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Here is a list of the questions we receive most often. If you don’t find the answer to your question here, please contact us.

F-gas Certificates

YES

Pursuant to Article 20 of the Act of 15 May 2015 on substances that deplete the ozone layer and certain fluorinated greenhouse gases, based on Journal of Laws 2020, item 2065, individuals are required to hold an appropriate personnel certificate when performing the following activities:

leak checking of equipment containing 5 tonnes CO₂ equivalent of F-gases or more, unless such equipment is hermetically sealed, labelled as such, and contains less than 10 tonnes CO₂ equivalent;
recovery;
installation;
repair, maintenance or servicing;
decommissioning.

Accordingly, a person performing the above activities is required to hold the relevant personnel certificate.

In addition, pursuant to Article 29 of the above-mentioned Act, an undertaking carrying out installation, maintenance, servicing, repair, or decommissioning of stationary refrigeration, air-conditioning equipment or heat pumps is required to hold an appropriate company (undertaking) certificate.

The Act imposes separate obligations on the undertaking regarding the receipt of fluorinated greenhouse gases, implementation of operational procedures, establishment of a documentation system, and possession of appropriate technical equipment.

UDT does not have territorial jurisdiction, so the application can be submitted to any branch.

Submitting the application to the nearest UDT branch will certainly speed up the inspection process and the issuance of the certificate.

YES

The requirements in this regard are defined in Article 29 of the Act of 15 May 2015 on substances that deplete the ozone layer and certain fluorinated greenhouse gases, based on Journal of Laws 2020, item 2065.

An undertaking that carries out activities such as installation, maintenance, servicing, repair, or decommissioning of stationary refrigeration, air-conditioning equipment or heat pumps, as well as fire protection systems containing fluorinated greenhouse gases, is required to hold a company (undertaking) certificate.

The provision is formulated in general terms and does not introduce limitations regarding the amount of fluorinated greenhouse gases contained in the equipment or system.

Based on Article 3(2) of COMMISSION IMPLEMENTING REGULATION (EU) 2015/2067 of 17 November 2015, laying down, in accordance with Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and conditions for mutual recognition of certification of natural persons in respect of stationary refrigeration, air-conditioning and heat pump equipment, and refrigeration units of trucks and trailers containing fluorinated greenhouse gases, as well as certification of companies in respect of stationary refrigeration, air-conditioning and heat pump equipment containing fluorinated greenhouse gases:

Personnel carrying out the installation of equipment containing 3 kg or more of fluorinated greenhouse gases must hold an F-gas Category I certificate.

Personnel performing only leak checks (without any intervention in the refrigeration system) are required to hold at least a Category IV certificate.

Since an F-gas certificate is required for handling equipment containing more than 3 kg of gas, how can refrigerant be obtained to charge smaller equipment without a certificate?

The certificate applies to all equipment containing fluorinated gases, regardless of the amount of charge.

Persons performing the filling of portable pressure vessels are required to hold a filling operator certificate. Qualifications in this area are issued in accordance with:

the Act of 21 December 2000 on Technical Inspection (Journal of Laws 2019, item 667),
the Regulation of the Minister of Economy of 18 July 2001 on the procedure for verifying qualifications required for the operation and maintenance of technical equipment (Journal of Laws No. 79, item 849), as amended by the Regulation of the Minister of Entrepreneurship and Technology of 21 May 2019 on the method and procedure for verifying qualifications required for the operation and maintenance of technical equipment and the method and procedure for extending the validity of qualification certificates, issued under Article 23(5) of the Act on Technical Inspection.

Examinations for filling operators are conducted by the Office of Technical Inspection (UDT). Detailed examination topics for persons applying for qualification verification required for filling portable pressure vessels with a capacity above 350 cm³ are available on the UDT website.

Pursuant to Article 37(1) of the Act of 15 May 2015 on substances that deplete the ozone layer and certain fluorinated greenhouse gases, based on Journal of Laws 2020, item 2065, servicing air-conditioning systems in certain motor vehicles does not require a personnel F-gas certificate.

Only proof of completed training is required for persons performing recovery of controlled substances and fluorinated greenhouse gases from these systems.

The Act of 15 May 2015 on substances that deplete the ozone layer and certain fluorinated greenhouse gases, based on Journal of Laws 2020, item 2065, does not impose a requirement to hold qualifications for installation, repair, servicing, maintenance, or decommissioning of mobile equipment, except for refrigerated trucks and refrigerated trailers.

The obligation to hold qualifications for mobile equipment exists only in the case of recovery activities.

To perform refrigerant recovery from mobile equipment, a personnel F-gas certificate in the appropriate scope (Category I, II, or III issued by UDT) is required.

The minimum technical equipment used by personnel, in relation to the relevant categories referred to in Article 3(2) of Commission Implementing Regulation (EU) 2015/2067 of 17 November 2015 laying down, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and conditions for mutual recognition of certification of natural persons in respect of stationary refrigeration, air-conditioning and heat pump equipment and refrigeration units of trucks and refrigerated trailers containing fluorinated greenhouse gases, as well as certification of companies in respect of stationary refrigeration, air-conditioning and heat pump equipment containing fluorinated greenhouse gases, includes the scope set out in Annex I to the Regulation of the Minister of Development and Finance of 7 December 2017 on the minimum technical equipment appropriate for performing activities covered by a personnel certificate in the field of fluorinated greenhouse gases and controlled substances.

To purchase fluorinated gas, under the currently applicable F-gas Act, a company F-gas certificate is required.

And what about equipment?

Regulation (EU) 517/2014, Article 11(5):
“Non-hermetically sealed equipment charged with fluorinated greenhouse gases shall be sold to the end user only where evidence is provided that installation will be carried out by an undertaking certified in accordance with Article 10.”

Amendment:
“Article 13a(1). The proof referred to in Article 11(5) of Regulation (EU) No 517/2014 shall be a contract for the performance of installation services, including in particular: the name of the equipment to be installed and information on the name and certificate number of the certified undertaking performing the installation service for the end user, where such a contract is concluded by the end user with a legal person, or the name and certificate number of the personnel certificate of the natural person performing the installation service for the end user, where such a contract is concluded by the end user with a natural person.”

**NO**

A company employing a person with a personnel certificate for the purpose of servicing only its own refrigeration equipment is not conducting business activity in this area, and therefore is not required to hold a company certificate.

In accordance with Article 29 of the Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, based on the Journal of Laws of 2020, item 2065, entrepreneurs who conduct activities involving the installation, maintenance or servicing, repair and decommissioning of stationary refrigeration, air conditioning or heat pump equipment, as well as fire protection systems containing fluorinated greenhouse gases, are required to hold a company certificate, as specified respectively in Commission Regulation (EU) No 2015/2067 or Regulation (EC) No 304/2008.

Polish law defines entrepreneurs in two legal provisions, namely in Article 43(1) of the Civil Code and in Article 4 of the Act on Freedom of Economic Activity, which state that an entrepreneur is an entity conducting business or professional activity in its own name.

