CELEX: 51986PC0112
Language: en
Date: 1986-03-14
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE HARMONIZATION OF THE LAWS OF THE MEMBER STATES RELATING TO SIMPLE PRESSURE VESSELS

No C 89/2                                Official Journal of the European Communities                                   15.4.86
                                                                II
                                                         (Preparatory Acts)
                                                   COMMISSION
              Proposal for a Council Directive on the harmonization of the laws of the Member States
                                                relating to simple pressure vessels
                                                        COM(86)l 12 final
                                (Submitted by the Commission to the Council on 7 March 1986)
                                                           (86/C 89/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             rules of the Community, namely the free movement of
                                                                     goods, barriers to intra-Community movement resulting
                                                                     from disparities in national laws on the marketing of
Having regard to the Treaty establishing the European                products have to be accepted in so far as those provisions
Economic Community, and in particular Article 100                    may be recognized as necessary to satisfy essential
thereof,                                                             requirements; whereas the harmonization of laws in the
                                                                     present case must therefore be confined to those
                                                                     provisions needed to satisfy the essential safety
Having regard to the proposal from the Commission,                   requirements for simple pressure vessels; whereas because
                                                                     they are essential these requirements must replace the
                                                                     corresponding national provisions;
Having regard to the opinion of the European Par-
liament,
                                                                     Whereas this Directive therefore contains only
                                                                     mandatory and essential requirements; whereas to facili-
Having regard to the opinion of the Economic and
                                                                     tate proof of conformity with the essential requirements
Social Committee,
                                                                     it is necessary to have harmonized standards at European
                                                                     level in particular as to the design, operation and instal-
                                                                     lation of simple pressure vessels so that products
Whereas Member States have the responsibility of                     complying with them may be assumed to conform to the
ensuring the safety on their territory of persons,                   safety requirements; whereas these standards harmonized
domestic animals and property with regard to the                     at European level are drawn up by private bodies and
hazards resulting from the leakage or bursting of simple             must remain non-mandatory texts; whereas for that
pressure vessels;                                                    purpose the European Committee for Standardization
                                                                     (CEN) and the European Committee for Electro-
                                                                     technical Standardization (CENELEC) are recognized as
Whereas in each Member State mandatory provisions                    the competent bodies for the adoption of harmonized
define in particular the safety level required of simple             standards in accordance with the general guidelines for
pressure vessels by specifying design and operating                  cooperation between the Commission and those two
characteristics, conditions of installation and use and              bodies signed on 13 November 1984; whereas for the
inspection procedures before and after placing on the                purposes of this Directive a harmonized standard is a
market; whereas these mandatory provisions do not                    technical specification (European standard or harmo-
necessarily lead to different safety levels from one                 nization document) adopted by one or both of those
Member State to another but do by their disparity hinder             bodies upon a remit from the Commission in accordance
trade within the Community;                                          with the provisions of Council Directive 83/189/EEC (')
                                                                     and the abovementioned general guidelines;
Whereas the national provisions ensuring such protection
must be harmonized in order to guarantee the free
movement of simple pressure vessels without lowering                 Whereas pending the adoption of harmonized standards
existing and justified levels of protection in the Member            for the purposes of this Directive it is desirable to faci-
States;                                                              litate the free movement of goods by accepting within
                                                                     the Community products in conformity with the selected
Whereas Community legislation as it stands at present
provides that, notwithstanding one of the fundamental                (') OJ No L 109, 26. 4. 1983, p. 8.
 ---pagebreak--- 15.4.86                                 Official Journal of the European Communities                               No C 89/3
national standards, as a transitional measure, through a           Moreover:
Community inspection procedure ensuring that the                   — the parts and assemblies contributing to the strength
national standards satisfy the essential requirements of               of the pressure vessel shall be made either of non-
this Directive; whereas for that purpose, in view of the               alloy, carbon or carbon/manganese quality steel, or
general and horizontal role played by the Standing                     of non-alloy aluminium or aluminium/magnesium
Committee set up by Article 5 of Directive 83/189/EEC                  alloy,
in the Community standardization policy and in
                                                                   — the vessel shall have a simple geometry enabling
particular its role in the formulation of standardization
                                                                       simple-to-use production processes to be used,
remits, and in the operation of the standstill arrangement
as regards European and national standardization, this             — the design pressure of the vessel shall not exceed 30
Committee is the ideal body for Community verification                 bars and the product of that pressure and the
of the conformity of national standards;                               capacity of the vessel (P x V) shall not exceed
                                                                       10 000 bar/litres,
                                                                   — the minimum working temperature shall lie between
Whereas a check on compliance with these technical                     — 10 °C and — 5 0 °C and the design temperature
requirements is necessary to provide effective protection              shall not exceed 300 °C for steel and 100 °C for
for users and third parties; whereas the existing                      aluminium vessels.
