S.I. No. 115/1991:

EUROPEAN COMMUNITIES (SIMPLE PRESSURE VESSELS) REGULATIONS, 1991.

EUROPEAN COMMUNITIES (SIMPLE PRESSURE VESSELS) REGULATIONS, 1991.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 87/404/EEC of 25 June 1987⁽¹⁾, as amended by Council Directive 90/488/EEC of 17 September 1990⁽²⁾, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Simple Pressure Vessels) Regulations, 1991, and shall come into operation on the 13th day of May, 1991.

2. (1) In these Regulations--

"appropriate fee" means the fee referred to in Regulation 7;

"approved prototype", in respect of a vessel, means a prototype of a vessel which has been approved by an inspection body after carrying out an EC type examination in respect of the vessel;

"authorized officer" has the meaning assigned to it by Regulations 15 (1);

"the Commission" means the Commission of the European Communities;

"the Directive" means Council Directive 87/404/EEC of 25 June 1987 on the harmonization of the laws of the Member States relating to simple pressure vessels as amended by Council Directive 90/488/EEC of 17 September 1990;

"EC mark" means the mark specified in Article 16 of the Directive;

"inspection body" means--

⁽¹⁾O.J No. L220, 8.8,87, p. 4.

⁽²⁾O.J No. L270, 2.10.90, p. 25.

( a ) an inspection body in the State, or

( b ) a body approved by a Member State (other than the State) to exercise the functions specified in the Directive of an approved inspection body referred to in Article 9 of the Directive;

"inspection body in the State" shall be construed in accordance with Regulation 6 (1);

"Member State" means Member State of the European Communities;

"the Minister" means the Minister for Industry and Commerce;

"prototype vessel" includes where appropriate, a prototype representing a family of vessels;

"PS", in respect of a vessel, means the maximum working pressure of the vessel;

"relevant national standard" means a national standard of any Member State applicable to the vessel in question incorporating the harmonized standards whose reference numbers have been published in the Official Journal of the European Communities in accordance with Article 5 (1) of the Directive;

"V", in respect of a vessel, means the capacity of the vessel;

"vessel" means a simple pressure vessel to which the Directive applies;

(2) A word or expression that is used in these Regulations and is also used in the Directive, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

(3) In these Regulations--

( a ) a reference to a Regulation is to a Regulation of these Regulations, and

( b ) a reference to a paragraph is to the paragraph of the Regulation in which the reference occurs.

3. (1) A person shall not, after the 1st day of July 1992, place on the market or take into service a vessel if, when properly installed or maintained and used for the purposes for which it is intended, it compromises the safety of persons, domestic animals or property and--

( a ) where the product of PS and V in respect of the vessel exceeds 50 bar/litre, unless the vessel satisfies the essential safety requirements set out in Annex 1 to the Directive,

( b ) where the product of PS and V in respect of the vessel is 50 bar/litre or less, unless the vessel has been manufactured in accordance with sound engineering practice in any of the Member States and bears the markings laid down in section 1 of Annex II to the Directive (other than the EC mark).

(2) A vessel bearing the EC mark denoting conformity with the relevant national standards or with an approved prototype for which an EC type-examination certificate has been issued by an inspection body shall be presumed, until the contrary is proved, to comply with the requirements of paragraph (1).

4. (1) Where a person proposes to commence production within the State of vessels whose product of PS and V will exceed 50 bar/litre, he or his authorised representative established in the Community shall--

( a ) where the vessel is to be manufactured in accordance with the relevant national standards either--

(i) inform an inspection body in the State of that fact and obtain a certificate of adequacy issued by that body attesting that the design and manufacturing schedule referred to in Regulation 10 is satisfactory, or

(ii) submit to an inspection body in the State a prototype vessel for EC type-examination, or

( b ) where the pressure vessel is not, or only partly, to be manufactured in accordance with the relevant national standards, submit to an inspection body in the State a prototype vessel for EC type-examination.

(2) Where a vessel is manufactured in accordance with the relevant national standards or with an approved prototype, the manufacturer or his authorised representative within the Community shall, prior to placing the vessel on the market, ensure that the vessel has been subject--

( a ) to EC verification, where the product of PS and V of the vessel exceeds 3,000 bar/litre, or

( b ) to either--

(i) an EC declaration of conformity, or

(ii) EC verification,

where the product of PS and V of the vessel exceeds 50 bar/litre but does not exceed 3,000 bar/litre.