In conclusion, in light of the aforementioned regulations, only entrepreneurs conducting business or professional activity on behalf of other parties are required to hold a company certificate.

**NO**

The Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, based on the Journal of Laws of 2020, item 2065, does not specify any requirements for distributors in this regard.

Similarly, if a company purchases equipment containing fluorinated greenhouse gases for the purpose of further distribution, and not for servicing purposes, it is not required by law to hold F-gas certificates.

YES

In accordance with Article 43 of the Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, based on the Journal of Laws of 2020, item 2065: “Certificates or attestations issued in other Member States of the European Union are recognised, provided that the holder of the certificate or attestation has a sworn translation of the certificate or attestation into Polish.”

A company may apply for a company certificate after one of its employees obtains a personnel certificate. If the company owner is at the same time its sole employee (sole proprietorship), they may present their personal F-gas certificate.

To obtain this type of certificate, the entrepreneur must submit an application to the Office of Technical Inspection (UDT).

This is described in detail in Article 30 of the F-gas Act:

Article 30. 1. The company certificate is issued by the company certification body. A company certificate may be obtained by an entrepreneur who:

1. meets the requirements appropriate to the type of activity conducted, as specified in Regulation (EC) No 303/2008 or Regulation (EC) No 304/2008, in particular:
a) has and applies, at the main place of business and at all branches, procedures for conducting activities,
b) has implemented, at the main place of business and at all branches, a system for documenting activities performed by personnel holding the appropriate personnel certificate,
c) has available, at the main place of business and at all branches, technical equipment meeting the minimum requirements appropriate to the scope of activities conducted;

2. Being a natural person, has not been convicted by a final judgment for an offence against the environment in connection with the business conducted, or such a conviction has not been handed down against persons forming the governing bodies of an entrepreneur that is a legal person or an organisational unit that is not a legal person; submits to the company certification body an application for the issue of a company certificate.

3. The company certificate is issued for an indefinite period.

Conducting business activity without holding a company certificate is subject to an administrative financial penalty ranging from 4,000 to 15,000 PLN (Article 48 of the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases).

In accordance with Article 22, paragraphs 1 and 2 of the Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, based on the Journal of Laws of 2020, item 2065, the personnel certificate is issued for an indefinite period.

However, the certificate is subject to revocation and removal from the register of issued personnel certificates in the event of a final conviction of the certificate holder for an offence against the environment.

Under the Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, based on the Journal of Laws of 2020, item 2065, a personnel certificate should be held by staff performing the following activities:

• leak checking of equipment containing fluorinated greenhouse gases in quantities of 3 kg or more, and equipment containing fluorinated greenhouse gases in quantities of 6 kg or more, with hermetically sealed systems that are labelled as such;
• recovery;
• installation;
• maintenance or servicing.

Therefore, if the company owner does not professionally perform the above activities, they are not required to hold a personnel certificate.

SF₆

In accordance with Article 2 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, “electrical switchgear” means switching devices and their combination with associated control, measuring, protective and regulating equipment, and assemblies of such devices and equipment with associated interconnections, accessories, enclosures and supporting structures, intended for use in connection with the generation, transmission, distribution and conversion of electrical energy.

Circuit breakers, instrument transformers, disconnectors and other devices filled with SF₆ are also part of electrical switchgear in accordance with the above definition.

Consequently, in order to carry out activities involving the installation, maintenance, repair, servicing, decommissioning and recovery of SF₆ gas from the aforementioned equipment, it is also required to hold a personnel certificate in the category of electrical switchgear.

In accordance with Article 2 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, regeneration means “the reprocessing of a recovered fluorinated greenhouse gas in order to match the performance specification of a virgin substance, taking into account its intended use.”

The intended use is the power industry, therefore the original properties of SF₆ gas are determined on the basis of the PN-EN IEC 60376 standard.

Regenerated SF₆ should, after regeneration, be subjected by the regenerating company to specialist laboratory tests checking its technical parameters in order to confirm whether the regenerated gas meets the quality criteria specified in the standards.

Recycling consists only of carrying out a basic purification process and the subsequent reuse of the recovered fluorinated greenhouse gas after this process.

Only gas that has undergone a complete regeneration process can be considered a full-value product with technical parameters equal to the rigorous properties of a new product.

In accordance with Article 2 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, “virgin” SF₆ means sulphur hexafluoride that has not previously been used.

Virgin SF₆ may be used to fill electrical equipment, however a personnel certificate in the category of electrical switchgear is required for this activity.

Recovered SF₆ is no longer a virgin substance, but a waste material.

In accordance with Article 2 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, “quantity of SF₆ contained in switchgear” means the rated charge of an isolated gas compartment of the equipment.

The rated charge of the gas compartment must be specified in the technical documentation drawn up by the manufacturer of the given type of switchgear.

The document PN-EN IEC 60376 “Specification of technical grade sulphur hexafluoride (SF₆) and complementary gases to be used in its mixtures for use in electrical equipment” specifies the quality of technical grade sulphur hexafluoride and complementary gases such as nitrogen and tetrafluoromethane for use in electrical equipment. The standard also describes techniques used for the analysis of SF₆ prior to its introduction into electrical equipment, covering both laboratory instrumentation and portable instrumentation used on-site at the location of the electrical equipment.

The document PN-EN IEC 60480 “Guidelines for the checking and treatment of sulphur hexafluoride (SF₆) taken from electrical equipment and specification for its re-use” specifies the criteria for the reuse of sulphur hexafluoride after recovery from electrical equipment (e.g. for maintenance purposes, at end of service life) and regeneration. The standard includes several annexes covering descriptions of various methods of SF₆ gas analysis, issues related to the recovery and neutralisation of decomposition products, cryogenic regeneration of SF₆, and recommendations for the storage and transport of SF₆.

Central Register of Operators

In accordance with Article 2 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, “operator” means a natural or legal person exercising actual control over the technical functioning of a product or equipment.

“Actual control” means day-to-day control over the equipment, full access, and the ability to make financial and technical decisions.

An entity becomes an operator at the moment the equipment is delivered to the place of use, or (in the case of installation) upon its completion and filling with SF₆.

If it is not possible to identify the operator, the owner becomes the operator.

The operator of equipment will never be the company servicing the equipment, unless it operates the equipment itself at its own premises or is its owner.

In short: operator = VAT number

In accordance with Article 14, paragraph 2 of the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, the obligation to maintain documentation lies with the operator of the equipment.

It should be noted, however, that electrical switchgear is not subject to leak checking, and consequently not subject to the obligation to maintain documentation in the Central Register of Operators system, if it meets at least one of the following conditions:

1. a) its tested leakage rate is, in accordance with the manufacturer’s technical specification, less than 0.1% per year and it is appropriately labelled;
2. b) it is equipped with a pressure or density monitoring device; or
3. c) it contains less than 6 kg of fluorinated greenhouse gases.

