Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast) (Text with EEA relevance) (c. 29)

CHAPTER 1 GENERAL PROVISIONS

Article 1 Scope

1. This Directive shall apply to simple pressure vessels (‘vessels’) manufactured in series with the following characteristics:

(a) the vessels are welded, intended to be subjected to an internal gauge pressure greater than 0,5 bar and to contain air or nitrogen, and are not intended to be fired;

(b) the parts and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys;

(c) the vessel is made of either of the following elements:

(i)

a cylindrical part of circular cross-section closed by outwardly dished and/or flat ends which revolve around the same axis as the cylindrical part;

(ii)

two dished ends revolving around the same axis;

(d) the maximum working pressure of the vessel does not exceed 30 bar and the product of that pressure and the capacity of the vessel (PS × V) does not exceed 10 000 bar.L;

(e) the minimum working temperature is no lower than – 50 °C and the maximum working temperature is not higher than 300 °C for steel and 100 °C for aluminium or aluminium alloy vessels.

2. This Directive shall not apply to:

(a) vessels specifically designed for nuclear use, failure of which may cause an emission of radioactivity;

(b) vessels specifically intended for installation in or the propulsion of ships and aircraft;

(c) fire extinguishers.

Article 2 Definitions

For the purposes of this Directive, the following definitions shall apply:

(1)

‘making available on the market’ means any supply of a vessel for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(2)

‘placing on the market’ means the first making available of a vessel on the Union market;

(3)

‘manufacturer’ means any natural or legal person who manufactures a vessel or has a vessel designed or manufactured, and markets that vessel under his name or trade mark;

(4)

‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;

(5)

‘importer’ means any natural or legal person established within the Union who places a vessel from a third country on the Union market;

(6)

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a vessel available on the market;

(7)

‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;

(8)

‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a vessel;

(9)

‘harmonised standard’ means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;

(10)

‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;

(11)

‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;

(12)

‘conformity assessment’ means the process demonstrating whether the essential safety requirements of this Directive relating to a vessel have been fulfilled;

(13)

‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

(14)

‘recall’ means any measure aimed at achieving the return of a vessel that has already been made available to the end-user;

(15)

‘withdrawal’ means any measure aimed at preventing a vessel in the supply chain from being made available on the market;

(16)

‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products;

(17)

‘CE marking’ means a marking by which the manufacturer indicates that the vessel is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing.

Article 3 Making available on the market and putting into service

1. Member States shall take all necessary steps to ensure that the vessels may be made available on the market and put into service only if they satisfy the requirements of this Directive when properly installed and maintained and used for the purposes for which they are intended.

2. The provisions of this Directive shall not affect the right of Member States to specify the requirements they deem necessary in order to ensure that workers are protected when using vessels, provided it does not mean that those vessels are modified in a way unspecified in this Directive.

Article 4 Essential requirements

1. Vessels of which the product of PS × V exceeds 50 bar.L shall satisfy the essential safety requirements set out in Annex I.

2. Vessels of which the product of PS × V is 50 bar.L or less shall be designed and manufactured in accordance with the sound engineering practice in one of the Member States.

Article 5 Free movement

Member States shall not impede the making available on the market and the putting into service on their territory of vessels which satisfy the requirements of this Directive.