| THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing
the European Community, and in particular Article 100a thereof,
Having regard to the proposals from
the Commission (1),
Having regard to the Opinion of
the Economic and Social Committee (2),
Acting in accordance with the procedure
laid down in Article 189b of the Treaty (3), in the light
of the joint text approved by the Conciliation Committee on 4 February
1997,
| 1. |
Whereas the internal market is an
area without internal frontiers in which the free movement of goods, persons,
services and capital is ensured; |
| 2. |
Whereas there are differences in
the content and scope of the laws, regulations and administrative provisions
in force in the Member States with regard to the safety and protection
of health of persons and, where appropriate, domestic animals or property,
where pressure equipment not covered by present Community legislation is
concerned; whereas the certification and inspection procedures for such
equipment differ from one Member State to another; whereas such disparities
may well constitute barriers to trade within the Community; |
| 3. |
Whereas the harmonization
of national legislation is the only means of removing these barriers to
free trade; whereas this objective cannot be achieved satisfactorily by
the individual Member States; whereas this Directive only lays down indispensable
requirements for the free circulation of the equipment to which it is applicable; |
|
| 4. |
Whereas equipment subject to a pressure
of not more than 0,5 bar does not pose a significant hazard due to pressure;
whereas there should not therefore be any obstacle to its free movement
within the Community; whereas this Directive applies to equipment subject
to a maximum allowable pressure PS exceeding 0,5 bar; |
| 5. |
Whereas this Directive relates also
to assemblies composed of several pieces of pressure equipment assembled
to constitute an integrated and functional whole; whereas these assemblies
may range from simple assemblies such as pressure cookers to complex assemblies
such as watertube boilers; whereas, if the manufacturer of an assembly
intends it to be placed on the market and put into service as an assembly
- and not in the form of its constituent non-assembled elements - that
assembly must conform to this Directive; whereas, on the other hand, this
Directive does not cover the assembly of pressure equipment on the site
and under the responsibility of the user, as in the case of industrial
installations; |
| 6. |
Whereas this Directive harmonizes
national provisions on hazards due to pressure; whereas the other hazards
which this equipment may present accordingly may fall within the scope
of other Directives dealing with such hazards; whereas, however, pressure
equipment may be included among products covered by other Directives based
on Article 100a of the Treaty; whereas the provisions laid down in some
of those Directives deal with the hazard due to pressure; whereas those
provisions are considered adequate to provide appropriate protection where
the hazard due to pressure associated with such equipment remains small;
whereas, therefore, there are grounds for excluding such equipment from
the scope of this Directive; |
|
(1)
OJ No C 246, 9. 9. 1993, p. 1 and OJ No C 207, 27. 7. 1994, p. 5. 
(2) OJ No C 52, 19. 2. 1994,
p. 10.
(3) Opinion of the European
Parliament of 19 April 1994 (OJ No C 128, 9. 5. 1994, p. 61), common position
of the Council of 29 March 1996 (OJ No C 147, 21. 5. 1996, p. 1), Decision
of the European Parliament of 17 July 1996 (OJ No C 261, 9. 9. 1996, p.
68). Council Decision of 17 April 1997. |
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