2009/140/EC: Commission Decision of 10 February 2009 on the non-publication of the reference of standard EN 3-9:2006 Portable fire extinguishers — Part 9: Additional requirements to EN 3-7 for pressure resistance of CO 2 extinguishers , in accordance with Directive 97/23/EC concerning pressure equipment (notified under document number C(2009) 666) (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

19.2.2009

EN

Official Journal of the European Union

L 48/13

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 10 February 2009
on the non-publication of the reference of standard EN 3-9:2006 ‘Portable fire extinguishers —
Part 9: Additional requirements to EN 3-7 for pressure resistance of CO2 extinguishers’,
in

accordance with Directive 97/23/EC concerning pressure equipment

(notified under document number C(2009) 666)

(Text with EEA relevance)

(2009/140/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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 approx­
imation of the laws of the Member States concerning pressure
equipment (1), and in particular Article 6 thereof,

(3)

Pressure equipment and assemblies are presumed to meet
the essential requirements set out in Annex I to Directive
they conform to the national standards
97/23/EC if
the reference
transposing the harmonised standards
numbers of which have been published in the Official
Journal of the European Union.

to Article 6 of Directive 97/23/EC Sweden
Pursuant
lodged a
standard
formal objection in respect of
EN 3-9:2006 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.

Having regard to the opinion of the Standing Committee set up
in accordance with Article 5 of Directive 98/34/EC of
the
the Council of 22 June 1998
European Parliament and of
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)

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
they do not
and used for
endanger the health and safety of persons and, where
appropriate, domestic animals and property.

intended purpose,

their

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

(4)

Sweden considers that sections 4, 5.1, 5.2, 5.4, 6 and 8
of standard EN 3-9:2006 do not satisfy the essential
requirements of Directive 97/23/EC.

that only general

(5) With regard to section 4 (materials) of EN 3-9:2006,
Sweden considers
information is
given and that it is therefore not possible to provide
solutions with regard to the material
for
technical
to Directive
in point 4 of Annex I
requirements
97/23/EC. The precise choice of material
in this
context, an essential element in order to meet several
of
for pressure
equipment in accordance with the relevant requirement
of Mandate M/071 to CEN.

requirements

essential

safety

the

is,

L 48/14

EN

Official Journal of the European Union

19.2.2009

(6)

Section 4 of standard EN 3-9:2006 does not specify the
types of materials
to be used. The standard only
precludes the use of non-metallic materials for bodies
of operating devices and it requires that the materials
of the components that may be in contact with the
contents shall be compatible with both the contents
and the material of other components. Therefore,
in
the absence of concrete technical specifications, section
4 of EN 3-9:2006 can not confer the presumption of
conformity to the requirements of point 4 of Annex I to
Directive 97/23/EC.

(7) With

of

regard

the opinion that

standard
to section 5 (design)
EN 3-9:2006, and in particular sections 5.1 and 5.2,
Sweden is of
they do not contain
requirements with regard to the design of
technical
regards
CO2
pressure
these
clauses do not comply with points 2.3 and 2.9 of
Annex I to Directive 97/23/EC.

containment. Sweden considers

strength as

containers

adequate

that

for

(8)

Sections 5.1 and 5.2 of standard EN 3-9:2006 do not
contain any specific requirements on the design of the
cylinder and of the operating device, neither any detailed
technical solution to ensure safe filling and discharge.
the
Therefore,
presumption of conformity to the requirements of safe
handling and operation in point 2.3 and of safe filling
and discharge in point 2.9 of Annex I
to Directive
97/23/EC.

to confer

sufficient

are not

they

(11)

(12)

(13)

Sweden,

view of

section 6 of

is intended, according to its Annex ZA,

standard
In the
the assembled extin­
EN 3-9:2006 (manufacturing of
guisher)
to
ensure compliance with the requirements of point 2.8
to Directive 97/23/EC.
I
(Assemblies) of Annex
However, point 2.8 of Annex I to that Directive relates
rather to the design and not to the manufacturing of the
assembled extinguisher.

the assemblies,

Point 2.8 of Annex I to Directive 97/23/EC contains
to
design requirements for
ensure the suitability of the different components, their
proper integration and appropriate assembly to an inte­
grated and functional whole. Point 3 of Annex I to that
relating to
Directive
manufacturing.

contains detailed requirements

in order

Section 6 of standard EN 3-9:2006 does not contain
specific requirements with regard to the design.
It
contains rather general information on both the design
and manufacturing, without however being sufficient to
to
confer
the
presumption
requirements of point 2.8 of Annex I
to Directive
97/23/EC. Furthermore, as the content of this section
does not correspond to the relevant requirements of
the Directive, it might create confusion.

conformity

the

of

(9)

Sweden also considers
standard
EN 3-9:2006 does not comply with point 2.11.2 of
Annex I to Directive 97/23/EC.

that section 5.4 of

(14)

Finally, Sweden considers that section 8 of standard EN
3-9:2006 does not comply with the requirements of
point 3.3 of Annex I to Directive 97/23/EC, as two of
the most important parameters, the maximum allowable
pressure PS and the maximum allowable temperature
(TSmax) are missing.

(10)

Section 5.4 of standard EN 3-9:2006 states that
the
bursting disc safety device of the extinguisher must be
activated when the pressure is between 10 % more than
the maximum allowable pressure PS and the test pressure
PT. The bursting disc is classified in the standard as a
safety accessory. However,
the bursting disc is not a
typical pressure limiting device but rather a protection
device, as it intends to limit damage in case of overfilling
or overheating. Furthermore, point 2.11.2 of Annex I to
Directive 97/23/EC on pressure limiting devices requires
that these devices are so designed that the pressure will
not permanently exceed the maximum allowable pressure
PS and that only a short-duration surge may exceed PS
and even then only 10 %. Therefore, this section can not
confer
the presumption of conformity to Directive
97/23/EC.

(15) Directive 97/23/EC contains in point 3.3 of Annex I
detailed requirements on the marking and labelling of
pressure
for all pressure
equipment,
information on the essential maximum/
minimum allowable limits.

equipment. This

includes,

(16)

Section 8 of standard EN 3-9:2006 contains marking
requirements on the maximum allowable pressure PS,
but not on the allowable minimum and maximum
temperature (TSmin/TSmax). Therefore, it is not sufficient
to confer the presumption of conformity to point 3.3 of
Annex I to Directive 97/23/EC.

19.2.2009

EN

Official Journal of the European Union

L 48/15

(17)

(18)

In addition, the overall assessment of the structure and
the content of standard EN 3-9:2006 is unclear as to
whether it addresses the design requirements for the
assembly only (portable pressure extinguisher) or also
covers the design of the components and the manufac­
turing phase of
is liable to create
confusion as to its scope and the relationship between
its clauses and the essential requirements of Directive
97/23/EC.

the assembly.

It

Therefore, on the basis of EN 3-9:2006, of the infor­
mation received in the framework of the consultation
the national authorities, CEN and industry and
of
following assessment of all aspects concerned, it results
that harmonised standard EN 3-9:2006 fails to meet the
corresponding
of Directive
97/23/EC.

requirements

essential

HAS ADOPTED THIS DECISION:

Article 1
The reference of standard EN 3-9:2006 ‘Portable fire extin­
guishers — Part 9: Additional requirements to EN 3-7 for
shall not be
pressure
published in the list of standards published in the Official
Journal of the European Union.

resistance of CO2

extinguishers’

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 10 February 2009.

(19)

The references of standard EN 3-9:2006 should therefore
not be published in the Official Journal of the European
Union,

For the Commission

Günter VERHEUGEN
Vice-President