S.I. No. 33/1996 - European Communities (Simple Pressure Vessels) Regulations, 1996

S.I. No. 33 of 1996.

EUROPEAN COMMUNITIES (SIMPLE PRESSURE VESSELS) REGULATIONS, 1996

I, RICHARD BRUTON, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 87/404/EEC of 25th June, 1987¹ as amended by Council Directive 90/488/EEC of 17th September, 1990² and Council Directive 93/68/EEC of 22nd July, 1993³, hereby make the following Regulations:

¹OJ No. L220, 8.8.87, p. 4.

²OJ No. L270, 2.10.90, p. 25.

³OJ No. L220, 30.8.93, p. 1.

1 Citation.

1. These Regulations may be cited as the European Communities (Simple Pressure Vessels) Regulations, 1996.

2 Interpretation.

2. (1) In these Regulations, unless the context otherwise requires—

"appropriate fee" means the fee referred to in Regulation 7;

"approved inspection body" means—

( a ) an approved inspection body in the State, or

( b ) a body approved by a Member State (other than the State) to exercise the functions specified in the Directive of an approved inspection body referred to in Article 9 of the Directive;

"approved inspection body in the State" shall be construed in accordance with regulation 6 (1);

"approved prototype", in respect of a vessel means a prototype of a vessel which has been approved by an inspection body after carrying out an EC type examination in respect of the vessel;

"authorised officer" has the meaning assigned to it by Regulation 17 (1);

"CE marking" and "CE conformity marking" mean the mark specified in Article 16 of the Directive;

"the Commission" means the Commission of the European Communities;

"the Directive" means Council Directive 87/404/EEC of 25th June, 1987⁴; on the harmonisation of the laws of the Member States relating to simple pressure vessels as amended by Council Directive 90/488/EEC of 17th September, 1990⁵; and Article 2 of Council Directive 93/68/EEC of 22nd July, 1993⁶;

⁴OJ No. L220, 8.8.87. p. 48.

⁵OJ No. L270, 2.10.90, p. 25.

⁶OJ No. L220, 30.8.93, p. 1.

"Member State" means a Member State of the European Communities;

"the Minister" means the Minister for Enterprise and Employment;

"place on the market" means—

( a ) import,

( b ) sell,

( c ) offer or expose for sale,

( d ) invite the making by a person of an offer to purchase,

( e ) distribute free of charge, or

( f ) in the case of a manufacturer, supply for any of those purposes,

and cognate words shall be construed accordingly;

"prototype vessel" includes, where appropriate, a prototype representing a family of simple pressure vessels;

"PS", in respect of a simple pressure vessel, means the maximum working pressure of the simple pressure vessel;

"relevant national standard" means a national standard of any Member State applicable to the simple pressure vessel in question incorporating the harmonised standards whose reference numbers have been published in the Official Journal of the European Communities in accordance with Article 5(1) of the Directive;

"simple pressure vessel" means a simple pressure vessel to which the Directive applies;

"V", in respect of a simple pressure vessel, means the capacity of the simple pressure vessel;

(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

(3) In these Regulations—

( a ) a reference to a Regulation is to a Regulation of these Regulations, and

( b ) a reference to a paragraph is to the paragraph of the Regulation in which the reference occurs.

3 Requirements as to safety of vessels.

3. (1) A person shall not place on the market or take into service a simple pressure vessel—

( a ) which when properly installed or maintained and used for the purposes for which it is intended, compromises the safety of persons, domestic animals or property,

( b ) in respect of which the product of PS and V exceeds 50 bar/litre, unless it satisfies the essential requirements set out in Annex I to the Directive, and

( c ) in respect of which the product of PS and V is 50 bar/litre or less, unless it has been manufactured in accordance with sound engineering practice in any of the Member States and bears the marking laid down in section 1 of Annex II to the Directive (other than the CE marking).

