Key Benefits:
Publics concerned: users, economic operators and compliance assessment and monitoring organizations in use in the field of risk products and equipment.
Purpose: regulation of the marketing of risk products and equipment and their monitoring in service.
Entry into force: the text comes into force on the day after its publication. Application times by type of product or equipment are also available from July 1, 2015 to October 17, 2016.
Notice: This decree is taken to ensure the transfer of several directives of the European Union adopted in 2013 and 2014 to strengthen the regulation of risk products and equipment, such as explosives, devices and protection systems intended to be used in explosive atmospheres, pressure-duty devices or finally equipment and equipment used in the use of fuel gases. It sets out the conditions for the manufacture and marketing of these products and equipment, market surveillance rules and in-service monitoring operations. It defines the responsibilities of the various economic operators (manufacturer, agent, distributor, importer).
References: this decree is taken for the application of theArticle 14 of Act No. 2013-619 of 16 July 2013 bringing various provisions for adaptation to European Union law in the field of sustainable development. It is available on the website Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Having regard to Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 establishing the requirements for certification and market surveillance for the marketing of products and repealing Council Regulation (EEC) No. 339/93;
Considering Regulation (EC) No 1272/2008 of the European Parliament and Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006;
Having regard to Decision (EC) No. 768/2008/EC of the European Parliament and the Council of 9 July 2008 on a common framework for product marketing and repealing Council decision 93/465/EEC;
Having regard to Council Directive 84/525/EEC of 17 September 1984 on the approximation of the legislation of the Member States relating to seamless steel gas cylinders;
Having regard to Council Directive 84/526/EEC of 17 September 1984 on the approximation of the legislation of the Member States relating to unalloyed aluminium gas cylinders and aluminium alloys;
Having regard to Council Directive 84/527/EEC of 17 September 1984 on the approximation of the legislation of member States concerning welded gas cylinders in non-alloyed steel;
Having regard to Council Directive 87/404 of 25 June 1987 concerning the approximation of the laws of the Member States relating to single pressure receptacles;
Having regard to Council Directive 89/686/EEC of 21 December 1989 on the approximation of the legislation of member States on personal protective equipment;
Having regard to Council Directive 93/15/EEC of 5 April 1993 on the harmonization of provisions concerning the marketing and control of civilian explosives;
Considering Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the legislation of the Member States for devices and protection systems intended to be used in explosive atmospheres;
In light of Council Directive 96/98/EC of 20 December 1996 on marine equipment;
Having regard to Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of the laws of the Member States concerning equipment under pressure;
Having regard to Council Directive 99/36/EC of 29 April 1999 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 Directive 2007/23/EC of the European Parliament and the Council of 23 May 2007 on the marketing of pyrotechnic articles;
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 2009/105/EC of the European Parliament and the Council of 16 September 2009 on single pressure receptacles;
Having regard to Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment;
Having regard to Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonization of the legislation of the Member States concerning the provision on the market of pyrotechnic articles (refonte);
Considering the Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the legislation of the Member States concerning the provision on the market and control of explosives for civilian use (refonte) ;
Considering Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the legislation of the Member States concerning the provision of simple pressure receptacles on the market;
Having regard to Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the legislation of the Member States concerning devices and protection systems for use in explosive atmospheres;
In view of the Commission's implementation directive 2014/58/EU of 16 April 2014 establishing, pursuant to Directive 2007/23/EC of the European Parliament and the Council, a system of traceability of pyrotechnic articles;
Considering Directive 2014/68/EU of the European Parliament and the Council of 15 May 2014 on the harmonization of the legislation of the Member States regarding the provision of pressure equipment on the market;
Vu le Defence codeincluding articles R. 2352-21 to R. 2352-121;
Vu le Customs Codeincluding article 38;
Vu le environmental codeincluding articles L. 120-1 and L. 557-1 to L. 557-61;
Vu le Criminal code ;
Vu le road codeincluding articles R. 321-6 to R. 321-19;
Vu le Public Health Codeincluding article L. 5211-1;
Vu le Transport codeincluding article L. 1252-1;
Vu le Labour codeincluding articles R. 4311-4, R. 4311-6, R. 4311-8 and R. 4462-1;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, including article 21;
Having regard to the decree of 2 April 1926 concerning regulations on steamers other than those on board vessels;
Having regard to the decree of 18 January 1943 concerning the regulation of gas-pressed appliances;
Vu le Decree No. 84-810 of 30 August 1984 relating to the safeguarding of human life at sea, the habitability on board ships and the prevention of pollution;
Vu le Decree No. 95-1081 of 3 October 1995 relating to the safety of persons, animals and goods in the use of electrical equipment intended to be used within certain voltage limits;
Vu le Decree No. 97-34 of 15 January 1997 the deconcentration of individual administrative decisions;
Vu le Decree No. 97-1196 of 19 December 1997 to the Minister of Defence and the Minister of Veterans Affairs, 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 for application 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. 97-1204 of 19 December 1997 for application to the Minister for the Environment 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 concerning pressure equipment;
Vu le Decree No. 2000-810 of 24 August 2000 concerning the placing on the market of elevators;
Vu le 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;
Vu le Decree No. 2007-1557 of 2 November 2007 on basic nuclear facilities and the nuclear safety control of the transport of radioactive substances;
Vu le Decree No. 2010-166 of 22 February 2010 concerning the safety of toys;
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. 2010-455 of 4 May 2010 on the marketing and control of explosives;
Vu le Decree No. 2010-580 of 31 May 2010 relating to the acquisition, detention and use of fireworks and pyrotechnics for theatre;
Having regard to the advice of the Interdepartmental Commission on the Transport of Dangerous Goods dated 11 March 2015;
Considering the opinion of the Nuclear Safety Authority of 21 April 2015;
The State Council (section of public works) heard,
Decrete:
The title V of Book V of the Environmental Code (regulatory part) is supplemented by a chapter VII as follows:
“Chapter VII
"Risk products and equipment
“Section 1
“General provisions
"Art. R. 557-1-1.-I.-The explosive products referred to in Article L. 557-1 are the products whose characteristics are fixed in Article R. 557-6-2.
"II.-The devices and protection systems intended to be used in explosive atmospheres referred to in Article L. 557-1 are the products and equipment whose characteristics are fixed in Article R. 557-7-2.
"III.-The pressure devices referred to in Article L. 557-1 are:
« 1° Pressure equipment and assemblies whose characteristics are fixed in article R. 557-9-2;
« 2° Single pressure receptacles whose characteristics are fixed in Article R. 557-10-2;
« 3° Transportable pressure equipment whose characteristics are fixed in articles R. 557-11-2 and R. 557-15-1;
« 4° Nuclear pressure equipment and nuclear assemblies whose characteristics are fixed in Article R. 557-12-2.
"Art. R. 557-1-2.- Subject to the provisions of Article R. 557-4-1, the competent administrative authority within the meaning of this chapter shall:
"the Minister for the Transport of Dangerous Goods, in the case of transportable pressure equipment referred to in section R. 557-11-1 b;
"the Minister of Defence, in the case of in-service monitoring of the pressure apparatus used by the armed forces;
"-the Nuclear Safety Authority, in the case of nuclear pressure equipment and nuclear sets;
"-the Minister responsible for industrial safety in other cases or, where individual products and equipment are concerned, the Prefect.
"Art. R. 557-1-3.-The competent administrative authority within the meaning of section R. 557-1-2 may, on duly justified request, authorize on the national territory the provision on the market, the storage for the provision on the market, the installation, the commissioning, use, import or transfer of certain goods and equipment without the satisfaction of all the requirements of section 2
"These authorizations and arrangements can be temporary. The competent administrative authority shall establish any condition that ensures the safety of the product or equipment under such authorizations and arrangements.
"The silence held for more than six months on a request for authorization or development is a decision to reject.
“Section 2
« Obligations of economic operators
"Art. R. 557-2-1.-Manufacturers establish procedures to ensure that serial production of risk products and equipment remains in compliance with the requirements of this chapter. These procedures take into account changes in the design or characteristics of the product or equipment as well as modifications to the harmonized standards or other technical specifications in relation to which the conformity of a product or equipment is declared.
"Art. R. 557-2-2.-The technical documentation referred to in Article L. 557-5 is written in French or in a language accepted by the authorized body referred to in Article L. 557-31.
"Compliance of a product or equipment is assessed for each major change or transformation, i.e., for each modification or transformation that affects its performance, which alters its original destination or type or affects its compliance with the essential safety requirements that apply to it.
"Art. R. 557-2-3.-The markings provided for in Article L. 557-4 and this chapter are visible, legible and indelible on the product or equipment or on its marked plate. When this is not possible or is not guaranteed in respect of the nature of the product or equipment, they are affixed to the packaging and accompanying documents.
"Art. R. 557-2-4.-The certificates referred to in Article L. 557-4 shall contain at least one declaration of conformity established by the manufacturer or its agent. This is translated into the language(s) required by the Member State in the market where the product or equipment is made available.
"When a product or equipment falls under several European Union directives or regulations imposing a declaration of conformity, it is established only one declaration of conformity for all such acts. This statement mentions the titles of the acts of the European Union concerned and the references to their publication.
"The declaration of conformity shall be updated in the event of significant modification or transformation of the product or equipment, as defined in section R. 557-2-2.
"Art. R. 557-2-5.-The safety instructions and information referred to in Article L. 557-15, as well as any labelling, are clear, understandable, intelligible.
"Manufacturers shall indicate their name, social reason or registered trademark and the postal address to which they may be contacted on the product or equipment or, where not possible, on its packaging or in a document accompanying the product or equipment. The address specifies a unique location where the manufacturer can be contacted. The coordinates are indicated in a language easily understandable by the end users and the competent administrative authority.
"Art. R. 557-2-6.- Importers shall indicate their name, social reason or registered trademark and the postal address to which they may be contacted, on the product or equipment, or, where not possible, on its packaging or in a document accompanying the product or equipment. The coordinates are indicated to be understandable by the end users.
"Art. R. 557-2-7.-By derogation from the provisions of sections L. 557-4 and L. 557-5, the presentation of products or equipment not in accordance with the provisions of this chapter at trade fairs, exhibitions or demonstrations organized for marketing purposes is permitted, provided that a visible indication clearly specifies their non-compliance and the impossibility of acquiring such products or equipment prior to compliance.
"The products and equipment bear a label indicating the name and address of the manufacturer and the name and address of the importer if the manufacturer is not located in the European Union; designation and type of product or equipment; where applicable, the name and date of the trade fair, exhibition or demonstration for which these products or equipment are intended; the minimum safety distance to be observed during demonstrations. If the place available on the product or equipment does not allow it, the information is mentioned on the smallest packaging unit.
