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The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule

Publication 2006-03-31

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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articles Not indexed

Reform history JSON API

(3) Any appointment of a person as a notified or an approved body under regulation 10 of the Transportable Pressure Vessels Regulations (Northern Ireland) 2003[^f00053] in force immediately before the coming into operation of these Regulations, shall be deemed to be an appointment as a notified or approved body under regulation 44 of these Regulations but shall remain subject to any terms specified in the appointment under the said 2003 Regulations.

(4) Any approval of a person under paragraph 2(4)(a) of Schedule 8 to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 in force immediately before the coming into operation of these Regulations shall be deemed to be an approval under paragraph 3(2)(a) of Schedule 2 to these Regulations but shall remain subject to the terms of the approval under the said 1997 Regulations.

(5) Any cylinder, tube or cryogenic receptacle which complied with the provisions of regulations 4 to 6 of the Transportable Pressure Vessels Regulations (Northern Ireland) 2003 immediately before the coming into operation of these Regulations shall be deemed to comply with regulations 38 to 40 of these Regulations.

(6) Any periodic inspection of a cylinder, tube or cryogenic receptacle made in accordance with regulation 7 of the Transportable Pressure Vessels Regulations (Northern Ireland) 2003 shall be taken to be a periodic inspection under regulation 41 of these Regulations and accordingly shall be taken into account in calculating the time for the next periodic inspection of such equipment pursuant to regulation 41.

SCHEDULE 1 — OLD TANKS

Interpretation

1

(1) In this Schedule—

“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or reissued from time to time[^f00054];

“an assembly of old pressure receptacles” means an assembly of old pressure receptacles— held firmly together and interconnected by a manifold; and where each receptacle has a volume not exceeding 150 litres; “competent person” means a competent person other than an employee and accordingly any reference to a competent person performing a function includes a reference to his performing it through his employees;

“examination” means in respect of an old tank, a careful and critical scrutiny of that old tank in or out of service, as appropriate, and using suitable techniques, including testing where appropriate, to assess— its actual condition; and whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance is carried out;

“old tank-vehicle” means a tank-vehicle except that it shall include— any demountable tank which is attached to it; and an assembly of old pressure receptacles— mounted on a frame where the frame is permanently fixed to the vehicle; and where the total volume of the assembly is at least 1,000 litres;

“old tank wagon” means a tank wagon except that it shall include— any demountable tank which is attached to it; and an assembly of old pressure receptacles— mounted on a frame where the frame is permanently fixed to the wagon; and where the total volume of the assembly is at least 1,000 litres;

“pressure vessel” means a tank-container or the fixed or demountable tank of an old tank-vehicle which is— used or intended to be used for the carriage of dangerous goods— at a pressure of 500 millibar or more above or below atmospheric pressure; or at a pressure of 500 millibar or less above atmospheric pressure— if that pressure is maintained by artificial means; and would rise above that pressure if such means were no longer employed; or loaded or discharged at a pressure of 500 millibar or more above or below atmospheric pressure;

“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex I to Appendix B to COTIF;

“trailer” has the meaning assigned to it in regulation 2(1) of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999[^f00055];

“tube-container” means a group of old pressure receptacles connected together— with a total capacity greater than 3 cubic metres; fitted into a framework suitable for lifting on and off a vehicle, and intended to be used for the carriage of gases; and

“tube trailer” means a trailer which has— more than one old pressure receptacle structurally attached to, or forming part of, the trailer; and which is intended to be used for the carriage of gases.

(2) For the purpose of this Schedule the operator of—

(a) a vehicle, in relation to carriage by road, shall be—

(i) the person who, having a place of business in Northern Ireland, has the management of the container or vehicle for the time being; or

(ii) if no person satisfies the requirements of sub-head (i), the driver of the vehicle;

(b) an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle) in relation to carriage by road or of a tank-container or old tank wagon in relation to carriage by rail shall be—

(i) the person who, having a place of business in Northern Ireland, owns the old tank, tank-container or old tank wagon concerned;

(ii) if no person falls within sub-head (i), the person who, having a place of business in Northern Ireland, acts as agent for the owner of the old tank, tank-container or old tank wagon concerned;

(iii) if no person falls within sub-heads (i) or (ii) in relation to carriage by rail, then the operator of the train on which the tank-container is carried or of which the old tank wagon forms part;

(iv) if no person falls within sub-heads (i) or (ii) in relation to carriage in an old tank by road, the person who, having a place of business in Northern Ireland, has the management of that old tank; or

(v) if no person falls within sub-heads (i), (ii) or (iv) in relation to carriage in an old tank by road, the driver of the vehicle on which the old tank is carried.

(3) Notwithstanding sub-paragraph (2)(a), a person shall not be regarded as the operator of a vehicle solely because—

(a) he has the management of it during loading or unloading; or

(b) the vehicle is on premises which are under his control.

(4) For the purposes of this Schedule a person to whom an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle), tank-container or old tank wagon is leased or hired shall be deemed to own it unless—

(a) the lessor or the hirer has made a written agreement with the person to whom he has leased or hired it; and

(b) that agreement is to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under this Schedule.

(5) For the purposes of this Schedule a vehicle, or old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle) shall be deemed to be engaged in the carriage of dangerous goods throughout the period—

(a) in the case of an old tank-vehicle—

(i) from the commencement of loading it with the dangerous goods concerned for the purpose of carrying those goods by road;

(ii) until the said vehicle and, where relevant, any compartment of it, has been unloaded and, where necessary, cleaned or purged so that any of the goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person; or

(b) in the case of an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle)—

(i) where the old tank concerned has been loaded with the dangerous goods before being placed on the vehicle which is to be used to carry that old tank before the commencement of loading, from the commencement of loading the said old tank with the dangerous goods for the purpose of carrying those goods by road;

(ii) until either the old tank is removed from the relevant vehicle or the old tank and any compartment of it has been unloaded and, where necessary, cleaned or purged so that any of the dangerous goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person,

and in either case whether or not the old tank-vehicle or old tank concerned is on the road at the material time.

Construction of tanks of old tank-vehicles, tank-containers and old tank wagons for carriage by road or rail

2

(1) An operator of an old tank-vehicle, old tank wagon or tank-container shall ensure that it is not used for the carriage of dangerous goods by road or rail unless the fixed old tank or demountable old tank of the old tank-vehicle, old tank wagon or of the tank-container—

(a) is properly designed, of adequate strength and well constructed from sound and suitable material;

(b) is suitable for the purpose for which it is being used having regard to—

(i) the nature and circumstances of the journey being undertaken; and

(ii) the properties and quantity of the dangerous goods and of any other goods being carried with the dangerous goods;

(c) is designed, constructed and maintained to prevent any of its contents escaping, except that this shall not prevent the fitting of a suitable safety device;

(d) is made of materials which are not liable—

(i) to be adversely affected by the dangerous goods; and

(ii) in conjunction with the dangerous goods, to significantly increase the risk to the health or safety of any person,

where such materials are likely to come into contact with the dangerous goods.

