Key Benefits:
Publics concerned: economic operators in the field of pressure equipment (owners, operators, notified bodies).
Subject: determination of the rules applicable to transportable pressure equipment.
Effective July 1, 2011.
Notice: the decree transposes Directive 2010/35/EU of 16 June 2010 on transportable pressure equipment. It sets out the rules to ensure compliance with these equipment.
In accordance with the provisions of the Directive, the Regulations for the Manufacture and Control of such Equipment are consistent with those resulting from international agreements on the transport of dangerous goods (RID/ADR). It specifies the responsibilities of the various economic operators (manufacturers, importers, owners, operators, control bodies). Finally, it provides procedures for the discovery of hazardous or non-compliant equipment.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
Having regard to Directive 2008/68/EC of the European Parliament and the Council of 24 September 2008 on the domestic transport of dangerous goods;
Having regard to Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment and repealing Council directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC;
Considering the environmental code, including its article L. 120-1;
Considering the transport code, including articles L. 1252-1 and L. 1252-2;
Having regard to Act No. 571 of 28 October 1943 amended on steam-pressed equipment used on land and gas-pressed appliances used on land or on board inland navigation vessels;
Vu la Act No. 2000-321 of 12 April 2000 amended on the rights of citizens in their relations with administrations, including article 21;
In view of the amended Decree No. 63 of 18 January 1943 concerning the regulation of gas-pressed appliances, together with the amended decrees of 11 March 1986 relating to seamless steel gas cylinders, non-alloyed aluminium and welded or welded aluminum alloys of non-alloyed steel;
Vu le Decree No. 97-34 of 15 January 1997 amended to deconcentrate individual administrative decisions, including article 2-1;
Vu le Decree No. 97-1194 of 19 December 1997 amended to apply to the Minister of Economy, Finance and Industry 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 97-1198 of 19 December 1997 amended to apply to the Minister of Equipment, Transport and Housing 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 99-1046 of 13 December 1999 modified for pressure equipment;
Vu le Decree No. 2001-386 of 3 May 2001 modified for transportable pressure equipment and taken for the application of 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 2010-323 of 23 March 2010 relative to the prevention of risks resulting from the use of aerosol generators;
Vu le Decree No. 2010-1443 of 25 November 2010 relating to the responsibilities of the Minister of Ecology, Sustainable Development, Transport and Housing;
Vu le Decree No. 2010-1447 of 25 November 2010 relating to the powers of the Minister of Economy, Finance and Industry;
In the light of the advice of the Inter-Ministerial Commission on the Transport of Dangerous Goods (subcommission on authorizations, exemptions and multilateral agreements) of 16 February 2011 and 30 March 2011;
The State Council (section of public works) heard,
Decrete:
Decree No. 2001-386 of 3 May 2001 referred to above is amended in accordance with the provisions of articles 2 to 12 of this Decree.
Title I is replaced by the following:
« TITRE I
"APPLICATION CHAMP
"Art. 1-I. ― The provisions of this Order shall apply:
« 1° To new transportable pressure equipment defined in 1° of Article 2, which does not bear the conformity markings provided for in this decree or those provided for by the decrees of 11 March 1986 referred to above, for the purpose of making them available on the market;
« 2° For transportable pressure equipment defined in 1° of Article 2, which bears the markings of conformity provided for in this Decree or those provided for by the decrees of 11 March 1986 referred to above, for the purpose of their periodic inspection, intermediate control, exceptional control and use;
« 3° To the transportable pressure receptacles defined in 1° of Article 2, already put on the market, constructed in accordance with the provisions of the decree of 18 January 1943 referred to above, having not been subject to the re-evaluation of conformity according to the provisions of this decree, and whose characteristics are specified below:
“(a) Containers whose effective pressure of the gas phase may exceed 4 bar and whose product of the maximum effective pressure expressed in bar by the capacity expressed in litres exceeds the number 80;
“(b) Or acetylene containers whose effective pressure may exceed 1.5 bar, irrespective of the inner volume;
"for the purposes of their periodic inspection, use and maintenance.
"The effective pressure, measured at the pressure gauge, is the pressure relative to the atmospheric pressure, the vacuum being expressed by a negative value;
« 4° To transportable pressure equipment defined in 1° of Article 2, which does not bear the conformity markings provided for in this Order, with respect to the reassessment of conformity.
"II.-The provisions of this Order do not apply:
« 1° To transportable pressure equipment exclusively used for the transport of dangerous goods between the territory of the European Union and that of third countries, carried out in accordance with the requirements of the amended Order of 29 May 2009 concerning the carriage of dangerous goods by land (hereinafter referred to as "TDG Order");
« 2° Equipment used exclusively on board inland navigation vessels;
« 3° Equipment on board marine vessels or aircraft;
« 4° Equipment for the propulsion and operation of special equipment of vehicles subject to Book III of the Highway Code (regulatory part).
"Art. 2.-In the sense of the provisions of this Decree:
"1° "transportable pressure equipment" :
“(a) Pressure receptacles, valves and other accessories where applicable, as covered by Chapter 6.2 of the TMD Order Annexes;
“(b) Tanks, battery-vehicles or battery-vehicles, multi-element gas containers (MEGCs), their faucets and other accessories where applicable, as covered by Chapter 6.8 of the TDG appendices;
where the equipment referred to in paragraph (a) or (b) is used in accordance with these schedules for the carriage of Class 2 gases, excluding gases or products designated by numbers 6 or 7 in the classification code, and for the carriage of dangerous substances of other classes specified in Appendix II.
