Government Decree No. 42 / 2003 Coll.
Government Regulation laying down technical requirements for transportable pressure equipment
Valid
Effective from 01.05.2003
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42
GOVERNMENT REGULATION
of 29 January 2003
laying down technical requirements for transportable pressure equipment
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. and Act No. 205 / 2002 Coll., ("the Act ') to implement Sections 11 (2), 11a (2) (c), 12 (1) and (3) and 13 of the Act:
Basic provisions
(1) This Regulation lays down, in accordance with European Community law, technical requirements for transportable pressure equipment intended for the carriage of dangerous goods by road and rail ("transportable pressure equipment").
(2) For the purposes of this Regulation, pressure equipment transportable shall be:
(a) bottles, tubular containers, pressure drums, cryogenic containers, bottle bundles; and
(b) tanks which are removable tanks, removable tanks, tank containers, multi-article tank containers, tankers and vehicles with one or more tanks, tanks or containers of battery vehicles;
as defined in Annex A to the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR) and Annex I to the Order on the International Carriage of Dangerous Goods by Rail (3) (RID) and intended for the transport of gases of Class 22), 3) or for the transport of dangerous substances listed in Annex 6 to this Regulation, including their valves and other accessories used for transport.
(3) The specified products under this Regulation are transportable pressure equipment within the meaning of Article 12 (1) (a) of the Act.
(4) This Regulation shall apply to:
(a) conformity assessment of transportable pressure equipment before it is placed on the market;
(b) the subsequent conformity assessment of transportable pressure equipment placed on the market and put into service in accordance with existing regulations and carried out at the request of the owner or holder before its repeated use ("conformity assessment"),
(c) periodic inspections of reused transportable pressure equipment.
(5) This Regulation shall not apply to:
(a) simple pressure vessels according to special legislation, 4)
(b) pressure receptacles for aerosol dispensers according to special legislation, 5)
(c) pressure equipment intended for the operation of motor vehicles under special legislation, 6)
(d) compressed gas cylinders intended for breathing apparatus under special legislation, 7)
(e) carrying out periodic inspections and re-evaluation of the conformity of pressure equipment pursuant to a special legislation (7a);
(f) transportable pressure equipment subject to the general exemption principles applicable to the small quantities referred to in subsections 1.1.3.4 of the ADR and RID.
Conditions for placing transportable pressure equipment on the market and re-assessment of conformity
(1) Transportable pressure equipment placed on the market and put into service shall meet the technical requirements set out in Annex A to ADR Chapter 6.2, 6.7, 6.8 Part 6 and Annex I to RID Chapter 6.2, 6.7 and 6.8 Part 6 and shall be marked as specified in Section 6.
(2) Gas cylinders with a hydraulic internal volume of 0,5 litres to 150 litres shall comply with the technical requirements referred to in paragraph 1 and the provisions of the relevant technical standards applicable to them or the technical requirements referred to in Parts I to III of Annex 8 to this Regulation before being placed on the market.
(3) Valves and other accessories placed on the market which have a direct safety function (for example, safety valves, filling and discharge valves and valves for cylinders) and which are used for transportable pressure equipment must comply with the requirements set out in Annex A to the ADR and Annex I to the RID. If these annexes do not contain detailed technical requirements concerning valves and accessories, these valves and accessories shall comply with the requirements of the specific legislation. 7)
(4) For transportable pressure equipment placed on the market before the entry into force of this Regulation, the notified person shall carry out a reassessment of compliance with the technical requirements referred to in paragraphs 1 and 2 in accordance with the procedures set out in Part II of Annex 4 to this Regulation; for containers manufactured in series, including their valves and other accessories used for transport, a re-assessment of the conformity may be carried out by the person authorised to carry out the activities referred to in Article 7 (2) (hereinafter referred to as the "authorised person '), provided that a re-evaluation of the conformity of the type notified by the person has been carried out. The deadlines for carrying out the re-assessment of the conformity of transportable pressure equipment are set out in Section 8.
Classification of transportable pressure equipment
Transportable pressure equipment shall be classified in categories 1 to 3 of Annex 5 to this Regulation for the purposes of conformity assessment, depending on their degree of hazard.
