COUNCIL DIRECTIVE 1999/36/EC
of 29 April 1999
on transportable pressure equipment
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 75(1)(c) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 189c of the Treaty(3),
(1) Whereas within the framework of the common transport policy further measures must be adopted to ensure transport safety;
(2) Whereas each Member State currently requires all transportable equipment to be used on its territory to undergo certification and inspection, including periodic inspections, by its designated bodies; whereas this practice, requiring multiple approvals if equipment is to be used in more than one State in the course of a transport operation, constitutes an obstacle to the provision of transport services within the Community; whereas action by the Community to harmonise approval procedures is justified in order to facilitate the use of transportable pressure equipment on the territory of another Member State in the context of a transport operation;
(3) Whereas measures should be adopted for the progressive establishment of a single market in transport and, in particular, for free movement of transportable pressure equipment;
(4) Whereas action at Community level is the only possible way of achieving such harmonisation, since Member States acting independently or through international agreements cannot establish the same degree of harmonisation in the approvals for such equipment; whereas, currently, recognition of approvals given in different Member States is not satisfactory because of the element of discretion;
(5) Whereas a Council Directive is the appropriate legal instrument to enhance the safety of this equipment, as it provides a framework for uniform and compulsory application of the approval procedures by Member States;
(6) Whereas Council Directives 94/55/EC(4) and 96/49/EC(5) have extended the application of the provisions of the ADR(6) and RID(7) to cover national traffic in order to harmonise across the Community the conditions under which dangerous goods are transported by road and by rail;
(7) Whereas Directives 94/55/EC and 96/49/EC provide for the option of applying conformity assessment procedures based on modules in accordance with Decision 93/465/EEC(8) to certain new transportable pressure equipment; whereas this option should be replaced by an obligation extended to cover all new transportable pressure equipment used for the transport of dangerous goods and falling within the scope of Directives 94/55/EC and 96/49/EC;
(8) Whereas Directive 97/23/EC(9) lays down the general requirements for the free movement and safety of pressure equipment;
(9) Whereas aerosol dispensers and gas cylinders for breathing appliances should be excluded from the scope of this Directive as their free movement and safety are already covered by Directive 75/324/EEC(10) and Directive 97/23/EC;
(10) Whereas recognition of the approval certificates issued by the inspection bodies designated by the Member States' competent authorities, of the conformity assessment or reassessment procedures and of the periodic inspection procedures contributes towards removing obstacles to freedom to provide transport services; whereas such an objective cannot be achieved satisfactorily at another level by the Member States; whereas, to eliminate the element of discretion, it is necessary to establish clearly which procedures should be followed;
(11) Whereas it is necessary to lay down common rules for establishing recognition of designation inspection bodies which ensure compliance with Directives 94/55/EC and 96/49/EC; whereas these common rules will have the effect of eliminating unnecessary costs and administrative procedures related to the approval of the equipment and of eliminating technical barriers to trade;
(12) Whereas, in order not to hinder transport operations between a Member State and a third country, this Directive should not be applied to transportable pressure equipment exclusively used for transport operations of dangerous goods between the territory of the Community and that of third countries;
(13) Whereas Member States have to designate inspection bodies entitled to perform the conformity assessment or reassessment procedures and periodic inspections; whereas they must also ensure that such bodies are sufficiently independent, efficient and professionally able to carry out their appointed tasks;
(14) Whereas specific procedures should be introduced for evaluating the conformity of new valves and other accessories used for transport;
(15) Whereas provisions should be introduced regarding the reassessment of existing equipment, as defined in Annex IV, Part II; so as to enable this Directive to be applied to such equipment;
(16) Whereas compliance with the technical provisions of the Annexes to Directives 94/55/EC and 96/49/EC for new equipment must be shown by means of the conformity assessment procedures set out in Annex IV, Part I; whereas periodic inspections of existing equipment will be carried out according to the procedures set out in Annex IV, Part III;
(17) Whereas equipment referred to in this Directive should bear a mark to indicate its compliance with the requirements of Directive 94/55/EC or 96/49/EC and this Directive in order to be placed on the market, filled, used and refilled in accordance with its intended purpose;
(18) Whereas Member States must allow transportable pressure equipment bearing the mark referred to in Annex VII to move freely on their territory, to be placed on the market, to be used in the course of any transport operation or to be used in accordance with its intended purpose, without undergoing further assessment or having to comply with further technical requirements;
(19) Whereas it is appropriate that a Member State, provided it informs the Commission, 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 particular risk to safety;
(20) Whereas a committee procedure should be followed for amendment of the Annexes to this Directive and for postponing the date the Directive is brought into effect for certain transportable pressure equipment;
(21) Whereas provision should be made for transitional arrangements to enable pressure equipment, manufactured in accordance with the national rules in force before this Directive is brought into effect, to be placed on the market and put into service;
(22) Whereas Directives 84/525/EEC(11) 84/526/EEC(12) and 84/527/EEC(13) on gas cylinders provide for a conformity procedure different from that provided for by this Directive; whereas a single procedure should be established for all transportable pressure equipment;
(23) Whereas a periodic inspection procedure should be established for existing gas cylinders which are in accordance with Directives 84/525/EEC, 84/526/EEC and 84/527/EEC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Scope
1. The purpose of this Directive shall be to enhance safety with regard to transportable pressure equipment approved for the inland transport of dangerous goods by road and by rail and to ensure the free movement of such equipment within the Community, including the placing on the market and repeated putting into service and repeated use aspects.
