COUNCIL DIRECTIVE of 17 September 1984 on the approximation of the laws of the Member States relating to welded unalloyed steel gas cylinders (84/527/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 the inspection of gas cylinders are subject to mandatory provisions varying 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), lays down in particular the procedures of EEC pattern approval and verification for these vessels ; whereas according to this Directive it is advisable to lay down the technical requirements to be complied with by EEC-type welded unalloyed steel gas cylinders with a capacity of 0,5 to 150 litres in order to be put into circulation, commercialized and used without restraint after having undergone inspection and bearing accordingly a mark and a symbol,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to welded unalloyed steel gas cylinders formed from several pieces, of an actual thickness of 5 mm or less, capable of being refilled several times, with a capacity ranging from 0,5 to 150 litres inclusive and designed to contain and transport compressed, liquefied or dissolved gases except liquefied gases at very low temperatures and acetylene. The design pressure (Ph) of these cylinders shall not exceed 60 bars. These gas cylinders are hereinafter referred to as "cylinders".
Article 2
For the purposes 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 capacity of not more than 1 litre.
Article 5
Any amendments necessary to adapt sections 1, 2.1.1, 2.3 except for 2.3.3, 2.4 except for 2.4.1 and 2.4.2.1, 3.1.1, 3.1.2, 3.3, 3.4, 3.5, 5 except for 5.2.2 and 5.3, and 6 of Annex I and Annexes II and III to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 20 of Directive 76/767/EEC. (1) OJ No C 104, 13.9.1974, p. 59. (2) OJ No C 5, 8.1.1975, p. 52. (3) OJ No C 62, 15.3.1975, p. 31. (4) OJ No L 262, 27.9.1976, p. 153.
Article 6
The procedure laid down in Article 17 of Directive 76/767/EEC may apply to sections 2.2, 2.3.2 and 3.4.1.1 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 of 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.