2009L0105 — EN — 01.01.2013 — 001.001

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►B	DIRECTIVE 2009/105/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 relating to simple pressure vessels (codified version) (Text with EEA relevance) (OJ L 264, 8.10.2009, p.12)

Amended by:

		Official Journal
		No	page	date
►M1	REGULATION (EU) No 1025/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012	L 316	12	14.11.2012

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▼B

DIRECTIVE 2009/105/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 September 2009

relating to simple pressure vessels

(codified version)

(Text with EEA relevance)

CHAPTER I

SCOPE, DEFINITIONS, PLACING ON THE MARKET AND FREE MOVEMENT

Article 1

1.  This Directive applies to simple pressure vessels manufactured in series.

2.  The following vessels shall be excluded from the scope of this Directive:

3.  For the purposes of this Directive the following definitions shall apply:

Article 2

1.  Member States shall take all necessary steps to ensure that the vessels may be placed on the market and put into service only if they do not compromise the safety of persons, domestic animals or property when properly installed and maintained and used for the purposes for which they are intended.

2.  The provisions of this Directive shall not affect the right of Member States to specify — with due observance of the Treaty — the requirements they deem necessary in order to ensure that workers are protected when using vessels, provided it does not mean that those vessels are modified in a way unspecified in this Directive.

Article 3

1.  Vessels in respect of which the product of PS x V exceeds 50 bar.l must satisfy the essential safety requirements set out in Annex I.

2.  Vessels in respect of which the product of PS x V is 50 bar.l or less must be manufactured in accordance with sound engineering practice in one of the Member States and bear markings as laid down in point 1 of Annex II, with the exception of the ‘CE’ marking referred to in Article 16.

Article 4

Member States shall not impede the placing on the market and the putting into service in their territory of vessels which satisfy the requirements of this Directive.

Article 5

1.  Member States shall presume that vessels bearing the ‘CE’ marking comply with all the provisions of this Directive.

Conformity of vessels with the national standards which transpose the harmonised standards, the reference numbers of which have been published in the Official Journal of the European Union, shall result in a presumption of conformity to the essential safety requirements set out in Annex I.

Member States shall publish the reference numbers of such national standards.

2.  Member States shall presume that vessels for which the standards referred to in the second subparagraph of paragraph 1 do not exist or in respect of which the manufacturer has not applied or has only partially applied such standards, comply with the essential safety requirements set out in Annex I, 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.

3.  Where vessels are subject to other Directives covering other aspects and which also provide for the affixing of the ‘CE’ marking, the latter shall indicate that the vessels in question are also presumed to conform to the provisions of those other Directives.

However, where one or more of those Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the ‘CE’ marking shall indicate conformity only to the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Union, shall be given in the documents, notices or instructions required by the Directives and accompanying such vessels.

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Article 7

1.  Where a Member State finds that vessels bearing the ‘CE’ marking and used in accordance with their intended purpose might compromise the safety of persons, domestic animals or property, it shall take all appropriate measures to withdraw those products from the market or to prohibit or restrict their being placed on the market.

The Member State concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision, and in particular whether non-conformity is due to:

2.  The Commission shall enter into consultation with the parties concerned as soon as possible. Where, after such consultation, the Commission finds that any measure as referred to in paragraph 1 is justified, it shall immediately so inform the Member State that took the action and the other Member States.

Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, the Commission, after consulting the parties concerned, shall bring the matter before the committee within two months if the Member State which has taken the measures intends to maintain them and shall set in motion the procedure referred to in Article 6.

3.  Where a vessel which does not comply bears the ‘CE’ marking, the competent Member State shall take appropriate action against whomsoever has affixed the marking and shall inform the Commission and the other Member States thereof.

4.  The Commission shall ensure that the Member States are kept informed of the progress and outcome of the procedure referred to in paragraphs 1, 2 and 3.

