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1、COUNCIL DIRECTIVE of 25 June 1987 on the harmonization of the laws of the Member States relating to simple pressure vessels (87/404/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,Having reg
2、ard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Whereas Member states have the responsibility of ensuring the safety on their territory of persons, domestic animals and property
3、 with regard to the hazards resulting from the leakage or bursting of simple pressure vessels。Whereas, in each Member State, mandatory provisions define in particular the safety level required of simple pressure vessels by specifying design and operating characteristics, conditions of installation a
4、nd use and inspection procedures before and after placing on the market。 whereas these mandatory provisions do not necessarily lead to different safety levels from one Member State to another but do, by their disparity, hinder trade within the Community。Whereas the national provisions ensuring such
5、safety must be harmonized in order to guarantee the free movement of simple pressure vessels without lowering existing and justified levels of protection in the Member States。Whereas Community legislation as it stands at present provides that, notwithstanding one of the fundamental rules of the Comm
6、unity, namely the free movement of goods, barriers to intra-Community movement resulting from disparities in national laws on the marketing of products have to be accepted in so far as those provisions may be recognized as necessary to satisfy essential requirements。 whereas the harmonization of law
7、s in the present case must therefore be confined to those provisions needed to satisfy the essential safety requirements for simple pressure vessels。 whereas, because they are essential, these requirements must replace the corresponding national provisions 。Whereas this Directive therefore contains
8、only mandatory and essential requirements。whereas, to facilitate proof of conformity with the essential requirements, it is necessary to have harmonized standards at European level in particular as to the design, operation and installation of simple pressure vessels so that products complying with t
9、hem may be assumed to conform to the safety requirements。 whereas these standards harmonized at European level are drawn up by private bodies and must remain non-mandatory texts。 whereas for that purpose the European Committee for Standardization (CEN) and the European Committee for Electrotechnical
10、 Standardization (CENELEC) are recognized as the competent bodies for the adoption of harmonized standards in accordance with the general guidelines for cooperation between the Commission and those two bodies signed on 13 N vember 1984。精选学习资料 - - - - - - - - - 名师归纳总结 - - - - - - -第 1 页，共 15 页whereas
11、, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization document) adopted by one or both of those bodies upon a remit from the Commission in Accordance with the provisions of Council Directive 83/189/EEC of 28 March 1983 laying dow
12、n a procedure for the provision of information in the field of technical standards and regulations(4) and the abovementioned general guidelines。Whereas a check on compliance with the relevant technical requirements is necessary to provide effective protection for users and third parties。 whereas the
13、 existing inspection procedures differ from one Member State to another。 whereas, in order to avoid multiple inspections, which are in effect barriers to the free movement of vessels, arrangements should be made for the mutual recognition of inspection procedures by the Member States 。 whereas, in o
14、rder to facilitate the mutual recognition of inspection procedures, harmonized Community procedures should be set up and the criteria for appointing the bodies responsible for carrying out tests, surveillance and verification should be harmonized。Whereas the presence on a simple pressure vessel of t
15、he EC mark indicates that it satisfies the provisions of this Directive and therefore makes it unnecessary, on import and placing into service of the vessel, to repeat the inspections already carried out。whereas nevertheless simple pressure vessels might represent a safety hazard。whereas provision s
16、hould therefore be made for a procedure to reduce this hazard,HAS ADOPTED THIS DIRECTIVE: CHAPTER I Scope, placing on the market and free movement Article 1 1. This Directive applies to simple pressure vessels manufactured in series.2. For the purposes of this Directive, simple pressure vessel means
17、 any welded vessel subjected to an internal gauge pressure greater than 0,5 bar which is intended to contain air or nitrogen and which is not intended to be fired.Moreover, -the parts and assemblies contributing to the strength of the vessel under pressure shall be made either of non-alloy quality s
