Appendix 1

Publication of the directions and so forth of transportable pressure equipment on off-shore installations, etc. 1)

In accordance with section 4 a, section 18 (1). 6, section 43, section 61, paragraph 1. 4, section 65 (3). 2, section 67 (4). 4, no. Paragraph 1, and section 72, paragraph 1. 1, in the law on offshore installations for investigation, production and transport of hydrocarbons (off-shore security law), cf. Law Order no. 520 of 13. May 2013 :

Scope of application

§ 1. This notice carries out parts of the European Parliament and Council Directive 2010 /35/EU on transportable pressure equipment. The Directive is included in Annex 1 to this notice.

§ 2. The notice shall apply to off-shore, as defined in the section 2 of the offshore security law.

Paragraph 2. The notice shall also apply to accommodation facilities on ships and devices which are not subject to the definition of the offshore security law in section 2 (2). 1 and where persons working on an offshore installation shall be accommoded to the extent that it is important for the safety and health of the persons involved, cf. Section 2 of the Energy Management Notice No 509 of 11. May 2011 on the extension of the scope of the offshore safety law.

Paragraph 3. The notice shall also apply to the activities of associated jobs, accommodation facilities, equipment, etc., on other ships and in any direction other than those referred to in section 3 (3) of the Offshore Safety Act. 3 and 4 (special vessels etc.) and which are not covered by the definition of the section 2 (2) of the off-shore safety law. 1, to the extent the activities are directly or indirectly linked to the investigation and production of hydrocarbons, cf. Section 3 of the Energy Management Notice No 509 of 11. May 2011 on the extension of the scope of the offshore safety law.

Paragraph 4. The notice shall also apply to the activities of offshore installations which have not been mentioned in section 2 (2). 1, in the off-shore safety law and covered by the underground law and have health and health implications, cf. Section 4 of the Energy Management Notice No 509 of 11. May 2011 on the extension of the scope of the offshore safety law.

§ 3. The notice shall apply to transportable pressure equipment, defined and defined in Articles 1 and 2 of the Directive.

Paragraph 2. Section 102 of the Climate, Energy and Building Ministry notice no. 830 of 27. June 2013 on mobile offshore facilities, etc., and section 112 of the Climate, Energy and Building Department's notice No 831 of 27. June 2013 on the construction, construction and equipment of fixed offshore installations and pipelines shall not apply to transportable pressure equipment covered by this notice.

§ 4. The announcement shall apply to manufacturers, their authorised representatives, importers, distributors, owners, users, notified bodies and others obliged under the directive, cf. Annex 1.

General provisions

§ 5. The transportable pressure equipment must be put into circulation only, made available on the market or used, provided that it does not pose a risk to human health or safety.

Paragraph 2. The transportable pressure equipment must also comply with the provisions of Annex 1.

Paragraph 3. Manufacturers, their authorized representatives, importers, distributors, owners, users, notified bodies and others obliged pursuant to the Directive, in accordance with the Directive. Annex 1 shall comply with the requirements laid down by this notice.

Paragraph 4. The safety and health risks associated with the use of transportable pressure equipment are presumed to be reduced as much as it is reasonably practicable when it bears the conformity marking and where it is ; required is accompanied by a declaration of conformity, cf. Section 5 (5). 1, in Law No 1. 155 of 20. February 2013, on the introduction of certain products, etc.

Paragraph 5. The safety and health risks associated with the use of transportable pressure equipment are presumed to be reduced as much as it is reasonably practicable when it is produced in accordance with harmonised standards, the references are published in the Official Journal of the European Union, cf. Section 5 (5). Two, in Law No 155 of 20. February 2013, on the introduction of certain products, etc.

§ 6. Where pressure vessels are serialized, the DEA may allow the reassessment of the conformity assessment of individual pressure containers for transport and the ventilator and other accessories to be carried out by a notified body responsible for periodic testing ; inspection of the relevant transportable pressure vessels, provided that the conformity of this type has been assessed in accordance with Annex III (3) of the Directive, by a notified body of type A responsible for the renewal ; conformity assessment, and that a certified statement has been issued for the review of this type. After the pi marking, the identification number of the notified body responsible for the periodic inspection shall be recorded.

Notified bodies

§ 7. The DEA may appoint notified bodies, cf. Directive 4 of the Directive,

Paragraph 2. In order to be designated as notified body, the applicant shall, if established in Denmark, be accredited by the DANAK, cf. notice of the appointment of the national accreditation body.

Paragraph 3. In order to be designated as notified body, the applicant must be accredited by an accredited accreditation body in the applicant country of the applicant country of the applicant country, where the accreditation body has signed it. European cooperation organization for the Aaccreditation body (EA) multilateral agreement on mutual recognition.

Paragraph 4. The accreditation under paragraph 1. 2 and 3 shall be carried out in relation to the assignment requested for identification and ensure that the minimum requirements laid down in Chapter 4 of this Directive are met.

Paragraph 5. In order to be designated as notified body, the applicant must comply with Chapter 4 of this Directive. The Agency for Energy Management may provide additional conditions other than those laid down in the Annex.

Paragraph 6. The management of energy management controls and oversee the conformity of the notified bodies at any time in accordance with Chapter 4 of this Directive. The notified body may, at the request of this request, be requested to provide all relevant information, including the budgetary dossiers.

Paragraph 7. The Energy Management Board shall withdraw the authorization if it is established that the notified body no longer fulfils the criteria for the authorization, cf. paragraph 1-5.

§ 8. The cost of the energy management shall be reimbursed by the applicant for the purposes of the Energy Management Processing of Applications to be notified by the power of the Management Board.

Paragraph 2. Paragraph 1 shall apply regardless of whether or not the applicant is appointed as notified body, or there is a dissent or withdrawn request.

Paragraph 3. The costs of paragraph 1. 1 shall be calculated in accordance with the notice of the reimbursement of expenses incurred by the competent authority in relation to hydrocarbine activity and so on.

Crow

§ 9. The decision of the energy management shall not be brought to the second administrative authority following this notice.

§ 10. Decisions made by notified bodies may be submitted to the Energy Clause in accordance with Article 67 (4) of the Offshore Safety Act. Two and three.

Punishment

§ 11. Unless higher penalties have been inflited on the off-shore security law or any other legislation, the penalty shall be punished by the penalty which :

1) is breaching section 5 (5). 1-3, and provisions in Annex 1, or

2) shall not be imposed or prohibitions issued pursuant to the provisions of the notice of the notice.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Entry into force and transitional provisions

§ 12. The announcement shall enter into force on 1. July, 2013.

Paragraph 2. In the case of transportable pressure equipment that has been put into circulation or made available on the market before the date of entry into force of the notice, the applicable rules shall apply.

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Appendix 1

The annex has been reproduced by Directive 2010 /35/EU of the European Parliament and of the Council of 16. June 2010 on transportable pressure equipment and repeal Council Directive 76 /7 6 7 / EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC

Directive 2010 /35/EU of the European Parliament and of the Council of 16. June 2010 on transportable pressure equipment and repeal Council Directive 76 /7 6 7 / EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION HAVE-

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee 1) ,

After consultation of the Committee of the Regions,

following the ordinary legislative procedure, 2) , and

in the following considerations :

(1) Council Directive 1999 /36/EC of 29. April 1999 on transportable pressure equipment 3) was adopted as a first step towards greater security in the transport of transportable pressure equipment, while ensuring the free movement of transportable pressure equipment on the internal transport market.

