Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment
Modified by
Commission Directive 2001/2/ECof 4 January 2001adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment(Text with EEA relevance), 32001L0002, January 10, 2001
Commission Directive 2002/50/ECof 6 June 2002adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment(Text with EEA relevance), 32002L0050, June 7, 2002
Directive 2010/35/EU of the European Parliament and of the Councilof 16 June 2010on 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), 32010L0035, June 30, 2010
Corrected by
Corrigendum to Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment, 31999L0036R(03), June 27, 2002
Council Directive 1999/36/ECof 29 April 1999on transportable pressure equipmentTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75(1)(c) thereof,Having regard to the proposal from the CommissionOJ C 95, 24.3.1997, p. 2, and OJ C 186, 16.6.1998, p. 11.,Having regard to the opinion of the Economic and Social CommitteeOJ C 296, 29.9.1997, p. 6.,Acting in accordance with the procedure laid down in Article 189c of the TreatyOpinion of the European Parliament of 19 February 1998 (OJ C 80, 16.3.1998, p. 217), Council Common Position of 30 November 1998 (OJ C 18, 22.1.1999, p. 1) and Decision of the European Parliament of 10 March 1999 (not yet published in the Official Journal).,(1)Whereas within the framework of the common transport policy further measures must be adopted to ensure transport safety;(2)Whereas each Member State currently requires all transportable equipment to be used on its territory to undergo certification and inspection, including periodic inspections, by its designated bodies; whereas this practice, requiring multiple approvals if equipment is to be used in more than one State in the course of a transport operation, constitutes an obstacle to the provision of transport services within the Community; whereas action by the Community to harmonise approval procedures is justified in order to facilitate the use of transportable pressure equipment on the territory of another Member State in the context of a transport operation;(3)Whereas measures should be adopted for the progressive establishment of a single market in transport and, in particular, for free movement of transportable pressure equipment;(4)Whereas action at Community level is the only possible way of achieving such harmonisation, since Member States acting independently or through international agreements cannot establish the same degree of harmonisation in the approvals for such equipment; whereas, currently, recognition of approvals given in different Member States is not satisfactory because of the element of discretion;(5)Whereas a Council Directive is the appropriate legal instrument to enhance the safety of this equipment, as it provides a framework for uniform and compulsory application of the approval procedures by Member States;(6)Whereas Council Directives 94/55/ECCouncil Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (OJ L 319, 12.12.1994, p. 7). and 96/49/ECCouncil Directive 94/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (OJ L 235, 17.9.1996, p. 25). have extended the application of the provisions of the ADRADR: European Agreement concerning the International Carriage of Dangerous Goods by Road. and RIDRID: Regulations concerning the International Carriage of Dangerous Goods by Rail as set out in Annex I to Appendix B of the amended version of the Convention concerning the international carriage of goods by rail (COTIF). to cover national traffic in order to harmonise across the Community the conditions under which dangerous goods are transported by road and by rail;(7)Whereas Directives 94/55/EC and 96/49/EC provide for the option of applying conformity assessment procedures based on modules in accordance with Decision 93/465/EECCouncil Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directive (OJ L 220, 30.8.1993, p. 23). to certain new transportable pressure equipment; whereas this option should be replaced by an obligation extended to cover all new transportable pressure equipment used for the transport of dangerous goods and falling within the scope of Directives 94/55/EC and 96/49/EC;(8)Whereas Directive 97/23/ECDirective 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning pressure equipment (OJ L 181, 9.7.1997, p. 1). lays down the general requirements for the free movement and safety of pressure equipment;(9)Whereas aerosol dispensers and gas cylinders for breathing appliances should be excluded from the scope of this Directive as their free movement and safety are already covered by Directive 75/324/EECCouncil Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers (OJ L 147, 9.6.1975, p. 40). Directive as amended by Directive 94/1/EC (OJ L 23, 28.1.1994, p. 28). and Directive 97/23/EC;(10)Whereas recognition of the approval certificates issued by the inspection bodies designated by the Member States' competent authorities, of the conformity assessment or reassessment procedures and of the periodic inspection procedures contributes towards removing obstacles to freedom to provide transport services; whereas such an objective cannot be achieved satisfactorily at another level by the Member States; whereas, to eliminate the element of discretion, it is necessary to establish clearly which procedures should be followed;(11)Whereas it is necessary to lay down common rules for establishing recognition of designation inspection bodies which ensure compliance with Directives 94/55/EC and 96/49/EC; whereas these common rules will have the effect of eliminating unnecessary costs and administrative procedures related to the approval of the equipment and of eliminating technical barriers to trade;(12)Whereas, in order not to hinder transport operations between a Member State and a third country, this Directive should not be applied to transportable pressure equipment exclusively used for transport operations of dangerous goods between the territory of the Community and that of third countries;(13)Whereas Member States have to designate inspection bodies entitled to perform the conformity assessment or reassessment procedures and periodic inspections; whereas they must also ensure that such bodies are sufficiently independent, efficient and professionally able to carry out their appointed tasks;(14)Whereas specific procedures should be introduced for evaluating the conformity of new valves and other accessories used for transport;(15)Whereas provisions should be introduced regarding the reassessment of existing equipment, as defined in Annex IV, Part II; so as to enable this Directive to be applied to such equipment;(16)Whereas compliance with the technical provisions of the Annexes to Directives 94/55/EC and 96/49/EC for new equipment must be shown by means of the conformity assessment procedures set out in Annex IV, Part I; whereas periodic inspections of existing equipment will be carried out according to the procedures set out in Annex IV, Part III;(17)Whereas equipment referred to in this Directive should bear a mark to indicate its compliance with the requirements of Directive 94/55/EC or 96/49/EC and this Directive in order to be placed on the market, filled, used and refilled in accordance with its intended purpose;(18)Whereas Member States must allow transportable pressure equipment bearing the mark referred to in Annex VII to move freely on their territory, to be placed on the market, to be used in the course of any transport operation or to be used in accordance with its intended purpose, without undergoing further assessment or having to comply with further technical requirements;(19)Whereas it is appropriate that a Member State, provided it informs the Commission, should be able to take measures to limit or prohibit the placing on the market and use of equipment in cases where it presents a particular risk to safety;(20)Whereas a committee procedure should be followed for amendment of the Annexes to this Directive and for postponing the date the Directive is brought into effect for certain transportable pressure equipment;(21)Whereas provision should be made for transitional arrangements to enable pressure equipment, manufactured in accordance with the national rules in force before this Directive is brought into effect, to be placed on the market and put into service;(22)Whereas Directives 84/525/EECCouncil Directive 84/525/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to seamless, steel gas cylinders (OJ L 300, 19.11.1984, p. 1). 84/526/EECCouncil Directive 84/526/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to seamless, unalloyed aluminium and aluminium alloy gas cylinders (OJ L 300, 19.11.1984, p. 20). and 84/527/EECCouncil Directive 84/527/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to welded unalloyed steel gas cylinders (OJ L 300, 19.11.1984, p. 48). on gas cylinders provide for a conformity procedure different from that provided for by this Directive; whereas a single procedure should be established for all transportable pressure equipment;(23)Whereas a periodic inspection procedure should be established for existing gas cylinders which are in accordance with Directives 84/525/EEC, 84/526/EEC and 84/527/EEC,HAS ADOPTED THIS DIRECTIVE: