The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Amendment to Schedule 3

46.  Schedule 3 (classification of pressure equipment) is amended as follows—

(a) Beneath the heading to “Schedule 3” insert the Part heading “Part 1”;

(b) For the heading “classification of pressure equipment” substitute “classification of pressure equipment before exit day”;

(c) after paragraph 4 insert—

“PART 2 Classification of pressure equipment immediately on or after exit day

5.   Pressure equipment referred to in regulation 6 (pressure equipment and assemblies subject to essential safety requirements) must be classified by category in accordance with Schedule 1B (conformity assessment tables) to these Regulations according to an ascending level of hazard.

6.— (1) In order to determine the appropriate category for classification of pressure equipment coming within regulations 6(a) to (c), the manufacturer must refer to the following tables within Schedule 1B to these Regulations—

(a) for pressure equipment coming within—

(i) regulation 6(a)(i)(aa), table 1;

(ii) regulation 6(a)(i) (bb), table 2;

(iii) regulation 6(a)(ii)(aa), table 3;

(iv) regulation 6(a)(ii)(bb), table 4;

(v) regulation 6(b), table 5;

(vi) regulation 6(c)(i)(aa), table 6;

(vii) regulation 6(c)(i)(bb), table 7;

(viii) regulation 6(c)(ii)(aa), table 8;

(ix) regulation 6(c)(ii)(bb), table 9;

(b) for pressure equipment coming within regulation 6(d), the category must be determined in accordance with paragraphs 2 and 3 of Schedule 1B to these Regulations.

(2) Where a vessel is composed of a number of chambers, it must be classified in the highest category applicable to the individual chambers and, where a chamber contains several fluids, classification must be on the basis of the fluid which requires the highest category.

7.   For the purposes of the classification referred to in paragraph (5), fluids shall be divided up into the following groups—

(a) group 1 consisting of substances and mixtures, as defined in points 7 and 8 of Article 2 of Regulation (EC) 1272/2008 of the European Parliament and of the Council of 16th December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EEC, and amending Regulation (EC) No 1907/2006, that are classified as hazardous in accordance with the following physical or health hazard classes laid down in Parts 2 and 3 of Annex 1 to that Regulation—

(i) unstable explosives or explosives of Divisions 1.1. 1.2. 1.3, 1.4 and 1.5;

(ii) flammable gases, category 1 and 2;

(iii) oxidising gases, category 1;

(iv) flammable liquids, categories 1 and 2;

(v) flammable liquids, category 3 where the maximum allowable temperature is above the flashpoint;

(vi) flammable solids, category 1 and 2;

(vii) self-reactive substances and mixtures, type A to F;

(viii) pyrophoric liquids, category 1;

(ix) pyrophoric solids, category 1;

(x) oxidising liquids, category 1, 2 and 3;

(xi) substances and mixtures which in contact with water emit flammable gases, category 1, 2 and 3;

(xii) oxidising liquids, category 1, 2 and 3;

(xiii) oxidising solids, category 1, 2 and 3;

(xiv) organic peroxides types A to F;

(xv) acute oral toxicity, category 1 and 2;

(xvi) acute dermal toxicity, category 1, 2 and 3;

(xvii) acute inhalation toxicity, category 1, 2 and 3;

(xviii) specific target organ toxicity – single exposure, category 1;

Group 1 also comprises substances and mixtures contained in pressure equipment with a maximum allowable temperature TS which exceeds the flashpoint of the fluid;

(b) group 2 consisting of substances and mixtures not referred to in point (a).

8.   Where a vessel is composed of a number of chambers, it shall be classified in the highest category applicable to the individual changes. Where a chamber contains several fluids, classification shall be on the basis of the fluid which requires the highest category.”.