| 17. |
Whereas, for the purposes of this Directive, a harmonized
standard is a technical specification (European standard or harmonization
document) adopted by one or other of those bodies, or by both, at the request
of the Commission pursuant to Council Directive 83/189/EEC of 28 March
1983 laying down a procedure for the provision of information in the field
of technical standards and regulations (1) and in accordance
with the general guidelines referred to above; whereas, in relation to
standardization, it would be advisable for the Commission to be assisted
by the Committee set up pursuant to Directive 83/189/EEC; whereas the Committee
will, if necessary, consult technical experts; |
| 18. |
Whereas manufacturing of pressure equipment calls for the
utilization of safe materials; whereas in the absence of harmonized standards
it is useful to define the characteristics of the materials intended for
repeated use; whereas this definition is established by European approvals
for materials, such approvals being issued by one of the notified bodies
specifically designated for that task; whereas the materials conforming
to the European approvals shall be presumed to satisfy the essential requirements
of this Directive; |
| 19. |
Whereas, in view of the nature of the hazards involved in
the use of pressure equipment it is necessary to establish procedures for
assessing compliance with the basic requirements of the Directives; whereas
these procedures must be devised in the light of the level of danger which
is inherent in the pressure equipment; whereas, therefore, for each category
of pressure equipment there must be an adequate procedure or a choice between
different procedures of equivalent stringency; whereas the procedures adopted
are as required by Council Decision 93/465/EEC of 22 July 1993 concerning
the modules for the various phases of the conformity assessment procedures
and the rules for the affixing and use of the CE conformity marking, which
are intended to be used in the technical harmonization Directives
(2); whereas the details added to these procedures are justified by
the nature of the verification required for pressure equipment; |
| 20. |
Whereas Member States should be in a position to authorize
user inspectorates to carry out certain tasks for conformity assessment
in the framework of this Directive; whereas for that purpose this Directive
sets out criteria for the authorization of user inspectorates by Member
States; |
|
| 21. |
Whereas, under the conditions laid down by this Directive,
certain procedures for conformity assessment may require each item to be
inspected and tested by a notified body or a user inspectorate as part
of the final assessment of the pressure equipment; whereas in other cases
provision should be made to ensure that the final assessment may be monitored
by a notified body by means of unexpected visits; |
| 22. |
Whereas pressure equipment will, as a general rule, bear
the CE marking affixed either by the manufacturer or by his authorized
representative established within the Community; whereas the CE marking
means that the pressure equipment complies with the provisions of this
Directive and those of other applicable Community directives on CE marking;
whereas for pressure equipment defined in this Directive which presents
only a minor pressure hazard and for which certification procedures are
therefore not justified, the CE marking will not be affixed; |
| 23. |
Whereas it is appropriate that the Member States, as provided
for by Article 100a of the Treaty, may take provisional measures to limit
or prohibit the placing on the market, putting into service and use of
pressure equipment in cases where it presents a particular risk to the
safety of persons and, where appropriate, domestic animals or property,
provided that the measures are subject to a Community control procedure; |
| 24. |
Whereas the addressees of any decision taken under this
Directive must be aware of the reasons behind that decision and the means
of appeal open to them; |
| 25. |
Whereas it is necessary to lay down a transitional arrangement
enabling pressure equipment manufactured in compliance with the national
regulations in force on the date of entry into force of this Directive
to be marketed and put into service; |
| 26. |
Whereas the requirements laid down in the Annexes should
be made as clear as possible so as to allow all users, including small
and medium-sized enterprises (SMEs), to comply with them easily; |
| 27. |
Whereas an agreement on a modus vivendi between the European
Parliament, the Council and the Commission concerning the implementing
measures for acts adopted in accordance with the procedure laid down in
Article 189b of the Treaty was reached on 20 December 1994
(3) |
|