F-gas Certificates

In accordance with Article 10 of the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, the purchase of fluorinated greenhouse gases for the purpose of carrying out activities requiring a personnel certificate may only be made by a natural person holding the appropriate personnel certificate.

Any entity may purchase SF₆ for the purpose of resale without holding a personnel certificate, however it is required to submit a declaration to the gas distributor.

The declaration must contain information stating that the purchased SF₆ will not be used for activities requiring a personnel certificate, but will be resold to another entity.

In accordance with Article 29 of the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, entrepreneurs performing activities for third parties involving the installation, maintenance or servicing, repair or decommissioning of stationary refrigeration, air conditioning and heat pump equipment are required to hold a company certificate.

This obligation also applies to stationary fire protection systems containing fluorinated greenhouse gases.

In the case of electrical switchgear, it is sufficient to hold personnel certificates.

Persons carrying out the filling of portable pressure vessels with a capacity exceeding 350 cm³ are required to hold a certificate for fillers. Qualification certificates in this area are issued in accordance with:

the Act of 21 December 2000 on technical supervision (Journal of Laws of 2019, item 667),
the Regulation of the Minister of Entrepreneurship and Technology of 21 May 2019 on the manner and procedure for verifying qualifications required for the operation and maintenance of technical devices, and the manner and procedure for extending the validity period of qualification certificates,

and are conducted by the Office of Technical Inspection (UDT).

In accordance with Article 10, paragraph 10 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, Member States of the European Union are required to recognise certificates issued in another Member State.

Furthermore, EU regulations stipulate that Member States may not restrict the freedom to provide services or the freedom of establishment on the grounds that a certificate was issued in another Member State.

However, the service technician should have a sworn translation of their certificate into the official language of the country in which they will be using the document.

The recognition of certificates in other countries applies only to Member States of the European Union.

In accordance with Article 22, paragraphs 1 and 2 of the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, the personnel certificate is issued for an indefinite period.

However, the certificate may be revoked in the event of a final conviction of the certificate holder for an offence against the environment.

The certificate is valid throughout the entire European Union.

In accordance with Article 20 of the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, personnel carrying out the installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases, or carrying out the recovery of fluorinated greenhouse gases from stationary electrical switchgear, are required to hold the appropriate personnel certificate.

The personnel certificate is issued by the Office of Technical Inspection (UDT), on the basis of a positive examination result obtained by the personnel at an examining body.

The certificate is issued for an indefinite period and is valid throughout the entire European Union.

YES

The provision does not exempt from the obligation to hold a certificate personnel working with equipment containing less than 6 kg of SF₆ gas.

Waste Database and Waste

In accordance with Article 8, paragraph 1 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, the recovery of SF₆ is carried out solely for the purpose of ensuring the recycling, regeneration or destruction of this gas.

Prior to refilling equipment with SF₆ gas, it is necessary to carry out its recycling or regeneration.

Gas after the recycling process may only be reused in the equipment from which it was recovered.

In accordance with Article 180a of the Environmental Protection Law, a waste generation permit is required for the generation of waste with a mass exceeding 1 Mg per year in the case of hazardous waste, to which category recovered SF₆ is classified.

A permit is also required in the case of processing, storage and transportation of waste. In the case of transportation, the permit does not apply to the transportation of waste generated by oneself.

In accordance with Article 3, paragraph 1, point 32 of the Waste Act, the owner of the waste in the form of recovered sulphur hexafluoride is the service company carrying out the recovery activities.

Recovered SF₆ must be transferred without delay to an entity engaged in the collection and processing of waste.

The waste owner is required to issue a Waste Transfer Card in the Waste Database system, indicating the unit accepting the waste. The waste owner may transport the recovered SF₆ to its storage location without holding a waste transport permit.

Power Engineering Service

In accordance with Article 4, paragraph 1 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, electrical switchgear that meets at least one of the following conditions:

its tested leakage rate is, in accordance with the manufacturer’s technical specification, less than 0.1% per year and it is appropriately labelled;
it is equipped with a pressure or density monitoring device;
it contains less than 6 kg of fluorinated greenhouse gases;
is not subject to leak checking.

At the same time, such equipment is not subject to the obligation to register in the Central Register of Operators or the requirement to maintain Equipment Cards.

In accordance with Article 5, paragraph 2 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, operators of electrical switchgear containing fluorinated greenhouse gases in quantities of 500 tonnes of CO₂ equivalent or more, installed from 1 January 2017, shall ensure that such equipment is fitted with a leak detection system.

The leak detection system must alert the operator or the service company of any leak.

These systems must be checked at least once every 6 years to ensure their proper functioning.

In accordance with Article 10, paragraph 11 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, every entity that commissions a servicing activity to another entity is required to ensure that the entity holds the certificate necessary to carry out the required activities.

This requirement also applies to the service of SF₆ gas recovery from equipment.

This requirement does not apply to leak checking.

Article 12 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases imposes an obligation to label containers and equipment containing SF₆.

The precise information that the label should contain is specified in Article 12, paragraph 3 of the aforementioned regulation.

The same information must also be included in the equipment’s operating manual!

If a container contains recycled or regenerated SF₆, the label must state this.

The regeneration of SF₆ gas (i.e., in accordance with Regulation (EU) No 517/2014 of the European Parliament and of the Council — the reprocessing of recovered F-gas in order to match the performance specification of a virgin substance) is possible in the case of contaminants such as moisture, air, CF₄, and decomposition products. Regeneration should be carried out in accordance with the recommendations of the PN-EN IEC 60480 standard. In the case of removing air from SF₆ gas, the standard recommends the use of a cryogenic process, consisting of significantly lowering the temperature of SF₆, enabling its liquefaction. In such a situation, the air contained in SF₆ remains in a gaseous state and is pumped off from above the liquid sulphur hexafluoride. Such a process allows the original parameters of sulphur hexafluoride to be restored, in accordance with the PN-EN IEC 60376 standard.

In accordance with Article 18, paragraph 2 of the Regulation of the Minister of Economy, Labour and Social Policy of 23 December 2003 on health and safety in the production and storage of gases, filling of gas vessels, and the use and storage of carbide (Journal of Laws 2004, No. 7, item 59), portable vessels, with the exception of portable vessels for dissolved acetylene, submitted for refilling should have a gas overpressure of at least 0.5 bar.

Leaving a small overpressure (the so-called residual gas) is intended to prevent air, moisture and other contaminants from entering the interior of the cylinder.

