Proposal for a Directive of the European Parliament and of the Council relating to simple pressure vessels (codified version)
Date: 2008-04-17
Institutions: European Commission
Subjects: Community certification, access to EU information, approximation of laws, codification of EU law, marketing, pressure equipment, quality label

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.4.2008 
COM(2008)202 final 

2008/0076 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to simple pressure vessels 

(codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

the  Edinburgh  European  Council 
The  Conclusions  of 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

The  purpose  of 
to  undertake  a  codification  of  Council 
Directive 87/404/EEC  of  25 June 1987  on  the  harmonization  of  the  laws  of  the 
Member States relating to simple pressure vessels3. The new Directive will supersede 
the  various  acts  incorporated  in  it4;  this  proposal  fully  preserves  the  content  of  the 
acts being codified and hence does no more than bring them together with only such 
formal amendments as are required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex IV, Part A of this proposal. 

1. 

2. 

3. 

4. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 87/404/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex V to the codified Directive. 

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(cid:208) 87/404/EEC (adapted) 

2008/0076 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to simple pressure vessels 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 95 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee1, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty2, 

Whereas: 

(1) 

Council  Directive  87/404/EEC of  25  June  1987  on  the  harmonization  of  the  laws  of 
the Member States relating to simple pressure vessels3 has been substantially amended 
several  times4.  In  the  interests  of  clarity  and  rationality  the  said  Directive  should  be 
codified. 

(cid:208)  

(2)  Member  States  have  the  responsibility  of  ensuring  the  safety  on  their  territory  of 
persons, domestic animals and property with regard to the hazards resulting from the 
leakage or bursting of simple pressure vessels. 

(cid:208) 87/404/EEC Recital 1 

1 
2 
3 
4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 220, 8.8.1987, p. 48. Directive as last amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1). 
See Annex IV, Part A. 

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(3) 

(4) 

(cid:208) 87/404/EEC Recital 2 

In  each  Member  State,  mandatory  provisions  define  in  particular  the  safety  level 
required of simple pressure vessels by specifying design and operating characteristics, 
conditions  of  installation  and  use  and  inspection  procedures  before  and  after  the 
placing on the market. These mandatory provisions do not necessarily lead to different 
safety levels from one Member State to another but do, by their disparity, hinder trade 
within the Community. 

(cid:208) 87/404/EEC Recital 5 (adapted) 

This  Directive  therefore  ⌦ should ⌫  only  contain  mandatory  and  essential 
requirements.  To  facilitate  proof  of  conformity  with  the  essential  requirements,  it  is 
necessary to have harmonised standards at ⌦ Community ⌫ level in particular as to 
the  design,  operation  and  installation  of  simple  pressure  vessels  so  that  products 
complying  with  them  may  be  assumed  to  conform  to  the  safety  requirements.  These 
standards harmonised at ⌦ Community ⌫ level are drawn up by private bodies and 
⌦ should ⌫ remain non-mandatory texts. For that purpose, the European Committee 
for  Standardisation  (CEN)  ⌦ , ⌫  the  European  Committee  for  Electrotechnical 
Standardisation  (CENELEC)  ⌦ and  the  European  Telecommunications  Standards 
Institute  (ETSI) ⌫  are  recognised  as  the  competent  bodies  for  the  adoption  of 
harmonised  standards  in  accordance  with  the  general  guidelines  for  cooperation 
between the Commission ⌦ , the European Free Trade Association (EFTA) ⌫ and 
those ⌦ three ⌫ bodies signed on ⌦ 28 March 20035 ⌫.  

(cid:208) 93/68/EEC Recitals 1, 2 and 3 
(adapted) 

(5)  ⌦ The  Council  has  already  adopted  a  series  of  Directives  designed  to  remove 
technical  barriers  to  trade  in  accordance  with  the  principles  established  in  its 
Resolution  of  7  May  1985  on  a  new  approach  to  technical  harmonisation  and 
standards6; each of these Directives provides for the affixing of the ‘CE’ marking. The 
Commission,  in  its  Communication  of  15  June  1989  on  a  global  approach  to 
certification and testing7, proposed that common rules be drawn up concerning a ‘CE’ 
conformity  marking  with  a  single  design.  The  Council,  in  its  Resolution  of 
21 December 1989  on  a  global  approach  to  conformity  assessment8,  approved  as  a 
guiding principle the adoption of a consistent approach such as this with regard to the 
use  of  the  ‘CE’  marking ⌫.  The  two  basic  elements  of  the  new  approach  which 
⌦ should ⌫ be applied are the essential requirements and the conformity assessment 
procedures. 

5 
6 
7 
8 

OJ C 91, 16.4.2003, p. 7. 
OJ C 136, 4.6.1985, p. 1. 
OJ C 231, 8.9.1989, p. 3 and OJ C 267, 19.10.1989, p. 3. 
OJ C 10, 16.1.1990, p. 1. 

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(cid:208) 87/404/EEC (adapted) 
(cid:206)1 93/68/EEC Art. 2 pt. 1 

(6) 

(7) 

A  check  on  compliance  with  the  relevant  technical  requirements  is  necessary  to 
provide  effective  protection  for  users  and  third  parties.  The  existing  inspection 
procedures  differ  from  one  Member  State  to  another.  In  order  to  avoid  multiple 
inspections, which are in effect barriers to the free movement of vessels, arrangements 
should  be  made  for  the  mutual  recognition  of  inspection  procedures  by  the  Member 
States.  In  order  to  facilitate  the  mutual  recognition  of  inspection  procedures, 
Community  procedures  should  be  ⌦ established  as  well  as ⌫  the  criteria  for 
appointing the bodies responsible for carrying out tests, surveillance and verification . 

The  presence  on  a  simple  pressure  vessel  of  the  (cid:206)1 CE  marking   ⌦ should 
indicate ⌫  that  it  satisfies  the  provisions  of  this  Directive  and  therefore  make  it 
unnecessary,  on  import  and  ⌦ putting ⌫  into  service  of  the  vessel,  to  repeat  the 
inspections already carried out. Nevertheless simple pressure vessels might represent a 
safety  hazard.  Provision  should  therefore  be  made  for  a  procedure  to  reduce  this 
hazard. 

(8) 

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex IV, Part B, 

(cid:208)  

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 87/404/EEC (adapted) 

CHAPTER I 

Scope, ⌦ definitions, ⌫ placing on the market and free 
movement 

Article 1 

1. This Directive applies to simple pressure vessels manufactured in series. 

2. The following vessels shall be excluded from the scope of this Directive: 

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(a) 

(b) 

(c) 

vessels specifically designed for nuclear use, failure of which may cause an emission 
of radioactivity; 

vessels specifically intended for installation in or the propulsion of ships and aircraft; 

fire extinguishers. 

3. For the purposes of this Directive the following definitions shall apply  

(cid:208) 87/404/EEC 

(a) 

‘simple pressure vessel’ or ‘vessel’ means any welded vessel subjected to an internal 
gauge pressure greater than 0,5 bar which is intended to contain air or nitrogen and 
which is not intended to be fired. 

The  parts  and  assemblies  contributing  to  the  strength  of  the  vessel  under  pressure 
shall be made either of non-alloy quality steel or of non-alloy aluminium or non-age 
hardening aluminium alloys.  

