title: Directive 2009/105/EC of the European Parliament and of the Council of 16 September 2009 relating to simple pressure vessels (Text with EEA relevance)

text:
               8.10.2009

               EN

               Official Journal of the European Union

               L 264/12

      DIRECTIVE 2009/105/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 September 2009
   relating to simple pressure vessels
   (codified version)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Council Directive 87/404/EEC of 25 June 1987 on the harmonization of the laws of the Member States relating to simple pressure vessels (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               Member States have the responsibility of ensuring the safety on their territory of persons, domestic animals and property with regard to the hazards resulting from the leakage or bursting of simple pressure vessels.

               (3)

               In each Member State, mandatory provisions define in particular the safety level required of simple pressure vessels by specifying design and operating characteristics, conditions of installation and use and inspection procedures before and after the placing on the market. These mandatory provisions do not necessarily lead to different safety levels from one Member State to another but do, by their disparity, hinder trade within the Community.

               (4)

               This Directive should therefore contain only mandatory and essential requirements. To facilitate proof of conformity with the essential requirements, it is necessary to have harmonised standards at Community level, in particular as to the design, operation and installation of simple pressure vessels, so that products complying with them may be assumed to conform to the safety requirements. These standards harmonised at Community level are drawn up by private bodies and should remain non-mandatory texts. For that purpose, the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Standards Institute (ETSI) are recognised as the competent bodies for the adoption of harmonised standards in accordance with the general guidelines (5) for cooperation between the Commission, the European Free Trade Association (EFTA) and those three bodies signed on 28 March 2003.

               (5)

               The Council has already adopted a series of Directives designed to remove technical barriers to trade in accordance with the principles established in its Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (6); each of those Directives provides for the affixing of the ‘CE’ marking. The Commission, in its Communication of 15 June 1989 on a global approach to certification and testing (7), proposed that common rules be drawn up concerning a ‘CE’ marking with a single design. The Council, in its Resolution of 21 December 1989 on a global approach to conformity assessment (8), approved as a guiding principle the adoption of a consistent approach such as this with regard to the use of the ‘CE’ marking. The two basic elements of the new approach which should be applied are the essential requirements and the conformity assessment procedures.

               (6)

               A check on compliance with the relevant technical requirements is necessary in order to provide effective protection for users and third parties. The existing inspection procedures differ from one Member State to another. In order to avoid multiple inspections, which are in effect barriers to the free movement of vessels, arrangements should be made for the mutual recognition of inspection procedures by the Member States. In order to facilitate the mutual recognition of inspection procedures, Community procedures should be established as well as the criteria for appointing the bodies responsible for carrying out tests, surveillance and verification.

               (7)

               The presence on a simple pressure vessel of the ‘CE’ marking should raise a presumption that it satisfies the provisions of this Directive and should therefore make it unnecessary, upon the importation and putting into service of the vessel, to repeat the inspections already carried out. Nevertheless simple pressure vessels might represent a safety hazard. Provision should therefore be made for a procedure to reduce this hazard.

               (8)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex IV, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   CHAPTER I

      SCOPE, DEFINITIONS, PLACING ON THE MARKET AND FREE MOVEMENT

   Article 1
   1.   This Directive applies to simple pressure vessels manufactured in series.
   2.   The following vessels shall be excluded from the scope of this Directive:

               (a)

               vessels specifically designed for nuclear use, failure of which may cause an emission of radioactivity;

               (b)

               vessels specifically intended for installation in or the propulsion of ships and aircraft;

               (c)

               fire extinguishers.

         3.   For the purposes of this Directive the following definitions shall apply:

               (a)

               ‘simple pressure vessel’ or ‘vessel’ means any welded vessel subjected to an internal gauge pressure greater than 0,5 bar which is intended to contain air or nitrogen and which is not intended to be fired.
               The parts and assemblies contributing to the strength of the vessel under pressure shall be made either of non-alloy quality steel or of non-alloy aluminium or non-age hardening aluminium alloys.
               The vessel shall be made of either:

                           (i)

                           a cylindrical part of circular cross-section closed by inwardly dished and/or flat ends which revolve around the same axis as the cylindrical part; or

                           (ii)

                           two dished ends revolving around the same axis.

                     The maximum working pressure of the vessel shall not exceed 30 bar and the product of that pressure and the capacity of the vessel (PS x V) shall not exceed 10 000 bar.l.
               The minimum working temperature must be no lower than – 50 °C and the maximum working temperature must not be higher than 300 °C for steel and 100 °C for aluminium or aluminium alloy vessels;

               (b)

               a ‘harmonised standard’ means a technical specification (European standard or harmonisation document) adopted by the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) or the European Telecommunications Standards Institute (ETSI) or by two or three of those bodies upon a remit from the Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (9) and the general guidelines for cooperation between the Commission, the European Free Trade Association (EFTA) and those three bodies signed on 28 March 2003.

         Article 2
   1.   Member States shall take all necessary steps to ensure that the vessels may be placed on the market and put into service only if they do not compromise the safety of persons, domestic animals or property when properly installed and maintained and used for the purposes for which they are intended.
   2.   The provisions of this Directive shall not affect the right of Member States to specify — with due observance of the Treaty — the requirements they deem necessary in order to ensure that workers are protected when using vessels, provided it does not mean that those vessels are modified in a way unspecified in this Directive.
   Article 3
   1.   Vessels in respect of which the product of PS x V exceeds 50 bar.l must satisfy the essential safety requirements set out in Annex I.
   2.   Vessels in respect of which the product of PS x V is 50 bar.l or less must be manufactured in accordance with sound engineering practice in one of the Member States and bear markings as laid down in point 1 of Annex II, with the exception of the ‘CE’ marking referred to in Article 16.
   Article 4
   Member States shall not impede the placing on the market and the putting into service in their territory of vessels which satisfy the requirements of this Directive.
   Article 5
   1.   Member States shall presume that vessels bearing the ‘CE’ marking comply with all the provisions of this Directive.
   Conformity of vessels with the national standards which transpose the harmonised standards, the reference numbers of which have been published in the Official Journal of the European Union, shall result in a presumption of conformity to the essential safety requirements set out in Annex I.
   Member States shall publish the reference numbers of such national standards.
   2.   Member States shall presume that vessels for which the standards referred to in the second subparagraph of paragraph 1 do not exist or in respect of which the manufacturer has not applied or has only partially applied such standards, comply with the essential safety requirements set out in Annex I, where, after receipt of an EC type-examination certificate, their conformity with the approved model has been certified by the affixation of the ‘CE’ marking.
   3.   Where vessels are subject to other Directives covering other aspects and which also provide for the affixing of the ‘CE’ marking, the latter shall indicate that the vessels in question are also presumed to conform to the provisions of those other Directives.
   However, where one or more of those Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the ‘CE’ marking shall indicate conformity only to the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Union, shall be given in the documents, notices or instructions required by the Directives and accompanying such vessels.
   Article 6
   Where a Member State or the Commission considers that the harmonised standards referred to in Article 5(1) do not entirely meet the essential safety requirements set out in Annex I, the Commission or the Member State concerned shall bring the matter before the standing committee set up under Article 5 of Directive 98/34/EC, hereinafter referred to as ‘the committee’, giving the reasons therefor.
   The committee shall deliver an opinion without delay.
   In the light of the committee’s opinion, the Commission shall inform the Member States whether or not it is necessary to withdraw those standards from the publications referred to in Article 5(1).
   Article 7
   1.   Where a Member State finds that vessels bearing the ‘CE’ marking and used in accordance with their intended purpose might compromise the safety of persons, domestic animals or property, it shall take all appropriate measures to withdraw those products from the market or to prohibit or restrict their being placed on the market.
   The Member State concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision, and in particular whether non-conformity is due to:

               (a)

               failure to meet the essential safety requirements set out in Annex I, where the vessel does not meet the harmonised standards referred to in Article 5(1);

               (b)

               incorrect application of the harmonised standards referred to in Article 5(1);

               (c)

               shortcomings in the harmonised standards referred to in Article 5(1).

         2.   The Commission shall enter into consultation with the parties concerned as soon as possible. Where, after such consultation, the Commission finds that any measure as referred to in paragraph 1 is justified, it shall immediately so inform the Member State that took the action and the other Member States.
   Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, the Commission, after consulting the parties concerned, shall bring the matter before the committee within two months if the Member State which has taken the measures intends to maintain them and shall set in motion the procedure referred to in Article 6.
   3.   Where a vessel which does not comply bears the ‘CE’ marking, the competent Member State shall take appropriate action against whomsoever has affixed the marking and shall inform the Commission and the other Member States thereof.
   4.   The Commission shall ensure that the Member States are kept informed of the progress and outcome of the procedure referred to in paragraphs 1, 2 and 3.
   CHAPTER II

      CERTIFICATION

      SECTION 1

         Certification procedures

   Article 8
   1.   Prior to production of pressure vessels of which the product of PS x V exceeds 50 bar.l, manufactured in accordance with the harmonised standards referred to in Article 5(1), the manufacturer, or his authorised representative established within the Community, shall at his own choice either:

               (a)

               inform an approved inspection body as referred to in Article 9, which, after examining the design and manufacturing schedule referred to in point 3 of Annex II, shall draw up a certificate of adequacy attesting that the schedule is satisfactory; or

               (b)

               submit a prototype vessel for the EC type-examination referred to in Article 10.

