| 7. |
Whereas, for pressure equipment
covered by international Conventions, transport and pressure hazards are
due to be dealt with as soon as possible by forthcoming Community Directives
based on such Conventions or by supplements to existing Directives; whereas
such equipment is accordingly excluded from the scope of this Directive; |
| 8. |
Whereas certain types of pressure
equipment, although subject to a maximum allowable pressure PS higher than
0,5 bar, do not present any significant hazard due to pressure, and therefore
the freedom of movement of such equipment in the Community should not be
hindered if it has been legally manufactured or placed on the market in
a Member State; whereas it is not necessary in order to ensure free movement
of such equipment to include it in the scope of this Directive; whereas
consequently it is expressly excluded from its scope; |
| 9. |
Whereas other pressure equipment
subject to a maximum allowable pressure higher than 0,5 bar and presenting
a significant hazard due to pressure, but in respect of which free movement
and an appropriate level of safety are guaranteed, is excluded from the
scope of this Directive; whereas such exclusions should, however, be regularly
reviewed in order to ascertain whether it is necessary to take action at
Union level; |
| 10. |
Whereas regulations to remove technical
barriers to trade must follow the new approach provided for in the Council
Resolution of 7 May 1985 on a new approach to technical harmonization and
standards (1), which requires a definition of the essential
requirements regarding safety and other requirements of society without
reducing existing, justified levels of protection within the Member States;
whereas that Resolution provides that a very large number of products be
covered by a single Directive in order to avoid frequent amendments and
the proliferation of Directives; |
| 11. |
Whereas the existing Community Directives
on the approximation of the laws of the Member States relating to pressure
equipment have made positive steps towards removing barriers to trade in
this area; whereas those Directives cover that sector only to a minor extent;
whereas Council Directive 87/404/EEC of 25 June 1987 on the harmonization
of the laws of the Member States relating to simple pressure vessels (2)
is the first case of application of the new approach to the sector of pressure
equipment; whereas the present Directive will not apply to the area covered
by Directive 87/404/EEC; whereas, no later than three years after the present
Directive enters into force, a review will be carried out of the application
of Directive 87/404/EEC in order to ascertain the need for the integration
thereof into the present Directive; |
|
| 12. |
Whereas the framework Directive,
Council Directive 76/767/EEC of 27 July 1976 on the approximation of the
laws of the Member States relating to common provisions for pressure vessels
and methods for inspecting them (3) is optional; whereas
it provides for a procedure for the bilateral recognition of testing and
certification of pressure equipment which did not operate satisfactorily
and which therefore must be replaced by effective Community measures; |
| 13. |
Whereas the scope of this Directive
must be based on a general definition of the term 'pressure equipment'
so as to allow for the technical development of products; |
| 14. |
Whereas compliance with the essential
safety requirements is necessary in order to ensure the safety of pressure
equipment; whereas those requirements have been subdivided into general
and specific requirements which must be met by pressure equipment; whereas
in particular the specific requirements are intended to take account of
particular types of pressure equipment; whereas certain types of pressure
equipment in categories III and IV must be subject to a final assessment
comprising final inspection and proof tests; |
| 15. |
Whereas Member States should be
in a position to allow the showing at trade fairs of pressure equipment
which is not yet in conformity with the requirements of this Directive;
whereas, during demonstrations, appropriate safety measures must be taken
in accordance with the general safety rules of the Member State concerned
to ensure the safety of persons; |
| 16. |
Whereas in order to ease the task
of demonstrating compliance with the essential requirements, standards
harmonized at European level are useful, especially with regard to the
design, manufacture and testing of pressure equipment, compliance with
which enables a product to be presumed to meet the said essential requirements;
whereas standards harmonized at European level are drawn up by private
bodies and must retain their non-mandatory status; whereas, for this purpose,
the European Committee for Standardization (CEN) and the European Committee
for Electrotechnical Standardization (Cenelec) are recognized as being
the bodies that are competent to adopt harmonized standards that follow
the general guidelines for cooperation between the Commission and those
two bodies signed on 13 November 1984; |
|
(1)
OJ No C 136, 4. 6. 1985, p. 1. 
(2) OJ No L 220, 8. 8. 1987,
p. 48. Directive as last amended by Directive 93/68/EEC (OJ No L 220, 30.
8. 1993, p. 1).
(3) OJ No L 262, 27. 9.
1976, p. 153. Directive as last amended by the 1994 Act of Accession. |
|