"Transportable pressure equipment includes gas cartridges (UN 2037) but does not include:
“(a) Aerosol generators defined in theArticle 1 of Decree No. 2010-323 of 23 March 2010 the prevention of risks resulting from the use of aerosol generators (UN No. 1950);
“(b) Open cryogenic receptacles;
"(c) Gas cylinders for breathing apparatus and extinguishers subject to the provisions of the decree of 13 December 1999 referred to above ;
"(d) The transportable pressure equipment exempted under item 1.1.3.2 of the TMD Order Annexes and the transportable pressure equipment exempted from the packaging construction and testing rules in accordance with the special provisions of item 3.3 of the TMD Order Annexes;
"2°" placed on the market", the first provision of transportable pressure equipment on the Union market;
"3°" made available on the market", any supply of transportable pressure equipment intended to be distributed or used on the Union market as part of a commercial activity or public service, for a costly or free purpose;
"4° "use", filling, temporary storage related to transport, emptying and refilling of transportable pressure equipment;
"5° "TDG Order", the amended Order dated 29 May 2009 concerning the carriage of dangerous goods by land, including its annexes, pursuant to Article L. 1252-1 of the Transport Code;
"6° "removal" means any measure aimed at preventing the availability on the market or the use of transportable pressure equipment;
"7°" recall, any measure to obtain the return of transportable pressure equipment that has already been made available to the end user;
"8°" manufacturer, any natural or legal person who manufactures or manufactures equipment under transportable pressure or elements of such equipment, or designs or manufactures such equipment, and markets it under its name or mark;
"9° "agent", any natural or legal person established in the Union having received a written mandate from a manufacturer to act on its behalf for the purpose of performing specified tasks;
"10° "importer", any natural or legal person established in the Union that puts equipment under transportable pressure or elements of such equipment from a third country on the Union market;
"11° "distributor", any natural or legal person established in the Union, other than the manufacturer or importer, who puts equipment under transportable pressure or elements of such equipment available on the market;
"12° "proprietary" means any natural or legal person established by the Union who has transportable pressure equipment;
"13° "operator", any natural or legal person established in the Union who uses transportable pressure equipment;
"14° "economic operator", manufacturer, agent, importer, distributor, owner or operator acting in the course of a commercial or public service activity, free of charge or free of charge;
"15° "conformity assessment", assessment and conformity assessment procedure defined in the TMD decision;
"16° "marking Pi", a marking indicating that the transportable pressure equipment complies with the applicable conformity assessment requirements defined in the TDG Order and this Order;
"17° "reassessment of compliance", the procedure for evaluating a posteriori, at the request of the owner or operator, the conformity of transportable pressure equipment manufactured and placed on the market before 1 July 2003 for cylinders, tubes and closed cryogenic receptacles and before 1 July 2007 for pressure drums, frames of cylinders and tanks;
"18°" periodic inspection, periodic inspection and procedures for periodic controls defined in the TDG Order;
19° "Intermediate control", intermediate control and procedures for intermediate controls defined in the TMD Order;
"20° "exceptional control", exceptional control and procedures governing exceptional controls defined in the TMD order;
"21° "accreditation" means an attestation issued by the French Accreditation Committee (COFRAC) that an authorized body meets the requirements set out in the TDG Order;
"22° "qualified body" means a control body meeting the requirements set out in the TDG Order and the conditions defined in sections 23 and 23-1 and authorized by the Minister for Industrial Safety or the Minister for Land Transport of Dangerous Goods, as the case may be;
"23° "habilitation" means the procedure for granting the status of a body authorized to a control body, including the communication of information to the Commission and to the Member States;
"24° "market surveillance", the tasks performed and the measures taken by the public authorities to ensure that the transportable pressure equipment is, during its lifetime, in accordance with the requirements set out in the TDG Order and this Order, and does not affect health, safety or any other aspect of the protection of the public interest.
"Art. 3.-Orders of the Minister for Industrial Safety, taken after the advice of the Central Commission for Pressure Apparatus, in the case of receptacles, or of the Minister for Land Transport of Dangerous Goods, taken after notice of the interministerial commission for the transport of dangerous goods, in the case of tanks, may specify the special provisions applicable to the storage or use of transportable pressure equipment. These stops can maintain the existing provisions for connection devices, colour codes and reference temperature. »
Title II is replaced by the following:
« TITRE II
"OBLIGATIONS OF ECONOMIC OPERATORS
"Art. 4.-The obligations of the manufacturers are as follows:
« 1° When placing their equipment under transportable pressure on the market, manufacturers ensure that it has been designed and manufactured and is accompanied by the required documents in accordance with the requirements set out in the TMD Order and this Order;
« 2° When, at the end of the conformity assessment procedure provided for in the TDG Order and in this Order, the conformity of the transportable pressure equipment to the applicable provisions has been established, the manufacturer shall apply the Pi marking in accordance with the provisions of Article 19;
« 3° Manufacturers retain the technical documentation mentioned in the TMD Order for the duration it provides;
« 4° Manufacturers who consider or have reason to believe that transportable pressure equipment that they have put on the market is not in accordance with the requirements set out in the TDG Order or in this Order-in-Council shall promptly take the necessary corrective measures to bring it into conformity, withdraw or recall, if applicable. In addition, if the transportable pressure equipment presents a risk, the manufacturers shall immediately inform the Minister for Industrial Safety in the case of a container or the Minister for Land Transport of Dangerous Goods in the case of a tank and the competent authorities of the Member States of the Union in which they have made the equipment under transportable pressure available, by providing details, inter alia, on the non-compliance and the corrective measures adopted.
"Manufacturers provide documents illustrating all cases of non-compliance and corrective action taken;
« 5° Manufacturers shall communicate to the Minister for Industrial Safety to the Minister for Land Transport of Dangerous Goods, upon request all information and documents necessary to demonstrate compliance with the transportable pressure equipment, in French. At the request of one of these authorities, they cooperate in the establishment of any measures to eliminate the risks posed by transportable pressure equipment they have put on the market;
« 6° Manufacturers only communicate information to operators who meet the requirements set out in the TMD Order and this Order;
« 7° Manufacturers may designate an agent by a written warrant. In this case, the obligations set out in 1° and 2° and the preparation of the technical documentation cannot fall within the mandate of the agent.
