BETA


Events

2010/06/30
   Final act published in Official Journal
Details

PURPOSE: to set out detailed rules concerning transportable pressure equipment to enhance safety and ensure free movement of such equipment within the Union.

LEGISLATIVE ACT: Directive 2010/35/EU of the European Parliament and of the Council on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.

CONTENT: this Directive updates and streamlines the provisions of a 1999 directive on transportable pressure equipment, aimed at enhancing transport safety for such equipment and ensuring its free movement in a single transport market. This revision eliminates conflicting rules and simplifies the regulatory framework, especially as regards conformity assessment procedures, without substantially modifying the scope or measures provided for by the 1999 directive. As a consequence of the revision, several directives relating to pressure equipment are repealed.

In order not to hinder transport operations between Member States and third countries, the Directive does not apply to transportable pressure equipment exclusively used for the transport of dangerous goods between the territory of the Union and that of third countries.

The text contains rules on the obligations of the different economic operators, the conformity of the equipment, and inspection and monitoring bodies and their mutual recognition.

Scope: transportable pressure equipment shall be understood as including gas cartridges (UN No. 2037) and excluding aerosols (UN No. 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN No. 1044), transportable pressure equipment exempted according to 1.1.3.2 of the Annexes to Directive 2008/68/EC and transportable pressure equipment exempted from the rules for construction and testing of packaging according to special provisions in 3.3 of the Annexes to Directive 2008/68/EC;

Economic operators : economic operators will, in relation to their respective roles in the supply chain, be responsible for the compliance of transportable pressure equipment with the safety and market access rules.

Conformity assessment : compliance of new transportable pressure equipment with the technical requirements of the Annexes to Directive 2008/68/EC and this Directive will be demonstrated by means of a conformity assessment to provide evidence that the transportable pressure equipment is safe.

Pi marking : transportable pressure equipment must bear a mark indicating its compliance with Directive 2008/68/EC and this Directive to ensure its free movement. The Pi marking shall be affixed before the new transportable pressure equipment or demountable parts of refillable transportable pressure equipment having a direct safety function are placed on the market. It shall be followed by the identification number of the notified body involved in the initial inspections and tests. The marking of the date of the periodic inspection or, where appropriate, the intermediate inspection shall be accompanied by the identification number of the notified body responsible for the periodic inspection;

Inspections: periodic inspections, intermediate inspections and exceptional checks of transportable pressure equipment will be carried out in accordance with the Annexes to Directive 2008/68/EC and with this Directive to ensure continued compliance with their safety requirements.

Conformity reassessment : where existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it is subject to reassessment of conformity.

Notified bodies : the conformity assessment procedures provided for in the Annexes to Directive 2008/68/EC and in this Directive require the intervention of inspection bodies setting out detailed operational requirements to ensure a uniform level of performance throughout the Union. These inspection bodies should then be notified by the Member States to the Commission.

Notifying authorities : Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment, notification and subsequent monitoring of notified bodies. The notifying authority should retain responsibility for monitoring the notified body regardless of where the notified body performs its activities in order to ensure clear responsibility for ongoing monitoring.

Mutual recognition : the Directive lays down common rules for the mutual recognition of notified bodies which ensure compliance with Directive 2008/68/EC and this Directive. Those common rules will have the effect of eliminating unnecessary costs and administrative procedures related to the approval of the equipment and of eliminating technical barriers to trade.

ENTRY INTO FORCE: 20/07/2010.

TRANSPOSITION: 30/06/2011. Member States shall ensure that Article 21(2)(d) (accreditation certificates on applications for notification) applies with effect from 01/01/2012. All Member States provisions must apply to pressure receptacles, their valves and other accessories used for the carriage of UN No 1745, UN No 1746 and UN No 2495 from 01/07/2013.

2010/06/24
   EC - Commission response to text adopted in plenary
Documents
2010/06/16
   CSL - Draft final act
Documents
2010/06/16
   CSL - Final act signed
2010/06/16
   EP - End of procedure in Parliament
2010/05/31
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2010/05/31
   CSL - Council Meeting
2010/05/05
   EP - Results of vote in Parliament
2010/05/05
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament Committee adopted by 602 votes to 1, with 15 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on transportable pressure equipment.