18、teel or of non-alloy aluminium or non-age hardening aluminium alloys,-the vessel shall be made of: -either a cylindrical part of circular cross-section closed by outwardly dished and/or flat ends which revolve around the same axis as the cylindrical part,-or two dished ends revolving around the same
19、 axis,-the maximum working pressure of the vessel shall not exceed 30 bar and the product of that pressure and the capacity of the vessel (PS.V) shall not exceed 10 000 bar/litre,精选学习资料 - - - - - - - - - 名师归纳总结 - - - - - - -第 2 页，共 15 页-the minimum working temperature must be no lower than minus 50
20、C and the maximum working temperature shall not be higher than 300 C for steel and 100 C for aluminium or aluminium alloy vessels.3. The following vessels shall be excluded from the scope of the Directive:-vessels specifically designed for nuclear use, failure of which may cause an emission of radio
21、activity,-vessels specifically intended for installation in or the propulsion of ships and aircraft,-fire extinguishers. Article 2 1. Member States shall take all necessary steps to ensure that the vessels referred to in Article 1, hereinafter referred to as vessels, may be placed on the market and
22、taken into service only if they do not compromise the safety of persons, domestic animals or property when properly installed and maintained and when used for the purposes for which they are intended.2. The provisions of this Directive do not affect the right of Member States to specify - with due o
23、bservance of the Treaty - the requirements they deem necessary to ensure that workers are protected when using vessels, provided it does not mean the vessels are modified in a way unspecified in this Directive.Article 3 1. Vessels in respect of which the product of PS and V exceeds 50 bar/litre must
24、 satisfy the essential safety requirements set out in Annex I.2. Vessels in respect of which the product of PS and V is 50 bar/litre or less must be manufactured in accordance with sound engineering practice in one of the MemberStates and bear markings as laid down in section 1 of Annex II, with the
25、 exception of the EC mark referred to in Article 16.Article 4 Member States shall not impede the placing on the market and the taking into service in their territory of vessels which satisfy the requirements of this Directive.Article 5 1. Member States shall presume compliance with the essential saf
26、ety requirements referred to in Article 3 in respect of vessels bearing the EC mark denoting conformity with the relevant national standards incorporating the harmonized standards whose reference numbers have been published in the Official Journal of the European Communities. Member States shall pub
27、lish the reference numbers of such national standards.2. Member States shall presume that vessels in respect of which the manufacturer has not applied, or has applied only in part, the standards referred to in paragraph 1, or for which no such standards exist, comply with the essential requirements
28、referred to in 精选学习资料 - - - - - - - - - 名师归纳总结 - - - - - - -第 3 页，共 15 页Article 3 where, after receipt of an EEC type-examination certificate, their conformity with the approved model has been certified by the affixation of the EC mark.Article 6 1. Where a Member State or the Commission, considers t
29、hat the harmonized standards referred to in Article 5 (1) do not entirely meet the essential requirements referred to in Article 3, the Commission or the Member State concerned shall bring the matter before the Standing Committee set up under Directive 83/189/EEC, hereinafter referred to as the comm
30、ittee, giving the reasons therefor. The committee shall deliver an opinion without delay. In the light of the committees opinion, the Commission shall inform the Member States whether or not it is necessary to withdraw those standards from the publications referred to in Article 5 (1).Article 7 1. W
31、here a MemberState finds that vessels bearing the EC mark and used in accordance with their intended purpose might compromise the safety of persons, domestic animals or property, it shall take all appropriate measures to withdraw those products from the market or to prohibit or restrict their being
32、placed on the market.The MemberState concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision, and in particular whether non-conformity is due to:(a)failure to meet the essential requirements referred to in Article 3, where the vessel does not me
33、et the standards referred to in Article 5 (1)。(b)incorrect application of the standards referred to in Article 5 (1)。(c)shortcomings in the standards referred to in Article 5 (1) themselves.2. The Commission shall enter into consultation with the parties concerned as soon as possible. Where, after s
34、uch consultation, the Commission finds that any measure as referred to in paragraph 1 is justified, it shall immediately so inform the MemberState that took the action and the other MemberStates. Where the decision referred to in paragraph 1 is attributed to shortcomings in the standards, the Commis