The vessel shall be made of either: 

(i) 

a  cylindrical  part  of  circular  cross-section  closed  by  outwardly  dished  and/or 
flat ends which revolve around the same axis as the cylindrical part; or 

(ii) 

two dished ends revolving around the same axis.  

The maximum working pressure of the vessel shall not exceed 30 bar and the product of 
that pressure and the capacity of the vessel (PS.V) shall not exceed 10 000 bar/litre.  

The  minimum  working  temperature  must  be  no  lower  than  − 50 °C  and  the 
maximum working temperature shall not be higher than 300 °C for steel and 100 °C 
for aluminium or aluminium alloy vessels; 

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(cid:208) 87/404/EEC Recital 5, fifth 
sentence (adapted) 

(b) 

(CEN), 

the  European  Committee 

a  ‘harmonised  standard’  means  a  technical  specification  (European  standard  or 
harmonisation  document)  adopted  by  ⌦ the  European  Committee 
for 
Standardization 
for  Electrotechnical 
Standardization  (CENELEC)  or  the  European  Telecommunications  Standards 
Institute  (ETSI)  or  by  two  or  three  of  those  bodies ⌫  upon  a  remit  from  the 
Commission in accordance with Directive 98/34/EC of the European Parliament and 
of  the  Council9  and  the  general  guidelines  ⌦ for  cooperation  between  the 
Commission,  the  European  Free  Trade  Association  (EFTA)  and  those  three  bodies 
signed on 28 March 2003. ⌫ 

Article 2 

1. Member States shall take all necessary steps to ensure that the vessels, may be placed on 
the market and ⌦ put ⌫ into service only if they do not compromise the safety of persons, 
domestic  animals  or  property  when  properly  installed  and,  maintained  and  used  for  the 
purposes for which they are intended. 

2. The provisions of this Directive shall not affect the right of Member States to specify — 
with  due  observance  of  the  Treaty  —  the  requirements  they  deem  necessary  to  ensure  that 
workers are protected when using vessels, provided it does not mean the vessels are modified 
in a way unspecified in this Directive. 

(cid:208) 87/404/EEC 

1. Vessels in respect of which the product of PS and V exceeds 50 bar/litre must satisfy the 
essential safety requirements set out in Annex I. 

Article 3 

(cid:208) 87/404/EEC (adapted) 
(cid:206)1 93/68/EEC Art. 2 pt. 1 

2.  Vessels  in  respect  of  which  the  product  of  PS  and  V  is  50 bar/litre  or  less  must  be 
manufactured in accordance with sound engineering practice in one of the Member States and 
bear  markings  as  laid  down  in  ⌦ point  1 ⌫  of  Annex  II,  with  the  exception  of  the 
(cid:206)1 CE marking  referred to in Article 16. 

9 

OJ L 204, 21.7.1998, p. 37. 

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(cid:208) 87/404/EEC (adapted) 

Article 4 

Member States shall not impede the placing on the market and the ⌦ putting ⌫ into service 
in their territory of vessels which satisfy the requirements of this Directive. 

Article 5 

(cid:208) 93/68/EEC Art. 2 pt. 2 
(adapted) 

1.  Member  States  shall  presume  that  vessels  bearing  the  CE  marking  comply  with  all  the 
provisions of this Directive. 

Conformity of vessels with the national standards which transpose the harmonised standards, 
the reference numbers of which have been published in the Official Journal of the European 
Union, shall result in a presumption of conformity to the essential safety requirements ⌦ set 
out in Annex I ⌫.  

Member States shall publish the reference numbers of such national standards. 

(cid:208) 87/404/EEC (adapted) 
(cid:206)1 93/68/EEC Art. 2 pt. 1 

2. Member States shall presume that vessels for which the standards referred to in the second 
subparagraph  of  paragraph  1  do  not  exist  or  in  respect  of  which  the  manufacturer  has  not 
applied, or has applied only in part, such standards, comply with the essential ⌦ safety ⌫ 
requirements  ⌦ set  out  in  Annex  I, ⌫  where,  after  receipt  of  an  EC  type-examination 
certificate, their conformity with the approved model has been certified by the affixation of 
the (cid:206)1 CE marking . 

(cid:208) 93/68/EEC Art. 2 pt. 3 

3.  Where  the  vessels  are  subject  to  other  Directives  covering  other  aspects  and  which  also 
provide for the affixing of the CE marking, the latter shall indicate that the vessels in question 
are also presumed to conform to the provisions of those other Directives. 

However, where one or more of those Directives allow the manufacturer, during a transitional 
period,  to  choose  which  arrangements  to  apply,  the  CE  marking  shall  indicate  conformity 
only to the Directives applied by the manufacturer. In this case, particulars of the Directives 
applied,  as  published  in  the  Official  Journal  of  the  European  Union,  must  be  given  in  the 
documents, notices or instructions required by the Directives and accompanying such vessels. 

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(cid:208) 87/404/EEC (adapted) 

Article 6 

Where a Member State or the Commission considers that the harmonised standards referred to 
in  Article  5(1)  do  not  entirely  meet  the  essential  ⌦ safety ⌫  requirements  ⌦ set  out  in 
Annex I ⌫, the Commission or the Member State concerned shall bring the matter before the 
standing committee set up under ⌦ Article 5 of ⌫ Directive 98/34/EC, hereinafter referred 
to as ‘the committee’, giving the reasons therefor.  

The committee shall deliver an opinion without delay. 

In  the  light  of  the  committee's  opinion,  the  Commission  shall  inform  the  Member  States 
whether or not it is necessary to withdraw those standards from the publications referred to in 
the second subparagraph of Article 5(1). 

(cid:208) 87/404/EEC 
(cid:206)1 93/68/EEC Art. 2 pt. 1 

Article 7 

1.  Where  a  Member  State  finds  that  vessels  bearing  the  (cid:206)1 CE  marking   and  used  in 
accordance  with  their  intended  purpose  might  compromise  the  safety  of  persons,  domestic 
animals or property, it shall take all appropriate measures to withdraw those products from the 
market or to prohibit or restrict their being placed on the market. 

The Member State concerned shall immediately inform the Commission of any such measure, 
indicating the reasons for its decision, and in particular whether non-conformity is due to: 

(cid:208) 87/404/EEC (adapted) 

(a) 

(b) 

(c) 

failure  to  meet  the  essential  ⌦ safety ⌫  requirements  ⌦ set  out  in  Annex  I ⌫, 
where  the  vessel  does  not  meet  the  ⌦ harmonised ⌫  standards  referred  to  in 
Article 5(1); 

incorrect application of the ⌦ harmonised ⌫ standards referred to in Article 5(1); 

shortcomings  in  the  ⌦ harmonised ⌫  standards  referred  to  in  Article  5(1) 
themselves. 

2.  The  Commission  shall  enter  into  consultation  with  the  parties  concerned  as  soon  as 
possible. Where, after such consultation, the Commission finds that any measure as referred 
to in paragraph 1 is justified, it shall immediately so inform the Member State that took the 
action and the other Member States. 

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(cid:208) 87/404/EEC (adapted) 
(cid:206)1 93/68/EEC Art. 2 pt. 1 

Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, 
the  Commission,  after  consulting  the  parties  concerned,  shall  bring  the  matter  before  the 
committee within two months if the Member State which has taken the measures intends to 
maintain them and shall ⌦ apply the procedure ⌫ referred to in Article 6. 

