A4-0217/96

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council Directive on the approximation of the laws of the Member States concerning pressure equipment (C4-0226/96 - 00/0462(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0226/96 - 00/0462(COD) ((OJ C 147, 21.5.1996, p. 1.)),

- having regard to its opinion at first reading ((OJ C 128, 9.5.1994, p. 61.)) on the Commission proposal to Parliament and the Council (COM(93)0319) ((OJ C 246, 9.9.1993, p. 1.)),

- having regard to the amended Commission proposal, COM(94)0278 ((OJ C 207, 27.7.1994, p. 5.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0217/96),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 8a (new)

>Text following EP vote>

Whereas other pressure equipment subject to a maximum allowable pressure higher than 0,5 bar and presenting a significant hazard due to pressure, but in respect of which free movement and an appropriate level of safety is guaranteed, is excluded from the scope of this Directive; whereas such exclusions should, however, be regularly reviewed in order to ascertain whether it is necessary to draw up rules at Union level;

(Amendment 2)

Recital 10

>Original text>

Whereas the existing Community Directives on the approximation of the laws of the Member States relating to pressure equipment have made positive steps towards removing barriers to trade in this area; whereas those Directives cover that sector only to a minor extent; whereas Council Directive 87/404/EEC of 25 June 1987 on the harmonization of the laws of the Member States relating to simple pressure vessels is the first case of application of the new approach to the sector of pressure equipment; whereas the present Directive will not apply to the area covered by Directive 87/404/EEC;

>Text following EP vote>

Whereas the existing Community Directives on the approximation of the laws of the Member States relating to pressure equipment have made positive steps towards removing barriers to trade in this area; whereas those Directives cover that sector only to a minor extent; whereas Council Directive 87/404/EEC of 25 June 1987 on the harmonization of the laws of the Member States relating to simple pressure vessels is the first case of application of the new approach to the sector of pressure equipment; whereas, no later than three years after the present Directive enters into force, a review will be carried out of the application of Directive 87/404/EEC in order to ascertain the need for the integration thereof into the present Directive; whereas, until such time, the present Directive will not apply to the area covered by Directive 87/404/EEC;

(Amendment 3)

Recital 15

>Original text>

Whereas, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization document) adopted by one or other of those bodies, or by both, at the request of the Commission pursuant to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations and in accordance with the general guidelines referred to above;

>Text following EP vote>

Whereas, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization document) adopted by one or other of those bodies, or by both, at the request of the Commission pursuant to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations and in accordance with the general guidelines referred to above; whereas, in relation to standardization, it would be advisable for the Commission to be assisted by the committee set up pursuant to Directive 83/189/EEC; whereas the committee will, if necessary, consult technical experts;

(Amendment 4)

Article 1(2.1.2.)

>Original text>

2. 1.2. 'Piping¨ means piping components intended for the transport of fluids, when connected together for integration into a pressure system. Piping includes in particular a pipe or system of pipes, tubing, fittings, expansion joints, hoses, or other pressure-bearing components as appropriate.

>Text following EP vote>

2. 1.2. 'Piping¨ means piping components intended for the transport of fluids, when connected together for integration into a pressure system. Piping includes in particular a pipe or system of pipes, tubing, fittings, expansion joints, hoses, or other pressure-bearing components as appropriate. Heat exchangers consisting of pipes for the purpose of cooling or heating air shall be considered as piping.

(Amendment 5)

Article 1(3.2.)

>Original text>

3.2. stream waterways such as penstocks, pressure tunnels, pressure shafts for hydroelectric installations and their related specific accessories;

>Text following EP vote>

3.2. networks for the supply, distribution and discharge of water and associated equipment and headraces such as penstocks, pressure tunnels, pressure shafts for hydroelectric installations and their related specific accessories;

(Amendment 6)

Article 2(3)

>Original text>

3. At trade fairs, exhibitions, demonstrations, etc., Member States shall not prevent the showing of pressure equipment or assemblies as defined in Article 1 not in conformity with the provisions of this Directive, provided that a visible sign clearly indicates their non-conformity and their non-availability for sale until brought into conformity by the manufacturer or by his authorized representative established within the Community. During demonstrations, adequate safety measures shall be taken to ensure the safety of persons.