2. This Directive shall apply:
(a) for the purpose of placing on the market: to new transportable pressure equipment as defined in Article 2;
(b) for the purpose of reassessment of conformity: to existing transportable pressure equipment as defined in Article 2 which meets the technical requirements laid down in Directives 94/55/EC and 96/49/EC;
(c) for repeated use and periodic inspections:
- to the transportable pressure equipment referred to in (a) and (b),
- to existing gas cylinders bearing the conformity marking laid down in Directives 84/525/EEC, 84/526/EEC and 84/527/EEC.
3. Transportable pressure equipment which was placed on the market before 1 July 2001 or, in the case of Article 18, within two years of that date and which has not been reassessed as to its conformity with the requirements of Directives 94/55/EC and 96/49/EC, shall be outside the scope of this Directive.
4. Transportable pressure equipment used exclusively for the transport of dangerous goods between Community territory and third-country territory, carried out in accordance with Article 6(1) and Article 7 of Directive 94/55/EC or Article 6(1) and Article 7(1) and (2) of Directive 96/49/EC, shall be outside the scope of this Directive.
Article 2
Definitions
For the purposes of this Directive:
1. "transportable pressure equipment" means:
- all receptacles (cylinders, tubes, pressure drums, cryogenic receptacles, bundles of cylinders as defined in Annex A to Directive 94/55/EC),
- all tanks, including demountable tanks, tank containers (mobile tanks), tanks of tank wagons, tanks or receptacles of battery vehicles or battery wagons, tanks of tank vehicles,
used for the transport of Class 2 gases in accordance with the Annexes to Directives 94/55/EC and 96/49/EC and for the transport of certain dangerous substances of other classes indicated in Annex VI to this Directive, including their valves and other accessories used for transport.
This definition excludes equipment subject to the general exemption principles applicable to small quantities and to the special cases provided for in the Annex to Directive 94/55/EC and the Annex to Directive 96/49/EC as well as aerosol dispensers (UN number 1950) and gas cylinders for breathing appliances;
2. "mark" means the symbol referred to in Article 10;
3. "conformity assessment procedures" means those procedures set out in Annex IV, Part I;
4. "reassessment of conformity" means the procedure for subsequent assessment, at the request of the owner or his authorised representative established in the Community or of the holder, of the conformity of transportable pressure equipment already manufactured and put into service before 1 July 2001 or, in the case of Article 18, within two years of that date;
5. "notified body" means an inspection body designated by the national competent authority of a Member State in accordance with Article 8 and meeting the criteria of Annexes I and II;
6. "approved body" means an inspection body designated by the national competent authority of a Member State in accordance with Article 9 and meeting the criteria of Annexes I and III.
Article 3
Conformity assessment or the placing on the Community market of new transportable pressure equipment
1. New receptacles and new tanks shall meet the relevant provisions of Directive 94/55/EC and 96/49/EC. The compliance of such transportable pressure equipment with these provisions shall be established by a notified body exclusively in accordance with the conformity assessment procedures set out in Annex IV, Part I, and specified in Annex V.
2. New valves and other accessories used for transport shall meet the relevant provisions of the Annexes to Directives 94/55/EC and 96/49/EC.
3. Valves and other accessories having a direct safety function in transportable pressure equipment, in particular safety valves, valves for filling and emptying and cylinder valves, shall be subject to a conformity assessment procedure at least a stringent as that undergone by the receptacle or tank to which they are fitted.
Such valves and other accessories used for transport may be subject to a different conformity assessment procedure separate from that used for the receptacle or tank.
