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Article 5
Presumption of conformity
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1.
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Member States shall regard pressure equipment and assemblies bearing
the CE marking provided for in Article
15 and the EC declaration of conformity provided for in Annex
VII as conforming to all the provisions of this Directive, including
the conformity assessment provided for in Article
10.
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| 2. |
Pressure equipment and assemblies which conform to the national standards
transposing the harmonized standards the reference numbers of which have
been published in the Official Journal of the European Communities shall
be presumed to conform to the essential requirements referred to in Article
3. Member States shall publish the reference numbers of the national
standards referred to above.
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| 3. |
Member States shall ensure that appropriate measures are taken to enable
both sides of industry to have an input at national level in the process
of preparing and monitoring the harmonized standards.
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Article 6
Committee on technical standards and regulations
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Where a Member State or the Commission considers that the standards
referred to in Article 5 (2) do not entirely
meet the essential requirements referred to in Article
3, the Member State concerned or the Commission shall inform the Standing
Committee set up by Article 5 of Directive 83/189/EEC giving the reasons
therefor. The Committee shall issue an opinion as a matter of urgency.
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Taking into account the Committee's opinion, the Commission shall notify
the Member States as to whether or not those standards should be withdrawn
from the publications referred to in Article
5 (2). |
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Article 7
Committee on Pressure Equipment
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| 1. |
The Commission may take any appropriate measure to implement the following
provisions:
Where a Member State considers that, for very serious safety reasons,
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an item or family of pressure equipment referred to in Article
3 (3) should be subject to the requirements of Article 3 (1), or
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an assembly or family of assemblies referred to in Article
3 (3) should be subject to the requirements of Article 3 (2), or
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an item or family of pressure equipment should be classified, by way
of derogation from the requirements of Annex
II, in another category, |
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it shall submit a duly substantiated request to the Commission
and ask it to take the necessary measures. Those measures shall be adopted
in accordance with the procedure laid down in paragraph 3
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| 2. |
The Commission shall be assisted by a Standing Committee, hereafter
referred to as 'the Committee', composed of representatives appointed by
the Member States and chaired by a representative of the Commission.
The Committee shall draw up its own rules of procedure.
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| 3. |
The representative of the Commission shall submit to the Committee
a draft of the measures to be taken pursuant to paragraph 1. The Committee
shall deliver its opinion on the draft, within a time limit which the chairman
may lay down according to the urgency of the matter, if necessary by taking
a vote.
The opinion shall be record in the minutes; in addition, each Member
State shall have the right to ask to have its position recorded in the
minutes.
The Commission shall take the utmost account of the opinion delivered
by the Committee. It shall inform the Committee of the manner in which
its opinion has been taken into account.
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| 4. |
The Committee may furthermore examine any other matter relating to
the implementation and practical application of this Directive and raised
by its chairman either on his own initiative or at the request of a Member
State.
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Article 8
Safeguard clause
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| 1. |
Where a Member State ascertains that pressure equipment or assemblies
referred to in Article 1, bearing the CE marking and used in accordance
with their intended use are liable to endanger the safety of persons and,
where appropriate, domestic animals or property, it shall take all appropriate
measures to withdraw such equipment or assemblies from the market, prohibit
the placing on the market, putting into service or use thereof, or restrict
free movement thereof.
The Member State shall immediately inform the Commission of any such
measure, indicating the reasons for its decision and, in particular, whether
non-conformity is due to:
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| (a) |
failure to satisfy the essential requirements referred to in Article
3; |
| (b) |
incorrect application of the standards referred to in Article
5 (2); |
| (c) |
shortcomings in the standards referred to in Article
5 (2); |
| (d) |
shortcomings in the European approval of pressure equipment materials
as referred to in Article 11. |
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