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
Date: 1996-09-19
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, free movement of goods, pressure equipment, safety standard

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 

the 

existing 

Community 
Whereas 
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 
the  first  case  of 
pressure  vessels 
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; 

is 

is 

the 

existing 

Community 
Whereas 
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 
the  first  case  of 
pressure  vessels 
application  of  the  new  approach  to  the 
sector  of  pressure  equipment;  whereas  the 
present  Directive  will  not apply  to the  area 
87/404/EEC; 
covered 
whereas, no later  than  three  years after  the 
into  force,  a 
present  Directive  enters 
review  will  be  carried  out  of 
the 
application  of  Directive  87/404/EEC  in 
order 
the 
for 
integration 
the  present 
Directive;  whereas,  until  such  time,  the 
present  Directive  will not  apply  to the area 
covered by Directive 87/404/EEC; 

to  ascertain 
thereof 

the  need 
into 

by  Directive 

Common position of the Council 

Modified  proposal 

Recital  15 

for 

this 
Whereas, 
the  purposes  of 
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; 

for 

this 
Whereas, 
the  purposes  of 
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.) 

together 

connected 

2.1.2.  "Piping"  means  piping  components 
intended  for  the transport  of  fluids, 
for 
when 
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. 

together 

connected 

2.1.2.  "Piping"  means  piping  components 
intended  for  the  transport  of  fluids, 
for 
when 
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. 
exchangers 
consisting  of  pipes  for  the  purpose 
of  cooling  or  heating  air  shall  be 
considered as piping. 

Heat 

Common position of the Council 

Modified proposal 

Article 1  (3.2.) 

\ 

for 

the 

networks 
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; 

3.2. 

such 

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

their 

3.2. 

10 

Common position of the Council 

Modified  proposal 

Article 2 (3) 

At 

fairs, 

trade 

3. 
exhibitions, 
demonstrations,  etc.,  Member  States  shall 
the  showing  of  pressure 
not  prevent 
in 
equipment  or  assemblies  as  defined 
the 
in  conformity  with 
Article  1  not 
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 
authorised 
manufacturer 
by 
or 
established  within 
representative 
the 
Community. 
During  demonstrations, 
adequate  safety  measures  shall  be taken  to 
ensure the safety of persons. 

his 

At 

trade 

fairs, 

3. 
exhibitions, 
demonstrations,  etc.,  Member  States  shall 
the  showing  of  pressure 
not  prevent 
in 
equipment  or  assemblies  as  defined 
the 
in  conformity  with 
Article  1  not 
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 
authorised 
manufacturer 
or  by 
established  within 
representative 
the 
During  demonstrations, 
Community. 
appropriate  safety  measures  shall  be  taken 
in 
competent 
authority  of  the  Member  State  concerned 
to ensure the safety  of persons. 

cooperation  with 

the 

his 

it 

Common position of the Council 

Modified  proposal 

Article 4(1.1.) and (1.2.) 

the  hazards  due 
restrict  or 

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

in 

impede 

restrict  or 

1.2.  Member  States  shall  not, on  grounds 
of  the  hazards  due  to  pressures, 
prohibit, 
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. 

the  hazards  due 
restrict  or 

1.1.  Member  States  shall  not,  on  grounds 
of 
to  pressure, 
the 
prohibit, 
impede 
placing  on the  market  or  putting  into 
service under the conditions  specified 
the  manufacturer  of  pressure 
by 
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. 

12 

Common position of the Council 

Modified proposal 

Article 10 (2) (b) 

(b) 

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

the 

to 

(b) 

the  assessment  of  the  integration  of 
the 
the  various  components  of 
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 

for 

implementing 

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

compliance  with 

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 
are 
consistent with a high degree of health and 
safety protection. 

considerations  which 

15 

Common position of the Council 

Modified proposal 

Annex 1(5), second paragraph, introductory sentence 

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

from  overheating. 

This  pressure 
equipment  must  be 
calculated, designed  and constructed  so as 
to avoid or minimise risks of  a  significant 
loss of containment  from  overheating.  In 
particular 
it  must  be  ensured,  where 
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, 
must 
the  manufacturer 
that  appropriate  measures 
demonstrate 
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 

ISSN 0254-1475 

COM(96) 445  final 

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