(2) An operator of an old tank-vehicle, old tank wagon or tank-container shall ensure that it is not used for the carriage of dangerous goods by road or rail unless, in the case of an old tank of an old tank-vehicle or tank-container used for the carriage of dangerous goods on or after 6th July 1992, he has such information in writing concerning—

(a) the design, construction, examination, and maintenance of; and

(b) repairs or modifications made to,

that old tank, as may reasonably foreseeably be needed to enable him to comply with this Schedule.

Testing, examination and maintenance for carriage by road or rail

3

(1) A train operator or the operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that dangerous goods are not carried in it by road or by rail, unless—

(a) for the purpose of ensuring that it is properly maintained, the operator has prepared and carried into effect a suitable written scheme for the initial and periodic examination and the initial and, where appropriate, periodic testing—

(i) on or before 1st August 2007, by a competent person;

(ii) by an inspection body approved under paragraph 8; or

(iii) under the control of an inspection body,

of the old tank of a tank-container or the fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon;

(b) prior to being used for the first time for the carriage of dangerous goods, the fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon or the old tank of the tank-container in question has been certified by a competent person or an inspection body approved under head (a) as suitable for its intended purposes and those purposes are set out in the certificate; and

(c) subject to sub-paragraph (8), the operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that he has in his possession a current report signed by the competent person or the inspection body approved under head (a) that carried out the most recent examination and test in accordance with the scheme referred to in head (a), which states—

(i) the date and the result of the said examination and test;

(ii) the date prior to which any further examination and, where appropriate, test, must be carried out, the interval to which shall be—

(aa) as specified in the scheme referred to in head (a); or

(bb) such other period as the competent person or the inspection body approved under head (a) may specify;

(iii) that the relevant old tank of the tank-container, fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon remains suitable for the purposes set out in—

(aa) the certificate issued pursuant to head (b); or

(bb) a further certificate issued under paragraph 4(5),

or if it is no longer suitable for any of these purposes, then stating the purposes for which it is suitable; and

(iv) in the case of a pressure vessel for carriage by road, the maximum working pressure to which the vessel may be subjected.

(2) Subject to sub-paragraph (8), the operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that he has in his possession a current report signed by the competent person of the inspection body approved under sub-paragraph (1)(a) that carried out the most recent examination and test in accordance with the scheme referred to in sub-paragraph (1)(a), which states—

(a) the date and the result of the said examination and test;

(b) the date prior to which any further examination and, where appropriate, test, must be carried out, the interval to which shall be—

(i) as specified in the scheme referred to in sub-paragraph (1)(a); or

(ii) such other period as the competent person or the inspection body approved under sub-paragraph (1)(a) may specify;

(c) that the relevant old tank of the tank-container, fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon remains suitable for the purposes set out in—

(i) the certificate issued pursuant to sub-paragraph (1)(b); or

(ii) a further certificate issued under paragraph 4(5),

or if it is no longer suitable for any of these purposes, then stating the purposes for which it is suitable; and

(d) in the case of a pressure vessel for carriage by road, the maximum working pressure to which the vessel may be subjected.

(3) A train operator shall ensure that the operator of an old tank-vehicle, tank-container or old tank wagon has in his possession the report referred to in sub-paragraph (2).

(4) Subject to sub-paragraph (8) and paragraph 5(1), dangerous goods shall not be carried by road in the fixed old tank or demountable old tank of an old tank-vehicle or in the old tank of a tank-container or by rail in a fixed or demountable old tank of an old tank wagon or in the old tank of a tank-container if—

(a) the fixed old tank, demountable old tank, or old tank or old tank wagon concerned have been damaged, modified or repaired in such a way as might affect their safety since—

(i) the report referred to in sub-paragraph (1)(c) was issued; or

(ii) where the old tank, fixed old tank or demountable old tank or old tank wagon is specified in sub-paragraph (7)(b), the old tank was last inspected and tested in accordance with—

(aa) ADR;

(bb) RID; or

(cc) the IMDG Code; or

(b) in the case of a pressure vessel for carriage by road, the pressure in the vessel exceeds the maximum working pressure specified in the report referred to in sub-paragraph (1)(c).

(5) It shall be sufficient compliance with sub-paragraph (1)(c) if—

(a) the competent person of the inspection body approved under sub-paragraph (1)(a) first enters his report in a computer under the operator’s control and then authenticates it; or

(b) the report is transferred to such a computer by, or on the instructions of, the competent person or the inspection body approved under sub-paragraph (1)(a) as soon as practicable after he first enters it in a computer and authenticates it.

(6) The procedure in sub-paragraph (5) may only be used if the report—

(a) can be reproduced as a hard copy at the place where documents are required to be kept pursuant to paragraph 7;

(b) is secure from unauthorised interference; and

(7) Where the fixed old tank or demountable old tank of an old tank-vehicle, the old tank of a tank-container or old tank wagon has fallen into a state of disrepair, been damaged, modified or repaired in such a way as might affect their safety since—

(a) the report referred to in sub-paragraph (1)(c) was issued; or

(b) in the case of a fixed old tank or demountable old tank of an old tank-vehicle, the old tank of a tank-container or old tank wagon specified in sub-paragraph (9), the old tank was last examined and tested in accordance with—

(i) ADR;

(ii) RID; or

(iii) the IMDG Code,

then the provisions of sub-paragraph (1), or as the case may be, ADR, RID or the IMDG Code, shall apply in respect of any such old tank as if the old tank had not previously been used for the carriage of dangerous goods.

(8) Notwithstanding sub-paragraphs (1)(c) and (4), the operator may transport uncleaned old tanks by rail or by road, in respect of which the relevant certificate has expired, for the sole purpose of undergoing the inspection and tests with a view to renewing that certificate.

(9) Sub-paragraph (1), paragraphs 4(2) and 4(5) shall not apply to—

(a) the fixed old tank or demountable old tank of an old tank-vehicle;

(b) the old tank of a—

(i) tank-container; or

(ii) old tank wagon,

used for the carriage of dangerous goods where such an old tank has been inspected, tested, certified and marked in accordance with the requirements of ADR, RID or the IMDG Code.