inspection procedures differ from one Member State to
another; whereas in order to avoid multiple inspections,
which are in effect barriers to the free movement of               3.    Vessels especially designed for the conveyance of
vessels, arrangements should be made for the mutual                compressed gases and fire extinguishers do not fall
recognition of inspection procedures by the Member                 within the scope of this Directive.
Staters; whereas, in order to facilitate the mutual
recognition of inspection procedures, harmonized
                                                                                              Article 2
Community procedures should be set up and the criteria
for appointing the bodies responsible for carrying out             1.    The vessels referred to in Article 1 may be placed
tests, surveillance and verification should be harmonized;         on the market and taken into service only if they do not
                                                                   compromise the safety of persons, domestic animals or
                                                                   property when properly stored and maintained and when
Whereas the presence on a simple pressure vessel of the            used for the purposes for which they are intended.
EC mark indicates that it satisfies the provisions of this
Directive and therefore makes it unnecessary, on import
                                                                   2.    Any additional conditions laid down at national
and placing into service of the vessel, to repeat the
                                                                   level in respect of installation, maintenance and use must
inspections already carried out; whereas nevertheless
                                                                   not involve modifications to vessels which comply with
simple pressure vessels might represent a safety hazard;
                                                                   this Directive.
whereas provision should therefore be made for a
procedure to reduce this harzard,
                                                                                              Article 3
HAS ADOPTED THIS DIRECTIVE:                                        The following shall not compromise the safety of
                                                                   persons, domestic animals or property when properly
                                                                   installed and used for the purposes for which they are
                                                                   intended:
                        CHAPTER I
                                                                   — vessels which satisfy the essential safety requirements
                                                                       set out in Annex I,
Scope and provisions on marketing and freedom of
                         movement                                  — vessels in respect of which the product of P and V
                                                                       does not exceed 20 bar/litres, which are manu-
                                                                       factured in accordance with the relevant sound
                          Article 1                                    engineering practice and bear markings concerning
                                                                       their service pressures and temperatures, and the
 1.    This Directive applies to simple pressure vessels               means of identifying the manufacturer.
manufactured in series and intended for normal use. It
defines the essential safety requirements and inspection
procedures relating thereto.                                                                  Article 4
                                                                   Member States shall not impede the placing on the
2.     For the purposes of this Directive, a simple pressure       market and the taking into service on their territory of
vessel means any welded vessel subjected to an internal            vessels which satisfy the requirements of this Directive.
pressure greater than atmospheric pressure which is
intended to contain compressed air or a compressed non-
                                                                                              Article 5
corrosive, non-inflammable, non-toxic gas, whose critical
temperature is less than — 1 0 °C, but which is not                1.     Member States shall presume compliance with the
intended to be fired.                                              essential safety requirements referred to in Article 3, in
 ---pagebreak--- No C 89/4                               Official Journal of the European Communities                                   15.4.86
respect of vessels bearing the        EC    mark    denoting       If the Commission or a Member State considers that a
conformity:                                                        national standard no longer satisfies the necessary
                                                                   conditions for presumption of compliance with the
(a) with the relevant national standards transposing the           essential safety requirements referred to in Article 3, the
     harmonized standards, the reference numbers of                Commission shall consult the Committee. Upon receipt
     which have been published in the Official Journal of          of the latter's opinion, the Commission shall inform the
     the European Communities; Member States shall                 Member States whether or not the standard in question
     publish the reference numbers of such national                shall continue to enjoy a presumption of compliance and,
     standards;                                                    if not, that it must be withdrawn from the publications
                                                                   referred to in Article 5 (2).
(b) or with the relevant national standards referred to in
     paragraph 2 in so far as, in the areas covered by such
     standards, no harmonized standards exist.
