Re-examined proposal for a Council Directive on transportable pressure equipment
Date: 1999-04-20
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, pressure equipment, safety standard, transport of dangerous goods

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.04.1999
COM(1999) 151 final

97/0011 (SYN)

Re-examined proposal for a

COUNCIL DIRECTIVE

on transportable pressure equipment

(presented by the Commission pursuant to Article 189 c (d)
of the EC Treaty)

EXPLANATORY MEMORANDUM

On 8 January 1997 the Commission submitted to the Council a proposal for a Directive on
transportable pressure equipment (COM(96)674 final – SYN 97/00111).

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.

On 12 May 1998 the Commission submitted to the Council an amended proposal
(COM(1998)286 final – SYN 97/00114).

On 10 March 1999 the European Parliament amended the common position on the above-
mentioned proposal adopted by the Council on 30 November 19985.

Pursuant to Article 189 c (d) of the EC Treaty the Commission has re-examined its
proposal and has incorporated the amendment 2 which introduces the compulsory
notification to the Commission in case of undue marking.

The Commission could not accept the other amendments proposed by the European
Parliament for the following reasons:

– Amendment 1 is rejected since the reassessment of an existing receptacle by an
approved body is only a possibility ; the Member States who are going to allow this
possibility are the Member States who have already a large experience with approved
bodies and will authorise only some specific approved bodies for the reassessment
activities ; in these circumstances and also taking into account that a notified body has
previously reassessed the conformity of the type, unannounced visits by a notified body
are not necessary;

– Amendment 3 is rejected since this report is not necessary because the adaptations to
technical progress are laid down by Directives of the Commission and published in the
Official Journal ;

– Amendment 4 is rejected since this amendment is a consequence of amendment 1

already rejected.

Consequently, the text of the Commission’s re-examined proposal now reads as follows:

1 OJ C 95, 24.3.1997, p. 2.
2 OJ C 296, 26.9.1997, p. 6
3 OJ C 80, 16.3.1998, p. 217.
4 OJ C 186, 16.6.1998, p. 11.
5 OJ C 18, 22.1.1999, p. 1.

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Re-examined proposal for a

COUNCIL DIRECTIVE

on transportable pressure equipment

(Text with EEA relevance)

Common position

Re-examined proposal

(Amendment 2)

Article 12

or

his

the

owner

Without prejudice to Article 11, where a
Member State establishes that the marking
described in Annex VII has been affixed
unduly,
authorised
representative established in the Community
or the holder, or the manufacturer or his
authorised representative established within
the Community, shall be obliged to make the
transportable pressure equipment conform as
regards
the
marking and to end the infringement under
the conditions imposed by the Member
State.

concerning

provisions

the

Should non-conformity persist, the Member
State shall take all appropriate measures to
restrict or prohibit the placing on the market,
transport or use of the equipment in question
or to ensure that it is withdrawn from the
market or from circulation in accordance
with the procedure laid down in Article 11.

or

his

the

owner

Without prejudice to Article 11, where a
Member State establishes that the marking
described in Annex VII has been affixed
unduly,
authorised
representative established in the Community
or the holder, or the manufacturer or his
authorised representative established within
the Community, shall be obliged to make the
transportable pressure equipment conform as
regards
the
marking and to end the infringement under
the conditions imposed by the Member
State.

concerning

provisions

the

all

and

inform immediately

Should non-conformity persist, the Member
State
the
shall
appropriate
take
Commission
measures to restrict or prohibit the placing
on the market,
the
equipment in question or to ensure that it is
from
from the market
withdrawn
circulation in accordance with the procedure
laid down in Article 11.

transport or use of

or

3