"Art. 5.-The duties of the agents are as follows:
« 1° Agents perform the tasks specified in the manufacturer's mandate. The mandate authorizes the agent, at a minimum:
“(a) Keep technical documentation available to the Minister for Industrial Safety and the Minister for Land Transport of Dangerous Goods for at least the period specified in the TDG Order for manufacturers;
“(b) To communicate to the Minister for Industrial Safety to the Minister for Land Transport of Dangerous Goods, upon request all information and documents necessary to demonstrate compliance with the transportable pressure equipment, written in the French language;
"(c) To cooperate with the Minister for Industrial Safety or the Minister for Land Transport of Dangerous Goods, upon request to implement any measures taken to eliminate the risks posed by the transportable pressure equipment covered by the mandate;
« 2° The identity and address of the agent are indicated on the certificate of compliance referred to in the TDG Order;
« 3° Agents only provide information to operators who meet the requirements set out in the TMD Order and this Order.
"Art. 6.- Importers' obligations are as follows:
« 1° Importers only put on the Union market transportable pressure equipment that meets the requirements set out in the TMD Order and this Order;
« 2° Before placing transportable pressure equipment on the market, importers ensure that the appropriate conformity assessment procedure has been applied by the manufacturer. They ensure that the manufacturer has established the technical documentation and that the transportable pressure equipment carries the Pi mark and is accompanied by the compliance certificate referred to in the TDG Order;
« 3° Importers who consider or have reason to believe that transportable pressure equipment is not in accordance with the requirements set out in the TMD Order or this Order may only put this equipment on the market after it is brought into compliance. In addition, if the transportable pressure equipment poses a risk, importers shall inform the manufacturer and the Minister for Industrial Safety of a container or the Minister for Land Transport of Dangerous Goods in the case of a tank;
« 4° Importers indicate their name and address, either on the certificate of compliance referred to in the TDG Order or on a document attached to the certificate;
« 5° As long as transportable pressure equipment is under their responsibility, importers ensure that storage or transportation conditions do not compromise their compliance with the requirements set out in the TDG Order;
« 6° Importers who consider or have reason to believe that a transportable pressure equipment that they have put on the market is not in accordance with the requirements set out in the TDG Order or in this Order in Council shall promptly take the necessary corrective measures to bring it into conformity, withdraw or recall, if applicable. In addition, if the transportable pressure equipment presents a risk, importers shall immediately inform the manufacturer and the Minister for Industrial Safety, in the case of a container, or the Minister for Land Transport of Dangerous Goods, in the case of a tank, as well as the competent authorities of the Member States of the Union in which they have made the equipment under transportable pressure available by providing details, inter alia, on the non-compliance and on the corrective measures adopted.
" Importers provide documents illustrating all cases of non-compliance and corrective actions taken.
« 7° During the period specified in the TDG Order for manufacturers, importers shall keep a copy of the technical documentation available to the Minister for Industrial Safety in the case of a Minister for Land Transport of Dangerous Goods in the case of a tank;
« 8° Importers shall communicate to the Minister for Industrial Safety or to the Minister for Land Transport of Dangerous Goods, upon request all information and documents necessary to demonstrate compliance with the transportable pressure equipment, in the French language. At the request of one of these authorities, they cooperate in the establishment of any measures to eliminate the risks posed by transportable pressure equipment that they have made available on the market;
« 9° Importers only provide information to operators who meet the requirements set out in the TMD Order and this Order.
"Art. 7.-The obligations of distributors are as follows:
« 1° Distributors only make transportable pressure equipment available on the Union market that meets the requirements set out in the TMD Order and this Order;
« 2° Before making transportable pressure equipment available on the market, distributors ensure that the transportable pressure equipment carries the Pi mark and that it is accompanied by the compliance certificate and contact address referred to in the 4th of Article 6;
« 3° Distributors who consider or have reason to believe that transportable pressure equipment is not in accordance with the requirements set out in the TMD Order or this Order may only make this equipment available on the market after it is brought into compliance. In addition, if the transportable pressure equipment poses a risk, the distributors shall inform the manufacturer or importer and the Minister for Industrial Safety in the case of a container or the Minister for Land Transport of Dangerous Goods in the case of a tank;
« 4° As long as transportable pressure equipment is under their responsibility, distributors ensure that storage or transport conditions do not compromise its compliance with the requirements set out in the TDG Order;
« 5° Distributors who consider or have reason to believe that a transportable pressure equipment that they have made available on the market is not in accordance with the requirements set out in the TMD Order or in this Order make sure that the necessary corrective measures are taken to bring it into conformity, remove it or remind it, if applicable. In addition, if the transportable pressure equipment poses a risk, the distributors shall immediately inform the manufacturer, the importer, if any, and the Minister for Industrial Safety in the case of a container or the Minister for Land Transport of Dangerous Goods in the case of a tank, as well as the competent authorities of the Member States of the Union in which they have made the equipment under transportable pressure available by providing details, including remedial measures,
"Distributors provide documents illustrating all cases of non-compliance and corrective action taken;
« 6° Distributors shall communicate to the Minister responsible for the prevention of industrial hazards to the Minister responsible for the carriage of dangerous goods, who shall request all information and documents necessary to demonstrate the conformity of transportable pressure equipment, written in the French language. At the request of one of these authorities, they cooperate in the establishment of any measures to eliminate the risks posed by transportable pressure equipment that they have made available on the market;
« 7° Distributors only provide information to operators who meet the requirements set out in the TMD Order and this Order.
