1976L0767 — EN — 01.01.1995 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of27July1976
on the approximation of the laws of the Member States relating to common provisions for pres-
surevesselsandmethodsofinspectingthem
(76/767/EEC)
(OJ L 262, 27.9.1976, p. 153)
Amended by:
Official Journal
No page date
►M1Council Directive 87/354/EEC of 25 June 1987 L 192 43 11.7.1987
►M2Council Directive 88/665/EEC of 21 December 1988 L 382 42 31.12.1988
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A3Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE
of27July1976
on the approximationof the lawsofthe Member States relating to
common provisions for pressure vessels and methods of inspecting
them
(76/767/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,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas in each Member State mandatory provisions determine the
technical characteristics of construction, verification and/or the opera-tion of pressure vessels; whereas these requirements differ from oneMember State to another; whereas such differences hinder trade and
may create unequal conditions of competition within the Community;
Whereas these hindrances to the establishment and functioning of the
common market can be reduced or indeed eliminated if the samerequirements apply in each of the Member States, either in addition to
or in lieu of their existing laws;
Whereas a check on compliance with these technical requirements is
necessary to provide effective protection for users and third parties;whereas the existing inspection procedures differ from one Member
State to another; whereas in order to achieve free movement of pres-
sure vessels within the common market and to avoid multipleinspections which are in effect barriers to the free movement ofvessels, arrangements should be made for the mutual recognition ofinspection procedures by the Member States;
Whereas, in order to facilitate the mutual recognition of inspection
procedures, adequate EEC pattern approval and EEC verificationprocedures for vessels should be set up and the criteria for appointingthe bodies responsible for carrying out verifications should be harmo-
nized;
Whereas the presence on a pressure vessel of the EEC marks showing
that it has undergone the appropriate inspections indicates that it satis-fies the relevant technical requirements and therefore makes it
unnecessary, on the importation and placing into service of the vessel,
to repeat the inspections which have already been carried out;
Whereas national regulations on pressure vessels cover many categories
of pressure vessels of widely varying uses, capacities and pressures;
whereas this Directive should lay down the general provisions dealing,
in particular, with EEC pattern approval and verification procedures;whereas separate Directives for each category of vessel will lay downthe technical requirements as to the design and methods of inspectionof such vessels and, where appropriate, the conditions under whichCommunity technical requirements are to replace the previous national
provisions;
Whereas the technical requirements of the Directives on pressure
vessels must be adapted without delay to take account of technicalprogress; whereas, in order to facilitate the implementation of the
measures necessary for this purpose, provisions should be made for a
procedure establishing close cooperation between the Member Statesand the Commission, within the Committee on the adaptation to tech-1976L0767 — EN — 01.01.1995 — 005.001 — 2
(1) OJ No C 2, 9. 1. 1974, p. 64.
(2) OJ No C 101, 23. 11. 1973, p. 25.
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nical progress of the Directives for removing technical barriers to intra-
Community trade in pressure vessels;
Whereas pressure vessels placed on the market might in certain cases
represent a safety hazard although satisfying the requirements of therelevant separate Directive; whereas provision should therefore bemade for a procedure to reduce this hazard,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
Definitionsandbasicprinciples
Article 1
1. For the purposes of this Directive, ‘pressure vessel’ means any
fixed or movable vessel or receptacle in which an effective pressureof more than 0·5 bar on a fluid (gas, steam or liquid) may obtain ordevelop.
2. The following are excluded:
— vessels specially designed for nuclear use, failure of which can
cause an emission of radioactivity,
— vessels specifically intended for installation on, or for the propul-
sion of ships and aircraft,
— pipelines and pipeworks.
Article 2
1. Separate Directives shall lay down the design and construction
requirements and inspection, testing and, where necessary, operatingmethods for the categories of pressure vessels to which they relateand, where appropriate, for ancillary equipment.
They shall specify, for each category of pressure vessels, whether the
vessels are subject to EEC pattern approval and EEC verification or toeither or neither of these procedures.
They may lay down:
— any conditions or time limits to which EEC pattern approval may
be subject and any marks to be affixed to pressure vessels in such
cases,
— the identification markings for each pressure vessel,— the conditions which different models of an approved vessel must
satisfy in order to receive the same pattern approval.
