Directive 1999/36 - Transportable pressure equipment - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1999/36
Original proposal	COM(1996)674
CELEX number i	31999L0036

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Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment

Official Journal L 138 , 01/06/1999 P. 0020 - 0056

COUNCIL DIRECTIVE 1999/36/EC

of 29 April 1999

on transportable pressure equipment

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 75(1)(c) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 189c of the Treaty(3),

• (1) 

  Whereas within the framework of the common transport policy further measures must be adopted to ensure transport safety;

• (2) 

  Whereas each Member State currently requires all transportable equipment to be used on its territory to undergo certification and inspection, including periodic inspections, by its designated bodies; whereas this practice, requiring multiple approvals if equipment is to be used in more than one State in the course of a transport operation, constitutes an obstacle to the provision of transport services within the Community; whereas action by the Community to harmonise approval procedures is justified in order to facilitate the use of transportable pressure equipment on the territory of another Member State in the context of a transport operation;

• (3) 

  Whereas measures should be adopted for the progressive establishment of a single market in transport and, in particular, for free movement of transportable pressure equipment;

• (4) 

  Whereas action at Community level is the only possible way of achieving such harmonisation, since Member States acting independently or through international agreements cannot establish the same degree of harmonisation in the approvals for such equipment; whereas, currently, recognition of approvals given in different Member States is not satisfactory because of the element of discretion;

• (5) 

  Whereas a Council Directive is the appropriate legal instrument to enhance the safety of this equipment, as it provides a framework for uniform and compulsory application of the approval procedures by Member States;

• (6) 

  Whereas Council Directives 94/55/EC(4) and 96/49/EC(5) have extended the application of the provisions of the ADR(6) and RID(7) to cover national traffic in order to harmonise across the Community the conditions under which dangerous goods are transported by road and by rail;

• (7) 

  Whereas Directives 94/55/EC and 96/49/EC provide for the option of applying conformity assessment procedures based on modules in accordance with Decision 93/465/EEC(8) to certain new transportable pressure equipment; whereas this option should be replaced by an obligation extended to cover all new transportable pressure equipment used for the transport of dangerous goods and falling within the scope of Directives 94/55/EC and 96/49/EC;

• (8) 

  Whereas Directive 97/23/EC(9) lays down the general requirements for the free movement and safety of pressure equipment;

• (9) 

  Whereas aerosol dispensers and gas cylinders for breathing appliances should be excluded from the scope of this Directive as their free movement and safety are already covered by Directive 75/324/EEC(10) and Directive 97/23/EC;

• (10) 

  Whereas recognition of the approval certificates issued by the inspection bodies designated by the Member States' competent authorities, of the conformity assessment or reassessment procedures and of the periodic inspection procedures contributes towards removing obstacles to freedom to provide transport services; whereas such an objective cannot be achieved satisfactorily at another level by the Member States; whereas, to eliminate the element of discretion, it is necessary to establish clearly which procedures should be...

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