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Road safety: transportable pressure equipment

This directive sets out detailed rules on transportable pressure equipment to improve safety and to ensure free movement of such equipment within the European Union (EU). It updates previous legislation, particularly with regard to conformity requirements, conformity assessments and conformity procedures in relation to transportable pressure equipment.

ACT

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.

SUMMARY

This directive updates certain technical provisions of Directive 1999/36/EC to avoid conflicting rules. It sets out detailed rules on transportable pressure equipment *to improve safety and to ensure free movement of such equipment within the European Union (EU).

This 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.

Obligations of economic operators *

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. When this compliance is demonstrated through 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 on the market transportable pressure equipment 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:

  • keep the technical documentation at the disposal of national surveillance authorities;
  • provide the competent national authority, on request, with all necessary information and documentation to prove the conformity of the transportable pressure equipment;
  • cooperate 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 on the EU market transportable pressure equipment that complies with Directive 2008/68/EC and this directive. 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

The 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, when the above complies with this directive.

Key terms used in the act
  • Transportable pressure equipment:
    • all pressure receptacles, their valves and other accessories when appropriate;
    • tanks, battery vehicles / wagons, multiple-element gas containers (MEGCs), their valves and other accessories when appropriate;
    • includes gas cartridges but excludes aerosols, open cryogenic receptacles, gas cylinders for breathing apparatus and fire extinguishers;
  • economic operator: the manufacturer, the authorised representative, the importer, the distributor, the owner or the operator acting in the course of a commercial or public service activity, whether in return for payment or free of charge;
  • Pi marking: marking which indicates that the transportable pressure equipment is in conformity with the applicable conformity assessment requirements set out in Directive 2008/68/EC and in this directive.

REFERENCES

ActEntry into forceDeadline for transposition in the Member StatesOfficial Journal

Directive 2010/35/EU

20.7.2010

30.6.2011

OJ L 165 of 30.6.2010

Last updated: 24.09.2010
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