Council Directive of 27 July 1976 on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them (76/767/EEC) (repealed)

ANNEX I(1) U.K. EEC PATTERN APPROVAL

1. APPLICATION FOR EEC PATTERN APPROVAL U.K.

1.1. The application and the correspondence relating to it shall be drawn up in an official language of the State to which the application is made in accordance with the laws of that State. The Member State has the right to require that the annexed documents should also be drawn up in that same official language. U.K.

1.2. The application shall contain the following information: U.K.

• name and address of the manufacturer or firm, of his or its authorized representative or of the applicant, and the place or places of manufacture of the vessels,

• category of the vessel,

• intended use or prohibited uses,

• technical characteristics,

• trade name, if any, or type.

1.3. The application shall be accompanied by two copies of the documents required and in particular: U.K.

1.3.1. A description including: U.K.

• the materials specifications, the methods of construction and the strength calculations for the vessel,

• any safety devices fitted,

• the places where the approval and verification marks specified in this Directive are to be affixed, as well as the other marks specified in the separate Directives.

1.3.2. The general plans and, where appropriate, detailed drawings of important design features. U.K.

1.3.3. Any other information provided for in the separate Directives. U.K.

1.3.4. A statement certifying that no other application for EEC pattern approval has been submitted for the same pattern of vessel. U.K.

2. EXAMINATION FOR EEC PATTERN APPROVAL U.K.

2.1. The examination for EEC pattern approval shall be carried out on the basis of the plans and, where appropriate, on sample vessels. U.K.

The examination shall entail:

(a)

checking of the design calculations, method of manufacture, workmanship and materials;

(b)

where appropriate, checking of the safety devices and measuring equipment and the methods of installation.

3. EEC PATTERN APPROVAL CERTIFICATE AND MARK U.K.

3.1. The certificate referred to in Article 7 shall contain the conclusions of the examination of the pattern and shall indicate any conditions to which, under Article 2 (1), approval may be subject. It shall be accompanied by the descriptions and drawings necessary to identify the pattern and, where appropriate, to explain how it functions. The EEC approval mark provided for in Article 7 shall be a stylized letter ε containing: U.K.

• in the upper part, the serial number of the separate Directive allocated according to the chronological order of adoption, and the capital letter(s)identifying the State which has granted EEC pattern approval [F1 (B for Belgium, D for Germany, DK for Denmark, E for Spain, F for France, [F2 EL for Greece] , I for Italy, IRL for Ireland, L for Luxembourg, N L for the Netherlands, P for Portugal, UK for the United Kingdom [F3 [F4 , A for Austria, S for Sweden, FI for Finland] ] [F5 , BG for Bulgaria, RO for Romania] )] and the year of EEC pattern approval; the number of the separate Directive to which the EEC pattern approval refers will be allocated by the Council when it is adopted,

• in the lower part, the EEC pattern approval number.

Textual Amendments

F1 Substituted by Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties.

F2 Substituted by Council Directive of 25 June 1987 amending certain directives on the approximation of the laws of the Member States relating to industrial products with respect to the distinctive numbers and letters indicating the Member States (87/354/EEC).

F3 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F4 Substituted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

F5 Inserted by Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania.

An example of this mark is shown in 5.1.

3.2. The mark referred to in Article 8, represented by the stylized letter ε reversed symmetrically about a vertical axis, contains in the upper part the same information as required by the first indent of 3.1, and in the lower part the reference number of the category not subject to EEC pattern approval if so provided in the separate Directive. U.K.

An example of this mark is shown in 5.2.

3.3. The mark mentioned in Article 15 (a) is the same as the EEC approval mark surrounded by a hexagon. U.K.

An example of this mark is shown in 5.3.

3.4. The mark mentioned in Article 15 (b) is the mark of exemption from EEC pattern approval surrounded by a hexagon. U.K.

An example of this mark is shown in 5.4.

4. PUBLICATION OF EEC PATTERN APPROVAL U.K.

F6 4.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F6 Deleted by Council Directive of 21 December 1988 amending several Directives concerning the approximation of the laws of Member States where there is provision in those Directives for publication in the Official Journal of the European Communities of attestations and certificates (88/665/EEC).