(2) In the light of developments in transport security, it is necessary to update some of the technical requirements laid down in Directive 1999 /36/EC.

(3) In order to harmonise conditions for the transport of dangerous goods by road, rail and inland waterways at EU level, it became aware of Directive 2008 /68/EC of the European Parliament and of the Council of 24. September 2008 on the inland transport of dangerous goods 4) the provisions of certain international agreements should certainly be extended to national traffic as well.

(4) Therefore, in order to avoid conflicting rules, it is necessary to update the requirements of Directive 1999 /36/EC in accordance with this, in particular as regards conformity assessment, conformity assessment and assessment of conformity assessment procedures, transportable pressure equipment.

(5) In order to increase the safety of transportable pressure equipment approved for domestic transport of dangerous goods, and to ensure the free movement of such equipment, including turnover, market availability and use in The Union is required to lay down detailed rules governing the obligations of the various parties involved and the requirements for which the equipment in question must be met.

(6) Decision no. 768 /2008/EC of 9. July 2008 on a common framework for the marketing of products 5) constitute a general horizontal framework for the future legislation to harmonise the marketing conditions governing the marketing of products. This framework should, in the relevant cases, be used for transportable pressure equipment in accordance with the objective of harmonising the rules on the free movement of products.

(7) In order not to create barriers to transport between Member States and third countries, this Directive should not apply to transportable pressure equipment which is used exclusively for the transport of dangerous goods between the Union and a third country ; area.

(8) In the interests of transport safety and the free movement of transportable pressure equipment, full clarity should be given to the obligations of the various operators, including owners and users of portable operators ; pressure equipment.

(9) It should be imposed on operators in relation to the role of each player in the supply chain, to ensure that transportable pressure equipment is in accordance with the safety rules and market access rules.

(10) The compliance of the transportable pressure equipment with the technical requirements set out in the Annexes to Directive 2008 /68/EC and this Directive should be reimbursable by means of a conformity assessment as evidence of the safety of the equipment.

(11) periodic, intermediate and exceptional inspection of transportable pressure equipment in accordance with the Annexes to Directive 2008 /68/EC and this Directive should be carried out to ensure that safety requirements are continually met.

(12) In order to ensure the free movement and free use of pressure equipment, it must bear a label showing that it complies with Directive 2008 /68/EC and this Directive.

The present Directive should not apply to transportable pressure equipment which had been put into circulation before the applicable implementation date of Directive 1999 /36/EC and which have not been re-evaluated.

(14) Where existing transportable pressure equipment which has not previously been assessed in accordance with Directive 1999 /36/EC shall be subject to free movement and free use, it should be subject to a conformity assessment.

(15) In order to ensure a uniform quality level for the activities of the notified bodies, it is necessary to lay down requirements that authorities responsible for the assessment, notification and surveillance of notified bodies must comply.

(16) The conformity assessment procedures in the Annexes to Directive 2008 /68/EC and in this Directive require that inspection bodies lay down detailed operational requirements in order to ensure a uniform level of performance throughout the Union. Subsequently, Member States should notify the Commission of the inspection bodies.

(17) In order to avoid any doubt about the responsibility of continuous monitoring, the authorising authority must always be responsible for monitoring the notified body, regardless of where the notified body exercises its activities.

(18) Common rules are required for the mutual recognition of the notified bodies which ensure compliance with Directive 2008 /68/EC and this Directive ; such common rules will eliminate unnecessary costs and administrative procedures in : a connection with the approval of the equipment and to clear the technical barriers to trade.

Member States should be able to take measures to restrict or prohibit the circulation and use of equipment, provided that equipment poses a safety hazard under certain, specific circumstances, including when this equipment is in conformity ; Directive 2008 /68/EC and this Directive.

The Commission should draw up specific guidelines in order to facilitate the practical implementation of the technical provisions of this Directive, taking into account the results of the experience exchange as provided for in Articles 28 and 29.

(21) The Commission, in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU), should be given the power to adopt delegated acts in respect of certain adjustments to the Annexes. In particular, it is important for the Commission to conduct relevant consultations during its preparatory work, including at expert level.

(22) Council Directive 76 /767/EEC of 27. July 1976 on the approximation of the laws of the Member States relating to common rules for pressure vessels and control methods for these 6) , Council Directive 84 /525/EEC of 17. September 1984 on the approximation of the laws of the Member States relating to seafarable gas cylinties 7) , Council Directive 84 /526/EEC of 17. September 1984 on the approximation of the laws of the Member States relating to sweetenless gas cylinties of the aluminium and aluminium alloy, 8) , Council Directive 84 /527/EEC of 17. September 1984 on the approximation of the laws of the Member States relating to welded gas cylinties of inconvenience steel 9) and Directive 1999 /36/EC is obsolete and should therefore be repealed.

(23) In accordance with paragraph 34 of the Interinstitutional Agreement on Better Lawmaking 10) Member States shall be encouraged, both in their own and in the Union ' s interest, to draw up and publish their own views as far as possible, as far as possible in compliance with this Directive and the implementing measures,

ATTACHED TO THIS DIRECTIVE :

CHAPTER 1

SCOPE AND DEFINITIONS

ARTICLE 1

Scope of application

1. This Directive lays down detailed rules for transportable pressure equipment to increase safety and ensure the free movement of persons within the Union.

2. This Directive shall apply to :

a) new transportable pressure equipment as defined in Article 2 (2), 1 not equipped with conformity marking as referred to in Directive 84 /5 2 5 / EEC, 84 /526/EEC, 84 /527/EEC or 1999 /36/EC as regards its availability on the market ;

b) transportable pressure equipment as defined in Article 2 (2), 1, bearing the marking of conformity as referred to in this Directive or Directives 84 /526/EEC, 84 /527/EEC or 1999 /36/EC, as regards periodic, intermediate and exceptional inspection of the equipment and its application ;

c) transportable pressure equipment as defined in Article 2 (2), 1 which do not have conformity marking as referred to in Directive 1999 /36/EC as regards the review of conformity assessment.

3. This Directive shall not apply to transportable pressure equipment which had been put into circulation before the implementation date of Directive 1999 /36/EC and which have not been re-evaluated.

4. This Directive shall not apply to transportable pressure equipment which is used exclusively for the transport of dangerous goods between Member States and third countries in accordance with Article 4 of Directive 2008 /68/EC.