(2) A simple pressure vessel bearing the CE marking shall be presumed to comply with the provisions of the Directive, including the conformity assessment procedures referred to in Chapter II and any other Directive to which the vessel is subject and which provides for the affixing of the CE marking and in a case to which Article 5 (3) (b) of the Directive applies such a presumption shall only apply where particulars of the relevant directive applied, as published in the Official Journal of the European Communities, are given in the documents, notices or instructions required by such directive and accompanying that simple pressure vessel.

(3) A simple pressure vessel conforming to national standards which transpose the harmonised standards the reference numbers of which have been published in the Official Journal of the European Communities shall be presumed to conform to the essential safety requirements specified in sub-paragraphs (b) and (c) of paragraph (1).

(4) A simple pressure vessel in respect of which the manufacturer thereof has not applied, or has applied only in part, the standards referred to in paragraph (1) of Article 5 of the Directive or for which no such standards exist, shall be presumed to comply with the essential safety requirements specified in sub-paragraphs (b) and (c) of paragraph (1) where, after receipt of an EC type-examination certificate, their conformity with the approved model has been certified by the affixation of the CE marking.

4 Obligations on manufacturers.

4. (1) Where a person proposes to commence production of simple pressure vessels whose product of PS and V will exceed 50 bar/litre, he or his authorised representative established in the Community shall—

( a ) where the simple pressure vessel is to be manufactured in accordance with the relevant national standards either—

(i) inform an approved inspection body in the State of that fact and obtain a certificate of adequacy issued by that body attesting that the design and manufacturing schedule referred to in Regulation 10 is satisfactory, or

(ii) submit to an approved inspection body in the State a prototype vessel for the EC type-examination referred to in Article 10 of the Directive, or

( b ) where the simple pressure vessel is not, or only partly, to be manufactured in accordance with the national standards which transpose the harmonised standards, submit to an approved inspection body in the State a prototype vessel for the EC type-examination referred to in Article 10 of the Directive.

(2) Where a simple pressure vessel is manufactured in accordance with the national standards which transpose the harmonised standards, or with an approved prototype, the manufacturer or his authorised representative within the Community shall, prior to placing the simple pressure vessel on the market, ensure that—

( a ) where the product of PS and V of the simple pressure vessel exceeds 3,000 bar/litre, it has been subject to EC verification, or

( b ) where the product of PS and V of the simple pressure vessel exceeds 50 bar/litre but does not exceed 3,000 bar/litre, it has been subject to—

(i) an EC declaration of conformity, or

(ii) EC verification.

5 EC declaration of conformity by manufacturers.

5. (1) A manufacturer may, on his own account, declare simple pressure vessels, on which a certificate of adequacy has been drawn up, to be in conformity with the design and manufacturing schedule referred to in Annex II section 3 of the Directive, or to be in conformity with an approved prototype:

Provided that—

( a ) prior to commencement of manufacture in the State of the simple pressure vessels, he sends to the approved inspection body in the State which issued the EC type-examination certificate in respect of the prototype or the relevant certificate of adequacy a document containing the information and undertaking specified in Article 13 (1) of the Directive, and

( b ) where the product of PS and V of the simple pressure vessel to be manufactured exceeds 200 bar/litre, he agrees to authorise the access to premises, and allow the taking of samples by, and provide the necessary information specified in Article 13 (2) of the Directive to, an approved inspection body in the State.

(2) Where a manufacturer makes a declaration in accordance with paragraph (1) he shall affix the CE marking to each simple pressure vessel so declared in the form and the manner specified in the Directive.

6 Appointment of approved inspection bodies in the State.

6. (1) The Minister may appoint one or more persons to exercise in the State (whether individually or, where more than one person is so appointed and the Minister so directs, together with one or more of the other persons so appointed) the functions specified in the Directive of an approved inspection body referred to in Article 9 of the Directive and references in these Regulations to an approved inspection body in the State shall be construed as references to each person so appointed or, as the case may be, to such of the persons so appointed as are the subject of an aforesaid direction.

