The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994

Interpretation of the principal Regulations

3.  Regulation 2 of the principal Regulations is (in addition to the amendments made by regulations 4(b) and 6(a) below) hereby amended as follows:—

(a) in paragraph (3)—

(i) in the definition of “the Community” the word “Economic” shall be omitted;

(ii) before the definition of “the Commission” there shall be inserted the following definition—

““the CE Marking Directive” means Council Directive 93/68/EEC(1);”; and

(iii) for the definition of “the Directive” there shall be substituted the following definition—

• ““the Directive” means Council Directive 87/404/EEC on the harmonisation of the laws of the Member States relating to simple pressure vessels(2), as amended by—

  (a)

  Council Directive 90/488/EEC(3); and

  (b)

  Articles 2, 14.1 and 14.2 of the CE Marking Directive;”; and

(b) after paragraph (5), there shall be added the following paragraph—

“(6) In these Regulations, with respect to matters arising on or after 1st January 1994, a reference to the Community shall be read as a reference to the EEA, and a reference to a member State shall be read as a reference to an EEA State, and for the purposes of this paragraph—

(a) the “EEA” means the European Economic Area;

(b) an “EEA State” means a State which is a Contracting Party to the EEA Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and

(c) the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.”(4).

(1)

OJ No. L220, 30.8.93, p. 1.

(2)

OJ No. L220, 8.8.87, p. 48.

(3)

OJ No. L270, 2.10.90, p. 25.

(4)

The application of the principal Regulations was extended to the EEA from 1st January 1994 by virtue of the European Economic Area Act 1993 (c. 51) section 2. The relevant provision of the Agreement on the European Economic Area is point 6 of Annex II Part VIII (at p. 411 of the edition published by the Office for Official Publications of the European Communities, 1992).Point 6 was amended by Annex 3 to Decision 7/94 of the EEA Joint Committee (the “Interim Acquis”; OJ No. L160, 28.6.94, p. 1).Point D1 of that Annex (at p. 37) inserts into point 6 a reference to the CE Marking Directive.