>Text following EP vote>

3. At trade fairs, exhibitions, demonstrations, etc., Member States shall not prevent the showing of pressure equipment or assemblies as defined in Article 1 not in conformity with the provisions of this Directive, provided that a visible sign clearly indicates their non-conformity and their non-availability for sale until brought into conformity by the manufacturer or by his authorized representative established within the Community. During demonstrations, appropriate safety measures shall be taken in cooperation with the competent authority of the Member State concerned to ensure the safety of persons.

(Amendment 7)

Article 4(1.1.) and (1.2.)

>Original text>

1.1. Member States shall not, on grounds of the hazards due to pressure, prohibit, restrict or impede the placing on the market or putting into service under the conditions specified by the manufacturer of pressure equipment referred to in Article 1 which complies with this Directive and bears the CE marking indicating that it has undergone conformity assessment in accordance with Article 10.

>Text following EP vote>

1.1. Member States shall not, on grounds of the hazards due to pressure, prohibit, restrict or impede the placing on the market or putting into service under the conditions specified by the manufacturer of pressure equipment or assemblies referred to in Article 1 which comply with this Directive and bear the CE marking indicating that they have undergone conformity assessment in accordance with Article 10.

>Original text>

1.2. Member States shall not, on grounds of the hazards due to pressure, prohibit, restrict or impede the placing on the market or putting into service of assemblies referred to in Article 1 which comply with this Directive and bear the CE marking indicating that they have undergone conformity assessment in accordance with Article 10.

(Amendment 8)

Article 10(1.3.), introductory sentence

>Original text>

1.3. The conformity assessment procedures to be applied for the various categories are as follows:

>Text following EP vote>

1.3. The conformity assessment procedures to be applied for the various categories are as follows, bearing in mind that in the case of equipment in categories III and IV the inspection must in all cases be carried out by a suitably qualified third party independent from the designer/manufacturer:

(Amendment 9)

Article 10(2)(b)

>Original text>

(b) the assessment of the integration of the various components of the assembly as referred to in sections 2.3, 2.8 and 2.9 of Annex I shall be determined by the highest category applicable to the equipment concerned;

>Text following EP vote>

(b) the assessment of the integration of the various components of the assembly as referred to in sections 2.3, 2.8 and 2.9 of Annex I which shall be determined by the highest category applicable to the equipment concerned other than that applicable to any safety accessories;

(Amendment 11)

Article 16a (new)

>Text following EP vote>

Article 16a

Cooperation between Member States

Member States shall take appropriate measures to ensure that the authorities responsible for implementing this Directive cooperate with each other and provide each other and the Commission with the information which is required for guaranteeing compliance with the provisions of this Directive.

(Amendment 12)

Annex I, Preliminary Observations, 3a (new)

>Text following EP vote>

3a. The essential requirements are to be interpreted and applied in such a way as to take account of the state of the art and current practice at the time of design and manufacture as well as of technical and economic considerations which are consistent with a high degree of health and safety protection.

(Amendment 13)

Annex I(3.1.2.), fifth paragraph

>Original text>

To carry out these approvals the third party must perform examinations and tests as set out in the appropriate harmonized standards or equivalent examinations and tests or must have them performed.

>Text following EP vote>

To carry out these approvals the third party must perform examinations and tests as set out in the appropriate harmonized standards or equivalent examinations and tests or must have them performed. Account must be taken of the special certification procedure which the manufacturer intends to use.

(Amendment 14)

Annex I(5), second paragraph, introductory sentence

>Original text>

This pressure equipment must be calculated, designed and constructed so as to minimize risks of a significant loss of containment from overheating. In particular it must be ensured, where applicable, that:

>Text following EP vote>

This pressure equipment must be calculated, designed and constructed so as to avoid or minimize risks of a significant loss of containment from overheating. In particular it must be ensured, where applicable, that:

(Amendment 15)

Annex I(7), first paragraph

>Original text>

The following provisions apply as a general rule. However, where they are not applied, the manufacturer must demonstrate that appropriate measures have been taken to achieve an equivalent overall level of safety.

>Text following EP vote>

The following provisions apply as a general rule. However, where they are not applied, including in cases where materials are not specifically referred to and no harmonized standards are applied, the manufacturer must demonstrate that appropriate measures have been taken to achieve an equivalent overall level of safety.