(2) The Minister may only make an appointment under paragraph (1) if the person to be appointed meets the minimum criteria set out in Annex III to the Directive regarding the approval of inspection bodies, and for the efficient and proper functioning of an approved inspection body in the State the Minister may, in making such an appointment, attach such conditions thereto as he thinks fit.

(3) An appointment under paragraph (1)—

( a ) may be for a fixed or indefinite time;

( b ) may be revoked by the Minister if he has reason to believe that the approved inspection body in the State does not comply with, or has ceased to comply with, the condition attached to an appointment made under paragraph (2); and

( c ) shall be revoked by the Minister if he has reason to believe that the approved inspection body in the State does not meet, or has ceased to meet, the criteria referred to in paragraph (2).

(4) The Minister may amend or revoke any or all of the conditions (if any) attached under paragraph (2) to an appointment under paragraph (1) or attach additional conditions from time to time to such appointment for the efficient and proper functioning of the body in question.

7 Fees.

7. (1) An approved inspection body in the State may charge a fee (the "appropriate fee") which shall be equal to the amount which the body estimates it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.

(2) Where the costs incurred are greater than the appropriate fee, the difference between those costs and that fee shall be payable by the manufacturer or his authorised representative to the approved inspection body in the State, and where those costs are less than the appropriate fee, the difference between those costs and that fee shall be repayable by the approved inspection body to the manufacturer or his authorised representative, as the case may be.

8 Grant of EC type-examination certificate.

8. (1) On application for an EC type-examination certificate in respect of a simple pressure vessel being made in accordance with Article 10 of the Directive and on receipt of the appropriate fee, an approved inspection body in the State shall carry out or cause to be carried out on its behalf such checks, examinations and tests as are required for EC type-examination under the Directive.

(2) If the approved inspection body in the State, after carrying out or causing to be carried out the aforesaid checks, examinations and tests, decides that the prototype vessel submitted to it for the purposes of the EC type-examination complies with the provisions of the Directive applicable to it, it shall issue to the applicant an EC type-examination certificate in the form, and accompanied by the means of prototype identification, specified in the Directive.

(3) An approved inspection body in the State shall, if so requested, provide to the Commission or an approved inspection body of, or the competent authorities of, another Member State, a copy of the EC type-examination certificate and, on receipt of a reasoned request by any of those bodies or authorities, a copy of the design and manufacturing schedule included in the application for EC type-examination and reports on the tests and examinations carried out in that examination.

(4) Where an approved inspection body in the State decides, after the aforesaid checks, examinations and tests have been carried out, not to issue an EC type-examination certificate to the applicant, it shall so inform the approved inspection bodies of the other Member States.

9 EC verification.

9. (1) The manufacturer of a simple pressure vessel shall in the manufacturing thereof, take all necessary measures to ensure that it conforms to the type described in the EC type-examination certificate or to the design and manufacturing schedule referred to in Annex II section 3 of the Directive and the manufacturer or his authorised representative established within the Community shall affix the CE marking to the simple pressure vessel and draw up a declaration of conformity in respect thereof.

(2) An approved inspection body in the State shall, in order to check the conformity of the simple pressure vessel with the requirements of the Directive, examine and test the simple pressure vessel in accordance with the provisions of subparagraphs 3.1 to 3.5 of Article 11 (3).

10 Certificate of adequacy.

10. An approved inspection body in the State shall, if satisfied that a design and manufacturing schedule prepared in accordance with Annex II to the Directive and submitted to it by a manufacturer or his authorised representative within the Community is satisfactory, issue, on receipt of the appropriate fee, a certificate of adequacy attesting to that fact.

11 EC Surveillance.

11. (1) Where an approved inspection body in the State has issued an EC type-examination certificate or a certificate of adequacy to a manufacturer who does not intend to manufacture simple pressure vessels of the type to which the relevant certificate applies in accordance with an approved prototype, it shall, prior to the date of commencement of manufacture within the State of such simple pressure vessels, examine both the document submitted to it by the manufacturer under Regulation 5 (1) and the design and manufacturing schedule referred to in Regulation 10, in order to certify their conformity with the national standards referred to in Article 5 (1) of the Directive.