It adopted its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments adopted in plenary are a result of a compromise reached between European Parliament, the Council and the Commission.

They amend the Commission’s proposal as follows:

the compromise specifies that transportable pressure equipment shall be understood as including gas cartridges (UN No. 2037) and excluding aerosols (UN No. 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN No. 1044), transportable pressure equipment exempted according to 1.1.3.2 of the Annexes to Directive 2008/68/EC and transportable pressure equipment exempted from the rules for construction and testing of packaging according to special provisions in 3.3 of the Annexes to Directive 2008/68/EC; periodic inspections, intermediate inspections and exceptional checks of transportable pressure equipment should be carried out in accordance with the Annexes to Directive 2008/68/EC and with this Directive to ensure continued compliance with their safety requirements; this Directive should not apply to transportable pressure equipment which was placed on the market before the date of implementation of Directive 1999/36/EC and which has not been subject to reassessment of conformity; if existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it should be subject to reassessment of conformity; the equipment shall be subject to periodic inspections, intermediate inspections and exceptional checks in accordance with the Annexes to Directive 2008/68/EC;

where existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it should be subject to reassessment of conformity; measures relating to owners shall not apply to private individuals intending to use or using transportable pressure equipment for their personal or domestic use or for their leisure or sporting activities;

economic operators shall, on request from the market surveillance authority, identify the following to it for a period of at least 10 years: (a) any economic operator who has supplied them with transportable pressure equipment; (b) any economic operator to whom they have supplied transportable pressure equipment;

certificates of conformity assessment and certificates of reassessment of conformity and reports of periodic inspections, intermediate inspections and exceptional checks issued by a notified body shall be valid in all Member States;

the Pi marking shall be affixed before the new transportable pressure equipment or demountable parts of refillable transportable pressure equipment having a direct safety function are placed on the market. It shall be followed by the identification number of the notified body involved in the initial inspections and tests. The marking of the date of the periodic inspection or, where appropriate, the intermediate inspection shall be accompanied by the identification number of the notified body responsible for the periodic inspection;

Members propose a new recital which calls on the Commission to draw up specific guidelines to facilitate the practical implementation of the technical provisions of this Directive; lastly, as far as the new provisions on comitology are concerned, Members introduced modifications which aim at preserving Parliament's prerogatives and meeting its procedural requirements as regards both the revocation of the delegation of powers to the Commission and objections to delegated acts.

Documents
2010/03/26
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2010/03/26
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2010/03/23
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on Transport and Tourism adopted the report by Brian Simpson (S&D, UK) on the proposal for a directive of the European Parliament and of the Council on transportable pressure equipment.

It recommended that the European Parliament’s position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) should be to amend the Commission proposal as follows:

- an amendment specifying that transportable pressure equipment shall be understood as including gas cartridges (UN No. 2037) and excluding aerosols (UN No. 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN No. 1044), transportable pressure equipment exempted according to 1.1.3.2 of the Annexes to Directive 2008/68/EC and transportable pressure equipment exempted from the rules for construction and testing of packaging according to special provisions in 3.3 of the Annexes to Directive 2008/68/EC;

- periodic inspections, intermediate inspections and exceptional checks of transportable pressure equipment should be carried out in accordance with the Annexes to Directive 2008/68/EC and with this Directive to ensure continued compliance with their safety requirements;

- according to the Members, this Directive should not apply to transportable pressure equipment which was placed on the market before the date of implementation of Directive 1999/36/EC and which has not been subject to reassessment of conformity;

- if existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it should be subject to reassessment of conformity;

- Members propose a new recital which calls on the Commission to draw up specific guidelines to facilitate the practical implementation of the technical provisions of this Directive;

- lastly, as far as the new provisions on comitology are concerned, Members introduced modifications which aim at preserving Parliament's prerogatives and meeting its procedural requirements as regards both the revocation of the delegation of powers to the Commission and objections to delegated acts.

2010/03/11
   CSL - Debate in Council
Details

Pending the European Parliament's position at first reading, the Council reached a general approach on the draft directive on transportable pressure equipment ( doc. 6856/10 ).