4. Should Directive 94/55/EC and 96/49/EC not contain any detailed technical provisions for the valves and accessories referred to in paragraph 3, such valves and accessories must meet the requirements of Directive 97/23/EC and, pursuant to that Directive, be subject to a category II, III or IV conformity assessment procedure as laid down in Article 10 of Directive 97/23/EC according to whether the receptacle or tank belongs to category 1, 2 or 3 as laid down in Annex V to this Directive.
5. No Member State shall prohibit, restrict or impede the placing on the market or putting into service on its territory of transportable pressure equipment referred to in Article 1(2)(a) which complies with this Directive and bears the relevant mark provided for in Article 10(1) and (2).
Article 4
Conformity assessment for the placing on the national market of new transportable pressure equipment
1. By way of derogation from Article 3, Member States may authorise on their territory the placing on the market, transport and putting into service by users, of the receptacles - including their valves and other accessories used for transport - covered by Article 1(2)(a), the conformity of which has been assessed by an approved body.
2. Transportable pressure equipment the conformity of which has been assessed by an approved body may not bear the marking described in Article 10(1).
3. The approved body shall work exclusively for the group of which it is a member.
4. The procedures applicable to conformity assessment by approved bodies shall be modules A1, C1, F and G, as described in Annex IV, Part I.
5. The effects of this Article shall be monitored by the Commission and evaluated as from 1 July 2004. To this end, Member States shall forward to the Commission any useful information on the implementation of this Article. If necessary the evaluation shall be accompanied by a proposal for amendment of this Directive.
Article 5
Reassessment of conformity for existing transportable pressure equipment
1. The conformity of the transportable pressure equipment referred to in Article 1(2)(b) with the relevant provisions of the Annexes to Directives 94/55/EC and 96/49/EC shall be established by a notified body in accordance with the conformity reassessment procedure set out in Annex IV, Part II, to this Directive.
Where such equipment was manufactured in series, Member States may authorise the reassessment of conformity with regard to receptacles, including their valves and other accessories used for transport, to be carried out by an approved body provided that conformity of the type is reassessed by a notified body.
2. No Member States shall prohibit, restrict or impede the placing on the market or putting into service on its territory of transportable pressure equipment referred to in Article 1(2)(b) which complies with this Directive and bears the relevant mark provided for in Article 10(1).
Article 6
Periodic inspection and repeated use
1. Periodic inspections of the receptacles, including their valves and accessories used for transport, referred to in Article 1(2)(c) shall be arranged by a notified or approved body in accordance with the procedure set out in Annex IV, Part III. Periodic inspections of tanks, including their valves and other accessories used for transport, shall be arranged by a notified body in accordance with the procedure laid down in Annex IV, Part III, module 1.
However, Member States may permit periodic inspections of tanks carried out on their territory also to be performed by the approved bodies which have been recognised for carrying out periodic inspections of tanks and which act under the supervision of a body notified under the procedure provided for in Annex IV, Part III, Module 2 concerning periodic inspection through quality assurance.
2. The transportable pressure equipment referred to in Article 1(2) may be subjected to periodic inspection in any Member State.
3. No Member State may, on grounds concerning transportable pressure equipment as such, prohibit, restrict or impede the use (including filling, storing, emptying and refilling) on its territory of the following transportable pressure equipment:
- the equipment referred to in Article 1(2)(a) and (b) and the first indent of Article 1(2)(c), which satisfies the provisions of this Directive and bears the corresponding mark,
- existing gas cylinders bearing the conformity mark provided for in Directives 84/525/EEC, 84/526/EEC and 84/527/EEC and the mark and identification number referred to in Article 10(3) of this Directive indicating that it has undergone periodic inspection.
4. Member States may establish national requirements for the storage or use of transportable pressure equipment, but not for transportable pressure equipment itself or for the accessories needed during transport. Member States may, however, pursuant to Article 7, retain national requirements for connecting devices, colour codes and reference temperatures.
Article 7
National provisions
1. A Member State may retain its national provisions concerning devices intended for connection with other equipment and colour codes applicable to transportable pressure equipment until such time as European standards for use are added to the Annexes to Directives 94/55/EC and 96/49/EC.
However, where safety problems arise with the transport or use of certain types of gas, a short transitional period may be allowed, in accordance with the procedure laid down in Article 15, in order to enable Member States to retain their national provisions even after the European standards have been added to the Annexes to Directives 94/55/EC and 96/49/EC.
2. A Member State in which the ambient temperature is regularly lower than - 20 °C may impose more stringent standards as regards the operating temperature of material intended for use in the national transport of dangerous goods within its territory until provisions on the appropriate reference temperatures for given climatic zones are incorporated in the Annexes to Directives 94/55/EC and 96/49/EC.
