30.6.2010 Official Journal of the European Union L1651 (Legislative acts) DIRECTIVES 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 EURO- PEAN 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 trans- portable pressure equipment (3) was adopted as a first step towards enhancing transport safety for transportable pres- sure equipment, whilst ensuring the free movement of transportable pressure equipment in a single transport market. In the light of developments in transport safety, it is nec- essary to update certain technical provisions of Directive 1999/36/EC. Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (*) extended the application of the (") Opinion of 17 February 2010 (not yet published in the Official Jour- nal). (?) Position of the European Parliament of 5 May 2010 (not yet published in the Official Journal) and Decision of the Council of 31 May 2010. () OJL138,1.6.1999, p. 20. (%) OJ L 260, 30.9.2008, p. 13. 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. It is therefore necessary to update the provisions of Direc- tive 1999/36/EC accordingly to avoid conflicting rules, in particular as regards conformity requirements, conformity assessment and conformity assessment procedures in rela- tion to transportable pressure equipment. 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 concern- ing the obligations of the various operators and the require- ments to be fulfilled by the equipment concerned. 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 (°) constitutes a general frame- work of a horizontal nature for future legislation harmo- nising the conditions for the marketing of products. This framework should apply where appropriate for the trans- portable pressure equipment sector in line with the objec- tive of harmonising rules on the free movement of products. In order not to hinder transport operations between Mem- ber 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. () OJ L 218, 13.8.2008, p. 82.