"In demonstrations, adequate security measures are taken to ensure the protection of persons, if any, under the order of the competent administrative authority. Pressure is prohibited.
“Section 3
“In-service monitoring
"Reserved Section.
“Section 4
“Executive agencies
"Subsection 1
“Enhabilitation of organizations
"Art. R. 557-4-1.-Enhabilitation is granted to the organizations referred to in Article L. 557-31 by:
"the Minister for the Transport of Dangerous Goods, in the case of transportable pressure equipment referred to in section R. 557-11-1 b;
"-the Nuclear Safety Authority, in the case of nuclear pressure equipment and nuclear assemblies, except for the activities referred to in paragraphs 3.1.2 and 3.1.3 of Annex I to Directive 2014/68/ EU of the European Parliament and the Council of 15 May 2014 on the harmonization of the legislation of the Member States concerning the provision on the market of pressure equipment (refonte) ;
"In other cases, the Minister responsible for industrial safety or the prefect when the body is a user inspection service referred to in paragraph 11(b) of section R. 557-4-2 for in-service monitoring of pressure devices and the empowerment has a local scope.
"Art. R. 557-4-2.-The criteria referred to in Article L. 557-31, to be met by an agency for authority, are as follows:
« 1° The body has the legal personality;
« 2° The organization is a third-party agency independent of its client;
« 3° The agency, its executive executives and the personnel responsible for carrying out the activities referred to in Article L. 557-31 are neither the designer, manufacturer, supplier, installer, buyer, owner, user, nor the person responsible for the maintenance of the products or equipment that they assess or control, nor the agent of any of these parties. This does not prevent the use of such products or equipment that are necessary for the operation of the body, or the use of them for personal purposes.
"The organization, its executives and the personnel responsible for carrying out the activities referred to in Article L. 557-31 shall not act directly or as agents in the design, manufacture or construction, marketing, installation, use or maintenance of the products or equipment referred to in Article L. 557-1. They do not participate in any activity that could jeopardize the independence of their judgment and integrity in the activities referred to in Article L. 557-31. This applies in particular to advisory services.
"The activities of the subsidiaries or subcontractors of the organization do not affect the confidentiality, objectivity or impartiality of its activities referred to in Article L. 557-31;
« 4° The organization and its staff shall carry out the activities referred to in Article L. 557-31 with the highest professional integrity and technical competence required in the specific field and shall be free from any pressure or incentives, including financial order, that may influence their judgment or the results of their conformity assessment work, in particular by persons or groups of persons interested in these results;
« 5° The organization is capable of performing all the tasks involved in the activities referred to in Article L. 557-31 assigned to it in accordance with the procedures referred to in Article R. 557-4-6 and for which it requests to be authorized, whether these tasks are carried out by itself or in its name and under its responsibility.
"In all circumstances and for each conformity assessment or monitoring procedure in service and any type or class of products or equipment, the organization shall be sufficient:
“(a) Required personnel with the technical knowledge and experience necessary to perform the tasks involved in the activities referred to in Article L. 557-31;
“(b) Descriptions of procedures used to assess compliance or monitor in service, ensuring transparency and reproductive capacity of these procedures; the organization has appropriate policies and procedures that distinguish between the tasks it performs as an authorized body and other activities;
"(c) Procedures to carry out its activities that take into account the size of the enterprises, the sector in which they operate, their structure, the degree of complexity of the technology of the product or equipment in question and the nature, by mass, or serial, of the production process.
"It is equipped with the necessary means to carry out the technical and administrative tasks related to the activities referred to in Article L. 557-31 and has access to all necessary equipment or facilities;
« 6° The tasks involved in the activities referred to in Article L. 557-31 shall be:
“(a) A strong technical and professional training covering all activities for which the organization has been authorized;
“(b) Satisfactory knowledge of the requirements for the activities it performs and the authority necessary to carry out these activities;
"(c) Adequate knowledge and understanding of the essential security requirements and regulatory monitoring modalities, applicable harmonized standards and relevant provisions of the European Union harmonization legislation and national legislation;
"(d) The ability to prepare certificates, minutes and reports that constitute the materialization of the evaluations and controls performed;
« 7° The organization of the organization ensures its impartiality, as well as that of its executives and its personnel responsible for performing compliance assessment or controls. These individuals do not participate in any activity that could jeopardize the independence of their judgment and integrity as part of the inspection activities.
"The remuneration of executives and staff responsible for performing compliance or monitoring tasks in service within the organization does not depend on the number of tasks performed or their results;
« 8° The organization participates in standardization activities in its field of empowerment and in the activities of the coordination group of notified bodies established pursuant to the applicable European Directive, ensures that its personnel responsible for performing compliance assessment tasks are informed and implements as guidelines decisions and administrative documents resulting from the work of this group;
« 9° The organization is accredited by the French Accreditation Committee, or by any other accreditation body signatory to an agreement concluded within the framework of the European coordination of accreditation bodies, under the standards set, respectively, by order of the Minister for the Transport of Dangerous Goods, by decision of the Nuclear Safety Authority or by order of the Minister for Industrial Security, as provided for in section R. 557-4-1. This decision specifies the exemptions provided for in Article L. 557-45.
"However, an organization that is not yet accredited to perform the tasks considered may be authorized if its application file for accreditation for these tasks has been declared admissible by the accreditation body. If it does not obtain accreditation within one year of the admissibility decision, the authorization is withdrawn. This period may, on a reasoned request submitted by the organization no later than one month before its expiry, be extended for six months;
« 10° For the in-service monitoring of certain risk products and equipment, the organization ensures minimal coverage of the national territory. Renewal of its authorization may be subject to the realization of a minimum volume of activity during the previous enabling period;
« 11° For pressure devices, the body is:
“(a) Or an organization that meets the 2° (Type A body within the meaning of NF EN ISO/ CEI 17020); an organization owned by a company association or a professional federation that represents companies involved in the design, manufacture, supply, assembly, use or maintenance of the pressure equipment that it assesses may, as long as its independence and the absence of any conflict of interest are established, be considered to be satisfactory to that condition; within the limits of his authorization:
"i. In the area of conformity assessment, re-evaluation of conformity, approval of operating modes and personnel in respect of permanent assemblies, European approvals of materials and in-service monitoring;
"ii. Only in the area of approval of operating modes and personnel for permanent assemblies and approval of personnel for non-destructive controls. In this case, it is called “recognized third party entity”;
“(b) Or an organization that, without meeting the condition mentioned in 2°, works exclusively for the group of which it is a part, has an identifiable structure and has methods of issuing reports within that group that guarantee and demonstrate its impartiality (type B organism within the meaning of NF EN ISO/ CEI 17020); within the limits of its authorization, it intervenes in the area of conformity assessment, reassessment of compliance or monitoring in service; such an organization is referred to as “user inspection service” and the 1° and 2° do not apply to it;
« 12° For transportable pressure equipment, authorized bodies meet the requirements of the order provided by theArticle L. 1252-1 of the Transport Code.
"Art. R. 557-4-3.-The body wishing to be authorized to carry out activities referred to in Article L. 557-31 shall submit an application to the competent administrative authority referred to in Article R. 557-4-1. This request shall be accompanied by:
"-a document specifying the identification of the organization: name, social reason and legal status, full address, telephone number, composition of the board of directors or supervision, name and contact information of the person responsible;
"-a description of the activities for which he wishes to be authorized in respect of products or equipment for which the body claims to be competent;
“-the procedures for such activities;
"-evidences that the organization complies with the provisions of articles L. 557-31 et seq. and R. 557-4-2;
"if applicable, the certificate of accreditation referred to in Article L. 557-32 or the proof of admissibility of its accreditation file for the tasks under consideration, where, as provided in Article R. 557-4-2, the organization is not yet accredited.
"The enabling decision defines the field, the terms and conditions of the exercise and the duration of the authorization.
"The silence held for more than six months on a request for empowerment is a decision to reject.
"The silence held for more than six months on a request for renewal of authorization is a decision of acceptance.
"Art. R. 557-4-4.-When an organization demonstrates compliance with the criteria set out in the Harmonized Standards concerned or in parts of those standards whose references have been published in the Official Journal of the European Union, it is presumed to meet the requirements set out in Article R. 557-4-2 to the extent that the applicable harmonized standards cover these requirements.
"Subsection 2
“ Obligations of authorized bodies
"Art. R. 557-4-5.-The authorized body shall carry out the activities for which it is authorized in accordance with the requirements set out in R. 557-4-2.
"If the authorized agency exempts specific tasks from the activities referred to in section L. 557-31 or uses a subsidiary, it shall verify that the subcontractor or subsidiary meets the requirements set out in section R. 557-4-2 and shall inform the competent administrative authority referred to in section R. 557-4-1 accordingly.
"The organization cannot subcontract certain activities or make them carried out by a subsidiary only with the agreement of its client.
"Art. R. 557-4-6.-I.-The authorized bodies shall implement the conformity assessment procedures referred to in Article L. 557-5 in accordance with the provisions of Articles R. 557-6-5, R. 557-7-5, R. 557-9-5, R. 557-9-6, R. 557-9-9, R. 557-10-5, R. 557-11-4, R. 557-11-5
"II.-The authorized bodies shall carry out, under their supervision, certain in-service follow-up operations referred to in Article L. 557-28 in accordance with the procedures referred to in Article R. 557-15-2.
"III.-The activities referred to in Article L. 557-31 are carried out in a proportionate manner, avoiding unnecessary burdens on economic operators.
"The authorized bodies carry out their activities with due regard to the size of the enterprises, the sector in which they operate, their structure, the degree of complexity of the technology relating to the products or equipment in question and the nature of the production process. However, they respect the degree of rigour and the level of protection required to ensure compliance or control of products or equipment with this chapter.
"Art. R. 557-4-7.-I.-The bodies authorized by the competent administrative authority referred to in Article R. 557-4-1 shall address:
"any withdrawal, suspension or restriction of a certificate or certificate;
"-any refusal to issue a certificate or certificate when the manufacturer, although invited by the organization, has not taken corrective measures to grant the certificate or certificate;
"-any circumstance having an influence on the scope and conditions of empowerment;
"-any request for information received from the market surveillance authorities of another Member State regarding compliance or monitoring activities in service;
"-annually, an account of the activities carried out under this authorization.
"II.-The authorized bodies, including those mentioned in the third paragraph of Article L. 557-31, shall be made available to the competent administrative authority referred to in Article R. 557-4-1:
"the list of activities carried out within the framework of their authorization, including cross-border activities and subcontracts and related technical records;
"the relevant documents relating to the assessment of the qualifications of the subcontractor or subsidiary and the work performed by the subcontractor or subsidiary;
"-the list of agents of the body authorized to perform the operations for which it was authorized;
"the procedures applied for the execution of the transactions for which it was authorized and the associated registrations;
"-the planned program for the execution of operations for which it was authorized.
