S.I. No. 59/1989:

EUROPEAN COMMUNITIES (PRESSURE VESSELS) REGULATIONS, 1989.

EUROPEAN COMMUNITIES (PRESSURE VESSELS) REGULATIONS, 1989.

I, RAY BURKE, Minister for Industry and Commerce, in exercise of the powers conferred on me my section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 76/767/EEC of 27th July, 1976^(a), Council Directive 84/525/EEC of 17th September, 1984^(b), Council Directive 84/526/EEC of 17th September, 1984^(c) and Council Directive 84/527/EEC of 17th September, 1984^(d), hereby make the following Regulations:

^(a)OJ No. L262, 27.09. 1976 P. 153

^(b)OJ No. L300, 19.11. 1984 P. 1

^(c)OJ No. L300, 19.11. 1984 P. 20

^(d)OJ No. L300, 19.11. 1984 P. 48

1. (1) These Regulations may be cited as the European Communities (Pressure Vessels) Regulations, 1989.

(2) These Regulations shall come into effect on the 1st day of May, 1989.

2. (1) In these Regulations--

"appropriate fee" means the fee referred to in Regulation 8 of these Regulations;

"authorised officer" means--

( a ) an officer of the Minister, or

( b ) a person designated by Eolas, or an inspection body,

who is appointed under Regulation 14 of these Regulations to be an authorised officer for the purpose of these Regulations;

"EEC pattern approval certificate" means a certificate that a pattern of pressure vessel conforms with the EEC pattern approval requirements set down in the Framework Directive and the Separate Directives;

"EEC pattern approval mark" means the mark in the form set out in Annex 1 to the Framework Directive;

"EEC verification certificate" means a certificate that a pressure vessel conforms with the EEC verification requirements set out in the Framework Directive and the Separate Directives;

"EEC verification marks" mean the marks in the Annexes to the Framework Directive and the Separate Directives;

"Eolas" means Eolas -- the Irish Science and Technology Agency;

the "Framework Directive" means Council Directive 76/767/EEC on the approximation of the laws of the Member States relating to common provisions for pressure vessels and methods of inspecting them;

"inspection body" means a body appointed by Eolas under Regulation 6 of these Regulations to be an inspection body for the purpose of these Regulations;

"Member State" means a Member State of the European Communities;

"Minister" means the Minister for Industry and Commerce;

"pressure vessel" means any fixed or moveable vessel or receptacle in which an effective pressure of more than 0.5 bar above atmospheric pressure on a fluid (gas, steam or liquid) may obtain or develop subject to the exclusion of the following:

( a ) vessels specially designed for nuclear use, failure of which can cause an emission of radioactivity, or

( b ) vessels specifically intended for installation on, or for, the propulsion of ships and aircraft, or

( c ) pipelines and pipeworks;

"seamless steel gas cylinders" mean steel pressure-resistant shells of seamless cylinders, i.e., formed from a single piece, capable of being refilled and transported, with a capacity of between 0.5 and 150 litres inclusive and designed to contain compressed, liquefied or dissolved gases but excluding cylinders made of austenitic steel or to cylinders to which metal is added when the base is being sealed;

"seamless, unalloyed aluminium and aluminium alloy gas cylinders" mean cylinders formed from a single piece, capable of being refilled and transported, with a capacity of between 0.5 and 150 litres inclusive and designed to contain compressed, liquefied or dissolved gases but excluding:

( a ) cylinders manufactured from an aluminium alloy with a guaranteed minimum tensile strength greater than 500N/mm²,

( b ) cylinders to which metal is added when the base is being sealed;

"Separate Directives" mean Council Directives 84/525/EEC, 84/526/EEC and 84/527/EEC on the approximation of the laws of Member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders respectively; and any reference in these Regulations to the relevant Separate Directive is a reference to the Separate Directive which relates to the type of gas cylinder concerned;

"welded unalloyed steel gas cylinders" mean cylinders formed from several pieces, of an actual thickness of 5mm or less, capable of being refilled several times, with a capacity ranging from 0.5 to 150 litres inclusive and designed to contain and transport compressed, liquefied or dissolved gases except liquefied gases at very low temperatures and acetylene. The design pressure (P_h) of these cylinders shall not exceed 60 bars.

(2) References in these Regulations to EEC pattern approval of a type of gas cylinder include references to EEC pattern approval of a family of gas cylinders, that is to say, gas cylinders from the same factory differing only in length within the following limits--

( a ) the minimum overall length must not be less than 3 times the external diameter of the cylinder;

( b ) the maximum overall length must not be more than 1.5 times the overall length of the cylinder tested.