35、sion, after consulting the parties concerned, shall bring the matter before the Committee within two months if the Member State which has taken the measures intends to maintain them and shall initiate the procedures referred to in Article 6.3. Where a vessel which does not comply bears the EC mark,
36、the competent MemberState shall take appropriate action against whomsoever has affixed the mark and shall inform the Commission and the other MemberStates thereof.4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.CHAPTER II Certific
37、ation procedures Article 8 精选学习资料 - - - - - - - - - 名师归纳总结 - - - - - - -第 4 页，共 15 页1. Prior to production of pressure vessels of which the product of PS and V exceeds 50 bar/litre, manufactured:(a)in accordance with the standards referred to in Article 5 (1), the manufacturer, or his authorized rep
38、resentative established within the Community, shall at his own choice:-either inform an approved inspection body as referred to in Article 9, which after examining the design and manufacturing schedule referred to in Annex II 3, shall draw up a certificate of adequacy attesting that the schedule is
39、satisfactory, or-submit a prototype vessel for the EC type- examination referred to in Article 10。(b)not, or only partly, in accordance with the standards referred to in Article 5 (1), the manufacturer, or his authorized representative established within the Community, must submit a prototype vessel
40、 for the EC type-examination referred to in Article 10.2. Vessels manufactured in accordance with the standards referred to in Article 5 (1) or with the approved prototype shall, prior to their being placed on the market, be subject:(a)to the EC verification referred to in Article 11 where the produ
41、ct of PS and V exceeds 3 000 bar/litre:(b)at the choice of the manufacturer, where the productof PS and V does not exceed 3 000 bar litre but exceeds50 bar/litre: -either to the EC declaration of conformity referred to in Article 12, or-to the EC verification referred to in Article 11. 3. The record
42、s, and correspondence relating to the certification procedures referred to in paragraphs 1 and 2 shall be drafted in an official language of the MemberState in which the approved body is established or in a language accepted by that body.Article 9 1. Each Member State shall notify the Commission and
43、 the other Member States of the approved bodies responsible for carrying out the certification procedures referred to in Article 8 (1) and (2). The Commission shall publish a list of these bodies and the distinguishing number it has allotted them, for information purposes, in the Official Journal of
44、 the European Communities and shall ensure that the list is kept up to date.2. Annex III sets out the minimum criteria which Member States must meet as regards approval of these bodies.3. A Member State which has approved a body must withdraw approval if it finds that the body no longermeets the cri
45、teria listed in Annex III. It shall immediatelyinform the Commission and the other MemberStates accordingly.EC type-examination 精选学习资料 - - - - - - - - - 名师归纳总结 - - - - - - -第 5 页，共 15 页Article 10 1. EC type-examination is the procedure by which an approved inspection body ascertains and certifies th
46、at a prototype vessel satisfies the provisions of this Directive which apply to it.2. The application for EC type-examination shall be lodged by the manufacturer or by his authorized representative with a single approved inspection body in respect of a prototype vessel or of a prototype representing
47、 a family of vessels. That authorized representative must be established in the Community.The application shall include: -the name and address of the manufacturer or of his authorized representative and the place of manufacture of the vessels,-the design and manufacturing schedule referred to in Ann
48、ex II 3.It shall be accompanied by a vessel which is representative of the production envisaged.3. The approved body shall carry out the EC type-examination in the manner described below.It shall examine not only the design and manufacturing schedule in order to check its conformity, but also the ve
49、ssel submitted.When examining the vessel, the body shall: (a)verify that the vessel has been manufactured in conformity with the design and manufacturing schedule and may safely be used under its intended working conditions 。(b)perform appropriate examinations and tests to check that the vessel comp
50、lies with the essential requirements applicable to it.4. If the prototype complies with the provisions applicable to it the body shall draw up an EC type-examination certificate which shall be forwarded to the applicant. That certificate shall state the conclusions of the examination, indicate any c