Ireland refrigerant rules: S.I. 404/2022, EPA, certificates and pressure systems

EU regulation plus S.I. 404/2022

Regulation (EU) 2024/573 has applied directly in Ireland since 11 March 2024 ^[2]. The national instrument is the European Union (Fluorinated Greenhouse Gases) Regulations 2022 (S.I. No. 404/2022). It revoked the 2016 regulations (S.I. No. 658/2016) and their amendments, turns the duties of the EU regulation into offences, makes the EPA the market surveillance authority and introduces fixed payment notices ^[1].

EPA: competent authority and enforcement

The EPA may prosecute offences itself (regulation 23). Its authorised officers may ask to see certificates, enter premises where F-gases are likely to be found, inspect and copy records and take samples. A private dwelling may be entered only with consent or a District Court warrant (regulation 21) ^[1].

• Compliance notice (regulation 19): orders an operator who does not prevent leaks to take specific measures by a deadline. Representations within 14 days, appeal to the Circuit Court. Ignoring it can cost up to 100,000 euro on indictment ^[1].
• Prohibition notice (regulation 20): stops the placing on the market of non-compliant gas, products or equipment ^[1].
• Directors and managers can be prosecuted personally for company offences committed with their consent or through wilful neglect (regulation 22) ^[1].

Offences and fixed payment notices

Breaches are punished on summary conviction with a class A, B or C fine, the serious ones with higher fines on indictment. For many offences an authorised officer can instead serve a fixed payment notice; if it is paid to the EPA within 21 days, there is no prosecution (regulation 24) ^[1].

Certificates for technicians and companies

Under regulation 11, only a person with a valid certificate from a certification body may install, service, maintain, repair or decommission equipment covered by the leak check rules, carry out leak checks or recover F-gases. Companies doing this work on stationary refrigeration, air conditioning, heat pump and fire protection equipment need a company certificate. The Minister for the Environment, Climate and Communications designates the certification and evaluation bodies and publishes them in Iris Oifigiúil (regulations 13 and 14) ^[1].

The EPA may ask holders of certificates from other member states for an English translation (regulation 13(10)) ^[1]. The categories in S.I. 404/2022 come from Implementing Regulation (EU) 2015/2067, repealed by (EU) 2024/2215 with certificates A1, A2, B, C, D and E ^[3]. Ask the certification body how existing certificates are handled.

Older refrigerants: ozone-depleting substances

Refrigerants such as R22 fall under the Control of Substances that Deplete the Ozone Layer Regulations 2011 (S.I. No. 465/2011), with the EPA as competent authority. Fixed equipment with more than 3 kg must be leak-checked by a qualified person and the checks recorded. The required qualification is the FETAC award Handling F-gas Refrigerants (5S0108) or an equivalent decided by the EPA ^[4].

S.I. 465/2011 implements Regulation (EC) No 1005/2009, since replaced by Regulation (EU) 2024/590, which applies directly ^[4][5].

Pressure systems: Part 10 of S.I. 299/2007

Part 10 of the Safety, Health and Welfare at Work (General Application) Regulations 2007, inserted by S.I. No. 445/2012 from 1 January 2013, covers pressure systems used at work containing steam, a gas above 0.5 bar gauge, or a liquid with a vapour pressure above 0.5 bar. The Health and Safety Authority (HSA) enforces it. Schedule 12, Part A, exempts among other things ^[6]:

• vapour compression refrigeration systems whose compressor drive motors, standby motors included, have a total installed power of 25 kW or less (paragraph 22);
• systems (other than steam) in which the pressure in bar times the internal volume in litres is below 250 bar·l for each pressure vessel (paragraph 27);
• parts that count as a pressure system only because they are under a leak test (paragraph 3).

For larger refrigeration plants the employer who uses or owns the system has these duties ^[6]:

• Before first use: inspection by a competent person and testing of safety devices; for pressure vessels a certificate of commissioning stating the safe operating limits (regulation 191(1)).
• Periodic examination: pressure vessels other than boilers, receivers included, at least every 26 months, boilers every 14 months. The competent person may change the interval with written reasons (Schedule 12, Part B, regulation 192(4)).
• Reports and register: reports go to owner and user, and to the HSA within 20 days if the vessel must be stopped or repaired. Keep a register of pressure vessels (regulations 192 and 193).
• Repairs: whoever repairs or modifies the system gives the user written information before restart (regulation 189(3)).

Design and conformity assessment of new pressure equipment are covered by S.I. No. 233/2017, which implements Directive 2014/68/EU, with the HSA as market surveillance authority ^[7].

Practical checklist

1. Work from Regulation (EU) 2024/573 and use S.I. 404/2022 for offences and penalties ^[1][2].
2. Check personal and company certificates before taking on work, and have translations of foreign certificates ready ^[1][3].
3. Keep leak check records ready for an EPA authorised officer: missing records can mean a 500 euro fixed payment ^[1].
4. For R22 and other ozone-depleting refrigerants, apply Regulation (EU) 2024/590 and S.I. 465/2011 ^[4][5].
5. Above 25 kW compressor power and 250 bar·l per vessel: keep a vessel register, a commissioning certificate and examinations at least every 26 months ^[6].