3.  Where  a  vessel  which  does  not  comply  bears  the  (cid:206)1 CE  marking ,  the  competent 
Member  State  shall  take  appropriate  action  against  whomsoever  has  affixed  the  ⌦ CE ⌫ 
(cid:206)1 marking  and shall inform the Commission and the other Member States thereof. 

4. The Commission shall ensure that the Member States are kept informed of the progress and 
outcome of the procedure ⌦ referred to in paragraphs 1, 2 and 3 ⌫. 

(cid:208) 87/404/EEC (adapted) 

CHAPTER II 

CERTIFICATION 

SECTION 1 

CERTIFICATION PROCEDURES 

Article 8 

1.  Prior  to  production  of  pressure  vessels  of  which  the  product  of  PS  and  V  exceeds 
50 bar/litre, manufactured in accordance with the ⌦ harmonised ⌫ standards referred to in 
Article  5(1)  the  manufacturer,  or  his  authorised  representative  established  within  the 
Community, shall at his own choice either: 

(a) 

inform  an  approved  inspection  body  as  referred  to  in  Article  9,  which  after 
examining the design and manufacturing schedule set out to in point 3 of Annex II, 
shall draw up a certificate of adequacy attesting that the schedule is satisfactory; or 

(b) 

submit a prototype vessel for the EC type-examination referred to in Article 10.  

(cid:208) 87/404/EEC 

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(cid:208) 87/404/EEC (adapted) 

2. ⌦ Prior to the production of pressure vessels of which the product of PS and V exceeds 
50 bar/litre,  not  manufactured ⌫,  or  manufactured  only  partly,  in  accordance  with  the 
⌦ harmonised ⌫  standards,  referred  to  in  Article  5(1)  the  manufacturer,  or  his  authorised 
representative  established  within  the  Community,  must  submit  a  prototype  vessel  for  the 
EC type-examination referred to in Article 10. 

3 . Vessels manufactured in accordance with the ⌦ harmonised ⌫ standards referred to in 
Article 5(1) or with the approved prototype shall, prior to their being placed on the market, be 
subject: 

(cid:208) 87/404/EEC 

(a) 

(b) 

to  the  EC  verification  referred  to  in  Article  11  where  the  product  of  PS  and  V 
exceeds 3 000 bar/litre; 

at  the  choice  of  the  manufacturer,  where  the  product  of  PS  and  V  does  not  exceed 
3 000 bar/litre but exceeds 50 bar/litre either: 

(i) 

to the EC declaration of conformity referred to in Article 12; or 

(ii) 

to the EC verification referred to in Article 11. 

4  .  The  records  and  correspondence  relating  to  the  certification  procedures  referred  to  in 
paragraphs 1, 2 and 3 shall be drafted in an official language of the Member State in which 
the approved ⌦ inspection ⌫ body is established or in a language accepted by that body. 

(cid:208) 87/404/EEC (adapted) 

Article 9 

(cid:208) 93/68/EEC Art. 2 pt. 4 
(adapted)  

1. Member States shall notify the Commission and the other Member States of the approved 
⌦ inspection ⌫ bodies which they have appointed to carry out the procedures referred to in 
Article  8(1),  (2)  and  (3)  together  with  the  specific  tasks  which  these  bodies  have  been 
appointed  to  carry  out  and  the  identification  numbers  assigned  to  them  beforehand  by  the 
Commission. 

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The  Commission  shall  publish  in  the  Official  Journal  of  the  European  Union  a  list  of  the 
notified  bodies  with  their  identification  numbers  and  the  tasks  for  which  they  have  been 
notified. The Commission shall ensure that this list is kept up to date. 

(cid:208) 93/68/EEC Art. 2 pt. 4 

(cid:208) 87/404/EEC (adapted) 

2.  Annex  III  sets  out  the  minimum  criteria  which  Member  States  must  meet  as  regards  the 
approval of the bodies ⌦ referred to in paragraph 1 ⌫. 

3. A Member State which has approved an ⌦ inspection ⌫ body must withdraw approval if 
it finds that the body no longer meets the criteria set out in Annex III.  

It shall immediately inform the Commission and the other Member States accordingly. 

(cid:208) 87/404/EEC 

SECTION 2 

EC TYPE-EXAMINATION 

Article 10 

1. EC type-examination is the procedure whereby an approved inspection body ascertains and 
certifies that a prototype vessel satisfies the provisions of this Directive which apply to it. 

2.  The  application  for  EC  type-examination  shall  be  lodged  by  the  manufacturer  or  by  his 
authorised  representative  with  a  single  approved  inspection  body  in  respect  of  a  prototype 
vessel or of a prototype representing a family of vessels. That authorised representative must 
be established in the Community. 

The application shall include: 

(a) 

the name and address of the manufacturer or of his authorised representative and the 
place of manufacture of the vessels; 

(b) 

the design and manufacturing schedule set out in point 3 of Annex II. 

It shall be accompanied by a vessel which is representative of the production envisaged. 

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3.  The  approved  ⌦ inspection ⌫  body  shall  carry  out  the  EC  type-examination  in  the 
manner ⌦ referred to in the second and third subparagraph ⌫. 

(cid:208) 87/404/EEC (adapted) 

It  shall  examine  not  only  the  design  and  manufacturing  schedule  in  order  to  check  its 
conformity, but also the vessel submitted. 

(cid:208) 87/404/EEC 

When examining the vessel, the body shall: 

(a) 

(b) 

verify  that  the  vessel  has  been  manufactured  in  conformity  with  the  design  and 
manufacturing  schedule  and  may  safely  be  used  under  its  intended  working 
conditions; 

perform appropriate examinations and tests to check that the vessel complies with the 
essential requirements applicable to it. 

(cid:208) 87/404/EEC (adapted) 

4.  If  the  prototype  complies  with  the  provisions  applicable  to  it  the  ⌦ approved 
inspection ⌫  body  shall  draw  up  an  EC  type-examination  certificate  which  shall  be 
forwarded  to  the  applicant.  That  certificate  shall  state  the  conclusions  of  the  examination, 
indicate  any  conditions  to  which  its  issue  may  be  subject  and  be  accompanied  by  the 
descriptions and drawings necessary for identification of the approved prototype. 

The Commission, the other approved ⌦ inspection ⌫ bodies and the other Member States 
may  obtain  a  copy  of  the  certificate  and,  on  a  reasoned  request,  a  copy  of  the  design  and 
manufacturing schedule and the reports on the examinations and tests carried out. 

5.  An  ⌦ approved  inspection ⌫  body  which  refuses  to  issue  an  EC  type-examination 
certificate shall so inform the other approved ⌦ inspection ⌫ bodies. 

An  ⌦ approved  inspection ⌫  body  which  withdraws  an  EC  type-examination  certificate 
shall so inform the Member State which approved it. The latter shall inform the other Member 
States and the Commission thereof, giving the reasons for the decision. 

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(cid:208) 93/68/EEC Art. 2 pt. 5 

SECTION 3 

EC VERIFICATION 

Article 11 

1.  EC  verification  is  the  procedure  whereby  a  manufacturer  or  his  authorised  representative 
established  within  the  Community  ensures  and  declares  that  the  vessels  which  have  been 
checked  in  accordance  with  paragraph  3  are  in  conformity  to  the  type  described  in  the  EC 
type-examination  certificate  or  with  the  design  and  manufacturing  schedule  referred  to  in 
point 3 of Annex II and have received a certificate of adequacy. 