Testing, examination and maintenance for carriage by road

4

(1) Where, before 6th July 1992, there was in existence in respect of the fixed old tank or demountable old tank of an old tank-vehicle or a tank-container a suitable written scheme drawn up in accordance with regulation 7(2)(a) of the Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1988[^f00056], that scheme shall be deemed to be a suitable written scheme in respect of that old tank or tank-container in accordance with paragraph 3(1)(a).

(2) Subject to sub-paragraphs (3) and (6), every fixed old tank or demountable old tank of an old tank-vehicle and every tank-container to be used for carriage by road, shall have securely fastened to it, or to any support which is welded to that fixed old tank, demountable old tank or tank-container, in a readily accessible position, a corrosion-resistant plate on which the following information is indelibly marked—

(a) the name or identifying mark of the manufacturer of the fixed old tank, demountable old tank or tank-container;

(b) the serial number of the fixed old tank, demountable old tank or tank-container by which it can be identified;

(d) in the case of a pressure vessel, the maximum working pressure to which the vessel may be subjected.

(3) Where compliance with sub-paragraph (2)(c) is impossible because there is no more room on a corrosion-resistant plate, the date concerned shall be indelibly marked on an additional corrosion-resistant plate which shall be—

(a) securely fastened to the relevant fixed old tank, demountable old tank or tank-container, or to any support welded to it; and

(b) in a readily accessible position;

and that additional plate shall also be marked in accordance with sub-paragraphs (2)(a) and (b) and, where appropriate, (2)(d).

(4) Where a corrosion-resistant plate referred to in sub-paragraph (2) or (3) is covered by an insulating layer and that layer surrounds the fixed old tank, demountable old tank or tank-container to which the plate is fastened—

(a) a duplicate corrosion-resistant plate shall be securely fastened to the exterior of the insulating layer; and

(b) that duplicate plate shall be indelibly marked with the same information as is marked on the covered plate.

(5) Where the competent person or an inspection body approved under paragraph 3(1)(a) is satisfied that the fixed tank or demountable tank of an old tank-vehicle or a tank-container is suitable for purposes other than those specified in the certificate referred to in paragraph 3(1)(b) he may endorse the certificate to that effect or issue a further certificate specifying those purposes.

(6) Sub-paragraph (2) shall not apply to any tube trailer or tube-container where the information specified therein is indelibly marked on each old pressure receptacle.

Testing, examination and maintenance for carriage by rail

5

(1) A train operator may carry dangerous goods by rail in a tank-container or old tank wagon where the old tank of the tank-container or old tank wagon concerned is in a state of disrepair, for the sole purpose of transporting such an old tank to a place for repair, providing that it is safe to do so.

(2) An operator of a tank-container or old tank wagon shall not cause or permit dangerous goods to be carried in a tank-container or an old tank wagon by rail unless he certifies to the operator of the train—

(a) on which the tank-container is to be carried; or

(b) of which the old tank wagon is to form a part,

that he has complied with paragraph 3 in respect of the old tank of the tank-container or old tank wagon concerned.

Use of old tank-vehicles, old tank wagons or tank-containers for carriage by road or rail

6

(1) The operator of an old tank-vehicle, old tank wagon or tank-container engaged in the carriage of dangerous goods by road or by rail shall take such steps as it is reasonable for them to take to ensure that nothing in the manner in which the old tank of the tank-vehicle, old tank wagon or tank-container in question is used is liable to create a significant risk or significantly increase any existing risk to the health or safety of any person.

(2) Without prejudice to sub-paragraph (1), the operator of an old tank-vehicle, old tank wagon or tank-container engaged in the carriage of dangerous goods by road or by rail shall ensure that the old tank in question is not filled with dangerous goods beyond a safe level.

Keeping of documents

7

(1) The documents referred to in paragraphs 2 to 5 shall be capable of being reproduced as a hard copy by the operator of any—

(a) tank-container or old tank wagon at the address within Northern Ireland from which the deployment of that tank-container or old tank wagon is controlled;

(b) old tank-vehicle at the premises from which the old tank-vehicle operates or at the operator’s principal place of business in Northern Ireland.

(2) Where the operator of a tank-container or old tank wagon does not own it, he shall comply with sub-paragraph (1)(a) if—

(a) certified photocopies of the documents concerned are kept at the operator’s place of business; or

(b) the documents concerned are readily available from the owner of the tank-container or old tank wagon.

(3) Where the operator of an old tank-vehicle, tank-container or old tank wagon changes, the previous operator shall, insofar as he is required to keep any document at an address in Northern Ireland in accordance with sub-paragraph (1), give any such document to the new operator.

(4) Where either of the procedures referred to in paragraph 3(5) has been used, the operator shall comply with sub-paragraph (1) in respect of the report referred to in paragraph 3(1)(c) if—

(a) the report is accessible from a computer kept by the operator at the place specified in sub-paragraph (1); and

(b) notwithstanding sub-paragraph (3), if the operator has changed and the report is accessible from the previous operator’s computer in accordance with head (a), then the previous operator shall provide the new operator with the information contained in that report.

Appointment of inspection bodies by the Northern Ireland competent authority

8

(1) The Northern Ireland competent authority may appoint such persons as it thinks fit to be inspection bodies for the purpose of this Schedule.

(2) An application for—

(a) appointment as an inspection body; or

(b) for the amendment of an existing appointment,

shall be made to the Northern Ireland competent authority.

(3) An appointment made under this regulation—

(a) by the Northern Ireland competent authority may relate to—

(i) all descriptions of old tank-vehicles, old tank wagons and old tank-containers for which it is the competent authority; or

(ii) such descriptions of such old tank-vehicles, old tank wagons and old tank-containers as it may determine;

(b) may be made subject to such conditions as the Northern Ireland competent authority may determine, and such conditions may include conditions which apply upon or following termination of the appointment;

(c) shall, without prejudice to the generality of head (b) and subject to sub-paragraph (7), require the inspection body to carry out the procedures and specific tasks for which it has been appointed;

(d) shall be terminated upon 90 days' notice in writing to the Northern Ireland competent authority at the request of the inspection body; and

(e) may be terminated if it appears to the Northern Ireland competent authority that any of the conditions of the appointment are not being complied with.

(4) Subject to sub-paragraph (3)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.

(5) An inspection body appointed by the Northern Ireland competent authority shall be subject to such inspection by or on behalf of the Northern Ireland competent authority as is necessary to ensure compliance with any condition specified in the appointment.

(6) The inspection referred to in sub-paragraph (5) may include the examination of premises, equipment and documents and the inspection body shall provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.

(7) In respect of an application made to an inspection body in accordance with this Schedule, the inspection body shall not be required to carry out the procedures and tasks referred to in sub-paragraph (3)(c)—

(a) if the documents submitted to it with the application are not in English or another language acceptable to that body;

(b) until the applicant has paid the fee which that body requires pursuant to regulation 50(4); or

(c) if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under this Schedule which are outstanding, it will be unable to commence the required work within three months of receiving the application.

