CELEX: 51996PC0445
Language: en
Date: 1996-09-19
Title: AMENDED PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO PRESSURE EQUIPMENT

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      Brussels, 19.09.1996
                                      COM(%) 445 final - COD 462
           OPINION OF THE COMMISSION
   pursuant to Article 189 b (2) (d) of the EC Treaty,
        on the European Parliament's amendments
    to the Council's common position regarding the
                       proposal for a
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
             on the approximation of the laws,
         regulations and administrative provisions
                           of the
                      Member States
                         relating to
                    pressure equipment
 AMENDING THE PROPOSAL OF THE COMMISSION
     pursuant to Article 189 a (2) of the EC Treaty
 ---pagebreak---  ---pagebreak---                        OPINION OF THE COMMISSION
1.  Background
(a) Aim of proposal
    This proposal for a Directive, based on Article 100a of the Treaty, aims to harmonise
    the national provisions forming barriers to trade which are justified by the need to
    protect persons and property against risks related to pressure.
(b) Date of Commission Decision: 14 July, 1993.
(c) Date of transmission to European Parliament and to Council: 15 July, 1993.
(d) Date of the opinion of the Economic and Social Committee: 22 December, 1993.
(e) Date of adoption of the common position: 29 March, 1996.
(f) Response to Parliament's amendments in the common position:
    The amendments of the European Parliament on afirstreading and accepted by the
    Commission have been incorporated into the common position, but with some
    drafting changes. The Council has not incorporated Parliament's amendments on a
    first reading which were not accepted by the Commission.
(g) Date of European Parliament's decision on the Common position of Council:
     17 July, 1996.
         COM(93) 319 final
                                          2.
 ---pagebreak--- Position of the European Parliament
During the Plenary Session in July 1996, the European Parliament adopted 14
amendments (see document PE A4-0217/96 annexed hereto) to the Common position
of Council. These amendments:
- request that exclusions from the scope must be regularly reviewed to ascertain
   whether it might become necessary to draw up technical harmonisation rules at
   Union level (amendment 1 - new recital);
- request to review the application of directive 87/404/EEC to verify the need of its
   integration into the pressure equipment directive after a given period (amendment 2
   - new recital);
- require that Committee 83/189/EEC should, if necessary, consult technical experts
   (amendment 3);
- clarify the text in relation to the use of means of attestation procedures
   (amendments 4 and 9), to the scope (amendment 5) and to the obligation of
   manufacturers to demonstrate compliance with the directive (amendment 15);
- require that safety measures at trade fairs shall be taken in cooperation with the
   competent authority of the Member State concerned (amendment 6);
- simplify the text by merging two paragraphs (amendment 7);
- require that for pressure equipment in the higher danger categories III and IV,
   inspection must always be carried out by a suitable qualified third party
   independent of designer/manufacturer (amendment 8);
 - promote cooperation between Member States in the framework of market
    surveillance (amendment 11);
 - require that the interpretation of the essential requirements must take into account
    the state of the art and current practice (amendment 12);
 - requires that approvals for personnel and operating procedures must be carried out
    with a view to the certification procedures applied and not with a view to the
    danger categories as foreseen by the Common position (amendment 13);
 - reinforces an essential requirement related to the risk of overheating (amendment
     14).
 ---pagebreak--- 3.  Opinion of the Commission
3.1 The Commission can accept the 12 following amendments
    -  amendment 1, since it explains exclusions from the field of application and
       reminds that free circulation must be guaranteed in future for those products if
       current measures were to fail;
    -  amendment 2, since it takes up a Commission statement in Council minutes
       promising to evaluate the usefulness to integrate directive 87/404/EEC into the
       pressure equipment directive in the light of gained experience;
    -  amendment 3, since it stresses the need for consultation of technical experts, if
       necessary, by the 83/189 Committee, which was already foreseen in directive
       83/189/EEC as amended (article 5);
    -  amendments which clarify the text: amendments 4 and 9 with respect to the use of
       conformity attestation procedures; amendment 5 with respect to the scope and
       amendment 15 with respect to the obligation of manufacturers to demonstrate
       compliance with the directive;
    -  amendment 6, since it imposes on Member States the setting out of safety rules
       which must be followed at trade fairs;
    -  amendment 7, since it simplifies the text by merging two paragraphs;
    -  amendment 11, since it is in line with the general policy of the Commission on the
       development of administrative cooperation between Member States related to
       market surveillance;
    -  amendment 12, since it underlines the evolutionary character of the essential
       requirements;
    -  amendment 14, since it ensures alignment with other parts of the text ensuring
       thereby coherence.