However, the issue of the procedural provisions on delegation of powers to the Commission for implementing acts is still open and will be further discussed during the negotiations with the European Parliament on the text.

The draft legislation is a revision of Directive 1999/36/EC on the same subject. The Directive was adopted in order to enhance transport safety for such equipment and to ensure its free movement in a single transport market. The text contains rules on the obligations of the different economic operators, the conformity of the equipment, and inspection and monitoring bodies and their mutual recognition.

The purpose of the revision is to update and streamline the provisions of the 1999 Directive in the light of recent EU and international legislative developments, in particular Directive 2008/68/EC on the inland transport of dangerous goods as well as Regulation (EC) 765/2008 and Decision 768/2008/EC, which set the framework for the marketing of products in the single European market. The revision will eliminate conflicting rules and simplify the regulatory framework, especially as regards conformity assessment procedures, without substantially modifying the scope or measures provided for by the existing directive. As a consequence of this revision, several directives relating to pressure equipment will be repealed.

The Council intends to reach an early agreement with the European Parliament so that the two institutions can adopt the text at first reading.

Documents
2010/03/11
   CSL - Council Meeting
2010/02/25
   EP - Amendments tabled in committee
Documents
2010/01/28
   EP - Committee draft report
Documents
2009/10/07
   EP - Committee referral announced in Parliament, 1st reading/single reading
2009/10/05
   EP - SIMPSON Brian (S&D) appointed as rapporteur in TRAN
2009/09/18
   EC - Legislative proposal published
Details

PURPOSE: to set out detailed rules concerning transportable pressure equipment to enhance safety and ensure free movement of such equipment within the Community.

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: the transport of pressure equipment, e. g. tanks, receptacles, drums and cylinders, constitutes an important area of the transport of dangerous goods.

Council Directive 1999/36/EC ensures a high level of transport safety for transportable pressure equipment whilst allowing their free movement and use on the European transport market through common norms for their design, construction and subsequent checks. For the technical requirements, the existing Directive 1999/36/EC refers to Directives 94/55/EC and 96/49/EC, which have been repealed by Directive 2008/68/EC with effect of 1 July 2009 . Directive 2008/68/EC incorporates into Community legislation the requirements contained in international agreements on transport of dangerous goods by road ( ADR: European Agreement concerning the International Carriage of Dangerous Goods by Road), rail (RID: Regulations concerning the International Carriage of Dangerous Goods by Rail) and inland waterways (ADN: European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways).

As a result of these recent legislative developments, which in turn reflect technical developments over the last 10 years, the EU rules have become complicated and difficult to understand. In addition, on a number of technical issues the interplay between European and international rules will lead to certain contradictions which would make their application even more difficult. The second key objective of the proposal concerns the use of the equipment itself for transport operations in the internal market.

In view of these facts it is necessary to revise Directive 1999/36/EC.

CONTENT: this proposed Directive sets out detailed rules concerning transportable pressure equipment to enhance safety and ensure free movement of such equipment within the Community. It defines a number of terms regarding transportable pressure equipment, actors and measures guaranteeing the safety of the equipment and its use on the internal market.

The need for simplification and clarification is the main reason for the Commission to propose this revision. Neither the scope, nor the measures of the existing Directive will be changed in any substantial way. This also results in minimal budgetary and other economic impacts on administration and operators.

As for the technical provisions, a central simplification objective is to remove conflicting issues between the existing Directive on Transportable Pressure Equipment and international rules on the transport of dangerous goods, in particular since these rules have already been extended to Community legislation through Directive 2008/68/EC.

The proposal simplifies existing provisions, in particular those relating to the modules on conformity assessment procedures. This dimension will be substantially streamlined and simplified in the proposal, which makes reference to the relevant international agreements. The technical rules and administrative procedures are more consistently presented in one source, i.e. in the international agreements.

The proposed Directive focuses on those issues that can be treated satisfactorily only through European legislation.

As for making the equipment required for transport operations available on the market, the

Community has recently adopted rules relating to the marketing of products on the EU single market (" New Legislative Framework ") which should, wherever possible, be applied across all industrial sectors (see COD/2007/0029 and COD/2007/0030 ). By incorporating these rules into the proposal for the specific sector of transportable pressure equipment the Commission will help to simplify the rules by not creating different, sector-specific rules where the general rules would serve the purpose.

