Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
Having regard to Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment;
Vu le environmental codeincluding articles L. 557-1 to L. 557-61;
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;
Considering the amended decision of 3 May 2004 on the operation of transportable pressure receptacles;
Having regard to the amended decision of 29 May 2009 concerning the carriage of dangerous goods by land (known as "TDG Order");
Considering the application by APAVE dated 18 February 2014;
Considering the opinion of the Central Commission of Pressure Devices dated 20 March 2014,
Stop it!
APAVE (191, rue de Vaugirard, 75738 Paris Cedex 15) is authorized until March 31, 2017 for the following control operations:
1. Establish compliance and issue type certificates, in accordance with the provisions of decree of 3 May 2001 referred to abovenew transportable 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 compliance reassessment procedure in Annex to the above-mentioned Decree of 3 May 2001.
3. Perform periodic inspection of transportable pressure receptacles bearing the marking Pi, including that of their valves and other accessories where applicable, and existing gas cylinders bearing the marking epsilon, in accordance with the provisions of the decree of 3 May 2001 referred to above.
4. Perform periodic inspection of transportable pressure receptacles bearing the horse head marking and which have not been the subject of the reassessment of the conformity provided by the decree of 3 May 2001 referred to aboveincluding valves and other accessories where applicable. This control is carried out in accordance with the provisions of the amended May 3, 2004.
5. Perform control of transportable pressure receptacles that have undergone significant intervention.
6. Perform periodic inspection of refillable welded steel cylinders for UN 1011, 1075, 1965, 1969 or 1978, at a 15-year interval, subject to the provisions of paragraph 12 of the ADR P200 packing instruction annexed to the TDG Order.
7. Issue authorizations for the establishment of internal inspection services and ensure their monitoring in accordance with the provisions defined in subsection 1.8.7.6 of the ADR annexed to the TDG Order.
For activities related to this authorization, APAVE is required to meet the following conditions:
1. Maintain accreditation issued by COFRAC or by another body, a signatory to the European multilateral agreement as part of the European coordination of accreditation bodies (EAs), on the basis of a quality assurance system that includes all procedures for activities under this authorization. Accreditation certificates are prepared by COFRAC or by another body, a signatory to the European multilateral agreement taken in the framework of the European coordination of accreditation bodies (EA), according to the standard NF EN ISO/CEI 17020, type A (general criteria for the operation of different types of inspection bodies).
Technical and quality documentation (procedures, instructions, operating procedures...) and their updates are communicated at least annually to the Minister responsible for industrial safety. Any withdrawal or suspension of such accreditation shall be reported within one week to the Minister for Industrial Safety.
2. Establish and maintain a list of geographical units, among those annexed to the existing document attesting to the accreditation of the body referred to in paragraph 1 above, with the technical, documentary and human resources to enable the exercise of activities related to this authorization. The updated list of geographical units is transmitted annually to the Minister for Industrial Safety in addition to the activity report referred to in item 19 below. Information from the Director of the Regional Service in charge of territorially competent industrial safety is provided in the event of a reorganization during the year.
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 carried out by environmental inspectors or any other administrative officer responsible for the control of transportable pressure equipment 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;
- to transmit to the Director of the Regional Industrial Security Service, at his request, all documents and records relating to the monitoring operation;
― justify as in need of the officer's ability to perform control;
― 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 concerned 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 staff is informed.
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 of these provisions, when they apply to the planned control operation.
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 type CE or design CE certificates, type certificates and authorizations given to the internal inspection services that he has withdrawn by setting out the reasons for this decision; provide, at the request of the Minister for Industrial Safety, a list of CE type or CE design certificates, type certificates and authorizations given to the internal inspection services that it has issued, refused, suspended or subject to other restrictions, as well as any useful information relating to such certificates, certificates and approvals.
11. Inform other organizations notified under the Transportable Pressure Equipment Directive, Type CE or Design CE Examination Certificates, Type Certificates or Type Certificates of Accreditation, or Type Approvals to Internal Inspection Services that have been denied, withdrawn, suspended or subject to other restrictions, and, upon request, certifications, certificates and approvals that have been issued by the CE system; provide to the request for further inspection
12. Communicate to the Minister responsible for industrial safety any circumstance affecting the scope and conditions of 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. Provide, at the request of the European Commission, all necessary information relating to 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 those 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 intention to amend the civil liability insurance contracted to cover the risks inherent in the control operations referred to in section 1 of this Order.
19. To provide an annual report to the Minister responsible for industrial safety, 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 operations in each administrative region are also provided to the directors of the regional services responsible for territorially competent industrial safety.
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 or recourse to a subsidiary, comply with the provisions of section 1.8.6.4 of the ADR annexed to the TDG Order and inform the Minister responsible for industrial safety accordingly.
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 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 code of the aforementioned environment and the texts concerning the transportable pressure receptacles taken for its application, or under the conditions of Article 2 of this Order, without compensation or compensation of any kind.
This sanction may be limited to the only geographical unit responsible for the breach. The organization then removes the geographical unit from the list referred to in section 2 of this Order.
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 March 25, 2014.
For the Minister and by delegation:
Deputy Director
accidental risks,
N. Chantrenne