(2) Where the product of PS and V of the simple pressure vessel exceeds 200 bar/litre the approved inspection body in the State which has issued the relevant certificate referred to in paragraph (1) shall, during the course of the manufacturing process—

( a ) ensure by way of inspections at the place of manufacture of the simple pressure vessel that the manufacturer checks series-produced vessels in accordance with Article 13 (1) (c) of the Directive, and

( b ) take random samples at the places of manufacture or storage of simple pressure vessels for inspection purposes and prepare a report on the inspection carried out.

(3) An inspection body in the State shall furnish the Minister and, on request, the Commission or an approved inspection body of, or competent authorities of, another Member State, with a copy of a report prepared by it under paragraph (1).

12 Refusal, suspension or withdrawal of EC type-examination certificate or EC certificate of adequacy.

12. (1) An approved inspection body in the State shall withdraw an EC type-examination certificate issued by it under Regulation 8 or an EC certificate of adequacy issued by it under Regulation 10, if it finds that the certificate should not have been granted.

(2) Where an inspection body in the State suspends or withdraws an EC type-examination certificate issued by it under Regulation 8, it shall so inform the Minister, giving the reasons for its decision. Where the Minister is so informed of such suspension or withdrawal he shall inform the competent authorities of the other Member States and the Commission, of the suspension or withdrawal and the reasons therefor.

(3) On taking a decision to refuse to grant, or a decision to suspend or withdraw, an EC type-examination certificate or EC certificate of adequacy an inspection body in the State shall, as soon as practicable thereafter, send to the manufacturer in question a notice in writing of that decision stating the exact grounds on which it was based and informing the manufacturer of his right to appeal against the decision under Regulation 15 and of the time limit for bringing such an appeal.

13 Conformity of simple pressure vessels.

13. (1) Without prejudice to Regulation 3, the Minister or an authorised officer, if of the opinion that the CE marking has been unduly affixed to a simple pressure vessel, shall, by direction in writing, require the manufacturer thereof or his authorised representative within the Community to make the simple pressure vessel conform as regards the provisions relating to the CE marking and to end the infringement.

(2) Where a person fails to comply with a direction under paragraph (1) an authorised officer may, without warrant, enter any place, premises, ship or other vessel, aircraft, railway wagon or other vehicle and therein seize and remove all simple pressure vessels to which, he has reasonable grounds for believing, the CE marking has been unduly affixed.

14 Prohibitions on marketing.

14. (1) Where the Minister is of the opinion that a person is placing or has placed on the market simple pressure vessels bearing the CE marking which when used in accordance with their intended purpose are likely to compromise the safety of persons, domestic animals or property he may by direction in writing given to that person prohibit him from placing or continuing to place on the market such simple pressure vessels, impose restrictions on his so doing or require him to take all practicable steps to withdraw from the market any such simple pressure vessels already placed on the market by him.

(2) Where the Minister gives a direction under paragraph (1) he shall immediately inform the Commission of the fact indicating the reasons for his having given the direction.

(3) The Minister may, as he thinks fit, withdraw a direction given by him under paragraph (1).

(4) Any trader or importer who is affected by a direction given under paragraph (1) may appeal to the High Court against the direction, and the Court, as it thinks proper, may annul or confirm the direction.

(5) A document purporting to be a direction given by the Minister under paragraph (1) and to be signed by him, shall be received in evidence and deemed to be such a direction without further proof, unless the contrary is shown.

15 Review.

15. (1) Any person aggrieved by a decision of an approved inspection body in the State under Regulation 12 may, by notice in writing to the Minister not later than 14 days after the receipt by that person of notice of that decision, appeal to the Minister against the decision and the Minister, having considered any submissions made by the person, the approved inspection body in the State or any other interested party, and the report of any inquiry held under paragraph (2) in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse the decision of the approved inspection body.

(2) The Minister may appoint an officer of the Minister to hold an inquiry in connection with an appeal under this Regulation and to report to the Minister on the findings and result of the inquiry.