"III.-Organizations authorized under the provisions of section R. 557-4-1 shall provide to the other bodies referred to in section L. 557-31 that carry out similar conformity assessment activities covering the same products or equipment, relevant information on issues related to the negative results of the conformity assessment and, on request, to positive results.
“Section 5
“Administrative controls and administrative police measures
"Art. R. 557-5-1.-In accordance with Article L. 557-47, the officers referred to in Article L. 557-46 may, inter alia, attend the tests, tests and verifications carried out by the competent bodies on the products or equipment, in order to control the proper execution of the operations for which they were authorized and the compliance with the requirements referred to in Article R. 557-4-2.
"Art. R. 557-5-2.-The samples taken under section L. 557-50 are made up of as many copies as required by the examinations, analyses and tests referred to in this section for the control of conformity of the product or equipment.
"The list of persons who may be designated by the agents referred to in section L. 557-46 to collect samples of products or equipment shall be determined by decision, respectively, of the Minister for the Transport of Dangerous Goods, the Minister of Defence, the Nuclear Safety Authority or the Minister for Industrial Security, as provided in section R. 557-1-2.
"Debits do not result in any payment by the State or the designated persons.
"Art. R. 557-5-3. -The list of laboratories that may be designated to carry out the examinations, analyses and tests referred to in section L. 557-50 shall be determined by decision, respectively, of the Minister for the Transport of Dangerous Goods, the Minister of Defence, the Nuclear Safety Authority or the Minister for Industrial Safety, as provided in section R. 557-1-2.
"The list of tests describing the examinations, analyses and tests carried out by the designated laboratory shall be communicated to the relevant economic operators upon request. This list specifically specifies for each test:
"the number of copies of the collected product or equipment required to complete the test;
"the standard, or the standards or any other reference document describing the tests that make up a test.
"Art. R. 557-5-4.-The officers performing the sampling or the persons they designate to do so shall establish a certificate of collection. This certificate is issued in duplicate and contains at least the following elements when available:
"the name of the agents or natural persons performing the sampling; in the event that the agent collects the samples by a person designated by the agent, the supporting documents of the designation are attached to the sampling certificate;
"the administrative residence of the agent performing the sampling or appointing the person performing the sampling;
"the date and time of sampling;
"-the name of the establishment where the sampling takes place;
"the name and quality of the person at the facility who attends the sampling;
"the number of samples taken and the number of copies composing these samples;
"the name of the product or equipment taken as well as the lot number, or any other identification used by the establishment;
"the certificate number of conformity;
"the list of parts accompanying the product or equipment collected, including the product or equipment usage notice, safety instructions, documents certifying the conformity of the product or equipment and any other relevant document.
"The relevant economic operator referred to in Article L. 557-50, its agent, or, if not, the person present at the time of the sampling may have any statements that he considers useful in the sampling certificate. He is invited to sign it and, in case of refusal, mention is made to the certificate.
"Art. R. 557-5-5.-The samples are sealed. Each seal is equipped with a label on which the sample number and the sample certificate information is displayed. A sample is left in the custody of the economic operator referred to in Article L. 557-50.
"A sample is retained until the final court decision, for the purposes of judicial expertise, by the entity in charge of examinations, analyses or tests, under storage conditions guaranteeing the optimal preservation of its original state.
"The other samples are intended for the conduct of the examinations, analyses or tests by the above-mentioned entity. The economic operator does not modify under any pretext the state of the sample that is in its custody.
"When examinations, analyses or tests have shown that controlled products or equipment comply with the requirements of this chapter, samples taken may, where they have not been subjected to a destructive test, be returned to the economic operator upon request.
“Section 6
“Conformity and use of explosives
"Art. R. 557-6-1.-For the purposes of this section, it is understood that:
“Explosive product”: any material, object or article intended to be used for the effects of its explosion or its pyrotechnical effects and at least meeting the definition of explosive or the definition of pyrotechnic article;
“Explosive”: any substance or object contained in Class 1 of the United Nations Recommendations on the Transport of Dangerous Goods;
“Pyrotechnic article”: any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sounds, gases, smoke or a combination of these effects by an auto-sustained exothermic chemical reaction;
“Artifice of entertainment”: any pyrotechnic article intended for entertainment;
“Pyrotechnic article for theatre”: any pyrotechnic article intended to be used on stage, inside or outside, including in film and television productions, or in similar use;
“Pyrotechnic article for vehicles”: any component of vehicle safety devices containing pyrotechnic substances used to activate these devices or other devices.
"Art. R. 557-6-2.-The provisions of this section apply to explosives as defined in section R. 557-6-1, with the exception of the following products and equipment:
“Explosives intended to be used exclusively by the armed forces, the police, the gendarmerie, fire brigades and mine clearance services;
"- equipment subject to the order taken for the application of Decree No. 84-810 of 30 August 1984 concerning the safeguarding of human life at sea, the habitability on board ships and the prevention of pollution, as it implements Council Directive 96/98/EC of 20 December 1996 on marine equipment;
"- percussion primers specially designed for toys entering the application field Decree No. 2010-166 of 22 February 2010 concerning the safety of toys;
"-munitions, i.e. projectiles, propulsive charges and white ammunition used in firearms and artillery, which are referred in a non-exhaustive manner in Annex I to Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of the Member States concerning the provision on the market and the control of explosives for civilian use;
"- pyrotechnic articles intended to be used in the aerospace industry.
"Art. R. 557-6-3.-Pyrotechnic articles are classified by category as follows:
« 1° Fireworks:
“(a) Category F1: fireworks that have a very low risk and a negligible sound level that are intended to be used in confined spaces, including fireworks intended to be used in residential buildings;
“(b) Category F2: fireworks with low risk and low sound level and intended for use in open air, in confined areas;
"(c) Category F3: fireworks that pose a medium risk, which are intended to be used in open air, in large open spaces and whose sound level is not dangerous to human health;
"(d) Category F4: fireworks that pose a high risk and are intended to be used only by people with special knowledge (also referred to as “professional fireworks”) and whose sound level is not hazardous to human health;
« 2° Pyrotechnics for theatre:
“(a) Category T1: pyrotechnics intended to be used on stage with low risk;
“(b) Category T2: pyrotechnics intended to be used on stage only by people with special knowledge;
« 3° Other pyrotechnic articles:
“(a) Category P1: pyrotechnics, other than fireworks and pyrotechnics intended for theatre, which have a low risk;
“(b) Category P2: pyrotechnics, other than entertainment artifices and pyrotechnics for theatre, which are intended to be manipulated or used only by persons with special knowledge.
"Art. R. 557-6-4.-The essential security requirements mentioned in Article L. 557-4 are those in the case of pyrotechnic articles in Annex I to Directive 2013/29/ EU of the European Parliament and the Council of 12 June 2013 on the harmonization of the legislation of the Member States concerning the provision on the market of pyrotechnic articles (reflective) and,
"An explosive product conforming to harmonized standards or parts of harmonized standards whose references have been published in the Official Journal of the European Union is presumed to comply with the essential safety requirements of these standards or parts of standards.
"Art. R. 557-6-5.-The procedures referred to in Article L. 557-5, to be followed to assess the conformity of explosive products, are those mentioned, in the case of pyrotechnic articles, in Article 17 and Annex II of Directive 2013/29/ EU of 12 June 2013 referred to above and, in the case of other explosive products referred to above, in Article 20 and Annex III of EU Directive 2014/28
"Art. R. 557-6-6.-The declaration of conformity referred to in Article R. 557-2-4 is referred to as the EU declaration of conformity. It is based on the model defined, in the case of pyrotechnic articles, in Annex III of Directive 2013/29/ EU of 12 June 2013 mentioned above and, in the case of other explosive products, in Annex IV of Directive 2014/28/EU of 26 February 2014 mentioned above.
"Art. R. 557-6-7.-The marking referred to in Article L. 557-4 is the CE marking as defined in Article 30 of Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 establishing the requirements for certification and market surveillance for the marketing of products and repealing Council Regulation (EEC) No. 339/93, followed by:
"-of the identification number of the authorized body referred to in Article L. 557-31 when it intervenes in the manufacturing control phase; the identification number of the authorized body shall be affixed by the body itself or, on the instruction of the body, by the manufacturer or its agent;
"if applicable, any other mark indicating a particular risk or use.
"In the case of explosives other than pyrotechnics, manufactured for clean use, transported and delivered off-conditioning or in mobile explosives manufacturing units for direct unloading in the mine hole, and explosive products manufactured on-site and loaded directly after being manufactured (production on-site), the marking is affixed to the accompanying documents.
"Art. R. 557-6-8.-Pyrotechnics are labelled in accordance with the requirements defined by the Minister for Industrial Safety.
"Other explosives that are subject to theArticle R. 2352-47 of the Defence Code shall have a unique identifier affixed in accordance with the provisions of that article and the texts taken for its application.
"Other explosives that are not subject to theArticle R. 2352-47 of the Defence Code carry a type number, batch or serial number or other element for identification or, where the small size, shape or design of the product does not permit, the information required for this product is on its packaging or in a document accompanying it.
"Art. R. 557-6-9.-An explosive product with a expiry date is no longer considered to comply with the requirements of this chapter as long as the date is reached.
"For explosives other than pyrotechnics, the expiry date may be replaced by a new later expiry date, provided that tests on representative samples have shown that explosives continue to meet the requirements of this section until this new expiry date.
"Art. R. 557-6-10.-By derogation from the provisions of sections L. 557-4 and L. 557-5, the manufacture and use of pyrotechnic articles not in accordance with the provisions of this chapter for research purposes is authorized, provided that they bear a label that clearly mentions their non-compliance with the provisions of this chapter. environmental code and their non-availability for purposes other than development, testing and research.
"This label is displayed on the article itself or, if the place available on the article does not allow it, the information is mentioned on the smallest packaging unit. The label also includes the following: the name and address of the manufacturer and the name and address of the importer if the manufacturer is not located in the European Union; the name and address of the research or testing officer and the address of the research or testing site if different; the name of the natural person responsible for research or testing.
"Art. R. 557-6-11.-I.-The explosive products that have met, in one of the Member States of the European Union other than France, the assessment procedures set out in the regulations transposing, in the domestic law of the State in which they were carried out, the provisions of Directive 2014/28/EU of 26 February 2014 mentioned above or Directive 2013/29/ EU of 12 June 2013 mentioned above are presumed to conform to the requirements of the above section.
