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Directive 2010/35/EU of the European Parliament and of the CouncilShow full title

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)

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ANNEX IIIPROCEDURE FOR THE REASSESSMENT OF CONFORMITY

1.The method for ensuring that the transportable pressure equipment referred to in Article 1(2)(c) manufactured and put into service before the dates of implementation of Directive 1999/36/EC complies with the relevant provisions of the Annexes to Directive 2008/68/EC and of this Directive as applicable at the time of reassessment shall be as set out in this Annex.

2.The owner or operator must make available to a notified body conforming to EN ISO/IEC 17020:2004 type A, notified for reassessment of conformity, the information regarding the transportable pressure equipment which enables that body to identify the equipment precisely (origin, design rules, and for acetylene cylinders also details of the porous material). The information shall include, where appropriate, any prescribed restrictions on use, and any notes on possible damage or repairs which have been carried out.

3.The type A notified body, notified for reassessment of conformity, shall assess whether the transportable pressure equipment affords at least the same degree of safety as the transportable pressure equipment referred to in the Annexes to Directive 2008/68/EC. The assessment shall be carried out on the basis of the information produced in accordance with paragraph 2 and, where appropriate, of further inspections.

4.If the results of the assessment in paragraph 3 are satisfactory, the transportable pressure equipment shall be subject to the periodic inspection provided for in the Annexes to Directive 2008/68/EC. If the requirements of that periodic inspection are met the Pi marking shall be applied by or under the surveillance of the notified body responsible for the periodic inspection in accordance with Article 14(1) to (5). The Pi marking shall be followed by the identification number of the notified body responsible for the periodic inspection. The notified body responsible for the periodic inspection shall issue a certificate of reassessment in accordance with paragraph 6.

5.Where pressure receptacles were manufactured in series, Member States may authorise the reassessment of conformity of individual pressure receptacles, including their valves and other accessories used for transport, to be carried out by a notified body notified for periodic inspection of the relevant transportable pressure receptacles provided that conformity of the type has been assessed in accordance with paragraph 3 by a type A notified body, responsible for the reassessment of conformity, and a certificate of type reassessment issued. The Pi marking shall be followed by the identification number of the notified body responsible for the periodic inspection.

6.In all cases the notified body responsible for the periodic inspection shall issue the certificate of reassessment containing as a minimum:

(a)

the identification of the notified body issuing the certificate, and, if different, the identification number of the type A notified body responsible for the reassessment of conformity in accordance with paragraph 3;

(b)

the name and address of owner or operator specified in paragraph 2;

(c)

in the case of the application of the procedure in paragraph 5, the data identifying the certificate of type reassessment;

(d)

the data for identification of the transportable pressure equipment to which Pi marking has been applied including at least the serial number or numbers; and

(e)

the date of issue.

7.A certificate of type reassessment shall be issued.

Where the procedure in paragraph 5 is applied the type A body, responsible for the reassessment of conformity, shall issue the certificate of type reassessment containing as a minimum:

(a)

the identification of the notified body issuing the certificate;

(b)

the name and address of the manufacturer and the holder of the original type approval for the transportable pressure equipment being reassessed when the holder is not the manufacturer;

(c)

the data identifying the transportable pressure equipment belonging to the series;

(d)

the date of issue; and

(e)

the words: ‘this certificate does not authorise manufacture of transportable pressure equipment or parts thereof’.

8.By affixing or having affixed the Pi marking, the owner or operator indicates that he takes responsibility for the conformity of the transportable pressure equipment with all applicable requirements set out in the Annexes to Directive 2008/68/EC and in this Directive as applicable at the time of reassessment.

9.Where appropriate, the provisions of Annex II (2) shall be taken into account and the cold marking provided for in that Annex shall also be affixed.

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