BUDGETARY IMPLICATIONS: given that the provisions of the existing Directive on transportable pressure equipment are already implemented, any further budgetary implications will be minor.

Documents

Votes

Rapport SIMPSON A7-0101/2010 - RÉSOLUTION LÉGISLATIVE

2010/05/05 Outcome: +: 602, 0: 15, -: 1
DE IT ES FR PL GB RO NL BE EL PT SE HU CZ BG FI LT DK SK AT IE LV CY EE MT SI LU
Total
87
68
48
45
42
38
33
24
20
19
18
17
19
18
16
13
12
12
12
16
9
7
6
5
5
4
4
icon: PPE PPE
233

Czechia PPE

2

Denmark PPE

For (1)

1
2

Estonia PPE

For (1)

1

Malta PPE

2

Slovenia PPE

For (1)

1

Luxembourg PPE

3
icon: S&D S&D
165

Netherlands S&D

3

Finland S&D

2

Latvia S&D

1

Estonia S&D

For (1)

1

Slovenia S&D

For (1)

1
icon: ALDE ALDE
76

Lithuania ALDE

2

Denmark ALDE

2

Slovakia ALDE

For (1)

1

Latvia ALDE

For (1)

1
2

Slovenia ALDE

2
icon: ECR ECR
40

Netherlands ECR

For (1)

1

Belgium ECR

For (1)

1

Hungary ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1
icon: Verts/ALE Verts/ALE
39

Spain Verts/ALE

1

United Kingdom Verts/ALE

2

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Greece Verts/ALE

1
3

Finland Verts/ALE

2

Denmark Verts/ALE

2

Austria Verts/ALE

2

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
24

Spain GUE/NGL

For (1)

1

France GUE/NGL

Abstain (1)

1

Netherlands GUE/NGL

2

Greece GUE/NGL

2

Sweden GUE/NGL

1

Denmark GUE/NGL

1
icon: EFD EFD
20

United Kingdom EFD

4

Netherlands EFD

For (1)

1

Greece EFD

1

Finland EFD

For (1)

1

Lithuania EFD

2

Denmark EFD

2

Slovakia EFD

For (1)

1
icon: NI NI
20

Spain NI

1

France NI

2

Belgium NI

2

Hungary NI

2

Bulgaria NI

For (1)