                                                                                             Article 7
2.     Member States shall communicate to the
Commission the texts of their national standards, as                1.    "Where a Member State ascertains that vessels
referred to in paragraph 1 (b), which they regard as               bearing the EC mark and used in accordance with their
complying with the basic requirements referred to in               original purpose are likely to compromise the safety of
Article 3. The Commission shall forward such texts                 persons, domestic animals or property, it shall take all
forthwith to the Member States. In accordance with the             appropriate measures to withdraw those products from
procedure provided for in Article 6 (2), it shall notify the       the market, prohibit the placing thereof on the market or
Member States of those national standards in respect of            restrict free movement thereof.
which there is a presumption of conformity with the
essential requirements referred to in Article 3.
                                                                   The Member State concerned shall immediately inform
Member States shall publish the reference numbers of               the Commission of any such measure, indicating the
those standards. The Commission shall also publish them            reasons for its decision, and in particular whether non-
in the Official Journal of the European Communities.               compliance is due to:
3.     Member States shall accept that vessels in respect of       (a) failure to meet the essential requirements referred to
which the manufacturer has not applied, or has applied                  in Article 3, where the vessel does not meet the
only in part, the standards referred to in paragraph 1                  standards referred to in Article 5 (1);
should be regarded as satisfying the essential
                                                                   (b) incorrect application of the standards referred to in
requirements referred to in Article 3 where, after receipt
                                                                       Article 5 (1);
of an EEC-type examination certificate, their conformity
with the approved specimen has been certified by the               (c) shortcomings in the standards referred to in Article 5
affixation of the EC mark.                                              (1) themselves.
                          Article 6
                                                                   2.     Where the decision referred to in paragraph 1 is
1.    Where a Member State or the Commission                       attributed to shortcomings in the standards, the
considers that the harmonized standards referred to in             Commission, after consulting the parties concerned, shall
Article 5 (1) (a) do not entirely meet the essential               bring the matter before the Committee within two
requirements referred to in Article 3, the Commission or           months if the Member State which has taken the
the Member State concerned shall bring the matter                  measures intends to uphold them. If the Commission,
before the Standing Committee set up under Directive               after consulting the Committee, finds that the action is
83/189/EEC, hereinafter referred to as 'the Committee',            justified, it shall immediately so inform the Member
giving the reasons therefor. The Committee shall deliver           State that took the action and the other Member States
an opinion without delay.                                          and shall initiate the procedures referred to in Article 6.
Upon receipt of the Committee's opinion, the
Commission shall inform the Member States whether or
not it is necessary to withdraw those standards from the           3.     Where a vessel which does not comply bears the
publications referred to in Article 5 (1) (a).                     EC mark, the competent Member State shall take appro-
                                                                   priate action against whomsoever has affixed the mark
2.    After receipt of the communication referred to in            and shall inform the Commission and the other Member
Article 5 (2) the Commission shall consult the                     States thereof.
Committee. Upon receipt of the latter's opinion, the
Commission shall, within one month, inform the
Member States whether or not the national standard in
question shall enjoy the presumption of conformity and,            4.     The Commission shall ensure that the Member
if so, whether the references thereof must be published            States are kept informed of the progress and outcome of
nationally.                                                        this procedure.
 ---pagebreak--- 15.4. 86                                 Official Journal of the European Communities                                 N o C 89/5
                         CHAPTER II                                 However, if a Member State has not approved any
                                                                    inspection bodies on its territory, it shall notify at least
                   Certification procedures                         one such body approved by another Member State.
                                                                    2.     Annex III sets out the minimum criteria which
                           Article 8                                Member States must meet as regards approval of
 1.    Prior to production of pressure vessels manu-                inspection bodies.
factured :
                                                                    3.     A Member State which has approved an inspection
(a) in accordance with the standards referred to in                 body must withdraw approval if it finds that the body no
     Article 5 (1), the manufacturer, or his representative         longer meets the criteria listed in Annex III. It shall
     established within the Community, shall, at his own            immediately inform the Commission and the other
     choice, either:                                                Member States accordingly.
    — inform an approved inspection body as referred
         to in Article 9 and forward to it the design and           4.     Only a Member State on whose territory an
         manufacturing record referred to in Annex II.2,            approved inspection body is established may withdraw
         or                                                         that approval or make it subject to restrictions.
    — submit for the EC-type examination referred to
         in Article 10 a specimen vessel;                           5.    An approved inspection body may carry out the
                                                                    inspections referred to in this Directive throughout the
(b) not in accordance, either in whole or in part, with             territory of the Community. It may, without
     the standards referred to in Article 5 (1), the manu-          relinquishing its responsibility, delegate to another
     facturer, or this representative established within the        approved body certain tasks that are incumbent upon it.
