92003E1323

WRITTEN QUESTION E-1323/03

by Elizabeth Lynne (ELDR) to the Commission

(8 April 2003)

Subject: Consequences of Pressure Equipment Directive on small boiler manufacturers

Is the Commission aware that the implementation of the Pressure Equipment Directive 97/23/EC(1) will devastate Britain's copper-boiler-making industry?

The seven professional boilermakers who export their handcrafted copper boilers for use in model steam engines across the world are faced with going out of business due to the prohibitive costs of complying with the directive. While the directive exempts amateur boilermakers and those building for heritage steam engines, such small but important and unique craftsmen and women have no other choice but to give up.

What steps has the Commission taken to ensure that this world leading industry is not forced into extinction due to a directive about which it was not properly consulted?

Will the Commission look favourably upon an application for these craftsmen and women to be granted a de minimis exemption from this directive?

(1) OJ L 181, 9.7.1997, p. 1.

Answer given by Mr Liikanen on behalf of the Commission

(8 May 2003)

The Pressure Equipment Directive 97/23/EC (PED) has been adopted in 1997 after intense consultations with Member States, the Parliament and industry and has to be applied in all Member States since May 2002. It lays down harmonised rules concerning the essential requirements and certification procedures for pressure equipment to be placed on the market or put into service with regard to the safety risk arising from pressure and replaces former manifold national laws by a unique European legislation, thereby simplifying cross-border procedures and reducing cost. This is particularly true for small manufacturers having little administrative resources and for manufacturers, which are export-oriented due to the uniqueness and the high quality of their products. The Commission recognises that the adaptation to the requirements of the PED implies some initial investment for manufactures, which however has been kept as low as possible due to a sufficiently long notice period of five years.

The main objective of the PED is to minimise and control safety risks for the citizen. Existing exemptions of certain products (e.g. products of small dimensions) or products used under certain conditions (e.g. experimentation, presentation at exhibitions) from the PED are justified, since the associated safety risks are minor, covered by some more specific regulations or well-controlled due to the special circumstances.

An exemption from the PED based on the (small) size of the manufacturer or the uniqueness of a product would not be adequate, because these criteria are not related to its safety risk. The dangerous potential created by a copper boiler is not diminished if it is unique or produced by a small manufacturer. Therefore, the Commission does not look favourably upon a de minimis exemption from the PED.