Key Benefits:
Minister of Ecology, Sustainable Development, Transport and Housing,
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;
Having regard to the amended Decree of 18 January 1943 concerning the regulation of gas pressure devices;
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, including article 14;
Considering the amended decision of 3 May 2004 on the operation of transportable pressure receptacles;
Having regard to the 16 December 2010 Enabling Orders Decree No. 2001-386 of 3 May 2001 modified for transportable pressure equipment of GAPAVE, Bureau Veritas and ASAP;
Considering the application by the Association of Independent Controllers (ACI) dated 13 December 2011;
Considering the opinion of the Central Commission of Pressure Devices dated 15 March 2012,
Stop it!
The Association of Independent Controllers (ACI) (22 East Street, 92100 Boulogne Cedex) is authorized until March 31, 2013 to:
1. Establish compliance and issue type certificates, in accordance with the provisions of decree of 3 May 2001 referred to abovenew portable pressure receptacles, including their taps and other accessories, if any, placed on the community market.
2. Reassess the conformity of existing transportable pressure receptacles, including their valves and other accessories, as appropriate, through the conformity assessment procedure in Annex to the above-mentioned Decree of 3 May 2001.
3. Perform periodic inspection of transportable pressure receptacles having received the conformity marking provided by the decree of 3 May 2001 referred to aboveincluding those of their valves and other accessories, where applicable, and existing gas cylinders bearing the conformity marking provided for in the 11 March 1986 Orders, in accordance with the provisions of decree of 3 May 2001 referred to above.
4. Perform periodic inspection of transportable pressure receptacles, constructed in accordance with the provisions of the above-mentioned Decree of 18 January 1943 and which have not been subject to the reassessment of the conformity provided for by the decree of 3 May 2001 referred to above, including those of their faucets and other accessories, where applicable. This control is carried out in accordance with the provisions of decree of 3 May 2001 referred to above.
5. Perform control of transportable pressure receptacles that have undergone significant intervention.
For activities related to this authorization, the ICA is required to meet the following conditions:
1. Maintain accreditation issued by COFRAC on the basis of a quality assurance system that includes all of the procedures for activities under this authorization. Accreditation certificates are prepared by COFRAC according to the standard NF EN ISO/CEI 17020, type A (general criteria for the operation of different types of inspection bodies).
Procedures and updates are communicated to the Minister for Industrial Safety. Any withdrawal or suspension of such accreditation shall be reported to the Minister for Industrial Security within one week.
2. Not applicable.
3. Establish and maintain the list of authorized officers involved in the control operations referred to in Article 1 of this Order. The updated list of officers is transmitted annually to the Minister for Industrial Safety as part of the activity report referred to in item 19 below. The quality documentation referred to in paragraph 1 above shall specify the conditions for the authorization of officers of the authorized body responsible for the controls carried out under this authorization.
4. To lend itself to the monitoring actions that could be carried out by officials responsible for the control of transportable pressure equipment, or by a person mandated by the Minister responsible for industrial safety, and to verify compliance with the conditions of this order and the technical and regulatory competence of the body. In particular:
∙ notify the Director of the Regional Service in charge of territorially competent industrial security of the execution of certain operations referred to in Article 1 of this Order;
― address the discrepancies identified in these monitoring actions within the prescribed time limit.
The conditions for the implementation of this item are defined by the Minister for Industrial Safety.
5. Participate in meetings organized on the initiative of the State to ensure national coordination among the French-powered bodies.
6. Participate, if necessary through an association of bodies, in the national and European standardization work on the transportable pressure receptacles affected by this authorization as well as in the coordination bodies established at the European level under the Directive on Transportable Pressure Equipment and ensure that the assessment personnel are informed of it.
7. Apply the interpretation provisions of the Directive on Transportable Pressure Equipment, prepared by the Commission and the Member States, and inform manufacturers and operators, upon request, of these provisions.
8. To bring to the attention of the Minister responsible for industrial safety cases where the application of the provisions referred to in paragraph 7 above would be difficult.
9. Contact the Minister responsible for industrial safety and representative professional organizations on a regular basis, who request a synthesis of the information he obtains from other organizations notified under the Transportable Pressure Equipment Directive.
