The legislative decree D.Lgs. 163/2019, “Disciplinary Sanctions for Violation of the Provisions of EU Regulation 517/2014 on Fluorinated Greenhouse Gases and Repealing Regulation EC 842/2006,” has come into force as published in the Official Gazette n. 1/2020. This decree repeals the previous D.Lgs. 26/2013, which governed sanctions for violations under Regulation EC 842/2006 on certain fluorinated greenhouse gases.
Background and Requirements
The European legislator has mandated individual countries to establish specific prescriptions for those responsible for the release of fluorinated gases into the atmosphere, which contribute to the greenhouse effect. These regulations particularly identify accredited certification as the tool to ensure the necessary competence to prevent such risks.
Initially, regulations – first with DPR 43/2012 and later replaced by DPR 146/2018 – stipulated that companies and individuals involved in the installation, servicing, maintenance, repair, or dismantling of relevant systems must be certified by accredited bodies. Additionally, for vehicle refrigeration systems, training companies for personnel involved in these activities must also be certified.
Key Provisions of D.Lgs. 163/2019
D.Lgs. 163/2019 addresses non-compliances related to the activities of certifiers and certified entities. Article 8 (paragraphs 4-8) identifies penalties for violating the obligations of certification bodies, “conformity assessment bodies” (as defined by the DPR for organizations certifying training attestation bodies), and training attestation bodies.
Summary of Sanctionable Behaviors
Violations and Penalties:
- Failure to Register: Certification bodies failing to register certified persons and companies in the national electronic registry face fines ranging from €150 to €1,000.
- Failure to Transmit Names: Training attestation bodies not transmitting the names of certified individuals to the certifying body will incur similar fines.
- Failure to Update Records: Certification bodies not updating the registry with the identifying data of certified persons and companies, including revocation, suspension, renewal, or transfer of certificates to another body.
- Failure to Record Data: Non-insertion of the data of attested individuals by bodies certifying the training attestation bodies.
- Obligatory Registration: Failure of obligated parties to register in the electronic registry.
Heavier Penalties for Non-Compliance Reporting:
- A more severe fine, ranging from €1,000 to €5,000, is imposed for failing to submit an annual report to the Ministry of Environment and Protection of Land and Sea by March 31st of each year. This report must detail the activities carried out in the previous year and is mandatory for certification bodies and conformity assessment bodies.
Conclusion
D.Lgs. 163/2019 emphasizes the importance of strict adherence to the regulations governing the use and certification of fluorinated gases. Ensuring compliance through accredited certification not only prevents environmental damage but also supports legal adherence, thereby mitigating financial penalties. Companies involved in relevant sectors must remain vigilant and proactive in meeting these requirements to avoid substantial fines and contribute to environmental protection.
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