CELEX: 51998PC0286
Language: en
Date: 1998-05-12
Title: Amended proposal for a Council Directive on transportable pressure equipment

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        Brussels, 12.05.1998
                                        COM(1998) 286 final
                                        97/0011 (SYN)
                       Amended Proposal
                              fora
•
                    COUNCIL DIRECTIVE
      ON TRANSPORTABLE PRESSURE EQUIPMENT
  (presented by the Commission pursuant to Article 189 a (2)
                      of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                EXPLANATORY MEMORANDUM
  A.       On 8 January 1997 the Commission submitted to the Council a proposal for a
           Directive on transportable pressure equipment (COM(96) 674 final - SYN
           97/0011').
           On 10 July 19972 the Economic and Social Committee gave a favourable opinion.
           On 19 February 19983 the European Parliament gave an opinion on the proposal
           at the first reading.
           The Commission accepts amendments 4,6,7, 10, 11, 12 and 19, for the following
           reasons :
               amendment 4 because the proposed text is more accurate ;
              amendments 6, 10 and 19 because the proposed dates are more realistic ;
              amendment 7 because the extension of the scope to non-reiillable, is consistent
              with the objectives of the proposal ;
          - amendment 11 because the conformity of new equipments is also made by type
              "A" inspection bodies ;
          - amendment 12 because the possibility of doing periodic testing in different
              Member States is consistent with the proposal.
          The Commission accepts amendment 20 but only concerning the date.
          The Commission accepts amendments 9, 15 and 23 (the deletion of type UC"
          inspection bodies) if point 4 of Annex III is deleted (the definition of type "IV
          inspection bodies is extended).
         The Commission could not accept the other amendments proposed by the
         Parliament for the following reasons:
         - Amendment 1 is rejected since this whereas clause is limited to the main
             objective of the proposal, i.e. transport safety;
         - Amendments 2 and 3 are rejected, since, although they are primarily editorial
             changes, the Commission considers the proposed text more accurate;
1
  O.J. No. C95 of 24.03.1997, p. 2
2
  O.J. No. C296 of 26.09.1997, p. 6.
3
  O.J. No.
 ---pagebreak---      Amendment 14 is rejected, since the limitation only to existing type B
     inspection bodies is too restrictive and would prevent new type B inspection
     bodies entering the market;
     Amendments 16 and 20 are rejected since the Commission considers that
     frequency of controls upon bodies and the detailed penalty arrangements
     rightly fall under the competence of the Member States;
     Amendment 22 is also rejected since this modification, which does not allow
     an undertaking to do the maintenance and the periodic testing of an equipment
     is too restrictive.
B. The Commission therefore modifies its proposal as follows:
   Amendment No. 4:       adds "sufficiently" to the word independent.
   Amendments No. 6. 10. 19 and 20: delay the date
   Amendment No. 7:       extents the scope to non-relillable
   Amendments No. 9. 15. 23 and 9 bis: delete type C inspection bodies and extend
                                          the definition of type B inspection bodies
   Amendment No. 11 : limits the reassessment of existing extension to type A
                          inspection bodies
   Amendment No. 12: provides the possibility of doing the periodic testing in the
                          different Member States.
 ---pagebreak---                                      Amended Proposal
                                             fora
                                  COUNCIL DIRECTIVE
                           on transportable pressure equipment
 The Commission proposal in document COM(96) 674 final - SYN 97/0011 is amended
 as follows:
 Text initially proposed by the Commission                       Amended text
                                        (Amendment 4)
                                           Recital 11
 Whereas Member States have to designate          Whereas member States have to designate
 inspection bodies entitled to perform the        inspection bodies entitled to perform the
conformity assessment procedures and             conformity assessment procedures and
 periodic inspections and they also have to      periodic inspections and they also have to
ensure that such bodies are independent,         ensure that such bodies are sufficiently
efficient and professionally capable to          independent, efficient and professionally
carry out their appointed tasks;                 capable to carry out their appointed tasks;
Text initially proposed by the Commission                        Amended text
                                       (Amendment 6)
                                         Article 1(3)
3. Transportable pressure equipment placed       3. Transportable pressure equipment placed
on the market before 1 January 1999 which       on the market before 1 July 1999 which
does not meet the requirements of Council       does not meet the requirements of Council
Directives 94/55/1 iC and 96/49/HC does          Directives 94/55/HC and 96/49/BC does
not fall within the scope of this Directive.    not fall within the scope of this Directive.