"II.-Peuvent continue to be made available on the market, stored for their availability on the market, installed, put in service, used, imported or transferred, without having satisfied the provisions of articles L. 557-4, L. 557-5 and R. 557-6-4 to R. 557-6-8, the explosive products that have satisfied, in one of the Member States of the European Union, the regulations
"III.-It is the same for pyrotechnics that have been regularly approved under the Decree No. 2010-455 of 4 May 2010 relating to the marketing and control of explosives, in particular the provisions of the last paragraph of its article 47, until the end of their approval, but not exceeding 4 July 2017 or, for pyrotechnic articles intended for vehicles, including spare parts, on 4 July 2028.
"IV.-The certificates and certificates issued under one of these regulations are valid under this section.
"Art. R. 557-6-12.-I.- Manufacturers may not designate a proxy within the meaning of Article L. 557-18 for pyrotechnics.
"II.- Manufacturers and importers of pyrotechnics shall keep a record of all registration numbers of pyrotechnics they have manufactured or imported, indicating their trade name, generic type and subtype, if any, as well as their manufacturing site, for at least ten years after placing on the product market.
"III.-The authorized bodies shall make available to the public electronically the register referred to in Article L. 557-37.
"Art. R. 557-6-13.-I.-Pyrotechnic articles can only be made available on the market to persons aged 18 or older, and for entertainment artifices of category F1, at least 12 years old.
"II.-Without prejudice to other applicable regulations relating to the training in the implementation of explosives, it is not permitted to manipulate or use pyrotechnic articles of categories F4, T2 or P2 referred to in section R. 557-6-3 that natural persons with a training certificate or authorization issued by a body approved by the Minister responsible for industrial safety.
"Manufacturing and use operations that are subject to the detention of a training certificate or authorization, the knowledge required, the terms and conditions for the content of the training and their organization, the conditions for the accreditation of the organizations, and the content and modalities for the issuance and recognition of the training certificates and the authorizations and their validity are defined by an order of the Minister responsible for industrial safety.
"Also authorized to acquire, hold, manipulate or use pyrotechnic articles of categories F4, T2 or P2 referred to in Article R. 557-6-3 the persons authorized therein by another Member State of the European Union pursuant to a regulation transposing the provisions of Directive 2007/23/EC of 23 May 2007 or Directive 2013/29/EU of 12 June 2013 mentioned above.
"III.-Pyrotechnics of category P1 for vehicles, including airbag and safety belt pretensioner systems, are not made available to individuals, unless these pyrotechnics intended for vehicles have been incorporated in a vehicle or part of a removable vehicle.
"IV.-Prohibits the detention, manipulation or use, acquisition and provision in the French market of certain high-power fireworks that may cause significant damage or risk to the environment due to their composition and whose list is fixed by order of the Minister responsible for industrial safety.
"Art. R. 557-6-14.-I.-The organization that wishes to be approved to issue the training certificates and authorizations referred to in Article II R. 557-6-13 shall submit an application to the Minister for Industrial Safety. To be approved, the organization must meet the criteria for its organization and skills. These criteria and the content of the application file are defined by order of the same Minister. The approval is granted for a period of not more than five years, after examination of the file by the National Institute of Industrial Environment and Risk, on the basis of a specification validated by the Minister for Industrial Safety.
"II.- Employers referred to inArticle R. 4462-1 of the Labour Code are deemed to be authorized to issue to their staff the authorizations provided for in I. Organizations authorized under the conditions provided for by any other regulation relating to the acquisition, possession, handling or use of pyrotechnic articles of categories F4, T2 or P2 referred to in Article R. 557-6-3, to issue the training certificate provided for in I, are also approved under this section.
"III.-Agreed bodies shall annually transmit to the Minister for Industrial Safety the list of persons to whom they have issued a training certificate or an authorization.
"Art. R. 557-6-15.-Is punishable by the fine provided for in the contraventions of the fifth class by:
« 1° For economic operators, make available on the market pyrotechnic articles of categories F4, T2 or P2 referred to in Article R. 557-6-3 to natural persons who do not have the training certificate or the authorization referred to in Article II R. 557-6-13, in violation of the provisions of Article L. 557-9;
« 2° For economic operators, make pyrotechnic articles available on the market to natural persons who do not respect the age conditions mentioned in article I R. 557-6-13;
"3° Handling or using pyrotechnic articles of categories F4, T2 or P2 referred to in Article R. 557-6-3 without being a holder of the certificate of training, empowerment or authorization from another Member State of the European Union referred to in Article R. 557-6-13 II;
« 4° Issue training certificates or authorizations referred to in Article R. 557-6-13 without the necessary approval provided for in the same article;
« 5° Manufacture or use an explosive product for research, development and testing purposes without meeting the labelling requirements set out in R. 557-6-10.
“Section 7
“Compliance of protective devices and systems for use in explosive atmospheres
"Art. R. 557-7-1.-For the purposes of this section, the following are:
" Apparatus": machinery, equipment, fixed or mobile devices, control organs, instrumentation and detection and prevention systems which, alone or combined, are intended for production, transport, storage, measurement, regulation, energy conversion or material transformation and which, by the potential sources of ignition that are specific to them, may cause the explosion to be triggered;
“Protection systems”: devices, other than the components of the apparatus, whose function is to immediately stop the nascent explosions or limit the area affected by an explosion and which are made available separately on the market as stand-alone systems;
“Components”: parts that are essential to the safe operation of devices and protection systems but do not have an autonomous function.
"Art. R. 557-7-2.-The provisions of this section apply to the following products and equipment, below referred to as "products":
"- devices and protection systems intended to be used in explosive atmospheres;
"-security, control and adjustment devices intended to be used outside of explosive atmospheres but which are necessary or that contribute to the safe operation of devices and systems of protection against the risk of explosion;
"-components, intended to be integrated into devices and protective systems for use in explosive atmospheres,
"with the exception of the following products and equipment:
"- devices and protection systems when the danger of explosion is exclusively due to the presence of explosive or unstable chemical materials;
"- equipment intended to be used in domestic and non-commercial environments in which an explosive atmosphere can only rarely arise, only as a result of accidental gas leakage;
"- individual protective equipment referred to inArticle R. 4311-8 of the Labour Code ;
"-navirs and offshore mobile units as well as equipment on board these ships or units;
"- means of transport, i.e. vehicles and their trailers intended solely for the carriage of persons in the air, on road, rail or on water and means of transport designed for the transport of goods in the air, on public road, rail or on water; are not excluded, however, vehicles intended to be used in an explosive atmosphere;
"arms, ammunition and war materials.
"Art. R. 557-7-3.-Products are classified into two groups as defined:
« 1° Group of Devices I: Devices for underground mining work and parts of their surface facilities, which may be endangered by grey or fuel dust including the categories of M1 and M2 equipment, depending on the level of protection to be guaranteed;
« 2° Group of Devices II: Devices intended to be used in other locations that may be endangered by explosive atmospheres including the categories of apparatus 1,2 and 3, according to the necessary level of protection to be guaranteed;
"These groups and categories are defined in Annex I of Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of the Member States concerning devices and protection systems intended to be used in explosive atmospheres.
"Art. R. 557-7-4.-The essential security requirements referred to in Article L. 557-4 are those set out in Appendix II of Directive 2014/34/EU of 26 February 2014 mentioned above.
"A product conforming to harmonized standards or parts of harmonized standards whose references have been published in the Official Journal of the European Union is presumed to comply with the essential safety requirements of these standards or parts of standards.
"Art. R. 557-7-5.-The procedures referred to in Article L. 557-5, to be followed to assess the conformity of protective devices and systems intended to be used in explosive atmospheres, are those contained in Article 13, paragraphs 1 to 4, and Annexes III to IX to Directive 2014/34/EU of 26 February 2014 referred to above.
"Art. R. 557-7-6.-The declaration of conformity referred to in Article R. 557-2-4 is referred to as the EU declaration of conformity. It is based on the model set out in Annex X of Directive 2014/34/EU of 26 February 2014 mentioned above.
"However, components are not subject to a EU compliance declaration; a written certificate of conformity shall be issued by the manufacturer declaring the conformity of these components with the provisions of this chapter and indicating their characteristics and the conditions of their incorporation into devices or protective systems that contribute to the respect of essential safety requirements that apply to finite devices or protection systems.
"Each product is accompanied by a copy of the EU compliance statement or the compliance certificate. However, where a large number of products is delivered to a single user, the set or lot concerned may be accompanied by a single copy of the EU compliance declaration or the compliance certificate referred to above.
"Art. R. 557-7.-The marking referred to in Article L. 557-4 is the CE marking as defined in Article 30 of Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 establishing the requirements for certification and market surveillance for the marketing of products and repealing Council Regulation (EEC) No. 339/93, followed by:
"-of the identification number of the authorized body referred to in Article L. 557-31 when it intervenes in the manufacturing control phase; the identification number of the authorized body shall be affixed by the body itself or, on the instruction of the body, by the manufacturer or its agent;
"-the specific marking of protection against explosions "Epsilon-x" as represented in c of Article 38, paragraph 1, of Directive 2014/34/EU of 26 February 2014 referred to above, the symbols of the group and category of apparatus and, where applicable, other markings and information defined in item 1.0.5 of Annex II to this directive;
"if applicable, any other mark indicating a particular risk or use; In particular, products that are designed for specific explosive atmospheres are marked accordingly.
"The components are not marked under this section.
"Art. R. 557-7-8.-The products have a type, lot or serial number or other element allowing their identification or, where the size or nature of the product does not permit, the information required for this product is on its packaging or in a document accompanying it.
"Art. R. 557-7-9.-I.-The products that have satisfied, in one of the Member States of the European Union other than France, the assessment procedures set out in the regulations transposing, in the domestic law of the State in which they were completed, the provisions of Directive 2014/34/EU of 26 February 2014 mentioned above are presumed to conform to the requirements of this section.
"II.-May continue to be made available on the market, stored for their availability on the market, installed, put in service, used, imported or transferred, without having satisfied the provisions of articles L. 557-4, L. 557-5 and R. 557-7-4 to R. 557-7-8, the products that have satisfied, in one of the Member States of the European Union, the procedures for the evaluation of the States
"III.-The certificates and certificates issued under one of these regulations are valid under this section.
“Section 8
"Conformity and installation of equipment and equipment used to use fuel gases
"Reserved Section.
