Sale of Pre-Charged Stationary Air Conditioning Equipment

Sale of Pre-Charged Stationary Air Conditioning Equipment

Mandatory F-Gas Disclosure for Air Conditioning Unit Sales (UK/GB)

 

IMPORTANT DISCLOSURE: Sale of Pre-Charged Stationary Air Conditioning Equipment

By purchasing this equipment, you are confirming that the installation of this stationary air conditioning unit (which contains fluorinated greenhouse gases (F-gases)) will be carried out by a company holding the appropriate F-Gas Company Certificate, and that the work will be performed by personnel holding the relevant F-Gas Personal Qualification, in accordance with the law.

You must provide us with the following confirmation details before or at the time of purchase:

  • Name of the end user/company who will be using the equipment.
  • Name and F-Gas Company Certificate number of the installation company.
  • A signed declaration from the end-user stating that the unit will be installed by a certified company and that records will be kept as required by the regulations.

 

We are legally obliged to retain this information. Failure to comply with this requirement means we cannot legally complete the sale and supply the equipment.


 

Determining Law (Great Britain)

 

The requirement for sellers to ensure air conditioning units containing F-gases are installed by certified personnel is primarily derived from The Fluorinated Greenhouse Gases Regulations 2015 (SI 2015 / 310), which implements and enforces the framework established by the EU F-Gas Regulation (Regulation (EU) No 517/2014) (and its subsequent retained/amended versions in Great Britain, such as through the EU Withdrawal Act).

Specifically, the key provision that creates this obligation for sellers is often referred to as an enforcement of the principle in the main EU F-Gas Regulation, which requires:

  • Article 11(5) of Regulation (EU) No 517/2014 (The F-Gas Regulation): This article prohibits the placing on the market of certain equipment (including stationary air conditioning units pre-charged with F-gases) unless the equipment is sold to an end-user where the installation is certified.

The UK's implementing regulations and guidance from bodies like the Environment Agency mandate that the distributor (seller) must obtain evidence (like a declaration from the end-user or confirmation of the installer's F-gas certificate number) to prove the unit will be installed legally, thereby ensuring compliance with Article 11(5). Fines have been issued for breaches of this requirement.

 

 

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