2. The manufacturer shall take all necessary measures for the manufacturing process to ensure 
that the vessels conform to the type described in the EC type-examination certificate or to the 
design and manufacturing schedule referred to in point 3 of Annex II. The manufacturer or his 
authorised  representative  established  within  the  Community  shall  affix  the  CE  marking  to 
each vessel and draw up a declaration of conformity. 

(cid:208) 93/68/EC Art. 2 pt. 5 (adapted) 

3. The approved ⌦ inspection ⌫ body shall carry out the appropriate examinations and tests 
in  order  to  check  the  conformity  of  the  vessels  with  the  requirements  of  this  Directive  by 
examination and testing of vessels in accordance with the second to tenth subparagraphs. 

The manufacturer shall present his vessels in the form of uniform batches and shall take all 
necessary  measures  in  order  that  the  manufacturing  process  ensures  the  uniformity  of  each 
batch produced. 

Those  batches  shall  be  accompanied  by  the  EC  type-examination  certificate  referred  to  in 
Article  10,  or,  where  the  vessels  are  not  manufactured  in  accordance  with  an  approved 
prototype, by the design and manufacturing schedule referred to in point 3 Annex II. In this 
case  the  approved ⌦ inspection ⌫ body  shall,  prior  to  EC  verification,  examine  the 
schedule in order to certify its conformity. 

When a batch is examined, the ⌦ approved ⌫ inspection body shall ensure that the vessels 
have  been  manufactured  and  checked  in  accordance  with  the  design  and  manufacturing 
schedule and perform a hydrostatic test or a pneumatic test of equivalent effect on each vessel 
in the batch at a pressure Ph equal to 1,5 times the vessel's design pressure in order to check 
its soundness. The pneumatic test shall be subject to acceptance of the test safety procedures 
by the Member State in which the test is performed. 

Moreover, the ⌦ approved ⌫ inspection body shall carry out tests on test-pieces taken from 
a representative production test-piece or from a vessel, as the manufacturer chooses, in order 
to examine the weld quality. The tests shall be carried out on longitudinal welds. However, 

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where differing weld techniques are used for longitudinal and circular welds, the tests shall be 
repeated on the circular welds. 

For  the  vessels  referred  to  in  point  2.1.2  of  Annex  I,  these  tests  on  test-pieces  shall  be 
replaced  by  a  hydrostatic  test  on  five  vessels  taken  at  random  from  each  batch  in  order  to 
check  that  they  conform  to  the  ⌦ essential safety ⌫  requirements  ⌦ set  out  in ⌫ 
point 2.1.2 of Annex I. 

In the case of accepted batches, the approved ⌦ inspection ⌫ body shall affix, or cause to 
be  affixed,  its  identification  number  to  each  recipient  and  draw  up  a  written  certificate  of 
conformity relating to the tests carried out. All recipients in the batch may be placed on the 
market  except  for  those  which  have  not  successfully  undergone  a  hydrostatic  test  or  a 
pneumatic test. 

If a batch is rejected, the ⌦approved inspection ⌫ body shall take appropriate measures to 
prevent the ⌦ placing ⌫ on the market of that batch. In the event of frequent rejection of 
batches, the ⌦ approved inspection ⌫ body may suspend the statistical verification. 

The manufacturer may, under the responsibility of the ⌦ approved inspection ⌫ body, affix 
the latter's identification number during the manufacturing process. 

The  manufacturer  or  his  authorised  representative  must  be  able  to  supply  on  request  the 
approved  ⌦ inspection ⌫  body's  certificates  of  conformity  referred  to  in  the  seventh 
subparagraph. 

(cid:208) 87/404/EEC 

SECTION 4 

EC DECLARATION OF CONFORMITY 

Article 12 

1.  A  manufacturer  fulfilling  the  obligations  arising  under  Article  13  shall  affix  the 
CE marking provided for in Article 16 to vessels which he declares to be in conformity: 

(a) 

to the design and manufacturing schedule referred to in point 3 of Annex II, and on 
which a certificate of adequacy has been drawn up, or 

(cid:208) 93/68/EEC Art. 2 pt. 6 

(b) 

to an approved prototype. 

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2.  By  the  EC  declaration  of  conformity  procedure  the  manufacturer  becomes  subject  to  EC 
surveillance, in cases where the product of PS and V exceeds 200 bar/litre. 

(cid:208) 87/404/EEC 

(cid:208) 87/404/EEC (adapted) 

The  purpose  of  EC  surveillance  is  to  ensure,  as  required  by  Article  14(2),  that  the 
manufacturer  duly  fulfils  the  obligations  arising  under  Article  13(2).  Surveillance  shall  be 
performed  by  the  approved  ⌦ inspection ⌫  body  which  issued  the  EC  type-examination 
certificate  referred  to  in  ⌦ the  first  subparagraph  of ⌫  Article  10  ⌦ (4) ⌫  where  the 
vessels have been manufactured in accordance with an approved prototype or, if this is not the 
case,  by  the  approved  body  to  which  the  design  and  manufacturing  schedule  was  sent  in 
accordance with Article 8(1)(a). 

Article 13 

1. Where a manufacturer makes use of the procedure referred to in Article 12, he must, before 
commencing  manufacture,  send  the  approved  ⌦ inspection ⌫  body  which  issued  the  EC 
type-examination  certificate  or  the  certificate  of  adequacy  a  document  describing  the 
manufacturing  processes  and  all  of  the  pre-determined  systematic  measures  taken  to  ensure 
conformity of the pressure vessels to the standards referred to in Article 5(1) or the approved 
prototype. 

2. The document ⌦ referred to in paragraph 1 ⌫ shall include: 

(cid:208) 87/404/EEC 

(a) 

(b) 

(c) 

a  description  of  the  means  of  manufacture  and  checking  appropriate  to  the 
construction of the vessels; 

an  inspection  document  describing  the  appropriate  examinations  and  tests  to  be 
carried  out  during  manufacture,  together  with  the  procedures  thereof  and  the 
frequency with which they are to be performed; 

an  undertaking  to  carry  out  the  examinations  and  tests  in  accordance  with  the 
inspection document referred to in point (b) and to have a hydrostatic test or, subject 
to  the  agreement  of  the  Member  State,  a  pneumatic  test  carried  out  on  each  vessel 
manufactured at a test pressure equal to 1,5 times the design pressure; 

those examinations and tests shall be carried out under the responsibility of qualified 
staff  who  are  sufficiently  independent  from  production  personnel,  and  shall  be 
covered by a report; 

(d) 

the  addresses  of  the  places  of  manufacture  and  storage  and  the  date  on  which 
manufacture is to commence. 

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3. When the product of PS and V exceeds 200 bar/litre, manufacturers shall authorise access 
to the said places of manufacture and storage by the body responsible for EC surveillance, for 
inspection  purposes,  and  shall  allow  that  body  to  select  sample  vessels  and  shall  provide  it 
with all necessary information, and in particular: 

(a) 

(b) 

(c) 

(d) 

the design and manufacturing schedule; 

the inspection report; 

the EC type-examination certificate or certificate of adequacy, where appropriate; 

a report on the examinations and tests carried out. 

