Directive 2010/35/EU of the European Parliament and of the Council
of 16 June 2010
on 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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
Having regard to the proposal from the European Commission,
After consulting the Committee of the Regions,
Whereas:
In the light of developments in transport safety, it is necessary to update certain technical provisions of Directive 1999/36/EC.
It is therefore necessary to update the provisions of Directive 1999/36/EC accordingly to avoid conflicting rules, in particular as regards conformity requirements, conformity assessment and conformity assessment procedures in relation to transportable pressure equipment.
In order to enhance safety with regard to transportable pressure equipment approved for the inland transport of dangerous goods and to ensure free movement, including placing on the market, making available on the market and use of such transportable pressure equipment within the Union, it is necessary to lay down detailed rules concerning the obligations of the various operators and the requirements to be fulfilled by the equipment concerned.
In order not to hinder transport operations between Member States and third countries, this Directive should not apply to transportable pressure equipment exclusively used for the transport of dangerous goods between the territory of the Union and that of third countries.
The obligations of the different economic operators, including owners and operators of transportable pressure equipment, should be clearly defined in the interests of transport safety and the free movement of transportable pressure equipment.
Economic operators should in relation to their respective roles in the supply chain be responsible for the compliance of transportable pressure equipment with the safety and market access rules.
Compliance of new transportable pressure equipment with the technical requirements of the Annexes to Directive 2008/68/EC and this Directive should be demonstrated by means of a conformity assessment to provide evidence that the transportable pressure equipment is safe.
Periodic inspections, intermediate inspections and exceptional checks of transportable pressure equipment should be carried out in accordance with the Annexes to Directive 2008/68/EC and with this Directive to ensure continued compliance with their safety requirements.
Transportable pressure equipment should bear a mark indicating its compliance with Directive 2008/68/EC and this Directive to ensure its free movement and free use.
This Directive should not apply to transportable pressure equipment which was placed on the market before the relevant date of implementation of Directive 1999/36/EC and which has not been subject to reassessment of conformity.
Where existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it should be subject to reassessment of conformity.
It is necessary to set requirements for authorities responsible for the assessment, notification and monitoring of notified bodies in order to ensure a consistent level of quality in the performance of notified bodies.
The conformity assessment procedures provided for in the Annexes to Directive 2008/68/EC and in this Directive require the intervention of inspection bodies setting out detailed operational requirements to ensure a uniform level of performance throughout the Union. These inspection bodies should then be notified by the Member States to the Commission.
The notifying authority should retain responsibility for monitoring the notified body regardless of where the notified body performs its activities in order to ensure clear responsibility for ongoing monitoring.
It is necessary to lay down common rules for the mutual recognition of notified bodies which ensure compliance with Directive 2008/68/EC and this Directive. Those 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.
Member States should be able to take measures to limit or prohibit the placing on the market and use of equipment in cases where such equipment presents a risk to safety in certain specified circumstances, including when such equipment is in compliance with Directive 2008/68/EC and with this Directive.
The Commission should draw up specific guidelines to facilitate the practical implementation of the technical provisions of this Directive, taking into account the results of the exchange of experiences as foreseen in Articles 28 and 29.
The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) in respect of certain adaptations of the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
HAVE ADOPTED THIS DIRECTIVE: