Decree No. 285 / 2000 Coll.

Government Regulation amending Government Decree No. 175 / 1997 Coll., laying down technical requirements for simple pressure vessels, as amended by Government Decree No. 80 / 1999 Coll.

Valid Regulation Effective from 02.07.2001
285
GOVERNMENT REGULATION
of 3 July 2000
amending Government Regulation No 175 / 1997 Coll., laying down technical requirements for simple pressure vessels, as amended by Government Regulation No 80 / 1999 Coll.
The Government orders pursuant to Section 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., ("the Act ') to implement Sections 11, 12 and 13 of the Act:
Čl. I
Government Regulation No 175 / 1997 Coll., laying down technical requirements for simple pressure vessels, as amended by Government Regulation No 80 / 1999 Coll., is amended as follows:
1. in Article 1, the following paragraph 1 is inserted:
"(1) This Regulation lays down, in accordance with the law of the European Communities (1) and the international Treaty (2), technical requirements for simple pressure vessels.
1) Council Directive 87 / 404 / EEC of 25 June 1987 on the approximation of the laws of the Member States relating to simple pressure vessels, as amended by Council Directives 90 / 488 / EEC and 93 / 68 / EEC.
2) Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products. '.
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
2. Paragraph 1 (2) reads as follows:
"(2) For the purposes of this Regulation, a single pressure vessel (hereinafter referred to as the" container ') shall be considered to be any welded vessel exposed to internal pressure of more than 0,5 bar intended for the collection of air or nitrogen which is not exposed to flame and whose parts and joints having a strength effect are made either from non-alloy stainless steel, from non-alloy aluminium or from unhardened aluminium alloys. It is either made of a cylindrical part of a circular cross-section closed on the outside by arched or flat days coupled with a cylindrical part or of two arched arched days. Its maximum working pressure is not more than 30 bar and the product of this pressure and volume of the container ("PS.V') is not more than 10 000 bar.L and the lowest working temperature is not less than 50 ° C and the maximum working temperature is not more than 300 ° C for steel containers and for aluminium or aluminium alloy containers is not more than 100 ° C. '.
3. in Paragraph 1 (3) (b):
"(b) vessels specially designed for placing on and driving vessels and aircraft;"
5. In Paragraph 2 (2), the symbol "l 'is replaced by the symbol" L' and in the sentence of the second sentence, the words, including footnote 3, are added, and must be marked as indicated in point 1 of Annex No 2, with the exception of the designation CE3) in accordance with Section 9a.
3) Government Decree No 291 / 2000 Coll., laying down the graphic form of the CE marking. '
6. In Article 2 (3), the words "Article 4 (4) of the Act 'are replaced by the words" Article 4a of the Act' and the words "technical regulations' are replaced by the words" foreign technical standards transposing a harmonised European standard in the EU States'.
7. In Article 3 (1), a comma and the words "where the product of PS.V is more than 50 bar.L 'are inserted after the words" manufacture of containers'.
8. in Article 3 (2) (a), the words "technical regulations and harmonised Czech technical standards" shall be replaced by the words "technical standards referred to in Article 2 (3)" and the words "EC" shall be inserted after the words "ensure."
9. in Article 3 (2) (a) (2), the words "Annex No 2 (3)" shall be replaced by the words "point 3 of Annex No 2," the words "shall draw up a certificate which" shall be replaced by "for containers originating in the Czech Republic or the European Community, shall draw up a certificate of adequacy of the documentation and shall draw up a certificate of documentation for other containers." This certificate of adequacy of the dossier or of the documentation certificate 'and the words' (hereinafter referred to as the "dossier certificate ')' are deleted.
10. in Article 3 (2) (b), the words "harmonised Czech technical standards" are replaced by the words "technical standards referred to in Article 2 (3)" and the words "type examination" are replaced by the words "EC type examination."
11. in Article 3 (3) (a), the symbol "l" is replaced by the symbol "L" and the words "Verification of conformity" are replaced by "EC verification."