CHAPTER II

CERTIFICATION

SECTION 1

Certification procedures

Article 8

1.  Prior to production of pressure vessels of which the product of PS x V exceeds 50 bar.l, manufactured in accordance with the harmonised standards referred to in Article 5(1), the manufacturer, or his authorised representative established within the Community, shall at his own choice either:

2.  Prior to production of pressure vessels of which the product of PS x V exceeds 50 bar.l, not manufactured, or manufactured only partly, in accordance with the harmonised standards referred to in Article 5(1), the manufacturer, or his authorised representative established within the Community, shall submit a prototype vessel for the EC type-examination referred to in Article 10.

3.  Vessels manufactured in accordance with the harmonised standards referred to in Article 5(1) or with the approved prototype shall, prior to their being placed on the market, be subject:

4.  The records and correspondence relating to the certification procedures referred to in paragraphs 1, 2 and 3 shall be drafted in an official language of the Member State in which the approved inspection body is established or in a language accepted by that body.

Article 9

1.  Member States shall notify the Commission and the other Member States of the approved inspection bodies which they have appointed to carry out the procedures referred to in Article 8(1), (2) and (3) together with the specific tasks which those bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission.

The Commission shall publish in the Official Journal of the European Union a list of the notified bodies with their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.

2.  For the purposes of approval of the bodies referred to in paragraph 1, Member States shall meet the minimum criteria set out in Annex III.

3.  A Member State which has approved an inspection body shall withdraw approval if it finds that the body no longer meets the minimum criteria set out in Annex III.

It shall immediately inform the Commission and the other Member States accordingly.

SECTION 2

EC type-examination

Article 10

1.  EC type-examination is the procedure whereby an approved inspection body ascertains and certifies that a prototype vessel satisfies the provisions of this Directive which apply to it.

2.  The application for EC type-examination shall be lodged by the manufacturer or by his authorised representative with a single approved inspection body in respect of a prototype vessel or of a prototype representing a family of vessels. That authorised representative must be established in the Community.

The application shall include:

It shall be accompanied by a vessel which is representative of the production envisaged.

3.  The approved inspection body shall carry out the EC type-examination in the manner referred to in the second and third subparagraphs.

It shall examine not only the design and manufacturing schedule in order to check its conformity, but also the vessel submitted.

When examining the vessel, the body shall:

4.  If the prototype complies with the provisions applicable to it the approved inspection body shall draw up an EC type-examination certificate which shall be forwarded to the applicant. That certificate shall state the conclusions of the examination, indicate any conditions to which its issue may be subject and be accompanied by the descriptions and drawings necessary for identification of the approved prototype.

The Commission, the other approved inspection bodies and the other Member States may obtain a copy of the certificate and, on a reasoned request, a copy of the design and manufacturing schedule and the reports on the examinations and tests carried out.

5.  An approved inspection body which refuses to issue an EC type-examination certificate shall so inform the other approved inspection bodies.

An approved inspection body which withdraws an EC type-examination certificate shall so inform the Member State which approved it. The latter shall inform the other Member States and the Commission thereof, giving the reasons for the decision.

SECTION 3

EC verification

Article 11

1.  EC verification is the procedure whereby a manufacturer or his authorised representative established within the Community ensures and declares that the vessels which have been checked in accordance with paragraph 3 are in conformity with the type described in the EC type-examination certificate or with the design and manufacturing schedule referred to in point 3 of Annex II having received a certificate of adequacy.

2.  The manufacturer shall take all necessary measures for the manufacturing process to ensure that the vessels conform to the type described in the EC type-examination certificate or to the design and manufacturing schedule referred to in point 3 of Annex II. The manufacturer or his authorised representative established within the Community shall affix the ‘CE’ marking to each vessel and draw up a declaration of conformity.

3.  The approved inspection body shall carry out the appropriate examinations and tests in order to check the conformity of the vessels with the requirements of this Directive by examination and testing of vessels in accordance with the second to tenth subparagraphs.

The manufacturer shall present his vessels in the form of uniform batches and shall take all necessary measures in order that the manufacturing process ensures the uniformity of each batch produced.