ARTICLE 2

Definitions

For the purposes of this Directive :

1) ' transportable pressure equipment ` means :

a) all pressure vessels and related valves and, where appropriate, accessories, cf. Chapter 6.2 of the Annexes to Directive 2008 /68/EC,

b) tanks, battery vehicles and multi-purpose gas containers (MEGC ' s) and associated valves and, where appropriate, accessories, cf. Chapter 6.8 of the Annexes to Directive 2008 /68/EC

when equipment under (a) or (b) is used in accordance with those Annexes to the transport of gases in Class 2, but not gases and objects with the numbers 6 and 7 of the classification code, and to the transport of dangerous substances in other classes which are listed in Annex I ;

The transportable pressure equipment shall also include gas rates (UN No 2). 2037, but not aerosols (UN no. 1950), open cryogen containers, gas cylinders for respiratory equipment, extinguishers (UN No, 1044), transportable pressure equipment which is exempt under section 1.1.3.2 of the Annexes to Directive 2008 /68/EC and the transportable pressure equipment exempted from the rules for the construction and testing of packaging, in accordance with a specific case ; the provision in point 3.3 of the Annexes to Directive 2008 /68/EC,

2) ' Annexes to Directive 2008 /68/EC ' : Annex I, Part I. 1, Annex II, Part II, and Annex III, Part III, Part III of Directive 2008 /68/EC,

3) ' business ' shall mean the initial availability of transportable pressure equipment on the EU market ;

4) ' make available on the market ` shall mean any supply of transportable pressure equipment for the purposes of distribution or use in the EU market as part of business activity or public service, courage or non-remuneration ;

5) ' use ' means filling, temporary storage for transport, loading and restocking of transportable pressure equipment ;

6) ' withdrawal ` shall mean any measure intended to prevent the availability of transportable pressure equipment on the market or used ;

7) ' revocation ` shall mean any measure intended to obtain the availability of transportable pressure equipment already made available to the end user,

8) ' manufacturer ` means any natural or legal person who manufactures transportable pressure equipment or parts thereof, designed or manufactured and marketed under his name or trade mark ;

9) ' authorised representative ` shall mean any natural or legal person established in the Union who have received a written power of authority from the manufacturer to act on his behalf in the context of the taking of specific tasks ;

10) ' importer ` shall mean any natural or legal person established within the Union and which brings the transportable pressure equipment or parts thereof from a third country in the EU market for turnover ;

11) ' distributor ` shall mean any natural or legal person established in the Union in the supply chain, except for the manufacturer and the importer who make transportable pressure equipment or parts thereof available on the market ;

12) ' owner ` shall mean any natural or legal person established within the Union and which owns transportable pressure equipment,

13) ' user ` shall mean any natural or legal person established within the Union and which uses transportable pressure equipment ;

14) ' operator ' means a manufacturer, a authorised representative, an importer, a distributor, an owner or a user acting in the business or public service to or without remuneration ;

15) ' conformity assessment ` shall mean the assessment of conformity and procedure for this assessment as set out in the Annexes to Directive 2008 /68/EC,

16) ' mai-labelling ` shall mean a marking indicating that the transportable pressure equipment is in accordance with the applicable conformity assessment requirements as laid down in the Annexes to Directive 2008 /68/EC and in this Directive ;

17) ' renewal of conformity ` shall mean the procedure for purposes of the application by the owner or by the user, subsequently to assess the conformity of transportable pressure equipment produced and put into circulation before the date of implementation of Directive 1999 /36/EC,

18) ' periodic inspection ` shall mean periodic inspection and periodic inspection procedure as laid down in the Annexes to Directive 2008 /68/EC ;

(19) " intermediate inspection " shall mean the interim inspection and intermediate inspection procedure as laid down in the Annexes to Directive 2008 /68/EC ;

20) "extraordinary oversight" shall mean extraordinary oversight and the procedure for exceptional inspection as laid down in the Annexes to Directive 2008 /68/EC ;

21) ' national accreditation body ` means the only body in a Member State with a State authority to carry out accreditation ;

(22) ' accreditation ' means an attestation by a national accreditation body that a notified body complies with the requirements laid down in paragraphs 1.8.6.8, second subparagraph, in the Annexes to Directive 2008 /68/EC ;

23) ' authoritative authority ` shall mean the authority designated by a Member State pursuant to Article 17 ;

24) ' notified body ' means an inspection body which meets the requirements of the Annexes to Directive 2008 /68/EC and in Articles 20 and 26 of this Directive and which has been notified in accordance with Article 22 of this Directive ;

25) ' notification ` shall mean the process whereby an inspection body receives the status of a notified body, including the disclosure of this information to the Commission and the Member States ;

26) ' market surveillance ` shall mean activities carried out and measures taken by the public authorities to ensure that transportable pressure equipment throughout its life is in accordance with the requirements of Directive 2008 /68/EC and this ; Directive and not to the detriment of health and safety or other aspects related to the protection of social interests.

ARTICLE 3

Local requirements

Member States may, on their territory, lay down local requirements applicable to the retention of transportable pressure equipment and the local use of the transportable pressure equipment and local application of the transport equipment. However, Member States may not impose additional requirements on the transportable pressure equipment itself.

CHAPTER 2

OBLIGATIONS OF THE BUSINESS VENTURE

ARTICLE 4

Obligations of manufacturer

1. when a manufacturer brings its transportable pressure equipment into circulation, he shall ensure that it is designed, constructed and documented in accordance with the requirements of the Annexes to Directive 2008 /68/EC and this Directive.

2. When the compliance of the transportable pressure equipment with the applicable requirements has been documented by a conformity assessment as described in the Annexes to Directive 2008 /68/EC and in this Directive, the manufacturer must affix the pi-labelling in in accordance with Article 15 of this Directive.

3. The manufacturer must keep the technical documentation, as set out in the Annexes to Directive 2008 /68/EC. The documentation must be kept in the period specified therein.

4. If a manufacturer finds or has reason to believe that the transportable pressure equipment he has put into circulation does not comply with the Annexes to Directive 2008 /68/EC or this Directive, he shall ensure that they are made necessary ; corrective measures to bring the transportable pressure equipment concerned in accordance with the legislation, to withdraw it from the market or to call it back, if necessary. In addition, where the transportable pressure equipment is a risk, the manufacturer must immediately inform the competent national authorities of the Member States where he has made the equipment available, to inform the competent national authorities of this information and provide details of the specific information, non-compliance with the legislation and corrective measures taken.

5. The manufacturer must document all such cases of non-compliance and corrective measures.

6. The manufacturer must, on the basis of a competent national authority ' s reasoned request, provide it with all the information and documentation necessary to establish the conformity of the transportable pressure equipment with the legislation on the basis of one for this authority easily intelligible. He shall, if so requested, cooperate with it in the case of measures taken to avoid risks of transportable pressure equipment that he has put into circulation.

7. The manufacturer must provide information only to users who comply with the requirements of the Annexes to Directive 2008 /68/EC and of this Directive.

Article 5

Authorised representatives

1. The manufacturer may, by written authorization, designate a authorised representative.

The duties referred to in Article 4 (1). The preparation of a technical dossier may not be part of the authorised representative power of attorney.

2. Authorised representatives shall perform the duties provided for in the mandate they have received from the manufacturer. The mandate shall, at least, enable the authorised representative to :

a) to ensure that the technical documentation is available for the national regulatory authorities of at least the period specified in the Annexes to Directive 2008 /68/EC ;

b) on the basis of reasoned national authority, on the basis of the reasoned request of the competent national authority, to give all the information and documentation necessary to establish the conformity of the transportable pressure equipment with the legislation of one for that, Understandably simple language authority

c) to cooperate with the national competent authorities, if so requested, of the measures taken to avoid the risks of the transportable pressure equipment subject to the power of the power of the power of the full power.