     Community, must submit a specimen of the vessel for
    the EC-type examination referred to in Article 10.                                EC-TYPE EXAMINATION
2.    Vessels manufactured in accordance with the                                             Article 10
standards referred to in Article 5 (1) or with the
approved specimen shall, prior to their being placed on             1.     EC-type examination is the procedure by which an
the market, be subjected:                                           approved inspection body ascertains and certifies that a
                                                                    specimen of a vessel satisfies the essential safety
(a) to the EC verification referred to in Article 11 where          requirements applicable to it.
    the product of P and V exceeds 3 000 bar/litres;
                                                                    2.    The application for EC-type examination shall be
(b) at the choice of the manufacturer, where the product            lodged by the manufacturer or by his authorized repre-
    of P and V does not exceed 3 000 bar/litres and                 sentative with a single approved inspection body in
     does exceed 20 bar/litres, either                              respect of a specimen of vessel or of a specimen
    — to the EC declaration of conformity referred to               representing a family of vessels. That official represen-
         in Article 12, when the approved inspection body           tative shall be established in the Community.
         contacted has adequate means of carrying out the
         EC surveillance referred to in Article 14, or              The application shall include:
    — to the EC verification referred to in Article 11.
                                                                    — the name and address of the manufacturer or of his
                                                                        authorized representative, and the place of manu-
3.     Member States having approved inspection bodies
                                                                        facture of the vessels,
on their territory shall ensure that, at the latest four
years after the date of adoption of this Directive, at least        — the design and manufacturing record referred to in
one of those bodies has the means to conduct the EC                     Annex II.2.
surveillance referred to in Article 14.
                                                                    It shall be accompanied by a vessel which is represen-
4.     The records and correspondence relating to the               tative of the production envisaged.
certification procedures referred to in paragraphs 1 and
2 shall be written in an official language of the Member            3.    The approved body shall carry out the EC-type
State in which the approved body is established.                    examination in the manner described below.
                                                                    It shall examine not only the design and manufacturing
                           Article 9
                                                                    record, in order to check its conformity, but also the
1.     Each Member State shall notify the Commission                vessel submitted.
and the other Member States of the approved inspection
bodies responsible for carrying out the certification pro-          When examining the vessel, the body shall:
cedures referred to in Article 8 (1) and (2). The                   (a) verify that the vessel has been manufactured in
Commission shall publish a list of these bodies, for infor-              conformity with the design and manufacturing
mation purposes, in the Official Journal of the European                 record and may be used in complete safety under its
Communities and shall ensure that the list is updated.                   intended service conditions;
 ---pagebreak--- No C 89/6                                Official Journal of the European Communities                                   15.4.86
(b) perform appropriate examinations and tests on each              and shall perform a hydraulic test on each vessel at a
     type of weld and on the base materials;                        pressure Ph equal to 1,35 times the vessels design
(c) check, where appropriate, whether the quality of the            pressure in order to check its leaktightness. Moreover,
     protective anti-corrosion coating is adequate for the          the inspection body shall carry out suitable tests on test
     intended use of the vessel.                                    pieces selected by the manufacturer from a representative
                                                                    production test piece or vessel in order to examine weld
                                                                    quality. The tests shall be carried out on longitudinal
                                                                    welds. However, where differing welding techniques are
4.     If the specimen complies with the essential                  used for longitudinal and circular welds, the tests shall
requirements referred to in Article 3 the approved body             be repeated on the circular welds.
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                         EC DECLARATION OF CONFORMITY
conditions to which its issue may be subject and be
accompanied by the descriptions and drawings necessary
                                                                                             Article 12
for identification of the approved specimen.
                                                                    1.     The EC declaration of conformity is the procedure
                                                                    whereby the manufacturer certifies vessels to be in
The approved body referred to above shall send a copy               conformity with the standards referred to in Article 5 (1)
of the certificate to the other approved bodies, which              or with an approved specimen and becomes subject to
may, on request, obtain a copy of the design and manu-              EC surveillance.
facturing record and the reports on the examinations and
tests carried out. The Commission and the Member
States may, on request, obtain a copy of the certificate,           2.     Manufacturers fulfilling the obligations arising out
the design and manufacturing record and the reports.                of Article 13 shall affix the EC mark provided for in
                                                                    Article 16 to vessels which he declares to be in
                                                                    conformity.