Conformity assessment procedures
(1) Before placing on the market transportable pressure equipment, the manufacturer or his authorised representative shall carry out conformity assessment with the notified person in accordance with the procedures set out in Part I of Annex 4 and Annex 5 to this Regulation, at his choice, by one of the following procedures:
(a) for category 1, where the product of test pressure and capacity (internal volume in litres) is not more than 30 MPa x litres (300 bar x litres);
1. internal control of production with supervision of final assessment (conformity assessment procedure A1),
2. ensuring the quality of production (conformity assessment procedure D1); or
3. quality assurance of production (conformity assessment procedure E1);
(b) for category 2 where the product of test pressure and capacity (internal volume in litres) is more than 30 MPa x litres (300 bar x litres) but not more than 150 MPa x litres (1,500 bar x litres)
1. comprehensive quality assurance (conformity assessment procedure H),
2. EC type-examination (conformity assessment procedure B) combined with product quality assurance (conformity assessment procedure E),
3. EC type-examination (conformity assessment procedure B) in combination with type-approval (conformity assessment procedure C1),
4.EC design examination (conformity assessment procedure B1) in combination with product verification (conformity assessment procedure F); or
5. EC design examination (conformity assessment procedure B1) combined with product quality assurance (conformity assessment procedure D);
(c) for category 3 where the product of test pressure and capacity (internal volume in litres) is greater than 150 MPa x litres (1,500 bar x litres);
1. EC verification of the whole (conformity assessment procedure G),
2. comprehensive quality assurance with design examination and special supervision of final assessment (conformity assessment procedure H1),
3. EC type-examination (conformity assessment procedure B) combined with product quality assurance (conformity assessment procedure D); or
4. EC type-examination (conformity assessment procedure B) in combination with product verification (conformity assessment procedure F).
(2) Valves and other accessories which have a direct safety function in transportable pressure equipment (for example, safety valves, filling and discharge valves and valves for bottles) shall be subject to a conformity assessment procedure at least to the type of container or tank to which they are attached.
Periodic inspections
(1) A periodic inspection shall be carried out on the re-use of transportable pressure equipment at the request of its owner or holder.
(2) Periodic inspections of vessels, including their valves and other accessories used for transport, shall be carried out by the notified or authorised person in accordance with the procedure set out in Part III of Annex 4 to this Regulation.
(3) Periodic inspections of tanks, including their valves and other accessories used for transport, shall be carried out by the notified person in accordance with the conformity assessment procedure 1 (periodic inspection of products) set out in Part III of Annex 4 to this Regulation. Periodic inspection of tanks may be carried out further
(a) for tanks subject to the requirements of Annex A to the ADR by authorised persons,
(b) in the case of tanks subject to the requirements of Annex I to RID by authorised persons having a certificate of professional competence under a specific legislation, 8)
and which carry out this activity under the supervision of a notified person under the conformity assessment procedure 2 (periodic quality assurance inspections) referred to in Part III of Annex 4 to this Regulation.
(4) Periodic inspections of transportable pressure equipment shall be carried out to the extent and time limits laid down in:
(a) Part 6 of Annex A to the ADR;
(b) Part 6 of Annex I to RID.
Labelling
(1) Transportable pressure equipment complying with the requirements of this Regulation shall bear a mark of conformity, by the manufacturer or his authorised representative, the graphic form of which is given in Annex 7 to this Regulation. The conformity mark shall be affixed visibly to the container or tank at the same time as the identification number of the notified person who carried out the conformity assessment. Other marking of containers or tanks set out in Annex A to the ADR and Annex I to the RID are not affected by this provision.
(2) Valves and other accessories with a direct safety function shall bear either the marking referred to in paragraph 1 or the CE marking in accordance with the requirements of the specific legislation. 7)
(3) The transportable pressure equipment shall bear the mark of conformity referred to in Annex 7 to this Regulation and its identification number, after the conformity assessment has been carried out, by the notified person or authorised person who carried out the conformity assessment; This is without prejudice to the indications set out in Annex A to the ADR and Annex I to the RID.
(4) Where transportable pressure equipment is intended for regular use in areas where the external temperature falls regularly below -20 oC and in such cases more stringent requirements concerning the operating temperature of the material intended for use in transport are required, the indication "-40 oC 'shall be indicated after the identification number of the notified person or authorised person.
(5) After periodic inspections carried out, transportable pressure equipment shall also bear the identification number of the notified or authorised person who carried out the periodic inspection.
(6) For bottles referred to in Article 2 (2) manufactured in accordance with the requirements of existing legislation, if the first periodic inspection is carried out in accordance with this Regulation, the identification number of the notified or authorised person shall be preceded by the mark of conformity as set out in Annex 7 to this Regulation.
Authorisation conditions
(1) In authorising legal persons to assess the conformity of transportable pressure equipment, the conditions set out in Annex 1 and Annex 2 to this Regulation shall apply.
(2) The conditions set out in Annex 1 and Annex 3 to this Regulation shall apply when authorising legal persons to carry out periodic inspections of vessels and tanks and to re-assess the conformity of vessels.