1
AmendmentsDossier
1 2009/0131(COD)
2010/02/25 TRAN 1 amendments...
source: PE-439.298

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2010-03-23T00:00:00 body: EP committees: body: EP shadows: group: ALDE name: MEISSNER Gesine group: Verts/ALE name: LICHTENBERGER Eva group: GUE/NGL name: KOHLÍČEK Jaromír responsible: True committee: TRAN date: 2009-10-05T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian type: Vote in committee, 1st reading/single reading
  • date: 2010-03-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-101&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0101/2010 body: EP committees: body: EP shadows: group: ALDE name: MEISSNER Gesine group: Verts/ALE name: LICHTENBERGER Eva group: GUE/NGL name: KOHLÍČEK Jaromír responsible: True committee: TRAN date: 2009-10-05T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian type: Committee report tabled for plenary, 1st reading/single reading
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  • date: 2010-05-31T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3017
  • date: 2010-05-31T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2010-06-16T00:00:00 body: CSL type: Final act signed
  • date: 2010-06-16T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2010-06-30T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010L0035 title: Directive 2010/35 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2010:165:TOC title: OJ L 165 30.06.2010, p. 0001
commission
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council
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3017 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3017*&MEET_DATE=31/05/2010 date: 2010-05-31T00:00:00
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3001 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3001*&MEET_DATE=11/03/2010 date: 2010-03-11T00:00:00
docs
  • date: 2010-01-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE438.172 title: PE438.172 type: Committee draft report body: EP
  • date: 2010-02-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE439.298 title: PE439.298 type: Amendments tabled in committee body: EP
  • date: 2010-03-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-101&language=EN title: A7-0101/2010 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2010-06-16T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=0014%2F10&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00014/2010 type: Draft final act body: CSL
  • date: 2010-06-24T00:00:00 docs: url: /oeil/spdoc.do?i=18242&j=0&l=en title: SP(2010)3805 type: Commission response to text adopted in plenary
events
  • date: 2009-09-18T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2009/0482/COM_COM(2009)0482_EN.pdf title: COM(2009)0482 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=482 title: EUR-Lex summary: PURPOSE: to set out detailed rules concerning transportable pressure equipment to enhance safety and ensure free movement of such equipment within the Community. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: the transport of pressure equipment, e. g. tanks, receptacles, drums and cylinders, constitutes an important area of the transport of dangerous goods. Council Directive 1999/36/EC ensures a high level of transport safety for transportable pressure equipment whilst allowing their free movement and use on the European transport market through common norms for their design, construction and subsequent checks. For the technical requirements, the existing Directive 1999/36/EC refers to Directives 94/55/EC and 96/49/EC, which have been repealed by Directive 2008/68/EC with effect of 1 July 2009 . Directive 2008/68/EC incorporates into Community legislation the requirements contained in international agreements on transport of dangerous goods by road ( ADR: European Agreement concerning the International Carriage of Dangerous Goods by Road), rail (RID: Regulations concerning the International Carriage of Dangerous Goods by Rail) and inland waterways (ADN: European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways). As a result of these recent legislative developments, which in turn reflect technical developments over the last 10 years, the EU rules have become complicated and difficult to understand. In addition, on a number of technical issues the interplay between European and international rules will lead to certain contradictions which would make their application even more difficult. The second key objective of the proposal concerns the use of the equipment itself for transport operations in the internal market. In view of these facts it is necessary to revise Directive 1999/36/EC. CONTENT: this proposed Directive sets out detailed rules concerning transportable pressure equipment to enhance safety and ensure free movement of such equipment within the Community. It defines a number of terms regarding transportable pressure equipment, actors and measures guaranteeing the safety of the equipment and its use on the internal market. The need for simplification and clarification is the main reason for the Commission to propose this revision. Neither the scope, nor the measures of the existing Directive will be changed in any substantial way. This also results in minimal budgetary and other economic impacts on administration and operators. As for the technical provisions, a central simplification objective is to remove conflicting issues between the existing Directive on Transportable Pressure Equipment and international rules on the transport of dangerous goods, in particular since these rules have already been extended to Community legislation through Directive 2008/68/EC. The proposal simplifies existing provisions, in particular those relating to the modules on conformity assessment procedures. This dimension will be substantially streamlined and simplified in the proposal, which makes reference to the relevant international agreements. The technical rules and administrative procedures are more consistently presented in one source, i.e. in the international agreements. The proposed Directive focuses on those issues that can be treated satisfactorily only through European legislation. As for making the equipment required for transport operations available on the market, the Community has recently adopted rules relating to the marketing of products on the EU single market (" New Legislative Framework ") which should, wherever possible, be applied across all industrial sectors (see COD/2007/0029 and COD/2007/0030 ). By incorporating these rules into the proposal for the specific sector of transportable pressure equipment the Commission will help to simplify the rules by not creating different, sector-specific rules where the general rules would serve the purpose. BUDGETARY IMPLICATIONS: given that the provisions of the existing Directive on transportable pressure equipment are already implemented, any further budgetary implications will be minor.
