EN    EN EN  
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 18.9.2009 
COM(2009) 482 final 
2009/0131 (COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
of …. 
on transportable pressure equipment 
 
  
EN 2   EN EXPLANATORY MEMORANDUM  
1. C ONTEXT OF THE PROPOSAL  
The transport of pressure equipment, e. g. tanks, receptacles, drums and cylinders, constitutes 
an important area of the tran sport of dangerous goods.  
On 29 April 1999 the Council adopted a Direc tive on transportable pressure equipment 
(1999/36/EC, OJ L138 of 1/6/1999). This Directive ensures a high level of transport safety for 
transportable pressure equipment whilst a llowing their free movement and use on the 
European transport market through commo n norms for their design, construction and 
subsequent checks. 
For the technical requirements, the existing Directive 1999/36/EC refers to Directives 
94/55/EC and 96/49/EC, which have been repeal ed by Directive 2008/68/EC with effect of 1 
July 2009. Directive 2008/68/EC in corporates into Community legislation the requirements 
contained in international ag reements on transport of da ngerous goods by road (ADR: 
European Agreement concerning the Internatio nal Carriage of Dangerous Goods by Road ), 
rail (RID: Regulations concerning the International  Carriage of Dangerous Goods by Rail ) 
and inland waterways (ADN: European Agreement concerning th e International Carriage of 
Dangerous Goods by Inland Waterways ). 
As a result of these recent legislative deve lopments, which in turn reflect technical 
developments over the last 10 years, the European Union rules have become complicated and 
highly difficult to understand. In addition, on a number of t echnical issues the interplay 
between European and internati onal rules will lead to certai n contradictions which would 
make their application even more difficult. It  is therefore necessary to simplify the rules 
wherever possible by eliminating the contradi ctions and streamlining the rules. As a by-
product this will lead to a considerable reduc tion of the volume of the legislation which 
benefits users as well as national authoriti es which are called upon to ensure their full 
application. 
The second key objective of the proposal concerns the use of the equipment itself for transport 
operations in the internal market. Whereas th e existing Directive 1999/36/EC already ensures 
the equipment's free movement and use, recen t developments in Community legislation 
relating to the marketing of products on th e single European market, i.e. the " New Legislative 
Framework " Regulation No 765/2008/EC and Deci sion No 768/2008/EC, should be taken 
into account. The " New Legislative Framework " sets a general framework which should, 
wherever possible, be applied across all industrial  sectors. Its principles  are appropriate for the 
market of transportable pressure equipment a nd are therefore incorpor ated in this proposal. 
Such incorporation, whilst not introducing fundamental changes,  would contribute towards a 
key objective of the " New Legislative Framework " of harmonising market rules in as many 
industrial sectors as possible as well as simplify the use of such rules by industry. 
In view of these facts it is neces sary to revise Directive 1999/36/EC.  
EN 3   EN 2. C ONSULTATION OF INTERESTED PARTIES  
This proposal is the result of intensive consultations with the Member States and other 
interested parties. There is a general consen sus that a revision of Directive 1999/36/EC is 
warranted. 
The proposal focuses on a highly specified sect or using transportable pressure equipment for 
gases and a small number of othe r substances. Furthermore, issues  relating directly to safety, 
namely technical design, construction and te sting provisions, are not addressed by the 
proposal itself, but by international agreements. Therefore the general public consultation on 
the proposal was not extended to these aspects. 
3. L EGAL ELEMENTS OF THE PROPOSAL  
The proposed Directive is to be adopted by co decision by the European Parliament and the 
Council. It would replace an ex isting Council Directive. The lega l base of the proposal is 
Article 71of the Treaty. 
Subsidiarity principle 
Besides guaranteeing a high level of safety in  transport of dangerous goods, the proposed 
Directive also sets out rules for maintaining the already existing internal market for the 
equipment needed in the transport operations  by relying on general European principles 
specified in the so-called " New Legislative Framework " rules Regulation No 765/2008/EC 
and Decision No 768/2008/EC. Such an object ive cannot be achieved by national measures 
only. 
Proportionality principle 
As there is an existing Directive, the legislat ive bodies of the European Union have already 
deemed such a measure necessary and propor tional. This judgement appears well founded, 
since transportable pressure equipment is inhe rently dangerous, but they must be used for 
international transport of substances that ar e not locally available and yet are necessary, inter 
alia, for medical, scientific and industrial uses . Thus a European legislation guaranteeing a 
common level of safety and allowing efficient use of transportable pressure equipment is 
warranted. 
Choice of instrument 
The proposed measure is a Direc tive. Firstly, it would replace an already existing Directive. 
Secondly, the implementation of the measure allows Member St ates their own organisational 
choices. 
4. B UDGETARY IMPLICATIONS  
Given that the provisions of th e existing Directive on transpor table pressure equipment are 
already implemented, any further budge tary implications will be minor.   
EN 4   EN 5. S IMPLIFICATION  
The need for simplification and clarificati on is the main reason for the Commission to 
propose this revision. Neither the scope, nor the measures of the existing Directive will be changed in any substantial way. This also re sults in minimal budgetary and other economic 
impacts on administration and operators. 
As for the technical provisions, a central simplification objective is to remove conflicting 
issues between the existing Directive on Transp ortable Pressure Equipment and international 
rules on the transport of dangerous goods, in part icular since these rules have already been 
extended to Community legislat ion through Directive 2008/68/EC. 
The proposal simplifies existing provisions, in particular those relating to the modules on 
conformity assessment procedures. This dimens ion will be substantially streamlined and 
simplified in the proposal, which makes referen ce to the relevant international agreements. 
The technical rules and administrative procedures are more consistently presented in one source, i.e. in the internati onal agreements. The proposed Dir ective focuses on those issues 
that can be treated satisfactorily only through European legislation. 
As for making the equipment required for tran sport operations available on the market, the 
Community has recently adopted ru les relating to the marketing of products on the EU single 
market (" New Legislative Framework ") which should, wherever possible, be applied across 
all industrial sectors. By incorporating these ru les into the proposal for the specific sector of 
transportable pressure equipment the Commissi on will help to simplify the rules by not 
creating different, sector-specific rules where the general rules woul d serve the purpose.  
6. A
DDITIONAL INFORMATION  
Repeal of existing legislation The proposal will repeal Council Directive 1999/36/ EC and a number of obsolete Directives 
on pressure cylinders. 
Correlation table 
The Member States are required to communicat e to the Commission the text of national 
provisions transposing the direct ive as well as a correlation table between those provisions 
and this directive. 
European Economic Area 
The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 
Detailed explanation of the proposal 
Article 1: Scope 
The Article identifies safety and the integrity of  the internal market as key objectives and sets 
out the equipment to which the Directive applies.  
EN 5   EN Article 2: Definitions 
The Article defines a number of terms regardin g transportable pressure  equipment, actors and 
measures guaranteeing the safety of the equipment and its use on the internal market. Furthermore, the relevant terminology from th e "New Legislative Framework" is defined. 
Article 3: On-site requirements 
The Article details when additional requirements for transportable pressure equipment may be 
established . 
Article 4: Obligations of manufacturers  
The Article establishes the obligations of manu facturers of transportable pressure equipment 
in normal operation and in cases where there is a reason to believe that th e equipment is not in 
conformity with the rules. 
Article 5: Authorised representatives 
The Article specifies the steps to appoint an au thorised representative and the tasks for such a 
body. 
Article 6: Obligations of importers  
The Article establishes the obligations of impo rters of transportable pressure equipment in 
normal operations and in cases where there is r eason to believe that the equipment is not in 
conformity with the rules. 
Article 7: Obligations of distributors  
The Article establishes the obligations of distributors of transportable pressure equipment in 
normal operations and in cases where there is r eason to believe that the equipment is not in 
conformity with the rules. 
Article 8: Obligations of owners  
The Article establishes the obligations of owners of transportable pressure equipment. Given 
the inherent danger of such equipment there need s to be formal obligat ions for guaranteeing 
continuing safety as long as the transpor table pressure equipment is being used. 
Article 9: Obligations of operators  
The Articles ensures that operators  use only equipment that is in  conformity with the rules. 
Where the transportable pressure equipment pr esents a risk the operator shall inform the 
owner and market surveillance authorities.  
Article 10: Cases in which obligations of manufacturers apply to importers and distributors 
The Article specifies the cases when the importers or distributors shall have the obligations of 
the manufacturer, namely when they place transportable pressure equipment on the market. 
Article 11: Identificatio n of economic operators  
EN 6   EN The Article lays down the obligatio ns relating to identification of  actors in the supply chain of 
transportable pressure equipment. 
Article 12: Conformity of the transport able pressure equipment and its assessment 
The Article defines the necessary conformity assessment requirements for new transportable 
pressure equipment and for transportable pressu re equipment previously assessed and marked 
under Directive 1999/36/EC and old cylinder dire ctives. The Article also ensures that 
conformity assessments, reassessments, periodic  inspections and exceptional checks shall be 
valid in all Member States. 
Article 13: Reassessment of conformity  
The Article provides for the reassessment of conformity of old transportable pressure 
equipment not previously assessed under Dir ective 1999/36/EC to bring it under the scope of 
this Directive.  
Article 14: General princi ples of the Pi marking 
The Article specifies the relevance of the Pi marking, when a Pi marking can be affixed, the 
responsibilities relating to the a ffixing of the marking and provisi ons to prohibit the misuse of 
the marking. 
Article 15: Rules and conditions for the affixing of the Pi marking 
The Article lays down the rules regarding the Pi  marking itself, includi ng its shape, size and 
the auxiliary markings  of the inspection body. 
Article 16: Free movement of the transportable pressure equipment 
The Article provides for the free movement of  transportable pressure equipment in the 
European Union.  
Article 17: Notifying authorities 
The Article lays down the procedures and re sponsibilities regardi ng notifying authorities. 
Article 18: Requirements rela ting to notifying authorities 
The Article defines the conditions for guara nteeing the proper functioning of notifying 
authorities. 
Article 19: Information obligat ion for the notifying authorities 
The Article ensures the transparency of asse ssment, notification and monitoring of notified 
bodies. 
Article 20: General requiremen ts relating to notified bodies 
The Article sets out requirements relating to th e capabilities of the body to  carry out the tasks.  
Articles 21, 22, 23, 24 and 25: Procedures rela ting to notified bodies and notification  
EN 7   EN These Articles define the appl ication and procedures for notifications, identification of 
notified bodies, subsequent changes to notificati ons and course of action in cases where there 
is doubt over the capacity of a notified body. 
Article 26: Operational obli gations for notified bodies 
The Article sets out operational obligations for the notified bodies including mutual 
recognition of those bodies.  
Article 27: Information obli gations for notified bodies 
The Article sets out informati on obligations for the notified bodi es including where there has 
been a refusal or withdrawal of certificates.  
Article 28 and 29: Cooperation between notified bodies 
These Articles provide for an  exchange of experience and coordination among authorities 
responsible for notification policy, ma rket surveillance and notified bodies. 
Article 30, 31, 32 and 33: Safeguard procedures 
These Articles lay down the procedures for dea ling with safety and ot her risks, including 
formal issues, at nationa l and Community levels.  
Article 34: Transitional provisions 
The Article provides for transitional meas ures through Annex II of the proposal.  
Article 35: Adaptations 
Any adaptations of the annexes for technical an d scientific progress wi ll take place through 
the regulatory pro cedure with scrutiny. 
Article 36: Committee 
The Committee set up under the Directive on  the inland transport of dangerous goods 
(2008/68/EC) will be used for the purposes of this Directive. 
Article 37: Repeal 
The existing Directive 1999/36/EC as well as a number of obsolete directives on pressure 
cylinders will be repealed 
Article 38: Recogniti on of equivalence 
The Article provides for recognition of EEC  pattern approvals issued under obsolete 
directives on pressure cylinders and for va lves and accessories marked according to the 
Pressure equipment directive.  
Article 39: Transposition 
The standard approach on transposition is foll owed. The Member States shall implement the 
Directive by 30 June 2011, when the transitory  period contained in the international  
EN 8   EN agreements on transport of dangerous goods ends, to avoid conflict with the existing Directive 
1999/36/EC. 
A delay in the application of the Directive fo r equipment used by some dangerous goods is 
provided for in order to give a reasonable peri od for compliance as they  were not previously 
under the scope of Directive 1999/36/EC.  
Article 40: Entry into force 
The Directive will enter into force on the twentieth day following its publication in the 
Official Journal.  
Article 41: Addressees 
The Directive is addressed to the Member States.  
EN 9   EN 2009/0131 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
of …. 
on transportable pressure equipment 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
71 thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the Eu ropean Economic and Social Committee2, 
Having regard to the opinion of  the Committee of the Regions3, 
Acting in accordance with the proc edure in Article 251 of the Treaty4, 
Whereas: (1) Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment
5 
was adopted as a first step towards enha ncing transport safety for transportable 
pressure equipment, whilst ensuring the fr ee movement of transportable pressure 
equipment in a single transport market. 
(2) In the light of developments in transport safety, it is necessary to update certain 
technical provisions of  Directive 1999/36/EC. 
(3) Directive 2008/68/EC of the European Pa rliament and of the Council of 24 September 
2008 on the inland transport of dangerous goods6 extended the application of the 
provisions of certain international agreemen ts to cover national traffic in order to 
harmonise the conditions under which dange rous goods are transp orted by road, rail 
and inland waterways across the Community. 
(4) It is therefore necessary  to update the provisions of Directive 1999/36/EC accordingly 
to avoid conflicting rules, in particular as regards conformity requirements, conformity 
                                                 
