L 26412 Official Journal of the European Union 8.10.2009 DIRECTIVES DIRECTIVE 2009/105/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 relating to simple pressure vessels (codified version) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, vessels by specifying design and operating characteristics, conditions of installation and use and inspection procedures before and after the placing on the market. These mandatory provisions do not necessarily lead to different safety levels from one Member State to another but do, by their disparity, hinder trade within the Community. (4)  This Directive should therefore contain only mandatory and essential requirements. To facilitate proof of Having regard to the opinion of the European Economic and ;(;gefgsr;nlty with  the es.sentlal requirements, it 1S . . | ry to have harmonised standards at Community Social Committee ('), level, in particular as to the design, operation and instal- lation of simple pressure vessels, so that products complying with them may be assumed to conform to . . . . . the safety requirements. These standards harmonised at Acting  in accordance with the procedure laid down in Community level are drawn up by private bodies and Article 251 of the Treaty (%), should remain non-mandatory texts. For that purpose, the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Whereas: Standards Institute (ETSI) are recognised as the competent bodies for the adoption of harmonised standards in accordance with the general guidelines (°) for cooperation between the Commission, the European (1) Council Directive 87/404/EEC of 25 June 1987 on the Free Trade Association (EFTA) and those three bodies harmonization of the laws of the Member States relating signed on 28 March 2003. to simple pressure vessels (}) has been substantially amended several times (%). In the interests of clarity and rationality the said Directive should be codified. (5)  The Council has already adopted a series of Directives (2)  Member States have the responsibility of ensuring the designed to remove technical barriers to  trade in safety on their territory of persons, domestic animals accordapce with the principles ~established in its and property with regard to the hazards resulting from Resolution of 7 May 1985 on a new approach to the leakage or bursting of simple pressure vessels. technical harmonisation and standards (°); each of those Directives provides for the affixing of the ‘CE’ marking. The Commission, in its Communication of 15 June 1989 on a global approach to certification and testing (7), (3)  In each Member State, mandatory provisions define in prf)p(?sed that common rules be. drawn up concerning particular the safety level required of simple pressure a ‘CE rparklng with a single design. The Council, in its Resolution of 21 December 1989 on a global approach () 0] C 27, 3.2.2009, p. 41. to conformity assessment (%), approved as a guiding (?) Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Council Decision of 13 July () O] C 91, 16.4.2003, p. 7. 2009. (®) O] C 136, 4.6.1985, p. 1. () OJ L 220, 8.8.1987, p. 48. () OJ C 267, 19.10.1989, p. 3. (*) See Annex IV, Part A. () OJ C 10, 16.1.1990, p. 1.