Regulations on transportable pressure equipment
Date FOR-2012-11-22-1088
Affairs Ministry of Justice
Published in 2012 Booklet 12
Commencement 01.01.2013
Edited
Changes
FOR 2001-06-26-792
For
Norway
Legal
LOV-2002-06-14-20-L-26, LOV-2002-06-14-20-§43, FOR-2003-09-01-1161
Promulgated
27.11.2012 kl. 14.05
Short Title
Regulations on transportable pressure equipment
Chapter Overview:
Chapter 1. Introductory provisions (§§ 1-3)
Chapter 2. Market operators and technical requirements for transportable pressure equipment (§§ 4-19)
Chapter 3. Labelling (§§ 20-23) | || Chapter 4. Notified bodies (§§ 24-29)
Chapter 5. Administrative provisions (§§ 30-34)
Appendix I. Procedure for renewed conformity assessment
Adopted by Directorate for Civil Protection and Emergency Planning 22 November 2012 pursuant to Act 14 June 2002 no. 20 relating to protection against fire, explosion and accidents involving hazardous substances and the fire service (Fire and Explosion Act) § 26 third paragraph, ref. § 43 and delegating decision on 1 september 2003 no. 1161.
EEA information: EEA agreement, Annex II, chap. VIII. 6d (Directive 2010/35 / EU).
Chapter 1. Introductory provisions
§ 1. Scope These regulations apply:
A)
new transportable pressure equipment to be made available on the market and which are not consistent marked by regulations 26 June 2001 no. 792 on transportable pressure equipment for dangerous goods.
B)
periodic inspection, intermediate inspection, extraordinary control and use of compliance mark transportable pressure equipment
C)
renewed conformity assessment of transportable pressure equipment not pi-marked after regulation 26 June 2001 no. 792 on transportable pressure equipment for dangerous goods
Regulations do not apply:
A)
transportable pressure equipment which was placed on the market before the implementation of Directive 1999/36 / EC on transportable pressure equipment, which has not been the subject of renewed conformity assessment.
B)
transportable pressure equipment exclusively used for the transport of dangerous goods between Norway and countries outside the European Economic Area in accordance with ADR / RID.
Regulation does not apply on Svalbard.
§ 2. Definitions In these regulations:
A)
transportable pressure equipment:
A.
Pressure vessels, their valves and other relevant accessories, which in ADR / RID is covered by section 6.2, and
In.
Used to transport Class 2 gases, excluding gases or objects with the digits 6 or 7 in the classification code, or
Ii.
Transport of UN 1051, 1052, 1745, 1746, 1790 and 2495.
B.
Tanks, battery vehicles and multi-element gas containers (MEGCs), their valves and other relevant accessories, which in ADR / RID is covered by Chapter 6.8 and
In.
Used to transport Class 2 gases, excluding gases or objects with the digits 6 or 7 in the classification code, or
Ii.
Transporting UN 1051,1052,1745,1746,1790 and 2495.
C.
Disposable containers with gas, UN 2037
The definition excludes:
A.
Aerosol UN 1950
B.
Open containers for refrigerated gas
C.
Gas cylinders for breathing apparatus
D.
Extinguishers UN 1044
E.
Transportable pressure equipment which is exempted under section 1.1.3.2 in ADR / RID
F.
Transportable pressure equipment exempted from the rules for construction and testing of packaging according to special provisions in Chapter 3.3 of ADR / RID.
