OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the approximation of the laws, regulations and administrative provisions of the Member States relating to pressure equipment
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 19. 09. 1996 COM(%) 445 final - COD 462 OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the approximation of the laws, regulations and administrative provisions of the Member States relating to pressure equipment AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty OPINION OF THE COMMISSION 1. Background (a) Aim of proposal This proposal for a Directive, based on Article 100a of the Treaty, aims to harmonise the national provisions forming barriers to trade which are justified by the need to protect persons and property against risks related to pressure. (b) Date of Commission Decision: 14 July, 1993. (c) Date of transmission to European Parliament and to Council: 15 July, 1993. (d) Date of the opinion of the Economic and Social Committee: 22 December, 1993. (e) Date of adoption of the common position: 29 March, 1996. (f) Response to Parliament's amendments in the common position: The amendments of the European Parliament on a first reading and accepted by the Commission have been incorporated into the common position, but with some drafting changes. The Council has not incorporated Parliament's amendments on a first reading which were not accepted by the Commission. (g) Date of European Parliament's decision on the Common position of Council: 17 July, 1996. COM(93) 319 final 2. Position of the European Parliament During the Plenary Session in July 1996, the European Parliament adopted 14 amendments (see document PE A4-0217/96 annexed hereto) to the Common position of Council. These amendments: - request that exclusions from the scope must be regularly reviewed to ascertain whether it might become necessary to draw up technical harmonisation rules at Union level (amendment 1 - new recital); - request to review the application of directive 87/404/EEC to verify the need of its integration into the pressure equipment directive after a given period (amendment 2 - new recital); - require that Committee 83/189/EEC should, if necessary, consult technical experts (amendment 3); - clarify the text in relation to the use of means of attestation procedures (amendments 4 and 9), to the scope (amendment 5) and to the obligation of manufacturers to demonstrate compliance with the directive (amendment 15); - require that safety measures at trade fairs shall be taken in cooperation with the competent authority of the Member State concerned (amendment 6); - simplify the text by merging two paragraphs (amendment 7); - require that for pressure equipment in the higher danger categories III and IV, inspection must always be carried out by a suitable qualified third party independent of designer/manufacturer (amendment 8); - promote cooperation between Member States in the framework of market surveillance (amendment 11); - require that the interpretation of the essential requirements must take into account the state of the art and current practice (amendment 12); - requires that approvals for personnel and operating procedures must be carried out with a view to the certification procedures applied and not with a view to the danger categories as foreseen by the Common position (amendment 13); - reinforces an essential requirement related to the risk of overheating (amendment 14). 3. Opinion of the Commission 3. 1 The Commission can accept the 12 following amendments - - - - - - - - - amendment 1, since it explains exclusions from the field of application and reminds that free circulation must be guaranteed in future for those products if current measures were to fail; amendment 2, since it takes up a Commission statement in Council minutes promising to evaluate the usefulness to integrate directive 87/404/EEC into the pressure equipment directive in the light of gained experience; amendment 3, since it stresses the need for consultation of technical experts, if necessary, by the 83/189 Committee, which was already foreseen in directive 83/189/EEC as amended (article 5); amendments which clarify the text: amendments 4 and 9 with respect to the use of conformity attestation procedures; amendment 5 with respect to the scope and amendment 15 with respect to the obligation of manufacturers to demonstrate compliance with the directive; amendment 6, since it imposes on Member States the setting out of safety rules which must be followed at trade fairs; amendment 7, since it simplifies the text by merging two paragraphs; amendment 11, since it is in line with the general policy of the Commission on the development of administrative cooperation between Member States related to market surveillance; amendment 12, since it underlines the evolutionary character of the essential requirements; amendment 14, since it ensures alignment with other parts of the text ensuring thereby coherence. 3. 