3. The name and address of the authorised representative must be indicated on the certificate of conformity referred to in the Annexes to Directive 2008 /68/EC.

4. The authorized representative shall provide information only to users who comply with the requirements of the Annexes to Directive 2008 /68/EC and of this Directive.

ARTICLE 6

Importer obligations

1. The importer may only carry transportable pressure equipment that is in accordance with the Annexes to Directive 2008 /68/EC and this Directive, in circulation on the EU market.

2. before an importer brings transportable pressure equipment into circulation, he shall ensure that the manufacturer has completed the relevant conformity assessment procedure. He shall ensure that the manufacturer has produced the technical documentation and that the transportable pressure equipment is equipped with the pi marking and is accompanied by the certificate of conformity referred to in the Annexes to Directive 2008 /68/EC.

If an importer finds or has reason to believe that the transportable pressure equipment is not in conformity with the Annexes to Directive 2008 /68/EC or this Directive, he shall not put the equipment in circulation until it has been put into : in addition, compliance with the applicable requirements ; in addition, when transportable pressure equipment presents a risk, the importer must notify the manufacturer and market surveillance authorities accordingly.

3. The name and contact address of the importer shall be listed in or attached to the certificate of conformity referred to in the Annexes to Directive 2008 /68/EEC.

4. The importer shall ensure that the storage and transport conditions for transportable pressure equipment for which he is responsible do not jeopardism its compliance with the requirements of the Annexes to Directive 2008 /68/EC.

5. If an importer finds or has reason to believe that transportable pressure equipment that he has put into circulation does not comply with the Annexes to Directive 2008 /68/EC and this Directive, he shall ensure that they are made necessary ; corrective measures to bring the transportable pressure equipment concerned in accordance with the legislation, to withdraw it from the market or to call it back, if necessary. In addition, where the transportable pressure equipment presents a risk, the importer must immediately inform the manufacturer and the competent national authorities of the Member States where he has made the equipment available to it and provide details of : in particular the non-compliance with the legislation and corrective measures taken.

The importer shall demonstrate all such cases of non-compliance and corrective measures.

6. The importer shall keep at least the period specified in the Annexes to Directive 2008 /68/EC for producers, a copy of the technical documentation, so that it is available to market surveillance authorities and ensure that the technical documentation may be available ; be made available to those authorities if they so request.

7. The importer shall, on the basis of a competent national authority ' s reasoned request, provide it with all the information and documentation necessary to establish the conformity of the transportable pressure equipment with the legislation, in respect of which : this authority easily intelligible. He shall, if requested by this authority, cooperate with the measures taken in order to avoid risks such as transportable pressure equipment that he has put into circulation.

8. The importer provides information only to users who are in compliance with the requirements of the Annexes to Directive 2008 /68/EC and this Directive.

Article 7

Obligations of Distributor

1. The distributor may only make transportable pressure equipment that is in accordance with the Annexes to Directive 2008 /68/EC and this Directive, which are available on the EU market. Before a distributor makes transportable pressure equipment available on the market, he shall check that it is equipped with the required pi marking and that it is accompanied by the certificate of conformity and the certificate of conformity in Article 6 (2). The contact address referred to in this Directive shall be 3, in this Directive.

If a distributor finds or has reason to believe that transportable pressure equipment is not in accordance with the Annexes to Directive 2008 /68/EC or with this Directive, he must first make available the equipment available on the market after it is ; In addition, in accordance with the applicable requirements, the distributor shall, when the transportable pressure equipment presents a risk, inform the manufacturer or the importer and the market surveillance authorities accordingly.

2. The district of the district shall ensure that the storage and transport conditions for transportable pressure equipment for which he is responsible do not jeopardism its compliance with the requirements of the Annexes to Directive 2008 /68/EC in jeopardising.

3. If a distributor finds or has reason to believe that transportable pressure equipment that he has made available on the market is not in conformity with the Annexes to Directive 2008 /68/EC and this Directive, he shall make sure that they are made available ; the necessary corrective measures to bring the relevant transportable pressure equipment concerned in accordance with the legislation, withdraw it from the market or to call it back, if necessary. In addition, if the transportable pressure equipment is a risk, the distributor shall immediately inform the manufacturer, the importer, where appropriate, and the competent national authorities of the Member States where he has made the equipment available, this, and shall provide further details of the non-compliance with the legislation and corrective measures taken.

The distributor shall record all such cases of non-compliance and corrective measures.

4. The distributor shall, on the basis of a competent national authority ' s reasoned request, provide it with all the information and documentation necessary to demonstrate the conformity of the transportable pressure equipment with the legislation, on a basis, this authority easily intelligible. He shall, if requested by this authority, cooperate with the measures taken in order to avoid risks of transportable pressure equipment which he has made available on the market.

5. The district manager only provides information to users who are in compliance with the requirements of the Annexes to Directive 2008 /68/EC and this Directive.

ARTICLE 8

Obligations of ownership

1. If an owner finds or has reason to believe that transportable pressure equipment is not in conformity with the Annexes to Directive 2008 /68/EC, including the requirement for periodic inspection or this Directive, he must not render the equipment be made available or use it before it has been brought into conformity with the applicable requirements ; in addition, when transportable pressure equipment presents a risk, the owner must notify the manufacturer, the importer or the distributor, and market surveillance authorities to this effect.

The owner must document all such cases of non-compliance and corrective measures.

2. The owner shall ensure that the storage and transport conditions for transportable pressure equipment for which he is responsible do not jeopardism its compliance with the requirements of the Annexes to Directive 2008 /68/EC.

3. The owner provides information only to users who are in compliance with the requirements of the Annexes to Directive 2008 /68/EC and this Directive.

4. This Article shall not apply to private individuals who intend to use or use transportable pressure equipment for personal or domestic use, or in connection with recreational or sports activities.

Article 9

User Responsibilities

1. The user may use transportable pressure equipment only in accordance with the requirements of the Annexes to Directive 2008 /68/EC and of this Directive.

2. In addition, when the transportable pressure equipment is a risk, the user shall inform the owner and the market surveillance authorities accordingly.

Article 10

Co-trap in which the manufacturer ' s obligations are applicable to the importer and the distributor

An importer or distributor shall be deemed to be a manufacturer of the meaning of this Directive and shall be subject to the same obligations as the manufacturer, cf. Article 4, when he puts the transportable pressure equipment into circulation under his name or trade mark or alteration of equipment already in circulation, in such a way that it may affect compliance with the applicable requirements.

Article 11

Identification of traders

At the request of the market surveillance authorities, operators shall, at least 10 years, be placed on the basis of such identification :

a) any operator who supplied the transportable pressure equipment ;

b) any operator whom they have delivered transportable pressure equipment.

CHAPTER 3

CONFORMITY OF THE TRANSPORTABLE PRESSURE EQUIPMENT

Article 12

conformity and assessment of the transportable pressure equipment

Paragraph 1 (1). Point 2 (a) of transportable pressure equipment must meet the relevant requirements for conformity assessment, periodic inspection, interim inspection and exceptional inspection in the Annexes to Directive 2008 /68/EC and in Chapters 3 and 4 of the Annex ; this Directive.