"Art. 8.-The obligations of the owners are as follows:
« 1° Owners who consider or have reason to believe that transportable pressure equipment is not in accordance with the requirements set out in the TMD Order, including the requirements for periodic inspection, or in this Order, may only make such equipment available or used after compliance. In addition, if the transportable pressure equipment poses a risk, the owners shall immediately inform the manufacturer, importer or distributor and the Minister for Industrial Safety of a container or the Minister for Land Transport of Dangerous Goods in the case of a tank.
"The owners provide the documents illustrating all cases of non-compliance and corrective actions taken.
« 2° As long as transportable pressure equipment is under their responsibility, the owners ensure that storage or transport conditions do not compromise their compliance with the requirements set out in the TDG Order;
« 3° Owners only communicate information to operators who meet the requirements set out in the TMD Order and this Order;
« 4° This section does not apply to private persons planning to use or use transportable pressure equipment for their personal or domestic use or for their sport or leisure activities.
"Art. 9.-The obligations of the operators are as follows:
« 1° Operators use only transportable pressure equipment that comply with the requirements set out in the TMD Order and this Order;
« 2° If the transportable pressure equipment poses a risk, the operator shall immediately notify the owner and the Minister responsible for industrial safety in the case of a container or the Minister responsible for the carriage of dangerous substances in the case of a tank.
"Art. 10.-An importer or distributor is considered to be a manufacturer for the purposes of this Order and is subject to the obligations of the manufacturer under section 4 when it puts an equipment under transportable pressure on the market under its own name or brand, or amends an equipment under transportable pressure already put on the market in such a way that compliance with the applicable requirements may be affected.
"Art. 11.-On request of the Minister for Industrial Safety in the case of a container or Minister for Land Transport of Dangerous Goods in the case of a tank, economic operators identify, for a period of at least 10 years, any economic operator:
« 1° who provided them with transportable pressure equipment;
« 2° To which they provided transportable pressure equipment. »
Title III is replaced by the following:
« TITRE III
“CONFORMITY OF EQUIPMENT
SUB TRANSPORTABLE PRESSION
"Art. 12.-I. ― The transportable pressure equipment referred to in 1° I of Article 1 shall meet the applicable requirements for the assessment of compliance, periodic inspection, intermediate control and exceptional control set out in the TMD Order and this Order.
"II.-EEC certificates of approval of models for transportable pressure equipment issued in accordance with the above-mentioned orders of March 11, 1986 and type CE certificates issued in accordance with this Order are recognized as equivalent to the type certificates provided for in the TDG Order and are subject to the provisions relating to limited recognition in the time of type approvals referred to in the said Order.
"III.- Faucets and other accessories having a direct safety function for the transportable pressure equipment, including safety valves, filling and drain valves and cylinder valves, and bearing the mark provided by the Decree No. 99-1046 of 13 December 1999 referred to above may still be used after an assessment of their compliance under the provisions of this Order.
"IV.-A separate conformity assessment can be performed for dismountable parts of refillable transportable pressure equipment.
"V.-By derogation from I, the presentation at fairs and exhibitions of transportable pressure equipment not in accordance with the provisions of this Order is authorized, provided that a visible panel clearly indicates their non-compliance and the impossibility of acquiring these equipment prior to compliance by the manufacturer or its agent. The pressure of these equipment is prohibited.
"Art. 13.-The transportable pressure equipment referred to in 2° I of Article 1 shall meet the specifications of the documentation under which they were manufactured. These equipment are subject to periodic controls, intermediate controls and exceptional controls in accordance with the requirements set out in the TMD Order and this Order.
"Art. 14.-The transportable pressure receptacles referred to in 3° I of Article 1 shall meet the specifications of the documentation under which they were manufactured. These equipment are subject to periodic inspections by bodies authorized to do so in accordance with the first paragraph of Article 22. The provisions applicable to these controls shall be determined by order of the Minister for Industrial Safety, made after notice of the Central Pressure Devices Commission.
"Art. 15.-The transportable pressure equipment referred to in 4° I of Article 1 may be subject, at the request of the owner or, if not, of the operator, according to the contractual provisions which bind them, to a reassessment of their compliance. This is established in accordance with the compliance review procedure set out in Appendix I. Marking Pi is affixed in accordance with Appendix I.
"Art. 16.-The certificates of conformity assessment and certificates of compliance reassessment, as well as periodic inspection, intermediate control and exceptional control reports issued by a body notified by the competent authority of another Member State of the European Union and listed on the list of notified bodies published in the Official Journal of the European Union are valid in the national territory.
"Art. 17.-Documents and correspondence relating to the assessment of conformity or the re-evaluation of conformity in the national territory are written in French or in a language accepted by the authorized body.
"Information relating to the use or safety of transportable pressure equipment is mandatory in French.
"Art. 18.-The general principles of marking Pi are:
« 1° For the purposes of this Order, marking Pi is the only marking attesting to the conformity of transportable pressure equipment to the applicable requirements defined in the TDG Order and in this Order;
« 2° Marking Pi is only affixed by the manufacturer or, in the case of a reassessment of compliance, as set out in Appendix I. With respect to existing gas cylinders bearing the marking of conformity provided for by the above-mentioned orders of 11 March 1986, the Pi marking is affixed by the body authorized or under the control of the body;
« 3° The Pi marking is only affixed to transportable pressure equipment which:
“(a) Satisfies the conformity assessment requirements set out in the TMD Order and this Order;
“(b) Or meet the requirements for reassessment of compliance referred to in section 15.
"It is not affixed to any other equipment under transportable pressure;
« 4° By affixing or placing the Pi mark, the manufacturer states that it assumes responsibility for the conformity of the transportable pressure equipment to all applicable requirements defined in the TMD Order and this Order;
« 5° It is forbidden to affix on transportable pressure equipment markings, signs or markings that may mislead third parties on the meaning or graphic representation of Pi marking. Any other marking affixed to the transportable pressure equipment does not prejudice the visibility, readability and meaning of the Pi mark.