4.2. At the same time as the party concerned is notified, copies of the EEC pattern approval certificate shall be sent by the Member State to the Commission and to the other Member States, which may also obtain copies of the definitive technical file on the vessel and of the reports on the examinations and tests it has undergone. U.K.

4.3. Withdrawal of EEC pattern approval shall be published in accordance with the procedure laid down in[F6 4.1] [F6 and] 4.2. U.K.

4.4. Any Member State refusing EEC pattern approval shall inform the other Member States and the Commission of such refusal. U.K.

5. MARKS RELATING TO EEC PATTERN APPROVAL U.K.

5.1. Mark of EEC pattern approval (see 3.1) U.K.

Example:

EEC pattern approval granted by the Federal Republic of Germany in 1979, pursuant to the first separate Directive. EEC pattern approval number.

5.2. Mark of exemption from EEC pattern approval (see 3.2) U.K.

Example:

Vessel constructed in Germany in 1979 and not subject to EEC pattern approval pursuant to the first separate Directive. Reference number of the category not subject to EEC pattern approval if so provided in the separate Directive.

5.3. Mark of EEC pattern approval and exemption from EEC verification (see 3.3) U.K.

Example:

EEC pattern approval issued by the Federal Republic of Germany in 1979, pursuant to the first separate Directive. EEC pattern approval number.

5.4. Mark of exemption from EEC pattern approval and from EEC verification (see 3.4) U.K.

Example:

Vessel constructed in Germany in 1979 and not subject to EEC pattern approval pursuant to the first separate Directive. Reference number of the category not subject to EEC pattern approval if so provided in the separate Directive.

5.5. The separate Directives may specify the placing and dimensions of the marks relating to EEC pattern approval. U.K.

Unless otherwise indicated in the separate Directives, the letters and numbers in each mark must be at least 5 mm high.

ANNEX II(2) U.K. EEC VERIFICATION

1. GENERAL U.K.

1.1. EEC verification may be carried out in one or more stages. U.K.

1.2. Subject to the requirements of the separate Directives: U.K.

1.2.1. EEC verification shall be carried out in one stage only on vessels which constitute a whole on leaving the factory, that is to say vessels which, theoretically, can be transferred to their place of installation without first having to be dismantled; U.K.

1.2.2. the verification of vessels not dispatched in one piece shall be carried out in two or more stages; U.K.

1.2.3. verification must in particular ensure that the vessel conforms to the approved pattern or, in the case of vessels exempt from EEC pattern approval, to the requirements laid down by the relevant separate Directive. U.K.

2. NATURE OF EEC VERIFICATION U.K.

2.1. Subject to the requirements of the separate Directives the verification shall entail: U.K.

• examination of the characteristics of the materials,

• checking of the design calculations, method of manufacture, workmanship and materials used,

• an internal examination consisting of a check on the internal parts and the welding,

• a pressure test,

• inspection of any safety devices and measuring equipment fitted,

• an external examination of the various parts of the vessel,

• a performance test where this is prescribed in the separate Directives.

3. EEC VERIFICATION MARKS U.K.

3.1. Description of EEC verification marks U.K.

3.1.1. Subject to the requirements of separate Directives, EEC verification marks which are affixed in accordance with 3.3 shall be as follows: U.K.

3.1.1.1. The EEC final verification mark shall be composed of two stamps: U.K.

3.1.1.1.1. The first consisting of a letter ‘e’ containing: U.K.

• in the upper half, the capital letter(s) identifying the State in which the verification is carried out [F1 (B for Belgium, D for Germany, DK for Denmark, E for Spain, F for France, [F2 EL for Greece] , I for Italy, IRL for Ireland, L for Luxembourg, N L for the Netherlands, P for Portugal, UK for the United Kingdom [F3 [F4 , A for Austria, S for Sweden, FI for Finland] ] [F5 , BG for Bulgaria, RO for Romania] )] together, where necessary, with one or two numbers identifying a territorial subdivision,

• in the lower half, the mark of the inspection body affixed by the verifying agent, together with the mark of the verifying agent if appropriate;

3.1.1.1.2. the second stamp consisting of the date of verification in a hexagon described with the accuracy required by the separate Directives; U.K.