(8) If for any reason the appointment of an inspection body is terminated under this paragraph, the Northern Ireland competent authority may—

(a) give such directions—

(i) to the body whose appointment has been terminated; or

(ii) to another inspection body,

for the purpose of making such arrangements for the determination of outstanding applications as it considers appropriate and those directions shall be complied with by the body to whom they are made; and

(b) without prejudice to the generality of head (a), authorise another inspection body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.

Exceptions

9

Schedule 1 shall not apply to or in relation to—

(a) the carriage of dangerous goods in a vehicle which is being used other than for or in connection with work; or

(b) old tanks used for the carriage of gas oil, diesel or heating oil with a flash point of more than 61°C and not more than 100°C (UN 1202) which remain safe and suitable for that purpose.

SCHEDULE 2 — OLD PRESSURE RECEPTACLES

Interpretation

1

(1) In this Schedule—

“approved” means approved in writing;

“competent person” means a competent person other than an employee and accordingly any reference to a competent person performing any function includes a reference to his performing it through his employees;

“design standard” means a standard for the design of more than one type of old pressure receptacle;

“examination” means, in respect of an old pressure receptacle, a careful and critical scrutiny of that receptacle in or out of service, as appropriate, using suitable techniques, including testing where appropriate, to assess— its actual condition; and whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance work is carried out;

“filling ratio” means the ratio of the volume of the liquid gas in the old pressure receptacle to the total volume of the old pressure receptacle;

“major repair”— means any repair involving hot work or welding on the body of an old pressure receptacle; and except in relation to paragraph 7(3)(b), does not include any repair involving heat treatment applied for the purpose of restoring the metallurgical properties of the old pressure receptacle;

“normal maintenance” in head (b) of the definition of “examination” means such maintenance as is reasonable to expect the owner of an old pressure receptacle to ensure is carried out independently of any advice from the approved inspection body or competent person making the examination;

“owner” means in relation to an old pressure receptacle— the employer or self-employed person who owns it, other than a person who buys it solely to use the dangerous goods in it before selling it back to the supplier; or where the old pressure receptacle is leased— the lessee; or if the lessee does not have a place of business in Northern Ireland, his agent in Northern Ireland; or where sub-head (ii) applies and there is no agent, the user; and

“re-rating” means reassessing the capability of an old pressure receptacle to contain compressed gas safely with a view to improving its capacity by means of an increase in— the charging pressure; or in the case of liquefied gas, the filling ratio, from that originally assessed and marked on the old pressure receptacle at the time of manufacture.

(2) For the purposes of this Schedule—

(a) dangerous goods shall be deemed to be carried from the time when they are placed on a vehicle or on a wagon for the purpose of carrying them by road or by rail until either—

(i) they are removed from the vehicle or wagon; or

(ii) any old pressure receptacle containing the goods which is on the vehicle or wagon has been cleaned or purged so that any of the goods or their vapour which remain in the old pressure receptacle is not sufficient to create a significant risk to the health or safety of any person, and in either case whether or not the vehicle or wagon is on the road or railway at the material time; and

(b) the carriage of dangerous goods and the consignment of dangerous goods in old pressure receptacles shall be deemed to include the carriage or consignment of uncleaned, empty old pressure receptacles which have contained dangerous goods where those old pressure receptacles still contain sufficient of those dangerous goods, or vapours from them, to create a significant risk to the health and safety of any person.

(3) Any requirement or prohibition imposed in this Schedule on a person who designs an old pressure receptacle or any article which is intended to be a component part thereof, shall extend only to—

(a) such old pressure receptacle or article designed in the course of a trade, business or some other undertaking carried on by him (whether for profit or not); and

(b) matters within his control.

(4) This Schedule shall apply to a self-employed person as it applies to an employer and an employee as if that self-employed person were both an employer and an employee.

Duties on those designing, manufacturing, importing, supplying, modifying or repairing old pressure receptacles

2

(1) Any person who designs, manufactures or supplies any old pressure receptacle or any component part of an old pressure receptacle shall ensure that he complies with sub-paragraph (2).

(2) The old pressure receptacle or component part shall be—

(a) properly designed and constructed from suitable material, so as to prevent danger;

(b) designed and constructed so that all necessary examinations for preventing danger can be carried out; and

(c) provided with such protective devices as may be necessary for preventing danger and any such device which is designed to release contents shall do so safely insofar as is practicable.

(3) The employer of a person who modifies or repairs an old pressure receptacle at work shall ensure that nothing about the way in which it is modified or repaired—

(a) gives rise to any danger; or

(b) otherwise impairs the operation of any protective device or inspection facility.

Conformity to approved design standard or specification

3

(1) No person shall—

(a) supply; or

(b) insofar as is reasonably practicable, fill,

an old pressure receptacle unless the old pressure receptacle has been verified, either by a certificate in writing or by means of stamping on the old pressure receptacle in accordance with sub-paragraph (2), as conforming to a design standard or design specification approved by the Executive.

(2) An old pressure receptacle shall be verified—

(a) by a person approved by the Executive under this sub-paragraph; or

(b) in accordance with a quality assurance scheme approved by the Executive.

(3) An application for an approval under sub-paragraph (2)(a) shall be made in accordance with paragraph 9.

(4) Where a person is approved under sub-paragraph (2)(a), the Executive shall carry out, upon reasonable notice, a surveillance inspection of the person approved at such intervals as the Executive considers appropriate and for that purpose the person approved shall, at his own cost—

(a) afford any copies, facilities and assistance; and

(b) make available any information,

which may be reasonably required by the Executive.

(5) No person approved by the Executive shall be charged by the Executive for more than one surveillance inspection in any twelve month period.

(6) In this paragraph, a “surveillance inspection” means—

(a) an inspection of such premises, equipment and documents; and

(b) the making of such enquiries,

as the Executive considers appropriate, for the purpose of verifying compliance by a person approved with any condition specified in the certificate of approval by the Executive.

Examination of old pressure receptacles by competent or approved persons

4

(1) The owner of an old pressure receptacle shall ensure, for the purpose of determining whether it is safe, that the old pressure receptacle is either—

(a) on or before 1st August 2007, examined by a competent person; or

(b) examined by or under the control of an inspection body approved by the Executive in accordance with paragraph 9,

at the intervals specified in Tables 1 to 3 of Packaging Instruction P200 and Packing Instruction P203 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(2) Where a competent person or an inspection body approved under this paragraph undertakes a proper examination for the purposes of sub-paragraph (1) then that person or body shall, if satisfied that the old pressure receptacle is safe on completing that examination, ensure that marks are affixed to it showing the date of the examination and the identity of the person or body that carried out the examination.