(cid:208) 87/404/EEC (adapted) 

Article 14 

The  approved  ⌦ inspection ⌫  body  which  issued  the  EC  type-examination  certificate  or 
certificate of adequacy must, before the date on which any manufacture begins, examine both 
the document referred to in Article 13(1) and the design and manufacturing schedule referred 
to  in  point  3  of  Annex  II,  in  order  to  certify  their  conformity  where  vessels  are  not 
manufactured in accordance with an approved prototype. 

In  addition,  where  the  product  of  PS  and  V  exceeds  200 bar/litre,  that  body  must  during 
manufacture: 

(a) 

(b) 

ensure  that  the  manufacturer  actually  checks  series-produced  vessels  in  accordance 
with point (c) of Article 13(2) ; 

take random samples at the places of manufacture or at the place of storage of vessels 
for inspection purposes. 

The ⌦ approved inspection ⌫ body shall supply the Member State which approved it, and, 
on  request,  the  other  approved  ⌦ inspection ⌫  bodies,  the  other  Member  States  and  the 
Commission, with a copy of the inspection report. 

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(cid:208) 87/404/EEC 

CHAPTER III 

CE ⌦ conformity ⌫ marking ⌦ and inscriptions ⌫ 

(cid:208) 93/68/EEC Art. 2 pt. 1 
(adapted) 

Without prejudice to Article 7: 

Article 15 

(cid:208) 93/68/EEC Art. 2 pt. 7 

(a) 

(b) 

(cid:208) 93/68/EC Art. 2 pt. 7 (adapted) 

where a Member State establishes that the CE marking has been affixed unduly, the 
manufacturer or his authorised representative established within the Community shall 
be  obliged  to  make  the  product  conform ⌦ with ⌫ the provisions concerning the 
CE  marking  and  to  end  the  infringement  under  the  conditions  imposed  by  the 
Member State; 

(cid:208) 93/68/EC Art. 2 pt. 7 

where  the  non-conformity  continues,  the  Member  State  must  take  all  appropriate 
measures to restrict or prohibit the placing on the market of the product in question 
or to ensure that it is withdrawn from the market in accordance with the procedure 
laid down in Article 7. 

(cid:208) 87/404/EEC (adapted) 
(cid:206)1 93/68/EEC Art. 2 pt. 1 

Article 16 

1. The (cid:206)1 CE ⌦ conformity ⌫ marking  and the inscriptions provided for in point 1 of 
Annex II, shall be affixed in a visible, easily legible and indelible form to the vessel or to a 
data plate attached to the vessel in such a way that it cannot be removed. 

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(cid:208) 93/68/EEC Art. 2 pt. 8 
(adapted) 

The  CE  conformity  marking  shall  consist  of  the  initials  ‘CE’  in  the  form  shown  in  the 
specimen  in  ⌦ point  1.1 ⌫  of  Annex  II,.  The  CE  marking  shall  be  followed  by  the 
⌦ identification ⌫  number  referred  to  in  Article  9(1)  of  the  approved  inspection  body 
responsible for EC verifications or EC surveillance. 

(cid:208) 93/68/EEC Art. 2 pt. 9 
(adapted) 

2. The affixing of markings on the vessels which are likely to deceive third parties as to the 
meaning and form of the CE marking shall be prohibited. Any other marking may be affixed 
to  the  vessels  or  the  data  plate  provided  that  the  visibility  and  legibility  of  the  CE 
⌦ conformity ⌫ marking is not thereby reduced. 

(cid:208) 87/404/EEC (adapted) 

CHAPTER IV 

Final provisions 

Article 17 

Any decision taken pursuant to this Directive and resulting in restrictions on the placing on 
the market and/or ⌦ the putting ⌫ into service of a vessel shall state the exact grounds on 
which it is based. Such a decision shall be notified without delay to the party concerned, who 
shall at the same time be informed of the judicial remedies available to him under the laws in 
force  in  the  Member  State  in  question  and  of  the  time  limits  to  which  such  remedies  are 
subject. 

Member States shall communicate to the Commission the texts of the ⌦ main ⌫ provisions 
of national law which they adopt in the field covered by this Directive. 

Article 18 

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(cid:208)  

Article 19 

Directive 87/404/EEC, as amended by the Directives listed in Annex IV, Part A, is repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law and application of the Directives set out in Annex IV, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex V. 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 20 

(cid:208) 87/404/EEC 

Article 21 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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(cid:208) 87/404/EEC (adapted) 

ANNEX I 

⌦ ESSENTIAL SAFETY REQUIREMENTS ⌫ 

⌦ (referred to in Article 3(1)) ⌫ 

(cid:208) 87/404/EEC 

1. 

MATERIALS 

Materials  must  be  selected  according  to  the  intended  use  of  the  vessels  and  in 
accordance with points 1.1 to 1.4. 

1.1. 

Pressurised parts 

The  materials  referred  to  in  Article  1  used  for  manufacturing  the  pressurised  parts 
must be: 

(a) 

capable of being welded; 

(b)  ductile and tough, so that a rupture at minimum working temperature does not 

give rise to either fragmentation or brittle-type fracture; 

(c) 

not adversely affected by ageing. 

For  steel  vessels,  the  materials  must  in  addition  meet  the  requirements  set  out  in 
point  1.1.1  and,  for  aluminium  or  aluminium  alloy  vessels,  those  set  out  in 
point 1.1.2. 

They  must  be  accompanied  by  an  inspection  slip  drawn  up  by  the  producer  of  the 
materials as described in Annex II. 

1.1.1. 

Steel vessels 

Non-alloy quality steels shall meet the following requirements: 

(a) 

(b) 

they must be non-effervescent and be supplied after normalisation treatment, or 
in an equivalent state; 

the content per product of carbon must be less than 0,25% and that of sulphur 
and phosphorus must each be less than 0,05%; 

(c) 

they must have the following mechanical properties per product: 

– 

the maximum tensile strength Rm,max must be less than 580 N/mm2, 

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– 

the elongation after rupture must be: 

– 

if test pieces are taken parallel to the direction of rolling: 

thickness ≥ 3 mm: 

A 

≥ 22%, 

thickness < 3 mm: 

A80 mm  ≥ 17%, 

– 

if test pieces are taken perpendicular to the direction of rolling: 

thickness ≥ 3 mm: 

A 

≥ 20%, 

thickness < 3 mm: 

A80 mm  ≥ 15%, 

– 

the  average  failure  energy  KCV  for  three  longitudinal  test  pieces  at 
minimum working temperature must not be less than 35 J/cm2;. not more 
than one of the three figures may be less than 35 J/cm2, with a minimum 
of 25 J/cm2. 

In the case of steels used in the manufacture of vessels whose minimum 
working  temperature  is  lower  than  − 10 °C  and  whose  wall  thickness 
exceeds 5 mm, this property must be checked. 

1.1.2.  Aluminium vessels 

Non-alloy  aluminium  must  have  an  aluminium  content  of  at  least  99,5%  and  those 
alloys described in Article 1(3)(a) must display adequate resistance to intercrystalline 
corrosion at maximum working temperature. 

Moreover these materials must satisfy the following requirements: 

(a) 

they must be supplied in an annealed state; and 

(b)  must have the following mechanical characteristics per product: 

– 

– 

the maximum tensile strength Rm,max must be no more than 350 N/mm2, 

the elongation after rupture must be: 

– 

– 

A ≥ 16% if the test piece is taken parallel to the direction of rolling, 

A ≥ 14% if the test piece is taken perpendicular to the direction of 
rolling, 

1.2.  Welding materials 

The  welding  materials  used  to  manufacture  the  welds  on  or  of  the  vessel  must  be 
appropriate to and compatible with the materials to be welded. 