Those batches shall be accompanied by the EC type-examination certificate referred to in Article 10 or, where the vessels are not manufactured in accordance with an approved prototype, by the design and manufacturing schedule referred to in point 3 of Annex II. In the latter case the approved inspection body shall, prior to EC verification, examine the schedule in order to certify its conformity.

When a batch is examined, the approved inspection body shall ensure that the vessels have been manufactured and checked in accordance with the design and manufacturing schedule, and shall perform a hydrostatic test or a pneumatic test of equivalent effect on each vessel in the batch at a pressure Ph equal to 1,5 times the vessel’s design pressure in order to check its soundness. The pneumatic test shall be subject to acceptance of the test safety procedures by the Member State in which the test is performed.

Moreover, the approved inspection body shall carry out tests on test-pieces taken from a representative production test-piece or from a vessel, as the manufacturer chooses, in order to examine the weld quality. The tests shall be carried out on longitudinal welds. However, where differing weld techniques are used for longitudinal and circular welds, the tests shall be repeated on the circular welds.

For the vessels referred to in point 2.1.2 of Annex I, these tests on test-pieces shall be replaced by a hydrostatic test on five vessels taken at random from each batch in order to check that they conform to the essential safety requirements set out in point 2.1.2 of Annex I.

In the case of accepted batches, the approved inspection body shall affix its identification number, or cause that number to be affixed, to each vessel and shall draw up a written certificate of conformity relating to the tests carried out. All vessels in the batch may be placed on the market except for those which have not successfully undergone a hydrostatic test or a pneumatic test.

If a batch is rejected, the approved inspection body shall take appropriate measures to prevent the placing on the market of that batch. In the event of frequent rejection of batches, the approved inspection body may suspend the statistical verification.

The manufacturer may, under the responsibility of the approved inspection body, affix the latter’s identification number during the manufacturing process.

The manufacturer or his authorised representative must be able to supply on request the approved inspection body’s certificates of conformity referred to in the seventh subparagraph.

SECTION 4

EC declaration of conformity

Article 12

1.  A manufacturer fulfilling the obligations arising under Article 13 shall affix the ‘CE’ marking provided for in Article 16 to vessels which he declares to be in conformity with:

2.  By the EC declaration of conformity procedure the manufacturer becomes subject to EC surveillance, in cases where the product of PS x V exceeds 200 bar.l.

The purpose of EC surveillance is to ensure, as required by the second paragraph of Article 14, that the manufacturer duly fulfils the obligations arising under Article 13(2). Surveillance shall be performed by the approved inspection body which issued the EC type-examination certificate referred to in the first subparagraph of Article 10(4) where the vessels have been manufactured in accordance with an approved prototype or, if this is not the case, by the approved body to which the design and manufacturing schedule was sent in accordance with Article 8(1)(a).

Article 13

1.  Where a manufacturer makes use of the procedure referred to in Article 12, he shall, before commencing manufacture, send the approved inspection body which issued the EC type-examination certificate or the certificate of adequacy a document describing the manufacturing processes and all of the predetermined systematic measures taken to ensure conformity of the pressure vessels to the standards referred to in Article 5(1) or the approved prototype.

2.  The document referred to in paragraph 1 shall include:

3.  When the product of PS x V exceeds 200 bar.l, manufacturers shall authorise access to the said places of manufacture and storage by the body responsible for EC surveillance, for inspection purposes, and shall allow that body to select sample vessels and shall provide it with all necessary information, and in particular:

Article 14

The approved inspection body which issued the EC type-examination certificate or certificate of adequacy shall, before the date on which any manufacture begins, examine both the document referred to in Article 13(1) and the design and manufacturing schedule referred to in point 3 of Annex II, in order to certify its conformity, where vessels are not manufactured in accordance with an approved prototype.

In addition, where the product of PS x V exceeds 200 bar.l, that body shall during manufacture:

The approved inspection body shall supply the Member State which approved it and, on request, the other approved inspection bodies, the other Member States and the Commission, with a copy of the inspection report.