"Art. 19.-The rules and conditions for marking Pi are as follows:
« 1° Marking Pi corresponds to the symbol described in annex III;
« 2° The Pi marking is affixed in a visible, legible and permanent manner to the transportable pressure equipment or to its signal plate and to the demountable parts of the refillable transportable pressure equipment with a direct safety function;
« 3° The Pi marking is affixed before the launch of new transportable pressure equipment or dismountable parts of refillable transportable pressure equipment with a direct safety function;
« 4° Marking Pi is followed by the identification number of the authorized body involved in initial controls and tests.
"The identification number of the authorized body shall be affixed in a visible form by the body itself or, on the instruction of the author, by the manufacturer;
« 5° The marking of the date of the periodic inspection or, where appropriate, the intermediate inspection shall be accompanied by the identification number of the authorized body responsible for the periodic inspection;
« 6° With respect to existing gas cylinders bearing the marking of conformity provided for by the above-mentioned orders of 11 March 1986 and which do not bear the Pi marking, when the first periodic inspection is carried out in accordance with this decree, the identification number of the responsible body is preceded by the Pi marking.
"Art. 20.-The owner or, if not, the operator, according to the contractual provisions that bind them, is responsible for the maintenance and repairs necessary to maintain the safety level of the transportable pressure equipment. It shall perform, if it has the competence, or perform by a competent person, the operations necessary for that purpose. It has an obligation to remove equipment from the service if its security level is altered.
"Without special provisions defined by a Minister's Industrial Safety Order, made after the advice of the Central Pressure Devices Commission, the repair or modification of a transportable pressure receptacle shall be carried out in accordance with the principles applicable to the manufacture of new equipment, particularly with regard to the qualification of permanent assembly operating modes, the realization and control of permanent assemblies.
"The transportable pressure receptacles constructed in accordance with the provisions of the decree of 18 January 1943 referred to and not reassessed may also be subject to repairs and modifications in accordance with the technical provisions defined by this decree and its texts of application. In this case, post-repair or modification control operations are carried out under the supervision of an agency authorized by the Minister responsible for industrial safety referred to in the first paragraph of section 22.
"Orders of the Minister for Industrial Security, taken after the advice of the Central Pressure Devices Commission, specify control operations after repair or modification and, where appropriate, the specific rules for carrying out these operations and the equipment concerned. »
Title IV is replaced by the following:
« TITRE IV
“HABILITY BODIES
"Art. 21.-The control body that wishes to be authorized shall submit a request for authorization to the Minister for Industrial Safety, in the case of containers, or to the Minister for Land Transport of Dangerous Goods, in the case of tanks.
"This request is accompanied by a description:
« 1° its activities in the area of conformity assessment, periodic inspection, intermediate control, exceptional controls and compliance reassessment;
« 2° Procedures relating to point 1°;
« 3° Transportable pressure equipment for which the body claims to be competent;
« 4° A certificate of accreditation issued by the French Accreditation Committee (COFRAC) certifying that the inspection body meets the requirements set out in section 23,1° to 3°, below.
"Art. 22.-Enhabilitation of bodies shall be pronounced, for transportable containers, by the Minister for Industrial Safety after the advice of the Central Commission of Pressure Apparatus or, for tanks, by the Minister for Land Transport of Dangerous Goods after the advice of the Interministerial Commission for the Transport of Dangerous Goods.
"The enabling decision defines the missions for which these organizations are authorized and the duration of the authorization.
"The silence held for more than six months by the Minister for Industrial Safety or the Minister for Land Transport of Dangerous Goods on an organization's request for empowerment is a decision to reject.
"The body concerned shall not carry out the activities specific to an authorized body unless no objection is issued by the European Commission or other Member States within two weeks of its authorization. Only such a body is considered to be an authorized body for the purposes of this Order.
"The bodies notified by the competent authority of another Member State of the European Union and listed on the list of notified bodies published in the Official Journal of the European Union are authorized to carry out their activities in the national territory.
"Art. 23.-The authorized bodies meet the following requirements:
« 1° The authorized body meets the requirements set out in the TDG Order and this Order;
« 2° The authorized body is a legal entity of private law;
« 3° The authorized body participates in the relevant standardization activities and in the activities of the coordinating group of notified bodies established by the Commission, or ensures that its evaluation staff is informed of the decision-making and administrative documents resulting from the work of that group as guidelines. Participation in the work of the sectoral group of notified bodies can be done through agents;
« 4° The authorized body actively participates in technical coordination bodies in the areas covered by empowerment.
"Art. 23-1.-The authorized bodies meet the following operational obligations:
« 1° Authorized agencies conduct compliance assessments, periodic controls, intermediate controls and exceptional controls in accordance with the conditions of their authorization and the procedures defined in the TDG Order;
« 2° Authorized bodies perform compliance reassessments in accordance with Appendix I.
"The operations referred to in 1° and 2°, when carried out in accordance with equivalent provisions of the regulation of another EU Member State, produce the same effects as the corresponding operations provided for in this Decree.
"Art. 23-2.-The authorized bodies shall meet the following obligations in respect of information:
« 1° The authorized bodies shall communicate to the Minister for Industrial Safety or the Minister for Land Transport of Dangerous Goods, as the case may be:
“(a) Any refusal, restriction, suspension or withdrawal of a certificate of conformity;
“(b) Any circumstance affecting the scope and conditions of empowerment;
"(c) Any request for information on the activities they received in the context of market surveillance;
"(d) On request, the activities carried out within the scope of their authorization and any other activities carried out, including cross-border activities and subcontracts;
« 2° Authorized agencies provide other authorized bodies that carry out similar activities to assess compliance, periodic inspection, intermediate control and exceptional control covering the same transportable pressure equipment, relevant information on issues related to negative results and, upon request, the positive results of the conformity assessment. »
Title V is replaced by the following:
« TITRE V
" SURVEILLANCE OF EQUIPMENT
AND HABILITY BODIES
"Art. 24.-The officers responsible for the monitoring of transportable pressure equipment are the officers responsible for the monitoring of pressure devices referred to in Article 3 of the law of 28 October 1943 referred to above and the agents referred to in Article L. 1252-2 of the Transport Code.