Article 1 (2). The transportable pressure equipment referred to in point (b) must meet the specifications of the documentation produced in accordance with it. The equipment shall be subject to periodic, intermediate and exceptional inspection in accordance with the Annexes to Directive 2008 /68/EC and in accordance with the requirements of Chapters 3 and 4 of this Directive.

3. Attest concerning conformity assessment and review of conformity assessment and periodic inspection reports, intermediate and exceptional inspections, issued by a notified body, shall be valid in all Member States.

The essential components of recyclable transportable pressure equipment may be subjected to a separate conformity assessment.

ARTICLE 13

Renewal Assessment

A reassessment of conformity of the provisions referred to in Article 1 (1). Point (c) of the transportable pressure equipment referred to in Annex III to this Directive shall be carried out in accordance with the procedure for the review of the conformity assessment in Annex III to this Directive.

The Pi marking shall be affixed in accordance with Annex III to this Directive.

ARTICLE 14

General principles for pi-labelling

1. The marking must be affixed only by the manufacturer or, in the case of a reassessment of conformity, as set out in Annex III. In the case of gas cylincts, which so far comply with the requirements of Directive 84 /5 2 5 / EEC, 84 /526/EEC or 84 /527/EEC, place the pi-marking of the notified body or under the surveillance system.

2. Pi marking must be affixed only to transportable pressure equipment, as :

a) comply with the conformity assessment requirements in the Annexes to Directive 2008 /68/EC and in this Directive ; or

b) comply with the requirements for a review of conformity assessment in Article 13.

It must not be placed on any other transportable pressure equipment.

In the case of affixing or placing the pi marking, the manufacturer indicates that he is responsible for the conformity of the transportable pressure equipment with all applicable requirements in the Annexes to Directive 2008 /68/EC and in this Directive.

In the case of this Directive, the labelling system is the only marking that certifies the conformity of transportable pressure equipment with the requirements in force in the Annexes to Directive 2008 /68/EC and of this Directive.

5. The transportable pressure equipment shall not be affixed to any transportable pressure equipment, signs and signs which may deceive third parties as to the meaning of the pi marking or the graphical design. Other labelling requirements may be placed on transportable pressure equipment, provided that visibility, readability and the significance of the pi-labelling are not diminishing as a result.

6...........................

Member States shall ensure that the rules for the use of the pi mark are properly implemented and take appropriate steps in the case of unlawful use of labelling. The Member States shall also introduce penalties for infringements, which may include criminal penalties for serious infringements. These penalties shall be proportionate to the seriousness of the infringement and shall have an effective preventive effect against unlawful use.

Article 15

Rules and conditions for the placing of pi-labelling

1. The Pi marking consists of a symbol of the following form :

2. Pi marking must have a height of at least 5 mm. For transportable pressure equipment with a diameter of 140 mm and below, height must be at least 2,5 mm.

3. The size conditions of the specimen in paragraph 1. One must be complied with. The waffing network is not part of the label.

4. Pi marking shall be affixed to the transportable pressure equipment or on the mark plate and of the aflame components of recyclable transportable pressure equipment having a direct impact on safety, so that it is visible, legible and cannot be found ; deleted.

5. Pi-marking shall be placed before new transportable pressure equipment or parts of recyclable transportable pressure equipment having a direct impact on safety shall be put into circulation.

After the pi marking, the identification number of the notified body which has participated in the first sight shall be recorded following the pi marking.

The identification number of the notified body must be affixed by the body itself or at its instructions by the manufacturer.

The identification number of the notified body responsible for the periodic inspection post shall be entered after the date of the periodic inspection or the interim inspection post.

8. In the case of gas cylinters, which so far comply with the requirements of Directive 84 /5 2 5 / EEC, 84 /526/EEC or 84 /527/EEC and are not marked by pi-marking, the identification number of the notified body shall be placed in the first periodic inspection to be carried out in the first period of time ; compliance with this Directive, after the pi marking.

Article 16

Free movement of transportable pressure equipment

A Member State may not prohibit, restrict or impediments in the path of free movement, market availability and use of transportable pressure equipment that is in accordance with this Directive in its territory, cf. however, the protective procedures provided for in Articles 30 and 31 of this Directive and of the provisions of Regulation (EC) No 2 ; 765/2008 11) established framework for market surveillance.

CHAPTER 4

AUTHORISED AUTHORITIES AND NOTIFIED BODIES

Article 17

Authorised authorities

1. Member States shall designate an authoritative authority responsible for the introduction and implementation of the procedures necessary for the assessment, notification and subsequent monitoring of notified bodies.

2. Member States may decide that the provisions of paragraph 1 shall be that the 1 the evaluation and monitoring shall be carried out by a national accreditation body as defined in and in accordance with Regulation (EC) No (EC) No ; 765/2008.

3. If the authoritative authority delegates, or otherwise, leave it in paragraph 1. This body must be a legal entity and with the necessary changes to the requirements referred to in Article 18 (2), or 1-6. In addition, this body must have taken measures to cover liability in the context of its activities.

4. The competent authority shall have full responsibility for the tasks of the tasks performed by the competent authority in paragraph 1. 3 mentioned bodies.

Article 18

Requirements concerning authoritative authorities

1. The authority of the authorising authority must be set up in such a way as to not create conflicts of interest with notified bodies.

2. The Authority shall be organised and work in such a way as to ensure objectivity and impartiality in its work.

3. The authority competent authority must be organized in such a way that all decisions on notification of the notified body must be taken by competent persons who are not identical to those carried out in the assessment.

4. The applicant authority shall not, on a commercial or competitive basis, carry out activities or provide advisory services carried out by notified bodies.

5. The authority of the authorising authority shall ensure that the information obtained is confidential.

6. The competent authority shall have an adequate competent staff for carrying out its tasks properly.

Article 19

Information requirements for authoritative authorities

Member States shall inform the Commission of their national procedures for the assessment, notification and monitoring of notified bodies and of any amendments thereto.

The Commission shall publish this information.

Article 20

Requirements concerning notified bodies

1. in relation to notification, a notified body must comply with the requirements of the Annexes to Directive 2008 /68/EC and of this Directive.

2. A competent authority referred to in the Annexes to Directive 2008 /68/EC may be a notified body if it satisfies the requirements of the Annexes to Directive 2008 /68/EC and in this Directive, and not at the same time acting as authorizing authority.

3. The notified body must be established in accordance with national law and be a legal person.

4. The notified body must participate in or ensure that its assessment staff are informed of the relevant standardization activities and activities in the coordinating group of notified bodies set up by Article 29 and in general ; guidelines shall apply the administrative decisions and documents resulting from the work carried out by the said group.

Article 21

Notification on notification

1. An inspection body shall lodge an application for notification to the authoritative authority of the Member State in which it is established.