In accordance with Article 4, paragraph 3 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, leak checks on electrical switchgear should be carried out with the following frequency:

Once every 12 months	136.8 t CO₂ eq SF₆ to < 500 t CO₂ eq SF₆, i.e. 6 kg SF₆ to < 21.9 kg SF₆ (if a leak detector is installed)
Once every 6 months	136.8 t CO₂ eq SF₆ to < 500 t CO₂ eq SF₆, i.e. 6 kg SF₆ to < 21.9 kg SF₆ (if no leak detector is installed) and 500 t CO₂ eq SF₆ and above, i.e. 21.9 kg SF₆ and above (if a leak detector is installed)
Once every 3 months	500 t CO₂ eq SF₆ and above, i.e. 21.9 kg SF₆ and above (if no gas leak detector is installed)

It should be noted, however, that electrical switchgear is not subject to leak checking if it meets at least one of the following conditions:

a) its tested leakage rate is, in accordance with the manufacturer’s technical specification, less than 0.1% per year and it is appropriately labelled;
b) it is equipped with a pressure or density monitoring device; or
c) it contains less than 6 kg of fluorinated greenhouse gases.

In accordance with Article 3, paragraph 3 of the Regulation of the European Parliament and of the Council on fluorinated greenhouse gases, after carrying out a repair to eliminate a leak, a leak check must be performed within 1 month in order to confirm that the repair was effective.

Responsibility for the repair of a leak lies with the equipment operator, who is required to ensure that the repair is carried out without undue delay.

There is no requirement to hold a personnel certificate in order to carry out leak checks on electrical switchgear filled with SF₆.

Responsibility for the absence of a card in the CRO system lies solely with the operator of the equipment.

Reporting Database

In accordance with Article 39 of the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, every entity using or recovering SF₆ is required to submit a report to the Reporting Database by 28 February for the preceding year.

Reporting to the BDS applies to service companies (but also to switchgear operators and other entities) if they:

import SF₆ from within or outside the EU, or export SF₆ to within or outside the EU,
import switchgear containing SF₆ from within or outside the EU, or export it to within or outside the EU,
use SF₆ in the production of switchgear or other processes,
carry out recycling, regeneration or destruction of SF₆,
carry out servicing of equipment containing SF₆.

Yes, the recovery, recycling and refilling of equipment with SF₆ gas must be reported in the Reporting Database (BDS).

In such a case, the following fields must be completed: point 6 “Recovery, recycling, regeneration or destruction carried out in-house” in the “Recovery” field and in the “Recycling” field, as well as point 5 “Use” in the field “Maintenance or servicing of stationary/mobile electrical switchgear” — type “Recovered, recycled or regenerated substance.”

The report in the Reporting Database is submitted once a year, by 28 February for the preceding year.

The fee for the emission of sulphur hexafluoride is announced annually by the Minister of Climate.

For the year 2021, the fee is set out in the announcement of the Minister of Climate of 9 September 2020 on the rates of fees for the use of the environment for the year 2021. It can be found in Annex 2.

CRO:

Equipment Cards are created for:

stationary refrigeration, air conditioning and heat pump equipment, refrigeration units mounted on refrigerated trucks and refrigerated trailers in accordance with Article 2, points 26 and 27 of Regulation 517/2014,
electrical switchgear in accordance with Article 2, point 36 of Regulation 517/2014,
equipment containing F-gases as organic solvents and Rankine cycles in accordance with Article 2, point 34 of Regulation 517/2014.

Fire Protection System Cards are created for stationary equipment constituting fire protection systems.

These cards are currently created for equipment containing ≥ 3 kg of controlled substances as defined in Article 3, point 4 of EU Regulation No 1005/2009, or ≥ 5 tonnes CO₂ eq of F-gases as defined in Article 2, point 1 of EU Regulation No 517/2014.

The person responsible for creating an equipment card is the operator, i.e. a natural or legal person exercising actual control over the technical functioning of the equipment.

This is usually the entity operating the equipment, the owner of the equipment, or the administrator of the facility in which the equipment is located.

In order to create equipment cards, the operator account administrator or the “contact person” designated by them is not required to hold a certificate.

YES

The operator account administrator must then add their employee in the CRO. Such an employee then becomes a contact person for the operator account.

The number of contact persons indicated in the CRO is limited to 3.

Contact persons may be added, blocked and removed at any time.

A contact person must be an employee of the operator’s company.

For equipment with multiple circuits, equipment cards must be created for each circuit separately, if its charge amounts to at least 3 kg of controlled substances or at least 5 tonnes of CO₂ equivalent of fluorinated greenhouse gases.

Entries in the cards may be made by persons holding a personal F-gas certificate who have carried out the given activity on the equipment, as well as by account administrators and their contact persons (this change was introduced following an amendment to the act).

Contact persons and operator account administrators will be able to make entries, even if they do not hold certificates, but ONLY on the basis of reports of activities carried out by service technicians and signed by them. Service technicians are required to hold certificates (insofar as they were required for the activities performed).

Responsibility for the accuracy of an activity entry in an equipment card in the CRO lies with the service technician.

Only those activities that involve intervention in the refrigeration circuit are entered in the equipment card, such as installation, top-up, recovery, refrigerant replacement, opening of the circuit, and leak checking.

An entry in the Cards cannot be changed or deleted; however, a subsequent corrective entry may be made.

It is not possible to make entries for past activities, as at the moment of entry the activity is automatically recorded with the current date.

An Equipment Card and a Fire Protection System Card must be created within 15 days of the delivery of the equipment or fire protection system to its place of operation, or in the case where the equipment or fire protection system requires installation — within 15 days of the completion of its installation and filling with a controlled substance or fluorinated greenhouse gas.

There are 15 working days from the date of carrying out the activity to make an entry in the equipment card.

Access to the cards is granted to designated employees of the Industrial Chemistry Institute. The Environmental Protection Inspector also has access, but only during the course of an inspection.

In the event that a company ceases to be the operator of equipment, it closes the cards, stating the reason “change of equipment operator”, and deletes its account from the CRO database.

It may also print PDF versions of the cards and pass them on to the new operator, so that they are in possession of the previous information regarding the equipment.

The new operator is required to register in the CRO database. It is necessary for them to create an account and enter the cards for the equipment.

The card with updated entries should be saved as a PDF file and stored at the place of operation of the equipment in order to be made available during an inspection carried out by the Regional Environmental Protection Inspectorate (WIOŚ).

In order to assist operator account administrators in preparing to create new or update existing Cards, a table has been made available in the “Documents” tab on the CRO website (a tab available only to CRO users after logging into the CRO website) and in the F-gases – CRO tab on the BOWOiK website (a tab generally accessible to all). The table contains a list of substances and mixtures that are F-gases, their global warming potential (GWP) values, and the quantities of each of these F-gases in kg corresponding to 5 tonnes of CO₂ equivalent.

Tables containing the quantity (in kg) of substances or mixtures of F-gases and controlled substances subject to registration in the CRO PG database

Reports:

YES

In accordance with Article 47, paragraph 11 of the Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, based on the Journal of Laws of 2020, item 2065, failure to submit a report to the Reporting Database within the deadline specified in the Act results in a financial penalty ranging from 600 PLN to 4,500 PLN.

At the same time, more lenient treatment may be expected in accordance with Article 51, paragraph 6, which states that “If the circumstances of the case and the evidence indicate that the violation occurred as a result of events or circumstances that the entity committing the violation could not have prevented, the competent authority shall waive the imposition of an administrative financial penalty and discontinue the proceedings.”