2 The Commission cannot accept the following amendments: - amendment 8, since it would not allow for the use of quality assurance as a means of conformity attestation which is foreseen by the common position. The use of these techniques is an important element of the Commission's industrial policy since they contribute to the creation of a business friendly regulatory environment allowing the strengthening of manufactures without lowering the level of safety to be achieved; - amendment 13, since a comprehensive and specific procedure for the approval of personnel and working procedures is already set out in the Common position. This specific procedure is independent from the product certification procedure applied. This amendment is therefore not only unnecessary but also in contradiction to the Common position. * ** Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE Common position of the Council Modified proposal Recital 8a (new) Whereas other pressure equipment subject to a maximum allowable pressure higher than 0. 5 bar and presenting a significant hazard due to pressure, but in respect of which free movement and an appropriate level of safety is guaranteed, is excluded from the scope of this Directive; whereas such exclusions should, however, be regularly reviewed in order to ascertain whether it is necessary to draw up rules at Union level; Common position of the Council Modified proposal Recital 10 the existing Community Whereas Directives on the approximation of the laws of the Member States relating to pressure equipment have made positive steps towards removing barriers to trade in this area; whereas those Directives cover that sector only to a minor extent; whereas Council Directive 87/404/EEC of 25 June 1987 on the harmonisation of the laws of the Member States relating to simple the first case of pressure vessels application of the new approach to the sector of pressure equipment; whereas the present Directive will not apply to the area covered by Directive 87/404/EEC; is is the existing Community Whereas Directives on the approximation of the laws of the Member States relating to pressure equipment have made positive steps towards removing barriers to trade in this area; whereas those Directives cover that sector only to a minor extent; whereas Council Directive 87/404/EEC of 25 June 1987 on the harmonisation of the laws of the Member States relating to simple the first case of pressure vessels application of the new approach to the sector of pressure equipment; whereas the present Directive will not apply to the area 87/404/EEC; covered whereas, no later than three years after the into force, a present Directive enters review will be carried out of the application of Directive 87/404/EEC in order the for integration the present Directive; whereas, until such time, the present Directive will not apply to the area covered by Directive 87/404/EEC; to ascertain thereof the need into by Directive Common position of the Council Modified proposal Recital 15 for this Whereas, the purposes of Directive, a harmonised standard is a technical specification (European standard or harmonisation document) adopted by one or other of those bodies, or by both, at the request of the Commission pursuant to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations and in accordance with the general guidelines referred to above; for this Whereas, the purposes of Directive, a harmonised standard is a technical specification (European standard or harmonisation document) adopted by one or other of those bodies, or by both, at the request of the Commission pursuant to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations and in accordance with the general guidelines referred to above; whereas in relation to standardisation, it would be advisable for the Commission to be assisted by the committee set up pursuant to Directive 83/189/EEC; whereas the committee will, if necessary, consult technical experts; Common position of the Council Modified proposal Article 1(2. 1. 2. ) together connected 2. 1. 2. "Piping" means piping components intended for the transport of fluids, for when integration into a pressure system. Piping includes in particular a pipe or system of pipes, tubing, fittings, expansion joints, hoses, or other pressure-bearing components as appropriate. together connected 2. 1. 2. "Piping" means piping components intended for the transport of fluids, for when integration into a pressure system. Piping includes in particular a pipe or system of pipes, tubing, fittings, expansion joints, hoses, or other pressure-bearing components as appropriate. exchangers consisting of pipes for the purpose of cooling or heating air shall be considered as piping. Heat Common position of the Council Modified proposal Article 1 (3. 2. ) \ for the networks supply. distribution and discharge of water and associated equipment and headraces such as penstocks, pressure tunnels, pressure shafts for hydroelectric installations and their related specific accessories; 3. 2. such stream waterways as tunnels, pressure penstocks, pressure shafts for hydroelectric installations and related specific accessories; their 3. 2. 