 ---pagebreak---  ext initially proposed by the Commission                       Amended text
                                       (Amendment 7)
                                    Article 2, 1st indent
   'transportable pressure equipment' shall - 'transportable pressure equipment' shall
   mean œfillâhk equipment, including               mean equipment, including valves and
   valves and other accessories of Class 2          other accessories of Class 2 of the
   of the Annexes to Council Directives             Annexes      to    Council     Directives
   94/55/RC and 96/49/BC, approved for              94/55/EC and 96/49/EC, approved for
   the transport of gases of Class 2, as well       the transport of gases of Class 2, as well
   as for the transport of stabilised               as for the transport of stabilised
   hydrogen cyanide of Class 6.1 and                hydrogen cyanide of Class 6.1 and
   hydrogen fluoride, anhydrous and                 hydrogen fluoride, anhydrous and
   hydro(luoric acid solution of Class 8; it        hydrofluoric acid solution of Class 8; it
   shall include receptacles, demountable          shall include receptacles, demountable
   tanks, tank containers (portable tanks),        tanks, tank containers (portable tanks),
   and tanks of tank wagons, tanks or              and tanks of tank wagons, tanks or
   receptacles of battery vehicles and tanks       receptacles of battery vehicles and tanks
  of tank vehicles as defined in marginal          of tank vehicles as defined in marginals
   2211 and 10 014, 211 and Appendices X           2211 and 10 014, 211 and Appendices X
  and XI, paragraph 1.1.3 respectively of          and XI, paragraph 1.1.3 respectively of
  the Annexes to those directives;                 the Annexes to those directives;
Text initially proposed by the Commission                       Amended text
                                      (Amendment 9)
                                   Article 2, 6th indent
  type C inspection body' shall mean a Deleted
  body designated by the national
  competent authority of a Member State
  in conformity with Article 7 and
  meeting the criteria of Annexes I and
 ---pagebreak--- Text initially proposed by the Commission                     Amended text
                                    (Amendment 10)
                                        Article 3( 1
1. New transportable pressure equipment,       1. New transportable pressure equipment,
with the exception of gas cylinders bearing    with the exception of gas cylinders bearing
an E mark in accordance with Council           an E mark in accordance with Council
Directives 84/525/EEC, 84/526/EEC and          Directives 84/525/EEC, 84/526/EEC and
84/527/EEC, placed on the market or put        84/527/EEC, placed on the market or put
into service on or after 1 January 1999        into service from 1 July 1999 shall meet
shall meet the provisions applicable to        the provisions applicable to equipment of
equipment of Class 2 of the Annexes to         Class 2 of the Annexes to Council
Council Directive 94/55/EC and 96/46/EC.       Directive 94/55/EC and 96/49/EC.
Compliance of such transportable pressure      Compliance of such transportable pressure
equipment with these provisions shall be       equipment with these provisions shall be
proven exclusively in accordance with the      proven exclusively in accordance with the
eonlbrmily assessment procedures set out       conformity assessment procedures set out
in Annex V, part 1 and specified in Annex      in Annex V, part I and specified in Annex
VI.                                            VI.
Text initially proposed by the Commission                     Amended text
                                    (Amendment 11)
                                       Article 4(1)
1. lor transportable pressure equipment         1. for transportable pressure equipment
mentioned in Article l(2)(b) compliance of     mentioned in Article l(2)(b) compliance of
such equipment with the provisions of the      such equipment with the provisions of the
Annexes to Council Directives 94/55/EC         Annexes to Council Directives 94/55/EC
and 96/49/EC shall be proven exclusively       and 96/49/EC shall be proven exclusively
in accordance with the procedures for          in accordance with the procedures for
periodic inspection in Annex V, part II.       periodic inspection in Annex V, part II,
                                               provided that the reassessment of existing
                                               transportable pisssuie. equipment as
                                               defined in Article 1(2VbV third indent, of
                                               this Directive is undertaken by a type A
                                               inspection body.
 ---pagebreak--- Text initially proposed by the Commission                        Amended text
                                       (Amendment 12)
                                      Article 4(2a) (new)
                                                 2a. Member States may not prohibit the
                                                 submission for periodic testing of the
                                                 pressure equipment referred to in Article
                                                 H2)(b) irrespective of the Member State of
                                                 first approval.
