Annexes to COM(2009)482 - Transportable pressure equipment - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2009)482 - Transportable pressure equipment. |
|---|---|
| document | COM(2009)482  |
| date | June 16, 2010 |
List of dangerous goods other than those in class 2
| UN Number | Class | Dangerous substance |
| 1051 | 6.1 | HYDROGEN CYANIDE, STABILISED containing less than 3 % water |
| 1052 | 8 | HYDROGEN FLUORIDE, ANHYDROUS |
| 1745 | 5.1 | BROMINE PENTAFLUORIDE Excluding carriage in tanks |
| 1746 | 5.1 | BROMINE TRIFLUORIDE Excluding carriage in tanks |
| 1790 | 8 | HYDROFLUORIC ACID with more than 85 % hydrogen fluoride |
| 2495 | 5.1 | IODINE PENTAFLUORIDE Excluding carriage in tanks |
ANNEX II
TRANSITIONAL PROVISIONS
1. Member States may retain their national provisions concerning devices intended for connection with other equipment and colour codes applicable to transportable pressure equipment until such time as relevant standards for use are added to the Annexes to Directive 2008/68/EC.
2. Member States in which the ambient temperature is regularly lower than –20 °C may impose more stringent standards as regards the operating temperature of material intended for transportable pressure equipment for use in the national transport of dangerous goods within their territory until provisions on the appropriate reference temperatures for given climatic zones are incorporated into the Annexes to Directive 2008/68/EC.
In that case, in the Pi marking of the transportable pressure equipment, including the demountable parts having a direct safety function, the identification number of the notified body shall be followed by ‘–40 °C’ or other relevant marking approved by the competent authority.
ANNEX III
PROCEDURE FOR THE REASSESSMENT OF CONFORMITY
1. The method for ensuring that the transportable pressure equipment referred to in Article 1(2)(c) manufactured and put into service before the dates of implementation of Directive 1999/36/EC complies with the relevant provisions of the Annexes to Directive 2008/68/EC and of this Directive as applicable at the time of reassessment shall be as set out in this Annex.
2. The owner or operator must make available to a notified body conforming to EN ISO/IEC 17020:2004 type A, notified for reassessment of conformity, the information regarding the transportable pressure equipment which enables that body to identify the equipment precisely (origin, design rules, and for acetylene cylinders also details of the porous material). The information shall include, where appropriate, any prescribed restrictions on use, and any notes on possible damage or repairs which have been carried out.
3. The type A notified body, notified for reassessment of conformity, shall assess whether the transportable pressure equipment affords at least the same degree of safety as the transportable pressure equipment referred to in the Annexes to Directive 2008/68/EC. The assessment shall be carried out on the basis of the information produced in accordance with paragraph 2 and, where appropriate, of further inspections.
4. If the results of the assessment in paragraph 3 are satisfactory, the transportable pressure equipment shall be subject to the periodic inspection provided for in the Annexes to Directive 2008/68/EC. If the requirements of that periodic inspection are met the Pi marking shall be applied by or under the surveillance of the notified body responsible for the periodic inspection in accordance with Article 14(1) to (5). The Pi marking shall be followed by the identification number of the notified body responsible for the periodic inspection. The notified body responsible for the periodic inspection shall issue a certificate of reassessment in accordance with paragraph 6.
5. Where pressure receptacles were manufactured in series, Member States may authorise the reassessment of conformity of individual pressure receptacles, including their valves and other accessories used for transport, to be carried out by a notified body notified for periodic inspection of the relevant transportable pressure receptacles provided that conformity of the type has been assessed in accordance with paragraph 3 by a type A notified body, responsible for the reassessment of conformity, and a certificate of type reassessment issued. The Pi marking shall be followed by the identification number of the notified body responsible for the periodic inspection.
6. In all cases the notified body responsible for the periodic inspection shall issue the certificate of reassessment containing as a minimum:
| (a) | the identification of the notified body issuing the certificate, and, if different, the identification number of the type A notified body responsible for the reassessment of conformity in accordance with paragraph 3; |
| (b) | the name and address of owner or operator specified in paragraph 2; |
| (c) | in the case of the application of the procedure in paragraph 5, the data identifying the certificate of type reassessment; |
| (d) | the data for identification of the transportable pressure equipment to which Pi marking has been applied including at least the serial number or numbers; and |
| (e) | the date of issue. |
7. A certificate of type reassessment shall be issued.
Where the procedure in paragraph 5 is applied the type A body, responsible for the reassessment of conformity, shall issue the certificate of type reassessment containing as a minimum:
| (a) | the identification of the notified body issuing the certificate; |
| (b) | the name and address of the manufacturer and the holder of the original type approval for the transportable pressure equipment being reassessed when the holder is not the manufacturer; |
| (c) | the data identifying the transportable pressure equipment belonging to the series; |
| (d) | the date of issue; and |
| (e) | the words: ‘this certificate does not authorise manufacture of transportable pressure equipment or parts thereof’. |
8. By affixing or having affixed the Pi marking, the owner or operator indicates that he takes responsibility for the conformity of the transportable pressure equipment with all applicable requirements set out in the Annexes to Directive 2008/68/EC and in this Directive as applicable at the time of reassessment.
9. Where appropriate, the provisions of Annex II (2) shall be taken into account and the cold marking provided for in that Annex shall also be affixed.
Statement by the European Parliament, the Council and the Commission on Article 290 TFEU
‘The European Parliament, Council and Commission declare that the provisions of this Directive shall be without prejudice to any future position of the institutions as regards the implementation of Article 290 TFEU or individual legislative acts containing such provisions.’
Statement by the Commission concerning the notification of delegated acts
‘The European Commission takes note that except in cases where the legislative act provides for an urgency procedure, the European Parliament and the Council consider that the notification of delegated acts, shall take into account the periods of recess of the institutions (winter, summer and European elections), in order to ensure that the European Parliament and the Council are able to exercise their prerogatives within the time limits laid down in the relevant legislative acts, and is ready to act accordingly.’