5. (1) A manufacturer may declare, on his own account, vessels to be in conformity with the relevant national standards or with an approved prototype:

Provided that--

( a ) prior to commencement of manufacture in the State of the vessels, he sends to the inspection body in the State which issued the EC type-examination certificate in respect of the prototype or the relevant certificate of adequacy a document containing the information and undertaking specified in Article 13 (1) of the Directive, and

( b ) where the product of PS and V of the vessel to be manufactured exceeds 200 bar/litre, he agrees to authorise the access to premises, and allow the selection of samples by, and provide the necessary information to, an inspection body in the State specified in Article 13 (2) of the Directive.

(2) Where a manufacturer makes a declaration in accordance with paragraph (1) he shall affix to each vessel so declared, in the form and the manner specified in the Directive, the EC mark.

6. (1) The Minister may appoint one or more persons to exercise in the State (whether individually or, where more than one person is so appointed and the Minister so directs, together with one or more of the other persons so appointed) the functions specified in the Directive of an approved inspection body referred to in Article 9 of the Directive and references in these Regulations to an inspection body in the State shall be construed as references to each person so appointed or, as the case may be, to such of the persons so appointed as are the subject of an aforesaid direction.

(2) In making an appointment under paragraph (1), the Minister shall take into account the minimum criteria set out in Annex III to the Directive regarding the approval of inspection bodies and for the efficient and proper functioning of an inspection body in the State the Minister may, in making such an appointment, attach such conditions thereto as he thinks fit.

(3) An appointment under paragraph (1)--

( a ) may be for a fixed or indefinite time;

( b ) may be revoked by the Minister at any time; and

( c ) shall be revoked by the Minister if he has reason to believe that the inspection body in the State does not meet, or has ceased to meet, the criteria referred to in paragraph (2).

(4) The Minister may amend or revoke any or all of the conditions (if any) attached under paragraph (2) to an appointment under paragraph (1) or attach additional conditions from time to time to such appointment for the efficient and proper functioning of the body in question.

7. (1) An inspection body in the State may charge a fee (the "appropriate fee") which shall be equal to the amount which the body estimates it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.

(2) Where the costs incurred are greater than the appropriate fee, the difference between those costs and that fee shall be payable by the manufacturer or his authorized representative to the inspection body in the State, and where those costs are less than the appropriate fee, the difference between those costs and that fee shall be repayable by the body to the manufacturer or his authorized representative, as the case may be.

8. (1) On an application for an EC type-examination certificate in respect of a vessel being made in accordance with Article 10 of the Directive and on receipt of the appropriate fee, an inspection body in the State shall carry out or cause to be carried out on its behalf such checks, examinations and tests as are required for EC type-examination under the Directive.

(2) If the inspection body in the State, after carrying out or causing to be carried out the aforesaid checks, examinations and tests, decides that the prototype vessel submitted to it for the purposes of the type-examination complies with the provisions of the Directive applicable to it, it shall issue to the applicant an EC type-examination certificate in the form, and accompanied by the means of prototype identification, specified in the Directive.

(3) An inspection body in the State shall, if so requested, provide to the Commission or an inspection body of, or the competent authorities of, another Member State, a copy of the EC type-examination certificate and, on receipt of a reasoned request by any of those bodies or authorities, a copy of the design and manufacturing schedule included in the application for EC type-examination and reports on the tests and examinations carried out in that examination.

(4) Where an inspection body in the State decides, after the aforesaid checks, examinations and tests have been carried out, not to issue an EC type-examination certificate to the applicant, it shall so inform the inspection bodies of the other Member States.

9. (1) Where a person presents batches of series-produced vessels to an inspection body in the State for EC verification, he shall provide the inspection body with the EC type-examination certificate in respect of the approved prototype of the vessels or, if the vessels have not been manufactured in accordance with an approved prototype, the relevant design and manufacturing schedule referred to in Regulation 10, as well as such further information and documents as an inspection body may reasonably require for the purpose of such verification. Where the aforesaid requirements are complied with and on receipt of the appropriate fee, the inspection body in the State shall carry out or cause to be carried out on its behalf such checks, examinations and tests as are required for EC verification by the Directive.