1 OJ C , , p. . 
2 OJ C , , p. . 
3 OJ C , , p. . 
4 OJ C , , p. . 
5 OJ L 138, 1.6.1999, p. 20. 
6 OJ L 260, 30.9.2008, p. 13.  
EN 10   EN assessment and conformity assessment procedur es in relation to transportable pressure 
equipment.  
(5) In order to enhance safety with regard to transportable pressure equipment approved 
for the inland transport of  dangerous goods and to en sure the free movement, 
including placing on the mark et, making available on the market and use of such 
transportable pressure equipment within th e Community, it is necessary to lay down 
detailed rules concerning th e obligations of the various operators and the requirements 
to be fulfilled by the equipment concerned. 
(6) Decision No. 768/2008/EC of the European Parliament and of the Council of 9 July 
2008 on a common framework for the marketing of products7 constitutes a general 
framework of a horizontal natu re for future legislation harmonising the conditions for 
the marketing of products. This framewor k should apply where appropriate for the 
transportable pressure equipment sector in line with the objectiv e of harmonising rules 
on the free movement of products.  
(7) In order not to hinder tran sport operations between Member  States and third countries, 
this Directive should not appl y to transportable pressure equipment exclusively used 
for the transport of dangerous  goods between the territory of the Community and that 
of third countries. 
(8) The obligations of the different economic operators, including owne rs and operators of 
transportable pressure equipment, should be cl early defined in the interests of transport 
safety and the free movement of transportable pressure equipment. 
(9) Economic operators should be responsible for the compliance of tr ansportable pressure 
equipment with the safety and market access rules in relation to their respective roles 
in the supply chain. 
(10) Compliance of new transportable pressure  equipment with the technical requirements 
of the Annexes to Directive 2008/68/EC a nd this Directive shoul d be shown by means 
of a conformity assessment to provide evidence that the transportable pressure 
equipment is safe.  
(11) Periodic inspections and exceptional ch ecks of transportable pressure equipment 
should be carried out in accordance with the Annexes to Directive 2008/68/EC and with this Directive to ensure continued co mpliance with their safety requirements.  
(12) Transportable pressure equipment should bear a mark indicati ng its compliance with 
Directive 2008/68/EC and this  Directive to ensure its free movement and use.  
(13) Existing transportable pressure equipment not previously assessed for conformity with 
Directive 1999/36/EC should be reassessed a nd marked according to the provisions of 
this Directive in order to demonstrate its compliance with safety requirements and ensure free movement and use.  
                                                
