CHAPTER 6COMMITTEE PROCEDURE AND DELEGATED ACTS

Article 45Delegated power

1.

In order to take into account emerging very serious safety reasons, the Commission shall be empowered to adopt delegated acts in accordance with Article 46 reclassifying pressure equipment or assemblies so as to:

(a)

make an item or family of pressure equipment referred to in Article 4(3) subject to the requirements of Article 4(1);

(b)

make an assembly or family of assemblies referred to in Article 4(3) subject to the requirements of Article 4(2);

(c)

classify an item or family of pressure equipment, by way of derogation from the requirements of Annex II, in another category.

2.

A Member State having concerns about the safety of pressure equipment or assemblies shall immediately inform the Commission of its concerns and provide reasons in support.

3.

Prior to adopting a delegated act the Commission shall carry out a thorough assessment of the risks that require reclassification.