Legal provisions of COM(1996)674 - Transportable pressure equipment - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(1996)674 - Transportable pressure equipment. |
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document | COM(1996)674 |
date | April 29, 1999 |
Contents
- Article 1 - Scope
- Article 2 - Definitions
- Article 3 - Conformity assessment or the placing on the Community market of new transportable pressure equipment
- Article 4 - Conformity assessment for the placing on the national market of new transportable pressure equipment
- Article 5 - Reassessment of conformity for existing transportable pressure equipment
- Article 6 - Periodic inspection and repeated use
- Article 7 - National provisions
- Article 8 - Notified bodies
- Article 9 - Approved bodies
- Article 10 - Marking
- Article 11 - Safeguard clause
- Article 12 - Undue marking
- Article 13 - Decisions leading to refusal or restriction
- Article 14 - Committee
- Article 15
- Article 16 - Adoption and publication
- Article 17 - Implementation
- Article 18 - Transitional arrangements
- Article 19 - Penalties
- Article 20 - Applicability of provisions of other Directives
- Article 21
- Article 22
Article 1 - Scope
2. This Directive shall apply:
(a) for the purpose of placing on the market: to new transportable pressure equipment as defined in Article 2;
(b) for the purpose of reassessment of conformity: to existing transportable pressure equipment as defined in Article 2 which meets the technical requirements laid down in Directives 94/55/EC and 96/49/EC;
(c) for repeated use and periodic inspections:
- to the transportable pressure equipment referred to in (a) and (b),
- to existing gas cylinders bearing the conformity marking laid down in Directives 84/525/EEC, 84/526/EEC and 84/527/EEC.
3. Transportable pressure equipment which was placed on the market before 1 July 2001 or, in the case of Article 18, within two years of that date and which has not been reassessed as to its conformity with the requirements of Directives 94/55/EC and 96/49/EC, shall be outside the scope of this Directive.
4. Transportable pressure equipment used exclusively for the transport of dangerous goods between Community territory and third-country territory, carried out in accordance with Article 6(1) and Article 7 of Directive 94/55/EC or Article 6(1) and Article 7(1) and (2) of Directive 96/49/EC, shall be outside the scope of this Directive.
Article 2 - Definitions
1. 'transportable pressure equipment' means:
- all receptacles (cylinders, tubes, pressure drums, cryogenic receptacles, bundles of cylinders as defined in Annex A to Directive 94/55/EC),
- all tanks, including demountable tanks, tank containers (mobile tanks), tanks of tank wagons, tanks or receptacles of battery vehicles or battery wagons, tanks of tank vehicles,
used for the transport of Class 2 gases in accordance with the Annexes to Directives 94/55/EC and 96/49/EC and for the transport of certain dangerous substances of other classes indicated in Annex VI to this Directive, including their valves and other accessories used for transport.
This definition excludes equipment subject to the general exemption principles applicable to small quantities and to the special cases provided for in the Annex to Directive 94/55/EC and the Annex to Directive 96/49/EC as well as aerosol dispensers (UN number 1950) and gas cylinders for breathing appliances;
2. 'mark' means the symbol referred to in Article 10;
3. 'conformity assessment procedures' means those procedures set out in Annex IV, Part I;
4. 'reassessment of conformity' means the procedure for subsequent assessment, at the request of the owner or his authorised representative established in the Community or of the holder, of the conformity of transportable pressure equipment already manufactured and put into service before 1 July 2001 or, in the case of Article 18, within two years of that date;
5. 'notified body' means an inspection body designated by the national competent authority of a Member State in accordance with Article 8 and meeting the criteria of Annexes I and II;
6. 'approved body' means an inspection body designated by the national competent authority of a Member State in accordance with Article 9 and meeting the criteria of Annexes I and III.
Article 3 - Conformity assessment or the placing on the Community market of new transportable pressure equipment
2. New valves and other accessories used for transport shall meet the relevant provisions of the Annexes to Directives 94/55/EC and 96/49/EC.
3. Valves and other accessories having a direct safety function in transportable pressure equipment, in particular safety valves, valves for filling and emptying and cylinder valves, shall be subject to a conformity assessment procedure at least a stringent as that undergone by the receptacle or tank to which they are fitted.
Such valves and other accessories used for transport may be subject to a different conformity assessment procedure separate from that used for the receptacle or tank.
