Legal provisions of COM(2008)202 - Simple pressure vessels (codified version) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2008)202 - Simple pressure vessels (codified version). |
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document | COM(2008)202 ![]() |
date | September 16, 2009 |
Contents
- CHAPTER I - SCOPE, DEFINITIONS, PLACING ON THE MARKET AND FREE MOVEMENT
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- CHAPTER II - CERTIFICATION
- SECTION 1 - Certification procedures
- Article 8
- Article 9
- SECTION 2 - EC type-examination
- Article 10
- SECTION 3 - EC verification
- Article 11
- SECTION 4 - EC declaration of conformity
- Article 12
- Article 13
- Article 14
- CHAPTER II - I
- Article 15
- Article 16
- CHAPTER IV - FINAL PROVISIONS
- Article 17
- Article 18
- Article 19
- Article 20
- Article 21
CHAPTER I - SCOPE, DEFINITIONS, PLACING ON THE MARKET AND FREE MOVEMENT
Article 1
2. The following vessels shall be excluded from the scope of this Directive:
(a) | vessels specifically designed for nuclear use, failure of which may cause an emission of radioactivity; |
(b) | vessels specifically intended for installation in or the propulsion of ships and aircraft; |
(c) | fire extinguishers. |
3. For the purposes of this Directive the following definitions shall apply:
(a) | ‘simple pressure vessel’ or ‘vessel’ means any welded vessel subjected to an internal gauge pressure greater than 0,5 bar which is intended to contain air or nitrogen and which is not intended to be fired. The parts and assemblies contributing to the strength of the vessel under pressure shall be made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys. The vessel shall be made of either:
The maximum working pressure of the vessel shall not exceed 30 bar and the product of that pressure and the capacity of the vessel (PS x V) shall not exceed 10 000 bar.l. The minimum working temperature must be no lower than – 50 °C and the maximum working temperature must not be higher than 300 °C for steel and 100 °C for aluminium or aluminium alloy vessels; |
(b) | a ‘harmonised standard’ means a technical specification (European standard or harmonisation document) adopted by the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) or the European Telecommunications Standards Institute (ETSI) or by two or three of those bodies upon a remit from the Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (9) and the general guidelines for cooperation between the Commission, the European Free Trade Association (EFTA) and those three bodies signed on 28 March 2003. |
Article 2
2. The provisions of this Directive shall not affect the right of Member States to specify — with due observance of the Treaty — the requirements they deem necessary in order to ensure that workers are protected when using vessels, provided it does not mean that those vessels are modified in a way unspecified in this Directive.
Article 3
2. Vessels in respect of which the product of PS x V is 50 bar.l or less must be manufactured in accordance with sound engineering practice in one of the Member States and bear markings as laid down in point 1 of Annex II, with the exception of the ‘CE’ marking referred to in Article 16.
Article 4
Article 5
Conformity of vessels with the national standards which transpose the harmonised standards, the reference numbers of which have been published in the Official Journal of the European Union, shall result in a presumption of conformity to the essential safety requirements set out in Annex I.
Member States shall publish the reference numbers of such national standards.
2. Member States shall presume that vessels for which the standards referred to in the second subparagraph of paragraph 1 do not exist or in respect of which the manufacturer has not applied or has only partially applied such standards, comply with the essential safety requirements set out in Annex I, where, after receipt of an EC type-examination certificate, their conformity with the approved model has been certified by the affixation of the ‘CE’ marking.
3. Where vessels are subject to other Directives covering other aspects and which also provide for the affixing of the ‘CE’ marking, the latter shall indicate that the vessels in question are also presumed to conform to the provisions of those other Directives.
However, where one or more of those Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the ‘CE’ marking shall indicate conformity only to the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Union, shall be given in the documents, notices or instructions required by the Directives and accompanying such vessels.
Article 6
The committee shall deliver an opinion without delay.
In the light of the committee’s opinion, the Commission shall inform the Member States whether or not it is necessary to withdraw those standards from the publications referred to in Article 5(1).
Article 7
The Member State concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision, and in particular whether non-conformity is due to:
(a) | failure to meet the essential safety requirements set out in Annex I, where the vessel does not meet the harmonised standards referred to in Article 5(1); |
(b) | incorrect application of the harmonised standards referred to in Article 5(1); |
(c) | shortcomings in the harmonised standards referred to in Article 5(1). |
2. The Commission shall enter into consultation with the parties concerned as soon as possible. Where, after such consultation, the Commission finds that any measure as referred to in paragraph 1 is justified, it shall immediately so inform the Member State that took the action and the other Member States.
Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, the Commission, after consulting the parties concerned, shall bring the matter before the committee within two months if the Member State which has taken the measures intends to maintain them and shall set in motion the procedure referred to in Article 6.
3. Where a vessel which does not comply bears the ‘CE’ marking, the competent Member State shall take appropriate action against whomsoever has affixed the marking and shall inform the Commission and the other Member States thereof.