B)
ADR: the current edition of the European agreement on international road transport of dangerous goods, signed on 30 September 1957, with Annexes A and B, contained in Regulation 1 April 2009 No.. 384 concerning the International Carriage of Dangerous Goods | ||
C)
Accreditation: confirmation from the national accreditation body that a notified body meets ADR / RID 1.8.6.8, second paragraph
D)
Authorized representative: natural or legal person established within the EEA with a written authorization from the manufacturer to act on his behalf in connection with certain specific tasks
E)
Bring in revenue: the first making available of transportable pressure equipment within the EEA
F)
Use: filling, temporary storage linked to transport, emptying and refilling of transportable pressure equipment
G)
User: natural or legal person established within the EEA, which use transportable pressure equipment
H)
Distributor: natural or legal person established within the EEA, apart from the manufacturer or the importer, who makes transportable pressure equipment or parts thereof available on the market
I)
Owner: natural or legal person established within the EEA, which owns transportable pressure equipment
J)
Extraordinary control: extraordinary control and the procedure for this as laid down in ADR / RID
K)
Epsilon marking: marking with character ε showing that the tank is designed and manufactured in accordance with Directive 84/525 / EEC on seamless gas cylinders of steel, Directive 84/526 / EEC on seamless gas cylinders of unalloyed and alloyed aluminum or Directive 84/527 / EEC on welded gas cylinders of alloy steel.
L)
Renewed conformity assessment, conformity assessment which owns or uses apply to be done, of transportable pressure equipment manufactured and placed on the market before the provisions on conformity assessment regulations 26 June 2001 no. 792 on transportable pressure equipment for dangerous goods were made applicable to equipment
M)
Make available on the market: the supply of transportable pressure equipment for distribution or use within the Community, as part of a commercial activity or other services, with or without remuneration
N)
Importer: natural or legal person established within the EEA, which brings transportable pressure equipment or parts thereof from a third country on the market within the EEA
O)
Market player, the manufacturer, authorized representative, importer, distributor, owner or operator, acting as part of a commercial activity or other services, with or without remuneration
P)
Intermediate control, intermediate inspection and the procedures for this as laid down in ADR / RID
Q)
National accreditation body: the sole body in a Member State with governmental authority to perform accreditation
R)
Periodic inspections: periodic inspection and the procedures for this as laid down in ADR / RID
S)
Pi marking: marking equipment with the symbol π showing that transportable pressure equipment is compliance assessed and in accordance with ADR / RID and these regulations
T)
Producer: natural or legal person who manufactures transportable pressure equipment or parts thereof, or who receive such equipment designed or manufactured, and markets it under his name or trademark
U)
RID: the current edition of the international regulations for the transport of dangerous goods by rail, as shown in Appendix C of the Convention on international rail transport (COTIF), contained in Regulation 1 April 2009 No.. 384 concerning the International Carriage of dangerous goods
V)
Conformity marking, labeling of transportable pressure equipment with π by Directive 1999/36 / EC or Directive 2010/35 / EC, or with ε
W)
Conformity Assessment: assessment of conformity and the procedure for this established by ADR / RID.
X)
Notified body: body that is qualified and designated pursuant to the provisions of these regulations and ADR / RID
Y)
Recall: measures aimed at the return of transportable pressure equipment that is made available to the end user
Z)
Withdrawal: measures to prevent the transportable pressure equipment being made available on the market or used
Æ)
Designation: the process for the award of status as a Notified Body and notification of the appointment of the European Commission.
§ 3. The use of ADR / RID When regulations referring to ADR / RID, the provisions of these regulations relating to the competent authority, only apply to the competent authority within the EEA.
Chapter 2. Market operators and technical requirements for transportable pressure equipment
§ 4. Requirements for transportable pressure equipment New transportable pressure equipment, non-conformity mark, and to be made available on the market shall meet the requirements for conformity assessment, periodic inspection, intermediate inspection and extraordinary control in ADR / RID and this regulation, applying to the equipment.
Conformity mark transportable pressure equipment shall meet the specifications in the documentation that is prepared according to. The equipment shall undergo periodic inspections, intermediate inspections and exceptional checks in accordance with ADR / RID and this regulation.
Type Approvals by Directive 84/525 / EEC on seamless gas cylinders of steel, Directive 84/526 / EEC on seamless gas cylinders of unalloyed and alloyed aluminum, Directive 84/527 / EEC on welded gas cylinders made of stainless steel or regulations June 26, 2001 no. 792 on transportable pressure equipment for dangerous goods, considered as equivalent to approval by ADR / RID and shall be subject to the time limits applicable to these type approvals.