 
7 OJ L 218, 13.8.2008, p. 82.  
EN 11   EN (14) It is necessary to set requirements fo r authorities responsible for the assessment, 
notification and monitoring of notified bodies in order to en sure a consistent level of 
quality in the performa nce of notified bodies.  
(15) The conformity assessment procedures provided for in the Annexes to Directive 
2008/68 and in this Directive require the in tervention of inspection bodies setting out 
detailed operational requirements to ensure  a uniform level of performance throughout 
the Community. These inspection bodies should  then be notified by the Member States 
to the Commission.  
(16) The notifying authority should retain responsibility fo r monitoring the notified body 
regardless of where the notified body performs its activities in order to ensure clear responsibility for ongoing monitoring.  
(17) It is necessary to lay down common rule s for the mutual recogn ition of notified bodies 
which ensure compliance with Directive 2008/68/EC and this Directive. Those 
common rules will have the effect of elim inating unnecessary costs and administrative 
procedures related to the a pproval of the equipment a nd of eliminating technical 
barriers to trade; 
(18) Member States should be able to take measures to limit or prohibit the placing on the 
market and use of equipment in cases where it presents a risk to safety in certain 
specified circumstances. 
(19) The measures necessary for the implementa tion of this Directive should be adopted in 
accordance with Council Decision 1999/468/ EC of 28 June 1999 laying down the 
procedures for the exercise of impl ementing powers conferred on the Commission
8. 
(20) In particular the Commission should be empowered to adapt the Annexes to scientific 
and technical progress. Since those measures  are of general scope and are designed to 
amend non-essential elements of this Directive, inter alia,  by supplementing it with 
new non-essential elements, they must be a dopted in accordance w ith the re gulatory 
procedure with scrutiny provided for in  Article 5a of Decision 1999/468/EC. 
(21) Council Directive 76/767/EEC  of 27 July 1976 on the approximation of the laws of the 
Member States relating to common provision s for pressure vessels and methods for 
inspecting them9, Council Directive 84/525/EE C of 17 September 1984 on the 
approximation of the laws of the Member States relating to seamless, steel gas 
cylinders10, Council Directive 84/526/EEC of 17 September 1984 on the 
approximation of the laws of the Member States relating to seamless, unalloyed 
aluminium and aluminium alloy gas cylinders11, Council Directive 84/527/EEC of 17 
September 1984 on the approximation of the laws of the Member States relating to welded unalloyed steel gas cylinders
12 and Directive 1999/36/EC have become 
obsolete and should therefore be repealed, 
                                                 
8 OJ L184, 17.7.1999, p. 23. 
9 OJ L 262, 27.9.1976, p. 153. 
10 OJ L 300, 19.11.1984, p. 1. 
11 OJ L 300, 19.11.1984, p. 20. 
12 OJ L 300, 19.11.1984, p. 48  
EN 12   EN HAVE ADOPTED THIS DIRECTIVE: 
Chapter 1 
Scope and definitions 
Article 1 
 
Scope 
1. This Directive sets out detailed rules c oncerning transportable pressure equipment to 
enhance safety and ensure free movement of  such equipment within the Community.  
2. This Directive shall apply to: (a) new transportable pressure equipment as defined in Article 2(1), which does not bear 
the conformity markings provided fo r in Directives 84/525/EEC, 84/526/EEC, 
84/527/EEC or 99/36/EC, for the purpose of making them available on the market; 
(b) transportable pressure equipment as defi ned in Article 2(1), bearing the conformity 
markings provided for in this Directive or in Directives 84/525/EEC, 84/526/EEC, 84/527/EEC or 99/36/EC, for the purposes of their periodic inspections, exceptional 
checks and use; 
(c) transportable pressure equipment as defi ned in Article 2(1), wh ich does not bear the 
conformity markings provided for in Directive 99/36/EC, for the purposes of 
reassessment of conformity. 
3. This Directive shall not apply to transpor table pressure equipment which was placed 
on the market before the date of implem entation of Directive 1999/36/EC and which 
has not been subject to a reassessment of conformity. 
4. This Directive shall not apply to transpor table pressure equipment used exclusively 
for the transport of dangerous goods betw een Member States and third countries, 
carried out in accordance with Ar ticle 4 of Directive 2008/68/EC. 
Article 2 
 
Definitions
 
For the purposes of this Directive the following definitions shall apply: 
1. "transportable pressure equipment" means (a) all pressure receptacles, their valves and other accessories when appropriate, as 
defined in chapter 6.2 of the Annexes to Directive 2008/68/EC, 
(b) tanks, battery vehicles/wagons, multiple-e lement gas containers (MEGCs), their 
valves and other accessories when appropr iate, as defined in chapter 6.8 of the 
Annexes to Directive 2008/68/EC,  
EN 13   EN when the equipment under (a) or (b) is us ed in accordance with  those Annexes for 
the transport of Class 2 gases, excluding gase s or articles with figures 6 and 7 in the 
classification code, and for th e transport of the dangerous substances of other classes 
specified in Annex I to this Directive; 
2. "Annexes to Directive 2008/68" means Annex I, Section I.1, Annex II, Section II.1, 
and Annex III, Section III.1 to Directive 2008/68/EC; 
3. “placing on the market” means the first ma king available of tr ansportable pressure 
equipment on the Community market; 
4. “making available on the market” means any supply of transportable pressure 
equipment for distribution or use on the Community market in the course of a 
commercial or public service activity, whet her in return for payment or free of 
charge; 
5. "use" means filling, temporary storage linke d to carriage, emptying and refilling of 
transportable pressure equipment; 
6. “withdrawal” means any measure aimed at preventing transportable pressure 
equipment from being made available on the market or from being used; 
7. “recall” means any measure aimed at achievi ng the return of tr ansportable pressure 
equipment that has already been made available to the end user ; 
8. “manufacturer” means any natural or le gal person who manufact ures transportable 
pressure equipment, or parts thereof, or who has such equipment designed or 
manufactured and markets it under his name or trademark; 
9. “authorised representative” means any natura l or legal person established within the 
Community who has received a written manda te from the manufacturer to act on his 
behalf in relation to specified tasks; 
10. “importer” means any natural or legal person established w ithin the Community, 
who places transportable pressure equipment or parts thereof from a third country on 
the Community market; 
11. “distributor” means any natural or lega l person established w ithin the Community, 
other than the manufac turer or the importer,  who makes transportable pressure 
equipment or parts thereof available on the market; 
12. "owner" means any natural or legal pers on established within the Community which 
owns transportable pressure equipment; 
13. "operator" means any natural or legal pe rson established in the Community using 
transportable pressure equipment; 
14. “economic operators” means the manufactur er, the authorised representative, the 
importer, the distributor, the owner or th e operator acting in the course of a 
commercial activity, whether in return  for payment or free of charge;  
EN 14   EN 15. “conformity assessment” means the assessment and the procedure for the assessment 
of conformity set out in the Annexes to Directive 2008/68/EC; 
16. “Pi marking” means a marking which indi cates that the tran sportable pressure 
equipment is in conformity with the applicable conformity assessment requirements set out in the Annexes to Directiv e 2008/68/EC and in this Directive; 
17. "reassessment of conformity" means the pr ocedure undertaken, at the request of the 
owner, for the subsequent assessment of th e conformity of transportable pressure 
equipment manufactured and placed on the ma rket before the date of implementation 
of Directive 1999/36/EC; 
18. "periodic inspection" means the periodic inspection and the procedures governing the 
periodic inspection as set out in the Annexes to Directive 2008/68/EC; 
19. "exceptional check" means the exceptional check and the procedures governing the 
exceptional check set ou t in the Annexes to Directive 2008/68/EC;  
20. “national accreditation body” means the so le body in a Member State that performs 
accreditation with authority derived from the State; 
21. “accreditation” means an attestation by a national accreditation body that a notified 
body meets the requirements set out in the second paragraph of 1.8.6.4 of the 
Annexes to Directive 2008/68/EC;  
22. "notifying authority" means the authority designated by a Member State pursuant to 
Article 17; 
23. "notified body" means an  inspection body meeting the requirements set out in 
Annexes to Directive 2008/68/EC and the c onditions set out in Articles 20 and 26 
and notified in accordance with Ar ticle 22 of this Directive;  
24. "notification" is the process of awar ding notified body status to an inspection body 
and includes communication of this info rmation to the Comm ission and to the 
Member States; 
25. "market surveillance" mean s the activities carried out and measures taken by public 
authorities to ensure that transportabl e pressure equipment during its life cycle 
complies with the requirements set out in  Directive 2008/68/EC and this Directive 
and does not endanger health, safety or any ot her aspect of public interest protection; 
Transportable pressure equipment shall be understood as including gas cartridges (UN No. 
2037) and excluding aerosols ( UN No. 1950), open cryogenic recep tacles, gas cylinders for 
breathing apparatus, fire ex tinguishers (UN No. 1044), transp ortable pressure equipment 
exempted according to 1.1.3.2 of the Annexes to Directive 2008/68/EC and transportable 
pressure equipment exempted from the rule s for construction and testing of packaging 
according to special provisions in 3.3 of  the Annexes to Directive 2008/68/EC.  
EN 15   EN Article 3 
 