(2) If on completion of the aforesaid checks, examinations and tests an inspection body in the State is satisfied that a vessel complies with the relevant national standards or the approved prototype, it shall--

( a ) affix to the vessels, in the manner specified in the Directive, the EC mark; and

( b ) issue to the manufacturer or his authorized representative in the Community an EC verification certificate.

10. An inspection body in the State shall, if satisfied that a design and manufacturing schedule prepared in accordance with Annex II to the Directive and submitted to it by a manufacturer or his authorized representative within the Community is satisfactory, issue, on receipt of the appropriate fee, a certificate of adequacy attesting to that fact.

11. (1) Where an inspection body in the State has issued an EC type-examination certificate or a certificate of adequacy to a manufacturer, it shall prior to the date of commencement of manufacture within the State of vessels of the type to which the certificate applies, examine both the document submitted to it by the manufacturer under Regulation 5 (1) (a) and the design and manufacturing schedule referred to in Regulation 10 in order to certify their conformity where vessels are not manufactured in accordance with an approved prototype, and where the product of PS and V of the vessel exceeds 200 bar/litre shall, during the course of the manufacturing process--

( a ) ensure by way of inspections at the place of manufacture of the vessels that the manufacturer checks series-produced vessels in accordance with Article 13 (1) (c) of the Directive, and

( b ) take random samples at the places of manufacture or storage of vessels for inspection purposes,

and shall prepare a report on its inspections under subparagraph (b) of this paragraph.

(2) An inspection body in the State shall supply to the Minister and, on request, to the Commission or an inspection body of, or the competent authorities of, another Member State a copy of a report prepared by it under paragraph (1).

12. (1) An inspection body in the State shall withdraw an EC type-examination certificate issued by it under Regulation 8 or an EC certificate of adequacy issued by it under Regulation 10, if it finds that the certificate should not have been granted.

(2) Where an inspection body in the State has established that the EC mark has been wrongly affixed to a vessel because--

( a ) the vessel does not conform to the approved prototype, or

( b ) the vessel conforms to an approved prototype which does not meet the essential safety requirements set out in Annex 1 to the Directive, or

( c ) the vessel, being a vessel to which Article 8 (1) (a) of the Directive applies, does not conform to the relevant national standards, or

( d ) the manufacturer of the vessels has failed to comply with his obligations under Article 13 of the Directive,

the inspection body shall report the fact to the Minister and, where the manufacturer of the vessels has failed to comply with a written request from the inspection body to take the appropriate measures within the time specified in the request to conform with requirements of the Directive, the inspection body shall, where appropriate, suspend or withdraw the EC type-examination certificate issued by it under Regulation 8.

(3) Where an inspection body in the State suspends or withdraws an EC type-examination certificate issued by it under Regulation 8, it shall so inform the Minister, giving the reasons for its decision. Where the Minister is so informed of such suspension or withdrawal, he shall inform the competent authorities of the other Member States and the Commission of the suspension or withdrawal and the reasons therefor.

(4) On taking a decision to refuse to grant, or a decision to suspend or withdraw an EC type-examination certificate or EC certificate of adequacy, an inspection body in the State shall, as soon as practicable thereafter, send to the manufacturer in question a notice in writing of that decision stating the exact grounds on which it was based and informing the manufacturer of his right to appeal against the decision under Regulation 14 and of the time limit for bringing such an appeal.

13. (1) Where the Minister is of the opinion that a person is placing or has placed on the market vessels bearing the EC mark which when used in accordance with their intended purpose are likely to compromise the safety of persons, domestic animals or property, he may by direction in writing given to that person prohibit him from placing or continuing to place on the market such vessels, impose restrictions on his so doing or require him to take all practicable steps to withdraw from the market any such vessels already placed by him on the market.

(2) Where the Minister gives a direction under paragraph (1) he shall immediately inform the Commission of the fact indicating the reasons for his having given the direction.

(3) The Minister may, as he thinks fit, withdraw a direction given by him under paragraph (1).

(4) Any trader or importer who is affected by a direction given under paragraph (1) may appeal to the High Court against the direction and the Court, as it thinks proper, may annul or confirm the direction.

(5) A document purporting to be a direction given by the Minister under paragraph (1) and to be signed by him, shall be received in evidence and deemed to be such a direction without further proof, unless the contrary is shown.