4. Should Directive 94/55/EC and 96/49/EC not contain any detailed technical provisions for the valves and accessories referred to in paragraph 3, such valves and accessories must meet the requirements of Directive 97/23/EC and, pursuant to that Directive, be subject to a category II, III or IV conformity assessment procedure as laid down in Article 10 of Directive 97/23/EC according to whether the receptacle or tank belongs to category 1, 2 or 3 as laid down in Annex V to this Directive.
5. No Member State shall prohibit, restrict or impede the placing on the market or putting into service on its territory of transportable pressure equipment referred to in Article 1(2)(a) which complies with this Directive and bears the relevant mark provided for in Article 10(1) and (2).
Article 4 - Conformity assessment for the placing on the national market of new transportable pressure equipment
2. Transportable pressure equipment the conformity of which has been assessed by an approved body may not bear the marking described in Article 10(1).
3. The approved body shall work exclusively for the group of which it is a member.
4. The procedures applicable to conformity assessment by approved bodies shall be modules A1, C1, F and G, as described in Annex IV, Part I.
5. The effects of this Article shall be monitored by the Commission and evaluated as from 1 July 2004. To this end, Member States shall forward to the Commission any useful information on the implementation of this Article. If necessary the evaluation shall be accompanied by a proposal for amendment of this Directive.
Article 5 - Reassessment of conformity for existing transportable pressure equipment
Where such equipment was manufactured in series, Member States may authorise the reassessment of conformity with regard to receptacles, including their valves and other accessories used for transport, to be carried out by an approved body provided that conformity of the type is reassessed by a notified body.
2. No Member States shall prohibit, restrict or impede the placing on the market or putting into service on its territory of transportable pressure equipment referred to in Article 1(2)(b) which complies with this Directive and bears the relevant mark provided for in Article 10(1).
Article 6 - Periodic inspection and repeated use
However, Member States may permit periodic inspections of tanks carried out on their territory also to be performed by the approved bodies which have been recognised for carrying out periodic inspections of tanks and which act under the supervision of a body notified under the procedure provided for in Annex IV, Part III, Module 2 concerning periodic inspection through quality assurance.
2. The transportable pressure equipment referred to in Article 1(2) may be subjected to periodic inspection in any Member State.
3. No Member State may, on grounds concerning transportable pressure equipment as such, prohibit, restrict or impede the use (including filling, storing, emptying and refilling) on its territory of the following transportable pressure equipment:
- the equipment referred to in Article 1(2)(a) and (b) and the first indent of Article 1(2)(c), which satisfies the provisions of this Directive and bears the corresponding mark,
- existing gas cylinders bearing the conformity mark provided for in Directives 84/525/EEC, 84/526/EEC and 84/527/EEC and the mark and identification number referred to in Article 10(3) of this Directive indicating that it has undergone periodic inspection.
4. Member States may establish national requirements for the storage or use of transportable pressure equipment, but not for transportable pressure equipment itself or for the accessories needed during transport. Member States may, however, pursuant to Article 7, retain national requirements for connecting devices, colour codes and reference temperatures.
Article 7 - National provisions
However, where safety problems arise with the transport or use of certain types of gas, a short transitional period may be allowed, in accordance with the procedure laid down in Article 15, in order to enable Member States to retain their national provisions even after the European standards have been added to the Annexes to Directives 94/55/EC and 96/49/EC.
2. A Member State in which the ambient temperature is regularly lower than - 20 °C may impose more stringent standards as regards the operating temperature of material intended for use in the national transport of dangerous goods within its territory until provisions on the appropriate reference temperatures for given climatic zones are incorporated in the Annexes to Directives 94/55/EC and 96/49/EC.
Article 8 - Notified bodies
The Commission shall publish in the Official Journal of the European Communities a list of the notified bodies, with their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.
2. Member States shall apply the criteria set out in Annexes I and II for the designation of notified bodies. Each body shall submit to the Member State which intends to designate it complete information concerning, and evidence of, compliance with the criteria in Annexes I and II.
3. A Member State which has notified a body shall withdraw such notification if it finds that the body no longer meets the criteria referred to in paragraph 2.
It shall forthwith inform the Commission and the other Member States of any such withdrawal of notification.
Article 9 - Approved bodies
Member States using the option provided for in Article 6(1), second subparagraph, shall also communicate to the Commission and the other Member States the list of approved bodies established in the Community, which they have recognised for the purpose of carrying out periodic inspections of tanks.
