COUNCIL DIRECTIVE of 17 September 1984 on the approximation of the laws of the Member States relating to seamless, unalloyed aluminium and aluminium alloy gas cylinders (84/526/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas in the Member States the construction and inspection of gas cylinders are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such cylinders ; whereas it is therefore necessary to approximate these provisions;
Whereas Council Directive 76/767/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them (4), as amended by the Act of Accession of 1979, lays down in particular the EEC pattern approval and verification procedures for these vessels ; whereas, in accordance with that Directive, it is necessary to lay down the technical requirements to be complied with by EEC-type seamless, unalloyed aluminium and aluminium alloy gas cylinders with a capacity of 0,5 to 150 litres in order to be imported, marketed and used without restraint after undergoing the inspections and having affixed to them marks and signs laid down,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to seamless, unalloyed aluminium and aluminium alloy gas cylinders, formed from a single piece, capable of being refilled and transported, with a capacity of between 0,5 and 150 litres inclusive and designed to contain compressed, liquefied or dissolved gases. These gas cylinders are hereinafter referred to as "cylinders".
2. This Directive shall not apply to: - cylinders manufactured from an aluminium alloy with a guaranteed minimum tensile strength greater than 500 N/mm2,
- cylinders to which metal is added when the base is being sealed.
Article 2
For the purpose of this Directive, "EEC-type cylinder" shall mean any cylinder designed and manufactured in such a way that it satisfies the requirements of this Directive and of Directive 76/767/EEC.
Article 3
No Member State may, on grounds relating to the construction or inspection of a cylinder within the meaning of Directive 76/767/EEC and this Directive, refuse, prohibit or restrict the placing on the market and putting into service of an EEC-type cylinder.
Article 4
All EEC-type cylinders shall be subject to EEC pattern approval.
All EEC-type cylinders shall be subject to EEC verification with the exception of cylinders with a hydraulic test pressure of 120 bars or less and a capacity of not more than one litre.
Article 5
Any amendments necessary to adapt sections 2.1.5, 2.4, 3.1.0, 3.4, 3.5, 3.6, 3.7, 4, 5 and 6 of Annex I and the other Annexes to this Directive to technical progress (1) OJ No C 104, 13.9.1974, p. 75. (2) OJ No C 5, 8.1.1975, p. 52. (3) OJ No C 62, 15.3.1975, p. 32. (4) OJ No L 262, 27.9.1976, p. 153. shall be adopted in accordance with the procedure laid down in Article 20 of Directive 76/767/EEC.
Article 6
The procedure laid down in Article 17 of Directive 76/767/EEC shall apply to section 2.3 of Annex I to this Directive.
Article 7
1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive within 18 months following its notification (1) and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 17 September 1984.