CHAPTER III

‘CE’ MARKING AND INSCRIPTIONS

Article 15

Without prejudice to Article 7:

Article 16

1.  The ‘CE’ marking and the inscriptions provided for in point 1 of Annex II, shall be affixed in a visible, legible and indelible form to the vessel or to a data plate attached to the vessel in such a way that it cannot be removed.

The ‘CE’ marking shall consist of the initials ‘CE’ in the form shown in the specimen in point 1.1 of Annex II. The ‘CE’ marking shall be followed by the identification number referred to in Article 9(1) of the approved inspection body responsible for ‘CE’ verifications or ‘CE’ surveillance.

2.  The affixing on the vessels of markings which are likely to deceive third parties as to the meaning and form of the ‘CE’ marking shall be prohibited. Any other marking may be affixed to the vessels or the data plate provided that the visibility and legibility of the ‘CE’ marking are not thereby reduced.

CHAPTER IV

FINAL PROVISIONS

Article 17

Any decision taken pursuant to this Directive which results in restrictions on the placing on the market or the putting into service of a vessel shall state the exact grounds on which it is based. Such a decision shall be notified without delay to the party concerned, who shall at the same time be informed of the judicial remedies available to him under the laws in force in the Member State in question and of the time limits to which such remedies are subject.

Article 18

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 19

Directive 87/404/EEC, as amended by the Directives listed in Annex IV, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex IV, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.

Article 20

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 21

This Directive is addressed to the Member States.

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ANNEX I

ESSENTIAL SAFETY REQUIREMENTS

(referred to in Article 3(1))

1.   MATERIALS

Materials must be selected according to the intended use of the vessels and in accordance with points 1.1 to 1.4.

1.1.    Pressurised parts

The materials referred to in Article 1 used for manufacturing the pressurised parts of the vessels must be:

For steel vessels, the materials must in addition meet the requirements set out in point 1.1.1 and, for aluminium or aluminium alloy vessels, those set out in point 1.1.2.

They must be accompanied by an inspection slip as described in Annex II, drawn up by the producer of the materials.

1.1.1.    Steel vessels

Non-alloy quality steels shall meet the following requirements:

1.1.2.    Aluminium vessels

Non-alloy aluminium must have an aluminium content of at least 99,5 % and the alloys referred to in Article 1(3)(a) must display adequate resistance to intercrystalline corrosion at maximum working temperature.

Moreover, these materials must satisfy the following requirements:

1.2.    Welding materials

The welding materials used to manufacture the welds on or of the simple pressure vessel must be appropriate to and compatible with the materials to be welded.

1.3.    Accessories contributing to the strength of the vessel

These accessories (for example bolts and nuts) must be made of a material specified in point 1.1 or of other kinds of steel, aluminium or an appropriate aluminium alloy compatible with materials used for the manufacture of pressurised parts.

The latter materials must at minimum working temperature have an appropriate elongation after rupture and toughness.

1.4.    Non-pressurised parts

All unpressurised parts of welded vessels must be of materials which are compatible with that of the components to which they are welded.

2.   VESSEL DESIGN

The manufacturer must, when designing the vessel, define the use to which it will be put, and select:

However, should a minimum working temperature exceeding – 10 °C be selected, the qualities required of the materials must be satisfied at – 10 °C.

The manufacturer must also take account of the following provisions:

and the fact that under the conditions of use envisaged:

Circular and longitudinal seams must be made using full penetration welds or welds of equivalent effectiveness. Convex ends other than hemispherical ones must have a cylindrical edge.

2.1.    Wall thickness

If the product of PS × V is not more than 3 000 bar.l, the manufacturer must select one of the methods described in points 2.1.1 and 2.1.2 for determining vessel wall thickness; if the product of PS × V is more than 3 000 bar.l, or if the maximum working temperature exceeds 100 °C, such thickness must be determined by the method described in point 2.1.1.

