1976L0767 — EN — 01.01.1981 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 27July 197 6
on the approximation of the laws of the Member States relating to common provisions for pressure
vessels and methods of inspecting them
(76/767/EEC)
(OJ L 262, 27.9.1976, p. 153)
Amended by:
Official Journal
No page date
►A1 Act of Accession of Greece L 291 17 19.11.1979
▼B
COUNCIL DIRECTIVE
of 27July 197 6
on the approximation of the laws of the 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 maycreate 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 same
requirements apply in each of the Member States, either in addition to orin 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 MemberState to another; whereas in order to achieve free movement of pressurevessels within the common market and to avoid multiple inspectionswhich are in effect barriers to the free movement of vessels,arrangements should be made for the mutual recognition of inspection
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 appointing
the bodies responsible for carrying out verifications should be
harmonized;
Whereas the presence on a pressure vessel of the EEC marks showing
that it has undergone the appropriate inspections indicates that it satisfiesthe 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 inspection ofsuch 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 technical progress;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 States and theCommission, within the Committee on the adaptation to technical1976L0767 — EN — 01.01.1981 — 001.001 — 2
(1) OJ No C 2, 9. 1. 1974, p. 64.
(2) OJ No C 101, 23. 11. 1973, p. 25.
▼B
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 be madefor a procedure to reduce this hazard,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
Definitions and basic principles
Article 1
1. For the purposes of this Directive, ‘pressure vessel’ means any
fixed or movable vessel or receptacle in which an effective pressure ofmore 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 propulsion
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 relate and,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 itsparticular 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 the marketing
and placing into service of an EEC-type pressure vessel which complieswith the requirements of this Directive and the separate Directiverelating 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
certificate and of the inspection body carrying out the verification of thevessel shall be confined to examinations carried out in accordance with1976L0767 — EN — 01.01.1981 — 001.001 — 3
▼B
the requirements of the relevant separate Directives, and to the
operations assigned to them by this Directive.
CHAPTER II
EEC pattern approval
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 requirementsof the separate Directive relating to that particular category of pressure
vessel.
3. An application for EEC pattern approval for a given type of
pressure 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 examinationshall make out an EEC pattern approval certificate which shall beforwarded to the applicant concerned.
Where this approval relates to a vessel which is subject to EEC
verification, the manufacturer must affix to it the approval mark referredto in 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 an
application has been made for EEC verification, the manufacturer shall,on his own responsibility, before verification takes place, affix topressure vessels in this category the special mark described in 3.2 ofAnnex I.
Article 9
1. A Member State which has granted EEC pattern approval must
withdraw it if any conditions laid down in a separate Directive pursuantto 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 granted failto 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 safety hazard;
(b) it must withdraw the approval if the changes constitute a safety
hazard;
(c) it shall request the manufacturer to make the appropriate
manufacturing changes as soon as possible if it considers that thebatch produced no longer corresponds to the approved pattern. Itmust withdraw the approval if the manufacturer fails to comply withthis request.1976L0767 — EN — 01.01.1981 — 001.001 — 4
▼B
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 inparagraphs 1, 2 and 3, it shall, after consulting that State, act inaccordance 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 Member
State which has granted EEC pattern approval and those of anotherMember State, the Commission shall be kept informed. It shall wherenecessary, hold appropriate consultations in order to arrive at a solution.
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
EEC verification
Article 10
EEC verification shall serve to establish whether a pressure vessel
conforms with the requirements of the separate Directive relating to it; itshall 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 is to
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 and lay
down such conditions as they consider necessary at national level toensure 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
functions of inspection and any subsequent amendments to this list,specifying whether these bodies are only allowed to carry out certaininspections.
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 indicatewhether the appointment has been withdrawn completely or only inrespect of certain inspections.1976L0767 — EN — 01.01.1981 — 001.001 — 5
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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 finalverification marks to the vessel in accordance with the arrangements laid
down 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 hisown responsibility, after verifying that each pressure vessel satisfies therequirements of the separate Directive and, if appropriate, conforms to
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
Provisions common to EEC pattern approval and EEC verification
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 ancillary
equipment.
2. Member States shall take all the necessary measures to prohibit the
use on pressure vessels of marks or inscriptions liable to be confused
with the EEC marks.
CHAPTER V
Derogating clause
Article 17
1. The design of a pressure vessel and the methods used in its
manufacture 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 equivalentdegree of safety.
2. Each of the separate Directives shall specify clearly the provisions
from which such derogation is possible or the provisions from whichthere can be no derogation.