2. The application shall be accompanied by a description of :

a) its activities relating to conformity assessment, periodic inspection, interim inspection, exceptional inspections and reassessment assessment ;

b) its procedures for the activities referred to in (a) ;

c) the transportable pressure equipment, the body claims to be competent ;

d) an accreditation certificate issued by a national accreditation body as referred to in Regulation (EC) No ; Article 765/2008, in which certificate it is established that the inspection body complies with the requirements of Article 20 of this Directive.

Article 22

Notification procedure

1. The authoritative authorities shall be notified only by notifying bodies meeting the requirements of Article 20.

They shall communicate to the Commission and the other Member States by means of the electronic tool developed and managed by the Commission.

3. The notification shall contain the information required in Article 21 (1). 2.

4. The body concerned may only carry out activities as a notified body if the Commission and the other Member States have not objged within two months of the notification.

Only such a body is considered to be a notified body of the meaning of this Directive.

5. The Commission and the other Member States shall be informed of any subsequent changes to the notification.

6. The internal control services of the applicant, as defined in the Annexes to Directive 2008 /68/EC, cannot be notified.

Article 23

Identification numbers for and lists of notified bodies

1. The Commission shall assign an identification number to the notified bodies.

Each notified body must be given only one identification number, even if the body is empowered in accordance with several EU acts.

2. The Commission shall publish the list of bodies notified in accordance with this Directive, including the identification numbers assigned to them and the activities for which they have been notified.

The Commission keeps the list up to date.

ARTICLE 24

Changes to the notification

1. If an authoritative authority has established or has been informed that a notified body is no longer in compliance with the requirements of Article 20 or that it does not fulfil its obligations, the authoritative authority must limit, suspend or include the notification, depending on what is most appropriate depending on the extent to which the body fails to meet these requirements or obligations. It shall forthwith inform the Commission and the other Member States thereof.

2. If a notification is withdrawn, restricted or suspended, or if the notified body has nominated its activities, the competent Member State shall take the necessary measures to ensure that the cases of this body are treated by a single body ; other notified body or authorities shall be available to the competent authorities and the market surveillance authorities at their request.

ARTICLE 25

Competency of authorised bodies

1. The Commission shall examine all cases in which it doubts the competence of a notified body or of a notified body to continue to fulfil the obligations and obligations of it, and cases where it is brought to bear in such a doubt.

2. The applicant Member State shall submit to the Commission, upon request, all information on the basis of the notification or continued jurisdiction of the notified body.

3. The Commission shall ensure that all sensitive information collected in the course of its investigations is treated as confidential.

4. If the Commission finds that a notified body is not or no longer satisfies the requirements of its notification, it shall inform the Member State of the notification and request it to take the necessary corrective measures, including, where necessary, the involvement of the notification.

Article 26

Procedural obligations for notified bodies

1. Comorated bodies shall conduct compliance assessments and periodic, intermediate and exceptional inspections in accordance with the notification document and the procedures laid down in the Annexes to Directive 2008 /68/EC.

2. Notified bodies shall perform a review of conformity assessment in accordance with Annex III.

3. Notified bodies notified by a Member State may work in all Member States. The authoritative authority that has carried out the initial assessment and notification shall continue to be responsible for monitoring the activities of the notified body.

ARTICLE 27

Information requirements for notified bodies

1. The notified body must inform the competent authority of :

a) cases where the issue of a certificate has been refused, as well as restrictions, suspensions or withdrawal of certificates ;

b) conditions that affect the extent and conditions of the notification ;

c) requests for information on activities carried out, as received from the supervisory authorities ;

d) by request, activities carried out in the area of their notification, and any other activity carried out, including cross-border activities and subcontracting.

2. Notified bodies shall provide the other bodies notified in accordance with this Directive and which carry out similar conformity assessment activities, periodic inspection, interim inspection and exceptional inspections and cover the same conformity ; transportable pressure equipment, relevant information on questions relating to negative and, upon request, positive conformity assessment results.

Article 28

Experience of experience

The Commission shall ensure that there is an exchange of experience between the national authorities of the Member States which, in accordance with this Directive, are responsible for :

a) notification policy

b) Market surveillance.

ARTICLE 29

Coordination of notified bodies

The Commission shall ensure that appropriate coordination and cooperation between bodies notified in accordance with this Directive is established and that this coordination and cooperation functions as intended in the form of a sectoral group of : notified bodies.

Member States shall ensure that the bodies they have notified, either directly or through designated representatives, participate in the work of that group.

CHAPTER 5

SAFEGUARD PROCEDURES

Article 30

Procedure in the case of transportable pressure equipment that constitutes a risk at national level

1. where the market surveillance authorities of one of the Member States have taken measures pursuant to Article 20 of Regulation (EC) No 2, (765/2008), or where they have sufficient grounds to assume that transportable pressure equipment covered by this Directive constitutes a risk to human health or safety or other social interests covered by this Directive, Directive, shall carry out an evaluation of the transportable pressure equipment in question, comprehensive all the requirements laid down in this Directive ; the operators concerned shall cooperate with the market surveillance authorities in any necessary manner ; including by allowing access to the territory of their establishments and to make samples ; available.

Where the monitoring authorities of the market surveillance authorities establish that the transportable pressure equipment does not comply with the requirements of the Annexes to Directive 2008 /68/EC and in this Directive, they shall immediately request that of the vehicle concerned ; operator to take all necessary corrective measures in order to bring the transportable pressure equipment in accordance with these requirements, or to withdraw the transportable pressure equipment from the market or call it ; return within a reasonable period of time, as set out in relation to the nature of the risk.

The market surveillance authorities shall inform the notified body of the relevant notified body.

Article 21 of Regulation (EC) No 765/2008 shall apply to the corrective measures referred to in this paragraph in the second subparagraph.

2. If the market surveillance authorities establish that the non-compliance with the requirements is not limited to the Member State ' s territory, the Commission and the other Member States shall inform the Commission and the other Member States of the results of the evaluation and of the results of measures which they have assigned to the operator.

3. The operator shall ensure that all necessary corrective measures are taken against transportable pressure equipment which he has made available on the EU market.

4. If the operator concerned does not within the time limit referred to in paragraph 1, in the second subparagraph, the appropriate corrective measures shall take all appropriate interim measures to prohibit or limit the availability of the transportable pressure equipment on it, national market or to withdraw the equipment from the market or call it back.

They shall forthwith inform the Commission and the other Member States of such measures.

The fifth paragraph of paragraph 5. This information shall include all available information, in particular as regards the necessary data to identify the transportable pressure equipment that does not meet the requirements of the equipment, the origin of the equipment, the nature of the alleged missing ; compliance with the requirements and the risk, nature and duration of the national measures taken, as well as the views expressed by the relevant traders. The market monitoring authorities shall inform in particular of the failure to comply with the requirements of :

a) the transportable pressure equipment does not meet the requirements of human health or safety or other social interests as laid down in the Annexes to Directive 2008 /68/EC and in this Directive ; or

b) deficiencies in the standards and technical codes referred to in the Annexes to Directive 2008 /68/EC or other provisions of the same Directive.

6. The other Member States other than those who initiated the procedure shall immediately inform the Commission and the other Member States of the measures taken and the additional information they may have at the disposal of the transportable pressure equipment concerned ; equipment failure to comply with the requirements and whether their objections, if they do not agree to the national measures ;.

