| 2. |
The Commission shall enter into consultation with the parties concerned
without delay. Where the Commission considers, after this consultation,
that the measure is justified, it shall immediately so inform the Member
State which took the initiative and the other Member States.
Where the Commission considers, after this consultation, that the measure
is unjustified, it shall immediately so inform the Member State which took
the initiative and the manufacturer, or his authorized representative established
within the Community.
Where the decision referred to in paragraph 1 is based on a shortcoming
in the standards or in European approvals for materials and where the Member
State at the origin of the decision maintains its position the Commission
shall immediately inform the Committee referred to in Article
6 in order to initiate the procedure referred to in the first paragraph
of Article 6.
|
| 3. |
Where pressure equipment or an assembly which does not comply bears
the CE marking, the competent Member State shall take appropriate action
against the person(s) having affixed the CE marking and shall so inform
the Commission and the other Member States.
|
| 4. |
The Commission shall ensure that the Member Sates are kept informed
of the progress and outcome of this procedure.
|
|
Article 9
Classification of pressure equipment
|
| 1. |
Pressure equipment referred to in Article
3 (1) shall be classified by category in accordance with Annex
II, according to ascending level of hazard.
For the purposes of such classification fluids shall be divided into
two groups in accordance with 2.1 and 2.2.
|
| 2.1. |
Group 1 comprises dangerous fluids. A dangerous fluid is a substance
or preparation covered by the definitions in Article 2 (2) of Council Directive
67/548/EEC of 27 June 1967 on the approximation of the laws, regulations
and administrative provisions relating to the classification, packaging
and labelling of dangerous substances (1). |
|
|
Group 1 comprises fluids defined as: |
|
- explosive,
- extremely flammable,
- highly flammable,
- flammable (where the maximum allowable temperature is above flashpoint),
- very toxic,
- toxic,
- oxidizing. |
| 2.2. |
Group 2 comprises all other fluids not referred to in 2.1.
|
| 3. |
Where a vessel is composed of a number of chambers, it shall be classified
in the highest category applicable to the individual chambers. Where a
chamber contains several fluids, classification shall be on the basis of
the fluid which requires the highest category.
|
|
Article 10
Conformity assessment
|
| 1.1. |
Before placing pressure equipment on the market, the manufacturer shall
subject each item of equipment to one of the conformity assessment procedures
described in Annex III, according to
the conditions given in this Article. |
| 1.2. |
The conformity assessment procedures to be applied to an item of pressure
equipment with a view to affixing the CE marking shall be determined by
the category, as defined in Article 9, in which the
equipment is classified. |
| 1.3. |
The conformity assessment procedures to be applied for the various
categories are as follows:
- category I
Module A
- category II
Module A1
Module D1
Module E1
- category III
Module B1 + D
Module B1 + F
Module B + E
Module B + C1
Module H
- category IV
Module B + D
Module B + F
Module G
Module H1 |
|