Furthermore, paragraph 7 states that “An administrative financial penalty may not be imposed if 3 years have elapsed since the date of the violation.”

The statutory obligation (Articles 39, 40 and 41 of the Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, based on the Journal of Laws of 2020, item 2065) to submit annual reports covers, among others, entities that use ozone-depleting substances or fluorinated greenhouse gases, including their use in the production, installation, servicing or maintenance of equipment, and that carry out their recovery, recycling, regeneration or destruction. The report for the preceding year must be submitted by 28 February, in the form of an electronic document, through the database maintained by the Industrial Chemistry Institute at http://www.bds.ichp.pl/o-bds.

The rules for maintaining the database have been specified in a regulation of the Minister of the Environment. Registration in the database is required before submitting the first report.

The report must include the type of controlled substances, new substances and fluorinated greenhouse gases, their chemical and trade names, and the quantities of these substances:

purchased or acquired free of charge on the territory of the Republic of Poland,
recovered in-house,
preliminarily purified in-house as part of recycling,
regenerated in-house,
sold or transferred free of charge on the territory of the Republic of Poland,
used in particular sectors, with an indication of the type of use,
destroyed in-house,
stored as of 1 January and 31 December of the year to which the report relates,
lost during the year to which the report relates — with a breakdown of the quantities of controlled substances, new substances and fluorinated greenhouse gases lost as a result of leakage and for other reasons.

A report on ozone-depleting substances and fluorinated greenhouse gases must be submitted in electronic form through the Reporting Database, regardless of whether it results in a fee for the use of the environment and irrespective of the amount of such a fee.

Failure to submit a report or submitting it late may result in an administrative financial penalty (Article 47 of the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases).

A waste management report must be submitted by 15 March of a given year for the preceding year.

The report is submitted through the waste database (BDO).

The relevant reports must be submitted by importers of F-gases (HFC refrigerants) and importers of equipment containing these substances.

The currently applicable Regulation requires this of producers, importers and exporters of F-gases in annual quantities exceeding 1 tonne or 100 tonnes of CO₂ equivalent. (Article 19, paragraphs 1, 4 and 6 of REGULATION (EU) No 517/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006).

Importantly, the reporting obligation also covers companies that place on the market products and equipment containing fluorinated greenhouse gases in quantities exceeding 500 tonnes of CO₂ equivalent. The report must specify the type of equipment, the number of units, and the quantity of refrigerant contained in them.

Companies placing F-gases on the market in quantities exceeding 10,000 tonnes of CO₂ equivalent per year must have their reports verified by an accredited, independent auditor.

Documentation must be retained for at least 5 years and made available upon request to the European Commission and the relevant national authorities.

The entity required to prepare and submit reports in the BDS is an entity that:

imports ODS or FGC onto the territory of the Republic of Poland,
exports ODS or FGC from the territory of the Republic of Poland,
imports onto the territory of the Republic of Poland products, stationary or mobile equipment, stationary or mobile fire protection systems, fire extinguishers or air conditioning systems in certain motor vehicles containing ODS or FGC,
exports from the Republic of Poland products, stationary or mobile equipment, stationary or mobile fire protection systems, fire extinguishers or air conditioning systems in certain motor vehicles containing ODS or FGC,
uses ODS or FGC in the production of equipment or fire protection systems, mobile equipment or fire protection systems, fire extinguishers or air conditioning systems in certain motor vehicles containing ODS or FGC,
uses ODS or FGC in the installation, servicing or maintenance of equipment or fire protection systems, mobile equipment or fire protection systems, fire extinguishers or air conditioning systems in certain motor vehicles containing ODS or FGC,
uses ODS or FGC in other processes,
carries out the recovery, recycling, regeneration or destruction of ODS or FGC.

The designated deadline for submitting the report is 28 February of the current year for the preceding year.

By 31 March of the year following the year to which the report relates, companies that import or export ODS and F-gases into or out of the territory of the European Union are required to submit reports to the European Commission.

Documentation from previous years must, as was the case previously, be retained in the archive for a period of 5 years in case of an inspection.

This situation involves two matters: submitting a fee for the use of the environment to the Marshal’s Office and submitting a KOBiZE report on emissions.

In accordance with the Environmental Protection Law, the user of the installation is responsible for the emission. In the case of refrigeration and air conditioning equipment, the user of the installation is most often its owner. In each case, the user of the installation should report the emission of the refrigerant in their report, and it is they who should retain proof of payment of the fees for the use of the environment for the emission of HCFC or HFC for any potential inspection.
Entities using the environment determine on their own the amount of fees due for the period during which the use of the environment took place. Fees are paid for the calendar year to the account of the relevant Marshal’s Office by 31 March of the following year. Fees for the introduction of gases or dust into the air, arising from the operation of equipment, are paid to the account of the Marshal’s Office with jurisdiction over the place of registration of the entity using the environment, while other fees are paid to the account of the Marshal’s Office with jurisdiction over the place where the environment is being used (Article 277 of the Environmental Protection Law).

The rates of fees for the introduction of gases or dust into the air and for waste storage applicable in 2021 were specified in the announcement of the Minister of the Environment of 9 September 2020 on the rates of fees for the use of the environment for the year 2021.

No fees for the use of the environment are charged if the annual amount for one type of use of the environment does not exceed 800 PLN. However, if the annual amount of such a fee does not exceed 100 PLN, the statements on the scope of use of the environment are also not required to be submitted (Article 289 of the Environmental Protection Law). https://www.gov.pl/web/klimat/oplaty-za-korzystanie-ze-srodowiska.
From 1 January 2019, entities using the environment determine the amount of fees for the introduction of gases or dust into the air on the basis of the annual actual emissions specified in the report to the National Database on Greenhouse Gas Emissions and Other Substances (KOBiZE). The report to the National Database is submitted through the National Database website available at: www.krajowabaza.kobize.pl, after the entity using the environment has registered in the National Database. Data is entered after logging into the National Database using an identifier (login) and password. The report to the National Database must be submitted by the end of February each year, for the preceding year.
In order to facilitate the fulfilment by entities using the environment of their statutory obligations regarding fees for air pollutant emissions and waste storage, the National Centre for Emissions Management IOŚ-PIB has launched an additional functionality on its website enabling the preparation of a statement containing information and data on the scope of use of the environment and the amount of fees due. National Database on Greenhouse Gas Emissions and Other Substances.

In the announcement of the Minister of Climate on the rates of fees for the use of the environment *(for the year in which the emission took place)* — Annex 2 — hydrofluorocarbons.

Refrigerants:

YES

In accordance with Regulation (EU) No 517/2014 of 16 April 2014, throughout the entire European Union, from 1 January 2017, quantities of refrigerant should be expressed in tonnes of CO₂ equivalent.