Article 8
Notified bodies
1. Member States shall communicate to the Commission and the other Member States the list of notified bodies established within the Community which they have designated to carry out the new transportable pressure equipment conformity assessment procedures pursuant to Annex IV, Part I, to reassess the conformity of existing types or equipment with the requirements of the Annexes to Directives 94/55/EC and 96/49/EC pursuant to Annex IV, Part II, and/or to perform the task of periodic inspections pursuant to Annex IV, Part III, module 1 and/or to perform the task of surveillance pursuant to Annex IV, Part III, module 2. They shall also communicate the identification numbers assigned to them beforehand by the Commission.
The Commission shall publish in the Official Journal of the European Communities a list of the notified bodies, with their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.
2. Member States shall apply the criteria set out in Annexes I and II for the designation of notified bodies. Each body shall submit to the Member State which intends to designate it complete information concerning, and evidence of, compliance with the criteria in Annexes I and II.
3. A Member State which has notified a body shall withdraw such notification if it finds that the body no longer meets the criteria referred to in paragraph 2.
It shall forthwith inform the Commission and the other Member States of any such withdrawal of notification.
Article 9
Approved bodies
1. Member States shall communicate to the Commission and the other Member States the list of approved bodies established in the Community, which they have recognised in accordance with the criteria of paragraph 2, for the purpose of carrying out periodic inspections of receptacles - including their valves and other accessories used for transport - referred to in Article 2(1), first indent, or conformity reassessment of existing receptacles - including their valves and other accessories used for transport - which conform to a type reassessed by a notified body, to ensure continued compliance with the relevant provisions of Directives 94/55/EC and 96/49/EC in accordance with the procedures laid down in Annex IV, Part III, module 1. They shall also communicate the identification numbers assigned to them beforehand by the Commission.
Member States using the option provided for in Article 6(1), second subparagraph, shall also communicate to the Commission and the other Member States the list of approved bodies established in the Community, which they have recognised for the purpose of carrying out periodic inspections of tanks.
The Commission shall publish in the Official Journal of the European Communities a list of the approved bodies recognised, with their identification numbers and the tasks for which they have been recognised. The Commission shall ensure that this list is kept up to date.
2. Member States shall apply the criteria set out in Annexes I and III for the recognition of approved bodies. Each body shall submit to the Member State which intends to recognise it complete information concerning, and evidence of, compliance with the criteria in those Annexes.
3. A Member State which has recognised a body shall withdraw the approval if it finds that the body no longer meets the criteria referred to in paragraph 2.
It shall forthwith inform the Commission and the other Member States of any such withdrawal of approval.
Article 10
Marking
1. Without prejudice to the requirements for the marking of receptacles and tanks laid down in Directives 94/55/EC and 96/49/EC, receptacles and tanks satisfying the provisions of Article 3(1) and Article 5(1) shall have a mark affixed to them in accordance with Annex IV, Part I. The form of the mark to be used is set out in Annex VII. This mark shall be visibly and immovably affixed and shall be accompanied by the identification number of the notified body which has performed the conformity assessment procedure on the receptacles and tanks. In the event of reassessment, this mark shall be accompanied by the identification number of the notified or approved body.
For transportable pressure equipment complying with Article 7(2), the identification number of the notified or approved body shall be followed by "- 40 °C".
2. New valves and other accessories having a direct safety function shall bear either the mark provided for in Annex VII hereto or that provided for in Annex VI to Directive 97/23/EC. Such marks need not be accompanied by the identification number of the notified body which carried out the conformity assessment on the valves and other accessories used for transport.
The other valves and accessories shall not be subject to any special marking requirements.
3. Without prejudice to the requirements for the marking of receptacles and tanks laid down in Directives 94/55/EC and 96/49/EC, for the purposes of periodic inspections, all transportable pressure equipment referred to in Article 6(1) shall bear the identification number of the body which performed the periodic inspection of the equipment to indicate that it may continue to be used.
With regard to gas cylinders covered by Directives 84/525/EEC, 84/526/EEC and 84/527/EEC, when the first periodic inspection is carried out in accordance with this Directive, the aforementioned identification number shall be preceded by the mark described in Annex VII.
4. For both conformity assessment and reassessment and for periodic inspections, the identification number of the notified or approved body shall be visibly and immovably affixed under its responsibility either by the body itself or by the manufacturer, or his authorised representative established within the Community, or by the owner or his authorised representative established in the Community, or by the holder.
5. The affixing of markings on transportable pressure equipment which are likely to mislead third parties with regard to the meaning or the graphics of the mark referred to in this Directive shall be prohibited. Any other marking may be affixed to equipment provided that the visibility and legibility of the marking in Annex VII is not thereby reduced.