2. For the purposes of this Directive, an ‘EEC-type pressure vessel’
means any vessel designed and manufactured in such a way that itsatisfies the requirements of the separate Directive relating to its parti-
cular category.
Article 3
No Member State may, on grounds relating to the construction or
inspection of a vessel within the meaning of this Directive and the
separate Directive relating to it, refuse, prohibit or restrict themarketing and placing into service of an EEC-type pressure vesselwhich complies with the requirements of this Directive and the separateDirective relating to it.
Article 4
Member States shall attach the same value to EEC pattern approval and
EEC verification as to any equivalent national procedures.
Article 5
The tasks of the administration issuing the EEC pattern approval certi-
ficate and of the inspection body carrying out the verification of the1976L0767 — EN — 01.01.1995 — 005.001 — 3
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vessel shall be confined to examinations carried out in accordance with
the requirements of the relevant separate Directives, and to the opera-tions assigned to them by this Directive.
CHAPTER II
EECpatternapproval
Article 6
1. Where it is provided for in a separate Directive, EEC pattern
approval shall be a preliminary to:
— EEC verification where this is required,
— marketing and placing into service where EEC verfication is not
required.
2. Member States shall, at the request of the manufacturer or his
authorized agent established in the Community, grant EEC patternapproval to any type of pressure vessel which satisfies the requirements
of the separate Directive relating to that particular category of pressure
vessel.
3. An application for EEC pattern approval for a given type of pres-
sure vessel may be submitted in only one Member State.
4. Member States shall grant, refuse or withdraw EEC pattern
approval in accordance with the provisions of this Chapter and sections1, 2 and 4 of Annex I.
Article 7
1. If the results of the examination provided for in section 2 of
Annex I are satisfactory, the Member State which carried out the exam-ination shall make out an EEC pattern approval certificate which shallbe forwarded to the applicant concerned.
Where this approval relates to a vessel which is subject to EEC verifi-
cation, the manufacturer must affix to it the approval mark referred toin 3.1 of Annex I before verification takes place.
2. The requirements relating to the certificate and approval mark are
set out in sections 3 and 5 of Annex I.
Article 8
Where EEC pattern approval is not required for a category of pressure
vessels which satisfies the requirements of a separate Directive, but anapplication has been made for EEC verification, the manufacturer shall,on his own responsibility, before verification takes place, affix to pres-sure vessels in this category the special mark described in 3.2 of AnnexI.
Article 9
1. A Member State which has granted EEC pattern approval must
withdraw it if any conditions laid down in a separate Directive pursuant
to Article 2 (1) are not fulfilled.
2. If a Member State which has granted EEC pattern approval finds
that pressure vessels of the type for which approval has been grantedfail to conform to the pattern:
(a) it may maintain the approval where the differences established are
minimal, or have no fundamental effect on the design of the vesselor on manufacturing methods and in no way present a safetyhazard;
(b) it must withdraw the approval if the changes constitute a safety
hazard;
(c) it shall request the manufacturer to make the appropriate manufac-
turing changes as soon as possible if it considers that the batchproduced no longer corresponds to the approved pattern. It must1976L0767 — EN — 01.01.1995 — 005.001 — 4
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withdraw the approval if the manufacturer fails to comply with this
request.
3. The Member State which granted EEC pattern approval must also
withdraw it if it finds that the approval should not have been granted.
4. Furthermore, if the said Member State is informed by another
Member State of the existence of one of the cases referred to in para-
graphs 1, 2 and 3, it shall, after consulting that State, act in accordance
with the provisions of those paragraphs.
5. Where the advisability or necessity of withdrawing approval is
the subject of dispute between the competent authorities of the MemberState which has granted EEC pattern approval and those of another
Member State, the Commission shall be kept informed. It shall where
necessary, hold appropriate consultations in order to arrive at a solu-tion.
6. Only that Member State which granted EEC pattern approval may
decide to withdraw it. It shall forthwith notify the other Member States
and the Commission of any such decision.
CHAPTER III
EECverification
Article 10
EEC verification shall serve to establish whether a pressure vessel
conforms with the requirements of the separate Directive relating to it;it shall be attested by the EEC verification mark.