 ---pagebreak--- 3.2 The Commission cannot accept the following amendments:
    -  amendment 8, since it would not allow for the use of quality assurance as a means
       of conformity attestation which is foreseen by the common position. The use of
       these techniques is an important element of the Commission's industrial policy
       since they contribute to the creation of a business friendly regulatory environment
       allowing the strengthening of manufactures without lowering the level of safety to
       be achieved;
    -  amendment 13, since a comprehensive and specific procedure for the approval of
       personnel and working procedures is already set out in the Common position.
       This specific procedure is independent from the product certification procedure
       applied. This amendment is therefore not only unnecessary but also in
       contradiction to the Common position.
                                           ***
 ---pagebreak---                               Amended proposal for a
            EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
Common position of the Council                        Modified proposal
                                 Recital 8a (new)
                                           Whereas other pressure equipment subject to
                                           a maximum allowable pressure higher than
                                           0.5 bar and presenting a significant hazard
                                           due to pressure, but in respect of which free
                                           movement and an appropriate level of safety
                                           is guaranteed, is excluded from the scope of
                                           this Directive; whereas such exclusions
                                           should, however, be regularly reviewed in
                                           order to ascertain whether it is necessary to
                                           draw up rules at Union level;
 ---pagebreak--- Common position of the Council                                Modified proposal
                                           Recital 10
Whereas      the    existing    Community           Whereas      the    existing    Community
Directives on the approximation of the              Directives on the approximation of the
laws of the Member States relating to               laws of the Member States relating to
pressure equipment have made positive               pressure equipment have made positive
steps towards removing barriers to trade in         steps towards removing barriers to trade in
this area; whereas those Directives cover           this area; whereas those Directives cover
that sector only to a minor extent; whereas         that sector only to a minor extent; whereas
Council Directive 87/404/EEC of 25 June             Council Directive 87/404/EEC of 25 June
1987 on the harmonisation of the laws of            1987 on the harmonisation of the laws of
the Member States relating to simple                the Member States relating to simple
pressure vessels is the first case of               pressure vessels is the first case of
application of the new approach to the              application of the new approach to the
sector of pressure equipment; whereas the           sector of pressure equipment; whereas the
present Directive will not apply to the area        present Directive will not apply to the area
covered by Directive 87/404/EEC;                    covered by Directive           87/404/EEC;
                                                    whereas, no later than three years after the
                                                    present Directive enters into force, a
                                                    review will be carried out of the
                                                    application of Directive 87/404/EEC in
                                                    order to ascertain the need for the
                                                    integration thereof into the present
                                                    Directive; whereas, until such time, the
                                                    present Directive will not apply to the area
                                                    covered by Directive 87/404/EEC;
 ---pagebreak--- Common position of the Council                                Modified proposal
                                           Recital 15
Whereas, for the purposes of this                   Whereas, for the purposes of this
Directive, a harmonised standard is a               Directive, a harmonised standard is a
technical specification (European standard          technical specification (European standard
or harmonisation document) adopted by               or harmonisation document) adopted by
one or other of those bodies, or by both, at        one or other of those bodies, or by both, at
the request of the Commission pursuant to           the request of the Commission pursuant to
Council Directive 83/189/EEC of 28                  Council Directive 83/189/EEC of 28
March 1983 laying down a procedure for              March 1983 laying down a procedure for
the provision of information in the field of        the provision of information in the field of
technical standards and regulations and in          technical standards and regulations and in
accordance with the general guidelines              accordance with the general guidelines
referred to above;                                  referred to above; whereas in relation to
                                                    standardisation, it would be advisable for
                                                    the Commission to be assisted by the
                                                    committee set up pursuant to Directive
                                                    83/189/EEC; whereas the committee will,
                                                    if necessary, consult technical experts;
 ---pagebreak--- Common position of the Council                              Modified proposal
                                       Article 1(2.1.2.)
2.1.2. "Piping" means piping components            2.1.2. "Piping" means piping components
       intended for the transport of fluids,              intended for the transport of fluids,
       when connected together for                        when connected together for
       integration into a pressure system.                integration into a pressure system.
       Piping includes in particular a pipe               Piping includes in particular a pipe
       or system of pipes, tubing, fittings,              or system of pipes, tubing, fittings,
       expansion joints, hoses, or other                  expansion joints, hoses, or other
       pressure-bearing components as                     pressure-bearing components as
       appropriate.                                       appropriate.      Heat exchangers
                                                          consisting of pipes for the purpose
                                                          of cooling or heating air shall be
                                                          considered as piping.
 ---pagebreak--- Common position of the Council                        Modified proposal
                                   Article 1 (3.2.)