Text initially proposed by the Commission                        Amended text
                                      (Amendment 15)*
                                           Article 7
                   Article 7                     Deleted,
 1. Member States shall likewise inform the
Commission and the other Member States
of the type C inspection bodies which they
have appointed, in accordance with the
criteria of paragraph 2. to carry out periodic
inspections of transportable pressure.
equipment defined in Article 2. to ensure
continued compliance with the relevant
provisions of Council Directives 94/55/EC
and 96/49/EC in accordance with the
procedures laid down in Annex V. part II.
modules 1 or 2. including the specific tasks
which these bodies carry out on behalf of
the competent authority and the
identification numbers assigned to them
beforehand by the Commission.
The Commission shall publish in the
Official     Journal of the European
Communities a list of the designated
type C inspection bodies, with their
identification numbers and the tasks for
which they have been designated. The
Commission shall ensure that this list is
kept up to date,
 ---pagebreak---  2. Member States shall apply the criteria
 set out in Annexes 1 and IV for the
 designation, of type C inspection bodies.
 Each inspection body shall submit to the
 Member State which intends to designate it
 complete information concerning. and
 evidence of. compliance with the criteria in
 Annexes I and IV.
 3. A Member State which has designated
 an inspection body of type C shall
 withdraw such a designation if it finds that
 the body no longer meets the criteria
 referred to in paragraph 2 above. It shall
 immediately inform the Commission and
 the other Member States oi such
 withdrawal of a designation.
      This amendment entails deletion of all references to Article 7 and to type C
      inspection bodies throughout the text of the proposal and its annexes.
Text initially proposed by the Commission                     Amended text
                                     (Amendment 19)
                                       Article 13(1)
 1. The Member States shall adopt and           1. The Member States shall adopt and
publish the laws, regulations and              publish the laws, regulations and
administrative provisions necessary for        administrative provisions necessary for
them to comply with this Directive before      them to comply with this Directive before
30 June 1998. They shall forthwith inform       1 January 1999, They shall forthwith
the Commission thereof.                        inform the Commission thereof.
When the Member States adopt those             When the Member States adopt those
measures they shall include references to      measures they shall include references to
this Directive or shall accompany them         this Directive or shall accompany them
with such references on their official         with such references on their official
publication. The Member States shall lay       publication. The Member States shall lay
down the manner in which such references       down the manner in which such references
shall be made                                  shall be made.
Member States shall apply these provisions Member States shall apply these provisions
from 1 January 1999.                           from 1 July 1999.
 ---pagebreak---  Text initially proposed by the Commission                    Amended text
                                      (Amendment 20)
                                         _ _ _ _ _
 3. Member States shall lay down the           3. Member States shall lay down the
 system of penalties for breaching the         system of penalties for breaching the
 national provisions adopted pursuant to this  national provisions adopted pursuant to this
 Directive and shall take all the measures     Directive and shall take all the measures
 necessary to ensure that those penalties are  necessary to ensure that those penalties are
applied. The penalties thus provided for       applied. The penalties thus provided for
shall be effective, proportionate and          shall be effective, proportionate and
dissuasive. Member Stales shall notify the     dissuasive. Member States shall notify the
relevant provisions to the Commission not      relevant provisions to the Commission not
 later than 30 June 1998 and shall notify any  later than I January 1999 and shall notify
subsequent changes as soon as possible.        any subsequent changes as soon as
                                               possible.
   ext initially proposed by the Commission                   Amended text
                                    (Amendment 9bis) *
                                        Annex 111(4)
_ Inspection services shall only be Deleted
supplied to the organisation of which the
inspection body forms a part and the clients
to whom they supply gas,
      This amendment is a consequence of amendments 9,15 and 23.
 ---pagebreak--- Text initially proposed by the Commission             Amended text
                                    (Amendment 23)*
                                         Annex IV
Annex IV                                      Deleted
Criteria supplementary to Annex 1 to be
met by designated inspection bodies of
type C referred to in Article 7
There shall be a clear separation of the
responsibilities of the inspection personnel
from those of the personnel employed in
the other functions. which shall he.
established by organisational identification
and the reporting methods of the inspection
body within the parent organisation.
    Annexes V, VI and VII are renumbered IV, V and VI respectively and all references
     thereto are changed accordingly
                                              10
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(98) 286 final
                                              DOCUMENTS
EN                                                                07 10 08
                                    Catalogue number : CB-CO-98-294-EN-C
                                                             ISBN 92-78-35583-6
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