On-site requirements 
Member States may on their territo ry establish on-site requirements for the mid- or long-term 
storage or the on-site use of transportable pre ssure equipment. However, Member States shall 
not establish additional require ments for the transportable pressure equipment itself.  
Chapter 2 
Obligations of Economic Operators 
Article 4 
 
Obligations of manufacturers 
1. When placing their transportable pressure  equipment on the market, manufacturers 
shall ensure that the equipment has been designed, manufactured and documented in 
accordance with the requirements set out in the Annexes to Directive 2008/68/EC 
and in this Directive. 
2. Where the compliance of the transportable pressure equipment with the applicable 
requirements has been demonstrated thr ough the conformity assessment process set 
out in the Annexes to Directive 2008/68/EC  and in this Directive, manufacturers 
shall affix the Pi marking in accordance with Article 15. 
3. Manufacturers shall keep the technical doc umentation specified in the Annexes to 
Directive 2008/68/EC. This documentation sh all be kept for the period specified 
therein.  
4. Manufacturers who consider or have reason to believe that transportable pressure 
equipment which they have placed on the ma rket is not in conformity with the 
Annexes to Directive 2008/68/EC and with th is Directive shall immediately take the 
necessary corrective measures to bring th e transportable pressure equipment into 
conformity, to withdraw it or to recall it , if appropriate. Furthermore, where the 
transportable pressure equipment presen ts a risk, manufactur ers shall immediately 
inform the competent national authorities of the Member States in which they made the transportable pressure equipment availa ble to that effect, giving details, in 
particular, of the non-compliance and of any corrective measures taken. 
5. Manufacturers shall document all such in stances of non-compliances and corrective 
measures. 
6. Manufacturers shall, further to a reas oned request from the competent national 
authority, provide it with all the information and documentation necessary to demonstrate the conformity of the transpor table pressure equipment, in a language 
easily understood by that authority. They shal l cooperate with that  authority, at its 
request, on any action taken to eliminate th e risks posed by transportable pressure 
equipment which they have placed on the market.  
EN 16   EN 7. Manufacturers shall only pr ovide information to operators which complies with the 
Annexes to Directive 2008/68/EC  and with this Directive. 
Article 5 
 
Authorised representatives 
1. Manufacturers may, by a written mandate, appoint an authorised representative . 
The obligations set out in Article 4(1) a nd the drawing up of t echnical documentation 
shall not form part of the aut horised representative's mandate. 
2. An authorised representative shall pe rform the tasks specified in the mandate 
received from the manufacturer. The mandate shall allow the authorised representative to do at  least the following: 
(a) keep the technical documentation at the di sposal of national surveillance authorities 
for at least 20 years from the date of manufacture of the tran sportable pressure 
equipment; 
(b) further to a reasoned request from a competent national authority, provide that 
authority with all the information and documentation necessary to demonstrate the conformity of the transpor table pressure equipment in  a language easily understood 
by that authority ; 
(c) cooperate with the competent national authorities, at thei r request, on any action 
taken to eliminate the risks posed by tran sportable pressure equipment covered by 
their mandate. 
3. The identity and address of  the authorised representative shall be indicated on the 
certificate of conformity specified in  the Annexes to Directive 2008/68/EC. 
4. Authorised representatives shall only provide information to operators which 
complies with the Annexes to Directiv e 2008/68/EC and with this Directive. 
Article 6 
 
Obligations of importers 
1. Importers shall only place on the Commun ity market transportable pressure 
equipment which is in conformity with the Annexes to Dir ective 2008/68/EC and 
with this Directive.  
2. Before placing transportable pressure equipment on the market, importers shall 
ensure that the appropriate conformity asse ssment procedure has been carried out by 
the manufacturer. They shall ensure that the manufacturer has drawn up the technical 
documentation and that the transportable pr essure equipment bears the Pi marking 
and is accompanied by the cer tificate of conformity spec ified in the Annexes to 
Directive 2008/68/EC.   
EN 17   EN Where an importer considers or has reason to  believe that the transportable pressure 
equipment is not in conformity with the Annexes to Directive 2008/68/EC or with 
this Directive, he shall no t place the transportable pressu re equipment on the market 
until it has been brought into conformity . Furthermore, where the transportable 
pressure equipment presents a risk, the importer shall inform the manufacturer and 
the market surveillance aut horities to that effect. 
3. Importers shall indicate their name and th e address at which they can be contacted 
either in, or attached to, th e certificate of conformity specified in the Annexes to 
Directive 2008/68/EC. 
4. Importers shall ensure that, while transp ortable pressure equipment is under their 
responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in the Annexes to Directive 2008/68/EC.  
5. Importers who consider or have reason to believe that tran sportable pressure 
equipment which they have placed on the ma rket is not in conformity with the 
Annexes to Directive 2008/68/EC  or with this Directive shall immediately take the 
corrective measures necessary to bring th e transportable pressure equipment into 
conformity, to withdraw it or to recall it , if appropriate. Furthermore, where the 
transportable pressure equipment presents a risk, importers shall immediately inform 
the manufacturer and the competent national authorities of the Member States in 
which they made the transportable pressure equipment available to that effect, giving 
details, in particular, of the non-complia nce and of any corrective measures taken. 
Importers shall document all such inst ances of non-complian ces and corrective 
measures. 
6. Importers shall, for at least 20 years fr om the date of the manufacture of the 
transportable pressure equipment, keep a copy of the technical documentation at the 
disposal of the market surveillance aut horities and ensure that the technical 
documentation can be made available to those authori ties upon request. 
7. Importers shall, further to a reasoned re quest from the competent national authority, 
provide it with all the in formation and documentation ne cessary to demonstrate the 
conformity of the transporta ble pressure equipment, in a language easily understood 
by that authority. They shall cooperate with  that authority, at its request, on any 
action taken to eliminate the risks posed by transportable pressure equipment which 
they have placed on the market. 
8. Importers shall only provide information to operators which complies with the 
Annexes to Directive 2008/68/EC  and with this Directive. 
Article 7 
 