         2.   Prior to production of pressure vessels of which the product of PS x V exceeds 50 bar.l, not manufactured, or manufactured only partly, in accordance with the harmonised standards referred to in Article 5(1), the manufacturer, or his authorised representative established within the Community, shall submit a prototype vessel for the EC type-examination referred to in Article 10.
   3.   Vessels manufactured in accordance with the harmonised standards referred to in Article 5(1) or with the approved prototype shall, prior to their being placed on the market, be subject:

               (a)

               to the EC verification referred to in Article 11 where the product of PS x V exceeds 3 000 bar.l;

               (b)

               at the choice of the manufacturer, where the product of PS x V does not exceed 3 000 bar.l but exceeds 50 bar.l, either:

                           (i)

                           to the EC declaration of conformity referred to in Article 12; or

                           (ii)

                           to the EC verification referred to in Article 11.

         4.   The records and correspondence relating to the certification procedures referred to in paragraphs 1, 2 and 3 shall be drafted in an official language of the Member State in which the approved inspection body is established or in a language accepted by that body.
   Article 9
   1.   Member States shall notify the Commission and the other Member States of the approved inspection bodies which they have appointed to carry out the procedures referred to in Article 8(1), (2) and (3) together with the specific tasks which those bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission.
   The Commission shall publish in the Official Journal of the European Union a list of the notified bodies with their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.
   2.   For the purposes of approval of the bodies referred to in paragraph 1, Member States shall meet the minimum criteria set out in Annex III.
   3.   A Member State which has approved an inspection body shall withdraw approval if it finds that the body no longer meets the minimum criteria set out in Annex III.
   It shall immediately inform the Commission and the other Member States accordingly.

      SECTION 2

         EC type-examination

   Article 10
   1.   EC type-examination is the procedure whereby an approved inspection body ascertains and certifies that a prototype vessel satisfies the provisions of this Directive which apply to it.
   2.   The application for EC type-examination shall be lodged by the manufacturer or by his authorised representative with a single approved inspection body in respect of a prototype vessel or of a prototype representing a family of vessels. That authorised representative must be established in the Community.
   The application shall include:

               (a)

               the name and address of the manufacturer or of his authorised representative and the place of manufacture of the vessels;

               (b)

               the design and manufacturing schedule referred to in point 3 of Annex II.

         It shall be accompanied by a vessel which is representative of the production envisaged.
   3.   The approved inspection body shall carry out the EC type-examination in the manner referred to in the second and third subparagraphs.
   It shall examine not only the design and manufacturing schedule in order to check its conformity, but also the vessel submitted.
   When examining the vessel, the body shall:

               (a)

               verify that the vessel has been manufactured in conformity with the design and manufacturing schedule and may safely be used under its intended working conditions;

               (b)

               perform appropriate examinations and tests to check that the vessel complies with the essential requirements applicable to it.

         4.   If the prototype complies with the provisions applicable to it the approved inspection body shall draw up an EC type-examination certificate which shall be forwarded to the applicant. That certificate shall state the conclusions of the examination, indicate any conditions to which its issue may be subject and be accompanied by the descriptions and drawings necessary for identification of the approved prototype.
   The Commission, the other approved inspection bodies and the other Member States may obtain a copy of the certificate and, on a reasoned request, a copy of the design and manufacturing schedule and the reports on the examinations and tests carried out.
   5.   An approved inspection body which refuses to issue an EC type-examination certificate shall so inform the other approved inspection bodies.
   An approved inspection body which withdraws an EC type-examination certificate shall so inform the Member State which approved it. The latter shall inform the other Member States and the Commission thereof, giving the reasons for the decision.

      SECTION 3

         EC verification

   Article 11
   1.   EC verification is the procedure whereby a manufacturer or his authorised representative established within the Community ensures and declares that the vessels which have been checked in accordance with paragraph 3 are in conformity with the type described in the EC type-examination certificate or with the design and manufacturing schedule referred to in point 3 of Annex II having received a certificate of adequacy.
   2.   The manufacturer shall take all necessary measures for the manufacturing process to ensure that the vessels conform to the type described in the EC type-examination certificate or to the design and manufacturing schedule referred to in point 3 of Annex II. The manufacturer or his authorised representative established within the Community shall affix the ‘CE’ marking to each vessel and draw up a declaration of conformity.
   3.   The approved inspection body shall carry out the appropriate examinations and tests in order to check the conformity of the vessels with the requirements of this Directive by examination and testing of vessels in accordance with the second to tenth subparagraphs.
   The manufacturer shall present his vessels in the form of uniform batches and shall take all necessary measures in order that the manufacturing process ensures the uniformity of each batch produced.
   Those batches shall be accompanied by the EC type-examination certificate referred to in Article 10 or, where the vessels are not manufactured in accordance with an approved prototype, by the design and manufacturing schedule referred to in point 3 of Annex II. In the latter case the approved inspection body shall, prior to EC verification, examine the schedule in order to certify its conformity.
   When a batch is examined, the approved inspection body shall ensure that the vessels have been manufactured and checked in accordance with the design and manufacturing schedule, and shall perform a hydrostatic test or a pneumatic test of equivalent effect on each vessel in the batch at a pressure Ph equal to 1,5 times the vessel’s design pressure in order to check its soundness. The pneumatic test shall be subject to acceptance of the test safety procedures by the Member State in which the test is performed.
   Moreover, the approved inspection body shall carry out tests on test-pieces taken from a representative production test-piece or from a vessel, as the manufacturer chooses, in order to examine the weld quality. The tests shall be carried out on longitudinal welds. However, where differing weld techniques are used for longitudinal and circular welds, the tests shall be repeated on the circular welds.
   For the vessels referred to in point 2.1.2 of Annex I, these tests on test-pieces shall be replaced by a hydrostatic test on five vessels taken at random from each batch in order to check that they conform to the essential safety requirements set out in point 2.1.2 of Annex I.
   In the case of accepted batches, the approved inspection body shall affix its identification number, or cause that number to be affixed, to each vessel and shall draw up a written certificate of conformity relating to the tests carried out. All vessels in the batch may be placed on the market except for those which have not successfully undergone a hydrostatic test or a pneumatic test.
   If a batch is rejected, the approved inspection body shall take appropriate measures to prevent the placing on the market of that batch. In the event of frequent rejection of batches, the approved inspection body may suspend the statistical verification.
   The manufacturer may, under the responsibility of the approved inspection body, affix the latter’s identification number during the manufacturing process.
   The manufacturer or his authorised representative must be able to supply on request the approved inspection body’s certificates of conformity referred to in the seventh subparagraph.

      SECTION 4

         EC declaration of conformity

   Article 12
   1.   A manufacturer fulfilling the obligations arising under Article 13 shall affix the ‘CE’ marking provided for in Article 16 to vessels which he declares to be in conformity with:

               (a)

               the design and manufacturing schedule referred to in point 3 of Annex II in respect of which a certificate of adequacy has been drawn up; or

               (b)

               an approved prototype.

         2.   By the EC declaration of conformity procedure the manufacturer becomes subject to EC surveillance, in cases where the product of PS x V exceeds 200 bar.l.
   The purpose of EC surveillance is to ensure, as required by the second paragraph of Article 14, that the manufacturer duly fulfils the obligations arising under Article 13(2). Surveillance shall be performed by the approved inspection body which issued the EC type-examination certificate referred to in the first subparagraph of Article 10(4) where the vessels have been manufactured in accordance with an approved prototype or, if this is not the case, by the approved body to which the design and manufacturing schedule was sent in accordance with Article 8(1)(a).
   Article 13
   1.   Where a manufacturer makes use of the procedure referred to in Article 12, he shall, before commencing manufacture, send the approved inspection body which issued the EC type-examination certificate or the certificate of adequacy a document describing the manufacturing processes and all of the predetermined systematic measures taken to ensure conformity of the pressure vessels to the standards referred to in Article 5(1) or the approved prototype.
   2.   The document referred to in paragraph 1 shall include:

               (a)

               a description of the means of manufacture and checking appropriate to the construction of the vessels;

               (b)

               an inspection document describing the appropriate examinations and tests to be carried out during manufacture, together with the procedures in respect thereof and the frequency with which they are to be performed;

               (c)

               an undertaking to carry out the examinations and tests in accordance with the inspection document referred to in point (b) and to have a hydrostatic test or, subject to the agreement of the Member State, a pneumatic test carried out on each vessel manufactured at a test pressure equal to 1,5 times the design pressure;
               those examinations and tests shall be carried out under the responsibility of qualified staff who are sufficiently independent from production personnel, and shall be the subject of a report;

               (d)

               the addresses of the places of manufacture and storage and the date on which manufacture is to commence.