Valves and accessories referred to in regulations 26 June 2001 no. 792 on transportable pressure equipment for dangerous goods, and that is marked by regulation 9 June 1999 no. 721 relating to pressure equipment, may still be used.
§ 5. Requirements for the identification of market participants Market participants shall, upon request from the supervisory authority, for a period of at least ten years, could identify any market player that it has received transportable pressure equipment from, and that it has provided such equipment.
§ 6. The manufacturer's obligations related to technical requirements, labeling and documentation The manufacturer shall ensure that the transportable pressure equipment being placed on the market are designed, manufactured and documented in accordance with ADR / RID and this regulation.
Manufacturer must pi-mark transportable pressure equipment pursuant to Chapter 3 when conformity assessment carried out in accordance with these regulations and ADR / RID, shows that the equipment meets the applicable requirements.
The manufacturer shall keep the technical documentation according to ADR / RID.
If the producer has an authorized representative, the representative's name and address given on the certificate of conformity for ADR / RID.
§ 7. The manufacturer is obliged by mismatched manufacturer must withdraw, revoke or amend transportable equipment this has placed on the market if he finds, or has reason to believe, that it is not in accordance with ADR / RID or this regulations, or equipment otherwise constitute an unacceptable risk of fire, explosion or other accident.
If the equipment represents such a risk, the national supervisory authority within the European Economic Area where the equipment is made available on the market, be notified. Such notice shall contain detailed information on this inconsistency and whether corrective actions.
Manufacturer must document cases of non-compliance and corrective measures.
§ 8. The manufacturer's authorized its representative The manufacturer may, by a written authorization designate an authorized representative. The authority may not include manufacturer's obligations under § 6, first or second paragraph.
Authorization must at least put the authorized representative able to:
A)
keep the technical documentation available to the supervisory authority for at least the period specified in ADR / RID for manufacturers,
B)
submit, at the request of the supervisory authority, the information and documentation necessary to assess whether the transportable pressure equipment is in accordance with this Decision, and
C)
cooperate with the supervisory authority in connection with any action to eliminate the risk by transportable pressure equipment covered by the authorization.
§ 9. Manufacturer's representative duties Manufacturer authorized representative shall perform their duties in accordance with the authorization from the manufacturer.
Information provided by the representative of users shall be in accordance with ADR / RID and this regulation.
§ 10. The importer's obligations related to technical requirements, labeling and documentation Importer shall ensure that transportable pressure equipment placed on the market, in accordance with ADR / RID and this regulation.
The importer shall also ensure that transportable pressure equipment is compliance assessed by the manufacturer, that this prepared the technical documentation, that the equipment pi-marked and accompanied by a certificate of conformity as set out in ADR / RID, before equipment is placed on the market.
Importer shall give his name and contact address either in, or annex to, the certificate of conformity.
Importer shall keep a copy of the technical documentation available to the supervisory authority for at least the period specified in ADR / RID for producers and ensuring that documents can be made available upon request.
Importer is subject to the same obligations as the manufacturer, if he brings in revenue transportable pressure equipment under his name or trademark, or make changes to such devices which are placed on the market in such a way that compliance with applicable requirements may be affected .
§ 11. The importer is obliged by mismatched If the importer finds or has reason to believe that transportable pressure equipment is not in accordance with ADR / RID or these regulations, he will not bring it on the market.
The importer shall inform the manufacturer and the supervisory authority on transportable pressure equipment which presents a risk.
Importer shall immediately withdraw, revoke or amend transportable equipment this has placed on the market if he finds or has reason to believe that it is not in accordance with ADR / RID or these regulations, and if the equipment represents a risk, immediately notify the manufacturer and the national supervisory authority within the European Economic area where the equipment is made available on the market. Such notice shall contain detailed information about the disconnect, and any corrective actions are implemented.
The importer must document cases of non-compliance and corrective measures.
§ 12. The importer's obligations related to transportation and storage conditions importer shall ensure that the transport and storage conditions for transportable pressure equipment is such that its conformity with the ADR / RID not jeopardized.
