COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.05.1998 
COM(1998) 286 final 
97/0011 (SYN) 
• Amended Proposal 
fora 
COUNCIL DIRECTIVE 
ON TRANSPORTABLE PRESSURE EQUIPMENT 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
A. On 8 January 1997 the Commission submitted to the Council a proposal for a 
Directive on transportable pressure equipment (COM(96) 674 final - SYN 
97/0011'). 
On 10 July 19972 the Economic and Social Committee gave a favourable opinion. 
On 19 February 19983 the European Parliament gave an opinion on the proposal 
at the first reading. 
The Commission accepts amendments 4,6,7, 10, 11, 12 and 19, for the following 
reasons : 
amendment 4 because the proposed text is more accurate ; 
amendments 6, 10 and 19 because the proposed dates are more realistic ; 
amendment 7 because the extension of the scope to non-reiillable, is consistent 
with the objectives of the proposal ; 
- amendment 11 because the conformity of new equipments is also made by type 
"A" inspection bodies ; 
- amendment 12 because the possibility of doing periodic testing in different 
Member States is consistent with the proposal. 
The Commission accepts amendment 20 but only concerning the date. 
The Commission accepts amendments 9, 15 and 23 (the deletion of type UC" 
inspection bodies) if point 4 of Annex III is deleted (the definition of type "IV 
inspection bodies is extended). 
The Commission could not accept the other amendments proposed by the 
Parliament for the following reasons: 
- Amendment 1 is rejected since this whereas clause is limited to the main 
objective of the proposal, i.e. transport safety; 
- Amendments 2 and 3 are rejected, since, although they are primarily editorial 
changes, the Commission considers the proposed text more accurate; 
1 O.J. No. C95 of 24.03.1997, p. 2 
2 O.J. No. C296 of 26.09.1997, p. 6. 
3 O.J. No. 
Amendment 14 is rejected, since the limitation only to existing type B 
inspection bodies is too restrictive and would prevent new type B inspection 
bodies entering the market; 
Amendments 16 and 20 are rejected since the Commission considers that 
frequency of controls upon bodies and the detailed penalty arrangements 
rightly fall under the competence of the Member States; 
Amendment 22 is also rejected since this modification, which does not allow 
an undertaking to do the maintenance and the periodic testing of an equipment 
is too restrictive. 
B. The Commission therefore modifies its proposal as follows: 
Amendment No. 4: adds "sufficiently" to the word independent. 
Amendments No. 6. 10. 19 and 20: delay the date 
Amendment No. 7: extents the scope to non-relillable 
Amendments No. 9. 15. 23 and 9 bis: delete type C inspection bodies and extend 
the definition of type B inspection bodies 
Amendment No. 11 : limits the reassessment of existing extension to type A 
inspection bodies 
Amendment No. 12: provides the possibility of doing the periodic testing in the 
different Member States. 
Amended Proposal 
fora 
COUNCIL DIRECTIVE 
on transportable pressure equipment 
The Commission proposal in document COM(96) 674 final - SYN 97/0011 is amended 
as follows: 
Text initially proposed by the Commission Amended text 
(Amendment 4) 
Recital 11 
Whereas Member States have to designate 
inspection bodies entitled to perform the 
conformity assessment procedures and 
periodic inspections and they also have to 
ensure that such bodies are independent, 
efficient and professionally capable to 
carry out their appointed tasks; Whereas member States have to designate 
inspection bodies entitled to perform the 
conformity assessment procedures and 
periodic inspections and they also have to 
ensure that such bodies are sufficiently 
independent, efficient and professionally 
capable to carry out their appointed tasks; 
Text initially proposed by the Commission Amended text 
(Amendment 6) 
Article 1(3) 
3. Transportable pressure equipment placed 
on the market before 1 January 1999 which 
does not meet the requirements of Council 
Directives 94/55/1 iC and 96/49/HC does 
not fall within the scope of this Directive. 3. Transportable pressure equipment placed 
on the market before 1 July 1999 which 
does not meet the requirements of Council 
Directives 94/55/HC and 96/49/BC does 
not fall within the scope of this Directive. 