         3.   When the product of PS x V exceeds 200 bar.l, manufacturers shall authorise access to the said places of manufacture and storage by the body responsible for EC surveillance, for inspection purposes, and shall allow that body to select sample vessels and shall provide it with all necessary information, and in particular:

               (a)

               the design and manufacturing schedule;

               (b)

               the inspection report;

               (c)

               the EC type-examination certificate or certificate of adequacy, where appropriate;

               (d)

               a report on the examinations and tests carried out.

         Article 14
   The approved inspection body which issued the EC type-examination certificate or certificate of adequacy shall, before the date on which any manufacture begins, examine both the document referred to in Article 13(1) and the design and manufacturing schedule referred to in point 3 of Annex II, in order to certify its conformity, where vessels are not manufactured in accordance with an approved prototype.
   In addition, where the product of PS x V exceeds 200 bar.l, that body shall during manufacture:

               (a)

               ensure that the manufacturer actually checks series-produced vessels in accordance with Article 13(2)(c);

               (b)

               take random samples at the places of manufacture or at the place of storage of vessels for inspection purposes.

         The approved inspection body shall supply the Member State which approved it and, on request, the other approved inspection bodies, the other Member States and the Commission, with a copy of the inspection report.
   CHAPTER III

      ‘CE’ MARKING AND INSCRIPTIONS

   Article 15
   Without prejudice to Article 7:

               (a)

               where a Member State establishes that the ‘CE’ marking has been affixed unduly, the manufacturer or his authorised representative established within the Community shall be obliged to make the product conform with the provisions concerning the ‘CE’ marking and to end the infringement under the conditions imposed by that Member State;

               (b)

               where the non-conformity continues, the Member State must take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedure laid down in Article 7.

         Article 16
   1.   The ‘CE’ marking and the inscriptions provided for in point 1 of Annex II, shall be affixed in a visible, legible and indelible form to the vessel or to a data plate attached to the vessel in such a way that it cannot be removed.
   The ‘CE’ marking shall consist of the initials ‘CE’ in the form shown in the specimen in point 1.1 of Annex II. The ‘CE’ marking shall be followed by the identification number referred to in Article 9(1) of the approved inspection body responsible for ‘CE’ verifications or ‘CE’ surveillance.
   2.   The affixing on the vessels of markings which are likely to deceive third parties as to the meaning and form of the ‘CE’ marking shall be prohibited. Any other marking may be affixed to the vessels or the data plate provided that the visibility and legibility of the ‘CE’ marking are not thereby reduced.
   CHAPTER IV

      FINAL PROVISIONS

   Article 17
   Any decision taken pursuant to this Directive which results in restrictions on the placing on the market or the putting into service of a vessel shall state the exact grounds on which it is based. Such a decision shall be notified without delay to the party concerned, who shall at the same time be informed of the judicial remedies available to him under the laws in force in the Member State in question and of the time limits to which such remedies are subject.
   Article 18
   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 19
   Directive 87/404/EEC, as amended by the Directives listed in Annex IV, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex IV, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.
   Article 20
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 21
   This Directive is addressed to the Member States.

      Done at Strasbourg, 16 September 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  OJ C 27, 3.2.2009, p. 41.

      (2)  Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Council Decision of 13 July 2009.

      (3)  OJ L 220, 8.8.1987, p. 48.

      (4)  See Annex IV, Part A.

      (5)  OJ C 91, 16.4.2003, p. 7.

      (6)  OJ C 136, 4.6.1985, p. 1.

      (7)  OJ C 267, 19.10.1989, p. 3.

      (8)  OJ C 10, 16.1.1990, p. 1.

      (9)  OJ L 204, 21.7.1998, p. 37.

      ANNEX I

         ESSENTIAL SAFETY REQUIREMENTS

      (referred to in Article 3(1))
      1.   MATERIALS
      Materials must be selected according to the intended use of the vessels and in accordance with points 1.1 to 1.4.
      1.1.   Pressurised parts

      The materials referred to in Article 1 used for manufacturing the pressurised parts of the vessels must be:

                  (a)

                  capable of being welded;

                  (b)

                  ductile and tough, so that a rupture at minimum working temperature does not give rise to either fragmentation or brittle-type fracture;

                  (c)

                  not adversely affected by ageing.

            For steel vessels, the materials must in addition meet the requirements set out in point 1.1.1 and, for aluminium or aluminium alloy vessels, those set out in point 1.1.2.
      They must be accompanied by an inspection slip as described in Annex II, drawn up by the producer of the materials.
      1.1.1.   Steel vessels

      Non-alloy quality steels shall meet the following requirements:

                  (a)

                  they must be non-effervescent and supplied after normalisation treatment, or in an equivalent state;

                  (b)

                  the content per product of carbon must be less than 0,25 % and that of sulphur and phosphorus must each be less than 0,05 %;

                  (c)

                  they must have the following mechanical properties per product:

                              —

                              the maximum tensile strength Rm,max must be less than 580 N/mm2,

                              —

                              the elongation after rupture must be:

                                          —

                                          if test pieces are taken parallel to the direction of rolling:

                                                      thickness ≥ 3 mm:

                                                      A

                                                      ≥ 22 %,

                                                      thickness < 3 mm:

                                                      A80 mm

                                                      ≥ 17 %,

                                          —

                                          if test pieces are taken perpendicular to the direction of rolling:

                                                      thickness ≥ 3 mm:

                                                      A

                                                      ≥ 20 %,

                                                      thickness < 3 mm:

                                                      A80 mm

                                                      ≥ 15 %,

                              —

                              the average failure energy KCV for three longitudinal test pieces at minimum working temperature must not be less than 35 J/cm2. Not more than one of the three figures may be less than 35 J/cm2, with a minimum of 25 J/cm2.
                              In the case of steels used in the manufacture of vessels the minimum working temperature of which is lower than – 10 °C and the wall thickness of which exceeds 5 mm, this property must be checked.

            1.1.2.   Aluminium vessels

      Non-alloy aluminium must have an aluminium content of at least 99,5 % and the alloys referred to in Article 1(3)(a) must display adequate resistance to intercrystalline corrosion at maximum working temperature.
      Moreover, these materials must satisfy the following requirements:

                  (a)

                  they must be supplied in an annealed state; and

                  (b)

                  they must have the following mechanical characteristics per product:

                              —

                              the maximum tensile strength Rm,max must be no more than 350 N/mm2,

                              —

                              the elongation after rupture must be:

                                          —

                                          A ≥ 16 % if the test piece is taken parallel to the direction of rolling,

                                          —

                                          A ≥ 14 % if the test piece is taken perpendicular to the direction of rolling.

            1.2.   Welding materials

      The welding materials used to manufacture the welds on or of the simple pressure vessel must be appropriate to and compatible with the materials to be welded.
      1.3.   Accessories contributing to the strength of the vessel

      These accessories (for example bolts and nuts) must be made of a material specified in point 1.1 or of other kinds of steel, aluminium or an appropriate aluminium alloy compatible with materials used for the manufacture of pressurised parts.
      The latter materials must at minimum working temperature have an appropriate elongation after rupture and toughness.
      1.4.   Non-pressurised parts

      All unpressurised parts of welded vessels must be of materials which are compatible with that of the components to which they are welded.
      2.   VESSEL DESIGN
      The manufacturer must, when designing the vessel, define the use to which it will be put, and select:

                  (a)

                  the minimum working temperature Tmin;

                  (b)

                  the maximum working temperature Tmax;

                  (c)

                  the maximum working pressure PS.

            However, should a minimum working temperature exceeding – 10 °C be selected, the qualities required of the materials must be satisfied at – 10 °C.
      The manufacturer must also take account of the following provisions:

                  —

                  it must be possible to inspect the inside of vessels,

                  —

                  it must be possible to drain the vessels,

                  —

                  the mechanical qualities must be maintained throughout the period of use of the vessel for the intended purpose,

                  —

                  the vessels must, bearing in mind their prescribed use, be adequately protected against corrosion,

            and the fact that under the conditions of use envisaged:

                  —

                  the vessels must not be subjected to stresses likely to impair their safety in use,

                  —

                  internal pressure must not permanently exceed the maximum working pressure PS. However, it may momentarily do so by up to 10 %.