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1.3. 

Accessories contributing towards the strength of the vessel 

These accessories (for example bolts and nuts) must be made of a material specified 
in point 1.1 or of other kinds of steel, aluminium or an appropriate aluminium alloy 
compatible with materials used for the manufacture of pressurised parts. 

The  latter  materials  must  at  minimum  working  temperature  have  an  appropriate 
elongation after rupture and toughness. 

1.4. 

Non-pressurised parts 

All unpressurised parts of welded vessels must be of materials which are compatible 
with that of the components to which they are welded. 

2. 

VESSEL DESIGN 

The manufacturer must, when designing the vessel, define the use to which it will be 
put, and select: 

(a) 

the minimum working temperature Tmin; 

(b) 

the maximum working temperature Tmax; 

(c) 

the maximum working pressure PS. 

However,  should  a  minimum  working  temperature  exceeding − 10 °C  be  selected, 
the qualities required of the materials must be satisfied at − 10 °C. 

The manufacturer must also take account of the following provisions: 

– 

– 

– 

– 

it must be possible to inspect the inside of vessels, 

it must be possible to drain the vessels, 

the mechanical qualities shall be maintained throughout the period of use of the 
vessel for the intended purpose, 

the vessels shall, bearing in mind their prescribed use, be adequately protected 
against corrosion, 

and the fact that under the conditions of use envisaged: 

– 

– 

the vessels is not to be subjected to stresses likely to impair their safety in use, 

internal pressure is not to permanently exceed the maximum working pressure 
PS . However, it may momentarily do so by up to 10%. 

Circular and longitudinal seams must be made using full penetration welds or welds 
of equivalent effectiveness. Convex ends other than hemispherical ones shall have a 
cylindrical edge. 

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2.1.  Wall thickness 

If the product PS.V is not more than 3 000 bar/litre, the manufacturer must select one 
of  the  methods  described  in  points  2.1.1  and  2.1.2  for  determining  vessel  wall 
thickness; if the product of PS and V is more than 3 000 bar/litre, or if the maximum 
working  temperature  exceeds  100 °C,  such  thickness  must  be  determined  by  the 
method described in point 2.1.1. 

The actual wall thickness of the cylindrical section and ends shall, however, be not 
less  than  2 mm  in  the  case  of  steel  vessels  and  not  less  than  3 mm  in  the  case  of 
aluminium or aluminium alloy vessels. 

2.1.1.  Calculation method 

(cid:208) 87/404/EEC 

The minimum thickness of pressurised parts must be calculated having regard to the 
intensity of the stresses and to the following provisions: 

(cid:208) 87/404/EEC (adapted) 

(a) 

(b) 

the  calculation  pressure  to  be  taken  into  account  must  not  be  less  than  the 
maximum working pressure ⌦ PS ⌫ selected; 

the  permissible  general  membrane  stress  must  not  exceed  the  lower  of  the 
values 0,6 RET or 0,3 Rm. The manufacturer must use the RET and Rm minimum 
values  guaranteed  by  the  material  manufacturer  in  order  to  determine  the 
permissible stress. 

However,  where  the  cylindrical  portion  of  the  vessel  has  one  or  more  longitudinal 
welds  made  using  a  non-automatic  welding  process,  the  thickness  calculated  as 
referred to in the first paragraph must be multiplied by the coefficient 1,15. 

2.1.2.  Experimental method 

Wall  thickness  must  be  so  determined  as  to  enable  the  vessels  to  resist  at  ambient 
temperature  a  pressure  equal  to  at  least  five  times  the  maximum  working  pressure, 
with a permanent circumferential deformation factor of no more than 1%. 

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3. 

MANUFACTURING PROCESSES 

Vessels shall be constructed and subjected to production checks in accordance with 
the design and manufacturing record referred to in point 3 of Annex II. 

3.1. 

Preparation of the component parts 

Preparation of the component parts (for example forming and chamfering) must not 
give  rise  to  surface  defects  or  cracks  or  changes  in  the  mechanical  characteristics 
likely to be detrimental to the safety of the vessels. 

3.2.  Welds on pressurised parts 

The  characteristics  of  welds  and  adjacent  zones  must  be  similar  to  those  of  the 
welded  materials  and  shall  be  free  of  any  surface  or  internal  defects  detrimental  to 
the safety of the vessels. 

Welds  must  be  performed  by  qualified  welders  or  operators  possessing  the 
appropriate  level  of  competence,  in  accordance  with  approved  welding  processes. 
Such  approval  and  qualification  tests  must  be  carried  out  by  approved  inspection 
bodies. 

The manufacturer must also, during manufacture, ensure consistent weld quality by 
conducting  appropriate  tests  using  adequate  procedures.  These  tests  must  be  the 
subject of a report. 

4. 

⌦ PUTTING INTO ⌫ SERVICE OF THE VESSELS 

Vessels must be accompanied by the instructions drawn up by the manufacturer, as 
referred to in point 2 of Annex II. 

_______________

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(cid:208) 87/404/EEC (adapted) 

ANNEX II 

⌦ MARKINGS ⌫ 

⌦ (referred to in Article 3(2)) ⌫ 

(cid:208) 93/68/EEC Art. 2 pt. 10 
(adapted) 

1. 

CE ⌦ CONFORMITY ⌫ MARKING AND INSCRIPTIONS 

1.1 

CE conformity marking 

The CE conformity marking shall consist of the initials ‘CE’ in the following form: 

(cid:208) 93/68/EC Art. 2 pt. 10 

If  the  CE  marking  is  reduced  or  enlarged  the  proportions  given  in  the  graduated 
drawing set out in this point must be respected. 

The various components of the CE marking must have substantially the same vertical 
dimension, which may not be less than 5 mm. 

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1.2. Inscriptions 

The vessel or data plate must bear at least the following information: 

(a) 

the maximum working pressure (PS in bar); 

(b) 

the maximum working temperature (Tmax in °C); 

(c) 

the minimum working temperature (Tmin in °C); 

(d) 

the capacity of the vessel (V in l); 

(e) 

the name or mark of the manufacturer; 

(f) 

the type and serial or batch identification of the vessel; 

(g) 

the last two digits of the year in which the CE marking was affixed. 

Where  the  data  plate  is  used,  it  must  be  so  designed  that  it  cannot  be  re-used  and 
must include a vacant space to enable other information to be provided. 

(cid:208) 87/404/EEC (adapted) 

2. 

INSTRUCTIONS 

The instructions must ⌦ contain ⌫ the following information: 

(a) 

the particulars given in point 1 except for the vessel's serial identification; 

(b) 

the intended use of the vessel; 

(c) 

the maintenance and installation requirements for vessel safety. 

They must be in the official language or languages of the country of destination. 

3. 

DESIGN AND MANUFACTURING SCHEDULES 

The design and manufacturing schedules must contain a description of the techniques 
and  operations  employed  in  order  to  meet  the  essential ⌦ safety ⌫  requirements 
⌦ set  out  in  Annex  I ⌫  or  the  ⌦ harmonised ⌫  standards  referred  to  in 
Article 5(1) and in particular: 

(a) 

a detailed manufacturing drawing of the vessel type; 

(b) 

the instructions; 

(cid:208) 87/404/EEC 

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(c) 

a document describing: 

– 

– 

– 

– 

the materials selected, 

the welding processes selected, 

the checks selected, 

any pertinent details as to the vessel design. 