  • date: 2009-10-07T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2010-03-11T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3001*&MEET_DATE=11/03/2010 title: 3001 summary: Pending the European Parliament's position at first reading, the Council reached a general approach on the draft directive on transportable pressure equipment ( doc. 6856/10 ). However, the issue of the procedural provisions on delegation of powers to the Commission for implementing acts is still open and will be further discussed during the negotiations with the European Parliament on the text. The draft legislation is a revision of Directive 1999/36/EC on the same subject. The Directive was adopted in order to enhance transport safety for such equipment and to ensure its free movement in a single transport market. The text contains rules on the obligations of the different economic operators, the conformity of the equipment, and inspection and monitoring bodies and their mutual recognition. The purpose of the revision is to update and streamline the provisions of the 1999 Directive in the light of recent EU and international legislative developments, in particular Directive 2008/68/EC on the inland transport of dangerous goods as well as Regulation (EC) 765/2008 and Decision 768/2008/EC, which set the framework for the marketing of products in the single European market. The revision will eliminate conflicting rules and simplify the regulatory framework, especially as regards conformity assessment procedures, without substantially modifying the scope or measures provided for by the existing directive. As a consequence of this revision, several directives relating to pressure equipment will be repealed. The Council intends to reach an early agreement with the European Parliament so that the two institutions can adopt the text at first reading.
  • date: 2010-03-23T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Transport and Tourism adopted the report by Brian Simpson (S&D, UK) on the proposal for a directive of the European Parliament and of the Council on transportable pressure equipment. It recommended that the European Parliament’s position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) should be to amend the Commission proposal as follows: - an amendment specifying that transportable pressure equipment shall be understood as including gas cartridges (UN No. 2037) and excluding aerosols (UN No. 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN No. 1044), transportable pressure equipment exempted according to 1.1.3.2 of the Annexes to Directive 2008/68/EC and transportable pressure equipment exempted from the rules for construction and testing of packaging according to special provisions in 3.3 of the Annexes to Directive 2008/68/EC; - periodic inspections, intermediate inspections and exceptional checks of transportable pressure equipment should be carried out in accordance with the Annexes to Directive 2008/68/EC and with this Directive to ensure continued compliance with their safety requirements; - according to the Members, this Directive should not apply to transportable pressure equipment which was placed on the market before the date of implementation of Directive 1999/36/EC and which has not been subject to reassessment of conformity; - if existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it should be subject to reassessment of conformity; - Members propose a new recital which calls on the Commission to draw up specific guidelines to facilitate the practical implementation of the technical provisions of this Directive; - lastly, as far as the new provisions on comitology are concerned, Members introduced modifications which aim at preserving Parliament's prerogatives and meeting its procedural requirements as regards both the revocation of the delegation of powers to the Commission and objections to delegated acts.
  • date: 2010-03-26T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-101&language=EN title: A7-0101/2010
  • date: 2010-05-05T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=18242&l=en title: Results of vote in Parliament
  • date: 2010-05-05T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-122 title: T7-0122/2010 summary: The European Parliament Committee adopted by 602 votes to 1, with 15 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on transportable pressure equipment. It adopted its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure). The amendments adopted in plenary are a result of a compromise reached between European Parliament, the Council and the Commission. They amend the Commission’s proposal as follows: the compromise specifies that transportable pressure equipment shall be understood as including gas cartridges (UN No. 2037) and excluding aerosols (UN No. 