            Circular and longitudinal seams must be made using full penetration welds or welds of equivalent effectiveness. Convex ends other than hemispherical ones must have a cylindrical edge.
      2.1.   Wall thickness

      If the product of PS × V is not more than 3 000 bar.l, the manufacturer must select one of the methods described in points 2.1.1 and 2.1.2 for determining vessel wall thickness; if the product of PS × V is more than 3 000 bar.l, or if the maximum working temperature exceeds 100 °C, such thickness must be determined by the method described in point 2.1.1.
      The actual wall thickness of the cylindrical section and ends shall, however, be not less than 2 mm in the case of steel vessels and not less than 3 mm in the case of aluminium or aluminium alloy vessels.
      2.1.1.   Calculation method

      The minimum thickness of pressurised parts must be calculated having regard to the intensity of the stresses and to the following provisions:

                  (a)

                  the calculation pressure to be taken into account must not be less than the maximum working pressure PS selected;

                  (b)

                  the permissible general membrane stress must not exceed the lower of the values 0,6 RET or 0,3 Rm. The manufacturer must use the RET and Rm minimum values guaranteed by the material manufacturer in order to determine the permissible stress.

            However, where the cylindrical portion of the vessel has one or more longitudinal welds made using a non-automatic welding process, the thickness calculated as referred to in the first paragraph must be multiplied by the coefficient 1,15.
      2.1.2.   Experimental method

      Wall thickness must be so determined as to enable the vessels to resist at ambient temperature a pressure equal to at least five times the maximum working pressure, with a permanent circumferential deformation factor of no more than 1 %.
      3.   MANUFACTURING PROCESSES
      Vessels shall be constructed and subjected to production checks in accordance with the design and manufacturing record referred to in point 3 of Annex II.
      3.1.   Preparation of the component parts

      Preparation of the component parts (for example forming and chamfering) must not give rise to surface defects or cracks or changes in the mechanical characteristics likely to be detrimental to the safety of the vessels.
      3.2.   Welds on pressurised parts

      The characteristics of welds and adjacent zones must be similar to those of the welded materials and must be free of any surface or internal defects detrimental to the safety of the vessels.
      Welds must be performed by qualified welders or operators possessing the appropriate level of competence, in accordance with approved welding processes. Such approval and qualification tests must be carried out by approved inspection bodies.
      The manufacturer must also, during manufacture, ensure consistent weld quality by conducting appropriate tests using adequate procedures. These tests must be the subject of a report.
      4.   PUTTING INTO SERVICE OF THE VESSELS
      Vessels must be accompanied by the instructions drawn up by the manufacturer, as referred to in point 2 of Annex II.

      ANNEX II

         ‘CE’ MARKING, INSCRIPTIONS, INSTRUCTIONS, DESIGN AND MANUFACTURE SCHEDULES, DEFINITIONS AND SYMBOLS

      1.   ‘CE’ MARKING AND INSCRIPTIONS
      1.1.   ‘CE’ marking

      The ‘CE’ marking shall consist of the initials ‘CE’ in the following form:

      If the ‘CE’ marking is reduced or enlarged the proportions given in the graduated drawing set out in this point must be respected.
      The various components of the ‘CE’ marking must have substantially the same vertical dimension, which may not be less than 5 mm.
      1.2.   Inscriptions

      The vessel or data plate must bear at least the following information:

                  (a)

                  the maximum working pressure (PS in bar);

                  (b)

                  the maximum working temperature (Tmax in °C);

                  (c)

                  the minimum working temperature (Tmin in °C);

                  (d)

                  the capacity of the vessel (V in l);

                  (e)

                  the name or mark of the manufacturer;

                  (f)

                  the type and serial or batch identification of the vessel;

                  (g)

                  the last two digits of the year in which the ‘CE’ marking was affixed.

            Where the data plate is used, it must be so designed that it cannot be reused and must include a vacant space to enable other information to be provided.
      2.   INSTRUCTIONS
      The instructions must contain the following information:

                  (a)

                  the particulars given in point 1 except for the vessel’s serial identification;

                  (b)

                  the intended use of the vessel;

                  (c)

                  the maintenance and installation requirements for vessel safety.

            They must be in the official language or languages of the country of destination.
      3.   DESIGN AND MANUFACTURING SCHEDULES
      The design and manufacturing schedules must contain a description of the techniques and operations employed in order to meet the essential safety requirements set out in Annex I or the harmonised standards referred to in Article 5(1), and in particular:

                  (a)

                  a detailed manufacturing drawing of the vessel type;

                  (b)

                  the instructions;

                  (c)

                  a document describing:

                              —

                              the materials selected,

                              —

                              the welding processes selected,

                              —

                              the checks selected,

                              —

                              any pertinent details as to the vessel design.

            When the procedures laid down in Articles 11 to 14 are applied, the schedule must also include:

                  (a)

                  the certificates relating to the suitable qualification of the welding operations and of the welders or operators;

                  (b)

                  the inspection slip for the materials used in the manufacture of parts and assemblies contributing to the strength of the pressure vessel;

                  (c)

                  a report on the examinations and tests performed or a description of the proposed checks.

            4.   DEFINITIONS AND SYMBOLS
      4.1.   Definitions

                  (a)

                  The design pressure ‘P’ is the gauge pressure chosen by the manufacturer and used to determine the thickness of the vessel’s pressurised parts.

                  (b)

                  The maximum working pressure ‘PS’ is the maximum gauge pressure which may be exerted under normal conditions of use of the vessel.

                  (c)

                  The minimum working temperature Tmin is the lowest stabilised temperature which the wall of the vessel may attain under normal conditions of use.

                  (d)

                  The maximum working temperature Tmax is the highest stabilised temperature which the wall of the vessel may attain under normal conditions of use.

                  (e)

                  The yield strength ‘RET’ is the value at the maximum working temperature Tmax of:

                              —

                              the upper yield point ReH, for a material with both a lower and an upper yield point,

                              —

                              the proof stress Rp0,2, or

                              —

                              the proof stress Rp1,0 in the case of non-alloy aluminium.

                  (f)

                  Families of vessels:
                  Vessels form part of the same family if they differ from the prototype only in diameter, provided that the permissible requirements referred to in points 2.1.1 and 2.1.2 of Annex I are complied with, and/or in the length of their cylindrical portion within the following limits:

                              —

                              where a prototype has one or more shell rings in addition to the ends, variants must have at least one shell ring,

                              —

                              where a prototype has just two dished ends, variants must have no shell rings.

                        Variations in length causing the apertures and/or penetrations to be modified must be shown in the drawing for each variant.

                  (g)

                  A batch of vessels consists at the most of 3 000 vessels of the model of the same type.

                  (h)

                  There is series manufacture within the meaning of this Directive if more than one vessel of the same type is manufactured during a given period by a continuous manufacturing process, in accordance with a common design and using the same manufacturing processes.

                  (i)

                  Inspection slip: document by which the producer certifies that the products delivered meet the requirements of the order and in which he sets out the results of the routine in-plant inspection test, in particular chemical composition and mechanical characteristics performed on products made by the same production process as the supply, but not necessarily on the products delivered.

            4.2.   Symbols

                  A

               elongation after rupture

                  %

                  A 80 mm

                  elongation after rupture (Lo = 80 mm)

                  %

                  KCV

                  rupture energy

                  J/cm2

                  P

                  design pressure

                  Bar

                  PS

                  maximum working pressure

                  Bar

                  Ph

                  hydrostatic or pneumatic test pressure

                  Bar

                  Rp0,2

                  proof stress at 0,2 %

                  N/mm2

                  RET

                  yield strength at maximum working temperature

                  N/mm2

                  ReH

                  upper yield point

                  N/mm2

                  Rm

                  tensile strength

                  N/mm2

                  Rm, max

                  maximum tensile strength

                  N/mm2

                  Rp1,0

                  proof stress at 1,0 %

                  N/mm2

                  Tmax

                  maximum working temperature

                  °C

                  Tmin

                  minimum working temperature

                  °C

                  V

                  capacity of the vessel

                  l

      ANNEX III

         MINIMUM CRITERIA TO BE MET BY MEMBER STATES FOR THE APPROVAL OF INSPECTION BODIES

      (referred to in Article 9(2))

                  1.

                  The approved inspection body, its director and the staff responsible for carrying out the verification tests shall not be the designer, manufacturer, supplier or installer of vessels which they inspect, nor the authorised representative of any of those parties. They shall not become directly involved in the design, construction, marketing or maintenance of the vessels, nor represent the parties engaged in those activities. This does not preclude the possibility of exchanges of technical information between the manufacturer and the approved inspection body.

                  2.

                  The approved inspection body and its staff must carry out the verification tests with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of the inspection, especially from persons or groups of persons with an interest in the result of verifications.

                  3.