When the procedures laid down in Articles 11 to 14 are ⌦ applied ⌫, the schedule 
must also include: 

(cid:208) 87/404/EEC (adapted) 

(cid:208) 87/404/EEC 

(a) 

(b) 

(c) 

the  certificates  relating  to  the  suitable  qualification  of  the  welding  operations 
and of the welders or operators; 

the  inspection  slip  for  the  materials  used  in  the  manufacture  of  parts  and 
assemblies contributing to the strength of the pressure vessel; 

a  report  on  the  examinations  and  tests  performed  or  a  description  of  the 
proposed checks. 

4. 

DEFINITIONS AND SYMBOLS 

4.1. 

Definitions 

(cid:208) 87/404/EEC (adapted) 

(a)  The design pressure ‘P’ is the gauge pressure chosen by the manufacturer and 
used to determine the thickness of the ⌦ vessel’s ⌫ pressurised parts. 

(b)  The  maximum  working  pressure  ‘PS’  is  the  maximum  gauge  pressure  which 

may be exerted under normal conditions of use ⌦ of the vessel ⌫. 

(cid:208) 87/404/EEC 

(c)  The minimum working temperature Tmin is the lowest stabilised temperature in 

the wall of the vessel under normal conditions of use. 

(d)  The maximum working temperature Tmax is the highest stabilised temperature 
which the wall of the vessel may attain under normal conditions of use. 

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(e)  The yield strength ‘RET’ is the value at the maximum working temperature Tmax 

– 

– 

– 

of  the  upper  yield  point  ReH,  for  a  material  with  both  a  lower  and  an 
upper yield point, 

or of the proof stress Rp0,2, 

or of the proof stress Rp1,0 in the case of non-alloy aluminium. 

(f) 

Families of vessels: 

Vessels form part of the same family if they differ from the prototype only in 
diameter,  provided  that  the  permissible  requirements  referred  to  in  Annex  I 
points 2.1.1 and 2.1.2 are complied with and/or in the length of their cylindrical 
portion within the following limits: 

– 

– 

where  a  prototype  has  one  or  more  shell  rings  in  addition  to  the  ends, 
variants in the family must have at least one shell ring, 

where a prototype has just two dished ends, variants in the family must 
have no shell rings. 

Variations  in  length  causing  the  apertures  and/or  penetrations  to  be  modified 
must be shown in the drawing for each variant. 

(g)  A  batch  of  vessels  consists  at  the  most  of  3 000  vessels  of  the  model  of  the 

same type. 

(h)  There is series manufacture within the meaning of this Directive if more than 
one  vessel  of  the  same  type  is  manufactured  during  a  given  period  by  a 
continuous  manufacturing  process,  in  accordance  with  a  common  design  and 
using the same manufacturing processes. 

(i) 

Inspection  slip:  document  by  which  the  producer  certifies  that  the  products 
delivered  meet  the  requirements  of  the  order  and  in  which  he  sets  out  the 
in  particular  chemical 
results  of 
composition  and  mechanical  characteristics  performed  on  products  made  by 
the same production process as the supply, but not necessarily on the products 
delivered. 

the  routine 

inspection 

in-plant 

test, 

(cid:208) 87/404/EEC (adapted) 

4.2. 

Symbols 

A 

elongation after rupture (Lo = 5,65 2√So) 

A 80 mm 

elongation after rupture (Lo = 80 mm) 

KCV 

rupture energy 

% 

% 

J/cm2 

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P 

PS 

Ph 

design pressure 

⌦ maximum ⌫ working pressure 

hydrostatic or pneumatic test pressure 

Rp0,2 

proof stress at 0,2% 

Bar 

Bar 

Bar 

N/mm2 

yield strength at maximum working temperature  N/mm2 

RET 

ReH 

Rm 

Tmax 

Tmin 

V 

upper yield point 

tensile strength 

maximum working temperature 

minimum working temperature 

capacity of the vessel 

Rm, max 

maximum tensile strength 

Rp1,0 

proof stress at 1,0% 

___________________

N/mm2 

N/mm2 

°C 

°C 

L 

N/mm2 

N/mm2 

EN 

31 

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(cid:208) 87/404/EEC (adapted) 

ANNEX III 

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES 
⌦ FOR THE APPROVAL OF ⌫ INSPECTION BODIES 

⌦ (Referred to in Article 9(2)) ⌫ 

1. 

2. 

3. 

The  ⌦ approved ⌫  inspection  body,  its  director  and  the  staff  responsible  for 
carrying out the verification tests shall not be the designer, manufacturer, supplier or 
installer  of  vessels  which  they  inspect,  nor  the  authorised  representative  of  any  of 
those  parties.  They  shall  not  become  directly  involved  in  the  design,  construction, 
marketing or maintenance of the vessels, nor represent the parties engaged in these 
activities.  This  does  not  preclude  the  possibility  of  exchanges  of  technical 
information between the manufacturer and the ⌦ approved ⌫ inspection body. 

The  ⌦ approved ⌫  inspection  body  and  its  staff  must  carry  out  the  verification 
tests with the highest degree of professional integrity and technical competence and 
must be free from all pressures and inducements, particularly financial, which might 
influence their judgment or the results of the inspection, especially from persons or 
groups of persons with an interest in the result of verifications. 

The  ⌦ approved ⌫  inspection  body  must  have  at  its  disposal  the  necessary  staff 
and  the  necessary  facilities  to  enable  it  to  perform  properly  the  administrative  and 
technical tasks connected with verification; it must also have access to the equipment 
required for special verification. 

4. 

The staff responsible for inspection must have: 

(a) 

sound technical and professional training; 

(cid:208) 87/404/EEC 

(b) 

(c) 

satisfactory  knowledge  of  the  requirements  of  the  tests  they  carry  out  and 
adequate experience of such tests; 

the  ability  to  draw  up  the  certificates,  records  and  reports  required  to 
authenticate the performance of the tests. 

5. 

The impartiality of inspection staff must be guaranteed. Their remuneration must not 
depend on the number of tests carried out nor on the results of such tests. 

EN 

32 

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(cid:208) 87/404/EEC (adapted) 

6. 

7. 

The  ⌦ approved ⌫  inspection  body  must  take  out  liability  insurance  unless  its 
liability  is  assumed  by  the  State  in  accordance  with  national  law,  or  the  Member 
State itself is directly responsible for the tests. 

The  staff  of  the ⌦ approved ⌫  inspection  body  is  bound  to  observe  professional 
secrecy with regard to all information gained in carrying out its tasks (except vis-à-
vis  the  competent  administrative  authorities  of  the  State  in  which  its  activities  are 
carried out) under this Directive or any provision of national law giving effect to it. 

