Directive 2014/68 - Harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast) - Main contents
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official title
Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast) Text with EEA relevance| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2014/68 |
| Original proposal | COM(2013)471  |
| CELEX number i | 32014L0068 |
| Document | 15-05-2014 |
|---|---|
| Publication in Official Journal | 27-06-2014; OJ L 189 p. 164-259 |
| Effect | 17-07-2014; Entry into force Date pub. +20 See Art 51 19-07-2016; Application Partial application See Art 51 |
| End of validity | 31-12-9999 |
| Transposition | 28-02-2015; Adoption See Art 49.1.1 01-06-2015; Application See Art 49.1.2 18-07-2016; Adoption See Art 49.2.1 19-07-2016; Application See Art 49.2.2 |
27.6.2014 |
EN |
Official Journal of the European Union |
L 189/164 |
DIRECTIVE 2014/68/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive 97/23/EC of the European Parliament and of the Council (3) has been substantially amended (4). Since further amendments are to be made, that Directive should be recast in the interests of clarity. |
(2) |
Regulation (EC) No 765/2008 of the European Parliament and of the Council (5) lays down rules on the accreditation of conformity assessment bodies, provides a framework for the market surveillance of products and for controls on products from third countries, and lays down the general principles of the CE marking. |
(3) |
Decision No 768/2008/EC of the European Parliament and of the Council (6) lays down common principles and reference provisions intended to apply across sectoral legislation in order to provide a coherent basis for revision or recasts of that legislation. Directive 97/23/EC should therefore be adapted to that Decision. |
(4) |
This Directive covers pressure equipment and assemblies which are new to the Union market when they are placed on the market; that is to say they are either new pressure equipment or assemblies made by a manufacturer established in the Union or pressure equipment or assemblies, whether new or second-hand, imported from a third country. |
(5) |
This Directive should apply to all forms of supply, including distance selling. |
(6) |
This Directive should apply to pressure equipment subject to a maximum allowable pressure PS greater than 0,5 bar. Pressure equipment subject to a pressure of not more than 0,5 bar does not pose a significant risk due to pressure. Therefore, there should not be any obstacle to its free movement within the Union. |
(7) |
This Directive should also apply to assemblies composed of several pieces of pressure equipment assembled to constitute an integrated and functional whole. Those assemblies may range from simple assemblies such as pressure cookers to complex assemblies such as water tube boilers. If the manufacturer of an assembly intends to place it on the market and put it into service as an assembly — and not in the form of its constituent non-assembled elements — that assembly should comply with this Directive. However, this Directive should not apply to the assembly of pressure equipment on the site and under the responsibility of a user who is not the manufacturer, as in the case of industrial installations. |
(8) |
This Directive should harmonise national provisions on risks due to pressure. The other risks which this equipment may present may fall within the scope of other Directives dealing with those risks. |
(9) |
However, some pressure equipment is covered by other Directives based on Article 114 of the Treaty on the Functioning of the European Union (TFEU). The provisions laid down in some of those Directives deal also with the risk due to pressure. Those Directives are considered adequate to provide appropriate protection where the risk due to pressure associated with such equipment remains small. Therefore, such equipment should be excluded from... |
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