Article 11
1. When a pressure vessel is presented for EEC verification, the
inspection body shall check whether:
(a) — the pressure vessel belongs to a category subject to EEC pattern
approval and, if so, whether it corresponds to the approved
pattern and bears the EEC pattern approval mark;
— the pressure vessel belongs to a category exempt from EEC
pattern approval and, if so, whether it meets the requirementslaid down in the separate Directive;
(b) — the pressure vessel satisfies the requirements of the separate
Directive as regards the performance of the tests and the correctaffixing of the statutory marks and inscriptions.
2. The manufacturer may not refuse the inspection body access to
the place of manufacture where such access is essential if the body isto carry out properly the tasks entrusted to it.
Article 12
Annex III specifies the minimum criteria which the Member States
must observe when appointing the inspection bodies pursuant to Article
13, without prejudice to their competence, to take such measures andlay down such conditions as they consider necessary at national levelto ensure that the inspection bodies appointed operate in an efficient,coordinated and irreproachable fashion.
Article 13
1. Each Member State shall forward to the other Member States and
the Commission the list of inspection bodies responsible for the func-tions of inspection and any subsequent amendments to this list,specifying whether these bodies are only allowed to carry out certain
inspections.
2. A Member State which has appointed an inspection body must
withdraw the appointment if it finds that it does not meet or has ceasedto meet the criteria set out in Annex III. It shall immediately inform theCommission and the other Member States thereof and shall indicate1976L0767 — EN — 01.01.1995 — 005.001 — 5
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whether the appointment has been withdrawn completely or only in
respect of certain inspections.
3. Only that Member State which has appointed such an inspection
body may withdraw or limit the appointment.
Article 14
1. After carrying out EEC verification of a pressure vessel under the
conditions laid down in Article 11 and in the manner provided for inAnnex II, the inspection body shall affix the EEC partial or final veri-fication marks to the vessel in accordance with the arrangements laiddown in section 3 of that Annex.
2. Annex II, section 3 contains the requirements as to the form and
characteristics of the EEC verification marks.
3. If a separate Directive so provides, the inspection body shall issue
a certificate indicating the inspections carried out and their results.
Article 15
When the separate Directive relating to a category of pressure vessels
does not provide for EEC verification, the manufacturer shall, on his
own responsibility, after verifying that each pressure vessel satisfiesthe requirements of the separate Directive and, if appropriate, conformsto the approved pattern, affix:
(a) either the special mark described in 5.3 of Annex I, where EEC
pattern approval is necessary;
(b) or the special mark described in 5.4 of Annex I, where there is
exemption from EEC pattern approval.
CHAPTER IV
ProvisionscommontoEECpatternapprovalandEECverification
Article 16
1. The marks prescribed by this Directive and any separate Directive
relating to an appliance and its ancillary equipment must be visibly,
legibly and indelibly affixed on each vessel and on such ancillaryequipment.
2. Member States shall take all the necessary measures to prohibit
the use on pressure vessels of marks or inscriptions liable to beconfused with the EEC marks.
CHAPTER V
Derogatingclause
Article 17
1. The design of a pressure vessel and the methods used in its manu-
facture need not comply with all of the provisions of the separateDirectives, without the vessel ceasing to be covered by Article 3,
provided that the alterations made are such as to ensure an equivalent
degree of safety.
2. Each of the separate Directives shall specify clearly the provi-
sions from which such derogation is possible or the provisions from
which there can be no derogation.
The following procedure should be observed in such cases:
(a) the Member State shall forward the documents giving the descrip-
tion of the vessel and the documents supporting its request for
derogation, including the results of any tests carried out, to the
other Member States, which shall have a period of four months toagree or disagree, submit any comments, questions, additionalrequirements, requests for further tests, or, if they wish, to referthe matter to the Committee for its view in accordance with the1976L0767 — EN — 01.01.1995 — 005.001 — 6
▼B
procedure laid down in Article 20. Copies of these documents shall
be sent to the Commission. Such correspondence shall be confiden-tial;
(b) if by the end of the statutory period, no Member State has
disagreed or asked for the matter to be referred to the Committee,
the Member State shall after dealing with all the requests submitted
under the procedure set out in (a), grant the derogation requestedand inform the other Member States and the Commission thereof.
