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Legislation

Title: Transportable pressure equipment
Sectors of Transport: Transport, Transport, Security & safety, Road transport
Weblinks: https://eur-lex.europa.eu/legal-content/AUTO/?uri=CELEX:32010L0035
Transportable pressure equipment

Transportable pressure equipment

 

SUMMARY OF:

Directive 2010/35/EU on transportable pressure equipment

WHAT IS THE AIM OF THE DIRECTIVE?

  • It sets out detailed rules on transportable pressure equipment*, to improve safety and to ensure free movement of such equipment within the EU.
  • It updates previous legislation, particularly with regard to conformity requirements, conformity assessments, periodic inspections and checks in relation to transportable pressure equipment and repeals Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.

KEY POINTS

Scope

The directive applies to:

  • new transportable pressure equipment which does not bear the conformity markings provided for in Directives 84/525/EEC, 84/526/EEC, 84/527/EEC or 1999/36/EC, for the purpose of making it available on the market;
  • transportable pressure equipment bearing the conformity markings provided for in the above directives, for the purposes of its periodic inspections, intermediate inspections, exceptional checks and use;
  • transportable pressure equipment which does not bear the conformity markings provided for in Directive 1999/36/EC, for the purposes of reassessment of conformity.

This directive does not apply to:

  • transportable pressure equipment placed on the market before the implementation date of Directive 1999/36/EC and which has not been subject to a reassessment of conformity;
  • transportable pressure equipment exclusively used for the transport of dangerous goods between EU and non-EU countries, undertaken in accordance with Directive 2008/68/EC (see summary on Inland transport of dangerous goods).

Obligations of manufacturers, importers and distributors

  • Manufacturers must ensure that when placing their transportable pressure equipment on the market, the equipment has been designed, manufactured and documented in compliance with the requirements in both this directive and in Directive 2008/68/EC. Once compliance has been demonstrated via the conformity assessment process, manufacturers must affix the Pi marking* to the equipment. This Pi marking must only be affixed by the manufacturer or, in cases of reassessment of conformity, by or under the surveillance of the notified body*.
  • If manufacturers believe that they have placed transportable pressure equipment on the market that does not conform to the requirements, they must immediately take the necessary corrective measures to fulfil the requirements and, where appropriate, withdraw or recall the equipment from the market. If requested by the competent national authority, manufacturers must provide all documents to prove the conformity of their equipment, in a language easily understood by the authority.
  • Manufacturers may, by a written mandate, appoint an authorised representative. The mandate will specify tasks for the authorised representative to undertake, but will include:
    • keeping the technical documentation at the disposal of national surveillance authorities;
    • providing the competent national authority, on request, with all necessary information and documentation to prove the conformity of the transportable pressure equipment;
    • cooperating with the competent national authorities on action taken to eliminate any risks posed by the equipment covered by the mandate.
  • Importers and distributors may only place transportable pressure equipment on the EU market that complies with Directive 2008/68/EC and Directive 2010/35/EU. They must ensure that the equipment bears the Pi marking and has the necessary certificate of conformity. Where importers or distributors do not believe the equipment to be in conformity, they must not place it on the market.
  • Importers, distributors and owners must:
    • inform the manufacturer and competent authority of any risk presented by the equipment. Alternatively, where relevant, the distributor can inform the importer and the owner can inform either the distributor or the importer of such a risk;
    • document all instances of non-compliance and corrective measures;
    • ensure that when transportable pressure equipment is under their responsibility, storage or transport conditions do not jeopardise its conformity.
  • The above does not apply to private individuals intending to use the equipment for their personal use, leisure or sporting activities.

Conformity of transportable pressure equipment

Transportable pressure equipment must meet the relevant conformity assessment, periodic inspection, intermediate inspection and exceptional checks requirements, as well as the specifications of the documentation according to which the equipment was manufactured.

Free movement of transportable pressure equipment

No EU country may prohibit, restrict or impede the free movement, the placing on the market and the use of transportable pressure equipment on their territory, if it complies with this directive.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 20 July 2010 and had to become law in the EU countries by 30 June 2011.

BACKGROUND

For more information, see:

KEY TERMS

Transportable pressure equipment: equipment group that covers the following:
  • all pressure receptacles, their valves and other accessories when appropriate;
  • tanks, battery vehicles/wagons, multiple-element gas containers, and cylinders for gases, their valves and other accessories when appropriate;
  • includes gas cartridges but excludes aerosols, open cryogenic receptacles, gas cylinders for breathing apparatus and fire extinguishers.
Pi marking: marking which indicates that the transportable pressure equipment complies with the applicable conformity assessment requirements set out in Directive 2008/68/EC and in Directive 2010/35/EU.
Notified body: an inspection body meeting the requirements set out in the Annexes to Directive 2008/68/EC and the conditions set out in Directive 2010/35/EU and notified to the EU country in which it is established.

MAIN DOCUMENT

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 (OJ L 165, 30.6.2010, pp. 1-18)

RELATED DOCUMENTS

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, pp. 13-59)

Successive amendments to Directive 2008/68/EC have been incorporated into the original document. This consolidated version is of documentary value only.

last update 27.09.2019

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