§ 13. Distributor's obligations relating to technical requirements, labeling and documentation Distributor shall ensure that transportable pressure equipment placed on the market, in accordance with ADR / RID and this regulation and shall, before the placing on the market, ensure that is pi-marked and accompanied by certificate of conformity and the importer's contact address in accordance with § 10 subsection.
Distributor shall ensure that the transport and storage conditions of the transportable pressure equipment is such that its conformity with the ADR / RID not jeopardized.
Distributor is subject to the same obligations as the manufacturer, if he brings in revenue transportable pressure equipment under his name or trademark, or make changes to such devices which are placed on the market in such a way that compliance with applicable requirements may be affected.
§ 14. Distributor's duties at mismatched If distributor finds, or has reason to believe that transportable pressure equipment is not in accordance with ADR / RID, he shall not make it available on the market.
If the equipment represents a risk, the supervisory authority and whether the manufacturer or importer, is notified.
Distributor shall withdraw, revoke or correct, portable equipment this has placed on the market if he finds, or has reason to believe, that it is not in accordance with ADR / RID or these regulations, and if the equipment represents a risk, immediately notify the manufacturer, any importer, and regulators within the European Economic area where the equipment is made available on the market. Such notice shall contain detailed information about the disconnect, and corrective action.
The distributor shall document cases of non-compliance and corrective measures.
§ 15. The owner's duties If owner finds, or has reason to believe that transportable pressure equipment is not in compliance with ADR // RID, including the requirements for periodic inspection, he shall not make it available or use it.
If the equipment represents a risk, he must inform the supervisory authority, and whether the manufacturer, importer or distributor.
Owner must document cases of non-compliance and corrective measures.
The owner shall ensure that the transport and storage conditions of the transportable pressure equipment is such that its conformity with the ADR / RID not jeopardized.
This provision does not apply to individuals who use or intend to use transportable pressure equipment for personal or household, or separate sports or leisure activity.
§ 16. Information for users Information provided by the manufacturer, importer, distributor or owner, the users, shall be in accordance with ADR / RID and this regulation.
§ 17. User Obligations The User shall only use transportable pressure equipment which is in accordance with ADR / RID and this regulation.
If the equipment represents a risk, the user shall inform the owner and the supervisory authority.
§ 18. Renewed conformity assessment Renewed conformity assessment of transportable pressure equipment should be carried out according to Annex I.
§ 19. Removable parts for refyllbare transportable pressure vessels Removable parts for refyllbare transportable pressure vessels can comply evaluated separately.
Chapter 3. Marking
§ 20. General pi marking By applying or have applied pi-marked, the manufacturer that this takes responsibility for the transportable trykkutstyrets accordance with ADR / RID and this regulation.
Pi mark shall only be applied to equipment that meets the requirements for conformity assessment in ADR / RID and these regulations or requirements of renewed conformity assessment.
Pi mark shall either be applied by the manufacturer or by renewed conformity assessment under Annex I.
Other markings than pi-mark shall not be applied to equipment in such a way that it may lead to mistakes or misunderstandings with regard to its meaning or form.
Other markings than pi mark on the transportable pressure equipment, shall not be carried out so that the visibility, legibility or meaning of pi-mark is weakened.
Removable parts for refyllbare transportable pressure vessels, that have a direct impact on safety shall be pi-marked.
§ 21. The design and application of pi mark and identification number Pi mark shall consist of a symbol with the following design:
Pi mark shall have a minimum height of 5 mm. For transportable pressure equipment with a diameter of 140 mm or less, the height of at least 2.5 mm. The aspect ratio of the figure must be complied with. The grid is not part of the labeling.
Pi mark shall be visible, easily legible and permanent bearing the transportable pressure equipment or nameplate, and removable parts of refyllbart equipment which has direct impact on safety.
Pi marking shall be affixed before the pressure equipment or parts thereof placed on the market.
The identification number of the notified body which has performed the initial inspection shall be inserted immediately after the pi-marked on the transportable pressure equipment.
The identification number of the notified body responsible for the periodic inspection shall be inserted after the date of the periodic inspection or possibly intermediate control.