12. in Article 3 (3) (b), the symbol "l" is replaced by the symbol "L" and the words "Verification of conformity by an authorized person" are replaced by "EC verification by an authorised person."
13. in Article 3 (4), the words "Records and documentation" shall be replaced by the words "Documents and correspondence" and the following words shall be added at the end of the paragraph: "or in the language agreed between the manufacturer or importer and the authorised person."
14. in Article 4 (1), "Type examination" is replaced by "EC type examination."
15. in Article 4 (2), the word "EC" shall be inserted after the word "Pro."
16. in Article 4 (2) (a), the words "manufacturer or importer" shall be inserted after the words "identification data."
17. in Article 4 (2) (b), the word "EC" shall be inserted after the word "Treaty on";
18. in Paragraph 4 (2) (c), "Annex 2 (3)" is replaced by "Annex 3 (2)";
19. in Paragraph 4 (2) (d):
"(d) the container which is a sample of the production under consideration."
20. in Article 4 (3), the words "Authorised person when checking the type of container" are replaced by the words "Authorised person when checking the EC type of container checks not only the design and production documents for verification of conformity but also the container submitted. When examining the vessel, the authorised person: 'and point (a) are deleted.
Points (b) and (c) shall become points (a) and (b).
21. Paragraph 4 (4) to (6) reads:
"(4) If the sample (prototype) of the container complies with the essential requirements, the authorised person shall issue a type certificate for products originating in the Czech Republic or in the Member States of the European Community and for products not originating in the Czech Republic or the European Community. The EC type-examination certificate or a type-examination certificate containing the conclusions of the findings and tests, the conditions of validity and the descriptions and drawings necessary for the identification of the certified type shall be transmitted by the authorised person to the manufacturer or importer.
(5) An authorised person who refuses to issue an EC type-examination certificate shall inform the Technical Standardisation, Metrology and State Testing Office (hereinafter referred to as the Office) and other authorised persons thereof. The authorised person who has revoked the EC type-examination certificate shall inform the Office thereof.
22. in Paragraph 5 (1):
"(1) EC verification is a procedure whereby the manufacturer or importer ensures and declares that the containers which have been tested in accordance with paragraph 3 are in conformity with the type described in the certificate referred to in paragraph 4 (4) or with the design and production documents referred to in point 3 of Annex 2 to this Regulation for which a document referred to in paragraph 3 (2) (a) (2) has been issued. ';
23. in Article 5, the following paragraph 2 is inserted after paragraph 1:
"(2) The manufacturer shall take all necessary measures to ensure that the containers are in conformity with the type described in the certificate referred to in § 4 (4) or in the design and production documentation referred to in point 3 of Annex 2 to this Regulation. ';
Paragraph 2 shall become paragraph 3 and footnote 1 shall be renumbered footnote 4), including the footnote reference.
24. in Article 5 (3) (a):
"(a) the manufacturer shall submit to the authorised person of the container, in the form of individual homogeneous production doses, produced at a certain time interval under the same conditions, the measures in the production process ensuring the homogeneity of the containers in each production dose;"
25. in Article 5 (3) (b), the words "type certificate" shall be replaced by the words "certificate referred to in Article 4 (4)," the words "Annex 2 (3)" shall be replaced by the words "Annex No 2" and the words "before EC verification" shall be inserted after the words "authorised person."
26. in Article 5 (3) (c), including footnote 5, the following shall be added:
"(c) in examining the production levy, the authorised person shall ascertain whether the vessels have been manufactured and checked according to the construction and production documents; Further perform a hydraulic or pneumatic test on each container at a dose of Ph equal to 1,5 times the calculation pressure to verify its leakage; the use of the pneumatic test is subject to the approval of the safety procedures by the national safety authorities under a specific legislation; (5) for checking the quality of welds, tests shall be carried out on samples taken at the choice of the manufacturer from a representative test sample from production or from the container; tests shall be carried out on longitudinal welds, and if the welding methods used for longitudinal and circumferential welds differ, the tests shall also be carried out on circumferential welds; for containers covered by point 2.1.2 of Annex 1 to this Regulation, these tests on samples shall be replaced by a hydraulic test on five containers selected at random from each batch to determine whether they meet the requirements of point 2.1.2 of Annex 1 to this Regulation.
5) Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as amended. '
27. in Article 5 (3) (d):
"(d) if the dose complies with the requirements referred to in (c), the authorised person shall ensure, for containers originating in the Member States of the European Community or in the Czech Republic, the location of the CE marking, (3) for other containers, the location of the Czech conformity mark according to a specific legislation. 4) The authorised person shall place or have his identification number affixed to the CE marking or to the Czech conformity mark on each individual container of the batch and issue a certificate of conformity concerning the tests carried out, which he shall transmit to the manufacturer; the manufacturer may, with the agreement of the authorised person, mark each container of the batch already during the manufacturing process and all containers of the batch other than those which have failed the hydraulic or pneumatic test may be placed on the market; the manufacturer or importer must be able to submit on request certificates of conformity issued by an authorised person; ';
28. in Article 5 (3) (e):
"(e) if the dose is rejected, the authorised person shall inform the manufacturer accordingly in order to prevent the placing on the market of the dose; in case of frequent detection of non-compliant doses, the authorised person may refuse further statistical verification of the doses. ';
29. in Paragraph 6 (1):
"(1) EC declaration of conformity is a procedure whereby a manufacturer, meeting the requirements of paragraph 2, ensures conformity of the containers with the design and production documents referred to in point 3 of Annex 2 to this Regulation on which a document has been issued pursuant to Paragraph 3 (2) (a) (2) or ensures conformity of the containers with the approved type."
30. In Article 6 (2), the following sentence is added before the words "These materials contain": "Before the start of manufacture, the manufacturer shall submit to the authorised person who has issued the certificate referred to in § 4 (4) or the document referred to in § 3 (2) (a) (2), the supporting documents containing a description of the production processes and any pre-established system measures to ensure compliance of pressure vessels with the technical standards referred to in § 2 (3) or with the approved type." and in § 6 (2) (b) the word "shall" be replaced "shall be" shall be. "
31. in Article 6 (2) (a), the words "corresponding to the construction of containers" shall be replaced by the words "used in the manufacture of containers."
32. in Paragraph 6 (2) (c), the word "overpressure" is replaced by "pressure."
33.In Article 6 (2) (d), the comma is replaced by a dot and point (e) is deleted.
34. in Article 6 (3), the words "Authorised person who has issued a type certificate or documentation certificate" shall be replaced by the words "If the containers are not manufactured in accordance with the approved type, the authorised person who has issued the certificate referred to in Article 4 (4) or the document referred to in Article 3 (2) (a) (2)," the words "Annex 2 (3) to Annex 2" shall be replaced by "L";
35. in Article 7 (1), the words "type-examination certificate" shall be replaced by the words "certificate referred to in Article 4 (4)," the words "documentation certificate" shall be replaced by the words "document referred to in Article 3 (2) (a) (2)" and the following sentence shall be added at the end of paragraph 1: "The purpose of supervision referred to in paragraph 2 shall be to ensure that the manufacturer fulfils the obligations laid down in paragraph 3."
36. in Article 7 (2), the words "in the case referred to in Article 6 (4)" shall be inserted after the words "Authorised person."
37. in Article 7 (3), the words "in the case referred to in Article 6 (4)" shall be inserted after the word "Manufacturer."
38. in Paragraph 7 (3) (b), the word "supporting documents" is replaced by "procedures."
39. in Article 7 (3) (c):
"(c) the certificate referred to in Article 4 (4) or the document referred to in Article 3 (2) (a) (2),"
40. in Article 7, paragraphs 4 to 6 read:
"(4) The authorised person shall send a copy of the surveillance report referred to in paragraph 2 to the Authority and to other authorised persons upon request.
