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1、精选学习资料 - - - - - - - - - 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
2、 100 thereof,Having regard to the proposal from the Commission1,Having regard to the opinion of the European Parliament2,Having regard to the opinion of the Economic and Social Committee3,Whereas Member states have the responsibility of ensuring the safety on their territory of persons, domestic ani
3、mals and property 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
4、of installation and 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 provisio
5、ns ensuring such 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
6、rules of the Community, 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 har
7、monization of laws 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 th
8、erefore contains 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
9、 complying with them 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 E
10、lectrotechnical Standardization CENELEC are recognized as the competent bodies for the adoption of harmonized standards in accordance with the general guidelines for cooperation 名师归纳总结 between the Commission and those two bodies signed on 13 N；vember 1984第 1 页,共 15 页- - - - - - -精选学习资料 - - - - - - -
11、 - - whereas, 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
12、laying down a procedure for the provision of information in the field of technical standards and regulations4 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； whe
13、reas the 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 ； where
14、as, in order 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 ves
15、sel of the 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 hazardwhereas prov
16、ision should 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 vesse
17、l means 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 qu
18、ality steel 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 t
19、he same 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,名师归纳总结 - - - - - - -第 2 页,共 15 页精选学习资料 - - - - - - - - - -the minimum working temperature must be no lower than minu
20、s 50 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
21、radioactivity,-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
22、 and 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
23、due observance 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
24、 must 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, wit
25、h the 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 essentia
26、l safety 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 shal
27、l publish 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 requirem
28、ents referred to in 名师归纳总结 - - - - - - -第 3 页,共 15 页精选学习资料 - - - - - - - - - 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, consid
29、ers that 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 c
30、ommittee, 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.
31、Where 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:afailure to meet the essential requirements referred to in Article 3, where the vessel does not mee
33、t the standards referred to in Article 5 1；bincorrect application of the standards referred to in Article 5 1；cshortcomings 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 such consult
34、ation, 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 Commission, after
35、 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, the compete
36、nt 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 Certification proce
37、dures Article 8 名师归纳总结 - - - - - - -第 4 页,共 15 页精选学习资料 - - - - - - - - - 1. Prior to production of pressure vessels of which the product of PS and V exceeds 50 bar/litre, manufactured: ain accordance with the standards referred to in Article 5 1, the manufacturer, or his authorized representative es
38、tablished 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 satisfactory,
39、or-submit a prototype vessel for the EC type- examination referred to in Article 10；bnot, 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 for the EC type-e
40、xamination 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:ato the EC verification referred to in Article 11 where the product of PS and V exceeds
41、 3 000 bar/litre: bat the choice of the manufacturer, where the product of PS and V does not exceed 3 000 bar litre but exceeds 50 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 records, and correspondence
42、 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 the other Member Sta
43、tes 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 the European Communities
44、 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 longer meets the criteria listed in Annex I
45、II. It shall immediately inform the Commission and the other MemberStates accordingly.EC type-examination 名师归纳总结 - - - - - - -第 5 页,共 15 页精选学习资料 - - - - - - - - - Article 10 1. EC type-examination is the procedure by which an approved inspection body ascertains and certifies that a prototype vessel
46、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 a family of vessels.
47、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 Annex II 3.It shall be ac
48、companied 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 vessel submitted.When examining the vessel, the body shall: averify that the vessel has been manufactured in conformity with the design and