“Section 9
“Conformity of pressure equipment
"Art. R. 557-9-1.-For the purposes of this section, it is understood that:
“Pressure equipment”: receptacles, pipes, safety accessories and pressure accessories (including, where applicable, the elements attached to the pressure parts, such as flanges, pins, fittings, supports and lifting legs) with a maximum allowable PS pressure greater than 0.5 bar;
“ “ Together”: several pressure equipment assembled by a manufacturer to form an integrated and functional whole;
“Recipient”: an envelope designed and constructed to contain pressure fluids, including elements that are attached to it directly to the device intended for connection with other equipment; a receptacle may contain one or more compartments;
“Tuyauteries”: pipe components, intended for the transport of fluids, when connected to be integrated into a pressure system; pipes include a pipe or hose assembly, tubing, piping accessories, expansion joints, hoses or, where applicable, other pressure-resistant components; heat exchangers made of pipes and intended for cooling or warming air are assimilated to pipes;
“Safety Accessories”: devices intended for the protection of pressure equipment and sets against the overtaking of the permissible limits, including devices for the direct limitation of the pressure, such as safety valves, breaking disc devices, torching rods, controlled safety devices (CSPRS) and control devices that implement means of intervention or result in the cut-off and locking, such as
“Pressure accessories”: devices that play an operational role and whose envelope is under pressure;
“Pressure”: the pressure expressed by its deviation from atmospheric pressure, the vacuum being expressed by a negative value;
“Maximum permissible pressure (PS)”: the maximum pressure for which the pressure equipment or assembly is designed, specified by the manufacturer and defined at a location specified by the manufacturer, i.e. either the location where the protective or safety organs are connected, or the upper part of the pressure equipment or the whole, or, if not appropriate, any other specified location;
“Minimum/maximum permissible temperature (TSmin, TSmax)”: the minimum and maximum temperatures for which the pressure equipment or assembly is designed, specified by the manufacturer;
“Volume (V)”: the internal volume of each compartment, including the volume of connections up to the first connection and excluding the volume of permanent internal elements;
"Nominal dimension (DN): the designation, in the form of the DN letters followed by a number, of the common dimension to all elements of a pipe system other than the elements indicated by their outer diameter or by the size of the net; it is a rounded number for reference purposes and has no strict relationship with the manufacturing quotas;
“ Fluids”: the gases, liquids and vapours in pure phase and the mixtures of them; fluids may contain a solid suspension;
“Permanent assembly”: assemblies that cannot be separated except by destructive methods;
“European Material Approval”: a technical document defining the characteristics of materials intended for repeated use for the manufacture of pressure equipment or assemblies that have not been subject to a harmonized standard;
“Enforcement”: the first use of pressure equipment or a set by its user;
“Technical specifications”: a document setting the technical requirements to be met by pressure equipment or sets.
"Art. R. 557-9-2.-The provisions of this section apply to the design, manufacture and assessment of the conformity of pressure equipment and assemblies, with the exception of the following products and equipment:
“(a) Canalizations comprising a pipe or a set of pipes intended for the transport of any fluid or material to one or from a facility (on land or at sea), from, and including, the last isolation organ located within the perimeter of the facility, including all the attached equipment that are specifically designed for the pipeline; are not excluded, however, standard pressure equipment such as those that can be found in relaxation stations and compression stations;
“(b) Water supply, distribution and disposal networks and their equipment as well as motor water pipes such as forced pipes, pressurized galleries, water balancing chimneys and their specific accessories;
"(c) Single pressure receptacles referred to in Article R. 557-10-2;
"(d) Aerosol generators mentioned by the order taken for the application of Decree No. 2010-323 of 23 March 2010 relative to the prevention of risks resulting from the use of aerosol generators;
“e) Equipment for the operation of vehicles referred to in Articles R. 321-6 to R. 321-19 of the road code ;
“(f) Equipment conforming to the characteristics of categories 0 or I referred to in II and III of Article R. 557-9-3 and which belong to one of the following categories:
“(i) machines mentioned in the articles R. 4311-4 and R. 4311-6 the Labour Code;
"ii) elevators mentioned atArticle 1 of Decree No. 2000-810 of 24 August 2000 concerning the placing on the market of elevators;
"iii) electrical equipment referred to inArticle 1 of Decree No. 95-1081 of 3 October 1995 relating to the safety of persons, animals and goods in the use of electrical equipment intended to be used within certain limits of tension;
"(iv) medical devices referred to inArticle L. 5211-1 of the Public Health Code ;
"(v) gas appliances and gas equipment referred to in Article L. 557-1;
"(vi) products and equipment referred to in Article R. 557-7-2;
“(g) Weapons, ammunition and war equipment;
"(h) Nuclear pressure equipment and nuclear assemblies defined in Article R. 557-12-1;
“(i) Well control equipment used in the oil, gas or geothermal prospecting and exploitation industry as well as in underground storage and intended to contain or control the pressure of the well; This includes the well head (Christmas tree) and safety shutters (BOP), piping and collectors as well as their equipment upstream;
“j) Equipment with carters or mechanisms whose dimensioning, the choice of materials, the construction rules are essentially based on criteria of resistance, rigidity and stability with respect to static and dynamic demands in service or with respect to other characteristics related to their operation and for which the pressure is not a significant factor in the design level; these equipment may include:
"(i) engines, including turbines and internal combustion engines;
"(ii) steam machines, gas or steam turbines, turbo generators, compressors, pumps and servo-commands;
“(k) Stoves, including their cooling systems, their hot wind regenerators, their dust extractors and their high furnace gas scrubbers, as well as direct-reducing furnaces, including their cooling systems, their gas converters and their vats for fusion, refusion, degassing and casting of steel, iron, and non-ferrous metals;
"(l) Envelopes of high voltage electrical equipment such as connection and control equipment, transformers and rotating machines;
“m) Pressure envelopes surrounding transmission network elements, such as electrical cables and telephone cables;
“(n) boats, ships, rockets, aircraft or off-shore mobile units as well as equipment specifically intended to be installed on or propelled on these devices;
"(o) Pressure equipment consisting of a flexible envelope, such as tyres, pneumatic cushions, balls and playballs, inflatable boats and other similar pressure equipment;
“p) Exhaust and intake silencers;
“q) Bottles or cans of soft drinks for end consumers;
"(r) Containers for the transport and distribution of drinks with a PS × V product not exceeding 500 liter bars and a maximum permissible pressure not exceeding 7 bars;
"(s) Equipment under the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), the Regulation respecting international rail transport (RID), the International Maritime Code for the Transport of Dangerous Goods (IMDG) and the International Civil Aviation Convention (ICAO);
"(t) Radiators and pipes in hot water heating systems;
“(u) Containers to contain liquids with a gas pressure above the liquid not exceeding 0.5 bar.
"Art. R. 557-9-3.-I.-For the characterization and classification of pressure equipment and assemblies, the fluids are divided into two groups, as follows:
« 1° Group 1, consisting of substances and mixtures, within the meaning of paragraphs 7 and 8 of Article 2 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 relating to the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/ EEC and 1999/45/EC and amending the defined Regulations (EC) No 1907/2006, which are considered to be
"(i) unstable or explosive explosives of Divisions 1.1,1.2,1.3,1.4 and 1.5;
"ii) flammable gases, categories 1 and 2;
"(iii) oxidizing gases, Class 1;
"(iv) flammable liquids, categories 1 and 2;
"(v) flammable liquids, Class 3 when the maximum permissible temperature is greater than the flash point;
"(vi) flammable solids, categories 1 and 2;
"(vii) self-reactive substances and mixtures, types A to F;
"viii) pyrophoric liquids, Category 1;
"ix) pyrophoric solids, Category 1;
"(x) substances and mixtures that, in contact with water, release flammable gases from categories 1.2 and 3;
"xi) oxidizing liquids, of categories 1,2 and 3;
"(xii) oxidizing solids, categories 1,2 and 3;
"xiii) organic peroxides of types A to F;
"xiv) Acute oral toxicity: categories 1 and 2;
"xv) Acute skin toxicity: categories 1 and 2;
"xvi) acute inhalation toxicity: categories 1.2 and 3;
"xvii) specific toxicity for certain single target organ: Category 1;
"Group 1 also includes substances and mixtures contained in pressure equipment whose maximum permissible temperature TS is greater than the flashpoint of the fluid;
« 2° Group 2, consisting of other substances and mixtures.
"II.-Pressure equipment and ensembles, when exceeding the characteristics mentioned below, are classified as four categories I, II, III and IV, as defined in Annex II of Directive 2014/68/ EU of the European Parliament and of the Council of 15 May 2014 on the harmonization of the laws of the Member States concerning the provision of pressure equipment on the market, in accordance with the increasing dangers they pose.
« 1° Pressure equipment :
“(a) The receptacles, with the exception of those under b, provided for:
"(i) gases, liquefied gases, pressure-relief gases, vapours and liquids whose vapour pressure, at the maximum permissible temperature, exceeds the normal atmospheric pressure of 0.5 bar (1013 mbar), within the following limits:
"-for group 1 fluids, when the volume is greater than 1 litre and the PS × V product is greater than 25 litre bars and when the PS pressure is greater than 200 bars;
"-for Group 2 fluids, when the volume is greater than 1 liter and the PS × V product is greater than 50 liter bars and when the PS pressure is greater than 1000 bars as well as all portable extinguishers and bottles for respiratory appliances;
"ii) liquids whose vapour pressure, at the maximum permissible temperature, does not exceed 0.5 bar the normal atmospheric pressure (1013 mbar), within the following limits:
"-for group 1 fluids, when the volume is greater than 1 litre and the PS × V product is greater than 200 bars-litres, as well as when the PS pressure is greater than 500 bars;
"-for Group 2 fluids, when the PS pressure is greater than 10 bar and the PS × V product is greater than 10,000 bar-litres, and when the PS pressure is greater than 1000 bar;
“(b) Pressure equipment subject to flame action or a calorific intake with a overheating hazard for the production of steam or overheated water at a temperature greater than 110° C when the volume is greater than 2 litres and all self-cleaners;
“(c) The pipework for:
"(i) gases, liquefied gases, pressure-relief gases, vapours and liquids whose vapour pressure, at the maximum permissible temperature, exceeds the normal atmospheric pressure of 0.5 bar (1013 mbar), within the following limits:
"-for group 1 fluids, when the nominal DN dimension exceeds 25;
"-for Group 2 fluids, when the nominal DN is greater than 32 and the PS × DN product is greater than 1,000 bars;
"ii) liquids whose vapour pressure, at the maximum permissible temperature, does not exceed 0.5 bar the normal atmospheric pressure (1013 mbar), within the following limits:
"-for group 1 fluids, when the nominal DN is greater than 25 and the PS × DN product is greater than 2,000 bars;
"-for Group 2 fluids, when the PS pressure is greater than 10 bar and the nominal DN is greater than 200 and the PS × DN product is greater than 5,000 bar;
"(d) Safety accessories and pressure accessories for items a, b and c equipment, including when such equipment is incorporated into a package;
« 2° Packages with at least 1° pressure equipment that meet the following characteristics:
“(a) Sets for steam and overheated water production at a temperature greater than 110° C with at least one pressure equipment subject to flame action or a calorific intake with a danger of overheating;
“(b) Packages other than those mentioned in a when their manufacturer intends to be made available on the market and in service as sets.