4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of the procedure referred to in paragraphs 1, 2 and 3.
CHAPTER II - CERTIFICATION
SECTION 1 - Certification procedures
Article 8
(a) | inform an approved inspection body as referred to in Article 9, which, after examining the design and manufacturing schedule referred to in point 3 of Annex II, shall draw up a certificate of adequacy attesting that the schedule is satisfactory; or |
(b) | submit a prototype vessel for the EC type-examination referred to in Article 10. |
2. Prior to production of pressure vessels of which the product of PS x V exceeds 50 bar.l, not manufactured, or manufactured only partly, in accordance with the harmonised standards referred to in Article 5(1), the manufacturer, or his authorised representative established within the Community, shall submit a prototype vessel for the EC type-examination referred to in Article 10.
3. Vessels manufactured in accordance with the harmonised standards referred to in Article 5(1) or with the approved prototype shall, prior to their being placed on the market, be subject:
(a) | to the EC verification referred to in Article 11 where the product of PS x V exceeds 3 000 bar.l; |
(b) | at the choice of the manufacturer, where the product of PS x V does not exceed 3 000 bar.l but exceeds 50 bar.l, either:
|
4. The records and correspondence relating to the certification procedures referred to in paragraphs 1, 2 and 3 shall be drafted in an official language of the Member State in which the approved inspection body is established or in a language accepted by that body.
Article 9
The Commission shall publish in the Official Journal of the European Union 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. For the purposes of approval of the bodies referred to in paragraph 1, Member States shall meet the minimum criteria set out in Annex III.
3. A Member State which has approved an inspection body shall withdraw approval if it finds that the body no longer meets the minimum criteria set out in Annex III.
It shall immediately inform the Commission and the other Member States accordingly.
SECTION 2 - EC type-examination
Article 10
2. The application for EC type-examination shall be lodged by the manufacturer or by his authorised representative with a single approved inspection body in respect of a prototype vessel or of a prototype representing a family of vessels. That authorised representative must be established in the Community.
The application shall include:
(a) | the name and address of the manufacturer or of his authorised representative and the place of manufacture of the vessels; |
(b) | the design and manufacturing schedule referred to in point 3 of Annex II. |
It shall be accompanied by a vessel which is representative of the production envisaged.
3. The approved inspection body shall carry out the EC type-examination in the manner referred to in the second and third subparagraphs.
It shall examine not only the design and manufacturing schedule in order to check its conformity, but also the vessel submitted.
When examining the vessel, the body shall:
(a) | verify that the vessel has been manufactured in conformity with the design and manufacturing schedule and may safely be used under its intended working conditions; |
(b) | perform appropriate examinations and tests to check that the vessel complies with the essential requirements applicable to it. |
4. If the prototype complies with the provisions applicable to it the approved inspection body shall draw up an EC type-examination certificate which shall be forwarded to the applicant. That certificate shall state the conclusions of the examination, indicate any conditions to which its issue may be subject and be accompanied by the descriptions and drawings necessary for identification of the approved prototype.
The Commission, the other approved inspection bodies and the other Member States may obtain a copy of the certificate and, on a reasoned request, a copy of the design and manufacturing schedule and the reports on the examinations and tests carried out.
5. An approved inspection body which refuses to issue an EC type-examination certificate shall so inform the other approved inspection bodies.
An approved inspection body which withdraws an EC type-examination certificate shall so inform the Member State which approved it. The latter shall inform the other Member States and the Commission thereof, giving the reasons for the decision.
SECTION 3 - EC verification
Article 11
2. The manufacturer shall take all necessary measures for the manufacturing process to ensure that the vessels conform to the type described in the EC type-examination certificate or to the design and manufacturing schedule referred to in point 3 of Annex II. The manufacturer or his authorised representative established within the Community shall affix the ‘CE’ marking to each vessel and draw up a declaration of conformity.
3. The approved inspection body shall carry out the appropriate examinations and tests in order to check the conformity of the vessels with the requirements of this Directive by examination and testing of vessels in accordance with the second to tenth subparagraphs.
The manufacturer shall present his vessels in the form of uniform batches and shall take all necessary measures in order that the manufacturing process ensures the uniformity of each batch produced.
Those batches shall be accompanied by the EC type-examination certificate referred to in Article 10 or, where the vessels are not manufactured in accordance with an approved prototype, by the design and manufacturing schedule referred to in point 3 of Annex II. In the latter case the approved inspection body shall, prior to EC verification, examine the schedule in order to certify its conformity.
When a batch is examined, the approved inspection body shall ensure that the vessels have been manufactured and checked in accordance with the design and manufacturing schedule, and shall perform a hydrostatic test or a pneumatic test of equivalent effect on each vessel in the batch at a pressure Ph equal to 1,5 times the vessel’s design pressure in order to check its soundness. The pneumatic test shall be subject to acceptance of the test safety procedures by the Member State in which the test is performed.