(3) The authorised person becomes a notified person in accordance with the procedure laid down in Article 11 (7) of the Act.
Transitional and final provisions
(1) Until 1 July 2007, containers may be placed on the market, with the exception of bottles referred to in Article 2 (2), and tanks which meet the requirements for their characteristics laid down in existing legislation.
(2) The certificates of approval of the model for bottles referred to in Article 2 (2) issued pursuant to Government Regulation No 210 / 2001 Coll., laying down technical requirements for pressure vessels for the transport of gases and in accordance with the relevant legislation of the European Community (EEC pattern approval) are recognised as equivalent to the EC type-examination certificate under this Regulation; for those bottles, the first periodic inspection carried out pursuant to this Regulation shall be deemed to be a conformity assessment.
(3) For products placed on the market before the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union, they shall:
(a) authorised persons (Article 11a of the Act) the function and tasks of the notified persons under this Regulation;
(b) Importer [§ 2 (d) of the Act] the function and tasks of the authorised representative under this Regulation.
(4) For products placed on the market before the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union, instead of marking the product with a mark of conformity pursuant to this Regulation, the manufacturer or importer shall issue a certificate of conformity, which shall contain the particulars specified in the specific legislation. 9)
1. Government Decree No. 210 / 2001 Coll., laying down technical requirements for gas pressure vessels, is hereby repealed.
2. In Government Decree No 352 / 2000 Coll., amending certain Ministerial and other administrative decrees, Part 10 is deleted.
Efficacy
This Regulation shall enter into force on the first day of the third month following its publication.
Prime Minister:
PhDr. Špidla v. r.
Minister for Industry and Trade:
Ing. Rusnok v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 42 / 2003 Coll.
GENERAL CONDITIONS FOR THE AUTORISATION OF LEGAL PERSONS
1. A legal person engaged in activities other than conformity assessment activities shall have a separate organisational unit for conformity assessment activities.
2. Authorised persons or authorised persons and their staff may not participate in any activities which could jeopardise their independence in decision-making and objectivity in their conformity assessment activities. In particular, the staff of the notified persons and beneficiaries shall not be subject to any pressure of a commercial, financial or other nature which may affect their decision-making. This is mainly a potential pressure from persons or organisations outside authorised persons and beneficiaries interested in the results of the checks carried out. The impartiality of staff of notified persons and beneficiaries in conformity assessment activities shall be guaranteed.
3. Authorised persons or authorised persons shall have the necessary staff and the necessary background to carry out the technical and administrative tasks related to conformity assessment activities properly. They shall also have access to the equipment necessary for carrying out specific verifications.
4. Staff of authorised persons and beneficiaries responsible for conformity assessment shall have adequate qualifications, thorough technical and professional training, satisfactory knowledge of the requirements of the checks carried out and adequate experience of this type of activity. In order to guarantee a high level of safety, authorised persons and authorised persons shall have competence in the field of transportable pressure equipment. Staff members shall be able, on the basis of the results of the tests, to give professional expression and to process evidence of conformity of the equipment with the requirements laid down. In addition, they shall be able to process relevant documents issued on the basis of the activities carried out.
5. Staff members shall be sufficiently familiar with the technologies used in the production of the transportable pressure equipment and its accessories assessed, with the manner of simultaneous and intended use of the equipment under consideration, as well as with the defects that may occur on the equipment during use or operation.
6. Authorised persons or authorised persons and their staff shall proceed with the highest degree of professional integrity and technical knowledge when identifying and verifying them. Authorised persons or authorised persons shall guarantee the confidentiality of information obtained during conformity assessment.
7. The remuneration of persons involved in conformity assessment shall not depend directly on the number of assessments carried out or the results of such activities.
8. Authorised persons or authorised persons must have an insurance of liability for damages provided for in Article 11 (3) of the Act.
9. In normal circumstances, the authorised person or the authorised person shall carry out all the conformity assessment procedures to which he or she is contractually committed. Where the authorised person or the authorised person entrusts part of the conformity assessment to a subcontractor, it shall ensure and at the same time be able to demonstrate at any time the subcontractor's competence to carry out the activity, the work carried out by that subcontractor being fully responsible.
Příloha č. 2
Annex No. 2 to Government Decree No. 42 / 2003 Coll.
OTHER CONDITIONS FOR AUTORISATION OF LEGAL PERSONS FOR ACTIVITIES REFERRED TO IN ARTICLE 7 (1)
1. The authorised person shall be independent of the parties involved, alone or any of its staff responsible for carrying out conformity assessment shall not be the designer, manufacturer, supplier, buyer, owner, holder, user or service person of controlled transportable pressure equipment, including accessories, or a representative of any of the listed parties. They shall not directly participate in the design, manufacture, sale or maintenance of such transportable pressure equipment, including accessories, or represent the parties involved in the listed activities. However, this provision does not preclude the possibility of exchanging technical information between the manufacturer of transportable pressure equipment and the notified person.