The actual wall thickness of the cylindrical section and ends shall, however, be not less than 2 mm in the case of steel vessels and not less than 3 mm in the case of aluminium or aluminium alloy vessels.

2.1.1.    Calculation method

The minimum thickness of pressurised parts must be calculated having regard to the intensity of the stresses and to the following provisions:

However, where the cylindrical portion of the vessel has one or more longitudinal welds made using a non-automatic welding process, the thickness calculated as referred to in the first paragraph must be multiplied by the coefficient 1,15.

2.1.2.    Experimental method

Wall thickness must be so determined as to enable the vessels to resist at ambient temperature a pressure equal to at least five times the maximum working pressure, with a permanent circumferential deformation factor of no more than 1 %.

3.   MANUFACTURING PROCESSES

Vessels shall be constructed and subjected to production checks in accordance with the design and manufacturing record referred to in point 3 of Annex II.

3.1.    Preparation of the component parts

Preparation of the component parts (for example forming and chamfering) must not give rise to surface defects or cracks or changes in the mechanical characteristics likely to be detrimental to the safety of the vessels.

3.2.    Welds on pressurised parts

The characteristics of welds and adjacent zones must be similar to those of the welded materials and must be free of any surface or internal defects detrimental to the safety of the vessels.

Welds must be performed by qualified welders or operators possessing the appropriate level of competence, in accordance with approved welding processes. Such approval and qualification tests must be carried out by approved inspection bodies.

The manufacturer must also, during manufacture, ensure consistent weld quality by conducting appropriate tests using adequate procedures. These tests must be the subject of a report.

4.   PUTTING INTO SERVICE OF THE VESSELS

Vessels must be accompanied by the instructions drawn up by the manufacturer, as referred to in point 2 of Annex II.

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ANNEX II

‘CE’ MARKING, INSCRIPTIONS, INSTRUCTIONS, DESIGN AND MANUFACTURE SCHEDULES, DEFINITIONS AND SYMBOLS

1.   ‘CE’ MARKING AND INSCRIPTIONS

1.1.    ‘CE’ marking

The ‘CE’ marking shall consist of the initials ‘CE’ in the following form:

If the ‘CE’ marking is reduced or enlarged the proportions given in the graduated drawing set out in this point must be respected.

The various components of the ‘CE’ marking must have substantially the same vertical dimension, which may not be less than 5 mm.

1.2.    Inscriptions

The vessel or data plate must bear at least the following information:

Where the data plate is used, it must be so designed that it cannot be reused and must include a vacant space to enable other information to be provided.

2.   INSTRUCTIONS

The instructions must contain the following information:

They must be in the official language or languages of the country of destination.

3.   DESIGN AND MANUFACTURING SCHEDULES

The design and manufacturing schedules must contain a description of the techniques and operations employed in order to meet the essential safety requirements set out in Annex I or the harmonised standards referred to in Article 5(1), and in particular:

When the procedures laid down in Articles 11 to 14 are applied, the schedule must also include:

4.   DEFINITIONS AND SYMBOLS

4.1.    Definitions

4.2.    Symbols

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ANNEX III

MINIMUM CRITERIA TO BE MET BY MEMBER STATES FOR THE APPROVAL OF INSPECTION BODIES

(referred to in Article 9(2))

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ANNEX IV

PART A

PART B

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ANNEX V

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( 1 ) OJ C 27, 3.2.2009, p. 41.

( 2 ) Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Council Decision of 13 July 2009.

( 3 ) OJ L 220, 8.8.1987, p. 48.

( 4 ) See Annex IV, Part A.

( 5 ) OJ C 91, 16.4.2003, p. 7.

( 6 ) OJ C 136, 4.6.1985, p. 1.

( 7 ) OJ C 267, 19.10.1989, p. 3.

( 8 ) OJ C 10, 16.1.1990, p. 1.

( 9 ) OJ L 204, 21.7.1998, p. 37.