5.    A body which refuses to issue, or withdraws, an
EC-type examination certificate shall so inform the                 3.     The purpose of EC surveillance is to ensure, as
Member State which approved it. The latter shall inform             required by Article 14, that the manufacturer duly fulfils
the other Member States and the Commission, giving the              the obligations arising out of Article 13. Surveillance
reasons for the decision.                                           shall be performed by the approved body which issued
                                                                    the EC-type examination certificate referred to in Article
                                                                    10 where the vessels have been manufactured in
                                                                    accordance with an approved specimen or by the
                     EC VERIFICATION                                approved body to which the design and manufacturing
                                                                    record was sent in compliance with Article 8 (1) (a), first
                                                                    indent.
                          Article 11
1.    The purpose of EC verification is to check and                                        Article 13
certify that series-manufactured vessels comply with the
standards referred to in Article 5 (1) or with the                  Where a manufacturer makes use of the procedure
approved specimen. It shall be performed by an approved             referred to in Article 12, he must, before commencing
inspection body in accordance with the provisions set out           manufacture, send the body responsible for EC sur-
below and shall be denoted by the EC mark provided for              veillance a document describing the manufacturing
in Article 16, affixed to the certified vessels by that body.       processes and all of the predetermined, systematic
                                                                    measures taken to ensure compliance of the pressure
                                                                    vessels with the standards referred to in Article 5 (1) or
                                                                    the approved specimen.
2.    Verification shall be performed on batches of
vessels submitted by their manufacturer or by an au-
thorized representative thereof established within the              This document shall include, in particular:
Community. Batches shall be accompanied by the EC
type-approval certificate referred to in Article 10, or if          (a) a description of the means of manufacture and
the vessels are not manufactured to conform with an                      inspection appropriate to the construction of the
approved specimen, by the manufacturing record                           vessels;
referred to in Annex II.2. In the latter case the approved
body shall, prior to EC verification, examine the record            (b) an inspection document describing the examinations
in order to check its conformity.                                        to be carried out during manufacture, together with
                                                                         the procedures therefor;
3.    When a batch is examined, the inspection body                 (c) an undertaking to carry out the examinations and
shall check that the vessels have been manufactured in                   tests in accordance with the inspection document
conformity with the design and manufacturing record                      referred to above and to have a hydrostatic test
 ---pagebreak--- 15.4.86                                 Official Journal of the European Communities                                No C 89/7
    carried out on each vessel manufactured at a test              the body responsible for EC surveillance must report to
    pressure equal to 1,35 times the design pressure in            the Member State concerned and, where appropriate,
    order to check its leak tightness.                             withdraw the EC-type examination certificate.
    These examinations and tests shall be carried out by
    qualified staff who are sufficiently independent from                                    Article 16
    the production personnel, and shall be covered by a
                                                                   1.     The EC mark and the inscriptions provided for in
    report;
                                                                   Annex II.2 shall be affixed in a visible, easily legible and
(d) the addresses of the places of manufacture and                 indelible form to a data plate attached to the vessel in
    storage and the date on which manufacture is to                such a way that it cannot be removed.
    commence.
                                                                   The EC mark shall consist of the symbol C€.
Moreover, manufacturers shall authorize access to the              The stylized letter € shall contain in its lower part the
said places of manufacture and storage by the body                 last two digits of the year in which the mark was affixed.
responsible for EC surveillance, for inspection purposes,          In shall be accompanied by the mark of the approved
shall allow that body to select sample vessels and shall           inspection body responsible for EC verification or EC
provide it with all necessary information, and in                  surveillance.
particular:
                                                                   2.     The affixing to vessels of marks or inscriptions that
— the design and manufacturing record,
                                                                   are likely to be confused with the EC mark shall be
— the inspection report,                                           prohibited.
— the EC-type examination certificate, where appro-
    priate,                                                                                CHAPTER III
— a report on the examinations and tests carried out.
                                                                                          Final provisions
                           Article 14
                                                                                             Article 17
1.     The inspection body responsible for EC surveillance
must, before any manufacture takes place, examine both             Member States shall regularly inform the Commission of
the document referred to in Article 13 and the design              the activities carried out in pursuance of this Directive by
and manufacturing record referred to in Annex II.2 in              the bodies which they have approved in order to enable
order to check their conformity when vessels are not               it to ensure that the inspection and surveillance proce-
manufactured in accordance with an approved specimen.              dures are implemented correctly and without discrim-
                                                                    ination.