Moreover, the approved inspection body shall carry out tests on test-pieces taken from a representative production test-piece or from a vessel, as the manufacturer chooses, in order to examine the weld quality. The tests shall be carried out on longitudinal welds. However, where differing weld techniques are used for longitudinal and circular welds, the tests shall be repeated on the circular welds.
For the vessels referred to in point 2.1.2 of Annex I, these tests on test-pieces shall be replaced by a hydrostatic test on five vessels taken at random from each batch in order to check that they conform to the essential safety requirements set out in point 2.1.2 of Annex I.
In the case of accepted batches, the approved inspection body shall affix its identification number, or cause that number to be affixed, to each vessel and shall draw up a written certificate of conformity relating to the tests carried out. All vessels in the batch may be placed on the market except for those which have not successfully undergone a hydrostatic test or a pneumatic test.
If a batch is rejected, the approved inspection body shall take appropriate measures to prevent the placing on the market of that batch. In the event of frequent rejection of batches, the approved inspection body may suspend the statistical verification.
The manufacturer may, under the responsibility of the approved inspection body, affix the latter’s identification number during the manufacturing process.
The manufacturer or his authorised representative must be able to supply on request the approved inspection body’s certificates of conformity referred to in the seventh subparagraph.
SECTION 4 - EC declaration of conformity
Article 12
(a) | the design and manufacturing schedule referred to in point 3 of Annex II in respect of which a certificate of adequacy has been drawn up; or |
(b) | an approved prototype. |
2. By the EC declaration of conformity procedure the manufacturer becomes subject to EC surveillance, in cases where the product of PS x V exceeds 200 bar.l.
The purpose of EC surveillance is to ensure, as required by the second paragraph of Article 14, that the manufacturer duly fulfils the obligations arising under Article 13(2). Surveillance shall be performed by the approved inspection body which issued the EC type-examination certificate referred to in the first subparagraph of Article 10(4) where the vessels have been manufactured in accordance with an approved prototype or, if this is not the case, by the approved body to which the design and manufacturing schedule was sent in accordance with Article 8(1)(a).
Article 13
2. The document referred to in paragraph 1 shall include:
(a) | a description of the means of manufacture and checking appropriate to the construction of the vessels; |
(b) | an inspection document describing the appropriate examinations and tests to be carried out during manufacture, together with the procedures in respect thereof and the frequency with which they are to be performed; |
(c) | an undertaking to carry out the examinations and tests in accordance with the inspection document referred to in point (b) and to have a hydrostatic test or, subject to the agreement of the Member State, a pneumatic test carried out on each vessel manufactured at a test pressure equal to 1,5 times the design pressure; those examinations and tests shall be carried out under the responsibility of qualified staff who are sufficiently independent from production personnel, and shall be the subject of a report; |
(d) | the addresses of the places of manufacture and storage and the date on which manufacture is to commence. |
3. When the product of PS x V exceeds 200 bar.l, manufacturers shall authorise access to the said places of manufacture and storage by the body responsible for EC surveillance, for inspection purposes, and shall allow that body to select sample vessels and shall provide it with all necessary information, and in particular:
(a) | the design and manufacturing schedule; |
(b) | the inspection report; |
(c) | the EC type-examination certificate or certificate of adequacy, where appropriate; |
(d) | a report on the examinations and tests carried out. |
Article 14
In addition, where the product of PS x V exceeds 200 bar.l, that body shall during manufacture:
(a) | ensure that the manufacturer actually checks series-produced vessels in accordance with Article 13(2)(c); |
(b) | take random samples at the places of manufacture or at the place of storage of vessels for inspection purposes. |
The approved inspection body shall supply the Member State which approved it and, on request, the other approved inspection bodies, the other Member States and the Commission, with a copy of the inspection report.
CHAPTER II - I
‘CE’ MARKING AND INSCRIPTIONS
Article 15
(a) | where a Member State establishes that the ‘CE’ marking has been affixed unduly, the manufacturer or his authorised representative established within the Community shall be obliged to make the product conform with the provisions concerning the ‘CE’ marking and to end the infringement under the conditions imposed by that Member State; |
(b) | where the non-conformity continues, the Member State must take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedure laid down in Article 7. |
Article 16
The ‘CE’ marking shall consist of the initials ‘CE’ in the form shown in the specimen in point 1.1 of Annex II. The ‘CE’ marking shall be followed by the identification number referred to in Article 9(1) of the approved inspection body responsible for ‘CE’ verifications or ‘CE’ surveillance.
2. The affixing on the vessels of markings which are likely to deceive third parties as to the meaning and form of the ‘CE’ marking shall be prohibited. Any other marking may be affixed to the vessels or the data plate provided that the visibility and legibility of the ‘CE’ marking are not thereby reduced.
CHAPTER IV - FINAL PROVISIONS
Article 17
Article 18
Article 19
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.