There are no legal restrictions on the period of operation of installations containing R-22 (and other HCFCs). It is prohibited to top them up with refrigerants from the HCFC group (R-22) after 31.12.2014. Equipment that is in good working order and leak-free may continue to be used.

A “virgin” refrigerant is one that has not previously been used, i.e. it does not originate from recovery.

Even until its technical end of life, if it is in good working order, leak-free and regularly serviced.

However, any potential leakage of an installation containing R22 will result in:

high emission fees (in 2021, halogenated hydrocarbons: HCFC-type compounds, 64.01 PLN/kg),
potential losses associated with disruption to the production and business activities of the refrigeration installation user.

It is recommended to replace refrigeration systems with systems using alternative refrigerants.

Recovered refrigerant can be submitted to PROZON Climate Protection Foundation. All necessary contact details can be found in the CONTACT tab.

The owner of the refrigerant contained in a refrigeration installation is its operator (the user of the installation).

The recovery of the refrigerant by a service company does not result in the transfer of ownership of the refrigerant to the service company.

In the case where the refrigerant becomes waste, it is then owned by the service company. This follows from Article 3, paragraph 1, point 32 of the Waste Act of 14 December 2012.

In accordance with Article 11, paragraphs 3 and 4 of REGULATION (EC) No 1005/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 on substances that deplete the ozone layer, from 1 January 2015 this refrigerant (as well as virgin, recycled or regenerated refrigerant) may no longer be used for the purposes of maintenance or servicing of existing refrigeration and air conditioning equipment and heat pumps.

The best solution from the point of view of environmental protection, proper documentation and legal compliance is to transfer the recovered refrigerant for regeneration to the PROZON Climate Protection Foundation.

REGULATION (EU) No 517/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on fluorinated greenhouse gases sets out the dates for the gradual reduction of the use of:

Products and equipment subject to the prohibition		Date of introduction of the prohibition
Domestic refrigerators and freezers containing fluorinated greenhouse gases (HFC) with a GWP of 150 or more		1 January 2015
Commercial refrigerators and freezers (hermetically sealed equipment)	containing HFCs with a GWP of 2,500 or more	1 January 2020
	containing HFCs with a GWP of 150 or more	1 January 2022
Stationary refrigeration equipment that contains or whose functioning is reliant upon HFCs with a GWP of 2,500 or more, except equipment intended for application in products designed to cool products to temperatures below –50 °C		1 January 2020
Multipack centralised refrigeration systems for commercial use with a rated capacity of 40 kW or more that contain or whose functioning is reliant upon fluorinated greenhouse gases with a GWP of 150 or more, except for the primary refrigerant circuit of cascade systems where fluorinated greenhouse gases with a GWP of less than 1,500 may be used		1 January 2022
Portable room air conditioners (hermetically sealed equipment which can be moved between rooms by the end user) containing HFCs with a GWP of 150 or more		1 January 2020
Single split air conditioning systems containing less than 3 kg of fluorinated greenhouse gases, that contain or whose functioning is reliant upon fluorinated greenhouse gases with a GWP of 750 or more		1 January 2025
Foams that contain HFCs with a GWP of 150 or more, except where required to meet national safety standards	Extruded polystyrene (XPS)	1 January 2020
	Other foams	1 January 2023
Technical aerosols that contain HFCs with a GWP of 150 or more, except where required to meet national safety standards or when used for medical applications		1 January 2018

In accordance with Article 10, point 4 of the Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases, based on the Journal of Laws of 2020, item 2065, it is prohibited to transfer, whether for payment or free of charge, fluorinated greenhouse gases to natural persons for their own use, with the exception of transfers made as part of the service of installation, maintenance or servicing of equipment.

Every producer and importer placing F-gases on the EU market is subject to the obligation to comply with the permitted quantities of these substances. Quotas will most easily be allocated to entities that are already conducting such activities and have submitted the relevant reports. New applicants also have the right to apply for an allocation of F-gas quotas.

Quotas are available to producers and importers of F-gases registered within the European Union, or having exclusive representatives here. Each such entity may place on the market HFC substances in quantities no greater than the allocated limit.

New applicants must submit to the European Commission a declaration regarding the types and quantities of HFC substances they intend to place on the market in the following year. The Commission sets the deadline for submitting these documents. Prior to submitting the declaration, registration in the electronic system is required.

In the first stage, each new applicant receives an allocation in accordance with their declaration, however no greater than what results from the equal distribution of the overall limit among all applying entities. Applicants who receive smaller quotas than requested may, in the second step, apply for an additional allocation according to the same proportional rules. The procedure may be repeated until all applicants are satisfied, or the overall F-gas quota is exhausted to a level equivalent to 500 tonnes of CO₂.

YES

In accordance with Article 8 of EU Regulation No 517/2014, operators of equipment shall ensure that the recovery of gases from such equipment is carried out by natural persons holding the appropriate certificates provided for in Article 10, for the purpose of ensuring the recycling, regeneration or destruction of these gases.

Therefore, after recovery has been carried out, one of the three operations listed above must be performed. The direct return of the refrigerant to the refrigeration circuit of the installation is not in accordance with the law.

Refrigeration Equipment:

EU 517/2014 Article 12
Labelling and information on products and equipment

1. Products and equipment that contain fluorinated greenhouse gases or whose functioning is reliant upon such gases may not be placed on the market unless they have been labelled. This applies only to:

refrigeration equipment;
air conditioning equipment;
heat pumps;
fire protection equipment;
electrical switchgear;
aerosol dispensers that contain fluorinated greenhouse gases, with the exception of metered dose inhalers used for the delivery of pharmaceutical ingredients;
all containers for fluorinated greenhouse gases;
solvents based on fluorinated greenhouse gases;
organic Rankine cycles.

The following must be labelled:

a) products and refrigeration equipment containing perfluorocarbons or preparations containing perfluorocarbons;

b) refrigeration and air conditioning products and equipment (other than those in motor vehicles), heat pumps, fire protection systems and fire extinguishers, if the given type of product or equipment contains hydrofluorocarbons or preparations containing hydrofluorocarbons;

c) switchgear containing sulphur hexafluoride or preparations containing sulphur hexafluoride; and

d) all containers of fluorinated greenhouse gases.

Under Regulation (EU) No 517/2014, the list is longer:

Art. 12: Products and equipment that contain fluorinated greenhouse gases or whose functioning is reliant upon such gases may not be placed on the market unless they have been labelled. This applies only to:

a) refrigeration equipment;
b) air conditioning equipment;
c) heat pumps;
d) fire protection equipment;
e) electrical switchgear;
f) aerosol dispensers that contain fluorinated greenhouse gases, with the exception of metered dose inhalers used for the delivery of pharmaceutical ingredients;
g) all containers for fluorinated greenhouse gases;
h) solvents based on fluorinated greenhouse gases;
i) organic Rankine cycles.

