Directive 2010/35 - Transportable pressure equipment - Main contents
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Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2010/35 |
| Original proposal | COM(2009)482  |
| CELEX number i | 32010L0035 |
| Document | 16-06-2010; Date of signature |
|---|---|
| Publication in Official Journal | 30-06-2010; Special edition in Croatian: Chapter 07 Volume 024,OJ L 165, 30.6.2010 |
| Effect | 20-07-2010; Entry into force Date pub. +20 See Art 43 |
| End of validity | 31-12-9999 |
| Transposition | 30-06-2011; At the latest See Art 42.1 |
30.6.2010 |
EN |
Official Journal of the European Union |
L 165/1 |
DIRECTIVE 2010/35/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 June 2010
on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment (3) was adopted as a first step towards enhancing transport safety for transportable pressure equipment, whilst ensuring the free movement of transportable pressure equipment in a single transport market. |
(2) |
In the light of developments in transport safety, it is necessary to update certain technical provisions of Directive 1999/36/EC. |
(3) |
Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (4) extended the application of the provisions of certain international agreements to cover national traffic in order to harmonise the conditions under which dangerous goods are transported by road, rail and inland waterways across the Union. |
(4) |
It is therefore necessary to update the provisions of Directive 1999/36/EC accordingly to avoid conflicting rules, in particular as regards conformity requirements, conformity assessment and conformity assessment procedures in relation to transportable pressure equipment. |
(5) |
In order to enhance safety with regard to transportable pressure equipment approved for the inland transport of dangerous goods and to ensure free movement, including placing on the market, making available on the market and use of such transportable pressure equipment within the Union, it is necessary to lay down detailed rules concerning the obligations of the various operators and the requirements to be fulfilled by the equipment concerned. |
(6) |
Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (5) constitutes a general framework of a horizontal nature for future legislation harmonising the conditions for the marketing of products. This framework should apply where appropriate for the transportable pressure equipment sector in line with the objective of harmonising rules on the free movement of products. |
(7) |
In order not to hinder transport operations between Member States and third countries, this Directive should not apply to transportable pressure equipment exclusively used for the transport of dangerous goods between the territory of the Union and that of third countries. |
(8) |
The obligations of the different economic operators, including owners and operators of transportable pressure equipment, should be clearly defined in the interests of transport safety and the free movement of transportable pressure equipment. |
(9) |
Economic operators should in relation to their respective roles in the supply chain be responsible for the compliance of transportable pressure equipment with the safety and market access rules. |
(10) |
Compliance of new transportable pressure equipment with the technical requirements of the Annexes to Directive 2008/68/EC and this Directive should be demonstrated by means of a conformity assessment to provide evidence that the transportable pressure... |
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