"III.-Pressure equipment and assemblies not exceeding the characteristics mentioned in II are said to be Category 0. They are designed and manufactured in accordance with the rules of art in use in a Member State of the European Union to ensure their safe use. They are not subject to the provisions of articles L. 557-4, L. 557-5 and the following articles of this section.
"IV.-When a container consists of several compartments, the container is classified in the highest of the categories of each individual compartment. When a compartment contains several fluids, the classification takes place according to the fluid that requires the highest category.
"Art. R. 557-9-4.-The essential security requirements referred to in Article L. 557-4 are those set out in Annex I to Directive 2014/68/EU of 15 May 2014 referred to above.
"These include materials used to manufacture pressure equipment and assemblies. Compliance with these requirements is achieved: either by the use of materials conforming to harmonized standards or having been subject to European material approval or by a particular material assessment.
"By derogation, the sets for the production of hot water at a temperature equal to or below 110° C, manually powered by solid fuel, with a PS × V product greater than 50 literal bars, meet the essential safety requirements set out in items 2.10.2.11 and 3.4 and a and d of item 5 of Annex I to EU Directive 2014/68/ of 15 May 2014 referred to above.
"Pressure equipment or set conforming to harmonized standards or parts of harmonized standards whose references have been published in the Official Journal of the European Union is presumed to comply with the essential safety requirements of these standards or parts of standards.
"Art. R. 557-9-5.-The procedures referred to in Article L. 557-5, to be followed to assess the conformity of pressure equipment and assemblies, are the procedures and modules set out in paragraphs 2 to 6 of Article 14 and Annex III of Directive 2014/68/EU of 15 May 2014 referred to above.
"Art. R. 557-9-6.-European material approval is granted, at the request of one or more manufacturers of materials, pressure equipment or assemblies, by one of the bodies referred to in Article L. 557-31 authorized for this task.
"The organization defines and performs or performs the appropriate tests and tests to certify the conformity of the types of materials with the essential safety requirements. In the case of recognized safe-use materials before November 29, 1999, the organization takes into account the existing data to certify this compliance.
"The authorized body, before issuing a European material approval, shall inform the Member States of the European Union and the European Commission by transmitting the relevant information. Within three months, a Member State of the European Union or the Commission may comment by setting out its reasons. The organization may issue European material approval taking into account the observations presented. A copy of the European material approval is transmitted to the Member States of the European Union, the authorized bodies and the European Commission.
"The organization that issued European material approval withdraws this approval when it finds that the approval should not have been issued or when the material type is covered by a harmonized standard. It shall immediately inform the other Member States of the European Union, the authorized bodies and the European Commission of any withdrawal of approval.
"Art. R. 557-9-7.-The declaration of conformity referred to in Article R. 557-2-4 is referred to as the EU declaration of conformity. It is based on the model set out in Annex IV of Directive 2014/68/ EU of 15 May 2014 mentioned above.
"Art. R. 557-9-8.-The marking referred to in Article L. 557-4 is the CE marking as defined in Article 30 of Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 establishing the requirements for certification and market surveillance for the marketing of products and repealing Council Regulation (EEC) No. 339/93, followed by:
"-of the identification number of the authorized body referred to in Article L. 557-31 when it intervenes in the manufacturing control phase; the identification number of the authorized body shall be affixed by the body itself or, on the instruction of the body, by the manufacturer or its agent;
"if applicable, any other mark indicating a particular risk or use.
"The marking shall be affixed when the equipment under pressure or the whole is complete or in a state to carry out its final verification, when it is provided for in Annex I to EU Directive 2014/68/ of 15 May 2014 referred to above.
"It is not necessary to affix the marking on each of the individual pressure equipment that compose a set. Individual pressure equipment already bearing the marking when they are incorporated into the whole retain this marking.
"Art. R. 557-9-9.-When the conformity assessment is carried out by a user inspection service referred to in b of 11° of Article R. 557-4-2, the applicable conformity assessment procedures are only the modules A2, C2, F and G referred to in Annex III of Directive 2014/68/ EU of 15 May 2014 referred to above. Pressure equipment or assembly shall not bear the marking provided for in Article L. 557-4. It can only be used in establishments operated by the inspection unit.
"Art. R. 557-9-10.-I.-The pressurized equipment and ensembles that have satisfied, in one of the Member States of the European Union other than France, the assessment procedures set out in the regulations transposing, in the domestic law of the State where they have been completed, the provisions of Directive 2014/68/ UE of 15 May 2014 referred to above are presumed to conform to the requirements of this section.
"II.-May continue to be made available on the market, stored for their availability on the market, installed, put in service, used, imported or transferred, without having satisfied the provisions of articles L. 557-4, L. 557-5 and R. 557-9-4 to R. 557/23-9, the equipment under pressure and ensembles that have satisfied, in one of the States members of the European Union,
"III.-May continue to be installed, put into service, used, imported or transferred the other pressure equipment that has been regularly authorized, pursuant to the decree of 2 April 1926 concerning the regulation of steam apparatus other than those placed on board the ships or the decree of 18 January 1943 concerning the regulation of gas-pressed appliances and their texts of application, and were placed on the market before 29 May 2002.
"IV.-The certificates and certificates issued under one of these regulations are valid under this section.
“Section 10
“Conformity of single pressure receptacles
"Art. R. 557-10-1.-For the purposes of this section, it is understood that:
“Simple pressure receptacles”: the receptacles containing all of the following characteristics:
« 1° The receptacles are welded, intended to be subjected to an internal pressure greater than 0.5 bar and to contain air or nitrogen and are not intended to be subjected to flame;
« 2° The parts and assemblies contributing to the pressure receptacle resistance are made of either non-alloyed steel or non-alloyed aluminium or non-tipped aluminum alloys;
« 3° The receptacles shall consist of:
“(a) Either of a circular straight section cylindrical part closed by convex bulged funds or flat funds. These funds are the same axis of revolution as the cylindrical part;
“(b) Two bulged funds of the same axis of revolution;
« 4° The maximum working pressure of the receptacle is less than or equal to 30 bar and the product of this pressure by its capacity (PS × V) is not more than 10,000 liter bars;
« 5° The minimum service temperature is not less than 50° C and the maximum service temperature is not greater than 300° C for steel containers or 100° C C for aluminium or aluminum alloy containers;
“Pressure”: the pressure expressed by its deviation from atmospheric pressure, the vacuum being expressed by a negative value;
“Maximum working pressure (PS)”: the maximum pressure that can be exerted under normal conditions of use of the receptacle;
“Volume (V): the capacity of the container;
“Minimum or maximum service temperature (Tmin, Tmax): the lowest or highest stabilized temperature according to the case of the container wall under normal conditions of use;
“ “ Lot of containers ” : lot consisting of not more than 3,000 containers of the same type;
"Serial manufacture": manufacture of several containers of the same type according to a continuous manufacturing process during a given period, in accordance with a common design and with the same manufacturing processes.
"Art. R. 557-10-2.-The provisions of this section apply to the design, manufacture and assessment of conformity of mass-produced single pressure receptacles, with the exception of the following products and equipment:
"- transportable pressure equipment defined in R. 557-11-1;
"- nuclear pressure equipment defined in Article R. 557-12-1;
"- apparatus specifically intended for the equipment or propulsion of ships, ships or aircraft;
"- fire extinguishers.
"Art. R. 557-10-3.-Single pressure receptacles whose product PS × V is less than or equal to 50 bed bars are designed and manufactured according to the rules of art in use in a Member State of the European Union. They are not subject to the provisions of Articles L. 557-4, L. 557-5 and the following articles of this section, except for the requirement to mark the technical characteristics contained in the fourth paragraph of Article R. 557-10-7.
"Art. R. 557-10-4.-The essential safety requirements referred to in Article L. 557-4 are those set out in Annex I and Item 2 of Annex III of Directive 2014/29/ EU of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of the Member States concerning the provision on the market of single pressure receptacles.
"A single pressure receptacle conforming to harmonized standards or parts of harmonized standards whose references have been published in the Official Journal of the European Union is presumed to comply with the essential safety requirements of these standards or parts of standards.
"Art. R. 557-10-5.-The procedures, referred to in Article L. 557-5, to be followed to assess the conformity of single pressure receptacles, are those set out in paragraphs 1 and 2 of Article 13 and Annex II of Directive 2014/29/EU of 26 February 2014 referred to above.
"Art. R. 557-10-6.-The declaration of conformity referred to in Article R. 557-2-4 is referred to as the EU declaration of conformity. It is based on the model set out in Annex IV of Directive 2014/29/EU of 26 February 2014 above.
"Art. R. 557-10-7.-The marking referred to in Article L. 557-4 is the CE marking as defined in Article 30 of Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 establishing the requirements for certification and market surveillance for the marketing of products and repealing Council Regulation (EEC) No. 339/93, followed by:
"-of the identification number of the authorized body referred to in Article L. 557-31 when it intervenes in the manufacturing control phase; the identification number of the authorized body shall be affixed by the body itself or, on the instruction of the body, by the manufacturer or its agent;
"-of the last two figures of the year in which the CE marking is affixed;
"-the following technical characteristics: the maximum service pressure (PS) expressed in bars, the maximum service temperature (Tmax) expressed in° C, the minimum service temperature (Tmin) expressed in° C, the capacity of the container (V) expressed in litres, the name, the social reason or the registered mark and the address of the manufacturer, the type and the serial identification or batch of the receptacle;
"if applicable, any other mark indicating a particular risk or use.
"When a signal plate is used, it is designed to be non-reusable and has a free space to register other data.
"Art. R. 557-10-8.-I.-The simple pressure receptacles that have satisfied, in one of the Member States of the European Union other than France, the assessment procedures provided for by the regulations transposing, in the domestic law of the State where they have been completed, the provisions of Directive 2014/29/EU of 26 February 2014 referred to above, are presumed to conform to the requirements of this section.
"II.-May continue to be made available on the market, stored for their availability on the market, installed, put in service, used, imported or transferred, without having satisfied the provisions of articles L. 557-4, L. 557-5 and R. 557-10-4 to R. 557-10-7, the simple pressure receptacles that have satisfied, in one of the States members of the European Union,
"III.-May continue to be used or transferred the other simple pressure receptacles that have been regularly authorized, pursuant to the decree of January 18, 1943 concerning the regulation of gas pressure appliances and its application texts, and were placed on the market before July 1, 1992.
"IV.-The certificates and certificates issued under one of these regulations are valid under this section.