The Commission shall publish in the Official Journal of the European Communities a list of the approved bodies recognised, with their identification numbers and the tasks for which they have been recognised. The Commission shall ensure that this list is kept up to date.
2. Member States shall apply the criteria set out in Annexes I and III for the recognition of approved bodies. Each body shall submit to the Member State which intends to recognise it complete information concerning, and evidence of, compliance with the criteria in those Annexes.
3. A Member State which has recognised a body shall withdraw the approval if it finds that the body no longer meets the criteria referred to in paragraph 2.
It shall forthwith inform the Commission and the other Member States of any such withdrawal of approval.
Article 10 - Marking
For transportable pressure equipment complying with Article 7(2), the identification number of the notified or approved body shall be followed by "- 40 °C".
2. New valves and other accessories having a direct safety function shall bear either the mark provided for in Annex VII hereto or that provided for in Annex VI to Directive 97/23/EC. Such marks need not be accompanied by the identification number of the notified body which carried out the conformity assessment on the valves and other accessories used for transport.
The other valves and accessories shall not be subject to any special marking requirements.
3. Without prejudice to the requirements for the marking of receptacles and tanks laid down in Directives 94/55/EC and 96/49/EC, for the purposes of periodic inspections, all transportable pressure equipment referred to in Article 6(1) shall bear the identification number of the body which performed the periodic inspection of the equipment to indicate that it may continue to be used.
With regard to gas cylinders covered by Directives 84/525/EEC, 84/526/EEC and 84/527/EEC, when the first periodic inspection is carried out in accordance with this Directive, the aforementioned identification number shall be preceded by the mark described in Annex VII.
4. For both conformity assessment and reassessment and for periodic inspections, the identification number of the notified or approved body shall be visibly and immovably affixed under its responsibility either by the body itself or by the manufacturer, or his authorised representative established within the Community, or by the owner or his authorised representative established in the Community, or by the holder.
5. The affixing of markings on transportable pressure equipment which are likely to mislead third parties with regard to the meaning or the graphics of the mark referred to in this Directive shall be prohibited. Any other marking may be affixed to equipment provided that the visibility and legibility of the marking in Annex VII is not thereby reduced.
Article 11 - Safeguard clause
2. The Commission shall enter into consultation with the parties concerned without delay. Where the Commission considers, after this consultation, that the measure is justified, it shall immediately so inform the Member State which took the initiative and the other Member States.
Where the Commission considers, after this consultation, that the measure is unjustified, it shall immediately so inform the Member State which took the initiative and the owner or his authorised representative established in the Community or the holder, or the manufacturer or his authorised representative established within the Community.
3. Where transportable pressure equipment which does not comply bears the marking provided for in Article 10, the competent Member State shall take appropriate action against the person(s) who affixed the marking and shall so inform the Commission and the other Member States.
4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.
Article 12 - Undue marking
Should non-conformity persist, the Member State shall immediately inform the Commission othereof and take all appropriate measures to restrict or prohibit the placing on the market, transport or use of the equipment in question or to ensure that it is withdrawn from the market or from circulation in accordance with the procedure laid down in Article 11.
Article 13 - Decisions leading to refusal or restriction
Article 14 - Committee
Article 15
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If within three months of the date of referral to the Council the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 16 - Adoption and publication
When Member States adopt those measures they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 17 - Implementation
2. The date referred to in paragraph 1 shall be deferred for certain transportable pressure equipment for which there are no detailed technical specifications or for which adequate reference to the relevant European standards has not been added to the Annexes to Directives 94/55/EC and 96/49/EC.
The equipment concerned by any such deferral and the date on which this Directive becomes applicable to it shall be determined in accordance with the procedure laid down in Article 15.
Article 18 - Transitional arrangements
Article 19 - Penalties
Member States shall notify the relevant provisions to the Commission not later than 1 December 2000 and shall inform it of any subsequent changes as soon as possible.
Article 20 - Applicability of provisions of other Directives
The provisions of Directive 76/767/EEC(14) shall no longer apply from 1 July 2001 or, in the case of Article 18, within two years of that date, for transportable pressure equipment falling within the scope of this Directive.
However, EEC pattern approval certificates for cylinders, issued pursuant to Directives 84/525/EEC, 84/526/EEC and 84/527/EEC shall be recognised as equivalent to the EC type-examination certificates provided for in this Directive.