(c) if a Member State has not replied by the end of the statutory
period, it shall be regarded as having agreed; however the State oforigin must in this case ask the Commission to confirm that therehas been no reply;
(d) if the matter has been referred to the Committee, and the
Committee has decided in favour, the Member State may grantthe derogation under any conditions that the Committee mightpropose;
(e) the relevant documents shall be submitted in the language or
languages of the country of destination, or in another languageacceptable to it.
CHAPTER VI
AdaptationoftheDirectives totechnical progress
Article 18
The amendments necessary to keep:
— Annexes I and II to this Directive, and
— those provisions of the separate Directives which are specifically
indicated in each of them,
in line with technical progress shall be made in accordance with the
procedure laid down in Article 20.
Article 19
1. A committee (hereinafter called ‘the Committee’) is hereby set up
to adapt to technical progress those Directives concerning the elimina-
tion of technical barriers to trade in pressure vessels. It shall consist ofrepresentatives of the Member States, with a Commission representa-tive as chairman.
2. The Committee shall adopt its own rules of procedure.
Article 20
1. Where the procedure laid down in this Article is invoked, the
Committee shall be convened by the chairman, either on his own initia-tive or at the request of the representative of a Member State.
2. The Commission representative shall submit a draft of the
measures to be adopted to the Committee. The Committee shall giveits view of the draft within a time limit set by the chairman havingregard to the urgency of the matter. Decisions shall be taken on amajority of ►
A2fifty-four ◄votes, the votes of the Member States
being weighted as provided in Article 148 (2) of the Treaty. The
chairman shall not vote.
3. (a) The Commission shall adopt the proposed measures if they are
consistent with the view of the Committee.
(b) If the proposed measures do not conform to the view of the
Committee, or if no view has been given, the Commission shallwithout delay propose to the Council the measures to beadopted. The Council shall decide by a qualified majority.
(c) If, within three months of the proposal being submitted to it, the
Council has not taken any decision, the proposed measures shallbe adopted by the Commission.1976L0767 — EN — 01.01.1995 — 005.001 — 7
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CHAPTER VII
Safeguardclause
Article 21
1. Where a Member State has good grounds for believing that one
or more pressure vessels constitute a safety hazard, although satisfyingthe requirements of this Directive and the separate Directives, it maytemporarily prohibit the marketing of the vessel or vessels on its terri-
tory or make it subject to special conditions. It shall immediately
inform the Commission and the other Member States thereof, givingthe reasons for its decision.
2. The Commission shall consult the Member States concerned
within six weeks, then give its view without delay and take the appro-priate steps.
3. Where the Commission considers that technical modifications to
the Directive are necessary, such modifications shall be adopted, either
by the Commission or the Council, in accordance with the procedure
laid down in Article 20. In this event, the Member State which hastaken the safeguard measures may retain them until such modificationscome into force.
CHAPTER VIII
Specialprovisions
Article 22
1. This Article shall apply to vessels falling within the scope of this
Directive pursuant to Article 1, where these are not covered by a sepa-rate Directive.
2. In this case, the following rules shall apply:
(a) the competent administrative authorities of the Member State of
destination shall regard pressure vessels which have been inspected
and tested by an inspection body chosen in accordance with the
procedure laid down in Annex IV as conforming to their nationallaws, administrative provisions and regulations relating to design;
(b) these tests and inspections must be carried out in accordance with
the procedure described in Annex IV and using the methods in
force in the Member State of destination or recognized as being
equivalent by its administrative authorities.
The tests and inspections referred to above shall be all those which it is
possible to carry out in the place where the vessels are manufactured.
3. The Member States shall attach the same value to reports and
certificates issued by the inspection body in the country of origin ofthe pressure vessel as to the corresponding national documents.
CHAPTER IX
Finalprovisions
Article 23
Any decision by a Member State or an inspection body pursuant to this
Directive and the separate Directives to refuse EEC pattern approval orto refuse to affix the EEC verification mark, to withdraw approval, or
to prohibit the sale or use of EEC-type pressure vessels, shall state the
exact grounds on which it is based. Such a decision shall be notified assoon as possible to the party concerned, who shall at the same time beinformed of the remedies available to him under the laws in force inthe Member State in question and of the time limits to which suchremedies are subject.1976L0767 — EN — 01.01.1995 — 005.001 — 8
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Article 24
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 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 Directiveare communicated to the Commission.