10. Inform the Minister responsible for industrial safety of the CE type or CE design certificates, type certificates and quality system approvals that he has withdrawn by setting out the reasons for this decision; provide the Minister for Industrial Security with the request of the Minister for Industrial Safety the list of CE type or CE design certificates, type approvals and quality system approvals issued, refused, suspended or subject to other restrictions and any relevant information relating to such certificates, certificates and approvals.
11. Inform other organizations notified under the Transportable Pressure Equipment Directive, Type CE Examination Certificates or Design CE Certificates, Type Certificates or Quality System Approvals that have been denied, withdrawn, suspended or otherwise subject to other restrictions and, upon their request, of certificates, certificates and approvals that have been issued; provide to the request of other notified bodies
12. Communicate to the Minister responsible for industrial safety any circumstances affecting the scope and conditions of the authorization.
13. Provide, at the request of the national authorities of a State of the European Union in charge of market surveillance, any information necessary to carry out this activity.
14. Communicate to the Minister for Industrial Security any request for information received from the national authorities of a State of the European Union in charge of market surveillance on conformity assessment activities.
15. Please provide the European Commission with all necessary information regarding the conformity assessment activities covered by this authorization. A copy of this information is forwarded to the Minister for Industrial Safety.
16. Maintain the separation of activities as an authorized body of those that it may otherwise have, either in terms of advice, assessment, testing, inspection or monitoring on behalf of a manufacturer, operator or donor or for the application of national regulations other than that relating to transportable pressure equipment.
To do so, a description of these different activities with their respective purpose is provided to manufacturers and operators, upon request, so that they can judge what falls under regulatory requirements and, on the other hand, other provisions. A brief description of these activities is also included in the activity report referred to in item 19 below.
17. Clearly disclose to manufacturers and operators the amount of benefits related to the interventions carried out under this authorization.
18. Inform the Minister responsible for industrial safety of any intent to amend the civil liability insurance contracted in order to cover the risks inherent in the assessment or re-evaluation of compliance or that of periodic controls within the community framework.
19. To report annually to the Minister for Industrial Security, before February 15, on the activity of this authorization during the past calendar year, without prejudice to requests for additional information on the organization's activity.
Excerpts from this report on the operations carried out in each administrative region are also provided to the directors of the regional services responsible for territorially competent industrial security.
The conditions for transmission of these records are defined in relation to the Minister responsible for industrial safety.
20. Notify the operator of any non-compliance with the transportable pressure receptacles in service identified in the activities carried out under this authorization. Unless action by the operator within one month, the agency shall inform the Director of the Regional Service responsible for territorially competent industrial safety. Information from the operator and the regional service in charge of industrial safety is immediate if the non-conformity of transportable pressure receptacles is likely to compromise the safety of persons.
21. In the event of subcontracting of certain specific tasks, within the meaning of NF EN ISO/CEI 17020, or by resort to a subsidiary, ensure that the subcontractor or subsidiary meets the requirements set out in paragraph 1 above of this authorization and inform the Minister responsible for industrial safety accordingly. If not, it must be able to prove that the subcontractor or subsidiary is competent to provide the transactions.
The organization assumes full responsibility for the tasks performed by subcontractors or affiliates under this authorization, regardless of location.
Activities can only be subcontracted or carried out by a subsidiary with the customer's agreement.
The organization shall make available to the Minister responsible for industrial safety the relevant documents relating to the assessment of the qualifications of the subcontractor or subsidiary and the work performed by the subcontractor or subsidiary.
A brief description of the subcontracted activities is also included in the activity report referred to in paragraph 19 above.
This authorization may be suspended, restricted or withdrawn in the event of a serious breach of the obligations established by the decree of 3 May 2001 referred to above or its enforcement orders or the conditions of section 2 of this order, without compensation or compensation of any kind.
Article 1 of the above-mentioned decrees of 16 December 2010 is amended as follows:
1° In 1, the words: "Establish conformity" are replaced by the words: "Establish conformity and issue a certificate of type approval";
2° In 2, the word "Establi" is replaced by the word "Reassems".
The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 22 March 2012.
For the Minister and by delegation:
Chief of Service
technological risks,
J. Goellner