"The owner or, if not, the operator, in accordance with the contractual provisions that bind them, collects, stores and maintains information on the equipment necessary for the safety of their operation, their maintenance, control and any repairs, including the relevant parts of the manufacturing record, periodic inspection certificates or, where appropriate, the certificates of testing and, for the purpose of the inspection,
"Art. 24-1.-When an officer responsible for the monitoring of transportable pressure equipment finds or has sufficient reason to believe that transportable pressure equipment under the provisions of this Order presents a risk to the health or safety of persons or for other aspects relating to the protection of the public interest, he refers to the Minister concerned, who makes an assessment of the transportable pressure equipment in question, taking into account all of the requirements set out in this Order. If necessary, the economic operators concerned cooperate with the agents responsible for the monitoring of transportable pressure equipment, including by allowing them to enter their premises and by providing them with samples as appropriate.
"If, in the course of the assessment referred to in the preceding paragraph, it is found that the transportable pressure equipment does not meet the requirements set out in the TDG Order and in this Order, the Minister responsible for industrial safety in the case of a receptacle or the Minister responsible for the land transport of dangerous substances in the case of a tank shall put in place the economic operator concerned to take all the necessary corrective measures to remove the equipment
"Executively, the economic operator concerned is, prior to the Minister's decision, in a position to file his observations within a period of not less than ten days. If a measure has been taken without the operator being heard, it is given to the operator the opportunity to be heard as soon as possible and the measure taken is reviewed. The Committee is informed of the remedies available to it under the legislation in force and of the time limits for the introduction of such remedies.
"After a stay without effect after a two-month period, the Minister concerned may take all appropriate measures to restrict or prohibit the provision of transportable pressure equipment on the market. It may also request that the contract be recalled or withdrawn.
"The Minister concerned may prescribe any conditions for the construction, verification, maintenance or use of this equipment to address the identified hazard.
"The manufacturer or importer are required to make all arrangements in their power to inform the operators, including to take charge of advertising actions that may be prescribed.
"The relevant economic operator ensures that all appropriate corrective measures are taken for transportable pressure equipment that it has made available on the Union market.
"Art. 24-2.-When it results from the findings made by an officer responsible for the monitoring of transportable pressure equipment, that a transportable pressure equipment, while complying with the requirements set out in the TDG Order and in this Order, presents a risk to the health or safety of persons or for other aspects relating to the protection of the public interest, the Minister responsible for industrial safety in the case of a container or
"Executively, the economic operator concerned is, prior to the Minister's decision, in a position to file his observations within a period of not less than ten days. If a measure has been taken without the operator being heard, it is given to the operator the opportunity to be heard as soon as possible and the measure taken is reviewed. The Committee is informed of the remedies available to it under the legislation in force and of the time limits for the introduction of such remedies.
"After a stay without effect after a two-month period, the Minister concerned may take all appropriate measures to restrict or prohibit the provision of transportable pressure equipment on the market. It may also request that the contract be recalled or withdrawn.
"The Minister concerned may prescribe any conditions for the verification, maintenance or use of this equipment to address the identified hazard.
"The manufacturer or importer are required to make all arrangements in their power to inform the operators, including to take charge of advertising actions that may be prescribed.
"The relevant economic operator ensures that corrective measures apply to all transportable pressure equipment in question that it has made available on the market or that it uses throughout the Union.
"Art. 24-3.-Without prejudice to the provisions of sections 24-1 and 25, the Minister for Industrial Safety in the case of a container, or the Minister for Land Transport of Dangerous Goods, in the case of a tank, shall, within a time limit fixed by the Minister for Land Transport of Dangerous Goods, make every provision for an end to the apparent non-compliance of a transportable pressure equipment referred to in 1°, 2°
« 1° Marking Pi was filed in violation of articles 12,13,15,18 or 19;
« 2° Pi marking has not been affixed;
« 3° Technical documentation is not available or is not complete;
« 4° The requirements set out in the TMD Order and this Order have not been met.
"Executively, the economic operator concerned is, prior to the Minister's decision, in a position to file his observations within a period of not less than ten days. If a measure has been taken without the operator being heard, it is given to the operator the opportunity to be heard as soon as possible and the measure taken is reviewed. The Committee is informed of the remedies available to it under the legislation in force and of the time limits for the introduction of such remedies.
"If the non-compliance referred to in the preceding paragraphs persists, the Minister may take all appropriate measures to restrict or prohibit the provision of transportable pressure equipment on the market. It may also request that the contract be recalled or withdrawn.
"The manufacturer or importer are required to make all arrangements in their power to inform the operators, including to take charge of advertising actions that may be prescribed.
"The relevant economic operator ensures that corrective measures apply to all transportable pressure equipment in question that it has made available on the market or that it uses throughout the Union.
"Art. 24-4.- Without prejudice to the provisions of Articles 24-1 and 25, where it is found that a equipment or series of equipment under transportable pressure are used in ignorance of the rules referred to in Articles 12,13,14 and 20, the prefect, if it is an individual equipment, the Minister responsible for industrial safety, in the case of a container, or the Minister responsible for land transport
"With the exception of an emergency, the economic operator concerned is, prior to the Minister's or Prefect's decision, able to file its observations within a period of not less than ten days. If a measure has been taken without the operator being heard, it is given to the operator the opportunity to be heard as soon as possible and the measure taken is reviewed. The Committee is informed of the remedies available to it under the legislation in force and of the time limits for the introduction of such remedies.