Article 25
This Directive is addressed to the Member States.1976L0767 — EN — 01.01.1995 — 005.001 — 9
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ANNEX I (1)
EECPATTERNAPPROVAL
1. APPLICATION FOR EEC PATTERN APPROVAL
1.1. The application and the correspondence relating to it shall be drawn up in
an official language of the State to which the application is made in
accordance with the laws of that State. The Member State has the right
to require that the annexed documents should also be drawn upin that
same official language.
1.2. The application shall contain the following information:
— name and address of the manufacturer or firm, of his or its authorized
representative or of the applicant, and the place or places of manufac-
ture of the vessels,
— category of the vessel,— intended use or prohibited uses,— technical characteristics,
— trade name, if any, or type.
1.3. The application shall be accompanied by two copies of the documents
required and in particular:
1.3.1. A description including:
— the materials specifications, the methods of construction and the
strength calculations for the vessel,
— any safety devices fitted,
— the places where the approval and verification marks specified in this
Directive are to be affixed, as well as the other marks specified in the
separate Directives.
1.3.2. The general plans and, where appropriate, detailed drawings of important
design features.
1.3.3. Any other information provided for in the separate Directives.
1.3.4. A statement certifying that no other application for EEC pattern approval
has been submitted for the same pattern of vessel.
2. EXAMINATION FOR EEC PATTERN APPROVAL
2.1. The examination for EEC pattern approval shall be carried out on the
basis of the plans and, where appropriate, on sample vessels.
The examination shall entail:
(a) checking of the design calculations, method of manufacture, work-
manshipand materials;
(b) where appropriate, checking of the safety devices and measuring
equipment and the methods of installation.
3. EEC PATTERN APPROVAL CERTIFICATE AND MARK
3.1. The certificate referred to in Article 7 shall contain the conclusions of the
examination of the pattern and shall indicate any conditions to which,
under Article 2 (1), approval may be subject. It shall be accompanied by
the descriptions and drawings necessary to identify the pattern and, where
appropriate, to explain how it functions. The EEC approval mark
provided for in Article 7 shall be a stylized letter εcontaining:
— in the upper part, the serial number of the separate Directive allocated
according to the chronological order of adoption, and the capital
letter(s)identifying the State which has granted EEC pattern approval►
A2(B for Belgium, D for Germany, DK for Denmark, E for Spain,
F for France, ►M1EL for Greece ◄, I for Italy, IRL for Ireland, L
for Luxembourg, N L for the Netherlands, P for Portugal, UK for the
United Kingdom ►A3, A for Austria, S for Sweden, FI for
Finland◄)◄and the year of EEC pattern approval; the number of
the separate Directive to which the EEC pattern approval refers will
be allocated by the Council when it is adopted,
— in the lower part, the EEC pattern approval number.1976L0767 — EN — 01.01.1995 — 005.001 — 10
(1) See the Appendix to Annexes I and II.
▼B
An example of this mark is shown in 5.1.
3.2. The mark referred to in Article 8, represented by the stylized letter ε
reversed symmetrically about a vertical axis, contains in the upper part
the same information as required by the first indent of 3.1, and in the
lower part the reference number of the category not subject to EEC
pattern approval if so provided in the separate Directive.
An example of this mark is shown in 5.2.
3.3. The mark mentioned in Article 15 (a) is the same as the EEC approval
mark surrounded by a hexagon.
An example of this mark is shown in 5.3.
3.4. The mark mentioned in Article 15 (b) is the mark of exemption from
EEC pattern approval surrounded by a hexagon.
An example of this mark is shown in 5.4.
4. PUBLICATION OF EEC PATTERN APPROVAL
4.2. At the same time as the party concerned is notified, copies of the EEC
pattern approval certificate shall be sent by the Member State to the
Commission and to the other Member States, which may also obtain
copies of the definitive technical file on the vessel and of the reports on
the examinations and tests it has undergone.
4.3. Withdrawal of EEC pattern approval shall be published in accordance
with the procedure laid down in ►M2 ◄4.2.
4.4. Any Member State refusing EEC pattern approval shall inform the other
Member States and the Commission of such refusal.
5. MARKS RELATING TO EEC PATTERN APPROVAL5.1.MarkofEECpatternapproval (see 3.1)
Example:
EEC pattern approval granted by the
Federal Republic of Germany in 1979,
pursuant to the first separate Directive.