7. If not within two months of the receipt of the items referred to in paragraph 1, The information referred to in paragraph 4 has been raised by a Member State or the Commission against a provisional measure by a Member State, the measure shall be deemed to be justified.

Member States shall ensure that the necessary restrictive measures shall be taken immediately in respect of the transportable pressure equipment concerned, such as the withdrawal of the transportable pressure equipment from their market.

Article 31

Safeguard procedure at EU level

1. If, after the procedure laid down in Article 30 (1), Article 3 (3) and (4) against a Member State ' s measure, or if the Commission considers that a national measure is contrary to a legally binding EU act, the Commission shall immediately discuss the matter with the Member States and the Member State or of them ; the operator concerned and shall assess the national measure. On the basis of the results of this assessment, the Commission shall decide whether the national measure is justified or not.

The Commission shall make its decision to all the Member States and inform it immediately to the operator or the appropriate operator.

2. If the national measure is deemed to be justified, all Member States shall take the necessary measures to ensure that the transportable pressure equipment that is not in conformity with the requirements is withdrawn from their own ; the market and shall inform the Commission thereof.

If the national measure is deemed not to be justified, then the Member State concerned shall withdraw it.

3. If the national measure is deemed to be justified and if the non-compliance of the transportable pressure equipment is not compatible with the requirements laid down in the standards referred to in Article 30 (3), Point 5 (b) shall inform the Commission of the relevant European standardisation body (s) and bring the matter to the committee set up by Article 5 of Directive 98 /34/EC, 12) The Committee shall consult with the relevant European standardisation body (s) before giving its opinion.

ARTICLE 32

transportable pressure equipment that poses a risk to health and safety ;

1. if a Member State, after making an assessment pursuant to Article 30 (1), 1, even if it satisfies the requirements of Directive 2008 /68/EC and of this Directive constitute a risk to human health or to security or to other social interests, it shall impose a risk to human health or to other social interests ; operator to take all necessary measures to ensure that the transportable pressure equipment in question when it is brought into circulation does not present a risk or to withdraw the equipment from the market or to call it ; return within a reasonable period of time, as it lays down in relation to the nature of the risk.

2. The operator shall ensure that corrective measures are taken in respect of all the transportable pressure equipment concerned that he has made available or applied to the EU market.

The Member State shall immediately inform the Commission and the other Member States thereof. The information must include all available information, in particular as regards the necessary data to identify the transportable pressure equipment in question, originate and supply chain, the nature of the risk and nature of the equipment concerned ; the duration of the national measures taken.

The Commission shall, without delay, discuss the matter with the Member States and the operators or operators concerned and assess the national measure. On the basis of the results of this assessment, the Commission shall decide whether the measure is justified or not, and shall propose appropriate appropriate measures.

The Commission shall direct its decision to all the Member States and notify it immediately to the operator or the operator concerned.

Article 33

Formal non-compliance with the requirements

Without prejudice to Article 30, a Member State shall require a Member State if it finds one of the following conditions, the operator concerned to discontinue the non-compliance with the requirements for termination :

a) the pi marking has been placed in breach of Articles 12, 13, 14 or 15 ;

b) that there is no teething ;

c) the technical documentation is either not available or is not complete ;

d) that the requirements of the Annexes to Directive 2008 /68/EC and of this Directive are not fulfilled.

2. If there is still a lack of conformity as referred to in paragraph 1, 1, the Member State concerned shall take all necessary measures to limit or prohibit the availability of the transportable pressure equipment on the market or to ensure that it is referred back or withdrawn from the market.

CHAPTER 6

FINAL PROVISIONS

Article 34

Transitional provisions

Member States may maintain the provisions set out in Annex II on their territory.

Member States which maintain such provisions shall inform the Commission thereof. The Commission shall inform the other Member States.

Article 35

Adaptation to scientific and technical progress

The Commission may adopt delegated acts pursuant to Article 290 of the TFFEU in respect of the adaptation of the Annexes to scientific and technical progress, in particular with regard to amendments to the Annexes to Directive 2008 /68/EC.

The procedures laid down in Articles 36, 37 and 38 shall apply to the delegated acts referred to in this Article.

Article 36

Exercise of delegation

1. The Commission shall be granted the powers to adopt the delegated acts referred to in Article 35 for an undetermined period.

As soon as the Commission adopts a delegated act, it shall inform the European Parliament and the Council thereof.

3. The Commission shall be granted powers to adopt delegated acts in accordance with the conditions laid down in Articles 37 and 38.

Article 37

Delegation of the delegation

The delegation of powers referred to in Article 35 may be withdrawn by the European Parliament or the Council.

2. The institution which initiated an internal procedure in order to determine whether the delegation of powers must be recalled shall endeavour to give the other institution and the Commission informed in reasonable time prior to the final decision ; shall be taken and indicate at the same time the delegated powers that might be subject to revocation, as well as the possible justification for it.

3. The decision to withdraw shall bring an end to the delegation of the powers set out in the decision in question. It shall have effect immediately or at a later date which will be specified in the decision. It does not affect the validity of the delegated acts that are already in force. It is published in the Official Journal of the European Union.

Article 38

Delegated acts objections

1. The European Parliament or the Council may object to a delegated act within two months of the notification.

The period shall be extended by two months on the initiative of the European Parliament or the Council.

Neither the European Parliament nor the Council, at the end of this period, objated to the delegated act, shall be published in the Official Journal of the European Union and shall enter into force on the date laid down herein.

The delegated act may be published in the Official Journal of the European Union and shall enter into force before the expiry of the deadline, if both the European Parliament and the Council have communicated to the Commission that they do not intend to object.

If the European Parliament or the Council object to a delegated act, this will not come into force. The institution which objects to the delegated act states the reasons for it.

Article 39

Repeal

Directive 76 /767/EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC are hereby repealed with effect from 1. July, 2011.

References to the repealed Directive 1999 /36/EC shall be construed as references to this Directive.

Article 40

Recognition of equivalence

1. EEC type-approval certificates for transportable pressure equipment issued under Directives 84 /526/EEC and 84 /527/EEC, and EC design-examination certificates issued under Directive 1999 /36/EC are recognised as : equivalent to the type-approval certificates referred to in the Annexes to Directive 2008 /68/EC and subject to the time-limited recognition of type-approvals laid down in those Annexes.

2. Ventils and accessories referred to in Article 3 (1). 3, in Directive 1999 /36/EC, and bearing the labelling of Directive 97 /23/EC, 13) in accordance with Article 3 (1). 4, in Directive 1999 /36/EC, may continue to be used.

ARTICLE 41

Obligations of

Member States shall take the necessary measures to ensure that the operators concerned comply with the provisions of Chapters 2 and 5. Member States shall also ensure that the necessary implementing measures are taken in respect of Articles 12 and 15.

Article 42

Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30. June 2011. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.

3. Notwithstanding paragraph 1. Member States shall ensure that Article 21 (1) is ensured ; Point 2 (d) shall apply with effect most of which is from 1. January 2012.

4. Member States shall ensure that the provisions referred to in paragraph 1 are 1 applicable laws and administrative provisions shall apply to pressure vessels for carriage of UN no. 1745, UN No 1746 and UN no. 2495 plus valves and other accessories thereto, most recently from 1. July, 2013.

