Amended proposal for a Council Directive on transportable pressure equipment
Date: 1998-05-12
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, pressure equipment, safety standard, transport of dangerous goods

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 

for 

the 

'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 
transport  of  stabilised 
hydrogen  cyanide  of  Class  6.1  and 
hydrogen 
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; 

anhydrous 

fluoride, 

- 

for 

the 

'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 
transport  of  stabilised 
hydrogen  cyanide  of  Class  6.1  and 
hydrogen 
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; 

anhydrous 

fluoride, 

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 
to  Council 
the  Annexes 
Class  2  of 
Directive 
96/49/EC. 
and 
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. 

94/55/EC 

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 
as 
pisssuie. 
transportable 
defined  in  Article  1(2VbV  third  indent,  of 
this  Directive  is  undertaken  by  a  type  A 
inspection body. 

equipment 

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 

Deleted, 

transportable 

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 
pressure. 
inspections  of 
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 
the 
identification  numbers  assigned  to  them 
beforehand by the Commission. 

competent 

authority 

and 

Journal 

in  the 
The  Commission  shall  publish 
the  European 
of 
Official 
the  designated 
list  of 
Communities  a 
type C 
their 
inspection  bodies,  with 
identification  numbers  and  the  tasks  for 
which  they  have  been  designated.  The 
Commission  shall  ensure  that  this  list  is 
kept up to date, 

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 
information  concerning.  and 
complete 
evidence of.  compliance with the criteria in 
Annexes I and IV. 

inspection  body  of 

3.  A  Member  State  which  has  designated 
an 
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) 

the 

regulations 

1.  The  Member  States  shall  adopt  and 
and 
publish 
laws, 
administrative  provisions  necessary 
for 
them  to  comply  with  this  Directive  before 
30 June  1998. They  shall  forthwith  inform 
the Commission thereof. 

the 

regulations 

1.  The  Member  States  shall  adopt  and 
and 
publish 
laws, 
administrative  provisions  necessary 
for 
them  to comply  with  this  Directive  before 
forthwith 
1  January  1999,  They  shall 
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 

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. 

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  I  January  1999 and  shall  notify 
later than 30 June  1998 and shall notify any 
any  subsequent  changes  as  soon  as 
subsequent changes as soon as possible. 
possible. 

ext initially proposed by the Commission 

Amended text 

(Amendment 9bis) * 

Annex 111(4) 

Inspection 

shall  only  be 
services 
_ 
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 

Annex IV 

(Amendment 23)* 

Annex IV 

Deleted 

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 
shall  he. 
functions.  which 
the  other 
established  by  organisational  identification 
and the reporting methods of the inspection 
body within the parent organisation. 

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 

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)