EEC pattern approval number.
5.2.MarkofexemptionfromEECpatternapproval (see 3.2)
Example:
 Vessel constructed in Germany in 1979
and not subject to EEC pattern approval
pursuant to the first separate Directive.
Reference number of the category not
subject to EEC pattern approval if so
provided in the separate Directive.
5.3.MarkofEECpatternapprovalandexemptionfromEECverification
(see 3.3)
Example:
 EEC pattern approval issued by the
Federal Republic of Germany in 1979,
pursuant to the first separate Directive.
EEC pattern approval number.1976L0767 — EN — 01.01.1995 — 005.001 — 11
▼M2
▼B
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5.4.Mark ofexemption from EECpatternapprovalandfrom EECveri-
fication(see 3.4)
Example:
 Vessel constructed in Germany in 1979
and not subject to EEC pattern approval
pursuant to the first separate Directive.
Reference number of the category not
subject to EEC pattern approval if so
provided in the separate Directive.
5.5. The separate Directives may specify the placing and dimensions of the
marks relating to EEC pattern approval.
Unless otherwise indicated in the separate Directives, the letters and
numbers in each mark must be at least 5 mm high.1976L0767 — EN — 01.01.1995 — 005.001 — 12
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ANNEX II (1)
EECVERIFICATION
1. GENERAL
1.1. EEC verification may be carried out in one or more stages.
1.2. Subject to the requirements of the separate Directives:1.2.1. EEC verification shall be carried out in one stage only on vessels
which constitute a whole on leaving the factory, that is to say vessels
which, theoretically, can be transferred to their place of installation
without first having to be dismantled;
1.2.2. the verification of vessels not dispatched in one piece shall be carried
out in two or more stages;
1.2.3. verification must in particular ensure that the vessel conforms to the
approved pattern or, in the case of vessels exempt from EEC pattern
approval, to the requirements laid down by the relevant separate
Directive.
2. NATURE OF EEC VERIFICATION
2.1. Subject to the requirements of the separate Directives the verification
shall entail:
— examination of the characteristics of the materials,
— checking of the design calculations, method of manufacture, work-
manshipand materials used,
— an internal examination consisting of a check on the internal parts
and the welding,
— a pressure test,— inspection of any safety devices and measuring equipment fitted,— an external examination of the various parts of the vessel,— a performance test where this is prescribed in the separate Direc-
tives.
3. EEC VERIFICATION MARKS3.1.DescriptionofEECverification marks
3.1.1. Subject to the requirements of separate Directives, EEC verification
marks which are affixed in accordance with 3.3 shall be as follows:
3.1.1.1. The EEC final verification mark shall be composed of two stamps:
3.1.1.1.1. The first consisting of a letter ‘e’ containing:
— in the upper half, the capital letter(s) identifying the State in
which the verification is carried out ►
A2(B for Belgium, D for
Germany, DK for Denmark, E for Spain, F for France, ►M1EL
for Greece ◄, I for Italy, IRL for Ireland, L for Luxembourg, N
L for the Netherlands, P for Portugal, UK for the United Kingdom
►A3, A for Austria, S for Sweden, FI for Finland ◄)◄
together, where necessary, with one or two numbers identifying a
territorial subdivision,
— in the lower half, the mark of the inspection body affixed by the
verifying agent, together with the mark of the verifying agent if
appropriate;
3.1.1.1.2. the second stampconsisting of the date of verification in a hexagon
described with the accuracy required by the separate Directives;1976L0767 — EN — 01.01.1995 — 005.001 — 13
(1) See the Appendix to Annexes I and II.
▼B
3.1.1.2. The EEC partial verification mark shall consist solely of the first
stamp(1).
3.2.Shapeanddimensionsofmarks
3.2.1. An example of the stamps described in 3.1.1.1.1 and 3.1.1.1.2 is illu-
strated in figures 1 and 2 below.
The separate Directives may specify the placing and dimensions of
the EEC verification marks.
Unless otherwise indicated in the separate Directives, the letters and
numbers of each mark must be at least 5 mm high.
3.2.2. The inspection bodies of the Member States shall mutually exchange
copies of the drawings of the EEC verification marks.
