Commission Regulation (EC) No 306/2008 of 2 April 2008 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of personnel recovering certain fluorinated greenhouse gas-based solvents from equipment (Text with EEA relevance)

Personnel carrying out the activity referred to in Article 1 shall hold a certificate  as referred to in Article 3.

Paragraph 1 shall not apply for a maximum period of 1 year to personnel enrolled in a training course for the purpose of obtaining a certificate provided that they carry out the activity under the supervision of a person holding a certificate.

Member States may decide that paragraph 1 shall not apply for a period which shall not exceed the date referred to in Article 5(4) of Regulation (EC) No 842/2006, to personnel undertaking the activity provided for in Article 1 of this Regulation before the date referred to in Article 5(2) of Regulation (EC) No 842/2006.

A certification body as referred to in Article 4 shall issue a certificate to personnel who have passed a theoretical and practical examination organised by an evaluation body as referred to in Article 5, covering the minimum skills and knowledge set out in the Annex.

The certificate shall contain at least the following:

Where an existing examination-based certification system covers the minimum skills and knowledge set out in the Annex and meets the requirements of Articles 4 and 5, but the related attestation does not contain the elements laid down in paragraph 2 of this Article, a certification body referred to in Article 4 may issue a certificate to the holder of this qualification without repeating examination.

Where an existing examination based certification system meets the requirements of Articles 4 and 5 and partially covers the minimum skills as set out in the Annex, certification bodies may issue a certificate provided that the applicant passes a supplementary examination, of the skills and knowledge not covered by the existing certification, organised by an evaluation body referred to in Article 5.

A certification body shall be provided for by a national law or regulation, or designated by the competent authority of a Member State or other entities entitled to do so, as being allowed to issue certificates to personnel involved in the activity referred to in Article 1.

The certification body shall establish and apply procedures for the issuance, suspending and withdrawing of certificates.

The certification body shall maintain records that allow verifying the status of a certified person. The records shall demonstrate that the certification process has been effectively fulfilled. Records shall be kept for a minimum period of 5 years.

An evaluation body designated by the competent authority of a Member State or other entities entitled to do so, shall organise examinations for the personnel referred to in Article 1. A certification body as referred to in Article 4 may also qualify as an evaluation body.

Examinations shall be planned and structured in a manner which ensures that the minimum skills and knowledge set out in the Annex are covered.

The evaluation body shall adopt reporting procedures and keep records to enable the documentation of the individual and overall results of the evaluation.

The evaluation body shall ensure that examiners assigned to a test have due knowledge of the relevant examination methods and examination documents as well as an appropriate competence in the field to be examined. It shall also ensure that the necessary equipment, tools and materials are available for the practical tests.

By 4 January 2009, Member States shall notify the Commission of the names and contact details of certification bodies for personnel covered by Article 4 and of the titles of certificates for personnel complying with the requirements of Article 3, using the format established by Regulation (EC) No 308/2008.

If fluorinated greenhouse gas-based solvents are not used in a Member State, this Member State may decide not to designate the certification or the evaluation body referred to in Article 4 and 5, or both, before the need for such certification arises in the future. In this case the Member State concerned shall provide for the necessary arrangements under its national legislation in order to ensure the issuance of such certificates without undue delays in the event such certification would be requested in the future.

Member States shall update the notification submitted pursuant to paragraph 1, with relevant new information, and submit it to the Commission without delay.

Mutual recognition of certificates issued in other Member States shall apply to certificates issued in accordance with Article 3.

Member States may require holders of certificates issued in another Member State to provide a translation of the certificate in another official Community language.