The following information must be included:

Information that the given equipment contains or uses fluorinated greenhouse gases or that its functioning is reliant upon them;
The accepted industrial designation for the fluorinated greenhouse gas, or alternatively its chemical name;
From 1 January 2017 — the quantity of F-gas contained in the equipment, or required by the equipment for its operation, stating the mass of the refrigerant, its CO₂ equivalent and the global warming potential (GWP) of the working fluid.

The above information must be included in the equipment’s operating manual, and additionally, in the case of a GWP equal to or exceeding 150 — also in advertisements and commercial offers.

In the case of “hermetically sealed equipment”*, information to this effect must be included on the label. Similarly, in relation to electrical switchgear with a verified leakage rate of less than 0.1% per year. The Regulation contains specific labelling requirements for foamed plastics, polyol mixtures, recovered and reclaimed F-gases placed on the market for destruction or direct export, for the military, and for the chemical, pharmaceutical and semiconductor industries.

The label must be clearly legible and indelible, and placed near service ports intended for charging or recovery of the fluorinated greenhouse gas, or on the part of the product or equipment that contains the fluorinated greenhouse gas.

Labels must be prepared in the official language of the country in which the equipment is to be placed on the market.

Additionally, the European Commission may adopt specific implementing rules regarding the appearance of labels and implementing legal acts introducing amendments to the labelling obligation.

*”hermetically sealed equipment” means equipment in which all parts containing fluorinated greenhouse gases are sealed by welding, brazing or a similar permanent joining method, which may include capped valves or capped service ports that allow proper repair or disposal and whose tested leakage rate is less than 3 grams per year under a pressure of at least one quarter of the maximum allowable pressure.

Refrigeration Service:

In accordance with Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, Article 3, point 3, after carrying out a repair to eliminate a leak, a follow-up check must be performed within 1 month in order to confirm that the repair was effective.

In order to obtain the current template of the document confirming that a leak check has been carried out, please contact PROZON staff directly.

In accordance with the provisions of the Act of 15 May 2015 on ODS and F-gases (Journal of Laws of 2020, item 2065), leak checks are not required for equipment containing controlled substances or fluorinated greenhouse gases in quantities below 3 kg (5 tonnes CO₂ eq), or for hermetically sealed equipment containing fluorinated greenhouse gases in quantities of less than 6 kg (10 tonnes CO₂ eq).

Required frequency of leak checks for equipment containing F-gases in accordance with Regulation (EU) 517/2014

*does not apply to electrical switchgear

Quantity of F-gases in one circuit in tonnes CO₂ eq	Without an installed leak detection system	With an installed leak detection system
Below 5 tonnes CO₂ eq (or below 10 tonnes CO₂ eq for hermetically sealed equipment)	Leak check not mandatory (no obligation to create a card in the CRO)	Leak check not mandatory (no obligation to create a card in the CRO)
From 5 tonnes CO₂ eq but less than 50 tonnes CO₂ eq	Once every 12 months	Once every 24 months
From 50 tonnes CO₂ eq but less than 500 tonnes CO₂ eq	Once every 6 months	Once every 12 months
500 tonnes CO₂ eq or more	Once every 3 months	Once every 6 months

It is also worth noting that such equipment is subject to a leak check within one month after a leak has been repaired, in order to confirm that the repair was effective.

YES

A service technician may service such equipment without legal liability.

Responsibility for the absence of a card lies with the operator, who bears the obligation to create the card.

European Union Law (updated as of 31.12.2021)

REGULATION (EU) No 517/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006
COMMISSION IMPLEMENTING DECISION (EU) 2017/1984 of 24 October 2017 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases, reference values for the period from 1 January 2018 to 31 December 2020 for each producer or importer that has lawfully placed hydrofluorocarbons on the market from 1 January 2015, as reported pursuant to that Regulation
COMMISSION IMPLEMENTING REGULATION (EU) 2016/879 of 2 June 2016 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, detailed arrangements for the declaration of conformity upon placing on the market of refrigeration, air conditioning and heat pump equipment charged with hydrofluorocarbons and for the verification of those declarations by an independent auditor
COMMISSION REGULATION (EC) No 1497/2007 of 18 December 2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, standard leakage checking requirements for stationary fire protection systems containing certain fluorinated greenhouse gases
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2065 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format for notification of the training and certification programmes of Member States
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2068 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2066 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition of certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases, or recovery of fluorinated greenhouse gases from stationary electrical switchgear
COMMISSION REGULATION (EC) No 1516/2007 of 19 December 2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council, standard leakage checking requirements for stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases
COMMISSION IMPLEMENTING REGULATION (EU) 2017/1375 of 25 July 2017 amending Implementing Regulation (EU) No 1191/2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases
COMMISSION IMPLEMENTING REGULATION (EU) No 1191/2014 of 30 October 2014 determining the format and means for submitting the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases
Corrigendum to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006
COMMISSION IMPLEMENTING REGULATION (EU) 2015/2067 of 17 November 2015 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition of certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases, and of companies as regards stationary refrigeration, air conditioning and heat pump equipment containing fluorinated greenhouse gases

Polish Legal Acts (updated as of 27.09.2022)

Act of 15 May 2015 on substances that deplete the ozone layer and on certain fluorinated greenhouse gases.
REGULATION OF THE MINISTER OF THE ENVIRONMENT of 21 December 2017 on the Central Register of Operators, item 2419
ACT of 12 July 2017 amending the Act on substances that deplete the ozone layer and on certain fluorinated greenhouse gases and certain other acts
REGULATION OF THE MINISTER OF DEVELOPMENT AND FINANCE of 7 November 2017 on the designation of the entity performing the function of the company certification body and the personnel certification body
REGULATION OF THE MINISTER OF DEVELOPMENT AND FINANCE of 11 October 2017 on the additional examination required in relation to refrigeration units of refrigerated trucks and trailers
REGULATION OF THE MINISTER OF DEVELOPMENT AND FINANCE of 7 December 2017 on the minimum technical equipment appropriate for carrying out activities covered by the personnel certificate in the field of fluorinated greenhouse gases and controlled substances, item 2410
REGULATION OF THE MINISTER OF DEVELOPMENT AND FINANCE of 7 December 2017 on minimum technical equipment, procedures and the system for documenting activities in the conduct of activities involving the installation, maintenance or servicing, repair or decommissioning of equipment containing fluorinated greenhouse gases, item 2417
REGULATION OF THE MINISTER OF DEVELOPMENT AND FINANCE of 7 December 2017 on the examination and certification of personnel in the field of fluorinated greenhouse gases and controlled substances, item 2402
REGULATION OF THE MINISTER OF DEVELOPMENT AND FINANCE of 7 December 2017 on the manner of conducting inspections to verify compliance with the conditions for obtaining a company certificate, item 2376
REGULATION OF THE MINISTER OF DEVELOPMENT AND FINANCE of 7 December 2017 on the template application for the issue of a company certificate, the template of such certificate and its description, and the unit rates of fees charged by the certification body, item 2421

BDO:

All entities listed in Article 50, paragraph 5 of the Waste Act (Journal of Laws of 2020, item 797, 875, 2361) are subject to the obligation to register in the BDO:

Article 50.1. The Marshal of the Province shall enter into the register upon application:

5) within the scope of this Act:

a) holders of waste carrying out waste processing who are exempt from the obligation to obtain a waste processing permit, with the exception of those listed in Article 45, paragraph 1, points 2 and 3,
b) waste transporters,
c) waste dealers and waste brokers, insofar as they are not subject to entry in the register on the basis of points 1 and 3 or by operation of law,
d) operators of ship recycling facilities,
e) waste generators required to keep waste records, with the exception of waste holders listed in Article 51, paragraph 1, points 1 and 2.