“Section 11
“Conformity of transportable pressure equipment
“Art. R. 557-11-1.-For the purposes of this section, “transportable pressure equipment” means:
“(a) Pressure receptacles, their valves and other accessories where applicable, as covered by Chapter 6.2 of the schedules of the order provided for by the OrderArticle L. 1252-1 of the Transport Code ;
“(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 annexes to the above-mentioned Order,
"When the equipment referred to in point a and b are used in accordance with these annexes for the transport of gases of Class 2, excluding gases or products designated by number 6 or 7 in the classification code, or for the transport of dangerous substances of UN number 1051,1052,1745 (transport into excluded tanks), 1,746 (transport into excluded tanks), 1,790 (containing more than 85% of hydrogen fluoride) or
"(c) Gas cartridges (UN 2037),
"with the exception of the following products and equipment:
"(i) the 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);
"ii) open cryogenic receptacles;
"(iii) gas cylinders for respiratory and fire extinguishers (UN 1044) subject to the provisions of section 9;
"(iv) the equipment exempted under item 1.1.3.2 of the schedules of the order provided by theArticle L. 1252-1 of the Transport Code and equipment exempted from the rules of construction and testing of packagings in accordance with the special provisions of item 3.3 of the annexes to the same order.
"The classes and UN numbers mentioned in this article are defined in the agreements and regulations referred to in Article 2 of Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods.
"Art. R. 557-11-2.-The provisions of this section apply to the design, manufacture, conformity assessment and conformity assessment of transportable pressure equipment, with the exception of the following products and equipment:
« 1° Equipment used exclusively for the carriage of dangerous goods between the territory of the European Union and that of third countries, carried out in accordance with the requirements of the order provided for by theArticle L. 1252-1 of the Transport Code ;
« 2° Equipment used on board vessels, ships or aircraft;
« 3° Equipment for the propulsion and operation of special equipment of vehicles subject to provisions of Book III of the Road Code.
"Art. R. 557-11-3.-Transportable pressure equipment is designed and manufactured according to essential safety requirements referred to in Article L. 557-4 and defined by the above-mentioned Order.
"Art. R. 557-11-4.-The procedures, referred to in Article L. 557-5, to be followed to assess the conformity of transportable pressure equipment, are set out in the above-mentioned Order.
"The valves and other accessories with a direct safety function for the transportable pressure equipment, including safety valves, filling and discharge valves and cylinder valves, and bearing the CE compliance marking provided for in section R. 557-9-8, may be used if they have been assessed for their compliance in accordance with the regulations for the transportable pressure equipment in force between 1 June 2001 and
"Art. R. 557-11-5.-The declaration of conformity referred to in Article R. 557-2-4 is referred to as a certificate of conformity. It contains the elements defined in the order taken for the application of theArticle L. 1252-1 of the Transport Code.
"Art. R. 557-11-6.-The marking referred to in Article L. 557-4 is the marking " Pi as defined in paragraphs 1 to 3 of Article 15 of Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment, followed by the identification number of the authorized body referred to in Article L. 557-31 involved in initial controls and tests. This number is affixed by the body itself or, on the instruction of the body, by the manufacturer or its agent.
"The "P" marking is affixed in a visible, legible and permanent manner to the transportable pressure equipment or to its signal plate as well as to the demountable parts of the refillable transportable pressure equipment with a direct safety function.
"Art. R. 557-11-7.-Transportable pressure equipment manufactured and put into service before the date of application, according to the equipment, of Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment, may be subject to a reassessment of compliance, with a view to a posteriori assessing their compliance.
"This re-evaluation is carried out by an organization referred to in Article L. 557-31 authorized for this task, following the procedure set out in Annex III to Directive 2010/35/EU of 16 June 2010. The success of a compliance reassessment results in the issuance of a re-evaluation certificate and marking “ Pi” of transportable pressure equipment.
"Art. R. 557-11-8.-I.-The transportable pressure equipment that has satisfied, in one of the Member States of the European Union other than France, the assessment procedures provided for by the regulations transposing, in the domestic law of the State in which they have been completed, the provisions of Directive 2010/35/EU of 16 June 2010 above are presumed to conform to the requirements of this section.
"II.-May continue to be made available on the market, stored for their availability on the market, installed, put in service, used, imported or transferred, without having satisfied the provisions of articles L. 557-4, L. 557-5 and R. 557-11-3 to R. 557-11-6 the transportable pressure equipment that have satisfied, in one of the States members of the European Union, the procedures EEC of the Council of 17 September 1984 concerning the approximation of the laws of the Member States concerning non-alloyed aluminium gas cylinders and aluminium alloy, of Directive 84/527/ EEC of the Council of 17 September 1984 concerning the approximation of the laws of the Member States concerning welded gas cylinders in non-alloyed steel or of Directive 1999/36/EC of 29 April 1999 above, and were placed on the market before the end of the respective periods of application of these guidelines.
"III.-May continue to be installed, put into service, used, imported or transferred other transportable pressure equipment that has been regularly authorized pursuant to the decree of January 18, 1943 concerning the regulation of gas pressure appliances and its application texts and put on the market before July 1, 2011.
"IV.-The certificates and certificates issued pursuant to Directive 1999/36/EC of 29 April 1999 above remain valid for the purposes of this section. They are recognized as equivalent to the type approval certificates provided by the order taken for the application of theArticle L. 1252-1 of the Transport Code and shall be subject to the provisions relating to limited recognition in time of type approvals referred to in the said order.
“Section 12
“Conformity of nuclear pressure equipment
"Art. R. 557-12-1.-I.-A nuclear-pressure equipment is a pressurized equipment that meets the characteristics referred to in R. 557-9-1, with the exception of the exclusions provided for in a to g and i to u of R. 557-9-2, and which meets the following conditions:
“(a) It is used or intended to be used in a basic nuclear facility referred to in Article L. 593-1;
“(b) It directly ensures, under the conditions defined for its operation, the containment of radioactive substances;
"(c) In the event of a failure, it leads to a rejection of activity greater than 370 MBq, assessed in accordance with the terms fixed by the Minister for Nuclear Safety.
"Permanent assemblies on the pressure parts of a nuclear-pressed equipment, carried out under the manufacturer's responsibility, are an integral part of this equipment.
"II.-For the purposes of this section, in addition to the definitions in R. 557-9-1, the following definitions are defined:
“ “ Nuclear set”: a set comprising at least one nuclear-pressed equipment;
“ “ Exploiting”: the person who is licensed to establish the basic nuclear facility in which nuclear-pressed equipment is installed or intended to be installed.
"Art. R. 557-12-2.-The provisions of this section apply to the design, manufacture and assessment of the conformity of nuclear pressure equipment and nuclear sets, with the exception of nuclear reactor containment enclosures and nuclear fuel sheaths.
"Art. R. 557-12-3.-I.-Nuclear pressure equipment is classified as:
« 1° In three levels, N1, N2 and N3, especially depending on the decreasing importance of radioactive emissions that may result from their failure; and
« 2° In five categories, 0, I, II, III and IV, depending on the other increasing risks, especially those related to the temperature and pressure of the fluids they contain.
"These levels and categories are defined by an Order of the Minister for Nuclear Safety.
"II.-The operator of a basic nuclear facility lists nuclear pressure equipment used in the facility. It indicates and justifies the level it gives to each of these equipment. It identifies its category and justifies it on the basis of the descriptive record. This list and associated justifications are made available to the Nuclear Safety Authority.
"Art. R. 557-12-4.-The essential safety requirements referred to in Article L. 557-4 applicable to Class I to IV nuclear pressure equipment and to nuclear assemblies of which at least one of the constituent equipment falls under categories I to IV referred to in section R. 557-12-3 or section R. 557-9-3 are defined by order of the Minister responsible for nuclear safety and take into account radiation protection requirements.
"The Class 0 nuclear pressure equipment as well as the nuclear assemblies comprising only Category 0 equipment within the meaning of Articles R. 557-12-3 or R. 557-9-3 are designed and manufactured in accordance with the rules of art, in terms that may be specified by decision of the Nuclear Safety Authority. However, they meet the radiation protection requirements mentioned in the first paragraph. They are not subject to the provisions of articles L. 557-4, L. 557-5 and the following articles of this section.
"The integration of pressure equipment into a nuclear set does not question the conformity assessment of this equipment.
"Art. R. 557-12-5.-The procedures, referred to in Article L. 557-5, to be followed to assess the conformity of nuclear pressure equipment are determined, in particular, on the level and category of risk and on the quality assurance provisions of the manufacturer. This is one of the procedures or a combination of the procedures referred to in R. 557-9-5.
"Nuclear sets are subject to a comprehensive compliance assessment procedure.
"The conformity assessment of certain N1-level nuclear pressure equipment and certain nuclear sets by including at least one is carried out by the Nuclear Safety Authority. To do so, the authority may mandate an organization, at the manufacturer's expense, for all or part of the required operations.
"These conformity assessment procedures and their combination are specified by an Order of the Minister for Nuclear Safety.
"Art. R. 557-12-6.-The declaration of conformity referred to in R. 557-2-4 shall be based on the model defined by a decision of the Nuclear Safety Authority and shall contain the elements specified in the conformity assessment procedures referred to in R. 557-12-5.
"Art. R. 557-12-7.-The marking referred to in Article L. 557-4 shall be carried out in the same manner as those provided for in Article R. 557-9-8, with the exception of the CE marking, which is not affixed.
"Art. R. 557-12-8.-When the conformity assessment is carried out by a user inspection service referred to in b of 11th of Article R. 557-4-2, the applicable conformity assessment procedures are only the modules A2, C2, F and G mentioned in Annex III of Directive 2014/68/ EU of the European Parliament and of the Council of 15 May 2014 on the harmonization of market provisions of the Member States. Nuclear-pressure equipment or nuclear equipment does not bear the marking provided for in Article L. 557-4. It can only be used in establishments operated by the inspection unit.
"Art. R. 557-12-9.-May continue to be installed, put into service, used, imported or transferred, without having satisfied the provisions of Articles L. 557-4, L. 557-5 and R. 557-12-4 to R. 557-12-8, nuclear equipment under pressure and nuclear assemblies regularly authorized pursuant to the decree of 2 April 1926 concerning the regulation of steam apparatus other than those placed on board vessels of decree No. Decree No. 99-1046 of 13 December 1999 and texts taken for their application.
"The manufacture of nuclear pressure equipment and nuclear sets, if it was undertaken before 19 July 2016 and is in accordance with the provisions of the decree of 2 April 1926 or Decree No. 43-63 of 18 January 1943 mentioned above and the texts taken for their application, can be continued according to these provisions.
"The manufacture of nuclear pressure equipment and nuclear sets, if undertaken before 19 July 2016 and is in compliance with the provisions of Decree No. 99-1046 of 13 December 1999 the above-mentioned legislation and its application shall be deemed to be in conformity with the provisions of this chapter and may be continued under this chapter.