(3) No person other than—

(a) a competent person;

(b) a person authorised by a competent person;

(d) a body under the control of an inspection body,

shall affix to an old pressure receptacle the mark referred to in sub-paragraph (2).

(4) The mark referred to in sub-paragraph (2) showing the date of the examination shall indicate the date by using two digits representing the year followed by two digits representing the month, separated by an oblique (“//”).

Filling of old pressure receptacles

5

(1) The employer of a person who is to fill an old pressure receptacle at work, shall ensure that the old pressure receptacle is not filled unless the marks on the old pressure receptacle indicate that it—

(a) has been examined in accordance with paragraph 4(1) by a competent person or by an inspection body approved under paragraph 4(1)(b); and

(b) is suitable for containing the goods,

and all other appropriate safety checks have been made.

(2) The employer of a person who fills an old pressure receptacle at work shall ensure that—

(a) that person checks that—

(i) after filling, it is within its safe operating limits; and

(ii) any valves do not leak;

(b) in the event of overfilling, any excess dangerous goods are removed in a safe manner; and

(3) An employer shall ensure that no person employed by him refills at work a non-refillable old pressure receptacle with dangerous goods.

Approved design specification

6

(1) The manufacturer, or if he does not have a place of business in Northern Ireland, his agent in Northern Ireland, or if he has no agent, the importer of an old pressure receptacle which—

(a) is made to an approved design specification, shall keep a copy of—

(i) the design specification to which the old pressure receptacle was manufactured; and

(ii) any certificate of conformity issued under paragraph 3(1);

(b) is made to an approved design standard, shall keep a copy of any certificate of conformity issued under paragraph 3(1);

(i) refillable;

(ii) used solely for containing liquefied petroleum gas; and

(iii) has a water capacity up to and including 6·5 litres,

shall keep a copy of the design specification to which the old pressure receptacle was manufactured.

(2) The owner of an old pressure receptacle used or intended to be used for acetylene shall keep records of the—

(a) tare weight of the old pressure receptacle, including the porous substance and, where relevant, acetone or other solvent;

(b) nature of the solvent; and

Modification, repair and re-rating of old pressure receptacles

7

(1) Subject to sub-paragraph (2)—

(a) every employer shall ensure that no person employed by him modifies at work the body of an old pressure receptacle, which is used or intended to be used for carriage by road or by rail, and which—

(i) is of seamless construction; or

(ii) has contained acetylene;

(b) every employer shall ensure that no person employed by him modifies at work the body of any type of old pressure receptacle not referred to in paragraph (a), if that modification would put it outside the scope of the design standard or design specification to which it was originally constructed; and

(c) no person shall supply any modified old pressure receptacle for use unless following such modification a person approved under paragraph 3(2)(a) has marked or certified it as being fit for use.

(2) Sub-paragraph (1) shall not apply in relation to any modification constituting the remaking of a thread if such modification is carried out in accordance with a standard approved by the Executive.

(3) Every employer shall ensure that no person employed by him carries out at work any major repair on the body of an old pressure receptacle—

(a) of seamless construction; or

(b) which has contained acetylene.

(4) Every employer shall ensure that no person employed by him carries out at work any major repair on the body of any old pressure receptacle not referred to in sub-paragraph (3) unless he is competent to do so.

(5) No person shall supply an old pressure receptacle which has undergone a major repair unless following such work a person approved under paragraph 3(2)(a) has marked or certified it as being fit for use.

(6) Every employer shall ensure that no person employed by him re-rates an old pressure receptacle at work unless he is competent to do so and does so in accordance with suitable written procedures drawn up by the owner of the old pressure receptacle.

(7) No person shall supply an old pressure receptacle which has been re-rated unless, following the re-rating, a person approved under paragraph 3(2)(a) has certified it as being safe for use.

Additional requirements for old pressure receptacles containing certain dangerous goods not classified as class 2

8

(1) Subject to sub-paragraph (2), where an old pressure receptacle is used for the carriage of a substance listed in Table 3 of Packaging Instruction P200 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail, the requirements of that Table shall apply in addition to the requirements of this Schedule.

(2) For the purposes of this paragraph, special packing provision 9(k) of Table 3 of Packaging Instruction P200 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail shall not apply to the extent that it limits the capacity of cylinders to a capacity of not more than 85 litres.

Approvals by the Northern Ireland competent authority

9

(1) The Northern Ireland competent authority may approve such persons as it thinks fit to be inspection bodies for the purpose of this Schedule.

(2) An application for—

(a) approval as an approved person under paragraph 3(2)(a);

(b) approval as an inspection body under paragraph 4(1)(b); or

shall be made to the Northern Ireland competent authority.

(3) An approval made under this regulation—

(a) by the Northern Ireland competent authority may relate to—

(i) all descriptions of old pressure receptacles; or

(ii) such descriptions of such old pressure receptacles as it may determine;

(b) may be made subject to such conditions as the Northern Ireland competent authority may determine, and such conditions may include conditions which apply upon or following termination of the approval;

(c) shall, without prejudice to the generality of head (b) and subject to sub-paragraph (7), require the inspection body to carry out the procedures and specific tasks for which it has been approved;

(d) shall be terminated upon 90 days' notice in writing to the Northern Ireland competent authority at the request of the inspection body; and

(e) may be terminated if it appears to the Northern Ireland competent authority that any of the conditions of the approval are not being complied with.

(4) Subject to sub-paragraph (3)(d) and (e), an approval under this regulation may be for the time being or for such period as may be specified in the approval.

(5) An inspection body appointed by the Northern Ireland competent authority or a person approved by the Northern Ireland competent authority shall be subject to such inspection by or on behalf of the Northern Ireland competent authority as is necessary to ensure compliance with any condition specified in the approval.

(6) The inspection referred to in sub-paragraph (5) may include the examination of premises, equipment and documents and the inspection body shall provide such facilities, assistance and information as are reasonably required for the purpose of the inspection.

(7) In respect of an application made to an inspection body in accordance with this Schedule, the inspection body shall not be required to carry out the procedures and tasks referred to in sub-paragraph (3)(c)—

(a) if the documents submitted to it with the application are not in English or another language acceptable to that body;

(b) until the applicant has paid the fee which that body requires pursuant to regulation 50(4); or

(c) if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under this Schedule which are outstanding, it will be unable to commence the required work within three months of receiving the application.

(8) If for any reason the approval of an inspection body is terminated under this paragraph, the Northern Ireland competent authority may—

(a) give such directions—

(i) to the body whose approval has been terminated; or

(ii) to another inspection body,

(b) without prejudice to the generality of head (a), authorise another inspection body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.