Obligations of distributors
 
1. Distributors shall only make availabl e on the Community market transportable 
pressure equipment which is in conformity with the Annexes to Directive 
2008/68/EC and with this Directive. Before  making transportable pressure equipment 
available on the market distributors shall verify that the transportable pressure  
EN 18   EN equipment bears the Pi marking, that it is accompanied by th e certificate of 
conformity and the contact addre ss referred to in Article 6(3). 
Where a distributor considers or has reason to believe that transportable pressure 
equipment is not in conformity with th e Annexes to Directive 2008/68/EC or this 
Directive, he shall not make the transportable pressure equipment available on the market until it has been brought into conformity. Furthermore, where the 
transportable pressure equipment presents a risk, the distributor shall inform the manufacturer or the importer to that e ffect as well as the market surveillance 
authorities. 
2. Distributors shall ensure that, while tran sportable pressure equipment is under their 
responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in th e Annexes to Directive 2008/68/EC. 
3. Distributors who consider or have reas on to believe that transportable pressure 
equipment which they have made available on  the market is not in conformity with 
the Annexes to Directive 2008/68/EC or with this Directive shall make sure that the 
corrective measures necessary to bring that  transportable pressure equipment into 
conformity, to withdraw it or to recall it,  if appropriate, are taken. Furthermore, 
where the transportable pressure equipmen t presents a risk, distributors shall 
immediately inform the manufacturer, th e importer, where relevant, and the 
competent national authorities of the Member States in which they made the transportable pressure equipment available to  that effect, giving de tails, in particular, 
of the non-compliance and of a ny corrective measures taken. 
Distributors shall document  all such instances of non- compliances and corrective 
measures. 
4. Distributors shall, further to a reas oned request from the competent national 
authority, provide it with all the information and documentation necessary to demonstrate the conformity of the transp ortable pressure equipment in a language 
easily understood by that authority. They shal l cooperate with that  authority, at its 
request, on any action taken to eliminate th e risks posed by transportable pressure 
equipment which they have made available on the market. 
5. Distributors shall only provide informa tion to operators which complies with the 
Annexes to Directive 2008/68/EC  and with this Directive. 
Article 8 
 
Obligations of owners 
1. Where an owner considers or has reason to believe that transportable pressure 
equipment is not in conformity with th e Annexes to Directive 2008/68/EC, including 
the requirements for periodic inspection, and with this Dire ctive, he shall not make 
available or use it until it has been brought into conformity. Furthermore, where the 
transportable pressure equipment presents a risk, the owner shall inform the manufacturer or the importer or the distributor to that effect as well as the market 
surveillance authorities.  
EN 19   EN Owners shall document all such instan ces of non-compliances and corrective 
measures. 
2. Owners shall ensure that, while transportable pressure  equipment is under their 
responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in th e Annexes to Directive 2008/68/EC. 
3. Owners shall only provide information to operators which complies with the 
Annexes to Directive 2008/68/EC  and with this Directive. 
Article 9  
 
Obligations of operators 
1. Operators shall only use transportable pre ssure equipment which is in conformity 
with the requirements set out in the A nnexes to Directive 2008/68/EC and in this 
Directive. 
2. Where the transportable pressure equipment presents a risk, the operator shall inform 
the owner to that effect as well as the market surveillance authorities.  
Article 10 
 
Cases in which obligations of manufac turers apply to impor ters and distributors 
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Directive and subject to the obligations of th e manufacturer under Artic le 4, where he places 
transportable pressure equipment on the market  under his name or trademark or modifies 
transportable pressure equipment already placed on the market in such a way that compliance 
with the applicable requi rements may be affected. 
Article 11 
 
Identification of economic operators 
Economic operators shall, on re quest from the market survei llance authorit y, identify the 
following to it for the period specified in the Annexes to Directive 2008/68/EC  
(a) any economic operator who has supplie d them with transportable pressure 
equipment; 
(b) any economic operator to whom they have supplied transportable pressure 
equipment.  
EN 20   EN Chapter 3 
Conformity of transportable pressure equipment 
Article 12 
 
Conformity of the transportable pr essure equipment and its assessment 
1. The transportable pressure equipment referr ed to in Article 1(2) (a) shall meet the 
relevant conformity assessment, periodic inspection and exceptional checks requirements set out in the Annexes to Di rective 2008/68/EC and Chapters 3 and 4 of 
this Directive. 
2. The transportable pressure equipment referred to in Article 1(2) (b) shall meet the 
specifications of the documentation acco rding to which the equipment was 
manufactured. The equipment shall be subject to periodic inspections and 
exceptional checks and the requirements of Chapters 3 and 4 of this Directive. 
3. Certificates of conformity assessment a nd certificates of reasse ssment of conformity 
and reports of periodic inspections and ex ceptional checks issued by a notified body 
shall be valid in all Member States. 
For demountable parts of tr ansportable pressure equipm ent a separate conformity 
assessment may be carried out. 
Article 13 
 
Reassessment of conformity 
The reassessment of conformity of transportabl e pressure equipment referred to in Article 1 
(2) (c) manufactured and put in to service before the date of implementation of Directive 
1999/36/EC shall be established in accordance w ith the conformity reassessment procedure 
set out in Annex III. 
The Pi marking shall be affixe d in accordance with Annex III. 
Article 14 
 
General principles of the Pi marking 
1. The Pi marking shall only be affixed by th e manufacturer or, in cases of reassessment 
of conformity, as set out in Annex III. Fo r gas cylinders previously in compliance 
with Directives 84/525/EEC, 84/526/EEC and 84/527/EEC the Pi mark shall be affixed by or under the surv eillance of the notified body. 
2. The Pi marking shall be affixed only to transportable pressure equipment: 
(a) which meets the conformity assessment requirements in the Annexes to Directive 
2008/68/EC and in this Directive, or  
EN 21   EN (b) which meets the reassessment of conform ity requirements referred to in Article 13,  
It shall not be affixed to any othe r transportable pressure equipment. 
3. By affixing or having affixed the Pi marki ng, the manufacturer indi cates that he takes 
responsibility for the conformity of the tr ansportable pressure equipment with all 
applicable requirements set out in the Annexes to Directive 2008/68/EC and in this Directive.  
4. For the purposes of this Directive, the Pi marking shall be the only marking which 
attests conformity of the transportable pressure equipment with the applicable 
requirements set out in the Annexes to Di rective 2008/68/EC and in  this Directive. 
5. The affixing on transportable pressure equi pment of markings, signs and inscriptions 
which are likely to mislead third parties as to the meaning or form  of the Pi marking, 
shall be prohibited. Any other marking shall be affixed to the transportable pressure 
equipment in such a way that the visibilit y, legibility and meani ng of the Pi marking 
is not thereby impaired. 
6. Demountable parts with a direct sa fety function shall be Pi-marked.  
7. Member States shall ensure correct im plementation of the rules governing the Pi 
marking and shall take appropriate actio n in the event of improper use of the 
marking. Member States shall also provide for penalties for infringements, which 
may include criminal sanctions for serious infringements. Those penalties shall be 
proportionate to the seriousness of the offen ce and constitute an effective deterrent 
against improper use. 
Article 15 
 
Rules and conditions for the affixing of the Pi marking 
1. The Pi marking shall consist of the following symbol in the following form: 
  