Moreover, during manufacture that body shall:
                                                                                             Article 18
— ensure that the manufacturer actually checks vessels
    produced in series in accordance with Article 13 (c),          Any decision taken by a Member State or an approved
                                                                    inspection body pursuant to this Directive shall state the
— conduct random spot checks on the places of manu-
                                                                    exact grounds on which it is based. Such a decision shall
    facture or storage of a vessel for inspection purposes.
                                                                    be notified as soon as possible to the party concerned,
2.     The body referred to in paragraph 1 shall supply            who shall at the same time be informed of the judicial
the Member State which approved it, and, on request,                remedies available to him under the laws in force in the
the other approved bodies, the other Member States and              Member State in question and of the time limits to which
the Commission, with a copy of the inspection report.               such remedies are subject.
                           Article 15                                                        Article 19
Where it is established that the EC mark has been                    1.   Member States shall bring into force the laws, regu-
wrongly affixed to vessels because:                                 lations and administrative provisions necessary in order
                                                                    to comply with this Directive by 30 June 1988. They
— they do not conform to the approved specimen,                     shall inform the Commission thereof.
— they conform to an approved specimen which does                   2.    Member States shall ensure that the texts of the
     not meet the essential requirements referred to in             provisions of national law which they adopt in the field
    Article 3,                                                      covered by this Directive are communicated to the
 — they do not conform to the relevant standards                    Commission.
     referred to in Article 5 ( 1 ) ,
                                                                                             Article 20
— the manufacturer has failed to fulfil his obligations
     under Article 13,                                              This Directive is addressed to the Member States.
 ---pagebreak--- N o C 89/8                             Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s              15.4.86
                                                                ANNEX       I
           The essential requirements necessary to ensure a proper level of intrinsic safety of the vessels are set out
           below.
           1.       MATERIALS
                   Manufacturers shall take account of 1.1 to 1.3 in selecting the appropriate materials as a function
                   of the intended use of the vessels. Those materials supplied for assembly manufacture which
                   contribute to the strength of the vessel under pressure shall be accompanied by an inspection slip
                   drawn up by the producer of the material.
           1.1.    Pressurized parts
                   The material referred to in Article 1 used for manufacturing the pressurized parts must be:
                   — capable of being welded by appropriate welding processes,
                   — ductile and tough, so that a rupture at minimum working temperature, does not give rise to
                       either fragmentation or brittle-type fracture,
                   — unaffected by ageing.
                   They must also comply with the special provisions set out in 1.1.1 and 1.1.2.
           1.1.1.  Steel vessels
                   Non-alloy carbon or carbon/manganese-quality steels shall:
                   (a) be killed or semi-killed and be supplied after normalization treatment or in an equivalent
                        state;
                   (b) the carbon content per product shall not exceed 0,25 %,
                   (c) have the same mechanical properties per product as follows:
                        — the minimum tensile strength R m must not be more 460 N/mm 2 ,
                        — the elongation after rupture A on test pieces taken in the length must be not less than
                            22 %,
                        — the average failure energy KCV must not be less than 35 J/cm 2 on test pieces taken in the
                            length at minimum service temperature. This shall only be required of steels intended for
                            the manufacture of vessels whose minimum service temperature is less than — 10° C and
                            whose wall thickness is more than 5 mm.
           1.1.2.  Aluminium vessels
                   Non-alloy aluminium shall have an aluminium content of at least 99,5 % and aluminium/
                   magnesium alloy shall display adequate resistance to intercrystalline corrosion. These materials
                   should be supplied in an annealed state and their lead content for each product shall not be less
                   than 0,05 %.
           1.2.     Fasteners
                   Bolts and nuts should be made of a material as specified in 1.1 or, as in the case of steel, of
                   carbon or carbon/manganese steels whose elongation after rupture A on test pieces taken in the
                   length should be at least 16 % .
           1.3.    Non-pressurized parts
                   All unpressurized parts of welded vessels must be of materials that are compatible with that of the
                   components to which they are welded.