10 Common position of the Council Modified proposal Article 2 (3) At fairs, trade 3. exhibitions, demonstrations, etc. , Member States shall the showing of pressure not prevent in equipment or assemblies as defined the in conformity with Article 1 not provisions of this Directive, provided that a visible sign clearly indicates their non conformity and their non-availability for sale until brought into conformity by the authorised manufacturer by or established within representative the Community. During demonstrations, adequate safety measures shall be taken to ensure the safety of persons. his At trade fairs, 3. exhibitions, demonstrations, etc. , Member States shall the showing of pressure not prevent in equipment or assemblies as defined the in conformity with Article 1 not provision s of this Directive, provided that a visible sign clearly indicates their non conformity and their non-availability for sale until brought into conformity by the authorised manufacturer or by established within representative the During demonstrations, Community. appropriate safety measures shall be taken in competent authority of the Member State concerned to ensure the safety of persons. cooperation with the his it Common position of the Council Modified proposal Article 4(1. 1. ) and (1. 2. ) the hazards due restrict or 1. 1. Member States shall not, on grounds of to pressure, the prohibit, impede placing on the market or putting into service under the conditions specified the manufacturer of pressure by equipment referred to in Article 1 which complies with this Directive and bears the CE marking indicating it has undergone conformity that assessment accordance with Article 10. in impede restrict or 1. 2. Member States shall not, on grounds of the hazards due to pressures, prohibit, the placing on the market or putting into service of assemblies referred to in Article 1 which comply with this Directive and bear the CE marking indicating that they have undergone conformity assessment in accordance with Article 10. the hazards due restrict or 1. 1. Member States shall not, on grounds of to pressure, the prohibit, impede placing on the market or putting into service under the conditions specified the manufacturer of pressure by equipment or assemblies referred to in Article 1 which comply with this Directive and bear the CE marking indicating that they have undergone conformity assessment in accordance with Article 10. 12 Common position of the Council Modified proposal Article 10 (2) (b) (b) the assessment of the integration of the the various components of assembly as referred to in sections 2. 3, 2. 8 and 2. 9 of Annex I shall be determined by the highest category applicable equipment concerned; the to (b) the assessment of the integration of the the various components of assembly as referred to in sections 2. 3, 2. 8 and 2. 9 of Annex I which shall be determined by the highest category applicable to the equipment concerned other than that applicable to any safety accessories: 13 Common position of the Council Modified proposal Article 16a (new) Article 16a Cooperation between Member States for implementing take appropriate Member States shall measures to ensure that the authorities responsible this Directive cooperate with each other and provide each other and the Commission with the information which is required for quaranteeing the provisions of this Directive. compliance with 14 Common position of the Council Modified proposal Annex I, Preliminary Observations, 3a (new) 3a. The essential requirements are to be interpreted and applied in such a way as to take account of the state of the art and current practice at the time of design and manufacture as well as of technical and economic are consistent with a high degree of health and safety protection. considerations which 15 Common position of the Council Modified proposal Annex 1(5), second paragraph, introductory sentence This pressure equipment must be calculated, designed and constructed so as to minimise risks of a significant loss of containment In particular it must be ensured, where applicable, that: from overheating. This pressure equipment must be calculated, designed and constructed so as to avoid or minimise risks of a significant loss of containment from overheating. In particular it must be ensured, where applicable, that: 16 Common position of the Council Modified proposal Annex 1(7), first paragraph The following provisions apply as a general rule. However, where they are not applied, must the manufacturer that appropriate measures demonstrate have been taken to achieve an equivalent overall level of safety. The following provisions apply as a general rule. However, where they are not applied, including in cases where materials are not specifically referred to and no harmonised standards are applied, the manufacturer must demonstrate that appropriate measures have been taken to achieve an equivalent overall level of safety. 17 ISSN 0254-1475 COM(96) 445 final DOCUMENTS EN 15 Catalogue number : CB-CO-96-453-EN-C ISBN 92-78-08782-3 Office for Official Publications of the Buropean Communities L-2985 Luxembourg AS