EN 22   EN 2. The minimum height of the Pi marking sh all be 5 mm. For tran sportable pressure 
equipment with a diameter less than or e qual to 140 mm the mini mum height shall be 
2.5 mm. 
3. The proportions given in the graduated drawing in paragraph 1 shall be respected. 
The grid does not form part of the marking. 
4. The Pi marking shall be affixed visibly, le gibly and permanently to the transportable 
pressure equipment or to its data plat e as well as to demountable parts of 
transportable pressure equipment having a direct safety function.  
5. The Pi marking shall be affixed before th e new transportable pressure equipment or 
demountable parts of transportable pres sure equipment having a direct safety 
function are placed on the market.  
6. The Pi marking shall be followed by th e identification number of the notified body 
involved in the initial inspections and tests. 
The identification number of the notified body shall be affixed by the body itself, or 
under its instructions, by the manufacturer. 
7. The marking of the date of the peri odic inspection shall be followed by the 
identification number of th e notified body responsible for the periodic inspection.  
8. With regard to gas cylinde rs previously in compliance with Directives 84/525/EEC, 
84/526/EEC and 84/527/EEC not b earing the Pi marking, wh en the first periodic 
inspection is carried out in accordance with this Directive, the identification number 
of the notified body responsible shall be preceded by the Pi marking. 
Article 16 
 
Free movement of transportable pressure equipment 
Without prejudice to the safeguard  procedures in Articles 30 a nd 31 of this Directive and to 
the market surveillance framework set out in  Regulation (EC) No 765/2008, no Member State 
shall prohibit, restrict or im pede on its territory the free mo vement, making available on the 
market and use of transportable pressure equi pment, which complies with this Directive.  
Chapter 4 
Notifying authorities and notified bodies 
Article 17 
 
Notifying authorities 
1. Member States shall designa te a notifying authority that  shall be responsible for 
setting up and carrying out th e necessary procedures for the assessment, notification 
and subsequent monitoring of notified bodies.  
EN 23   EN 2. Member States may decide that the assessment and monitoring referred to in 
paragraph 1 shall be carried out by a nati onal accreditation body within the meaning 
of and in accordance with Regulation (EC) No 765/2008. 
3. Where the notifying authority delegates or otherwise entrusts the monitoring referred 
to in paragraph 1 to a body which is not a governmental entity, that body shall be a 
legal entity and shall comply mutatis mu tandis with the requirements set out in 
Article 18(1) to (6). In addition the entr usted body shall have arrangements to cover 
liabilities arising out of its activities. 
4. The notifying authority shall take full re sponsibility for the tasks performed by the 
body referred to in paragraph 3. 
Article 18 
 
Requirements relating to notifying authorities 
1. The notifying authority shall be established in such a way that no conflicts of interest 
with notified bodies occur. 
2. The notifying authority shal l be organised and operated s o  a s  t o  s a f e g u a r d  t h e  
objectivity and impartiality of its activities. 
3. The notifying authority shall be organised in such a way that each decision relating 
to notification of the notified bodies is taken by competent persons different from 
those who carried out the assessment. 
4. The notifying authority shall not offer or  provide any activit ies or consultancy 
services on a commercial or competitive basis that notified bodies perform. 
5. The notifying authority shall safeguard the confidentiality of the information 
obtained. 
6. The notifying authority shall have a suffi cient number of competent personnel at its 
disposal for the proper performance of its tasks. 
Article 19 
 
Information obligation fo r the notifying authorities 
Member States shall inform the Commission of their national procedures for the assessment, 
notification and monitoring of notified bodies, and of any changes to that information.  
The Commission shall make that information publicly available.  
EN 24   EN Article 20 
 
General requirements re lating to notified bodies 
1. For the purposes of notification, a notified body shall meet the requirements set out 
in the Annexes to Directive 2008/ 68/EC and in th is Directive. 
2. A competent authority, within the meani ng of the Annexes to Directive 2008/68/EC 
may be a notified body provided it meets the requirements set out in the Annexes to 
Directive 2008/68/EC and in this Directiv e and that it does not also act as the 
notifying authority. 
3. The notified body shall be established under national law and have  legal personality. 
4. The notified body shall participate in, or ensure that its assessment personnel is 
informed of, the relevant standardisation activities and the activities of the notified 
body co-ordination group estab lished pursuant to Article 29 and apply as general 
guidance the administrative decisions and doc uments produced as a result of the 
work of that group. 
Article 21 
 
Application for notified body status 
1. An inspection body shall submit an appli cation for notification to the notifying 
authority of the Member State in which it is established. 
2. The application shall be acco mpanied by a description of  
(a) the activities relating to conformity assessment and reassessment of conformity; (b) the procedures relating to a) above including periodic inspection, exceptional checks 
and reassessment of conformity; 
(c) the transportable pressure equipment for which the body claims to be competent; (d) an accreditation certifi cate issued by a national acc reditation body within the 
meaning of Regulation (EC) No 765/2008, attesting that the inspection body fulfils 
the requirements set out in Article 20 of this Directive. 
Article 22 
 
Notification procedure 
1. Notifying authorities shall notify only those bodies which ha ve satisfied the 
requirements set out in Article 20. 
2. They shall notify the Commission and the ot her Member States us ing the electronic 
tool developed and managed by the Commission.  
EN 25   EN 3. The notification shall include full detail s of the conformity assessment, periodic 
inspection and exceptional check activities, the procedures used, the transportable 
pressure equipment concerned and the relevant attestation of competence. 
4. The body concerned may perform the activ ities of a notified body only where no 
objections are raised by the Commission or  the other Member States within two 
weeks of a notification.  
Only such a body shall be considered a notified body for the purposes of this 
Directive. 
5. The Commission and the othe r Member States shall be notified of any subsequent 
relevant changes to the notification. 
6. In–house inspection services as defined in the Annexes to Directive 2008/68/EC 
shall not be notified. 
Article 23 
 
Identification numbers and lists of notified bodies 
1. The Commission shall assign an iden tification number to a notified body. 
It shall assign a single such  number even where the body is notified under several 
Community acts. 
2. The Commission shall make publicly avai lable the list of th e bodies notified under 
this Directive, including the identification numbers that have been allocated to them 
and the activities for which they have been notified. 
The Commission shall ensure that that list is kept up to date. 
Article 24 
 
Changes to the notification 
1. Where a notifying authority has ascertained or has been informed that a notified body 
no longer meets the requirements set out in Ar ticle 20, or that it is failing to fulfil its 
obligations, the notifying aut hority shall restrict, suspend or withdraw no tification, as 
appropriate, depending on the seriousness of the failure to meet those requirements 
or fulfil those obligations. It shall immediately inform the Commission and the other Member States accordingly. 
2. In the event of withdrawal, restriction or suspension of notification or where the 
notified body has ceased its activity, the notifying Member State shall take the appropriate steps to ensure that the files of that body ar e either processed by another 
notified body or kept available for the re sponsible notifying and market surveillance 
authorities on request.  
EN 26   EN Article 25 
 
Challenge of the competence of notified bodies 
1. The Commission shall investigate all cases  where it doubts or doubt  is brought to its 
attention regarding the competence of a notified body or the continued fulfilment by 
a notified body of the requirements and responsibilities to wh ich it is subject. 
2. The notifying Member State shall provi de the Commission, on request, with all 
information relating to the basis for the notification or the maintenance of the competence of the body concerned. 
3. The Commission shall ensure that all sensi tive information obtained in the course of 
its investigations is treated confidentially. 
4. Where the Commission ascertains that a notified body does not meet, or no longer 
meets, the requirements for its notificati on, it shall inform the notifying Member 
State accordingly and request it to take th e necessary corrective measures, including 
de-notification, if necessary. 
Article 26 
 
Operational obligations for notified bodies 
1. Notified bodies shall carry  out conformity assessments, periodic inspections and 
exceptional checks in accordance with the terms of their notification and with the 
conformity assessment procedures set out in the Annexes to Directive 2008/68/EC. 
2. Notified bodies shall carry out reassessmen ts of conformity in accordance with 
Annex III. 
3. Notified bodies notified by one  Member State shall be authorised to work in all 
Member States. The notifying authority which carried out the initial assessment and notification retains the responsibility fo r monitoring the ongoi ng activities of the 
notified body.  
Article 27 
 