ext initially proposed by the Commission Amended text 
(Amendment 7) 
Article 2, 1st indent 
'transportable pressure equipment' shall 
mean œfillâhk equipment, including 
valves and other accessories of Class 2 
of the Annexes to Council Directives 
94/55/RC and 96/49/BC, approved for 
the transport of gases of Class 2, as well 
as for the transport of stabilised 
hydrogen cyanide of Class 6.1 and 
hydrogen fluoride, anhydrous and 
hydro(luoric acid solution of Class 8; it 
shall include receptacles, demountable 
tanks, tank containers (portable tanks), 
and tanks of tank wagons, tanks or 
receptacles of battery vehicles and tanks 
of tank vehicles as defined in marginal 
2211 and 10 014, 211 and Appendices X 
and XI, paragraph 1.1.3 respectively of 
the Annexes to those directives; - 'transportable pressure equipment' shall 
mean equipment, including valves and 
other accessories of Class 2 of the 
Annexes to Council Directives 
94/55/EC and 96/49/EC, approved for 
the transport of gases of Class 2, as well 
as for the transport of stabilised 
hydrogen cyanide of Class 6.1 and 
hydrogen fluoride, anhydrous and 
hydrofluoric acid solution of Class 8; it 
shall include receptacles, demountable 
tanks, tank containers (portable tanks), 
and tanks of tank wagons, tanks or 
receptacles of battery vehicles and tanks 
of tank vehicles as defined in marginals 
2211 and 10 014, 211 and Appendices X 
and XI, paragraph 1.1.3 respectively of 
the Annexes to those directives; 
Text initially proposed by the Commission Amended text 
(Amendment 9) 
Article 2, 6th indent 
type C inspection body' shall mean a 
body designated by the national 
competent authority of a Member State 
in conformity with Article 7 and 
meeting the criteria of Annexes I and Deleted 
Text initially proposed by the Commission Amended text 
(Amendment 10) 
Article 3( 1 
1. New transportable pressure equipment, 
with the exception of gas cylinders bearing 
an E mark in accordance with Council 
Directives 84/525/EEC, 84/526/EEC and 
84/527/EEC, placed on the market or put 
into service on or after 1 January 1999 
shall meet the provisions applicable to 
equipment of Class 2 of the Annexes to 
Council Directive 94/55/EC and 96/46/EC. 
Compliance of such transportable pressure 
equipment with these provisions shall be 
proven exclusively in accordance with the 
eonlbrmily assessment procedures set out 
in Annex V, part 1 and specified in Annex 
VI. 1. New transportable pressure equipment, 
with the exception of gas cylinders bearing 
an E mark in accordance with Council 
Directives 84/525/EEC, 84/526/EEC and 
84/527/EEC, placed on the market or put 
into service from 1 July 1999 shall meet 
the provisions applicable to equipment of 
Class 2 of the Annexes to Council 
Directive 94/55/EC and 96/49/EC. 
Compliance of such transportable pressure 
equipment with these provisions shall be 
proven exclusively in accordance with the 
conformity assessment procedures set out 
in Annex V, part I and specified in Annex 
VI. 
Text initially proposed by the Commission Amended text 
(Amendment 11) 
Article 4(1) 
1. lor transportable pressure equipment 
mentioned in Article l(2)(b) compliance of 
such equipment with the provisions of the 
Annexes to Council Directives 94/55/EC 
and 96/49/EC shall be proven exclusively 
in accordance with the procedures for 
periodic inspection in Annex V, part II. 1. for transportable pressure equipment 
mentioned in Article l(2)(b) compliance of 
such equipment with the provisions of the 
Annexes to Council Directives 94/55/EC 
and 96/49/EC shall be proven exclusively 
in accordance with the procedures for 
periodic inspection in Annex V, part II, 
provided that the reassessment of existing 
transportable pisssuie. equipment as 
defined in Article 1(2VbV third indent, of 
this Directive is undertaken by a type A 
inspection body. 
Text initially proposed by the Commission Amended text 
(Amendment 12) 
Article 4(2a) (new) 
2a. Member States may not prohibit the 
submission for periodic testing of the 
pressure equipment referred to in Article 
H2)(b) irrespective of the Member State of 
first approval. 