                  The approved inspection body must have at its disposal the necessary staff and the necessary facilities to enable it to perform properly the administrative and technical tasks connected with verification; it must also have access to the equipment required for special verification.

                  4.

                  The staff responsible for inspection must have:

                              (a)

                              sound technical and professional training;

                              (b)

                              satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests;

                              (c)

                              the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.

                  5.

                  The impartiality of inspection staff must be guaranteed. Their remuneration must not depend on the number of tests carried out or on the results of such tests.

                  6.

                  The approved inspection body must take out liability insurance unless its liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the tests.

                  7.

                  The staff of the approved inspection body is bound to observe professional secrecy with regard to all information gained in carrying out its tasks (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) under this Directive or any provision of national law giving effect to it.

      ANNEX IV
      PART A

         Repealed Directive with list of its successive amendments

      (referred to in Article 19)

                  Council Directive 87/404/EEC
                  (OJ L 220, 8.8.1987, p. 48)

                  Council Directive 90/488/EEC
                  (OJ L 270, 2.10.1990, p. 25)

                  Council Directive 93/68/EEC
                  (OJ L 220, 30.8.1993, p. 1)

                  Article 1, point 1, and Article 2 only

            PART B

         List of time limits for transposition into national law and application

      (referred to in Article 19)

                  Directive

                  Time limit for transposition

                  Date of application

                  87/404/EEC

                  31 December 1989

                  1 July 1990 (1)

                  90/488/EEC

                  1 July 1991

                  —

                  93/68/EEC

                  30 June 1994

                  1 January 1995 (2)

         (1)  In accordance with the third subparagraph of Article 18(2), Member States shall, for the period up to 1 July 1992, permit the placing on the market and/or in service of vessels conforming to the rules in force in their territories before 1 July 1990.

         (2)  In accordance with Article 14(2), until 1 January 1997 Member States shall allow the placing on the market and the bringing into service of products which comply with the marking arrangements in force before 1 January 1995.

      ANNEX V

         CORRELATION TABLE

                  Directive 87/404/EEC

                  This Directive

                  Recital 5, fifth sentence

                  Article 1(3), point (b)

                  Article 1(1)

                  Article 1(1)

                  Article 1(2), first subparagraph

                  Article 1(3), point (a), first subparagraph

                  Article 1(2), second subparagraph, first indent

                  Article 1(3), point (a), second subparagraph

                  Article 1(2), second subparagraph, second indent, first and second sub-indents

                  Article 1(3), point (a), third subparagraph, points (i) and (ii)

                  Article 1(2), second subparagraph, third indent

                  Article 1(3), point (a), fourth subparagraph

                  Article 1(2), second subparagraph, fourth indent

                  Article 1(3), point (a), fifth subparagraph

                  Article 1(3), first, second and third indents

                  Article 1(2), points (a), (b) and (c)

                  Articles 2, 3 and 4

                  Articles 2, 3 and 4

                  Article 5(1)

                  Article 5(1)

                  Article 5(2)

                  Article 5(2)

                  Article 5(3), points (a) and (b)

                  Article 5(3), first and second subparagraphs

                  Article 6

                  Article 6

                  Article 7(1)

                  Article 7(1)

                  Article 7(2), first and second sentences

                  Article 7(2), first subparagraph

                  Article 7(2), third sentence

                  Article 7(2), second subparagraph

                  Article 7(3)

                  Article 7(3)

                  Article 7(4)

                  Article 7(4)

                  Article 8(1), introductory wording and point (a), introductory wording

                  Article 8(1), introductory wording

                  Article 8(1), point (a), first and second indents

                  Article 8(1), points (a) and (b)

                  Article 8(1), point (b)

                  Article 8(2)

                  Article 8(2), point (a)

                  Article 8(3), point (a)

                  Article 8(2), point (b), first and second indents

                  Article 8(3), points (b)(i) and (ii)

                  Article 8(3)

                  Article 8(4)

                  Article 9

                  Article 9

                  Article 10(1)

                  Article 10(1)

                  Article 10(2), first subparagraph

                  Article 10(2), first subparagraph

                  Article 10(2), second subparagraph, first and second indents

                  Article 10(2), second subparagraph, points (a) and (b)

                  Article 10(2), third subparagraph

                  Article 10(2), third subparagraph

                  Article 10(3), first subparagraph

                  Article 10(3), first subparagraph

                  Article 10(3), second subparagraph

                  Article 10(3), second subparagraph

                  Article 10(3), third subparagraph, points (a) and (b)

                  Article 10(3), third subparagraph, points (a) and (b)

                  Article 10(4)

                  Article 10(4)

                  Article 10(5), first sentence

                  Article 10(5), first subparagraph

                  Article 10(5), second and third sentences

                  Article 10(5), second subparagraph

                  Article 11(1) and (2)

                  Article 11(1) and (2)

                  Article 11(3), introductory wording

                  Article 11(3), first subparagraph

                  Article 11(3), point 3.1

                  Article 11(3), second subparagraph

                  Article 11(3), point 3.2

                  Article 11(3), third subparagraph

                  Article 11(3), point 3.3, first subparagraph

                  Article 11(3), fourth subparagraph

                  Article 11(3), point 3.3, second subparagraph

                  Article 11(3), fifth subparagraph

                  Article 11(3), point 3.3, third subparagraph

                  Article 11(3), sixth subparagraph

                  Article 11(3), point 3.4, first subparagraph

                  Article 11(3), seventh subparagraph

                  Article 11(3), point 3.4, second subparagraph

                  Article 11(3), eighth subparagraph

                  Article 11(3), point 3.4, third subparagraph

                  Article 11(3), ninth subparagraph

                  Article 11(3), point 3.5

                  Article 11(3), tenth subparagraph

                  Article 12(1), first subparagraph, first and second indents

                  Article 12(1), points (a) and (b)

                  Article 12(1), second subparagraph

                  Article 12(2), first subparagraph

                  Article 12(2)

                  Article 12(2), second subparagraph

                  Article 13(1), first subparagraph

                  Article 13(1)

                  Article 13(1), second subparagraph

                  Article 13(2)

                  Article 13(2), indents 1 to 4

                  Article 13(3), points (a) to (d)

                  Article 14(1)

                  Article 14, first paragraph

                  Article 14(2), first subparagraph, first and second indents

                  Article 14, second paragraph, points (a) and (b)

                  Article 14(2), second subparagraph

                  Article 14, third paragraph

                  Articles 15, 16 and 17

                  Articles 15, 16 and 17

                  Article 18(1)

                  —

                  Article 18(2)

                  Article 18

                  —

                  Article 19

                  —

                  Article 20

                  Article 19

                  Article 21

                  Annex I, point 1

                  Annex I, point 1.

                  Annex I, point 1.1, first paragraph, first, second and third indents

                  Annex I, point 1.1., first paragraph, points (a), (b) and (c)

                  Annex I, point 1.1, second and third paragraphs

                  Annex I, point 1.1., second and third paragraphs

                  Annex I, points 1.1.1 and 1.1.2

                  Annex I, points 1.1.1 and 1.1.2

                  Annex I, points 1.2, 1.3 and 1.4

                  Annex I, points 1.2, 1.3 and 1.4

                  Annex I, point 2, first paragraph, first, second and third indents

                  Annex I, point 2, first paragraph, points (a), (b) and (c)

                  Annex I, point 2, second, third and fourth paragraphs

                  Annex I, point 2, second, third and fourth paragraphs

                  Annex I, points 2.1, 3 and 4

                  Annex I, points 2.1, 3 and 4

                  Annex II, point 1

                  Annex II, point 1

                  Annex II, point 1.a, first, second and third indents

                  Annex II, point 1.1, first, second and third paragraphs

                  Annex II, point 1.b, first paragraph, indents 1 to 7

                  Annex II, point 1.2, first paragraph, points (a) to (g)

                  Annex II, point 1.b, second paragraph

                  Annex II, point 1.2, second paragraph

                  Annex II, point 2, first paragraph, first, second and third indents

                  Annex II, point 2, first paragraph, points (a), (b) and (c)

                  Annex II, point 2, second paragraph

                  Annex II, point 2, second paragraph

                  Annex II, point 3, first paragraph

                  Annex II, point 3, first paragraph

                  Annex II, point 3, second paragraph, points (i), (ii) and (iii)

                  Annex II, point 3, second paragraph, points (a), (b) and (c)

                  Annex II, point 4

                  Annex II, point 4

                  Annex III, points 1, 2 and 3

                  Annex III, points 1, 2 and 3

                  Annex III, point 4, first, second and third indents

                  Annex III, point 4, points (a), (b) and (c)

                  Annex III, points 5, 6 and 7

                  Annex III, points 5, 6 and 7

                  —

                  Annex IV

                  —

                  Annex V


Avis juridique important

|

31997L0032

Commission Directive 97/32/EC of 11 June 1997 adapting to technical progress Council Directive 77/539/EEC relating to reversing lamps for motor vehicles and their trailers (Text with EEA relevance)