(3) A word or expression that is used in these Regulations and is also used in the Framework Directive or in any of the Separate Directives has, unless the contrary intention appears, the same meaning in these Regulations as it has in the respective Directives.

3. These Regulations apply to--

( a ) seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders;

( b ) pressure vessels subject to the Framework Directive but not to the requirements of a Separate Directive.

4. (1) A manufacturer or his authorised agent established in the European Communities may apply to Eolas for an EEC pattern approval certificate in respect of a type of gas cylinder.

(2) The application shall be made in writing and shall contain such information and be supported by such documents as the Framework Directive and the relevant Separate Directive require, and such further information and supporting documents as Eolas may reasonably require, including a statement by the applicant certifying that an application in respect of the same type of gas cylinder has not been lodged with any other authority in any Member State.

(3) A person applying for an EEC pattern approval certificate under Paragraph (1) of this Regulation shall make available to Eolas such samples of gas cylinders in accordance with the relevant Separate Directive.

5. (1) On receipt of an application for an EEC pattern approval certificate and on receipt of the appropriate fee, Eolas shall carry out or cause to be carried out on its behalf such checks, examinations and tests as are required for EEC pattern approval under the Framework Directive and the relevant Separate Directive.

(2) If the results of the checks, examinations and tests carried out under Paragraph (1) of this Regulation are satisfactory, Eolas shall issue to the applicant an EEC pattern approval certificate.

(3) The certificate issued under Paragraph (2) of this Regulation shall--

( a ) be in accordance with the model set out in the Annex to the relevant Separate Directive; and

( b ) be accompanied by the technical annex specified in that Directive, and such descriptions and drawings as are necessary to identify the pattern and, where it is appropriate, to explain how it functions.

(4) Where an EEC pattern approval certificate has been granted in respect of a gas cylinder which is subject to EEC verification, the manufacturer shall affix to such gas cylinder the EEC pattern approval mark in accordance with Annex 1 of the Framework Directive.

6. (1) Eolas may, with the consent of the Minister and following consultation with the Minister for Labour, appoint a body (or bodies), in accordance with the provisions of this Regulation, to carry out inspection of gas cylinders, to affix EEC verification marks to such cylinders, to issue EEC verification certificates, and to do such other things on its behalf as may be required or permitted of such a body under or in connection with the verification provisions of these Regulations; and a body so appointed shall hereafter in these Regulations be referred to as an "inspection body".

(2) In making the appointment referred to in Paragraph (1) of this Regulation, Eolas shall take into account the minimum criteria set out in Paragraphs 1 to 7 of Annex III of the Framework Directive; and for the efficient and proper functioning of the inspection body it may, in making such an appointment, impose such conditions as it thinks fit.

(3) The appointment referred to in Paragraph (1) of this Regulation--

( a ) may be for a fixed or indefinite time;

( b ) may be revoked by Eolas at any time; and

( c ) shall be revoked if Eolas has reason to believe that the inspection body does not meet, or has ceased to meet, the criteria referred to in Paragraph 2 of this Regulation in respect of the appointment of such a body.

(4) Eolas may vary or withdraw any or all of the conditions of appointment or impose additional conditions at any time for the efficient and proper functioning of the inspection body.

7. (1) Gas cylinders may be presented by a manufacturer to an inspection body for EEC verification.

(2) When presenting gas cylinders for EEC verification, the manufacturer shall provide the inspection body with the EEC pattern approval certificate and such information and documents as the relevant Separate Directive requires and such further information and documents as the inspection body may reasonably require for the purposes of such verification.

(3) On being presented with gas cylinders for EEC verification, the inspection body shall, on receipt of the appropriate fee, carry out such checks, examinations and tests as are required for EEC verification by the Framework Directive and the relevant Separate Directive.

(4) If the results of the checks, examinations and tests are satisfactory, the inspection body shall--

( a ) affix to the cylinders (in a visible, legible and indelible manner) the appropriate EEC verification marks required by the Framework Directive and the relevant Separate Directive, and such marks shall be affixed in the order required by those Directives; and

( b ) issue to the manufacturer an EEC verification certificate, which shall be in accordance with the model set out in the Annex to the relevant Separate Directive.

8. (1) Eolas and an inspection body may charge a fee, to be known in these Regulations as the "appropriate fee", which shall be equal to the amount which Eolas or an inspection body estimates it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.