3.1.1.2. The EEC partial verification mark shall consist solely of the first stamp(3). U.K.

3.2. Shape and dimensions of marks U.K.

3.2.1. An example of the stamps described in 3.1.1.1.1 and 3.1.1.1.2 is illustrated in figures 1 and 2 below. U.K.

The separate Directives may specify the placing and dimensions of the EEC verification marks.

Unless otherwise indicated in the separate Directives, the letters and numbers of each mark must be at least 5 mm high.

3.2.2. The inspection bodies of the Member States shall mutually exchange copies of the drawings of the EEC verification marks. U.K.

3.3. Affixing the marks U.K.

3.3.1. The EEC final verification mark shall be affixed in the required position on the vessel when the latter has been finally verified and is recognized as conforming to EEC requirements. U.K.

3.3.2. Where verification is carried out in more than one stage, the EEC partial verification mark shall be affixed at the place of manufacture on the vessel or part of a vessel which is recognized as conforming to EEC requirements at that stage of the inspection procedure, and in the place specifically provided for the stamping place or in any other place specified in the separate Directives. U.K.

Appendix to Annexes I and II Table illustrating the various possible combinations for EEC pattern approval or EEC verification

ANNEX III U.K. Minimum criteria to be taken into account by Member States when appointing inspection bodies to carry out EEC verification

1. The inspection body, its director and the staff responsible for carrying out the verification tests may not be the designer, manufacturer, supplier, installer of vessels or installations which they inspect, nor the authorized representative of any of those parties. They may not become directly involved in the design, construction, marketing, representation or maintenance of the vessels or installations, nor represent the parties engaged in these activities. This does not preclude the possibility of exchanges of technical information between the manufacturer and the inspection body. U.K.

2. The inspection body and its staff must carry out the verification tests with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of the inspection, especially from persons or groups of persons with an interest in the results of verifications. U.K.

3. The inspection body must have at its disposal the necessary staff and possess the necessary means for it to perform properly the administrative and technical tasks connected with verifications; it must also have access to the equipment required for special verifications. U.K.

4. The staff responsible for inspection must have: U.K.

• sound technical and professional training,

• satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests,

• the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.

5. The impartiality of inspection staff must be guaranteed. Their remuneration must not depend on the number of tests carried out, nor on the results of such tests. U.K.

6. The inspection body must take out a third party insurance policy unless civil liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the tests. U.K.

7. The staff of the inspection body shall be bound to observe professional secrecy with regard to all information gained in carrying out its tasks (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) under this Directive and the separate Directives or any provision of national law giving effect to them. U.K.

ANNEX IV U.K. DEFINITIONS

Country of origin: Member State where the pressure vessel was manufactured.

Recipient country: Member State into which a pressure vessel is to be imported, or in which it is to be marketed and/or placed into service.

Administration of origin: The competent administrative authorities of the country of origin.

Recipient administration: The competent administrative authorities of the recipient country.

PROCEDURE U.K.

1. Where a manufacturer wishes to export a pressure vessel, or more than one pressure vessel of a single type, he or his representative shall forward an application, directly or through the importer in the recipient country, to the recipient administration, citing Article 22 and asking for the verification tests to be carried out in accordance with the methods laid down in the recipient country by an inspection body other than those of the recipient country. U.K.

In his application, the manufacturer or his representative shall indicate which inspection body he has chosen. The choice must be made from the list sent in by the country of origin under Article 13. However, by way of exception to this procedure, in the case of vessels constructed specially to a single order in very small numbers or vessels designed for a complex installation manufactured in accordance with the information and specifications provided by the customer or a consultancy bureau appointed by him, an inspection body in the Member State of origin shall be chosen by the customer, whether or not included on the list referred to in Article 13, provided the recipient administration agrees to the choice.

The recipient administration shall inform the administration of origin of the decisions it had taken on the matter.

The name of the customer or importer, if known, must be shown in the application.

The application shall be accompanied by a file containing drawings and calculations relating to the vessel or pattern, specifications of the materials, information on the manufacturing processes involved, and details of the verification methods during manufacture, together with any other information which the manufacturer or his representative consider may help the recipient administration's decision as to whether a pressure vessel, or vessels of the same pattern, conforming to the plans, satisfies the statutory requirements for pressure vessels in the recipient country.