2. The services of an authorised person related to conformity assessment shall be accessible to all parties under the same conditions.
Příloha č. 3
Annex No. 3 to Government Decree No. 42 / 2003 Coll.
OTHER CONDITIONS FOR AUTORISATION OF LEGAL PERSONS FOR ACTIVITIES REFERRED TO IN ARTICLE 7 (2)
1. The authorised person shall form a separate organisational unit within the legal entity involved in the design, manufacture, supply, use or maintenance of controlled products.
2. The authorised person shall not participate directly in the design, manufacture, supply or use of controlled transportable pressure equipment or other competing products.
3. The responsibility of staff carrying out and carrying out conformity assessment activities must be clearly separated from the activities and responsibilities of staff in other working groups, both by organisational arrangements and by separate reporting of the activity of the authorised person within the legal entity or its parent company.
Příloha č. 4
Annex No. 4 to Government Decree No. 42 / 2003 Coll.
CONFORMITY ASSESSMENT PROCEDURES
INTERNAL CONTROL OF PRODUCTION
(Conformity assessment procedure A)
1. This conformity assessment procedure shall describe the procedure whereby the manufacturer or his authorised representative fulfilling the obligations referred to in point 2 ensures and declares that transportable pressure equipment complies with the requirements of this Regulation. The manufacturer or the authorised representative shall mark all transportable pressure equipment with the manufacturer's mark and draw up a written declaration of conformity.
2. The manufacturer shall draw up the technical documentation described in point 3 and either the manufacturer or his authorised representative shall have it available for inspection by the competent supervisory authorities for a period of 10 years from the manufacture of the last transportable pressure equipment. Where a manufacturer is not established in a Member State of the European Union or there is no authorised representative, the obligation to keep such technical documentation shall be subject to the person who places transportable pressure equipment on the market.
3. The technical documentation shall make it possible to assess the conformity of transportable pressure equipment with the requirements of the relevant Regulation. It shall contain, to the extent sufficient for such assessment, a description of the design, manufacture and operation of transportable pressure equipment, in particular:
- a general description of the transportable pressure equipment;
- design design, manufacturing drawings and diagrams of components, structural sub-groups, circuits;
- descriptions and explanations necessary to understand the above drawings, diagrams and operation of transportable pressure equipment;
- a description of the solutions implemented to meet the requirements of this Regulation;
- the results of the design calculations carried out;
- test reports.
4. The manufacturer or his authorised representative shall keep a copy of the declaration of conformity to the technical documentation.
Where the manufacturer is not established in a Member State of the European Union or there is no authorised representative, the obligation to keep such technical documentation and a copy of the certificate of conformity shall be subject to the person who places the transportable pressure equipment on the market.
5. The manufacturer shall take all measures necessary to ensure that the production process ensures compliance of manufactured transportable pressure equipment with the technical documentation referred to in point 2 and with the requirements of the relevant Regulation.
INTERNAL CONTROL OF PRODUCTION WITH REGARD TO THE FINAL ASSESSMENT
(Conformity assessment procedure A1)
In addition to the requirements contained in the "A 'conformity assessment procedure, the following shall apply:
The output check shall be carried out by the manufacturer in the form of random checks carried out by the notified person chosen by the manufacturer.
During such inspection, the notified person shall:
- verify that the manufacturer has actually carried out all the prescribed tests during and after manufacture;
- take samples of transportable pressure equipment in production or storage premises for testing. The notified person shall determine the number of sampling devices and whether or not all or part of the exit check is on these samples.
Where one or more elements of the transportable pressure equipment do not comply, the notified person shall take appropriate measures.
The manufacturer shall, under the responsibility of the notified person, affix to each element of the transportable pressure equipment an identification number of the notified person.
EC TYPE REVIEW
(Conformity assessment procedure B)
1. This conformity assessment procedure describes the part of the procedure in which the notified person ascertains and confirms that a representative sample of the planned production complies with the provisions of this Regulation.
2. The application for EC type-examination of the manufacturer or his authorised representative shall be submitted to a single notified person of his choice.
The application shall include:
- identification of the manufacturer and, where appropriate, of the authorised representative (for a natural person, the name and surname and place of residence or place of business, the name or business name and registered office of the legal person),
- a written declaration that the same application has not been lodged with another notified person,
- the technical documentation as defined in point 3.