(2) Where the costs incurred are greater than the appropriate fee, the difference between those costs and that fee shall be payable by the applicant to Eolas or the inspection body, as the case may be, and where those costs are less than the appropriate fee, the difference between those costs and that fee shall be repayable by Eolas or the inspection body, as the case may be, to the applicant.

9. (1) Eolas shall withdraw an EEC pattern approval certificate issued under Regulation 5 of these Regulations if it has reason to believe that the approval should not have been granted.

(2) Eolas shall withdraw an EEC pattern approval certificate issued under Regulation 5 of these Regulations if it has reason to believe that gas cylinders of the type for which approval was granted fail to conform to the approval and either--

( a ) the cylinders concerned constitute a safety hazard, or

( b ) the manufacturer fails to comply with a written request from Eolas to make within the time specified in the request, the appropriate manufacturing changes necessary to conform to the approval; except that the approval need not be withdrawn if the changes are minimal, or have no fundamental effect on the design of the cylinder or on manufacturing methods.

(3) ( a ) On taking a decision refusing to grant, or withdrawing an EEC pattern approval certificate, Eolas shall, as soon as practicable thereafter, send to the applicant a notice in writing of that decision.

( b ) On taking a decision refusing to affix the appropriate EEC verification mark or refusing to issue the appropriate EEC verification certificate the inspection body shall, as soon as practicable there-after, send to the applicant a notice in writing of that decision.

(4) The notices referred to at subparagraphs (a) and (b) of Paragraph (3) of this Regulation shall

( a ) state the grounds on which they were based,

( b ) inform the applicant of his right to appeal under Regulation 12, and

( c ) inform the applicant of the time limit for making such an application.

10. (1) In this Regulation "the Article 22 procedure" is the procedure specified in Article 22 of the Framework Directive whereby a manufacturer wishing to export a pressure vessel, which is subject to that Directive but not subject to the requirements of a Separate Directive, may have the vessel verified as conforming to the design requirements imposed by the law of the Member State to which the vessel is to be exported.

(2) A manufacturer may, on payment of the appropriate fee, make an application under the Article 22 procedure to Eolas.

(3) Eolas may, with the consent of the Minister and following consultation with the Minister for Labour, appoint a body (or bodies) of persons in accordance with the provisions of Paragraphs (4) and (5) of this Regulation to verify pressure vessels under the Article 22 procedure.

(4) In making the appointment referred to in Paragraph (3) of this Regulation, Eolas shall take into account the minimum criteria set out in Paragraphs 1 to 7 of Annex III of the Framework Directive; and for the efficient and proper functioning of such a body it may, in making such an appointment, impose such conditions as it thinks fit.

(5) The provisions under Regulation 6 (3) and (4) of these Regulations shall apply to an appointment under Paragraph (3) of this Regulation as they apply to the appointment of an inspection body under that Regulation.

(6) An application for verification under the Article 22 procedure shall be made and dealt with in accordance with the procedure laid down in Annex IV of the Framework Directive.

(7) Eolas shall be responsible for discharging in the State the functions placed on the recipient administration by Annex IV of the Framework Directive.

11. The Minister may prohibit temporarily the marketing of pressure vessels covered by these Regulations where he is of the opinion that one or more pressure vessels, although satisfying the requirements of the Framework Directive and Separate Direcitves as implemented by these Regulations, constitute a safety hazard.

12. (1) Any person aggrieved by a decision of Eolas refusing to grant an EEC pattern approval certificate or withdrawing such certificate may appeal to the Minister for a review of the decision.

(2) Any manufacturer who is aggrieved by a decision of an inspection body refusing to affix the appropriate EEC verification mark or refusing to issue the appropriate EEC verification certificate may appeal to the Minister for a review of the decision.

(3) On an appeal under these Regulations the Minister--

( a ) shall have the same powers and duties as Eolas and the inspection bodies have under these Regulations,

( b ) may hold an enquiry in connection with the appeal, and

( c ) may appoint an assessor for the purpose of assisting him with the appeal or enquiry.

(4) An appeal under these Regulations shall be made by written notice to the Minister which shall be lodged with him not later than 14 days from the date on which the notice of the decision in respect of which the appeal is made was given.

(5) A notice of appeal under these Regulations shall state the grounds on which the appeal is made and shall be accompanied by the following documents--

( a ) a copy of the application for EEC pattern approval or verification, as the case may be, and of every other document submitted to Eolas, or an inspection body, in connection with the relevant application, and

( b ) a copy of the notice from Eolas referred to in Regulation 9 (3) (a) of these Regulations or a copy of the notice from the inspection body referred to in Regulation 9 (3) (b) of these Regulations.