Information obligation on notified bodies 
1. Notified bodies shall inform the no tifying authority of the following: 
(a) any refusal, restriction, suspen sion or withdrawal of certificates; 
(b) any circumstances affecting the scop e of and conditions for notification; 
(c) any request for information which they have received from market surveillance 
authorities regarding confor mity assessment activities;  
EN 27   EN (d) on request, conformity assessment activit ies performed within the scope of their 
notification and any other activity perfor med, including cross-border activities and 
subcontracting. 
2. Notified bodies shall provide  the other bodies notified under this Directive carrying 
out similar conformity assessment, peri odic inspection and exceptional checks 
activities covering the same transportabl e pressure equipment with relevant 
information on issues relating to nega tive and, on request, pos itive conformity 
assessment results. 
Article 28 
 
Exchange of experience 
The Commission shall provide for the organisation of exchange  of experience between the 
Member States’ national authorities responsible for  
(a) notification policy; (b) market surveillance.  
Article 29 
 
Coordination of notified bodies 
The Commission shall ensure that appropriate  coordination and coope ration between bodies 
notified under this Directive are put in place and properly operated in the form of a sectoral 
group of notified bodies.  
Member States shall ensure that the bodies notif ied by them participate in the work of that 
group, directly or by designated representatives. 
Chapter 5 
Safeguard procedures 
Article 30 
 
Procedure to deal with transportable pressure equipment presenting a risk at national level 
1. Where the market surveillance authoritie s of one Member Stat e have taken action 
pursuant to Article 20 of Regulation (EC) No 765/2008 or where they have sufficient 
reason to believe that tran sportable pressure equipmen t covered by this Directive 
presents a risk to the health or safety of persons or to other aspects of public interest 
protection covered by this Directive, they shall perform an eval uation in relation to 
the transportable pressure equipment concer ned covering all the requirements set out 
in this Directive. The relevant economic ope rators shall cooperate as necessary with  
EN 28   EN the market surveillance authorities, includ ing granting access to their premises and 
providing samples as appropriate. 
Where, in the course of th at evaluation, the market surv eillance authorities find that 
the transportable pressure equipment does no t comply with the requirements set out 
in the Annexes to Directive 2008/68/EC and in this Directive, they shall without 
delay require the relevant economic operator to take all appropria te corrective action 
to bring the transportable pressure equipment into compliance with those 
requirements, to withdraw the transportabl e pressure equipment from the market or 
to recall it within a reasonabl e period, commensurate with th e nature of the risk, as 
they may prescribe. 
The market surveillance authorities sh all inform the relevant notified body 
accordingly. 
Article 21 of Regulation (EC) No 765/2008 shall apply to the corrective action 
referred to in the second s ubparagraph of this paragraph. 
2. Where the market surveillance authoritie s consider that the non-compliance is not 
restricted to their national territory, they  shall inform the Commission and the other 
Member States of the results  of the evaluation and of th e actions which they have 
required the economic operator to take. 
3. The economic operator shall en sure that all appropriate co rrective action is taken in 
respect of all the transportable pressure  equipment concerned that it has made 
available on the market throughout the Community. 
4. Where the relevant economic operator doe s not take adequate corrective action 
within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appr opriate provisional measures to prohibit or 
restrict the transportable pr essure equipment being made  available on their national 
market, to withdraw the equipment from that market or to recall it. 
They shall inform the Commission and the other Member States, without delay, of 
those measures. 
5. The information referred to  in paragraph 4 shall includ e all available details, in 
particular the data necessar y for the identification of th e non-compliant transportable 
pressure equipment, the origin of the e quipment, the nature of the non-compliance 
alleged and the risk involved, the nature and duration of the national measures taken 
and the arguments put forward by the releva nt economic operator. In particular, the 
market surveillance authorities shall indica te whether the non-compliance is due to 
either: 
(a) failure of the transportable pressure equipment to meet requirements relating to the 
health or safety of persons or to other as pects of public interest protection set out in 
the Annexes to Directive 2008/68/EC  and in this Directive, or 
(b) shortcomings in the standards or techni cal codes referred to in the Annexes to 
Directive 2008/68/EC or in other provisions of th at Directive.  
EN 29   EN 6. Member States other than the Member St ate initiating the pro cedure shall without 
delay inform the Commission and the other Member States of any measures adopted 
and of any additional information at their disposal relating to the non-compliance of 
the transportable pressure equipment conc erned, and, in the event of disagreement 
with the notified national m easure, of their objections. 
7. Where, within two months of  receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member  State or the Commission in respect of a 
provisional measure taken by a Member St ate, that measure shall be deemed 
justified. 
8. Member States shall ensure that appropriate  restrictive measures are taken in respect 
of the transportable pressure equipment concerned, such as withdrawal of the 
transportable pressure equipment from their market, without delay. 
Article 31 
 
Community safeguard procedure 
1. Where, on completion of the procedure set out in Article 30(3) and (4), objections 
are raised against a measure taken by a Member State or wh ere the Commission 
considers a national measure to be c ontrary to Community legislation, the 
Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operator s and shall evaluate the national measure. 
On the basis of the results of that eval uation, the Commission sh all decide whether 
the national measure is justified or not. 
The Commission shall address its decisi on to all Member States and shall 
immediately communicate it to them and to the relevant economic operator or 
operators. 
2. If the national measure is considered justified, all Member States shall take the 
measures necessary to ensure that the non-compliant transportable pressure equipment is withdrawn from their mark ets, and shall inform the Commission 
accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure. 
3. Where the national measure is considered  justified and the non-compliance of the 
transportable pressure equipment is attribut ed to shortcomings in the standards as 
referred to in Article 30(5) (b), the Comm ission shall inform the relevant European 
standardisation body or bodies and may bri ng the matter before the Committee set up 
by Article 5 of Directive 98/34/EC
13. That Committee may consult the relevant 
European standardisation body or bodi es before delivering its opinion.  
                                                 
13 OJ L 204, 21.7.1998, p.37.  
EN 30   EN Article 32 
 
Compliant transportable pressure equipment wh ich presents a risk to health and safety  
1. Where having performed an evaluation under Article 30(1) a Member  State finds that 
although transportable pressure equipmen t is in compliance with Directive 
2008/68/EC and this Directive, it presents a ri sk to the health or safety of persons or 
to other aspects of pub lic interest protecti on, it shall require the relevant economic 
operator to take all appropriate measures to  ensure that the transportable pressure 
equipment concerned, when placed on the market, no longer presents that risk, to withdraw the equipment from the market or  to recall it within a reasonable period, 
commensurate with the nature of the risk, as it may prescribe. 
2. The economic operator shall ensu re that corrective action is taken in respect of all the 
transportable pressure equipment concerned th at he has made available on the market 
or is using throughout the Community. 
3. The Member State shall immediately in form the Commission and the other Member 
States. That information shall include all available details, in particular the data necessary for the identification of the tran sportable pressure equipment concerned, 
the origin and the supply chai n of the equipment, the nature of the risk involved and 
the nature and duration of the national measures taken. 
4. The Commission shall without delay enter in to consultation with the Member States 
and the relevant economic operator or ope rators and shall evaluate the national 
measures taken. On the basis of the result s of that evaluation, the Commission shall 
decide whether the measure is justif ied or not, and where necessary, propose 
appropriate measures. 
5. The Commission shall address its deci sion to all Member States and shall 
immediately communicate it to them and to the relevant economic operator or 
operators. 
Article 33  
 
Formal non-compliance
 
1. Without prejudice to Article 30, where a Me mber State makes one of the following 
findings, it shall require the relevant ec onomic operator to put an end to the non-
compliance concerned: 
(a) the Pi marking has been affixed in viol ation of Article 12, Artic le 13 or Article 14; 
(b) the Pi marking has not been affixed; (c) the technical documentation is eith er not available or not complete; 
(d) the requirements of the Annexes to Di rective 2008/68/EC have  not been complied 
with.  
EN 31   EN 2. Where the non-compliance referred to in paragraph 1 persists, the Member State 
concerned shall take all appropr iate measures to restrict or prohibit the transportable 
pressure equipment being made available on the market or ensure that  it is recalled or 
withdrawn from the market. 
Chapter 6 
Final provisions 
Article 34 
 