On the website https://bdo.mos.gov.pl/ there is a detailed training schedule for each month. In case of any problems, you can contact the BDO helpline at https://bdo.mos.gov.pl/kontakt/.

Unless the agreement between the equipment operator and the service company stipulates otherwise, by virtue of Article 3, paragraph 1, point 32 of the Waste Act, the generator of the waste in the form of the recovered refrigerant is the service company performing the service.

The Waste Act of 14 December 2012 [Journal of Laws 2013, item 21]

REGULATION OF THE MINISTER OF CLIMATE of 11 September 2020 on detailed requirements for the storage of waste

FAQ

F-gas Certificates

If I run a sole proprietorship providing installation, servicing, or maintenance of stationary refrigeration or air-conditioning equipment, do I need to hold both a PERSONNEL CERTIFICATE and a COMPANY CERTIFICATE?

Does the company certificate have to be issued in the city where the company’s registered office is located, or can it be issued at any UDT branch?

Is a COMPANY (undertaking) F-gas certificate required for the installation and servicing of stationary refrigeration and air-conditioning equipment containing less than 5 tonnes of CO₂ equivalent of F-gases?

What qualifications should a person have to install equipment containing fluorinated gases with more than 3 kg of gas, and what qualifications should a person performing leak checks have?

Can a service technician holding a Category I F-gas certificate carry out refrigerant recovery without holding the relevant UDT authorization for filling pressure vessels?

Does a technician servicing air-conditioning systems in “certain motor vehicles” need to hold a PERSONNEL F-gas certificate?

What qualifications are required to perform activities on “mobile equipment”?

What is included in the minimum equipment of a recipient?

What certificate is required to purchase fluorinated gas, and what certificate is required to purchase equipment filled with such gas?

Should a company employing a person with a personnel certificate for servicing only its own refrigeration equipment be required to hold a COMPANY CERTIFICATE?

Should a distributor of controlled substances and fluorinated gases be required to hold a COMPANY CERTIFICATE?

Should I be able to use my F-gas certificate abroad?

EU law requires holding a COMPANY CERTIFICATE in the field of F-gases. Can I obtain one? What are the consequences of not having it?

For what period of time is the PERSONNEL CERTIFICATE issued?

Should the owner of a company servicing refrigeration systems be required to hold a PERSONAL CERTIFICATE?

SF6

What is an electrical switchgear/distribution board?

What is the meaning of the concept of SF6 gas regeneration, and what is the meaning of the concept of recycling?

What is the meaning of the term "virgin" SF6?

What is the meaning of the term "quantity of SF6 contained in switchgear"?

What standards regulate the management of SF6 gas?

Central Register of Operators

Who is the operator of equipment filled with SF₆?

Who is responsible for maintaining the documentation of electrical switchgear in the Central Register of Operators system?

F-gas Certificates

Is a personnel certificate required to purchase SF₆ gas?

Are companies providing servicing for third parties of equipment containing SF₆ required to hold a company certificate?

Can a service technician holding an F-gas certificate in the category of electrical switchgear carry out the recovery of SF₆ gas without holding the relevant UDT authorisation for filling pressure vessels?

Can I use an F-gas certificate issued in Poland in other countries?

How long is a personnel certificate in the category of electrical switchgear valid?

Who is required to hold a personnel certificate in the category of electrical switchgear?

Is a personnel certificate also required for working with equipment containing less than 6 kg of SF₆ gas?

Waste Database and Waste

What does the obligation to recycle, regenerate or destroy recovered F-gas mean?

Should every company servicing equipment containing SF6 gas hold a waste generation permit before commencing its activities?

Who is the owner of SF6 recovered from electrical equipment?

Power Engineering Service

Which equipment is not subject to the leak checking obligation?

Which equipment must be fitted with a leak detection system?

How can a servicing activity be commissioned to another entity?

Which equipment is subject to the labelling obligation and what should a label contain?

Is the regeneration of SF6 gas mixed with air technically feasible?

What is the minimum level of SF6 gas that should be left in a cylinder returned for refilling?

How frequently should leak checks be carried out on equipment containing SF6?

When should a leak check be carried out on power equipment after a detected leak has been repaired?

Is it permitted to service power equipment that does not have a card registered in the Central Register of Operators system?

Reporting Database

Who is required to submit an annual report in the Reporting Database?

Does the recycling of SF6 gas at the site of equipment installation and the refilling of the gas compartment with recycled gas need to be registered in the Reporting Database (BDS)?

What is the fee for the emission of 1 kg of SF6?

CRO:

Which equipment is subject to the obligation to register cards in the Central Register of Operators?

Who is responsible for creating an equipment card in the Central Register of Operators?

Is a certificate required in order to create an equipment card in the Central Register of Operators?

Can I authorise a third party to create equipment cards in the CRO on my behalf?

How should an equipment card be created for a device with multiple refrigeration circuits?

Who may make an entry of activities in a given equipment card?

Who bears responsibility for the accuracy of an activity entry in an equipment card?

For what type of activities is there an obligation to make an entry in the equipment card?

Can an entry that has been made be edited or deleted?

Is there an obligation to enter activities carried out before a card was created for a given piece of equipment?

How much time do I have to create a card for new equipment?

How much time do I have to make an entry in the card after an activity has been carried out?

Which institutions have access to the equipment cards that have been created?

What should be done if a company ceases to be the operator of equipment?

Is it necessary to print the card?

From what quantity of which refrigerant must equipment be registered in the CRO?

Reports:

Are there any penalties for submitting a report in the Reporting Database with a 2-week delay, after 28 February?

A report on ozone-depleting substances and fluorinated greenhouse gases (concerning the emission of refrigerants CFC, HCFC and HFC, exhaust emissions, etc.) — when and where should it be submitted?

Does making payments for the use of the environment exempt me from submitting a report?

A report on waste management — when and where should it be submitted?

Who is subject to the obligation to submit reports?

Who is required to prepare and submit reports?

By when am I required to prepare and submit the annual report in the BDS?

Who is subject to the 31 March deadline for submitting a report to the European Commission?

What should I do with paper documentation from previous years?

What is the procedure for paying fees for refrigerant that has been emitted into the atmosphere?

SF₆