(6) The conditions for authorising activities in conformity assessment of vessels (Section 11 of the Act) are set out in Annex 3 to this Regulation. '.
Article 41 (8) reads:
„§ 8
The evidence of the conformity assessment method used (Section 13 (8) of the Act) shall include the instructions for use, the design and production documents referred to in points 2 and 3 of Annex 2 to this Regulation and the documents and findings issued when assessing conformity by an authorised person. In cases resulting from Paragraph 13 (8) of the Act, the importer shall submit to the supervisory authority documentation in the official language of the country in which the product originates or in a language agreed with the supervisory authority. '
42. In Article 9 (1) (e), the words "harmonised Czech technical standards" are replaced by the words "technical standards referred to in Article 2 (3)."
43. In Article 9 (1) (g), the words "harmonised Czech technical standards" are replaced by the words "technical standards referred to in Article 2 (3)."
44. The following Section 9a is inserted after Section 9:
„§ 9a
(1) For containers originating in the Czech Republic or in the Member States of the European Community which comply with the requirements of § 5 or § 6, instead of issuing a declaration of conformity pursuant to § 9, the manufacturer shall place on each product a CE marking certifying that the containers comply with the technical standards referred to in § 2 (3) or with the approved type.
(2) The CE marking and the inscriptions referred to in points 1 and 5 of Annex 2 to this Regulation must be placed on a container or on a production label which cannot be separated from the container and made visibly, legibly and indelibly. The CE marking shall be accompanied by an identification number assigned to the authorised person responsible for EC verification or supervision.
(3) Other permissible markings may be affixed to the container or to the production label provided that the visibility and legibility of the CE marking are not thereby reduced.
(4) Where vessels are subject to other government regulations which relate to other aspects and also provide for the location of the CE marking, the CE marking shall also indicate compliance with the provisions of those other government regulations.
(5) However, if one or more of these Regulations allow a manufacturer or importer to choose which conformity assessment procedure to apply during a transitional period, the CE marking shall only indicate compliance with those regulations of the Government which the manufacturer or importer used. In this case, the accompanying documentation, warnings or instructions for use required by the relevant government regulations and attached to the relevant containers shall include a list of the government regulations used. ';
45. in Annex 1, point 1.1.1. (b), the words "for each individual element" shall be inserted after the words "phosphorus must be";
46. in Annex 1, point 1.1.1. (c), "semi-finished product" is replaced by "product."
47. in Annex 1, point 1.2, "compatible" is replaced by "compatible."
48. In Annex 1, point 1.4, the word "compatible 'is replaced by" compatible'.
49. in Annex 1 (2) (a) (3), the word "excess pressure" is replaced by "pressure."
50. in Annex No 1, point 2 (b) (3), the words "when used for that purpose" shall be inserted after the words "containers."
51. in Annex 1 (2) (c) (2), the word "excess pressure" is replaced by "pressure."
52. in Annex 1, point 2.1.1 (a), the word "excess pressure" is replaced by the word "pressure."
53.In Annex 1, paragraph 2.1.2, the word "overpressure 'is replaced by the word" pressure'.
54. In Annex 1, point 3, the words "Annex 2, point 3 'are replaced by the words" Annex 3, point 2'.
55. In Annex 1, point 3.2, the following sentence is inserted after the second sentence: "Approval and qualification tests shall be carried out by recognised independent organisations. '
56. In Annex 1, point 4, "Annex 2, point 2 'is replaced by" Annex 2, point 2';
57. in Annex No 1, point 5 is deleted;
58. In Annex 2, point 1 (a), the word "excess pressure 'is replaced by the word" pressure'.
59. In Annex No 2, point 1 (f), the words "year of manufacture 'are deleted.
60. In Annex 2, point 1 (g), the words "Type test 'are replaced by the words" Czech conformity mark or CE marking'.
61. in Annex 2, point 2 (a), the word "details" is replaced by the word "data."