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN No. 1044), transportable pressure equipment exempted according to 1.1.3.2 of the Annexes to Directive 2008/68/EC and transportable pressure equipment exempted from the rules for construction and testing of packaging according to special provisions in 3.3 of the Annexes to Directive 2008/68/EC; periodic inspections, intermediate inspections and exceptional checks of transportable pressure equipment should be carried out in accordance with the Annexes to Directive 2008/68/EC and with this Directive to ensure continued compliance with their safety requirements; this Directive should not apply to transportable pressure equipment which was placed on the market before the date of implementation of Directive 1999/36/EC and which has not been subject to reassessment of conformity; if existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it should be subject to reassessment of conformity; the equipment shall be subject to periodic inspections, intermediate inspections and exceptional checks in accordance with the Annexes to Directive 2008/68/EC; where existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it should be subject to reassessment of conformity; measures relating to owners shall not apply to private individuals intending to use or using transportable pressure equipment for their personal or domestic use or for their leisure or sporting activities; economic operators shall, on request from the market surveillance authority, identify the following to it for a period of at least 10 years: (a) any economic operator who has supplied them with transportable pressure equipment; (b) any economic operator to whom they have supplied transportable pressure equipment; certificates of conformity assessment and certificates of reassessment of conformity and reports of periodic inspections, intermediate inspections and exceptional checks issued by a notified body shall be valid in all Member States; the Pi marking shall be affixed before the new transportable pressure equipment or demountable parts of refillable transportable pressure equipment having a direct safety function are placed on the market. It shall be followed by the identification number of the notified body involved in the initial inspections and tests. The marking of the date of the periodic inspection or, where appropriate, the intermediate inspection shall be accompanied by the identification number of the notified body responsible for the periodic inspection; Members propose a new recital which calls on the Commission to draw up specific guidelines to facilitate the practical implementation of the technical provisions of this Directive; lastly, as far as the new provisions on comitology are concerned, Members introduced modifications which aim at preserving Parliament's prerogatives and meeting its procedural requirements as regards both the revocation of the delegation of powers to the Commission and objections to delegated acts.
  • date: 2010-05-31T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2010-06-16T00:00:00 type: Final act signed body: CSL
  • date: 2010-06-16T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2010-06-30T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to set out detailed rules concerning transportable pressure equipment to enhance safety and ensure free movement of such equipment within the Union. LEGISLATIVE ACT: Directive 2010/35/EU of the European Parliament and of the Council on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC. CONTENT: this Directive updates and streamlines the provisions of a 1999 directive on transportable pressure equipment, aimed at enhancing transport safety for such equipment and ensuring its free movement in a single transport market. This revision eliminates conflicting rules and simplifies the regulatory framework, especially as regards conformity assessment procedures, without substantially modifying the scope or measures provided for by the 1999 directive. As a consequence of the revision, several directives relating to pressure equipment are repealed. In order not to hinder transport operations between Member States and third countries, the Directive does not apply to transportable pressure equipment exclusively used for the transport of dangerous goods between the territory of the Union and that of third countries. The text contains rules on the obligations of the different economic operators, the conformity of the equipment, and inspection and monitoring bodies and their mutual recognition. Scope: transportable pressure equipment shall be understood as including gas cartridges (UN No. 2037) and excluding aerosols (UN No. 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN No. 1044), transportable pressure equipment exempted according to 1.1.3.2 of the Annexes to Directive 2008/68/EC and transportable pressure equipment exempted from the rules for construction and testing of packaging according to special provisions in 3.3 of the Annexes to Directive 2008/68/EC; Economic operators : economic operators will, in relation to their respective roles in the supply chain, be responsible for the compliance of transportable pressure equipment with the safety and market access rules. Conformity assessment : compliance of new transportable pressure equipment with the technical requirements of the Annexes to Directive 2008/68/EC and this Directive will be demonstrated by means of a conformity assessment to provide evidence that the transportable pressure equipment is safe. Pi marking : transportable pressure equipment must bear a mark indicating its compliance with Directive 2008/68/EC and this Directive to ensure its free movement. The Pi marking shall be affixed before the new transportable pressure equipment or demountable parts of refillable transportable pressure equipment having a direct safety function are placed on the market. It shall be followed by the identification number of the notified body involved in the initial inspections and tests. The marking of the date of the periodic inspection or, where appropriate, the intermediate inspection shall be accompanied by the identification number of the notified body responsible for the periodic inspection; Inspections: periodic inspections, intermediate inspections and exceptional checks of transportable pressure equipment will be carried out in accordance with the Annexes to Directive 2008/68/EC and with this Directive to ensure continued compliance with their safety requirements. Conformity reassessment : where existing transportable pressure equipment not previously assessed for