§ 22. Marking of specific gas cylinders gas cylinders which have been in accordance with Directive 84/525 / EEC, 84/526 / EEC or 84/527 / EEC, and which are not pi-marked, at initial periodic inspection in accordance with this Decision, is marked with pi and the notified body's identification number.
§ 23. Pi marking epsilonmerkede gas cylinders Gas cylinders that are epsilonmerket and to be pi-marked, the pi-marked by or under the control of the notified body.
Chapter 4. Notified bodies
§ 24. Designation of notified bodies activities which will be notified body of this regulation shall apply Directorate for Civil Protection and Emergency Planning for designation as a Notified Body.
The application must contain an accreditation certificate issued by the Norwegian accreditation, certifying that the establishment meets the conditions of § 25, and a description of:
A)
agency's operations related to conformity assessment, periodic inspections, intermediate controls, extraordinary controls, and renewed conformity assessment
B)
procedures for the work under subparagraph a.
C)
which transportable pressure equipment means claim to have expertise about
§ 25. Requirements for notified bodies Notified bodies shall by designation, fulfill the requirements of ADR / RID and this regulation.
Notified bodies shall participate in, or ensure that personnel who carry out conformity assessments, know the relevant standardization work.
Technical Assessment Bodies shall participate in the work carried out in coordination group for notified bodies for transportable pressure equipment, established by the European Commission, and abide by the results of this work.
Appointed Notified Body can only perform operations as a Notified Body under these regulations, if the European Commission or a Member State of the EEA have not raised objections within two weeks after notification of the designation given to the European Commission.
§ 26. Technical inspection bodies are obliged Notified bodies shall carry out conformity assessments, periodic, intermediate and exceptional checks, according to the decision on designation and procedures in ADR / RID. Renewed conformity assessment shall be carried out under Annex I.
Notified body designated within the EEA by rules implementing Directive 2010/35 / EU on transportable pressure equipment, can perform operations in Norway as a Notified Body under these regulations.
§ 27. Technical inspection bodies reports to the supervisory authority Notified bodies shall report the following to the authority designated organ:
A)
denial, restriction, temporary forfeiture or revocation of a certificate
B)
matters relevant for designation as Notified Body
C)
requirements for information about activities performed by market surveillance authorities.
§ 28. Technical inspection bodies duty to inform other notified bodies Notified bodies shall provide the other notified bodies performing similar activities in the same type of pressure equipment, relevant information on the negative, and the request for positive results of conformity assessment.
§ 29. Documents issued by foreign Notified Body certificates of conformity assessments, renewed conformity assessments, periodic, intermediate and exceptional checks, issued by the notified body in another EEA state, are valid in Norway.
Chapter 5. Administrative provisions
§ 30. Duty of market players to cooperate with the supervisory authority Market participants shall on request cooperate with the supervisory authority for measures to reduce risks of the transportable pressure equipment that this has placed on the market.
§ 31. Supervisory authority Directorate for Civil Protection and Emergency Planning is the supervisory authority under this regulation.
In exercising supervision comes Act of 14 June 2002 No.. 20 concerning protection against fire, explosion and accidents involving hazardous substances and fire service § 33 - § 36 of the supervisory authorities' right to request information, right of access and right to obtain samples, apply.
§ 32. Sanctions In case of violation of these regulations or decisions pursuant to this comes the Act of 14 June 2002 No.. 20 concerning protection against fire, explosion and accidents involving hazardous substances and fire service § 37 to § 40 apply .
If a notified body does not meet its obligations, the supervisory authority may restrict or revoke the designation.
If transportable pressure equipment may pose a risk or not in accordance with these regulations, the supervisory authority:
A)
prohibit placing on the market or make available equipment on the market,
B)
require that such equipment is withdrawn,
C)
require that the equipment be revoked
D)
require disclosure of warning information or similar to producers or users of the equipment,
E)
require that such equipment unusable, or
F)
prohibit the use of equipment.
§ 33. Entry into force This regulation enters into force on 1 January 2013. From the same date, the Regulations on 26 June 2001 no. 792 on transportable pressure equipment for dangerous goods.
