European Communities (Simple Pressure Vessels) Regulations, 1996
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Simple Pressure Vessels) Regulations, 1996.
2 Interpretation.
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paragraphs: (1) In these Regulations, unless the context otherwise requires—
"appropriate fee" means the fee referred to in Regulation 7;
"approved inspection body" means—
( a ) an approved inspection body in the State, or
( b ) a body approved by a Member State (other than the State) to exercise the functions specified in the Directive of an approved inspection body referred to in Article 9 of the Directive;
"approved inspection body in the State" shall be construed in accordance with regulation 6 (1);
"approved prototype", in respect of a vessel means a prototype of a vessel which has been approved by an inspection body after carrying out an EC type examination in respect of the vessel;
"authorised officer" has the meaning assigned to it by Regulation 17 (1);
"CE marking" and "CE conformity marking" mean the mark specified in Article 16 of the Directive;
"the Commission" means the Commission of the European Communities;
"the Directive" means Council Directive 87/404/EEC of 25th June, 19874; on the harmonisation of the laws of the Member States relating to simple pressure vessels as amended by Council Directive 90/488/EEC of 17th September, 19905; and Article 2 of Council Directive 93/68/EEC of 22nd July, 19936;
4OJ No. L220, 8.8.87. p. 48.
5OJ No. L270, 2.10.90, p. 25.
6OJ No. L220, 30.8.93, p. 1.
"Member State" means a Member State of the European Communities;
"the Minister" means the Minister for Enterprise and Employment;
"place on the market" means—
( a ) import,
( b ) sell,
( c ) offer or expose for sale,
( d ) invite the making by a person of an offer to purchase,
( e ) distribute free of charge, or
( f ) in the case of a manufacturer, supply for any of those purposes,
and cognate words shall be construed accordingly;
"prototype vessel" includes, where appropriate, a prototype representing a family of simple pressure vessels;
"PS", in respect of a simple pressure vessel, means the maximum working pressure of the simple pressure vessel;
"relevant national standard" means a national standard of any Member State applicable to the simple pressure vessel in question incorporating the harmonised standards whose reference numbers have been published in the Official Journal of the European Communities in accordance with Article 5(1) of the Directive;
"simple pressure vessel" means a simple pressure vessel to which the Directive applies;
"V", in respect of a simple pressure vessel, means the capacity of the simple pressure vessel;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3) In these Regulations—
( a ) a reference to a Regulation is to a Regulation of these Regulations, and
( b ) a reference to a paragraph is to the paragraph of the Regulation in which the reference occurs.
3 Requirements as to safety of vessels.
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paragraphs: (1) A person shall not place on the market or take into service a simple pressure vessel—
( a ) which when properly installed or maintained and used for the purposes for which it is intended, compromises the safety of persons, domestic animals or property,
( b ) in respect of which the product of PS and V exceeds 50 bar/litre, unless it satisfies the essential requirements set out in Annex I to the Directive, and
( c ) in respect of which the product of PS and V is 50 bar/litre or less, unless it has been manufactured in accordance with sound engineering practice in any of the Member States and bears the marking laid down in section 1 of Annex II to the Directive (other than the CE marking).
(2) A simple pressure vessel bearing the CE marking shall be presumed to comply with the provisions of the Directive, including the conformity assessment procedures referred to in Chapter II and any other Directive to which the vessel is subject and which provides for the affixing of the CE marking and in a case to which Article 5 (3) (b) of the Directive applies such a presumption shall only apply where particulars of the relevant directive applied, as published in the Official Journal of the European Communities, are given in the documents, notices or instructions required by such directive and accompanying that simple pressure vessel.
(3) A simple pressure vessel conforming to national standards which transpose the harmonised standards the reference numbers of which have been published in the Official Journal of the European Communities shall be presumed to conform to the essential safety requirements specified in sub-paragraphs (b) and (c) of paragraph (1).
(4) A simple pressure vessel in respect of which the manufacturer thereof has not applied, or has applied only in part, the standards referred to in paragraph (1) of Article 5 of the Directive or for which no such standards exist, shall be presumed to comply with the essential safety requirements specified in sub-paragraphs (b) and (c) of paragraph (1) 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.
4 Obligations on manufacturers.
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paragraphs: (1) Where a person proposes to commence production of simple pressure vessels whose product of PS and V will exceed 50 bar/litre, he or his authorised representative established in the Community shall—
( a ) where the simple pressure vessel is to be manufactured in accordance with the relevant national standards either—