The documents shall be forwarded in quadruplicate in the language or languages of the recipient country or in another language acceptable to that country.

2.

2.1. The recipient administration shall acknowledge receipt of the file as soon as it is received. U.K.

2.2.

2.2.1. If the recipient administration considers that the file received contains all the information required under section 1, it shall have three months from the date of receipt of the file to conduct a substantive examination of the documents in the file. U.K.

2.2.2. If the recipient administration considers that the file received does not contain all the information required under section 1, it shall have one month from the date of receipt of the file to inform the applicant of the further details which should be supplied. On receipt of the file duly completed, the procedure in 2.2.1 shall be followed. U.K.

2.3.

2.3.1. If it is apparent from a substantive examination of the file that the vessel, or the vessels of a single type have been produced or are intended to be produced in accordance with the relevant documents, and satisfy the statutory requirements for pressure vessels in the recipient country or may be accepted if a derogation from these requirements is granted, the recipient administration shall notify the applicant accordingly within the period laid down in 2.2.1. U.K.

If the vessel, or the vessels of a single type, covered by the application are not subject to regulations in the recipient country, the recipient administration may require that the regulations governing pressure vessels in the country of origin are complied with.

2.3.2. If it is apparent from a substantive examination of the file that the vessel, or the vessels of a single type, have been produced or are intended to be produced in accordance with the relevant documents, but do not satisfy the statutory requirements for pressure vessels in the recipient country and may not be granted a derogation from these requirements, the recipient administration shall notify the applicant accordingly within the period laid down in 2.2.1, and shall indicate which provisions have not been complied with and which provisions must be complied with if the vessel, or the vessels of a single type are to be accepted. It shall also inform the applicant of the manufacturing requirements and the checks, tests and verifications required by the regulations on pressure vessels which are in force in the recipient country. U.K.

If the applicant is prepared to amend the design, manufacturing process and/or verification methods relating to the vessel, or the vessels of a single type, so as to satisfy the required conditions, he shall amend his file accordingly. On receipt of the amended file, the procedure outlined in 2.2.1 shall be followed, but the period for examination shall be reduced to two months.

2.3.3. The criteria used by the recipient administration for granting or refusing the derogations referred to in 2.3.1 and 2.3.2 shall be the same as those currently applied for manufacturers established in the recipient country. U.K.

2.4. The fees, taxes or other charges for the examination of the file shall be those laid down by the rules applying in the recipient country. U.K.

3. The inspection body chosen in accordance with section 1 shall carry out the operations required of it by the recipient administration. U.K.

4. After carrying out the checks, tests and verifications required by the recipient administration, and establishing that the results are satisfactory, the inspection body shall issue to the manufacturer or his representative, and to the recipient administration, the reports on these checks, tests and verifications, and certificates confirming that the checking, testing and verification methods used and the results obtained comply with the requirements of the recipient country. U.K.

If the results of the checks are not satisfactory, the inspection body shall inform the applicant and the recipient administration.

These documents must be drawn up in the language of the recipient country or in another language acceptable to it.

5. The fees, taxes or charges for carrying out these checks and tests shall be in accordance with the rules of the inspection body. U.K.

6. The recipient administration must ensure that all plans and documents forwarded to it remain confidential. U.K.

(1)

See the Appendix to Annexes I and II.

(2)

See the Appendix to Annexes I and II.

(3)

Explanatory note on the EEC final verification mark and EEC partial verification mark

If a vessel cannot be assembled at its place of manufacture, or if transporting it is likely to affect its characteristics, EEC verification shall be carried out as follows:

• verification of the vessel at its place of manufacture by an inspection body of the country of origin which, providing the vessel conforms to EEC requirements, shall affix the ‘e’ stamp described in 3.1.1.1.1 and known as the EEC partial verification mark,

• final verification of the vessel at its place of installation by an inspection body of the country of destination which, providing the vessel conforms to EEC requirements, shall affix the stamp described in 3.1.1.1.2 which, together with the EEC partial verification mark, forms the EEC final verification mark.