The following procedure should be observed in such cases:
(a) the Member State shall forward the documents giving the
description of the vessel and the documents supporting its requestfor derogation, including the results of any tests carried out, to theother Member States, which shall have a period of four months to
agree or disagree, submit any comments, questions, additional
requirements, requests for further tests, or, if they wish, to refer thematter to the Committee for its view in accordance with theprocedure laid down in Article 20. Copies of these documents shallbe sent to the Commission. Such correspondence shall beconfidential;1976L0767 — EN — 01.01.1981 — 001.001 — 6
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(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 MemberState shall after dealing with all the requests submitted under the
procedure set out in (a), grant the derogation requested and 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 of originmust in this case ask the Commission to confirm that there has beenno reply;
(d) if the matter has been referred to the Committee, and the Committee
has decided in favour, the Member State may grant the derogationunder any conditions that the Committee might propose;
(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
Adaptation of the Directives to technical 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 theelimination of technical barriers to trade in pressure vessels. It shall
consist of representatives of the Member States, with a Commission
representative 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 owninitiative 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 give
its 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 ►
A1forty-five ◄votes, the votes of the Member States
being weighted as provided in Article 148 (2) of the Treaty. Thechairman 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 be adopted.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 — 01.01.1981 — 001.001 — 7
▼B
CHAPTER VII
Safeguard clause
Article 21
1. Where a Member State has good grounds for believing that one or
more pressure vessels constitute a safety hazard, although satisfying therequirements of this Directive and the separate Directives, it maytemporarily prohibit the marketing of the vessel or vessels on its
territory or make it subject to special conditions. It shall immediately
inform the Commission and the other Member States thereof, giving thereasons for its decision.
2. The Commission shall consult the Member States concerned
within six weeks, then give its view without delay and take theappropriate 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 has takenthe safeguard measures may retain them until such modifications comeinto force.
CHAPTER VIII
Special provisions
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 aseparate 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 of thepressure vessel as to the corresponding national documents.
CHAPTER IX
Final provisions
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 in theMember State in question and of the time limits to which such remediesare subject.1976L0767 — EN — 01.01.1981 — 001.001 — 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 Directive arecommunicated to the Commission.
Article 25
This Directive is addressed to the Member States.1976L0767 — EN — 01.01.1981 — 001.001 — 9
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ANNEXI (1)
EEC PATTERN APPROVAL
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 up in 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
manufacture 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-
manship and 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
(B for Belgium, D for the Federal Republic of Germany, DK for
Denmark, F for France, I for Italy, IRL for Ireland, L for Luxembourg,
N L for the Netherlands, UK for the United Kingdom ►
A1, E for
Greece◄) 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 — 01.01.1981 — 001.001 — 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
4.1. EEC pattern approval certificates shall be published in the OfficialJournal
oftheEuropeanCommunities .
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 4.1 and 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 APPROVAL
5.1.Mark of EEC pattern approval (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.Mark of exemption from EEC pattern approval (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.Mark of EEC pattern approval and exemption from EEC verification
(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 — 01.01.1981 — 001.001 — 11
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5.4.Mark of exemption from EEC pattern approval and from EEC
verification (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 — 01.01.1981 — 001.001 — 12
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ANNEXII (1)
EEC VERIFICATION
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,
workmanship and 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
Directives.
3. EEC VERIFICATION MARKS
3.1. Description of EEC verification 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 (B for Belgium, D for the Federal
Republic of Germany, DK for Denmark, F for France, I for Italy,
IRL for Ireland, L for Luxembourg, N L for the Netherlands and
UK for the United Kingdom ►
A1, E for Greece ◄) 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 stamp consisting of the date of verification in a hexagon
described with the accuracy required by the separate Directives;
3.1.1.2. The EEC partial verification mark shall consist solely of the first
stamp (2).1976L0767 — EN — 01.01.1981 — 001.001 — 13
(1) See the Appendix to Annexes I and II.
(2)ExplanatorynoteontheEECfinalverificationmarkandEECpartialverificationmark
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’ stamp described in 3.1.1.1.1 and known as the EEC partial 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 requirements,shall affix the stamp described in 3.1.1.1.2 which, together with the EEC partial
verification mark, forms the EEC final verification mark.
▼B
3.2. Shape and dimensions of marks
3.2.1. An example of the stamps described in 3.1.1.1.1 and 3.1.1.1.2 is
illustrated 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. Affixing the marks
3.3.1. The EEC final verification mark shall be affixed in the required
position 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 — 01.01.1981 — 001.001 — 14
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Figure 1
Figure 21976L0767 — EN — 01.01.1981 — 001.001 — 15
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Appendix toAnnexesIandII
Table illustrating the various possible combinations for EEC pattern approval or EEC verification
1976L0767 — EN — 01.01.1981 — 001.001 — 16
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ANNEX III
Minimum criteria to be taken into account by Member States when
appointing inspection bodies to carry out EEC verification
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 verifications.
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 technical
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 up the certificates, records and reports 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 — 01.01.1981 — 001.001 — 17
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ANNEX IV
DEFINITIONS
Country of origin: 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.
Recipient administration: The competent administrative authorities of the
recipient 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 verification
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 recipient
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 materials,
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 thestatutory 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
statutory requirements for pressure vessels in the recipient country or may
be 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 recipient1976L0767 — EN — 01.01.1981 — 001.001 — 18
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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 recipient
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
recipient 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
verifications, 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 up in the language of the recipient
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 — 01.01.1981 — 001.001 — 19