3.3.Affixingthemarks
3.3.1. The EEC final verification mark shall be affixed in the required posi-
tion on the vessel when the latter has been finally verified and is
recognized as conforming to EEC requirements.
3.3.2. Where verification is carried out in more than one stage, the EEC
partial verification mark shall be affixed at the place of manufacture
on the vessel or part of a vessel which is recognized as conforming to
EEC requirements at that stage of the inspection procedure, and in the
place specifically provided for the stamping place or in any other
place specified in the separate Directives.1976L0767 — EN — 01.01.1995 — 005.001 — 14
(1)Explanatory note on the EEC final verification mark and EEC partial verification mark
If a vessel cannot be assembled at its place of manufacture, or if transporting it is likelyto affect its characteristics, EEC verification shall be carried out as follows:— verification of the vessel at its place of manufacture by an inspection body of the
country of origin which, providing the vessel conforms to EEC requirements, shall
affix the ‘e’ stampdescribed in 3.1.1.1.1 and known as the EEC p artial verification
mark,
— final verification of the vessel at its place of installation by an inspection body of
the country of destination which, providing the vessel conforms to EEC require-ments, shall affix the stampdescribed in 3.1.1.1.2 which, together with the EEC
partial verification mark, forms the EEC final verification mark.
▼B
Figure1
Figure21976L0767 — EN — 01.01.1995 — 005.001 — 15
▼B
Appendixto Annex es I and II
TableillustratingthevariouspossiblecombinationsforEECpatternapprovalorEECverification
1976L0767 — EN — 01.01.1995 — 005.001 — 16
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ANNEX III
Minimum criteria to be taken into account by Member States when
appointinginspectionbodiestocarry outEECverification
1. The inspection body, its director and the staff responsible for carrying out the
verification tests may not be the designer, manufacturer, supplier, installer of
vessels or installations which they inspect, nor the authorized representative
of any of those parties. They may not become directly involved in the design,
construction, marketing, representation or maintenance of the vessels orinstallations, nor represent the parties engaged in these activities. This does
not preclude the possibility of exchanges of technical information between
the manufacturer and the inspection body.
2. The inspection body and its staff must carry out the verification tests with the
highest degree of professional integrity and technical competence and must
be free from all pressures and inducements, particularly financial, which
might influence their judgement or the results of the inspection, especially
from persons or groups of persons with an interest in the results of verifica-
tions.
3. The inspection body must have at its disposal the necessary staff and possess
the necessary means for it to perform properly the administrative and tech-
nical tasks connected with verifications; it must also have access to the
equipment required for special verifications.
4. The staff responsible for inspection must have:
— sound technical and professional training,
— satisfactory knowledge of the requirements of the tests they carry out and
adequate experience of such tests,
— the ability to draw upthe certificates, records and rep orts required to
authenticate the performance of the tests.
5. The impartiality of inspection staff must be guaranteed. Their remuneration
must not depend on the number of tests carried out, nor on the results of
such tests.
6. The inspection body must take out a third party insurance policy unless civil
liability is assumed by the State in accordance with national law, or the
Member State itself is directly responsible for the tests.
7. The staff of the inspection body shall be bound to observe professional
secrecy with regard to all information gained in carrying out its tasks (except
vis-à-vis the competent administrative authorities of the State in which its
activities are carried out) under this Directive and the separate Directives or
any provision of national law giving effect to them.1976L0767 — EN — 01.01.1995 — 005.001 — 17
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ANNEX IV
DEFINITIONS
Countryoforigin: Member State where the pressure vessel was manufactured.
Recipient country: Member State into which a pressure vessel is to be
imported, or in which it is to be marketed and/or placed into service.
Administration of origin: The competent administrative authorities of the
country of origin.
Recipientadministration: The competent administrative authorities of the reci-
pient country.
PROCEDURE
1. Where a manufacturer wishes to export a pressure vessel, or more than
one pressure vessel of a single type, he or his representative shall forward
an application, directly or through the importer in the recipient country,
to the recipient administration, citing Article 22 and asking for the verifi-
cation tests to be carried out in accordance with the methods laid down in
the recipient country by an inspection body other than those of the reci-
pient country.