_________________

EN 

33 

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(cid:207) 

ANNEX IV 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 19) 

Council Directive 87/404/EEC 
(OJ L 220, 8.8.1987, p. 48) 

Council Directive 90/488/EEC 
(OJ L 270, 2.10.1990, p. 25) 

Council Directive 93/68/EEC 
(OJ L 220, 30.8.1993, p. 1) 

Article 1(1) and Article 2 only 

Part B 

List of time-limits for transposition into national law and application 
(referred to in Article 19) 

Directive 

Time-limit for transposition 

Date of application 

87/404/EEC 

90/488/EEC 

93/68/EEC 

31 December 1989 

1 July 1991 

30 June 1994 

_____________ 

1 July 19901 

________ 

1 January 19952 

1 

2 

In accordance with the third subparagraph of Article 18(2), Member States shall, for the period up to 
1 July 1992,  permit  the  placing  on  the  market  and/or  in  service  of  vessels  conforming  to  the  rules  in 
force in their territories before 1 July 1990. 
In  accordance  with  Article  14(2),  until  1  January  1997  Member  States  shall  allow  the  placing  on  the 
market and the bringing into service of products which comply with the marking arrangements in force 
before 1 January 1995. 

EN 

34 

   EN 

 
 
 
 
                                                 
ANNEX V 

CORRELATION TABLE 

Directive 87/404/EEC 

This Directive 

Recital 5, fifth sentence 

Article 1(1) 

Article 1(3)(b) 

Article 1(1) 

Article 1(2) first subparagraph 

Article 1(3)(a), first subparagraph  

Article 1(2) second subparagraph, first indent  Article 1(3)(a), second subparagraph 

Article 1(2) second subparagraph, 
second indent, first and second sub-indents 

Article 1(3)(a), third subparagraph, points (i) 
and (ii)  

Article 1(2) second subparagraph, third indent Article 1(3)(a), fourth subparagraph  

Article 1(2) second subparagraph, 
fourth indent 

Article 1(3)(a), fifth subparagraph  

Article 1(3), first, second and third indents 

Article 1(2)(a), (b) and (c) 

Articles 2, 3 and 4 

Articles 2, 3 and 4 

Article 5(1) 

Article 5(2) 

Article 5(1) 

Article 5(2) 

Article 5(3)(a) and (b) 

Article 5(3) first and second subparagraphs 

Article 6 first, second and third sentences 

Article 6 first, second and third subparagraphs 

Article 7(1) 

Article 7(1) 

Article 7(2) first and second sentences 

Article 7(2) first subparagraph 

Article 7(2) third sentence 

Article 7(2) second subparagraph 

Article 7(3) 

Article 7(4) 

Article 7(3) 

Article 7(4) 

Article 8(1) introductory sentence and 
point (a) introductory sentence 

Article 8(1) introductory sentence 

Article 8(1) (a) first and second indents 

Article 8(1) points (a) and (b) 

Article 8(1)(b) 

Article 8(2)  

EN 

35 

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Article 8(2)(a) 

Article 8(3) (a) 

Article 8(2)(b) first and second indents 

Article 8(3) points (b)(i) and (ii) 

Article 8(3) 

Article 9 

Article 10(1) 

Article 8(4)  

Article 9 

Article 10(1) 

Article 10(2) first subparagraph 

Article 10(2) first subparagraph 

Article 10(2) second subparagraph, first and 
second indents 

Article10(2) second subparagraph, points (a) 
and (b) 

Article 10(2) third subparagraph 

Article 10(2) third subparagraph 

Article 10(3) first subparagraph 

Article 10(3) first subparagraph 

Article 10(3) second subparagraph 

Article 10(3) second subparagraph  

Article 10(3) third subparagraph, points (a) 
and (b) 

Article 10(3) third subparagraph, points (a) 
and (b) 

Article 10(4) 

Article 10(4) 

Article 10(5) first sentence 

Article 10(5) first subparagraph 

Article 10(5) second and third sentences 

Article 10(5) second subparagraph 

Article 11(1) and (2) 

Article 11(1) and (2) 

Article 11(3) introductory wording  

Article 11(3) first subparagraph  

Article 11(3) point 3.1 

Article 11(3) second subparagraph 

Article 11(3) point 3.2 

Article 11(3) third subparagraph 

Article 11(3) point 3.3., first subparagraph 

Article 11(3) fourth subparagraph 

Article 11(3) point 3.3., second subparagraph  Article 11(3) fifth subparagraph 

Article 11(3) point 3.3., third subparagraph 

Article 11(3) sixth subparagraph 

Article 11(3) point 3.4., first subparagraph 

Article 11(3) seventh subparagraph 

Article 11(3) point 3.4., second subparagraph  Article 11(3) eight subparagraph 

Article 11(3) point 3.4., third subparagraph 

Article 11(3) ninth subparagraph 

Article 11(3) point 3.5.  

Article 11(3) tenth subparagraph 

EN 

36 

   EN 

 
Article 12(1) first subparagraph, first and 
second indents 

Article 12(1)(a) and (b) 

Article 12(1) second subparagraph 

Article 12(2) first subparagraph 

Article 12(2) 

Article 12(2) second subparagraph 

Article 13(1) first subparagraph 

Article 13(1) 

Article 13(1) second subparagraph  

Article 13(2)  

Article 13(2) indents 1-4 

Article 13(3) points (a)-(d) 

Article 14(1) 

Article 14 first paragraph 

Article 14(2) first subparagraph, first and 
second indents 

Article 14 second paragraph, points (a) and 
(b) 

Article 14(2) second subparagraph 

Article 14 third paragraph 

Articles 15, 16 and 17 

Articles 15, 16 and 17 

Article 18(1) 

Article 18(2) 

________ 

________ 

Article 19 

________ 

Article 18 

Article 19 

Article 20 

Article 21 

Annex I point 1 

Annex I point 1 

Annex I point 1.1, first subparagraph, 
first, second and third indents 

Annex I point 1.1., first subparagraph, 
points (a), (b) and (c) 

Annex I point 1.1, second and 
third paragraphs 

Annex I point 1.1, second and 
third paragraphs 

Annex I points 1.1.1 and 1.1.2 

Annex I points 1.1.1 and 1.1.2 

Annex I points 1.2, 1.3 and 1.4 

Annex I points 1.2, 1.3 and 1.4 

Annex I point 2, first paragraph, first, 
second and third indents 

Annex I point 2, first paragraph, points (a), 
(b) and (c) 

Annex I point 2, second, third and 
fourth paragraphs 

Annex I point 2, second, third and 
fourth paragraphs 

Annex I points 2.1, 3 and 4 

Annex I points 2.1, 3 and 4  

EN 

37 

   EN 

 
Annex II point 1 

Annex II point 1 

Annex II point 1.a, first, second and 
third indents 

Annex II points 1.1, first, second and 
third paragraphs 

Annex II point 1.b, first paragraph, 
indents 1-7 

Annex II point 1.2, first paragraph, 
points (a)-(g) 

Annex II point 1.b, second paragraph 

Annex II point 1.2, second paragraph 

Annex II point 2, first paragraph, first, 
second and third indents 

Annex II point 2, first paragraph, points (a), 
(b) and (c) 

Annex II point 2, second paragraph 

Annex II point 2, second paragraph 

Annex II point 3, first paragraph 

Annex II point 3, first paragraph 

Annex II point 3, second paragraph, 
points (i), (ii) and (iii) 

Annex II point 3, second paragraph, 
points (a), (b) and (c) 

Annex II point 4 

Annex II point 4 

Annex III(1), (2) and (3) 

Annex III(1), (2) and (3) 

Annex III(4) first, second and third indents 

Annex III(4) points (a), (b) and (c) 

Annex III(5), (6) and (7) 

Annex III(5), (6) and (7) 

________ 

________ 

Annex IV 

Annex V 

_____________ 

EN 

38 

   EN