I COMMISSION OF THE EUROPEAN COMVIUNITIES 
COM(94) 278 final - COO 462 
Brussels, 30.06.1994 
• jA»«:. 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending the proposal of the Commission on the approximation 
of the laws of the Member States concerning pressure 
equipment 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
EXPLANATORY MEMORANDUM 
On 19 April 1994 the European Parliament gave its opinion1 on the 
proposal for a Council directive on the approximation of the laws of 
the Member States concerning pressure equipment2. 
The 25 amendments adopted relate mainly to the field of application, to 
standardization and administration of the directive and also to 
technical requirements. 
The Commission accepted amendments concerning: 
editorial matters which improve the clarity and the intention of the 
text (amendments 2, 5, 6, 7 and 22); 
exclusion of equipment for vacuum intended to contain non-dangerous 
fluids from the scope of the directive (amendment 3); 
improvements of the clarity or safety level for technical 
requirements (amendments 14, 23, 24 and 25); 
responsibilities of competent authorities of Member States to ensure 
protection of persons at exhibitions. The precision is justified 
since these authorities are responsible for ensuring safety under 
these conditions (amendment 13); 
suppression of the possibility to use national standards where no 
harmonized standards exist since the procedures involved presuppose 
a time consuming screening procedure by those who prepare harmonized 
standards (amendments 15 and 16) thus delaying adoption of European 
standards; 
alignment of requirements concerning technical staff of user 
inspectorates with those for technical staff of notified bodies 
which in fact must be the same (amendment 19). 
The Commission did not accept amendments concerning: 
2 OJ N° C 246 of 09.06.1993 
consolidation of directive 87/404/EEC with the pressure equipment 
directive since such consolidation would only be justified if the 
pressure equipment proposal modified directive 87/404/EEC (amendment 
1); 
amendment related to the definition of accessories which may lead to 
misinterpretation (amendment 4); 
inclusion of military equipment in the scope because of its specific 
nature and the need for confidentiality (amendment 8); 
inclusion of equipment for nuclear use since complex regulations and 
extensive approval procedures apply which go beyond what is 
requested for pressure equipment (amendment 9); 
inclusion of equipment for petroleum and gas extraction because 
specific international standards and regulations are applied and no 
trade barriers exist (amendment 10); 
inclusion of pressure equipment for the transport of dangerous 
goods. That equipment must remain excluded since it will be covered 
by the future directive on the carriage of dangerous goods which is 
based on international transport agreements (amendment 11); 
an addition to article 2.2, specifying that measures relating to 
worker protection must not lead to trade barriers. Such an addition 
is not necessary since article 2 already specifically refers to the 
free movement of goods by reference to the Treaty (amendment 12); 
replacement of the 83/189 Committee by a special committee which 
would involve technical experts. This is not acceptable since the 
83/189 Committee is a horizontal instrument for all directives based 
on the new approach. Experts can be called by that Committee when 
necessary (amendment 17); 
further encouragement to use harmonized standards. The new approach 
directives include the appropriate encouragement i.e. if standards 
are applied the presumption of conformity applies and the proof of 
conformity to be supplied by the manufacturer is simplified 
considerably (amendment 18); 
information to be delivered in the framework of restriction or 
refusal procedures (article 13). This is not necessary as the 
directive already provides for this in conjunction with the 
safeguard clause in article 7 (amendment 20); 
intensification of restricting measures (article 14) since measures 
might be appropriate for either the placing on the market or the 
putting into service (amendment 21). 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending the proposal of the Commission on the approximation 
of the laws of the Hmnher States concerning pressure 
equipment 
Further to the Opinion given by the European Parliament on 19 April 
1994 on the proposal for a Council directive on the approximation of 
the laws of the Member States concerning pressure equipment and in 
accordance with the second paragraph of Article 189 A) of the Treaty on 
the European Union, the Commission decided to amend the aforementioned 
proposal as follows: 
INITIAL TEXT MODIFIED TEXT 
I. RECITAL 18a (new) 
Whereas the requirements laid down 
in the annexes should be made as 
clear as possible so as to allow 
all users, including SMEs, to 
comply with them as easily as 
possible; 
II. ARTICLE 1(1) 
1. This directive applies to the 1. This directive applies to the 
design, manufacture and conformity design, manufacture and conformity 
assessment of pressure equipment assessment of pressure equipment 
subject to an allowable pressure subject to an allowable pressure 
PS greater than 0.5 bar or less PS greater than 0.5 bar or, when 
than - 0.5 bar. intended to contain dangerous 
fluids, less than - 0.5 bar. 
III. ARTICLE 1(2) (10) 
10. 'hot water' means water which This amendment does not apply to 
is at a temperature above 110°C. the English version. 