"The certificates issued under the order provided for in IV of Article 2 of Decree No. 99-1046 of 13 December 1999 are valid under this section.
“Section 13
“Conformity of other pressure devices
"Reserved Section.
“Section 14
"In-service monitoring of pressure equipment and single pressure receptacles
"Reserved Section.
“Section 15
“In-service monitoring of transportable pressure equipment
"Art. R. 557-15-1.-The provisions of this section apply to the in-service monitoring of transportable pressure equipment referred to in R. 557-11-2.
"Art. R. 557-15-2.-Transportable pressure equipment is subject to in-service controls in accordance with the requirements set out in the order provided for in the orderArticle L. 1252-1 of the Transport Code.
"Art. R. 557-15-3.-The success of the controls under section R. 557-15-2 is materialized by:
"a certificate of periodic or intermediate or exceptional control;
"-the mark of the date of periodic or intermediate control provided in the order taken for the application of theArticle L. 1252-1 of the Transport Codeaccompanied by the identification number of the authorized body.
"For equipment bearing the epsilon conformity marking, when the first periodic inspection is performed, the identification number of the authorized body is preceded by the "P" marking.
"Art. R. 557-15-4.-Transportable pressure equipment is used, maintained, modified or repaired according to the provisions of the order made for the application of theArticle L. 1252-1 of the Transport Code.
“Section 16
“In-service monitoring of nuclear pressure equipment
"Reserved Section. »
I.-The Defence Code is amended as of 1 July 2015:
1° In articles R. 2352-26, R. 2352-34 and R. 2352-39, the words: "in the sense of Article 4 of Decree No. 2010-455 of 4 May 2010" and: "in the sense of Decree No. 2010-455 of 4 May 2010" are replaced by the words: "in the sense of decree No.Article L. 557-4 of the Environmental Code » ;
2° In article R. 2352-22, the words: "by theArticle 13 of Decree No. 2010-455 of 4 May 2010 are replaced by the words: "by Article R. 557-6-3 of the Environmental Code";
3° In R. 2352-64, the words: "to theArticle 4 of Decree No. 2010-455 of 4 May 2010 are replaced by the words: "in section R. 557-6-2 of the Environmental Code."
II.-The above-mentioned decree of 13 December 1999 is amended:
1° Section 8, II, is replaced by the following provisions:
"II.-For the purposes of this classification, fluids are divided into two groups, as follows:
“(a) Group 1, consisting of substances and mixtures, as defined in Article 2, Items 7 and 8, of Regulation (EC) No 1272/2008, which are considered to be hazardous according to classes of physical hazards or health hazards defined in Annex I, Parts 2 and 3 of the Regulations:
"(i) unstable or explosive explosives of Divisions 1.1,1.2,1.3,1.4 and 1.5;
"ii) flammable gases, categories 1 and 2;
"(iii) oxidizing gases, Class 1;
"(iv) flammable liquids, categories 1 and 2;
"(v) flammable liquids, Class 3 when the maximum permissible temperature is greater than the flash point;
"(vi) flammable solids, categories 1 and 2;
"(vii) self-reactive substances and mixtures, types A to F;
"viii) pyrophoric liquids, Category 1;
"ix) pyrophoric solids, Category 1;
"(x) substances and mixtures that, in contact with water, release flammable gases from categories 1.2 and 3;
"xi) oxidizing liquids, of categories 1,2 and 3;
"(xii) oxidizing solids, categories 1,2 and 3;
"xiii) organic peroxides of types A to F;
"xiv) Acute oral toxicity: categories 1 and 2;
"xv) Acute skin toxicity: categories 1 and 2;
"xvi) acute inhalation toxicity: categories 1.2 and 3;
"xvii) specific toxicity for certain single target organ: Category 1.
"Group 1 also includes substances and mixtures contained in pressure equipment whose maximum permissible temperature TS is greater than the flashpoint of the fluid;
"(b) Group 2, consisting of substances and mixtures not mentioned in point a."
2° After Article 32 II, it is added a II bis as follows:
"II bis.-The equipment under pressure and assemblies put on the market before 1 June 2015 and in conformity with the provisions, in force before that date, transposing Directive 97/23/EC into the domestic law of the Member States of the European Union may continue, after that date, to be made available on the market, stored for their provision on the market, installed, put in service, used, imported or transferred. »
III.-Larticle 60 of the decree of 2 November 2007 referred to above is replaced by the following provisions effective July 19, 2016:
"Art. 60.-Pressure equipment specially designed for basic nuclear facilities, referred to inArticle L. 592-21 of the Environmental Code, are the nuclear pressure equipment and nuclear sets mentioned in article R. 557-12-2 of the same code.
"When they apply to the equipment mentioned in the first paragraph, the Minister's draft decisions on nuclear safety defining the general rules set out in the first paragraphArticle L. 593-4 of the Environmental Code and the technical regulatory decisions taken by the Nuclear Safety Authority pursuant to Article L. 592-19 of the same code are subject to the procedures defined in Article 3 of this Decree. They are also subject to the opinion of the Central Commission of Pressure Devices, which has a period of three months to decide. »
IV.-In the fifth paragraph of Article 34 of the above-mentioned Decree of 4 May 2010, the words:
"(d) K1 Group: artifices that have only a minor risk » are replaced by the words:
"(d) Groupe K1: artifices that have only a minor risk and that can only be made available on the market to persons with an age of 12".
V.-As of July 1, 2015, in article 1 of the above-mentioned decree of May 31, 2010, the words "by the articles 2 and 13 Decree No. 2010-455 of 4 May 2010 referred to above are replaced by the words "by articles R. 557-6-1 and R. 557-6-3 of the Environmental Code".
Effective January 1, 2016, the bodies authorized under thearticle 22 of the decree of 3 May 2001 referred to above or approved in accordance with the provisions for the regulation of the use of welding in the construction and repair of pressure equipment are deemed to be authorized under section 4 of Chapter VII of Title V of Book V of the Environmental Code, until the expiry of their authorization or approval.
As of April 20, 2016, the bodies designated or approved pursuant to sections 6, 6 bis and 12 of the above-mentioned 18 January 1943 Order are deemed to be authorized under section 4 of Chapter VII of Book V of the Environmental Code, until the date of their designation or approval.
Effective July 19, 2016, bodies authorized or designated pursuant to Articles 5, 6, 28 and 45-2 of the above-mentioned Decree of April 2, 1926, or authorized under thearticle 21 of the decree of 13 December 1999 referred to above, or accepted under the provisions relating to nuclear pressure equipment, are deemed to be authorized under Chapter VII, Section 4, of Title V of Book V of the Environmental Code, until the expiry of their designation, approval, authorization or acceptance.
I.-The annex to above-mentioned Decree No. 97-1196 of 19 December 1997 is supplemented by the following provisions:
| 1. Authorization of availability on the market, storage for availability on the market, installation, commissioning, use, import or transfer of certain products and equipment | Article R. 557-1-2 |
| 2. Deliverance of empowerment to organizations referred to in Article L. 557-31 | Article R. 557-4-1 |
II.-The B of Title II of the annex to above-mentioned Decree No. 97-1198 of 19 December 1997 is amended as follows:
1° The provisions concerning Decree No. 2001-386 of 3 May 2001 referred to above are repealed under the same conditions as that decree;
2° The provisions under " environmental code » are supplemented by the following provisions:
| 2. Authorization of availability on the market, storage for availability on the market, installation, commissioning, use, import or transfer of certain products and equipment | Article R. 557-1-2 |
| 3. Deliverance of empowerment to organizations referred to in Article L. 557-31 | Article R. 557-4-1 |
3° The provisions concerning the decree of 18 January 1943 referred to above are repealed under the same conditions as this decree.
III.-At the end of I of Title I ofAnnex to Decree No. 97-1204 of 19 December 1997the following provisions are added:
| 1. Authorization of availability on the market, storage for availability on the market, installation, commissioning, use, import or transfer of certain products and equipment | Article R. 557-1-2 |
| 2. Deliverance of empowerment to organizations referred to in Article L. 557-31 | Article R. 557-4-1 |
I.-The above-mentioned decree of April 2, 1926 is repealed effective July 19, 2016.
II.-The above-mentioned decree of 18 January 1943 is repealed:
- effective 1 January 2016 as it is related to transportable pressure equipment;
- effective April 20, 2016 as it relates to the assessment of conformity of single pressure receptacles.
It is repealed effective July 19, 2016.
III.-Le Decree No. 96-1010 of 19 November 1996 on devices and protection systems for use in explosive atmosphere is repealed as of 20 April 2016.
IV.-The above-mentioned Order of 13 December 1999 is repealed as of 19 July 2016 as it relates to the assessment of compliance.
V.-The above-mentioned decree of May 3, 2001 is repealed effective January 1, 2016.
VI.-Sections 4 to 31,33 and 36 as well as the Schedule to the above-mentioned Order of May 4, 2010 are repealed as of July 1, 2015 as they apply to pyrotechnics and as of April 20, 2016 as they apply to other explosives.
The other provisions of the same Order are repealed as of July 5, 2017 as they apply to pyrotechnic articles other than those intended for vehicles, including as spare parts.
This Order is repealed effective July 5, 2028.
VII.-Article 12 of the above-mentioned Decree of 31 May 2010 is repealed.
The provisions of sections 2 to 6 of Chapter VII of Title V of Book V of the Environmental Code in their drafting of this Order, as they apply to pyrotechnic articles, come into force on July 1, 2015, with the exception of the provisions of Article R. 557-6-12, II and III, which come into force on October 17, 2016.
The provisions of chapter VII, sections 11 and 15, title V of Book V of the Environmental Code are in force on January 1, 2016. The same applies to sections 2 to 5 of the same chapter as they apply to transportable pressure equipment.
The provisions of section 6, as they apply to explosives other than pyrotechnic articles, section 7 and section 10 of chapter VII of Book V of the Environmental Code in their writing, come into force on April 20, 2016. The same is true of the provisions of sections 2 to 5 of the same chapter as they apply to explosive products other than pyrotechnical articles, protective devices and systems intended for use in explosive atmospheres and single pressure receptacles.
The provisions of chapter VII, sections 9 and 12 of Book V of the Environmental Code, in their drafting, come into force on 19 July 2016. The same is true of the provisions of sections 2 to 5 of the same chapter as they apply to pressure equipment, sets, nuclear pressure equipment and nuclear sets.
The Minister of Ecology, Sustainable Development and Energy, the Guard of Seals, Minister of Justice, and the Minister of Defence are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on July 1, 2015.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
The Seal Guard, Minister of Justice,
Christiane Taubira
Minister of Defence,
Jean-Yves Le Drian