                                                                                          \
3.2. stream waterways such as                 3.2.  networks       for    the     supply.
     penstocks,     pressure   tunnels,             distribution and discharge of water
     pressure shafts for hydroelectric              and associated equipment and
     installations and their related                headraces such as penstocks,
     specific accessories;                          pressure tunnels, pressure shafts for
                                                    hydroelectric installations and their
                                                    related specific accessories;
                                          10
 ---pagebreak--- Common position of the Council                                Modified proposal
                                         Article 2 (3)
3.      At    trade    fairs,   exhibitions,        3.      At    trade     fairs,   exhibitions,
demonstrations, etc., Member States shall           demonstrations, etc., Member States shall
not prevent the showing of pressure                 not prevent the showing of pressure
equipment or assemblies as defined in               equipment or assemblies as defined in
Article 1 not in conformity with the                Article 1 not in conformity with the
provisions of this Directive, provided that         provision s of this Directive, provided that
a visible sign clearly indicates their non-         a visible sign clearly indicates their non-
conformity and their non-availability for           conformity and their non-availability for
sale until brought into conformity by the           sale until brought into conformity by the
manufacturer or by his authorised                   manufacturer or by his authorised
representative established within the               representative established within the
Community.        During demonstrations,            Community.         During demonstrations,
adequate safety measures shall be taken to          appropriate safety measures shall be taken
ensure the safety of persons.                       in cooperation with the competent
                                                    authority of the Member State concerned
                                                    to ensure the safety of persons.
                                               it
 ---pagebreak--- Common position of the Council                               Modified proposal
                                  Article 4(1.1.) and (1.2.)
1.1. Member States shall not, on grounds           1.1. Member States shall not, on grounds
     of the hazards due to pressure,                     of the hazards due to pressure,
     prohibit, restrict or impede the                    prohibit, restrict or impede the
     placing on the market or putting into               placing on the market or putting into
     service under the conditions specified              service under the conditions specified
     by the manufacturer of pressure                     by the manufacturer of pressure
     equipment referred to in Article 1                  equipment or assemblies referred to
     which complies with this Directive                  in Article 1 which comply with this
     and bears the CE marking indicating                 Directive and bear the CE marking
     that it has undergone conformity                    indicating that they have undergone
     assessment in accordance with                       conformity assessment in accordance
     Article 10.                                         with Article 10.
1.2. Member States shall not, on grounds
     of the hazards due to pressures,
     prohibit, restrict or impede the
     placing on the market or putting into
     service of assemblies referred to in
     Article 1 which comply with this
     Directive and bear the CE marking
     indicating that they have undergone
     conformity assessment in accordance
     with Article 10.
                                              12
 ---pagebreak--- Common position of the Council                             Modified proposal
                                    Article 10 (2) (b)
(b) the assessment of the integration of        (b) the assessment of the integration of
    the various components of the                      the various components of the
    assembly as referred to in sections                assembly as referred to in sections
    2.3, 2.8 and 2.9 of Annex I shall be               2.3, 2.8 and 2.9 of Annex I which
    determined by the highest category                 shall be determined by the highest
    applicable to the equipment                        category applicable to the equipment
    concerned;                                         concerned other than that applicable
                                                       to any safety accessories:
                                            13
 ---pagebreak--- Common position of the Council                       Modified proposal
                               Article 16a (new)
                                                             Article 16a
                                            Cooperation between Member States
                                            Member States shall take appropriate
                                            measures to ensure that the authorities
                                            responsible for implementing this
                                            Directive cooperate with each other and
                                            provide each other and the Commission
                                            with the information which is required for
                                            quaranteeing compliance with the
                                            provisions of this Directive.
                                       14
 ---pagebreak--- Common position of the Council                         Modified proposal
                     Annex I, Preliminary Observations, 3a (new)
                                             3a. The essential requirements are to be
                                             interpreted and applied in such a way as to
                                             take account of the state of the art and
                                             current practice at the time of design and
                                             manufacture as well as of technical and
                                             economic considerations which are
                                             consistent with a high degree of health and
                                             safety protection.
                                          15
 ---pagebreak--- Common position of the Council                            Modified proposal
                    Annex 1(5), second paragraph, introductory sentence
This pressure equipment must be                 This pressure equipment must be
calculated, designed and constructed so as      calculated, designed and constructed so as
to minimise risks of a significant loss of      to avoid or minimise risks of a significant
containment from overheating.           In      loss of containment from overheating. In
particular it must be ensured, where            particular it must be ensured, where
applicable, that:                               applicable, that:
                                            16
 ---pagebreak--- Common position of the Council                               Modified proposal
                                   Annex 1(7),firstparagraph
The following provisions apply as a                The following provisions apply as a
general rule. However, where they are not          general rule. However, where they are not
applied,      the     manufacturer     must        applied, including in cases where materials
demonstrate that appropriate measures              are not specifically referred to and no
have been taken to achieve an equivalent           harmonised standards are applied, the
overall level of safety.                           manufacturer must demonstrate that
                                                   appropriate measures have been taken to
                                                   achieve an equivalent overall level of
                                                   safety.
                                               17
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 445 final
                                              DOCUMENTS
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                                    Catalogue number : CB-CO-96-453-EN-C
                                                             ISBN 92-78-08782-3
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