IV. ARTICLE 1(3)(1) 
1. equipment as covered by 1. equipment as covered by 
directive 87/404/EEC; directive 87/404/EEC relating to 
simple pressure vessels; 
V. ARTICLE 1(3)(2) 
2. equipment as covered by 2. equipment as covered by 
directive 75/324/EEC; directive 75/324/EEC relating to 
aerosol dispensers; 
VI. ARTICLE 2<(3) 
3. At trade fairs, exhibitions, 
demonstrations, etc., Member 
States shall not prevent the 
showing of pressure equipment 
which does not conform to the 
provisions of this directive, 
provided that a visible sign 
clearly indicates that such 
pressure equipment does not 
conform and that it is not for 
sale until it has been brought 
into conformity by the 
manufacturer or his authorized 
representative established in the 
Community. Where non-conforming 
pressure equipment is to be 
pressurized during a demonstration 
it shall only be pressurized with 
the agreement of a notified body. 3. At trade fairs, exhibitions, 
demonstrations, etc., Member 
States shall not prevent the 
showing of pressure equipment 
which does not conform to the 
provisions of this directive, 
provided that a visible sign 
clearly indicates that such 
pressure equipment does not 
conform and that it is not for 
sale until it has been brought 
into conformity by the 
manufacturer or his authorized 
representative established in the 
Community. Where non-conforming 
pressure equipment is to be 
pressurized during a demonstration 
it shall only be pressurized with 
the agreement of a notified body. 
In consultation with the competent 
authorities of the Member States, 
appropriate safety measures must 
be taken at demonstrations to 
ensure the protection of persons. 
VII ARTICLE 3(1)(3)(a) 
(a) gases, liquefied gases and 
liquids at a temperature above 
their atmospheric-pressure 
boiling point including 
vapours and hot water with a 
DN greater than 32 and a 
product of PS and DN greater 
than 1000 bar; (a) gases, liquefied gases and 
liquids at a temperature above 
their atmospheric-pressure 
boiling point including 
vapours and hot water with a 
DN greater than 2_5 and a 
product of PS and DN greater 
than 1000 bar; 
VIII. ARTICLE 5(2)(b) 
(b) with the national standards 
applicable to them referred to 
in paragraph 4 in so far as, 
in the areas covered by such 
standards, no harmonized Deleted 
standards exist, 
IX. ARTICLE 5(4) 
4. Member States shall Deleted 
communicate to the Commission the 
texts of their national standards 
as referred to in paragraph 2(b) 
which they regard as complying 
with the essential requirements 
referred to in article 3. The 
Commission shall forward these 
national standards to the other 
Member States. In accordance with 
the procedure provided for in 
Article 6(2), it shall notify the 
Member States of those national 
standards which are presumed to 
conform with the essential 
requirements referred to in 
Article 3. 
X. ARTICLE 11(3) 
3. Member States shall apply the 3. Member States shall apply the 
criteria set out in ANNEX V for criteria set out in Annex V for 
the authorization of user the authorization of user 
inspectorates. User inspectorates inspectorates. User inspectorates 
that satisfy the criteria fixed by that satisfy the criteria fixed by 
the relevant harmonized standards the relevant harmonized standards 
shall be presumed to satisfy the shall be presumed to satisfy the 
relevant criteria. relevant criteria. The 
requirements for user 
inspectorates shall respect the 
criteria applicable to notified 
bodies pursuant to Annex IV(4). 
10 
XI. ANNEX 1(2.2.3), 4th indent 
avoiding access whilst 
pressure of vacuum exists, physically preventing access 
whilst pressure or vacuum 
exists, 
XII. ANNEX 1(3.1) 
3.1 Qualification of manufacturer 3.1 Assessment of manufacturer's 
The manufacturer shall have 
the technical capability and 
have at his disposal all 
appropriate means to carry out 
satisfactorily the manufacture 
of pressure equipment and in 
particular properly qualified 
personnel for the 
- surveillance of the whole 
manufacturing process 
- joining of materials 
- appropriate testing; capability 
The manufacturer shall have 
the technical capability and 
have at his disposal all 
appropriate means to carry out 
satisfactorily the manufacture 
of pressure equipment and in 
particular properly qualified 
personnel for the 
- surveillance of the whole 
manufacturing process 
- joining of materials 
- appropriate testing. 
The assessment of the 
manufacturer's capability shall 
always be carried out by an 
authorized body and shall take 
into account the special 
certification procedure which the 
manufacturer intends to apply. 
11 
XIII. ANNEX 1(3.2.4) 
Traceability of materials shall be Traceability of materials used in 
ensured at least up to the final the essential pressurized parts 
acceptance of the manufactured shall be ensured at least up to 
pressure equipment. the final acceptance of the 
manufactured pressure equipment. 
XIV. ANNEX 1(5), 2nd paragraph, introduction 
This pressure equipment shall be This pressure equipment shall be 
calculated, designed and calculated, designed and 
constructed so as ta minimize constructed so as to avoid or 
risks from the transfer of heat. minimize risks from the transfer 
In particular it shall be ensured, of heat. In particular it shall be 
where applicable, that: ensured, where applicable, that: 
ESN 0254-1475 
COM(94) 278 final 
DOCUMENTS 
EN 06 
Catalogue number : CB-CO-94-294-EN-C 
ISBN 92-77-71281-3 
Office for Officiai Publications of the European Communities 
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