(3) The Minister may appoint an assessor to assist him and to make a report to him in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by him under paragraph (2).

16 Interfering with CE marking.

16. (1) A person shall not affix a marking to a simple pressure vessel which is likely to deceive other persons as to the meaning and form of the CE marking.

(2) A person shall not affix a marking to a simple pressure vessel or data plate so as to reduce the visibility or legibility of the CE marking.

17 Powers of authorised officers.

17. (1) In this Regulation—

"authorised officer" means a person authorised in writing by the Minister to exercise, for the purposes of these Regulations and the Directive, the powers conferred by this Regulation;

"premises" includes place, ship or other vessel, aircraft, railway wagon or other vehicle.

(2) An authorised officer may, on production of his authorisation if so required by any person affected, for the purposes of these Regulations and of the Directive—

( a ) at all reasonable times enter any premises at which he has reasonable grounds for believing that there is a simple pressure vessel or a simple pressure vessel is being manufactured, or any premises that is part of an undertaking engaged in the manufacture of simple pressure vessels,

( b ) at such premises inspect and take copies of, or extracts from, any books, records or other documents which he finds in the course of his inspection,

( c ) carry out or have carried out such examinations, tests, inspections and checks of the premises and any equipment, machinery or plant at the premises as he reasonably considers to be necessary for the purposes of his functions under these Regulations or the Directive,

( d ) require any person at the premises or the owner or person in charge of the premises and any person employed in connection therewith to give to him such information and to produce to him such books, documents and other records which are in that person's power or procurement as he may reasonably require for the purposes of his functions under these Regulations or the Directive,

( e ) take possession of and remove from the premises for examination and checking by the Minister or an approved inspection body, a simple pressure vessel or any part thereof, and retain such simple pressure vessel or part thereof for such time as he considers reasonable for the purposes of his functions under these Regulations or the Directive.

18 Offences.

18. (1) A person who—

( a ) obstructs or interferes with an authorised officer in the course of exercising a power conferred on him by these Regulations or impedes the exercise by the officer of such power or fails or refuses to comply with a request made by, or to answer a question asked by, an authorised officer pursuant to these Regulations or in purported compliance with such request or in answer to such question gives information to an officer that he knows to be false or misleading in a material respect, or

( b ) contravenes a provision, direction or requirement of, or under, these Regulations

shall be guilty of an offence.

(2) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(3) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4) Proceedings for an offence under these Regulations may be brought by the Minister.

(5) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within one year from the date on which the offence was committed.

19 Transitional Provision.

19. Simple pressure vessels which were manufactured prior to the 1st day of January, 1995, and which comply with the provisions of the European Communities (Simple Pressure Vessels) Regulations, 1991 ( S.I. No. 115 of 1991 ), may be placed on the market or brought into service at any time within the period ending on the 1st day of January, 1997.

20 Revocation.

20. The European Communities (Simple Pressure Vessels) Regulations, 1991 ( S.I. No. 115 of 1991 ) are hereby revoked.

GIVEN under my Official Seal, this 13th day of February, 1996.

RICHARD BRUTON,

Minister for Enterprise and Employment.

EXPLANATORY NOTE.

These Regulations implement Council Directive 87/404/EEC of 25th June, 1987, as amended by Council Directive 90/488/EEC of 17th September, 1990, on the harmonisation of the laws of the Member States relating to simple pressure vessels as amended by Council Directive 93/68/EEC of 22nd July, 1993, on CE conformity marking and assessment procedures for the technical harmonisation of the laws of the Member States.

The Regulations require the manufacturer, or his authorised representative within the Community, to affix the CE conformity marking on simple pressure vessels. The Regulations came into operation on the making thereof. Simple pressure vessels complying with marking requirements in force before 1st January, 1995 may continue to be allowed to be placed on the market or put into service until 1st January, 1997. The European Communities (Simple Pressure Vessels) Regulations, 1991 ( S.I. No. 115 of 1991 ) are revoked.