"If the non-compliance persists, the prefect or the minister concerned, as the case may be, shall take appropriate measures to restrict or prohibit the use of the equipment in question or, where appropriate, ensure its withdrawal.
"Art. 24-5.-The owner or, if not, the operator, according to the contractual provisions that bind them, shall, as soon as the owner is informed, inform the prefect concerned:
« 1° Any accident caused by transportable pressure equipment resulting in death or causing serious injury or injury;
« 2° Any accidental rupture under pressure of equipment subject to the provisions of this decree.
"The same obligation is imposed on other economic operators and authorized bodies if they are aware of the accident.
"With the exception of justified necessity, it is prohibited to modify the condition of the premises and facilities concerned by the accident prior to the approval of the prefect.
"The prefect shall send an investigation report to the Minister for Industrial Safety in the case of a container or to the Minister for Land Transport of Dangerous Goods in the case of a tank. The owner or, if not, the operator, in accordance with the contractual provisions that bind them, is required to provide in the course of the investigation all elements relating to the transportable pressure equipment at the origin of the accident and its conditions of use.
"Art. 24-6.-The activity of the bodies authorized under section 22 is under the supervision of the Minister for Industrial Safety and the Minister for Land Transport of Dangerous Goods.
"Transportable pressure monitoring officers may be present at the tests, tests and verifications, carried out by the competent bodies on transportable pressure equipment, in order to monitor the proper execution of the operations for which they have been authorized.
"For this purpose, any authorized body is able to submit to the above-mentioned officers the documents necessary for the performance of their mission, including:
« 1° The list of agents of the body authorized to perform the operations for which it was authorized;
« 2° The procedures for the execution of the operations for which it was authorized;
« 3° Technical records submitted to the organization;
« 4° The planned programme for carrying out operations for which it was authorized, except in the case of serial inspections for which a production program is available;
« 5° The list of verified equipment and the results of these operations.
"Any authorized body shall report to the Minister for Industrial Safety, in the case of containers, or to the Minister for Land Transport of Dangerous Goods, in the case of tanks, on the activities carried out under this authorization.
"Art. 24-7.-An authorized body no longer meets the requirements set out in section 23,1° to 3°, or if it does not comply with its obligations set out in sections 23 (1°) and 23 (2°), the Minister responsible for industrial safety or the person responsible for the land transport of dangerous goods has been subject to restrictions, suspends or withdraws the authorization, depending on the gravity of the non-compliance or non-compliance of those requirements »
Section 25 is amended as follows:
1° In the second paragraph of the I, the words: "when the latter fails to meet the requirements set out in sections 4.5 or 6 or has not been the subject of the conformity assessment procedures defined in these sections" are replaced by the words: "when the latter does not meet the requirements set out in sections 3,12 and 15";
2° In the fourth paragraph of the I, the words "under the conditions provided for in Article 21" are replaced by the words "in the conditions provided for in Article 24-4";
3° In II, the words: "in the conditions provided for in section 22" are replaced by the words: "in the conditions provided for in section 24-5";
4° In the second paragraph of the III, the words: "in ignorance of the requirements of Article 22" are replaced by the words: "in ignorance of the requirements of Article 24-5";
5° In the third paragraph of the III, the words: "in ignorance of the rules laid down in Article 13" are replaced by the words: "in ignorance of the rules laid down in Article 20";
6° The IV is thus written:
"The legal persons declared criminally responsible under the conditions provided by theArticle 121-2 of the Criminal Code the offences referred to in I, II and III shall, in addition to the fine in accordance with the terms and conditions set out in section 131-41, be subject to the additional penalty for the confiscation of the thing that served or was intended to commit the offence. »
Title VIII is amended to read:
1° Section 26 is amended as follows:
(a) In the first paragraph, the words "to the Minister for Industry" are replaced by the words "to the Minister for Industrial Safety" and the words "to the Minister for Transport" are replaced by the words "to the Minister for Land Transport of Dangerous Goods";
(b) In the second paragraph, the words: "to the provisions of titles IV, V and VI" are replaced by the words: "to the provisions relating to periodic controls, intermediate controls and exceptional controls contained in title III and to the other provisions of titles IV and V";
2° Section 28, as it relates to tables relating to Decree No. 99-1046 of 13 December 1999 on Pressure Equipment and Decree No. 2001-386 of 3 May 2001 relating to transportable pressure equipment inserted under heading II of the annex to Decree No. 97-1194 of 19 December 1997, and section 29 are repealed.
3° In section 30, the words: "with the exception of those mentioned in sections 28 and 29 that will be amended under the conditions set out in thearticle 2 of the decree of 15 January 1997 referred to above » are deleted.
Appendix 1 is replaced by the following:
“Annex 1
“PROCEDURE FOR REASSESSMENT OF THE CONFORMITY
"I.-The method to ensure that transportable pressure equipment manufactured and put into service before the date of entry into force of this Order and which does not bear the conformity markings that it provides meet the relevant provisions of the TDG Order and this Order, applicable at the time of reassessment of compliance, is set out in this Annex.
"II.-The owner or operator shall provide to an authorized body meeting the NF EN ISO/ CEI 17020 standard of March 2005 type A, authorized for the re-evaluation of conformity, information concerning the transportable pressure equipment that allows this body to identify it precisely (origin, design rules and, with respect to acetylene cylinders, porous mass indications). This information includes, where applicable, prescribed restrictions of use, notes of possible damage or repairs that have been made.
"III.-The authorized Type A body, authorized to re-evaluate compliance, assesses whether the transportable pressure equipment provides at least the same level of safety as the transportable pressure equipment referred to in the TDG Order. The evaluation is carried out on the basis of information provided in accordance with II and, where applicable, additional controls.