Exceptions

10

(1) This Schedule shall not apply to an old pressure receptacle which—

(a) forms part of equipment of any—

(i) ship to which the Merchant Shipping Act 1995[^f00057] applies or would apply if the ship were registered in Northern Ireland;

(ii) ship or other vessel in the service of the Crown; or

(iii) spacecraft, aircraft, hovercraft or hydrofoil;

(b) forms part of, or is intended to form part of, a weapons system;

(d) comprises temporary apparatus being used in a research experiment, where it is not reasonably practicable to comply with paragraph 3;

(e) is refillable and has an internal volume of less than 0·5 litres or more than 5,000 litres; or

(f) contains dangerous goods at a pressure of less than 0·5 bar above atmospheric pressure.

(2) The requirements of this Schedule, other than paragraph 5(3), shall not apply to any non-refillable transportable pressure receptacle which has an internal volume of less than 1·4 litres or more than 5 litres.

(3) Paragraphs 3, 4 and 5(1)(a) shall not apply to an old pressure receptacle which—

(a) is refillable;

(b) is used solely for containing liquefied petroleum gas; and

SCHEDULE 3 — COMPETENT AUTHORITY FUNCTIONS

PART I — APPROVALS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

1

The references referred to in regulation 27(b) are—

(a) sub-sections 2.2.7.7.2.2, 3.1.2.6(b), 4.1.1.15, 4.1.2.2(b), 4.1.3.8.1, 4.1.5.15, 4.1.5.18 and 4.1.7.2.2, packing instructions P099 and P101 of section 4.1.4, paragraphs (9)v(a) and (9)ac of packing instruction P200 and paragraph (1) of packing instruction P201 of section 4.1.4, packing instructions IBC99, LP99 and PR6 and paragraph (3)(g) of packing instruction P601 of section 4.1.4, sub-sections 4.2.1.9.4.1, 4.2.1.15.2 and 4.2.3.6.4, portable tank special provisions TP9, TP10, TP16 and TP24 of sub-section 4.2.5.3, sub-sections 4.3.3.2.5, 6.1.5.1.5, 6.1.5.1.10, 6.2.1.1.2, 6.2.1.4.1, 6.2.1.4.2, 6.2.1.4.3, 6.2.1.4.5, 6.2.1.5.2, 6.2.1.6.1, 6.2.1.7.7, 6.2.3.2.2, the note to the first paragraph of section 6.2.5, sub-sections 6.2.5.6.2.1, 6.3.2.7, 6.4.21.1, 6.4.21.3, 6.5.1.1.2, 6.5.1.1.3, 6.5.1.6.4, 6.5.4.2.2, 6.6.1.3, 6.6.5.1.5, 6.6.5.1.8, 6.7.1.2, 6.7.1.3, 6.7.2.1, 6.7.2.2.1, 6.7.2.2.14, 6.7.2.3.1, 6.7.2.3.3.1, 6.7.2.4.3, 6.7.2.8.3, 6.7.2.19.6(b), 6.7.3.2.11, 6.7.3.7.3, 6.7.3.15.6(b), 6.7.4.2.14, 6.7.4.14.6(b), 6.8.2.1.19 and 6.8.2.1.20(a), note 9 to sub-section 6.8.2.4.1, sub-sections 6.8.2.4.2, 6.8.3.2.16, 6.8.3.2.24, special provision TE1 of section 6.8.4(b), special provision TT7 of section 6.8.4(d), sub-sections 6.9.2.5, 6.9.2.13 and 6.9.4.2.4, of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) sub-section 2.2.1.1.3 and special provisions 178, 239 and 266 of chapter 3.3, special provisions 237, 250, 271, 272, 278, 288, 309, sub-paragraph (a) of special provision 636 and special provision 645 of chapter 3.3, paragraph (9)t(a) of packing instruction P200 of section 4.1.4, note c to portable tank instruction T23 of sub-section 4.2.5.2.6, sub-section 5.2.2.1.9 and special provision 181 of chapter 3.3, additional provision CV1(1) of section 7.5.11 and sub-sections 8.2.1.2, 8.2.2.6.1, 8.2.2.6.5 and 8.2.2.6.7 and additional requirements S:1(4)(a), S:8 and S:9 of chapter 8.5 of ADR in relation to carriage by road; and

(c) section 1.7.3, sub-sections 1.7.4.1 and 2.2.1.1.3 and special requirement 178, 239 and 266 of chapter 3.3, sub-section 5.2.2.19 and special requirement 181 of chapter 3.3, special requirements 237, 250, 271, 272, 278, 288, 309, 645 and sub-paragraph (a) of special requirement 636 of chapter 3.3 and sub-sections 6.4.6.4 and 6.4.9.1 of RID in relation to carriage by rail.

2

Any approval granted by the Northern Ireland competent authority by reference to—

(a) section 1.7.4 of RID shall comply with sub-sections 6.4.23.9, 6.4.23.10, 6.4.23.12 and 6.4.23.13 of RID;

(b) sub-section 8.2.2.6.5 of ADR shall comply with requirements in sub-sections 8.2.2.6.2 and 8.2.2.6.6 of ADR.

PART II — MULTILATERAL AND UNILATERAL APPROVALS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

3

The references referred to in regulation 28(1) are for—

(a) unilateral approvals, sub-sections 5.1.5.1.2(d), 6.4.22.1(b), 6.4.22.2 and 6.4.22.5; and

(b) validation of unilateral approvals, sub-section 6.4.22.6,

of RID.

4

The references referred to in regulation 28(3) in relation to multilateral approvals are sub-sections 1.7.4.2, 5.1.5.2.2, 5.1.5.2.3, 6.4.21.5, 6.4.22.1(a), 6.4.22.2 and 6.4.22.3 to 6.4.22.5 of RID.

5

(1) Where the Northern Ireland competent authority grants approvals under regulation 28(1) and (3) the approval certificate issued shall comply with the requirements of sub-sections 5.1.5.3.1 and 6.4.23.9 to 6.4.23.14 of RID which are applicable to the design, goods or shipment in question.

(2) Notwithstanding sub-paragraph (1), where the Northern Ireland competent authority makes an approval as part of a multilateral approval the form of that approval may be as set out in sub-section 6.4.23.16 of RID.