Text initially proposed by the Commission Amended text 
(Amendment 15)* 
Article 7 
Article 7 
1. Member States shall likewise inform the 
Commission and the other Member States 
of the type C inspection bodies which they 
have appointed, in accordance with the 
criteria of paragraph 2. to carry out periodic 
inspections of transportable pressure. 
equipment defined in Article 2. to ensure 
continued compliance with the relevant 
provisions of Council Directives 94/55/EC 
and 96/49/EC in accordance with the 
procedures laid down in Annex V. part II. 
modules 1 or 2. including the specific tasks 
which these bodies carry out on behalf of 
the competent authority and the 
identification numbers assigned to them 
beforehand by the Commission. 
The Commission shall publish in the 
Official Journal of the European 
Communities a list of the designated 
type C inspection bodies, with their 
identification numbers and the tasks for 
which they have been designated. The 
Commission shall ensure that this list is 
kept up to date, Deleted, 
2. Member States shall apply the criteria 
set out in Annexes 1 and IV for the 
designation, of type C inspection bodies. 
Each inspection body shall submit to the 
Member State which intends to designate it 
complete information concerning. and 
evidence of. compliance with the criteria in 
Annexes I and IV. 
3. A Member State which has designated 
an inspection body of type C shall 
withdraw such a designation if it finds that 
the body no longer meets the criteria 
referred to in paragraph 2 above. It shall 
immediately inform the Commission and 
the other Member States oi such 
withdrawal of a designation. 
This amendment entails deletion of all references to Article 7 and to type C 
inspection bodies throughout the text of the proposal and its annexes. 
Text initially proposed by the Commission Amended text 
(Amendment 19) 
Article 13(1) 
1. The Member States shall adopt and 
publish the laws, regulations and 
administrative provisions necessary for 
them to comply with this Directive before 
30 June 1998. They shall forthwith inform 
the Commission thereof. 
When the Member States adopt those 
measures they shall include references to 
this Directive or shall accompany them 
with such references on their official 
publication. The Member States shall lay 
down the manner in which such references 
shall be made 
Member States shall apply these provisions 
from 1 January 1999. 1. The Member States shall adopt and 
publish the laws, regulations and 
administrative provisions necessary for 
them to comply with this Directive before 
1 January 1999, They shall forthwith 
inform the Commission thereof. 
When the Member States adopt those 
measures they shall include references to 
this Directive or shall accompany them 
with such references on their official 
publication. The Member States shall lay 
down the manner in which such references 
shall be made. 
Member States shall apply these provisions 
from 1 July 1999. 
Text initially proposed by the Commission Amended text 
(Amendment 20) 
_____ 
3. Member States shall lay down the 3. Member States shall lay down the 
system of penalties for breaching the system of penalties for breaching the 
national provisions adopted pursuant to this national provisions adopted pursuant to this 
Directive and shall take all the measures Directive and shall take all the measures 
necessary to ensure that those penalties are necessary to ensure that those penalties are 
applied. The penalties thus provided for applied. The penalties thus provided for 
shall be effective, proportionate and shall be effective, proportionate and 
dissuasive. Member Stales shall notify the dissuasive. Member States shall notify the 
relevant provisions to the Commission not relevant provisions to the Commission not 
later than 30 June 1998 and shall notify any later than I January 1999 and shall notify 
subsequent changes as soon as possible. any subsequent changes as soon as 
possible. 
ext initially proposed by the Commission Amended text 
(Amendment 9bis) * 
Annex 111(4) 
_ Inspection services shall only be 
supplied to the organisation of which the 
inspection body forms a part and the clients 
to whom they supply gas, Deleted 
This amendment is a consequence of amendments 9,15 and 23. 
Text initially proposed by the Commission Amended text 
(Amendment 23)* 
Annex IV 
Annex IV 
Criteria supplementary to Annex 1 to be 
met by designated inspection bodies of 
type C referred to in Article 7 
There shall be a clear separation of the 
responsibilities of the inspection personnel 
from those of the personnel employed in 
the other functions. which shall he. 
established by organisational identification 
and the reporting methods of the inspection 
body within the parent organisation. Deleted 
Annexes V, VI and VII are renumbered IV, V and VI respectively and all references 
thereto are changed accordingly 
10 
ISSN 0254-1475 
COM(98) 286 final 
DOCUMENTS 
EN 07 10 08 
Catalogue number : CB-CO-98-294-EN-C 
ISBN 92-78-35583-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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