2009/111/EC: Commission Decision of 10 February 2009 on the publication of the reference of standard EN 3-8:2006 Portable fire extinguishers — Part 8: Additional requirements to EN 3-7 for the construction, resistance to pressure and mechanical tests for extinguishers with a maximum allowable pressure equal to or lower than 30 bar in accordance with Directive 97/23/EC concerning pressure equipment (notified under document number C(2009) 739) (Text with EEA relevance)
Date: 2009-02-10
Institutions: European Commission
Subjects: Community certification, Sweden, approximation of laws, environmental risk prevention, fire protection, pressure equipment, technical regulations

11.2.2009

EN

Official Journal of the European Union

L 40/33

COMMISSION DECISION

of 10 February 2009
on the publication of the reference of standard EN 3-8:2006 ‘Portable fire extinguishers — Part 8:
Additional requirements to EN 3-7 for the construction, resistance to pressure and mechanical tests
for extinguishers with a maximum allowable pressure equal to or lower than 30 bar’ in accordance
with Directive 97/23/EC concerning pressure equipment

(notified under document number C(2009) 739)

(Text with EEA relevance)

(2009/111/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

regard to Directive 97/23/EC of

Having
the European
Parliament and of the Council of 29 May 1997 on the approxi­
mation of the laws of the Member States concerning pressure
equipment (1), and in particular Article 6 thereof,

Having regard to the opinion of the Standing Committee set up
in accordance with Article 5 of Directive 98/34/EC of
the
European Parliament and of
the Council of 22 June 1998
laying down a procedure for the provision of information in
the field of technical standards and regulations and of rules on
information Society Services (2),

Whereas:

(1)

(2)

Directive 97/23/EC provides that pressure equipment and
assemblies may be placed on the market and put into
service only if, when properly installed and maintained
and used for
they do not
endanger the health and safety of persons and, where
appropriate, domestic animals and property.

intended purpose,

their

Pressure equipment and assemblies are presumed to meet
the essential requirements referred to in Article 3 of
they conform to the national
Directive 97/23/EC if
the
standards
reference numbers of which have been published in the
Official Journal of the European Union.

transposing the harmonised standards

(1) OJ L 181, 9.7.1997, p. 1.
(2) OJ L 204, 21.7.1998, p. 37.

(4)

(5)

(6)

(7)

to Article 6 of Directive 97/23/EC, Sweden
Pursuant
lodged a
standard
formal objection in respect of
EN 3-8:2006 adopted by the European Committee for
Standardisation (CEN) on 2 November 2006 the
references of which have not yet been published in the
Official Journal of the European Union.

In its formal objection Sweden notes that Section 5 of
standard EN 3-8:2006 does not specify the types of
materials to be used and does therefore not satisfy the
essential requirements of point 4 of Annex I to Directive
97/23/EC.

Since Section 5 of standard EN 3-8:2006 provides for a
case by case material appraisal by the notified body
(particular material appraisal approach), the specification
of the types of materials to be used is not necessarily
concrete
required.
in the
technical
standard
EN 3-8:2006 cannot
the presumption of
confer
conformity to the requirements of point 4 of Annex I
to Directive 97/23/EC.

Furthermore,
specifications,

absence of
of
5

Section

In addition Sweden considers
in Section 6 of
standard EN 3-8:2006, important information necessary
to meet the requirements of point 2.2.4 of Annex I to
Directive 97/23/EC is missing, due to the lack of
specification of materials in Section 5 of that standard.

that

Directive 97/23/EC describes in Section 2.2 of Annex I
the methods to ensure adequate strength of the pressure
equipment,
including a calculation method or experi­
mental design method without calculation. The experi­
mental design method is based on a test programme as
defined in point 2.2.4 (a) and (b), that includes a pressure
strength test.