           2.      VESSEL DESIGN
                   The vessels must withstand, at maximum working temperature, a pressure of not less than 1,5
                   times the design pressure without exhibiting signs of plastic deformation and 2,5 times the design
                   pressure before rupture. These qualities must be maintained throughout the period of use intended
                   of the vessel. According to the working temperature and pressure adopted, the minimum thickness
                   of the pressurized parts must be determined taking account the state of stresses due to internal
 ---pagebreak--- 15.4.86                           Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s             N o C 89/9
             pressure and to geometric discontinuties, the level of permissible stresses indicated in section 2.1
             and, where appropriate, the provisions set out in sections 2.2 and 2.3. However, the effective wall
             thickness adopted must be not less than 2 mm in the case of steel vessels and 3 mm in the case of
             aluminium vessels.
        2.1. Permissible stresses
             The permissible general membrane stress shall not exceed the lower of the values 0,6 R E T or 0,3
             R-m-
             The sum of the local membrane and bending stresses must not exceed 0,9 RET-
             The sum of the primary bending stresses must not exceed 1,8 RET-
             The manufacturer shall declare the limit value for yield strength R E T or of breaking strength R m
             used to determine these permissible stresses.
        2.2. Design coefficient
             Where the cylindrical portion of the vessel has a longitudinal weld, its thickness must not be less
             than 1,15 times the minimum thickness for the compressive strength of the vessel when the
             welding process used is non-automatic.
        2.3. Corrosion protection
             Adequate protection against corrosion must be provided for pressurized parts, either by increasing
             the minimum thickness for the compressive strength by at least 1 mm or by means'of a suitable
             coating.
        2.4. Apertures
             The vessels shall be provided with connecting pieces and with appropriately positioned inspection
             and drainage ports.
        3.   VESSEL MANUFACTURING PROCESSES
             Vessels shall be constructed in accordance with the manufacturing drawings prepared by the
             manufacturer.
             The intended manufacturing processes and inspection methods shall be such that the manufacturer
             is able to guarantee the safety of the units manufactured.
             The design of the joints and execution of the welds of the pressurized parts must guarantee
             welded joints which have mechanical characteristics at least equal to those of the base materials.
        3.1. Preparation of the plates
             The forming and chamfering of the plates must not give rise to surface defects, cracks, or to any
             change in their mechanical characteristics likely to be detrimental to the safe use of the vessels.
        3.2. Welds
             Welded assemblies contributing to the strength of a pressurized vessel shall be executed by welders
             or operators qualified up to an appropriate level of skill in accordance with the approved welding
             procedures. These approvals and qualification tests must be carried out by an approved inspection
             body.
             Manufacturers shall take all necessary steps to ensure that welded joints contain no fusion,
             penetration or joint defects or any cracks. In addition, welds must contain no elongated inclusions
             longer than 6 mm, or blow holes with a diameter greater than 0,3 e mm, 'e' being the thickness of
             the welded joint. Moreover, any group of inclusions or blow holes, the sum of whose lengths and
             diameters exceeds e mm over a weld length equal to 12 e mm, is unacceptable.
             Manufacturers shall perform non-destructive tests during manufacture as follows in order to
             maintain weld quality:
             (a) non-automatic welds:
                  at least 5 % of the length of the longitudinal welds on each vessel shall be examined,
                  including the weld junctions;
             (b) automatic welds:
                  at the beginning of each day, and after readjusting the machines, the longitudinal welds and
                  the weld junctions of the first vessel welded shall be examined.
 ---pagebreak--- N o C 89/10                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s              15.4.86
            4.        PLACING IN SERVICE O F T H E VESSELS
            4.1.      Installation of vessels
                      When the vessels are installed, care should be taken that their internal pressure cannot exceed the
                      maximum working pressure by more than 10 %. The latter pressure must not be greater than the
                      design pressure.
                      Moreover, vessels shall be installed in such a way that they are not subjected to vibrations or
                      stresses other than those generated by the internal pressure.
            4.2.      Use and conditions for the maintenance
                      Steps must be taken to ensure that the area of use and conditions for maintenance of the vessels
                      are made quite clear and that the vessels are used as intended.
                                                                    ANNEX II
            1.   Data plate
                 The data plate shall bear the EC mark provided for in Article 16, together with the following infor-
                 mation:
                 — the maximum working pressure,                                                               PS   in bar,
                 — the maximum working temperature,                                                            Tmax in °C,
                 — the minimum working temperature,                                                            Tmin in °C,
                 — the capacity of the vessel,                                                                 V    inl,
                 — any extra corrosion allowance,                                                              S    in mm
                 — the name or mark of the manufacturer,
                 — the EC type-approval number, where appropriate.