Article 11
Safeguard clause
1. Where a Member State finds that transportable pressure equipment, when correctly maintained and used for its intended purpose, is liable to endanger the health and/or safety of persons and, where appropriate, domestic animals or property, during transport and/or use, notwithstanding the fact that it bears a mark, it may restrict or prohibit the placing on the market, transport or use of the equipment in question or have it withdrawn from the market or from circulation. It shall forthwith inform the Commission of any such measure, indicating the reasons for its decision.
2. The Commission shall enter into consultation with the parties concerned without delay. Where the Commission considers, after this consultation, that the measure is justified, it shall immediately so inform the Member State which took the initiative and the other Member States.
Where the Commission considers, after this consultation, that the measure is unjustified, it shall immediately so inform the Member State which took the initiative and the owner or his authorised representative established in the Community or the holder, or the manufacturer or his authorised representative established within the Community.
3. Where transportable pressure equipment which does not comply bears the marking provided for in Article 10, the competent Member State shall take appropriate action against the person(s) who affixed the marking and shall so inform the Commission and the other Member States.
4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.
Article 12
Undue marking
Without prejudice to Article 11, where a Member State establishes that the marking described in Annex VII has been affixed unduly, the owner or his authorised representative established in the Community or the holder, or the manufacturer or his authorised representative established within the Community, shall be obliged to make the transportable pressure equipment conform as regards the provisions concerning the marking and to end the infringement under the conditions imposed by the Member State.
Should non-conformity persist, the Member State shall immediately inform the Commission othereof and take all appropriate measures to restrict or prohibit the placing on the market, transport or use of the equipment in question or to ensure that it is withdrawn from the market or from circulation in accordance with the procedure laid down in Article 11.
Article 13
Decisions leading to refusal or restriction
Any decision taken pursuant to this Directive which has the effect of restricting the placing on the market, transport or use or requires the withdrawal from the market or from circulation of transportable pressure equipment shall state the exact grounds on which it is based. Such Decision shall be notified forthwith to the party concerned, who shall at the same time be informed of the legal remedies available to him under the laws in the Member State concerned and of the time limits to which such remedies are subject.
Article 14
Committee
The amendments necessary for adapting the Annexes to this Directive shall be adopted in accordance with the procedure laid down in Article 15.
Article 15
1. Where reference is made to the procedure provided for in this Article, the Commission shall be assisted by the Committee on the transport of dangerous goods set up under Article 9 of Directive 94/55/EC, hereinafter referred to as "the Committee", composed of representatives of the Member States and chaired by a representative of the Commission.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If within three months of the date of referral to the Council the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 16
Adoption and publication
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive no later than 1 December 2000. They shall forthwith inform the Commission thereof.
When Member States adopt those measures they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 17
Implementation
1. Member States shall adopt no later than 1 July 2001 the provisions which they have adopted to comply with this Directive to transportable pressure equipment.
2. The date referred to in paragraph 1 shall be deferred for certain transportable pressure equipment for which there are no detailed technical specifications or for which adequate reference to the relevant European standards has not been added to the Annexes to Directives 94/55/EC and 96/49/EC.
The equipment concerned by any such deferral and the date on which this Directive becomes applicable to it shall be determined in accordance with the procedure laid down in Article 15.
Article 18
Transitional arrangements
Member States shall authorise the placing on the market and putting into service of transportable pressure equipment which complies with the regulations in force within their territory before 1 July 2001 until 24 months from that date and shall authorise the subsequent putting into service of such equipment placed on the market prior to that date.
Article 19
Penalties
Member States shall lay down a system of penalties for breaches of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive.
Member States shall notify the relevant provisions to the Commission not later than 1 December 2000 and shall inform it of any subsequent changes as soon as possible.
Article 20
Applicability of provisions of other Directives
As from 1 July 2001 or, in the case of Article 18, within two years of the date, the only provisions of Directives 84/525/EEC, 84/526/EEC and 84/527/EEC to remain applicable shall be those of Article 1 and those of Annex I, Parts 1 to 3, of each of those Directives.
The provisions of Directive 76/767/EEC(14) shall no longer apply from 1 July 2001 or, in the case of Article 18, within two years of that date, for transportable pressure equipment falling within the scope of this Directive.
However, EEC pattern approval certificates for cylinders, issued pursuant to Directives 84/525/EEC, 84/526/EEC and 84/527/EEC shall be recognised as equivalent to the EC type-examination certificates provided for in this Directive.
Article 21
This Directive shall enter into fore on the day of its publication on the Official Journal of the European Communities.
Article 22
This Directive is addressed to the Member States.
Done at Luxembourg, 29 April 1999.