L 40/34

EN

Official Journal of the European Union

11.2.2009

(8)

it provides

compliance of

Section 6 of standard EN 3-8:2006 provides for the
experimental design method without calculation. As
required by point 2.2.4 of Annex I
to Directive
97/23/EC,
for a test programme with
several tests. Directive 97/23/EC does not exclude the
particular material appraisal approach as a method to
prove
the materials used with the
material specifications in point 4 of Annex I, when the
manufacturer applies the experimental design method. As
Section 5 of EN 3-8:2006 does not contain specific
material
equipment manufacturer
the
must ensure that the materials used comply with the
requirements of point 4 of Annex I to the Directive.
On the basis of this, the material characteristics would
in the
be used as a parameter of
the experimental design method test
framework of
the notified body
program, under
responsible
the
assessment of
for
equipment.

control of
conformity

the pressure test

requirements,

the
the

(9)

Sweden further notes that Section 7.2.2 on welding
procedures of EN 3-8:2006 does not comply with
in
point 3.1.2 of Annex I to Directive 97/23/EC, as,
addition to the standards listed,
it contains an open
reference to other recognised welding EN standards.

of

to

the

conformity

presumption

standard EN 3-8:2006 that

(10) Directive 97/23/EC stipulates in point 3.1.2 of Annex I
the requirements on permanent joining. The reference in
‘other
Section 7.2.2 of
standards are acceptable’
is not an adequate and suf­
ficiently concrete wording of a standard intended to
the
confer
requirements of Directive 97/23/EC. A harmonised
standard conferring the presumption of conformity to
the
the Directive must provide
concrete technical specifications on the design, manu­
facture and testing, in order to help manufacturers and
enable pressure equipment to be presumed to meet the
relevant essential requirements. However, Section 7.2.2
of EN 3-8:2006 contains a series of concrete references
to standards which contain welding specifications.
Therefore, although section 7.2.2 should be improved,
it would not be proportionate to refrain from publishing
the references of the standard on this ground.

requirements of

(11)

Finally, Sweden considers that Section 7.3.1 of standard
EN 3-8:2006, on the traceability of materials used in the
various parts of pressure equipment is imprecise, does
not provide
and
solutions
the presumption of
confer
it
therefore,
conformity to the requirements of point 3.1.5 of
Annex I to Directive 97/23/EC.

for
can not

technical

specific

to identify, by suitable means,

(12) Directive 97/23/EC requires in point 3.1.5 of Annex I
the application of suitable procedures in
(traceability)
order
the material
making up of the components which contribute to the
pressure resistance of the equipment, from their receipt
and production, up to the final test of the manufactured
pressure equipment. The objective of this requirement is
to avoid any doubt about the material specifications used
for the equipment. Manufacturers may apply different
and
characteristics
to
procedures,
methods of manufacture. The notified body
that
performs the conformity assessment procedure of the
equipment must assess, on a case by case basis,
whether
the requirement of
to the Directive. However,
point 3.1.5 of Annex I
although Section 7.3.1 should be improved,
it would
not be proportionate not
to publish the reference
numbers of the standard on this ground.

these procedures meet

according

the

(13)

essential

For this purpose, the Commission will request CEN to
present within three years a revised version of standard
EN 3-8:2006 in order to better reflect compliance with
requirements of Directive 97/23/EC.
the
this mandate and
Following the implementation of
results, possible further decisions
depending on its
concerning the current version of
the standard could
be envisaged.

(14)

The references of standard EN 3-8:2006 should therefore
be published in the Official Journal of the European Union,

HAS ADOPTED THIS DECISION:

Article 1

The reference of standard EN 3-8:2006 ‘Portable fire extin­
guishers – Part 8: Additional requirements to EN 3-7 for the
construction, resistance to pressure and mechanical tests for
extinguishers with a maximum allowable pressure equal to or
lower than 30 bar’ shall be published in the Official Journal of the
European Union.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 February 2009.

For the Commission

Günter VERHEUGEN
Vice-President