§ 34. Earlier decisions about intervals for periodic inspections Earlier decisions about intervals for periodic inspections of transportable pressure equipment, established pursuant to Law 21 May 1971 No.. 47 for flammable goods, liquids and gases under pressure, or Law 14. June 2002 No.. 20 concerning protection against fire, explosion and accidents involving hazardous substances and the fire service, or regulations issued pursuant thereto, shall be repealed with effect from 1 January 2015.
if the deadline for completion of the first periodic inspection for the individual transportable pressure equipment, according to individual decision, falls later than 1 January 2015, repealed the decision when the deadline is overdue
Appendix I. Procedure for renewed conformity assessment
1.
In this Annex establishes the method for ensuring that the transportable pressure equipment referred to in § 1 subsection c) manufactured and put into use before the dates of implementation of Directive 1999/36 / EC, in accordance with the relevant provisions ADR / RID and of this regulation, applicable at the time of the new conformity assessment.
2.
Owner or user to a notified body which is in accordance with EN ISO / IEC 17020: 2004 type A and designated for renewed conformity assessment, to make available the information concerning the transportable pressure equipment which enables the body to identify the equipment in a timely fashion (origin, applied rules relating to construction and, for acetylene cylinders, also details of the porous material). The information shall, where appropriate, contain all imposed restrictions on use, and any notes on possible damage or repairs performed.
3.
The notified body of type A which is designated for renewed assessment of conformity, shall assess whether the transportable pressure equipment provides at least the same degree of safety as the transportable pressure equipment referred to in ADR / RID. The assessment should be conducted on the basis of the information submitted in accordance with paragraph. 2, and possibly after further inspections.
4.
If the results of the assessment in. 3 is satisfactory, it should be transportable pressure equipment must be subject to the periodic inspection referred to in ADR / RID. If the requirements in connection with this periodic check is met, the Pi marking applied by, or under the supervision of, the notified body responsible for the periodic inspection in accordance with Chapter III. Pi marking shall be followed by the identification number of the notified body responsible for the periodic inspection. The notified body responsible for the periodic inspection shall issue a certificate for new conformity assessment in accordance with paragraph. 6.
5.
If pressure vessels manufactured in series, Member States may allow a new conformity assessment of individual pressure receptacles, including associated valves and other accessories used for transport, are conducted by a notified body designated for periodic inspection of the relevant transportable pressure receptacles, provided that type conformity has been assessed in accordance with paragraph. 3 of a notified body of type a, responsible for the renewed conformity assessment, and it is issued a certificate of new type assessment. Pi marking shall be followed by the identification number of the notified body responsible for the periodic inspection.
6.
In all cases the notified body responsible for the periodic inspection shall issue the certificate for renewed conformity assessment, which shall contain at least:
A)
An identification of the notified body that issued the certificate, and the identification number of the notified body of type A was responsible for the renewed conformity assessment, if these are different, in accordance with paragraph. 3,
B)
name and address of the owner or operator as specified in no. 2,
C)
if the procedure detailed in. 5 is used, information that identifies the certificate for new type assessment
D)
data for identification of the transportable pressure equipment which Pi marking has been applied including at least the serial number or serial numbers and
E)
issue date.
7.
There shall be issued a certificate of new type assessment.
When the procedure detailed in. 5 applies, the notified body of type A with responsibility for renewed conformity assessment, issuing certificate for new type of assessment, which shall contain at least:
A)
an identification of the notified body which issued the certificate
B)
name and address of the manufacturer and the holder of the original type approval for the transportable pressure equipment which is subject to renewed assessment of conformity, when the holder is not the manufacturer,
C)
information identifying the transportable pressure equipment belonging to the series,
D)
issue date and
E)
words: "this certificate does not manufacture of transportable pressure equipment or parts of such equipment."
8.
By affix, or have affixed Pi marking, the owner or user that this will take responsibility for ensuring that the transportable pressure equipment complies with all relevant requirements of ADR / RID and of this regulation, applicable at the time of the renewed conformity assessment.