            2.   Design and manufacturing record
                 The design and manufacturing record shall comprise:
                 The description of the techniques and operations employed in order to meet the essential requirements
                 referred to in Article 3 for the standards referred to in Article 5(1) and in particular:
                 (a) a detailed manufacturing drawing of the vessel;
                 (b) document describing:
                     — the planned use of the vessel,
                     — the materials used,
                     — any information relevant to the design of the vessel,
                     — the welding processes used and the checks carried out,
                     — the conditions of installation and maintenance required to ensure adequately safe use of
                          vessels;
                 (c) the certificates relating to the suitable qualification of the welding operation and of the welders or
                     operators;
                 (d) the inspection slip for the materials used in the manufacture of pressurized assemblies, filled in by
                     the materials producer, in which he sets out the results of the routine in-plant inspection test
                     relating to chemical composition and mecnanical properties performed on materials made by the
                     same production process as the supply, but not necessarily on the materials delivered.
            3.   Definitions and symbols
            3.1.  Definitions
                 (a) The design pressure 'P' is the pressure chosen by the manufacturer and used to determine the
                     thickness of the pressurized parts.
                 (b) The maximum working pressure 'PS' is the maximum pressure which may be exerted under
                     normal conditions of use.
                 (c) The design temperature 'T' is the temperature chosen by the manufacturer and used to determine
                     the permissible stress.
 ---pagebreak--- 1 5 . 4 . 86                                    Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s           N o C 89/11
                   (d) The minimum working temperature is the lowest stabilized temperature in the wall of the vessel
                         under normal conditions of use.
                   (e) The maximum working temperature is the highest stabilized temperature which the wall of the
                         vessel may attain under normal conditions of use.
                                                      IS
                   (f) The yield strength ' R E T '       the value at temperature T, either:
                         — of the upper yield point ReH, for a material with both a lower and an upper yield point, or
                         —- of the proof stress R p    0j2 .
                   (g) Families of vessels:
                         vessels which differ from the specimen only in diameter and/or in the length of their cylindrical
                          portion within the following limits form part of the same family provided that the permissible
                          stresses referred to in Section 2.1 in Annex I are not exceeded:
                         — where a specimen consists of one or more shell rings in addition to the ends, variants in the
                              family must comprise at least one ring,
                         — where a specimen consists of two dished ends, variants in the family must have no shell rings.
                              Variations in length causing the apertures and penetrations to be modified must be shown in
                              the drawing for each variant.
                   (h) A batch of vessels shall consist at the most of 3 000 vessels of the same model made, within the
                          meaning of Article 10 (2), the same day or on consecutive days.
                   (i) There is series manufacture within the meaning of this Directive if several vessels to the same
                          model are manufactured the same day or on consecutive days.
             3.2. Symbols
                   A         = elongation after rupture (L 0 = 5,65         fsj,                                    %
                   P         = design pressure,                                                                     bar
                   PS        = working pressure,                                                                    bar
                   Ph        =   hydrostatic test pressure,                                                         bar
                   Rp0,2     =   proof stress at 0,2 %,                                                             N/mm 2
                   RET       =   yield strength at temperature T,                                                   N/mm 2
                   RE        =   yield strength,                                                                    N/mm 2
                   Rm        =   effective tensile stength,                                                         N/mm 2
                   S         =   corrosion allowance,                                                               mm
                   T         = design temperature,                                                                  °C
                   T m a x = maximum working temperature,                                                           °C
                   T m i n = minimum working temperature,                                                           °C
                   V         = capacity of the vessel,                                                              1
                                                                         ANNEX       III
                     Minimum criteria to be taken into account by Member States when appointing inspection bodies
             1. The 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 authorized
                 representative of any of those parties. They shall not become directly involved in the design, con-
                 struction, 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 inspection body.
             2. The inspection body and its staff must carry out the verification tests with the highest degree of pro-
                 fessional integrity and technical competence and must be free from all pressures and inducements, par-
                ticularly 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.
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            3. The inspection body must have at its disposal the necessary staff and possess 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:
               — sound technical and professional training,
               — 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.
            6. The inspection body must take out a third-party insurance policy unless civil liability is assumed by the
               State in accordance with national law, or the Member State itself is directly responsible for the tests.
            7. The staff of the inspection body shall be bound to observe professional secrecy with regard to all infor-
               mation gained in carrying out the tasks (except vis-a-vis the competent administrative authorities of the
               State in which its activities are carried out) under this Directive and the separate Directives or any
               provision of national law giving effect to them.