Official Journal L 171 , 30/06/1997 P. 0063 - 0076

COMMISSION DIRECTIVE 97/32/EC of 11 June 1997 adapting to technical progress Council Directive 77/539/EEC relating to reversing lamps for motor vehicles and their trailers (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by European Parliament and Council Directive 96/79/EC (2), and in particular Article 13 (2) thereof,Having regard to Council Directive 77/539/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to reversing lamps for motor vehicles and their trailers (3), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 10 thereof,Whereas Directive 77/539/EEC is one of the separate Directives of the EEC type-approval procedure which has been established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive;Whereas, in particular, Articles 3 (4) and 4 (3) of Directive 70/156/EEC require each separate Directive to have attached to it an information document and also a type-approval certificate based on Annex VI to that Directive in order that type-approval may be computerized; whereas the type approval certificate(s) provided for in Directive 77/539/EEC must be amended accordingly;Whereas the procedures need to be simplified in order to maintain the equivalence, established by Article 9 (2) of Directive 70/156/EEC, between certain separate Directives and the corresponding regulations of the United Nations' Economic Commission for Europe when the said regulations are amended; whereas, as a first step, the technical requirements of Directive 77/539/EEC need to be replaced by those of Regulation No 23 by way of cross-reference;Whereas reference is made to Council Directive 76/756/EEC (4), as last amended by Commission Directive 97/28/EC (5), and to Council Directive 76/761/EEC (6), as last amended by the Act of Accession of Austria, Finland and Sweden;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/156/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Directive 77/539/EEC is hereby amended as follows:1. Article 1 (1) is replaced by the following:'1. Each Member State shall grant EEC component type-approval for any type of reversing lamp which satisfies the construction and testing requirements laid down in the relevant Annexes.`2. The first paragraph of Article 2 is replaced by the following:'Member States shall for each type of reversing lamp which they approve pursuant to Article 1, issue to the manufacturer an EEC component type-approval mark conforming to the model shown in Annex I, Appendix 3.`3. Article 4 is replaced by the following:'Article 4The competent authorities of the Member States shall inform each other, by means of the procedure specified in Article 4 (6) of Directive 70/156/EEC, of each approval which they have granted, refused or withdrawn pursuant to this Directive.`4. Article 9 is replaced by the following:'Article 9For the purposes of this Directive, "vehicle" means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery.`5. The Annexes are replaced by the Annex to this Directive.Article 21. From 1 January 1998, or, if publication of the texts referred to in Article 3 is delayed beyond 1 July 1997, six months after the actual date of publication of these texts, Member States may not, on grounds relating to reversing lamps:- refuse, in respect of a type of vehicle or a type of lamp mentioned above, to grant EC type-approval or national type-approval, or- prohibit the registration, sale or entry into service of vehicles, or the sale or entry into service of reversing lamps,provided that the lamps comply with the requirements of Directive 77/539/EEC, as amended by this Directive, and that, as far as vehicles are concerned, they are installed in accordance with the requirements laid down in Directive 76/756/EEC.2. From 1 October 1998 Member States:- shall no longer grant EC type-approval, and- may refuse to grant national type-approvalfor any type of vehicle on grounds relating to reversing lamps, and for any type of reversing lamp, if the requirements of Directive 77/539/EEC, as amended by this Directive, are not fulfilled.3. From 1 October 1999 the requirements of Directive 77/539/EEC relating to reversing lamps as components, as amended by this Directive, shall be applicable for the purposes of Article 7 (2) of Directive 70/156/EEC.4. Notwithstanding paragraphs 2 and 3 above, for the purposes of replacement parts Member States shall continue to grant EC type-approval of reversing lamps, and to permit their sale and entry into service, in accordance with previous versions of Directive 77/539/EEC provided that such lamps- are intended to be fitted to vehicles already in use, and- comply with the requirements of that Directive which were applicable when the vehicles were first registered.Article 3The paragraphs and annexes of UN/ECE Regulation No 23 referred to in Annex II, item 2.1, shall be published in the Official Journal of the European Communities before 1 July 1997.Article 41. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 1998; however, if the publication of the texts referred to in Article 3 is delayed beyond 1 July 1997, the Member States shall comply with this obligation six months after the actual date of publication of these texts. They shall forthwith inform the Commission thereof.They shall apply those provisions from 1 January 1998, or, if the publication of the texts referred to in Article 3 is delayed beyond 1 July 1997, six months after the actual date of publication of those texts.When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 5This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.Article 6This Directive is addressed to the Member States.Done at Brussels, 11 June 1997.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ No L 42, 23. 2. 1970, p. 1.(2) OJ No L 18, 21. 1. 1997, p. 7.(3) OJ No L 220, 29. 8. 1977, p. 72.(4) OJ No L 262, 27. 9. 1976, p. 1.(5) See p. 1 of this Official Journal.(6) OJ No L 262, 27. 9. 1976, p. 96.ANNEX 'LIST OF ANNEXESANNEX I: Administrative provisions for type approvalAppendix 1: Information documentAppendix 2: Type-approval certificateAppendix 3: Models of the EC component type-approval markANNEX II: Scope and technical requirementsANNEX IADMINISTRATIVE PROVISIONS FOR TYPE APPROVAL1. APPLICATION FOR EC COMPONENT TYPE-APPROVAL1.1. The application for EC component type-approval pursuant to Article 3 (4) of Directive 70/156/EEC of a type of reversing lamp shall be submitted by the manufacturer.1.2. A model for the information document is given in Appendix 1.1.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:1.3.1. Two samples equipped with the lamp or lamps recommended. If the devices are not identical but are symmetrical and suitable for mounting one on the left and one on the right side of the vehicle, the two samples submitted may be identical and be suitable for mounting only on the right or only on the left side of the vehicle.2. MARKINGS2.1. The devices submitted for EC component type-approval must bear:2.1.1. the trade name or mark of the manufacturer;2.1.2. if necessary in order to prevent any mistake in mounting the reversing lamp on the vehicle, bear the word 'TOP` marked horizontally on the uppermost part of the illuminating surface;2.1.3. in the case of lamps with replaceable light sources: the type(s) of filament lamp prescribed;2.1.4. in the case of lamps with non-replaceable light sources: the nominal voltage and wattage.2.2. These markings shall be clearly legible and indelible and shall be affixed to the illuminating surface, or to one of the illuminating surfaces, of the device. They shall be visible from the exterior when the device is fitted to the vehicle.2.3. Each device shall have sufficient space for the component type-approval mark. This space3. GRANTING OF EC COMPONENT TYPE-APPROVAL3.1. If the relevant requirements are satisfied, EC type-approval pursuant to Article 4 (3) and, if applicable, 4 (4) of Directive 70/156/EEC shall be granted.3.2. A model for the EC type-approval certificate is given in Appendix 2.3.3. An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of reversing lamp approved. The same Member State shall not assign the same number to another type of reversing lamp.3.4. Where EC component type approval is requested for a type of lighting and light-signalling device comprising a reversing lamp and other lamps, a single EC component type-approval number may be assigned provided that the reversing lamp complies with the requirements of this Directive and that each of the other lamps forming part of the lighting and light-signalling device for which EC component type approval is requested complies with the separate Directive applying to it.4. EC COMPONENT TYPE-APPROVAL MARK4.1. In addition to the markings referred to in item 2.1 every reversing lamp conforming to the type approved pursuant to this Directive shall bear an EC component type-approval mark.4.2. This mark shall consist of:4.2.1. a rectangle surrounding the letter 'e` followed by the distinguishing number or letters of the Member State which has granted type approval:>TABLE>4.2.2. in the vicinity of the rectangle the 'base approval number` contained in section 4 of the type-approval number referred to in Annex VII of Directive 70/156/EEC, preceded by the two figures indicating the sequence number assigned to the most recent major technical amendment to Directive 77/539/EEC on the date EEC type approval was granted. In this Directive the sequence number is 00;4.2.3. an additional symbol consisting of the letters 'A` and 'R`, mingled as shown in figure 1 of Appendix 3.4.2.4. On lamps of which the visibility angles are asymmetrical with regard to the reference axis in a horizontal direction, an arrow pointing towards the side on which the photometric specifications are met up to an angle of 45° H.4.3. The EC component type-approval mark shall be affixed to the lens of the lamp or one of the lenses in such a way as to be indelible and clearly legible even when the lamps are fitted to the vehicle.4.4. Examples