conformity with Directive 1999/36/EC is to benefit from free movement and free use, it is subject to reassessment of conformity. Notified bodies : the conformity assessment procedures provided for in the Annexes to Directive 2008/68/EC and in this Directive require the intervention of inspection bodies setting out detailed operational requirements to ensure a uniform level of performance throughout the Union. These inspection bodies should then be notified by the Member States to the Commission. Notifying authorities : Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment, notification and subsequent monitoring of notified bodies. The notifying authority should retain responsibility for monitoring the notified body regardless of where the notified body performs its activities in order to ensure clear responsibility for ongoing monitoring. Mutual recognition : the Directive lays down common rules for the mutual recognition of notified bodies which ensure compliance with Directive 2008/68/EC and this Directive. Those common rules will have the effect of eliminating unnecessary costs and administrative procedures related to the approval of the equipment and of eliminating technical barriers to trade. ENTRY INTO FORCE: 20/07/2010. TRANSPOSITION: 30/06/2011. Member States shall ensure that Article 21(2)(d) (accreditation certificates on applications for notification) applies with effect from 01/01/2012. All Member States provisions must apply to pressure receptacles, their valves and other accessories used for the carriage of UN No 1745, UN No 1746 and UN No 2495 from 01/07/2013. docs: title: Directive 2010/35 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010L0035 title: OJ L 165 30.06.2010, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2010:165:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
TRAN/7/01041
New
  • TRAN/7/01041
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010L0035
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010L0035
procedure/instrument
Old
Directive
New
  • Directive
  • Repealing Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC Repealing Directive 1999/36/EC 1997/0011(SYN) Amended by 2017/0353(COD)
procedure/subject
Old
  • 2.10.03 Standardisation, EC standards and trademark, certification, compliance
  • 3.20.02 Rail transport: passengers and freight
  • 3.20.04 Inland waterway transport
  • 3.20.05 Road transport: passengers and freight
  • 3.40.03 Motor industry, cycle and motorcycle, commercial and agricultural vehicles
  • 3.70.13 Dangerous substances, toxic and radioactive wastes (storage, transport)
New
2.10.03
Standardisation, EC/EU standards and trade mark, certification, compliance
3.20.02
Rail transport: passengers and freight
3.20.04
Inland waterway transport
3.20.05
Road transport: passengers and freight
3.40.03
Motor industry, cycle and motorcycle, commercial and agricultural vehicles
3.70.13
Dangerous substances, toxic and radioactive wastes (storage, transport)
procedure/summary
  • Repealing Directive 1999/36/EC
  • Repealing Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2009-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2009/0482/COM_COM(2009)0482_EN.pdf celexid: CELEX:52009PC0482:EN type: Legislative proposal published title: COM(2009)0482 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport Commissioner: KALLAS Siim
  • date: 2009-10-07T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: ALDE name: MEISSNER Gesine group: Verts/ALE name: LICHTENBERGER Eva group: GUE/NGL name: KOHLÍČEK Jaromír responsible: True committee: TRAN date: 2009-10-05T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian
  • body: CSL meeting_id: 3001 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3001*&MEET_DATE=11/03/2010 type: Debate in Council title: 3001 council: Transport, Telecommunications and Energy date: 2010-03-11T00:00:00 type: Council Meeting
  • date: 2010-03-23T00:00:00 body: EP committees: body: EP shadows: group: ALDE name: MEISSNER Gesine group: Verts/ALE name: LICHTENBERGER Eva group: GUE/NGL name: KOHLÍČEK Jaromír responsible: True committee: TRAN date: 2009-10-05T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian type: Vote in committee, 1st reading/single reading
  • date: 2010-03-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-101&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0101/2010 body: EP committees: body: EP shadows: group: ALDE name: MEISSNER Gesine group: Verts/ALE name: LICHTENBERGER Eva group: GUE/NGL name: KOHLÍČEK Jaromír responsible: True committee: TRAN date: 2009-10-05T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2010-05-05T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=18242&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-122 type: Decision by Parliament, 1st reading/single reading title: T7-0122/2010 body: EP type: Results of vote in Parliament
  • date: 2010-05-31T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3017
  • date: 2010-05-31T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2010-06-16T00:00:00 body: CSL type: Final act signed
  • date: 2010-06-16T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2010-06-30T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010L0035 title: Directive 2010/35 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2010:165:TOC title: OJ L 165 30.06.2010, p. 0001
committees
  • body: EP shadows: group: ALDE name: MEISSNER Gesine group: Verts/ALE name: LICHTENBERGER Eva group: GUE/NGL name: KOHLÍČEK Jaromír responsible: True committee: TRAN date: 2009-10-05T00:00:00 committee_full: Transport and Tourism rapporteur: group: S&D name: SIMPSON Brian
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/transport/index_en.htm title: Mobility and Transport commissioner: KALLAS Siim
procedure
dossier_of_the_committee
TRAN/7/01041
reference
2009/0131(COD)
instrument
Directive
legal_basis
Treaty on the Functioning of the EU TFEU 091-p1
stage_reached
Procedure completed
summary
subtype
Legislation
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
Transportable pressure equipment
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject