COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 19.09.1996 
COM(%) 445 final - COD 462 
OPINION OF THE COMMISSION 
pursuant to Article 189 b (2) (d) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the 
proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
on the approximation of the laws, 
regulations and administrative provisions 
of the 
Member States 
relating to 
pressure equipment 
AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 189 a (2) of the EC Treaty 

OPINION OF THE COMMISSION 
1. Background 
(a) Aim of proposal 
This proposal for a Directive, based on Article 100a of the Treaty, aims to harmonise 
the national provisions forming barriers to trade which are justified by the need to 
protect persons and property against risks related to pressure. 
(b) Date of Commission Decision: 14 July, 1993. 
(c) Date of transmission to European Parliament and to Council: 15 July, 1993. 
(d) Date of the opinion of the Economic and Social Committee: 22 December, 1993. 
(e) Date of adoption of the common position: 29 March, 1996. 
(f) Response to Parliament's amendments in the common position: 
The amendments of the European Parliament on a first reading and accepted by the 
Commission have been incorporated into the common position, but with some 
drafting changes. The Council has not incorporated Parliament's amendments on a 
first reading which were not accepted by the Commission. 
(g) Date of European Parliament's decision on the Common position of Council: 
17 July, 1996. 
COM(93) 319 final 
2. 
Position of the European Parliament 
During the Plenary Session in July 1996, the European Parliament adopted 14 
amendments (see document PE A4-0217/96 annexed hereto) to the Common position 
of Council. These amendments: 
- request that exclusions from the scope must be regularly reviewed to ascertain 
whether it might become necessary to draw up technical harmonisation rules at 
Union level (amendment 1 - new recital); 
- request to review the application of directive 87/404/EEC to verify the need of its 
integration into the pressure equipment directive after a given period (amendment 2 
- new recital); 
- require that Committee 83/189/EEC should, if necessary, consult technical experts 
(amendment 3); 
- clarify the text in relation to the use of means of attestation procedures 
(amendments 4 and 9), to the scope (amendment 5) and to the obligation of 
manufacturers to demonstrate compliance with the directive (amendment 15); 
- require that safety measures at trade fairs shall be taken in cooperation with the 
competent authority of the Member State concerned (amendment 6); 
- simplify the text by merging two paragraphs (amendment 7); 
- require that for pressure equipment in the higher danger categories III and IV, 
inspection must always be carried out by a suitable qualified third party 
independent of designer/manufacturer (amendment 8); 
- promote cooperation between Member States in the framework of market 
surveillance (amendment 11); 
- require that the interpretation of the essential requirements must take into account 
the state of the art and current practice (amendment 12); 
- requires that approvals for personnel and operating procedures must be carried out 
with a view to the certification procedures applied and not with a view to the 
danger categories as foreseen by the Common position (amendment 13); 
- reinforces an essential requirement related to the risk of overheating (amendment 
14). 
3. Opinion of the Commission 
3.1 The Commission can accept the 12 following amendments 
- amendment 1, since it explains exclusions from the field of application and 
reminds that free circulation must be guaranteed in future for those products if 
current measures were to fail; 
- amendment 2, since it takes up a Commission statement in Council minutes 
promising to evaluate the usefulness to integrate directive 87/404/EEC into the 
pressure equipment directive in the light of gained experience; 
- amendment 3, since it stresses the need for consultation of technical experts, if 
necessary, by the 83/189 Committee, which was already foreseen in directive 
83/189/EEC as amended (article 5); 
- amendments which clarify the text: amendments 4 and 9 with respect to the use of 
conformity attestation procedures; amendment 5 with respect to the scope and 
amendment 15 with respect to the obligation of manufacturers to demonstrate 
compliance with the directive; 
- amendment 6, since it imposes on Member States the setting out of safety rules 
which must be followed at trade fairs; 
- amendment 7, since it simplifies the text by merging two paragraphs; 
- amendment 11, since it is in line with the general policy of the Commission on the 
development of administrative cooperation between Member States related to 
market surveillance; 
- amendment 12, since it underlines the evolutionary character of the essential 
requirements; 
- amendment 14, since it ensures alignment with other parts of the text ensuring 
thereby coherence. 
3.2 The Commission cannot accept the following amendments: 
- amendment 8, since it would not allow for the use of quality assurance as a means 
of conformity attestation which is foreseen by the common position. The use of 
these techniques is an important element of the Commission's industrial policy 
since they contribute to the creation of a business friendly regulatory environment 
allowing the strengthening of manufactures without lowering the level of safety to 
be achieved; 
- amendment 13, since a comprehensive and specific procedure for the approval of 
personnel and working procedures is already set out in the Common position. 
This specific procedure is independent from the product certification procedure 
applied. This amendment is therefore not only unnecessary but also in 
contradiction to the Common position. 
*** 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
Common position of the Council Modified proposal 
Recital 8a (new) 
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; 
Common position of the Council Modified proposal 
Recital 10 
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 harmonisation 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; 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 harmonisation 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; 
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; 
Common position of the Council Modified proposal 
Recital 15 
Whereas, for the purposes of this 
Directive, a harmonised standard is a 
technical specification (European standard 
or harmonisation 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, for the purposes of this 
Directive, a harmonised standard is a 
technical specification (European standard 
or harmonisation 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 
standardisation, 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; 
Common position of the Council Modified proposal 
Article 1(2.1.2.) 
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. 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. 
Common position of the Council Modified proposal 
Article 1 (3.2.) 
\ 
3.2. stream waterways such as 
penstocks, pressure tunnels, 
pressure shafts for hydroelectric 
installations and their related 
specific accessories; 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; 
10 
Common position of the Council Modified proposal 
Article 2 (3) 
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 authorised 
representative established within the 
Community. During demonstrations, 
adequate safety measures shall be taken to 
ensure the safety of persons. 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 
provision s 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 authorised 
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. 
it 
Common position of the Council Modified proposal 
Article 4(1.1.) and (1.2.) 
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. 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. 
1.2. Member States shall not, on grounds 
of the hazards due to pressures, 
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. 
12 
Common position of the Council Modified proposal 
Article 10 (2) (b) 
(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; (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: 
13 
Common position of the Council Modified proposal 
Article 16a (new) 
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 
quaranteeing compliance with the 
provisions of this Directive. 
14 
Common position of the Council Modified proposal 
Annex I, Preliminary Observations, 3a (new) 
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. 
15 
Common position of the Council Modified proposal 
Annex 1(5), second paragraph, introductory sentence 
This pressure equipment must be This pressure equipment must be 
calculated, designed and constructed so as calculated, designed and constructed so as 
to minimise risks of a significant loss of to avoid or minimise risks of a significant 
containment from overheating. In loss of containment from overheating. In 
particular it must be ensured, where particular it must be ensured, where 
applicable, that: applicable, that: 
16 
Common position of the Council Modified proposal 
Annex 1(7), first paragraph 
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. 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 
harmonised standards are applied, the 
manufacturer must demonstrate that 
appropriate measures have been taken to 
achieve an equivalent overall level of 
safety. 
17 

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COM(96) 445 final 
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