of the EC component type-approval mark are given in Appendix 3, Figure 1.4.5. Where a single EC component type-approval number is issued, as per item 3.4 above, for a type of lighting and light-signalling device comprising a reversing lamp and other lamps, a single EC component type-approval mark may be affixed, consisting of:4.5.1. a rectangle surrounding the letter 'e` followed by the distinguishing number or letters of the Member State which has granted type approval (see item 4.2.1);4.5.2. the base approval number (see item 4.2.2, first half-sentence);4.5.3. if necessary, the required arrow, in so far as it relates to the lamp assembly as a whole.4.6. This mark may be located anywhere on the lamps which are grouped, combined or reciprocally incorporated, provided that:4.6.1. it is visible after the installation of the lamps;4.6.2. no light-transmitting components of the grouped, combined or reciprocally incorporated lamps can be removed without simultaneously removing the approval mark.4.7. The identification symbol for each lamp corresponding to each Directive pursuant to which EC component type approval was granted, together with the sequence number (see item 4.2.2, second half-sentence) and, where necessary, the letter 'D` and the required arrow shall be marked:4.7.1. either on the appropriate light-emitting surface;4.7.2. or in a group, in such a way that each of the grouped, combined or reciprocally incorporated lamps may be clearly identified.4.8. The dimensions of the components of this mark must not be less than the minimum dimensions specified for individual marks by the various Directives pursuant to which EC component type approval was granted.4.9. Examples of an EC component type-approval mark for a lamp that is grouped, combined or reciprocally incorporated with other lamps are given in Appendix 3, Figure 2.5. MODIFICATIONS OF THE TYPE AND AMENDMENTS TO APPROVALS5.1. In the case of modifications of the type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.6. CONFORMITY OF PRODUCTION6.1. As a general rule, measures to ensure the conformity of production shall be taken in accordance with the provisions laid down in Article 10 of Directive 70/156/EEC.6.2. Every reversing lamp shall comply with the photometric conditions specified in paragraphs 6 and 8 (*). Nevertheless, in the case of a reversing lamp selected at random from series production, the requirements as to minimum intensity of the light emitted (measured with a standard filament lamp as referred to in paragraph 7 (*) shall be limited in each relevant direction to 80 % of the minimum value prescribed in paragraph 6 (*),(*) Of the documents referred to in point 2.1 of Annex II of the present Directive.Appendix 1Information document No . . . relating to the EC component type-approval of reversing lamps >START OF GRAPHIC>(Directive 77/539/EEC, as last amended by Directive . . ./. . ./EC)The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.0. GENERAL0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.5. Name and address of manufacturer: .0.7. In the case of components and separate technical units, .location and method of affixing of the EC approval mark: .0.8. Address(es) of assembly plant(s): .1. DESCRIPTION OF THE DEVICE1.1. Type of device: .1.1.1. Device function(s): .1.1.2. Category or class of device: .1.2.3. Colour of the light emitted or reflected: .1.2. Drawing(s) in sufficient detail to permit identification of the type of the device and showing .1.2.1. in what geometrical position the device is to be mounted on the vehicle (not applicable to rear registration plate lamps): .1.2.2. the axis of observation to be taken as the axis of refernce in the tests (horizontal angle H = 0°, vertical angle V = 0°) and the point to be taken as the centre of reference in the said tests (not applicable to retro-reflecting devices and rear registration plate lamps): .1.2.3. the position intended for the EC component type-approval mark: .1.2.4. for rear registration plate lamps, the geometrical position in which the device is to be fitted in relation to the space to be occupied by the registration plate, and the outline of the area adequately illuminated: .1.2.5. for headlamps and front fog lamps, a frontal view of the lamps with details of lens ribbing, if any, and the cross section: .1.3. A brief technical description stating, in particular, with the exception of lamps with non replaceable light sources, the category or categories of light sources prescribed which shall be one or more of those contained in Directive 76/761/EEC (not applicable to retro-reflecting devices):.1.4. Specific information .1.4.1. For rear registration plate lamps, a statement whether the device is intended to illuminate a wide/tall/both wide and tall plate: .1.4.2. For headlamps, .1.4.2.1. information whether the headlamp is intended to provide both a dipped beam and main beam or only one of those beams: .1.4.2.2. information in case the headlamp is intended to provide a dipped beam, if it is designed for both left-hand and right-hand traffic or for either left-hand or right-hand traffic only: .1.4.2.3. if the headlamp is equipped with an adjustable reflector, an indication of the mounting position(s) of the headlamp in relation to the ground and the longitudinal median plane of the vehicle, if the headlamp is for use in that (those) position(s) only: .1.4.3. For position lamps, stop lamps and direction indicators, .1.4.3.1. if the device may also be used in an assembly of two lamps of the same category: .1.4.3.2. in the case of a device with two levels of intensity (stop lamps and category 2b direction indicators), arrangement diagram and specification of the characteristics of the system ensuring the two levels of intensity: .1.4.4. For retro-reflecting devices, a brief description giving the technical specifications of the materials of the retro-reflecting optical unit: .1.4.5. For reversing lamps, a statement whether the device is intended to be installed on a vehicle exclusively in a pair of devices: .>END OF GRAPHIC>Appendix 2MODEL (maximum format: A4 (210 × 297 mm)) EC TYPE-APPROVAL CERTIFICATE >START OF GRAPHIC>Stamp of administrationCommunication concerning the- type-approval (1)- extension of type-approval (1)- refusal of type-approval (1)- withdrawal of type-approval (1)of a type of a vehicle/component/separate technical unit (1) with regard to Directive . . ./. . ./EEC, as last amended by Directive . . ./. . ./ECType-approval number: .Reason for extension: .SECTION I0.1. Make (trade name of manufacturer): .0.2. Type and general commercial description(s): .0.3. Means of identification of type if marked on the vehicle/component/separate technical unit (1) (2):.0.3.1. Location of that marking: .0.4. Category of vehicle (1) (3): .0.5. Name and address of manufacturer: .0.7. In the case of components and separate technical units, location and method of affixing of the EC approval mark: .0.8. Address(es) of assembly plant(s): .SECTION II1. Additional information (where applicable): See Addendum2. Technical service responsible for carrying out the tests: .3. Date of test report: .4. Number of test report: .5. Remarks (if any): See Addendum6. Place: .7. Date: .8. Signature: .9. The index to the information package lodged with the approval authority, which may be obtained on request, is attached.(1) Delete where not applicable.(2) If the means of identification of type contains characters not relevant to describe the vehicle, component or separate technical unit types covered by this type-approval certificate such characters shall be represented in the documentation by the symbol "?" (e. g. ABC??123???).(3) As defined in Annex II A to Directive 70/156/EEC.Addendum to EC type-approval certificate No . . .concerning the component type-approval of a lighting and/or light-signalling device with regard to Directive(s) 76/757/EEC; 76/758/EEC; 76/759/EEC; 76/760/EEC; 76/761/EEC; 76/762/EEC; 77/538/EEC; 77/539/EEC and 77/540/EEC (1) as last amended by Directive(s) . . .1. ADDITIONAL INFORMATION1.1. Where applicable, indicate for each lamp1.1.1. The category(ies) of the device(s): .1.1.2. The number and category of light sources (not applicable to retro reflector) (2) .1.1.3. The colour of the light emitted or reflected: .1.1.4. Approval granted solely for use as a replacement part on vehicles already in service: Yes/No (1) .1.2. Specific information for certain types of lighting or light-signalling devices .1.2.1. For retro-reflecting devices: In isolation/part of an assembly of devices (1) .1.2.2. For rear registration plate lamps: Device for illuminating a tall plate/a wide plate (1) .1.2.3. For headlamps: If equipped with an adjustable reflector, the mounting position(s) of the headlamp in relation to the ground and the longitudinal median plane of the vehicle, if the headlamp is for use in that (those) position(s) only: .1.2.4. For reversing lamps: This device shall be installed on a vehicle only as part of a pair of devices: Yes/No (1) .5. REMARKS5.1. Drawings5.1.1. For rear registration plate lamps: the attached drawing No . . . shows the geometric position in which the device is to be fitted in relation to the space to be occupied by the registration plate, and the outline of the area adequately illuminated;5.1.2. For retro-reflecting devices: the attached drawing No . . . shows the geometric position in which the device is to be fitted to the vehicle;5.1.3. For all other lighting and light signalling devices: the attached drawing No . . . shows the geometric position in which the device is to be fitted to the vehicle, and the axis of reference and centre of reference of the device.5.2. For headlamps: operating mode used during the test (item 5.2.3.9. of Annex I to Directive 76/761/EEC): .(1) Delete where not applicable.(2) For lamps with non replaceable light sources, indicate the number and the total wattage of the light sources.