62. In Annex 2, point 3, the words "point 3 'are deleted and the words" harmonised Czech technical standards' are replaced by the words "technical standards referred to in Article 2 (3) '.
63.In Annex 2 (3) (b):
"(b) descriptions and explanatory notes of the design and production supporting documents,"
64. in Annex 2, point 3 (c) (ce), the word "operators" shall be replaced by the words "welding operators."
65. In Annex No 2, point 3 (c) (cf), the word "metallurgical" shall be inserted at the beginning and the word "assembly" shall be replaced by the word "connections."
66. In Annex 2, point 4.1, the following sentence is added at the beginning: "Pressure means pressure relative to atmospheric pressure, or overpressure. Consequently, the underpressure is expressed as a negative value. ';
67. in Annex 2, point 4.1 (a), the word "pressure" is replaced by the word "pressure."
68. In Annex 2, point 4.1 (b), the word "excess pressure 'is replaced by the word" pressure' and the word "induced 'is replaced by the word" achieved'.
69. In Annex 2, point 4.1 (c), the words "on the wall 'are replaced by the words" walls'.
70. In Annex 2, point 4.1 (g), "Series' is replaced by" Production levy '.
71. in Annex 2, point 4.2, the words "after break" shall be deleted;
72. In Annex No 2, point 4.2, the term "J / cm2 'is replaced by" J.cm-2', the word "pressure 'is replaced by" pressure', the word "u 'is deleted and the word" Ph' is replaced by "Ph '.
73. The following Annex 3 is added:

"Annex 3 to Government Decree No 175 / 1997 Coll.
AUTORISATION CONDITIONS
The conditions of authorisation under Section 11 (2) of the Act are:
1. The authorised person, its manager and the staff responsible for carrying out the verification tests shall not be the designer, manufacturer, supplier or installer of the certified vessels or the authorised representative of any of these parties. They shall not participate directly or as authorised representatives in the design, manufacture, placing on the market or maintenance of containers. However, this does not preclude the possibility of exchanging technical information between the manufacturer and the authorised person.
2. The Authorised Person and its staff shall carry out verification tests at the highest level of professionalism and technical competence and shall not be subject to any pressure, in particular financial, which may affect their assessment or the results of the checks, in particular from persons or groups of persons with an interest in the results of the verification.
3. The authorised person shall have at his disposal the necessary staff and shall possess the necessary equipment in order to carry out properly the administrative and technical tasks associated with the verification. They shall also have access to the equipment necessary for specific verification.
4. The staff responsible for the inspection shall have:
(a) appropriate technical and professional training;
(b) sufficient knowledge of the requirements concerning the tests they carry out and adequate experience of such tests;
(c) the ability to issue certificates and to draw up protocols and reports showing the tests carried out.
5. The authorised person shall ensure the impartiality of the staff performing the verifications. Their remuneration shall not depend on the number of tests carried out or the results of such tests.
6. Authorised person must take out liability insurance (Section 11 (3) of the Act).
7. Staff of an authorised person shall be bound by confidentiality regarding all information obtained in the performance of tasks under this Regulation. '.
Čl. II
For products not intended to be placed on the market of the European Community, instead of marking the containers referred to in Article 9a, certificates of conformity may be issued in accordance with Article 9 for a period of one year after the entry into force of this Regulation.
Čl. III
This Regulation shall enter into force on the day of the publication of the Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products in the Collection of International Contracts, with the exception of Sections 1a, 4 (6) and 7 (5), which shall enter into force on the date on which the Treaty of Accession of the Czech Republic to the European Union enters into force. Paragraph 4 (5) and Section 7 (4) shall cease to apply.
Prime Minister:
v. JUDr. Rychetský v. r.
Minister for Industry and Trade:
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Regulation Information

CitationDecree No. 285 / 2000 Coll., amending Decree No. 175 / 1997 Coll., laying down technical requirements for simple pressure vessels, as amended by Decree No. 80 / 1999 Coll.
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation29.08.2000
Effective from02.07.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
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