PART III — APPOINTMENT OF PERSONS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

6

The references referred to in regulation 29(1)(b) are—

(a) sub-sections 6.2.1.4.1 to 6.2.1.4.3, 6.2.1.6.1, 6.2.5.6.2.4, 6.7.2.6.2, 6.7.2.6.3, 6.7.2.6.4, 6.7.2.7.1, 6.7.2.10.1, 6.7.2.12.2.4, 6.7.2.18.1, 6.7.2.19.5, 6.7.2.19.9, 6.7.2.19.10, 6.7.3.3.3.1, 6.7.3.8.1.2, 6.7.3.14.1, 6.7.3.15.3, 6.7.3.15.5, 6.7.3.15.9, 6.7.3.15.10, 6.7.4.3.3.1, 6.7.4.5.10, 6.7.4.6.4, 6.7.4.13.1, 6.7.4.14.3, 6.7.4.14.10, 6.7.4.14.11, 6.7.5.11.1, 6.7.5.12.3, 6.8.2.1.16, 6.8.2.2.2, 6.8.2.3.1, 6.8.2.4.5, 6.8.3.4.4, 6.8.3.4.6(b), 6.8.3.4.8, 6.8.3.4.12, 6.8.3.4.16, special provision TT2 of section 6.8.4(d), sub-sections 6.9.4.4.1 and 6.9.5.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) note a to sub-section 7.5.2.2 of ADR in relation to carriage by road; and

PART IV — RECOGNITION OF APPROVALS, TESTS, METHODS, STANDARDS, PROCEDURES ETC. BY THE NORTHERN IRELAND COMPETENT AUTHORITY

7

The references referred to in regulation 30(1)(b) are—

(a) section 1.7.3, sub-sections 2.2.2.1.5, 4.2.3.7.1, 6.1.1.2, 6.1.1.4, 6.1.4.8.8, 6.1.4.13.7 and 6.1.5.2.5, section 6.2.3, sub-sections 6.2.5.6.3.2, 6.4.9.2, 6.5.1.6.1, 6.5.4.3.4, 6.6.1.2, 6.6.1.3, 6.7.2.2.1, 6.7.3.2.1, 6.7.4.2.1, 6.7.4.2.8.1, 6.7.4.2.8.2, 6.7.4.7.4, 6.7.5.2.9, 6.8.2.1.4, 6.8.2.1.23, 6.8.2.7, 6.8.3.7 and special provision TA2 of sub-section (c) of section 6.8.4, sub-sections 6.9.1.1, 6.9.2.14.4 and 6.9.2.14.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) special provision 239, sub-paragraph (d) of special provision 283, sub-paragraph (a) of special provision 636 of chapter 3.3 and paragraph (9)t(b) and (9)v(b) of packing instruction P200 of section 4.1.4, special provision VV12 of section 7.3.3 and paragraph 8.1.4.4 of ADR in relation to carriage by road; and

(c) special requirement 239, sub-paragraph (d) of special requirement 283 and sub-paragraph (a) of special requirement 636 of chapter 3.3, paragraph (9)v(b) of packing instruction P200 of section 4.1.4 and paragraph 6.4.7.6 and special provision VW13 of section 7.3.3 of RID in relation to carriage by rail.

8

Where the Northern Ireland competent authority recognises a quality assurance programme by reference to sub-section—

(a) 6.1.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to plastics drums or jerricans where recycled plastics material is used, it shall only do so if that programme complies with the requirements for the quality assurance programme in question referred to in sub-section 6.1.4.8.8 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) 6.1.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to plastics boxes where recycled plastics material is used, it shall only do so if that programme complies with any relevant requirements for the quality assurance programme in question referred to in sub-section 6.1.4.13.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

PART V — IMPOSING OF REQUIREMENTS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

9

The references referred to in regulation 31(1)(b) are—

(a) sub-sections 2.2.62.1.5, 2.2.62.1.7(b) and (c), 2.2.9.1.12, paragraph (2)(b) of packing instruction P405, paragraph (8) of packing instruction P203, packing instructions P902 and LP902, paragraph 1(b) of packing instruction P905 of section 4.1.4, sub-sections 4.1.7.2.2 and 4.2.1.13.3, special provision TP23 of sub-section 4.2.5.3, sub-sections 5.2.1.7.4(c), 5.2.1.7.5(a), 5.5.1.3, 6.1.3.1(g), 6.1.5.1.3, 6.1.5.1.1, 6.2.5.1.2, 6.3.1.1(f), 6.5.2.1.1(f), 6.5.4.1.1, 6.5.4.2.1, 6.5.4.14.1, 6.6.3.1(f), 6.6.5.1.1, 6.6.5.1.3, 6.7.5.4.1 and 6.7.5.4.3, special provision TA2 of paragraph (c) of section 6.8.4 and sub-section 6.8.5.2.2, of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) special provision 16 of chapter 3.3 and sub-section 2.2.1.1.3, special provisions 237, 239 and sub-paragraph (a) of special provision 636 of chapter 3.3 and sub-section 7.5.1.4 of ADR in relation to carriage by road; and

(c) special requirement 16 of chapter 3.3 and sub-section 2.2.1.1.3, special requirements 237, 239 and sub-paragraph (a) of special requirement 636 of chapter 3.3, paragraphs (3)(3.2), (5)(5.1) and (6) of additional provision CW33 of section 7.5.11 and sub-section 6.4.11.6 of RID in relation to carriage by rail.

10

(1) Where the Northern Ireland competent authority imposes requirements by reference to—

(a) sub-section 6.1.3.1(g) of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall do so in accordance with sub-section 6.1.3.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) sub-section 6.5.2.1.1(f) of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall do so in accordance with sub-section 6.5.2.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(2) Where the Northern Ireland competent authority imposes requirements by reference to sub-sections 6.1.5.1.1, 6.5.4.1.1 or 6.6.5.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall also approve the procedures required by it in accordance with the paragraph by reference to which the requirement is imposed.

SCHEDULE 4 — CONFORMITY ASSESSMENT PROCEDURES

Module A—internal production control

1

This module describes the procedure whereby the manufacturer, or his authorised representative established within the Community who carries out the obligations laid down in paragraph 2, ensures and declares that transportable pressure equipment satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity.

2

The manufacturer must draw up the technical documentation described in paragraph 3 and either the manufacturer or his authorised representative established within the Community must keep it at the disposal of the Northern Ireland competent authority for inspection purposes for a period of ten years after the last of the transportable pressure equipment has been manufactured. Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the transportable pressure equipment on the market.

3

The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain—

a general description of the transportable pressure equipment,

conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the transportable pressure equipment,

a description of the solutions adopted to meet the requirements of Part IV of these Regulations,

results of the design calculations, examinations carried out, etc.,

test reports.

4

The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity with the technical documentation.

5

The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured transportable pressure equipment to comply with the technical documentation referred to in paragraph 2 and with the relevant requirements of Part IV of these Regulations.

Module A1—internal manufacturing checks with monitoring of the final assessment

In addition to the requirements of module A, the following applies.