In his application, the manufacturer or his representative shall indicate
which inspection body he has chosen. The choice must be made from
the list sent in by the country of origin under Article 13. However, by
way of exception to this procedure, in the case of vessels constructed
specially to a single order in very small numbers or vessels designed for
a complex installation manufactured in accordance with the information
and specifications provided by the customer or a consultancy bureau
appointed by him, an inspection body in the Member State of origin shall
be chosen by the customer, whether or not included on the list referred to
in Article 13, provided the recipient administration agrees to the choice.
The recipient administration shall inform the administration of origin of
the decisions it had taken on the matter.
The name of the customer or importer, if known, must be shown in the
application.
The application shall be accompanied by a file containing drawings and
calculations relating to the vessel or pattern, specifications of the mate-
rials, information on the manufacturing processes involved, and details
of the verification methods during manufacture, together with any other
information which the manufacturer or his representative consider may
help the recipient administration's decision as to whether a pressure
vessel, or vessels of the same pattern, conforming to the plans, satisfies
the statutory requirements for pressure vessels in the recipient country.
The documents shall be forwarded in quadruplicate in the language or
languages of the recipient country or in another language acceptable to
that country.
2.2.1. The recipient administration shall acknowledge receipt of the file as soon
as it is received.
2.2.2.2.1. If the recipient administration considers that the file received contains all
the information required under section 1, it shall have three months from
the date of receipt of the file to conduct a substantive examination of the
documents in the file.
2.2.2. If the recipient administration considers that the file received does not
contain all the information required under section 1, it shall have one
month from the date of receipt of the file to inform the applicant of the
further details which should be supplied. On receipt of the file duly
completed, the procedure in 2.2.1 shall be followed.
2.3.2.3.1. If it is apparent from a substantive examination of the file that the vessel,
or the vessels of a single type have been produced or are intended to be
produced in accordance with the relevant documents, and satisfy the stat-
utory requirements for pressure vessels in the recipient country or may be1976L0767 — EN — 01.01.1995 — 005.001 — 18
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accepted if a derogation from these requirements is granted, the recipient
administration shall notify the applicant accordingly within the period
laid down in 2.2.1.
If the vessel, or the vessels of a single type, covered by the application
are not subject to regulations in the recipient country, the recipient
administration may require that the regulations governing pressure vessels
in the country of origin are complied with.
2.3.2. If it is apparent from a substantive examination of the file that the vessel,
or the vessels of a single type, have been produced or are intended to be
produced in accordance with the relevant documents, but do not satisfy
the statutory requirements for pressure vessels in the recipient country
and may not be granted a derogation from these requirements, the reci-
pient administration shall notify the applicant accordingly within the
period laid down in 2.2.1, and shall indicate which provisions have not
been complied with and which provisions must be complied with if the
vessel, or the vessels of a single type are to be accepted. It shall also
inform the applicant of the manufacturing requirements and the checks,
tests and verifications required by the regulations on pressure vessels
which are in force in the recipient country.
If the applicant is prepared to amend the design, manufacturing process
and/or verification methods relating to the vessel, or the vessels of a
single type, so as to satisfy the required conditions, he shall amend his
file accordingly. On receipt of the amended file, the procedure outlined
in 2.2.1 shall be followed, but the period for examination shall be
reduced to two months.
2.3.3. The criteria used by the recipient administration for granting or refusing
the derogations referred to in 2.3.1 and 2.3.2 shall be the same as those
currently applied for manufacturers established in the recipient country.
2.4. The fees, taxes or other charges for the examination of the file shall be
those laid down by the rules applying in the recipient country.
3. The inspection body chosen in accordance with section 1 shall carry out
the operations required of it by the recipient administration.
4. After carrying out the checks, tests and verifications required by the reci-
pient administration, and establishing that the results are satisfactory, the
inspection body shall issue to the manufacturer or his representative, and
to the recipient administration, the reports on these checks, tests and veri-
fications, and certificates confirming that the checking, testing and
verification methods used and the results obtained comply with the
requirements of the recipient country.
If the results of the checks are not satisfactory, the inspection body shall
inform the applicant and the recipient administration.
These documents must be drawn upin the language of the recip ient
country or in another language acceptable to it.
5. The fees, taxes or charges for carrying out these checks and tests shall be
in accordance with the rules of the inspection body.
6. The recipient administration must ensure that all plans and documents
forwarded to it remain confidential.1976L0767 — EN — 01.01.1995 — 005.001 — 19