14. (1) any person aggrieved by a decision of an inspection body in the State under Regulation 12 (4) may, by notice in writing given to the Minister not later than 14 days after the receipt by that person of notice of that decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him by the person, the inspection body in the State and any other interested parties and the report of any inquiry held under paragraph (2) in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse the decision of the inspection body.

(2) The Minister may appoint an officer of the Minister to hold an inquiry in connection with an appeal under this Regulation and to report to the Minister on the findings and result of the inquiry.

(3) The Minister may appoint an assessor to assist the Minister and to make a report to him in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by him under paragraph (2).

15. (1) In this Regulation "authorized officer" means a person authorized in writing by the Minister to exercise, for the purposes of these Regulations and the Directive, the powers conferred by this Regulation.

(2) An authorized officer may, on production of his authorization if so required by any person affected, for the purposes of these Regulations and of the Directive--

( a ) at all reasonable times enter any premises or place or any ship or other vessel, aircraft, railway wagon or other vehicle, in which he has reasonable grounds for believing that there is a vessel or a vessel is being manufactured, or any premises or place that are part of the undertaking engaged in the manufacture of vessels,

( b ) at such premises or place, inspect and take copies of, or extracts from, any books, records or other documents which he finds in the course of his inspection,

( c ) carry out or have carried out such examinations, tests, inspections and checks of the place and any equipment, machinery or plant in or at the place as he reasonably considers to be necessary for the purposes of his functions under these Regulations or the Directive,

( d ) require any person at the premises or place and the owner or person in charge of the ship or other vessel, aircraft, railway wagon or other vehicle and any person employed in connection therewith to give to him such information and to produce to him such books, documents and other records which are in that person's power or procurement as he may reasonably require for the purposes of his functions under these Regulations or the Directive,

( e ) take possession of and remove for examination and checking by the Minister or an inspection body, a vessel or any part thereof, and retain such vessel or part thereof for such time as he considers reasonable for the purposes of his functions under these Regulations or the Directive.

16. (1) A person who--

( a ) obstructs or interferes with an authorized officer in the course of exercising a power conferred on him by these Regulations or impedes the exercise by the officer of such power or fails or refuses to comply with a request made by, or to answer a question asked by, an authorized officer pursuant to these Regulations or in purported compliance with such request or in answer to such question gives information to an officer that he knows to be false or misleading in a material respect, or

( b ) affixes to a vessel a mark or inscription which is likely to be confused with the EC mark, or

( c ) contravenes in any other way any provision or requirement of, or under, these Regulations

shall be guilty of an offence.

(2) Where an offence under these Regulations has been committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(3) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1951, proceedings for an offence under these Regulations may be instituted at any time within one year from the date on which the offence was committed.

17. Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister.

GIVEN under my Official Seal, this 3rd day of May, 1991.

DESMOND O'MALLEY

Minister for Industry and Commerce.

EXPLANATORY NOTE

The purpose of these Regulations is to give legal effect to Council Directive 87/404/EEC of 25 June 1987, as amended by Council Directive 90/488/EEC of 17 September 1990, on the harmonization of the laws of Member States relating to simple pressure vessels.

The Regulations come into operation on 13 May 1991. The Regulations apply to series manufactured simple pressure vessels i.e. any welded vessel subject to an internal gauge pressure greater than 0.5 bar intended to contain air or nitrogen, but not intended to be fired, and as further defined in Directive 87/404/EEC. The Regulations prohibit, with effect from 1 July 1992, the placing on the market or the taking into service of a simple pressure vessel if, when properly installed or maintained and used for the purposes for which it was intended, it compromises the safety of persons, domestic animals or property and unless it satisfies requirements of the Directive. Vessels bearing the EC mark are presumed to comply with the requirements in the absence of proof to the contrary. The Regulations also provide for the appointment of inspection bodies by the Minister and the procedures for the grant by inspection bodies of certificates of adequacy and EC type examination as well as the operation of EC verification and surveillance of the manufacture of larger vessels. The Regulations also set out the obligations on manufacturers of series produced vessels whose PS and V product exceeds 50 bar/litre, and the conditions under which manufacturers may issue a declaration of conformity and attach the EC mark.

The Regulations also empower the Minister to order the withdrawal from the market of vessels bearing the EC mark if they are likely to compromise the safety of persons, animals or property. The Regulations also provide for an appeals procedure for persons aggrieved by a decision of an inspection body, the appointment and powers of authorised officers and penalties for offences under the Regulations.