>END OF GRAPHIC>Appendix 3EXAMPLES OF THE EC COMPONENT TYPE-APPROVAL MARK Figure 1 >REFERENCE TO A GRAPHIC>The device bearing the EC component type-approval mark shown above is a reversing lamp, type approved in Germany (e1) pursuant to this Directive (00) under the base approval number 1471. The arrow indicates the side on which the required photometric specifications are met up to an angle of 45°H.Figure 2Simplified marking of grouped, combined or reciprocally incorporated lamps when two or more lamps are part of the same assembly >REFERENCE TO A GRAPHIC>MODEL B>REFERENCE TO A GRAPHIC>MODEL C>REFERENCE TO A GRAPHIC>Note: The three examples of approval marks, models A. B. and C represent three possible variants of the marking of a lighting and light-signalling device when two or more lamps are part of the same unit of grouped, combined or reciprocally incorporated lamps. This approval marks shows that the device was approved in Germany (el) under the base approval number 1712 and comprises:A retro reflector of class IA approved in accordance with Directive 76/757/EEC, sequence No 02;A rear direction indicator of category 2a approved in accordance with Counsil Directive 76/759/EEC (OJ No L 262, 27. 9. 1976, p. 32);A red rear position lamp (R) approved in accordance with Annex II to Council Directive 76/758/EEC (OJ No L 262, 27. 9. 1976, p. 70), sequence No 02;A rear fog lamp (F) approved in accordance with Council Directive 77/538/EEC (OJ No L 262, 27. 9. 1976, p. 54);A reversing lamp (AR) approved in accordance with Directive 77/539/EEC, sequence No 00;A stop lamp with two levels of intensity (S2) approved in accordance with Annex II to Directive 76/758/EEC sequence No 02;A rear registration plate lamp (L) approved in accordance with Council Directive 76/760/EEC (OJ No L 262, 27. 9. 1976, p. 85), sequence No 00.ANNEX IISCOPE AND TECHNICAL REQUIREMENTS1. SCOPEThis Directive applies to reversing lamps for motor vehicles and their trailers.2. TECHNICAL REQUIREMENTS2.1. The technical requirements are those set out in paragraphs 1, 5 to 8 and Annexes 3 and 4 of UN-ECE Regulation No 23 which consists of a consolidation of the following documents:- the Regulation in its original form (00) incorporating Supplements 1 to 4 to Regulation No 23 and a Correction (1);- Supplement 5 to Regulation 23 (2).except that:2.1.1. Where reference is made to "Regulation No 48", this shall be understood as "Directive 76/756/EEC".2.1.2. Where reference is made to "Regulation No 37", this shall be understood as "Annex VII to Directive 76/761/EEC".2.1.3. In paragraph 6.4, penultimate section, the sentence "(see paragraph 2 of this Regulation)" shall be understood as "(see Appendix 1 of Annex I to this Directive)".2.1.4. In paragraph 6.4, last section, the sentence "a statement in paragraph 11 "Comments" of the Communication form (see Annex I to this Regulation)" shall be understood as "a statement in the Addendum to the type-approval certificate (see Appendix 2 of Annex I to this Directive)".>TABLE>Technical requirements of Regulation No 23 of the United Nations' Economic Commission for Europe referred to in Article 3 and in Annex II, item 2.1 of Commission Directive 97/32/EC (1) adapting to technical progress Council Directive 77/539/EEC relating to reversing lamps for motor vehicles and their trailers 1. DEFINITIONS For the purposes of this Regulation,1.1. 'reversing lamp` means the lamp of the vehicle designed to illuminate the road to the rear of the vehicle and to warn other road users that the vehicle is reversing or about to reverse;1.2. The definitions given in Regulation No 48 and its series of amendments in force at the time of application for type approval shall apply to this Regulation;1.3. reversing lamps of different 'types` are reversing lamps which differ in such essential respects as,1.3.1. the trade name or mark;1.3.2. the characteristics of the optical system;1.3.3. the inclusion of components capable of altering the optical effects by reflection, refraction or absorption; and1.3.4. the category of filament lamp.5. GENERAL SPECIFICATIONS 5.1. Each sample shall conform to the specifications set forth in the paragraphs below.5.2. Reversing lamps shall be so designed and constructed that in normal use, despite the vibration to which they may then be subjected, they continue to function satisfactorily and retain the characteristics prescribed by this Regulation.6. INTENSITY OF LIGHT EMITTED 6.1. The intensity of the light emitted by each of the two samples shall be not less than the minima and not greater than the maxima specified below and shall be measured in relation to the axis of reference in the directions shown below (expressed in degrees of angle with the axis of reference).6.2. The intensity along the axis of reference shall be not less than 80 candelas.6.3. The intensity of the light emitted in all directions in which the light can be observed shall not exceed300 candelas in directions in or above the horizontal plane; or600 candelas in directions below the horizontal plane.6.4. In every other direction of measurement shown in annex 3 to this Regulation the luminous intensity shall be not less than the minima specified in that annex.However, in the case where the reversing lamp is intended to be installed on a vehicle exclusively in a pair of devices, the photometric intensity may be verified only up to an angle of 30° inwards where a photometric value of at least 25 cd shall be satisfied.This condition shall be clearly explained in the application for approval and relating documents (see paragraph 2 of this Regulation).Moreover, in the case where the type approval will be granted applying the condition above, a statement in paragraph 11 'Comments` of the communication form (see annex 1 to this Regulation), will inform that the device shall only be installed in a pair.6.5. In the case of a single lamp containing more than one light source, the lamp shall comply with the minimum intensity required when any one light source has failed and when all light sources are illuminated the maximum intensities shall not be exceeded.7. TEST PROCEDURE 7.1. All measurements shall be carried out with uncoloured standard filament lamps of the types prescribed for the device, adjusted to produce the normal luminous flux prescribed for those types of filament lamps.7.1.1. All measurements on lamps equipped with non-replaceable light sources (filament lamps and other) shall be made at 6.75 V, 13.5 V or 28.0 V respectively.In the case of light sources supplied by a special power supply, the above test voltages shall be applied to the input terminals of that power supply. The test laboratory may require from the manufacturer the special power supply needed to supply the light sources.8. COLOUR OF LIGHT EMITTED The colour of the light emitted shall be white. In case of doubt, the colour may be checked on the basis of the definition of the colour of white light given in annex 4 to this Regulation.(1) OJ No L 171, 30. 6. 1997, p. 63.ANNEX 3 Photometric measurements 1. MEASUREMENT METHODS 1.1. When photometric measurements are taken, stray reflections shall be avoided by appropriate masking.1.2. In the event that the results of measurements are challenged, measurements shall be taken in such a way as to meet the following requirements:1.2.1. the distance of measurement shall be such that the law of the inverse of the square of the distance is applicable;1.2.2. the measuring equipment shall be such that the angle subtended by the receiver from the reference centre of the light is between 10' and 1°;1.2.3. the intensity requirement for a particular direction of observation shall be satisfied if the required intensity is obtained in a direction deviating by not more than one quarter of a degree from the direction of observation.2. MEASURING POINTS EXPRESSED IN DEGREES OF ANGLE WITH THE AXIS OF REFERENCE AND VALUES OF THE MINIMUM INTENSITIES OF THE LIGHT EMITTED TOP >REFERENCE TO A GRAPHIC>2.1. The directions H = 0° and V = 0° correspond to the axis of reference. On the vehicle they are horizontal, parallel to the median longitudinal plane of the vehicle and oriented in the required direction of visibility. They pass through the centre of reference. The values shown in the table give, for the various directions of measurement, the minimum intensities in cd.2.2. If visual examination of a lamp appears to reveal substantial local variations of intensity, a check shall be made to ensure that no intensity measured between two of the directions of measurement referred to above is below 50 % of the lower minimum intensity of the two prescribed for these directions of measurement.3. PHOTOMETRIC MEASUREMENT OF LAMPS EQUIPPED WITH SEVERAL LIGHT SOURCES The photometric performance shall be checked:3.1. For non-replaceable light sources (filament lamps and other): with the light sources present in the lamp, in accordance with paragraph 7.1.1. of this Regulation.3.2. For replaceable filament lamps:when equipped with mass production filament lamps at 6.75 V, 13.5 V or 28.0 V the luminous intensity values produced shall lie between the maximum limit given in this Regulation and the minimum limit of this Regulation increased according to the permissible deviation of the luminous flux permitted for the type of filament lamp chosen, as stated in Regulation No 37 for production filament lamps; alternatively a standard filament lamp may be used in turn, in each of the individual positions, operated at its reference flux, the individual measurements in each position being added together.ANNEX 4 COLOUR OF WHITE LIGHT (Trichromatic coordinates) >TABLE>For checking these colorimetric characteristics, a source of light at a colour temperature of 2,854°K corresponding to illuminant A of the International Commission on Illumination (ICI) shall be used.However, for lamps equipped with non-replaceable light sources (filament lamps and other), the colorimetric characteristics should be verified with the light sources present in the lamp, in accordance with paragraph 7.1.1. of this Regulation.