The applicant shall provide the notified person with a representative sample of the planned production, hereinafter referred to as "type '. If the test programme so requires, the notified person may request further samples.
One type may represent several versions of transportable pressure equipment, provided that the differences between versions do not affect the level of safety.
3. The technical documentation shall make it possible to assess the conformity of transportable pressure equipment with the requirements of this Regulation. It shall contain, to the extent sufficient for such assessment, a description of the design, manufacture and operation of transportable pressure equipment, in particular:
- a general description of the type,
- design and production drawings, diagram of components, subgroups, circuits,
- descriptions and explanations necessary to understand the above drawings, diagrams and operation of transportable pressure equipment,
- a description of the solutions implemented to meet the requirements of the Regulation,
- the results of the strength calculations carried out,
- test report,
- information on tests prepared in production,
- data relating to the eligibility or approval of staff carrying out unbreakable connections and non-destructive tests.
4. Noticed person:
4.1. It shall examine the technical documentation, verify that the type has been manufactured in conformity with it and identify the components designed in accordance with the relevant provisions of the Regulation.
The person nominated shall in particular:
- assess the technical documentation in terms of design and production processes,
- assess the materials used if they do not comply with the prescribed technical standards or European approval for materials;
- approve or verify prior approval procedures for unbreakable connections of components of pressure equipment,
- verify that the personnel performing non-removable connections to the transportable pressure equipment and non-destructive tests are qualified and approved,
4.2 carry out appropriate examinations and tests to determine whether the solutions applied by the manufacturer comply with the requirements of this Regulation;
4.3 carry out appropriate examinations and tests to determine whether the relevant provisions of this Regulation have been complied with;
4.4 It shall agree with the applicant on the location at which these inspections and the necessary tests shall be carried out.
5. Where a type complies with the relevant provisions of this Regulation, the notified person shall issue the applicant with an EC type-examination certificate. This certificate, which shall be valid for 10 years with the possibility of renewal, shall contain the identification details of the manufacturer and, where applicable, the authorised representative (for a natural person, the name and address or place of business, the name or business name of the legal entity and its registered office), the conclusions of the assessment and the data necessary for the identification of the approved type.
The certificate shall be accompanied by a list of the relevant parts of the technical documentation and shall be kept by the notified person.
If the notified person refuses to issue an EC-type examination certificate to the manufacturer or his authorised representative, he shall state the reasons for his refusal. In such cases, the applicant shall be given the right to appeal.
6. The applicant shall inform the notified person with which the technical documentation relating to the EC-type examination certificate is stored of the intended changes to all versions of the approved type of transportable pressure equipment; where such changes may affect compliance with the requirements of the Regulation or the prescribed conditions for the operation of the equipment, they shall be subject to further approval. This additional approval shall take the form of an addendum to the original EC-type examination certificate.
7. Each notified person shall provide the other notified persons with relevant information concerning the EC type-examination certificates withdrawn or refused.
8. Other notified persons may receive copies of EC type-examination certificates or additions thereto. Supplements to certificates shall be made available to other notified persons.
9. The manufacturer or his authorised representative shall keep together with the technical documentation copies of the EC type-examination certificates and their additions for 10 years after the last transportable pressure equipment has been manufactured.
Where a manufacturer is not established in a Member State of the European Union or there is no authorised representative, the obligation to keep such technical documentation shall be subject to the person who places transportable pressure equipment on the market.
EC REVIEW OF THE PROPOSAL
(Conformity assessment procedure B1)
1. This conformity assessment procedure describes the part of the procedure in which the notified person ascertains and confirms that the design of the transportable pressure equipment complies with the provisions of this Regulation.
2. The application for EC design examination shall be submitted by the manufacturer or his authorised representative to a single notified person.
The application shall include:
- identification of the manufacturer and, where appropriate, of the authorised representative (for a natural person, the name and surname and place of residence or place of business, the name or business name and registered office of the legal person),
- a written declaration that the same application has not been lodged with another notified person,
- the technical documentation as defined in point 3.
An application for EC design examination may contain several versions of transportable pressure equipment, provided that the differences between versions do not affect the level of safety.
3. The technical documentation shall make it possible to assess the conformity of transportable pressure equipment with the requirements of the relevant Regulation. For this assessment it shall contain a sufficient description of the design, manufacture and operation of transportable pressure equipment, in particular:
- a general description of the establishment concerned,
- design and production drawings, diagram of components, subgroups, circuits,
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Regulation Information
| Citation | Government Decree No. 42 / 2003 Coll., laying down technical requirements for transportable pressure equipment |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.02.2003 |
|---|---|
| Effective from | 01.05.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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