Final assessment must be performed by the manufacturer and monitored by means of unexpected visits by a notified body chosen by the manufacturer.

During such visits, the notified body must:

ensure that the manufacturer actually performs final assessment,

take samples of transportable pressure equipment at the manufacturing or storage premises in order to conduct checks. The notified body assesses the number of items of equipment to sample and whether it is necessary to perform, or have performed, all or part of the final assessment of the equipment samples.

Should one or more of the items of transportable pressure equipment not conform, the notified body must take appropriate measures.

On the responsibility of the notified body, the manufacturer must affix that body’s identification number to each item of transportable pressure equipment.

Module B—EC type-examination

1

This module describes the part of the procedure by which a notified body ascertains and attests that a representative example of the production envisaged meets the relevant requirements of Part IV of these Regulations.

2

The application of EC type-examination must be lodged by the manufacturer or by his authorised representative established within the Community with a single notified body of his choice.

3

a general description of the type,

conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the transportable pressure equipment,

a description of the solutions adopted to meet the essential requirements of Part IV of these Regulations,

results of the design calculations made, examinations carried out, etc.,

test reports,

information concerning the tests provided for in manufacture,

information concerning the qualifications or approvals.

4

The notified body must:

4.1

examine the technical documentation, verify that the type has been manufactured in conformity with it and identify the components designed in accordance with the relevant provisions of Part IV of these Regulations and in particular:

examine the technical documentation with respect to the design and the manufacturing procedures,

assess the materials used where these are not in conformity with the relevant provisions of the Directive and check the certificate issued by the materials manufacturer,

approve the procedures for the permanent joining of pressure equipment parts or check that they have been previously approved,

verify that the staff undertaking the permanent joining of pressure equipment parts and the non-destructive tests are qualified or approved;

4.2

perform or have performed the appropriate examinations and necessary tests to establish whether the solutions adopted by the manufacturer meet the relevant requirements of Part IV of these Regulations;

4.3

perform or have performed the appropriate examinations and necessary tests to establish whether the relevant provisions of Part IV of these Regulations have been applied;

4.4

agree with the applicant the location where the examinations and necessary tests are to be carried out.

5

Where the type satisfies the relevant provisions of Part IV of these Regulations, the notified body must issue an EC type-examination certificate to the applicant. The certificate, which should be valid for ten years and be renewable, must contain the name and address of the manufacturer, the conclusions of the examination and the necessary data for identification of the approved type.

6

The applicant must inform the notified body that holds the technical documentation concerning the EC type-examination certificate of all modifications to the approved transportable pressure equipment; these are subject to additional approval where they may affect conformity with the relevant requirements of Part IV of these Regulations or the prescribed conditions for use of the equipment. This additional approval must be given in the form of an addition to the original EC type-examination certificate.

7

Each notified body must communicate to the member States, the relevant information concerning EC type-examination certificates which it has withdrawn, and, on request, those it has issued.

8

The other notified bodies may receive copies of the EC type-examination certificates and/or their additions. The annexes to the certificates must be held at the disposal of the other notified bodies.

9

The manufacturer, or his authorised representative established within the Community, must keep with the technical documentation copies of the EC type-examination certificates and their additions for a period of ten years after the last of the transportable pressure equipment has been manufactured.

Module B1—EC design examination

1

This module describes the part of the procedure whereby a notified body ascertains and attests that the design of an item of transportable pressure equipment meets the relevant provisions of Part IV of these Regulations.

2

The manufacturer, or his authorised representative established within the Community, must lodge an application for EC design examination with a single notified body.

3

a general description of the equipment in question,

conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

a description of the solutions adopted to meet the relevant requirements of Part IV of these Regulations,

the necessary supporting evidence for the adequacy of the design solution; this supporting evidence must include the results of tests carried out by the appropriate laboratory of the manufacturer or on his behalf,

results of the design calculations made, examinations carried out, etc.,

information regarding qualifications or approvals.

4

The notified body must:

4.1

examine the technical documentation and identify components which have been designed in accordance with the relevant provisions of Part IV of these Regulations and in particular must:

assess the materials used where these are not in conformity with the relevant provisions of Part IV of these Regulations,

approve the procedures for the permanent joining of pressure equipment parts or check that they have been previously approved,

verify that the staff undertaking the permanent joining of pressure equipment parts and the non-destructive tests are qualified or approved;

4.2

perform the necessary examinations to establish whether the solutions adopted by the manufacturer meet the relevant requirements of Part IV of these Regulations;

4.3

perform the necessary examinations to establish whether the relevant provisions of these Regulations have actually been applied.

5

Where the design meets the relevant provisions of Part IV of these Regulations, the notified body must issue an EC design-examination certificate to the applicant. The certificate must contain the name and address of the applicant, the conclusions of the examination, conditions for its validity and the necessary data for identification of the approved design.

6

The applicant must inform the notified body that holds the technical documentation concerning the EC design-examination certificate of all modifications to the approved design; these are subject to additional approval where they may affect conformity with the relevant requirements of Part IV of these Regulations or the prescribed conditions for use of the equipment. This additional approval must be given in the form of an addition to the original EC design-examination certificate.

7

Each notified body must communicate to the member States the relevant information concerning the EC design-examination certificates which it has withdrawn, and, on request, those it has issued.

8

The other notified bodies may on request obtain the relevant information concerning:

the EC design-examination certificates and additions granted,

the EC design-examination certificates and additions withdrawn.

9

The manufacturer, or his authorised representative established within the Community, must keep with the technical documentation referred to in paragraph 3 copies of EC design-examination certificates and their additions for a period of ten years after the last of the transportable pressure equipment has been manufactured.

Module C1—conformity to type

1

This module describes that part of the procedure whereby the manufacturer, or his authorised representative established within the Community, ensures and declares that transportable pressure equipment is in conformity with the type described in the EC type-examination certificate and satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity.

2

The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured transportable pressure equipment to comply with the type as described in the EC type-examination certificate and with the relevant requirements of Part IV of these Regulations.

3

The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity for a period of ten years after the last of the transportable pressure equipment has been manufactured.

4

Final assessment must be subject to monitoring in the form of unexpected visits by a notified body chosen by the manufacturer.

5

During such visits, the notified body must:

ensure that the manufacturer actually performs final assessment,

take samples of transportable pressure equipment at the manufacturing or storage premises in order to conduct checks. The notified body assesses the number of items of equipment to sample and whether it is necessary to perform, or have performed, all or part of the final assessment of the equipment samples.

Module D—production quality assurance

1

This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure equipment concerned is in conformity with the type described in the EC type-examination certificate or EC design-examination certificate and satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 4.

2

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