The Simple Pressure Vessels (Safety) (Amendment) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Simple Pressure Vessels (Safety) Regulations 1991 (S. I.1991/2749) (“the principal Regulations”). They implement Article 2 of Council Directive 93/68/EEC (“the CE Marking Directive”), which amends Council Directive 87/404/EEC on the harmonisation of the laws of the member States relating to simple pressure vessels, as amended by Council Directive 90/488/EEC, and make some other changes to the principal Regulations. The amendments come into force on 1st January 1995.

Regulation 3 effects some amendments to the Interpretation provisions of the principal Regulations. In particular, with respect to matters arising on or after 1st January 1994, references to the “Community” and “member State” are to be read respectively as references to the European Economic Area (EEA) and an EEA State, which is defined (see regulation 2(6) of the principal Regulations inserted by regulation 3(b) and the footnote reference at the end of that insertion).

Various revisions to the principal Regulations are made by regulation 4 in order to implement Article 2 of the CE Marking Directive. The main provisions—

• alter references to the EC mark to CE marking, omit the definition of “EC mark” and incorporate the procedures in respect of “CE marking” and matters incidental thereto (regulation 4(a) and (b));

• include a substituted regulation 5 which limits the requirements to comply with regulation 4 of the principal Regulations to the supply of a simple pressure vessel or relevant assembly incorporating such a vessel by a manufacturer or importer from outside the Community (EEA), with some consequential changes (the omission of regulation 14(3) and (4) of the principal Regulations): however a general duty, whereby any person supplying such a vessel/relevant assembly must ensure that it is safe, is retained (regulation 4(d) and (g));

• amend the procedure for EC verification (regulation 4(f) which substitutes regulation 12 of the principal Regulations);

• omit regulation 18, the provisions of which are substituted by new regulation 19 although paragraph (4) has been added to regulation 11 (regulation 4(e) and (h));

• provide that, unless the vessel in question is not safe, a notice is to be given to the manufacturer or his authorized representative in the Community (EEA) who has not “properly affixed” the CE marking to a vessel; further enforcement action can only be taken if the period given in the notice has expired without the vessel or relevant assembly being brought into conformity (regulation 4(i) which substitutes regulation 19 of the principal Regulations); and

• specify a revised symbol for CE marking and amend the other marking requirements (regulation 4(k) which substitutes Schedule 2 to the principal Regulations): paragraph 9 of that substituted Schedule also provides a presumption that a vessel which bears the CE marking complies with all the provisions of the Directive.

Regulation 5 sets out transitional arrangements, in respect of vessels and relevant assemblies incorporating vessels which are first supplied in the Community (EEA) before 1st January 1997, whereby a manufacturer or his authorized representative in the Community, as the case may be, may elect to comply with the marking arrangements in force on 31st December 1994. In the event of such election, the amendments made by regulation 4(f) (revised procedure for EC verification) and (k) (substituted Schedule 2) would not apply.

Certain other amendments to the principal Regulations are made by regulation 6; these include a minor clarification of the definition of “safe” (regulation 6(c)) and an amendment of Schedule 5 to the principal Regulations, in respect of vessels for use at work, to enable an enforcement authority to serve a prohibition notice (regulation 6(g)). Regulation 7 makes consequential amendments to Schedule 1 to the Provision and Use of Work Equipment Regulations 1992.

A Compliance Cost Assessment in respect of these Regulations is available and a copy can be obtained from the Department of Trade and Industry, Standards Policy Unit, 3rd Floor, 151 Buckingham Palace Road, London SW1W 9SS.