L 138/20 Official Journal of the European Communities 1.6.1999 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; (1) OJ C 95, 24.3.1997, p. 2, and 0] C 186, 16.6.1998, p. 11. (2) O] C 296, 29.9.1997, p. 6. (®) Opinion of the European Parliament of 19 February 1998 (OJ C 80, 16.3.1998, p. 217), Council Common Position of 30 November 1998 (O] C 18, 22.1.1999, p. 1) and Decision of the European Parliament of 10 March 1999 (not yet published in the Official Journal). (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(*) and 96/49/EC (°) have extended the application of the provisions of the ADR(®) and RID(”) 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 (%) 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 (%) Council Directive 94/5S/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (O] L 319, 12.12.1994, p. 7). (°) Council Directive 94/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (O] L 235, 17.9.1996, p. 25). (®) ADR: European Agreement concerning the International Carriage of Dangerous Goods by Road. (7) RID: Regulations concerning the International Carriage of Dangerous Goods by Rail as set out in Annex I to Appendix B of the amended version of the Convention concerning the international carriage of goods by rail (COTIF). (%) Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directive (O] L 220, 30.8.1993, p. 23).