Article 43

Entry into force

This Directive shall enter into force on the twentiday following its publication in the Official Journal of the European Union.

Article 44

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 16. June 2010.

ANNEX I

List of other dangerous goods other than that in Class 2

ANNEX II

TRANSITIONAL PROVISIONS

1. Member States may maintain their national provisions with regard to connectivity with other equipment and colour codes for transportable pressure equipment until appropriate use standards have been added in the Annexes to Directive ; 2008 /68/EF.

2. Member States where the air temperature is regularly below -20 ° C may lay down stricter standards for the operating temperature of products intended for transportable pressure equipment for the inland transport of dangerous goods for the transport of dangerous goods until such time as provisions are applicable ; Reference temperatures for certain climate zones have been incorporated in the Annexes to Directive 2008 /68/EC.

In this case, the pi marking of the transportable pressure equipment, including those in the case of direct impact on safety, must be added ' -40 ° C ` or any other relevant marking approved by the competent authority, after it must : identification number of the notified body.

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ANNEX III

PROCEDURE FOR CONFORMITY ASSESSMENT

Article 1 (1) shall be ensured by the method provided for in this Annex. Point 2 (c) of transportable pressure equipment which has been manufactured and taken in the use before the dates of application of Directive 1999 /36/EC complies with the relevant provisions of the Annexes to Directive 2008 /68EF and in this Directive ; the Directive which shall apply at the time of re-evaluation.

2. The owner or user gives a notified body that is in accordance with EN ISO/IEC 17020:2004 type A and notified to renew the conformity assessment, such information concerning the transportable pressure equipment that it is possible to make an accurate identification (origin, used rules in the context of construction and, as far as acetylene bottles are concerned, also particulars concerning the padding.). Such information shall include prescribed restrictions on use and on any claims related to any damage or repair.

3. The notified body of type A, the notified body of the notified body of conformity assessment, shall assess whether the transportable pressure equipment is at least as safe as the transportable pressure equipment referred to in the Annexes to Directive ; 2008 /68/EF. The assessment shall be made on the basis of the information submitted in accordance with point 2 and where appropriate, on the basis of additional inspections.

4. If the assessment in point 3 leads to a satisfactory result, the transportable pressure equipment must be subjected to the periodic inspection referred to in the Annexes to Directive 2008 /68/EC. Where the requirements of this periodic inspection are fulfilled, the pi-marking shall be affixed by or under the supervision of the notified body responsible for the periodic inspections, in accordance with Article 14 (1). 1-5. After the pi marking, the identification number of the notified body responsible for the periodic inspection shall be recorded. The notified body responsible for the periodic inspection shall draw up a certificate of conformity assessment in accordance with section 6.

Where pressure vessels are serialized, Member States may allow the conformity assessment of individual pressure vessels for transport and the ventilator and other accessories to be carried out by a notified body responsible for periodic inspection ; inspection of the relevant transportable pressure vessels, provided that the conformity of this type has been assessed in accordance with paragraph 3 of a notified body of type A responsible for the review of conformity assessment, and that a type A has been issued ; certificate for re-evaluation of this type. After the pi marking, the identification number of the notified body responsible for the periodic inspection shall be recorded.

6. In all cases, the notified body responsible for the periodic inspection certificate shall be issued by the notified body, the certificate of re-evaluation, which shall include at least the following :

a) an identification of the notified body issuing the certificate and, if it is not the same body, an identification of the notified body of type A responsible for the review of conformity, in accordance with paragraph 3 ;

b) the name and address of the owner or user listed in paragraph 2 ;

c) in the case of the application of the procedure laid down in point 5, the data that identifies the certificate of the review of the type of approval,

d) data that identifies the transportable pressure equipment which has been provided with the pi marking, including at least serial number or numbers ; and

(e) the date of issue.

7. A certificate shall be issued for a review of the type of approval.

If the procedure laid down in paragraph 5 has been followed, the Board shall issue the type A that is responsible for the renewal of conformity assessment, the certificate of a review of the certificate of conformity which contains at least the following :

a) an identification of the notified body issuing the certificate ;

b) the name and address of the manufacturer and of the holder of the original type-approval of the transportable pressure equipment which is the subject of the revised evaluation if the holder is not the manufacturer ;

c) data that identifies the transportable pressure equipment that belongs to the series ;

d) the date of issue and

(e) the following shall be endorsed : "This certificate does not authorize the production of transportable pressure equipment or parts thereof."

8. By affixing or positioned the pi marking, the owner or user shall indicate to the owner or to the user that he is responsible for the compliance of the transportable pressure equipment with all the applicable requirements in the Annexes to Directive 2008 /68/EC and in this Directive which is : applicable at the time of re-evaluation.

Where appropriate, the provisions of Annex II (2) shall be taken into account, in the light of that Annex, and the cold marking referred to in Annex II shall be taken.

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Declaration by the European Parliament, Council and Commission on Article 290 of the TFEU

The European Parliament, the Council and the Commission state that the provisions of this Directive do not affect the future positions of the institutions in relation to the application of Article 290 of the TFEU or individual acts that contain such provisions.

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Statement by the Commission on the communication of delegated acts

The European Commission takes note that it is the opinion of the European Parliament and the Council that it should take account of the holiday periods of the institutions (winter, summer and European elections) when it gives notice of delegated acts, unless : Whereas the legislative act provides for an emergency procedure ; the purpose of this is to ensure that the European Parliament and the Council are able to exercise their powers within the time limits set out in the legislative acts in question. The Commission is ready to act in accordance with these powers.

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1) The announcement contains provisions that implement parts of the European Parliament and Council Directive 2010 /35/EU of 16. June 2010 on transportable pressure equipment and repealing Council Directive 76 / 7 6 7 / EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC, EU-Official Journal 2010, nr. L165, page 1.

1) Opinion delivered on 17 February 2010 (not yet published in the Official Journal).

2) The European Parliament's position of 5.5 2010 (not yet published in the Official Journal) and Council Decision of 31.5.2010.

3) OJ L 138, 1.6.1999, p. 20.

4) OJ L 260, 30.9.2008, p. 13.

5) OJ L 218, 13.8.2008, p. 82.

6) OJ L 262, 27.9.1976, p. 153.

7) OJ L 300, 19.11.1984, p. 1.

8) OJ L 300, 19.11.1984, p. 20.

9) OJ L 300, 19.11.1984, p. 48.

10) EUT C 321, 31.12.2003, p. 1.

11) Regulation (EC) No, Regulation (EC) No, 765/2008 of 9.7.2008 on the requirements for accreditation and market surveillance in relation to the marketing of products (OJ L 218, 13.8.2008, p. (30).

12) The European Parliament and Council Directive 98 /34/EC of 22 June 1998 on an information procedure with regard to technical standards and regulations and rules on information society services (OJ L 204, 21.7.1998, p. THIRTY-SEVEN.

13) Directive 97 /23/EC of the European Parliament and of the Council of 29.5.1997 on the approximation of the laws of the Member States relating to pressure equipment (OJ L 181, 9.7.1997, p. 1).