"IV.-If the results of the evaluation in III are satisfactory, the transportable pressure equipment is subject to the periodic inspection in the TDG Order. If the requirements of this periodic inspection are met, the marking Pi shall be affixed by or under the control of the authorized body responsible for periodic inspection in accordance with the provisions of Article 18. Marking Pi is followed by the identification number of the authorized body responsible for periodic inspection. The authorized body responsible for the periodic inspection shall issue a re-evaluation certificate in accordance with VI.
"V.-When the pressure receptacles are manufactured in series, it is authorized that each pressure receptacle, including its valves and other accessories used for transport, be subject to a reassessment of compliance by an authorized body, authorized for the periodic inspection of the transportable pressure receptacles concerned, provided that the conformity of the type has been assessed in accordance with the III by an authorized Type A body responsible for the reassessment of the conformity, Marking Pi is followed by the identification number of the authorized body responsible for periodic inspection.
"VI.-In all cases, the authorized body responsible for periodic inspection shall issue the re-evaluation certificate with, at a minimum, the following:
« 1° The identification of the authorized body issuing the certificate and, if different, the identification number of the authorized type body A responsible for the reassessment of compliance in accordance with the III;
« 2° The name and address of the owner or operator specified in II;
« 3° In the case of application of the procedure referred to in the V, the data identifying the type reassessment certificate;
« 4° The transportable pressure equipment identification data on which the Pi marking was affixed, including at least the serial number(s);
« 5° The delivery date.
" VII.-When the V procedure is applied, the Type A body responsible for the reassessment of compliance issues the Type Re-evaluation Certificate, which includes at least the following:
« 1° Identification of the authorized body issuing the certificate;
« 2° The name and address of the manufacturer and holder of the original type approval for the transportable pressure equipment being re-evaluated, when the holder is not the manufacturer;
« 3° Data identifying the transportable pressure equipment in the series;
« 4° The date of issue;
« 5° The following statement: "This certificate does not authorize the manufacture of transportable pressure equipment or elements of such equipment".
" VIII.-In applying or affixing the Pi mark, the owner or operator indicates that it is responsible for the conformity of the transportable pressure equipment with all the requirements defined in the TMD Order and in this Order applicable at the time of re-evaluation. »
Appendix 2 is replaced by the following:
“Annex 2
"LIST OF DANGEROUS GOODS
VISED TO 1° OF ARTICLE 2
| 1051 | 6.1 | STABILIZED HYDROGEN CYANIDE Containing less than 3% water |
| 1052 | 8 | ANHYDROGENE FLUORIDE |
| 1745 | 5.1 | BROME PENTAFLUORIDE Carriage in tanks is excluded |
| 1746 | 5.1 | BROME TRIFLUORIDE Carriage in tanks is excluded |
| 1790 | 8 | FLUORHYDRICAL ACID Containing more than 85% hydrogen fluoride |
| 2495 | 5.1 | IDE PENTAFLUORIDE Carriage in tanks is excluded |
Appendix 3 is replaced by the following:
“Annex 3
"THE CONFORMITY MARKING ON ARTICLE 19
"The Pi marking corresponds to the symbol below according to the following graphic representation:
You can consult the table in the
JOn° 150 of 30/06/2011 text number 15
"The Pi mark has a minimum height of 5 mm. For transportable pressure equipment with a diameter not exceeding 140 mm, the minimum height is 2.5 mm.
"The proportions given on the above-mentioned millimetre paper are respected. The grid is not part of the marking. »
Title VI is repealed and Appendix IV is deleted.
I. ― Title II of the annex to Decree No. 97-1194 of 19 December 1997, the tables concerning the decree of 2 April 1926 amended regulating steamers other than those placed on board the ships, Decree No. 43-63 of 18 January 1943 amended regulating the gas-pressed apparatus, Decree No. 99-1046 on Pressure Equipment and Decree No. 2001-386 of 3 May 2001 on Transportable Pressure Equipment are abolished.
II.-At the end of Title II, B "Actions taken by the Minister for Transport" of theAnnex to Decree No. 97-1198 of 19 December 1997 :
1° The table concerning Decree No. 2001-386 of 3 May 2001 relative to transportable pressure equipment and taken for the application of 1° of Article 2 of Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions is replaced by the following table:
| 1 | Prohibition or restriction on the marketing, transport or use of hazardous equipment, and their withdrawal. | Articles 24-1,24-2,24-3 and 24-4 |
| | Specific requirements for the construction, verification, maintenance or use of hazardous equipment (recipients and tanks). | |
| 2 | Enabling control bodies and their suspension or withdrawal (recipients and tanks). | Articles 22 and 24-7. |
| 1 | Accreditation of control bodies involved in industrial safety (pressure devices) | Articles 5 and 6. |
| 2 | Withdrawal of the dangerous product market. | Article 45-1. |
| 1 | Removal of the market of dangerous devices or products | Article 8. |
| 2 | Accreditation of control bodies involved in industrial safety (pressure devices) | Article 6 bis. |
| 1 | Authorization of control bodies referred to in sections 10.12.18 and 3.1.2 and 3.1.3 of Schedule 1, as well as the suspension or withdrawal of this authorization. | Articles 14,21 and 23. |
| | Authorization of user inspection bodies referred to in Article 14 and the suspension or withdrawal of this authorization. | |
| 2 | Prohibition or restriction on the marketing, commissioning or maintenance of hazardous equipment and their withdrawal. | Articles 28 and 29. |
| | Specific requirements for the construction, verification, maintenance or use of hazardous equipment. | |
The provisions of this Decree shall enter into force on 1 July 2011.
Organizations regularly authorized or approved on the date of publication of this Order shall be deemed to meet the requirements of theArticle 23 of Decree No. 2001-386 of 3 May 2001 in its writing from this decree until the expiry of their authorization or approval orders.
The Minister of Ecology, Sustainable Development, Transport and Housing is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 28 June 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