Transitional provisions 
Within their territory, Member States may ma intain the provisions  listed in Annex II. 
Member States which maintain such provisi ons shall inform the Commission thereof. The 
Commission shall inform th e other Member States. 
Article 35 
 
Adaptation to scientific  and technical progress 
The Commission may adapt the Annexes to this Di rective to scientific and technical progress, 
in particular taking into acc ount amendments to the Annexe s to Directive 2008/68/EC. Those 
measures, designed to amend non-essen tial elements of this Directive, inter alia  by 
supplementing it, shall be adopted in accordance  with the regulatory procedure with scrutiny 
referred to in Article 36(2). 
Article 36 
 
Committee 
1. The Commission shall be assisted by th e Committee on the transport of dangerous 
goods set up under Article 9 of Directive 2008/68/EC. 
2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of 
Decision 1999/468/EC shall a pply having regard to the provisions of Article 8 
thereof. 
The time-limits provided for in Article 5a(3)(c), and (4)(b) and (e) of Decision 
1999/468/EC shall be one month, one m onth and two months respectively. 
Article 37 
 
Repeal 
Directives 76/767/EEC,  84/525/EEC, 84/526/EEC, 84/527/EEC a nd 1999/36/EC are repealed 
with effect from 1 July 2011.   
EN 32   EN References to the repealed Directive 1999/36/EC shall be construed as references to this 
Directive. 
Article 38 
Recognition of equivalence 
1. EEC pattern approval certificates for transportable pressure equipment issued 
pursuant to Directives 84/525/EEC, 84/ 526/EEC and 84/527/EEC and EC design-
examination certificates issu ed pursuant to Directive 1999/36/EC shall be recognised 
as equivalent to the type approval certificates referred to in the Annexes to Directive 2008/68/EC.  
2. Valves and accessories referred to in Ar ticle 3(3) of Directive 1999/36/EC and 
marked with the mark of Directive 97/23/EC
14 according to Article 3(4) of Directive 
1999/36/EC may still be used. 
Article 39 
 
Transposition 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to comp ly with this Directive by 30 June 2011 at the latest. 
They shall forthwith communicate to the Commission the text of those provisions 
and a correlation table between thos e provisions and this Directive. 
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
3. Member States shall ensure that Article 21(2) (d) applies from 1 January 2012 at the 
latest. 
4. Member States shall ensure the laws, regulations and admi nistrative provisions 
referred to in paragraph 1 apply to pre ssure receptacles, their valves and other 
accessories used for the carriage of UN 1745, UN 1746 and UN  2495 from 1 July 
2013 at the latest. 
Article 40 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
                                                
 
14 OJ L 181, 9.7.1997, p.1  
EN 33   EN Article 41 
This Directive is addressed to the Member States. 
Done at Brussels,  
For the European Parliament For the Council 
The President The President    
EN 34   EN ANNEX I  
LIST OF DANGEROUS GOODS OTHER THAN THOSE IN CLASS 2 
UN number Class Dangerous substance 
1051 6.1 HYDROGEN CYANIDE, STABILIZED 
containing less than 3% water 
1052 8 HYDROGEN FLUORIDE, ANHYDROUS 
1745 5.1 BROMINE PENTAFLUORIDE 
Excluding carriage in tanks 
1746 5.1 BROMINE TRIFLUORIDE 
Excluding carriage in tanks 
1790 8 HYDROFLUORIC ACID, SOLUTION, 
WITH MORE THAN 85% HYDRFLUORIC 
ACID 
2495 5.1 IODINE PENTAFLUORIDE 
Excluding carriage in tanks  
EN 35   EN ANNEX II  
TRANSITIONAL PROVISIONS 
1. Member States may retain their nationa l provisions concerning devices intended for 
connection with other equipment and col our codes applicable  to transportable 
pressure equipment until such time as relevant standards for use are added to the Annexes to Directive 2008/68/EC. 
2. Member States in which the ambient temperature is regularly lower than -20 °C may 
impose more stringent standa rds as regards the operating temperature of material 
intended for transportable pressure equipm ent for use in the na tional transport of 
dangerous goods within their territory until provisions on the appropriate reference 
temperatures for given climatic zones are in corporated into the Annexes to Directive 
2008/68/EC. 
In this case, in the Pi marking of the tran sportable pressure equi pment, including the 
demountable parts having a direct safety function, the identifica tion number of the 
notified body shall be followed by "-40 °C" or other relevant marking approved by 
the competent authority.   
EN 36   EN ANNEX III  
PROCEDURE FOR THE REASSESSMENT OF CONFORMITY 
1. The method for ensuring that the trans portable pressure equi pment referred to in 
Article 1 (2) (c) manufactured and put into service before the dates of implementation of Directive 1999/36/EC comp lies with the relevant  provisions of the 
Annexes to Directive 2008/68/EC  as applicable at the time of reassessment shall be 
as set out in this Annex. 
2. The owner or his authorised representative  established within the Community or the 
holder must make available to a no tified body conforming to EN ISO/IEC 
17020:2004 type A the information regarding the transportable pressure equipment 
which enables that body to identify the e quipment precisely (origin, design rules, and 
for acetylene cylinders also details of the porous material). The information shall 
include, where appropriate, any prescribed  restrictions on use, and any notes on 
possible damage or repairs which have been carried out. 
3. The type A notified body shal l assess whether the trans portable pressure equipment 
affords at least the same degree of safety as the transportable pressure equipment referred to in the Annexes to Directive 2008/68/EC. The assessment shall be carried 
out on the basis of the information produced  in accordance with point 2 and, where 
appropriate, of further inspections. 
4. Where pressure receptacles were manuf actured in series, Member States may 
authorise the assessment of c onformity of individual pres sure receptacles, including 
their valves and other accessories used for transport, to be carri ed out by a notified 
body conforming to EN ISO/IEC 17020:2004 Type  B provided that conformity of 
the type has been assessed in accordance with paragraph 3 by a type A notified body. 
5. If the results of the assessments in paragraphs 3 and 4 ar e satisfactory, the 
transportable pressure equipment shall be subject to the periodi c inspection provided 
for in the Annexes to Directive 2008/68/EC  and the Pi marking shall be applied by 
the notified body responsible for the period ic inspection in acco rdance with Article 
14 (1) – (5). The Pi marking shall be fo llowed by the identification number of the 
type A notified body responsible  for the reassessment of c onformity and, if different, 
the identification number of the notified body responsible for periodic inspection. 
6. A certificate of reassessment shall be issued. 
Where the procedure in paragraph 4 is applied the type A body shall issue the 
certificate of reassessment containing as a minimum: 
(a) the identification of the notified body; (b) the name and address of the manufactur er and the holder of  the original type 
approval for the transportable pressure e quipment being reassessed when the holder 
is not the manufacturer; 
(c) the data identifying the transportable pre ssure equipment belonging to the series; and  
EN 37   EN (d) the date of issue. 
7. In all other cases the notified body responsib le for the periodic inspection shall issue 
the certificate of reassessme nt containing as a minimum: 
(a) the identification of the notified body; (b) the name and address of the owner or his authorised representative established within 
the Community or the holder specified in paragraph 2; 
(c) the data for identification of the tran sportable pressure equipment to which Pi 
marking has been applied including at least the serial number or numbers; and 
(d) the date of issue. 
By affixing or having affixed the Pi marking, the owner or operator indicates that he 
takes responsibility for the conformity of the transportable pressure equipment with 
all applicable requirements set out in th e Annexes to Directiv e 2008/68/EC and in 
this Directive as applicable at the time of reassessment.