(6) Where an appeal has been made, the manufacturer shall retain the gas cylinders which are the subject of the appeal until the time the appeal has been determined, and he shall, if required by the Minister, make them available for inspection by a person appointed by the Minister.

(7) If, on conducting an appeal, the Minister confirms the decision of Eolas or the inspection body, he may require payment of any fees and costs which he has incurred in conducting the appeal from the applicant.

13. (1) Subject to Paragraph (3) of this Regulation, no person shall affix to a gas cylinder--

( a ) an EEC pattern approval mark described in the Framework Directive or in one of the Separate Directives, or

( b ) any mark liable to be confused with such marks, unless the cylinder is of a type in respect of which an EEC pattern approval certificate, has been granted for the purposes of these Regulations and is in force.

(2) No person, other than an inspection body, shall affix to a gas cylinder the EEC verification marks referred to in Regulation 7 (4) of these Regulations and no person shall affix to a gas cylinder any mark liable to be confused with the EEC verification marks.

(3) Paragraph (1) of this Regulation shall not apply to a sample cylinder to be submitted to Eolas in connection with an application for EEC pattern approval.

14. ( a ) The Minister may appoint persons to be authorised officers for the purposes of these Regulations and may revoke any such appointment.

( b ) An authorised officer shall be furnished with a warrant of his appointment and when exercising any power to which the provisions of these Regulations apply shall, if so required, produce the warrant to any person affected.

15. (1) An authorised officer may, on production of the authorisation of the officer if so required, at all reasonable times enter any premises, ship or other vessel, aircraft, railway wagon or other vehicle, in which he has reasonable grounds for believing that pressure vessels to which these Regulations apply are being manufactured, used, kept, stored, sold or prepared for sale or are being transported for sale and there or at any other place--

( a ) inspect and take copies of or extracts from any books, records or other documents which he finds in the course of his inspection, and

( b ) make such examinations, tests and inspections, and take samples of any materials or articles as he may consider appropriate for the purposes of the Regulations.

(2) A person in charge or any premises, ship or other vessel, aircraft, railway wagon or other vehicle, and any person employed in connection therewith, shall--

( a ) afford to an authorised officer such facilities and assistance as are reasonably necessary to enable the officer to perform his functions under these Regulations;

( b ) produce to an authorised officer any books, documents or other records which are in that person's power or control and to give to him such information as he may reasonably require in regard to any entries in such books, documents or records;

( c ) give to an authorised officer any information the officer may require in regard to the persons carrying on such trade, business or activity (including, in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and of its committee of management or other controlling authority) or employed in connection therewith;

( d ) give to an authorised officer any other information which he may reasonably require.

16. (1) A person who--

( a ) obstructs or interferes with an authorised officer in the course of exercising a power conferred on him by these Regulations or fails or refuses to comply with a request made by, or to answer a question asked by, an authorised officer pursuant to these Regulations, or

( b ) contravenes Regulation, 13 of these Regulations, shall be guilty of an offence.

(2) Where an offence under these Regulations is proved to have been committed with the consent or connivance of a person who is a director, member of the committee of management or other controlling authority of a body corporate or a manager, secretary or other officer of the body corporate or to have been facilitated by any neglect on the part of any such person, that person shall also be deemed to have committed an offence.

(3) Any person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(4) Notwithstanding Section 10 (4) of the Petty Sessions (Ireland) act, 1851, proceedings for an offence under these Regulations may be instituted at any time within one year from the date on which the offence was committed.

17. An offence under these Regulations may be brought and prosecuted by the Minister.

GIVEN under my Official Seal, this 21st day of March, 1989.

RAY BURKE,

Minister for Industry and

Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to EEC Directives on the approximation of the laws of the Member States relating to pressure vessels. The Regulations apply to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders and welded unalloyed steel gas cylinders and to pressure vessels subject to the Framework Directive but not to a Separate Directive as in the case of gas cylinders.

The Regulations come into effect on the 1st day of May, 1989. They provide, inter alia, for (i) Eolas to issue EEC pattern approval to manufacturers in respect of gas cylinders which conform to the Directives, (ii) the appointment by Eolas of inspection bodies to issue EEC verification for gas cylinders; (iii) the verification of pressure vessels, subject to the Framework Directive but not to a Separate Directive, in order to ensure conformity to the design requirements of the Member States to which they are being exported, and (iv) a review by the Minister, at the request of a person aggrieved of a decision of Eolas or an inspection body in relation to EEC pattern approval or EEC verification.