Updates on the PED – Not for the faint hearted !

Recast of Pressure Equipment Directive

David Hardacre, Lead Specialist – Design Appraisal

Pressure Vessel Manufacturers Forum: 2nd July 2014

Recast of Pressure Equipment Directive: PVMF July 2014

Pressure Equipment Directive – The story so far…

• The PED (97/23/EC) was adopted by the European Parliament and European

Council in May 1997

• Entered fully into force in May 2002.

• The study, “Evaluation of the Pressure Equipment Directive” was conducted

for the European Union between November 2011 and October 2012.

• The purpose of the study was to assess how, and to what extent, the

Directive has met its objectives (free circulation of pressure equipment

whilst ensuring a high degree of safety).

Recast of Pressure Equipment Directive: PVMF July 2014

Pressure Equipment Directive – Conclusions of the study

The positives

• PED has succeeded in removing barriers to trade.

• Maintained high levels of product safety.

• Generally clear and the PED fits into a relatively stable and coherent

regulatory environment.

• Strong growth within the industry (weighted average growth for the

industry between 1995 and 2010 is 57% compared with 32.1% for the EU

economy).

• The classification system (based upon the fluid contained and stored energy)

is regarded as having been a sensible system to adopt.

Recast of Pressure Equipment Directive: PVMF July 2014

Pressure Equipment Directive – Conclusions of the study

The concerns

• There are a number of barriers that hinder the performance of the

Directive. Whilst in some specific cases these have serious implications, they

should not be considered as constituting a widespread failure with the

Directive.

• Weaknesses and inconsistencies in the implementation of the legislation

across the Member States and between Notified Bodies has led to noncompliant

or potentially harmful products appearing on the market.

• The quality of market surveillance varies across Europe.

• The delocalisation of production to low cost centres presents a number of

challenges for the consistent implementation of the PED.

• To date, not a single manufacturer of non-conforming products that carried

serious safety failings has been convicted through legal processes.

• Despite the perceived advantages of EN standards their uptake by European

industry has so far been partial.

Recast of Pressure Equipment Directive: PVMF July 2014

Pressure Equipment Directive – Conclusions of the study

Recommendations

• Member States should ensure that national market surveillance authorities

fulfil the expectation that they make use of the safeguard procedure when

non-conforming products are identified.

• The EC standardisation process would be better supported through greater

involvement of a wider variety and larger number of pressure equipment

stakeholders.

• CEN, Member States and Notified Bodies should promote the uptake of EN

standards by users.

• The Commission and Member States need to consider the use of appropriate

legal action, where serious failings are discovered.

• Notified Bodies should be monitored in line with the requirements of the

PED and accreditation bodies should exercise their powers of withholding or

suspending operating certificates if problems are identified.

• Align the PED to the New Legislative Framework (NLF).

Recast of Pressure Equipment Directive: PVMF July 2014

Pressure Equipment Directive – New Legislative Framework

• Alignment of the PED to the New Legislative Framework (NLF) includes the

Classification, Labelling and Packaging (CLP) Regulation (1272/2008/EC ).

• The CLP Regulation will replace the current classification under the

Dangerous Substances Directive (DSD) 67/548/EEC. This will be over a

transitional period that will end on 31 May 2015.

• This affects the PED because PED categorisation depends, among other

things, on the Fluid Group (Group 1 or 2).

Recast of Pressure Equipment Directive: PVMF July 2014

Pressure Equipment Directive – Fluid Categorisation

Current System

• According to Article 9 of Directive 97/23/EC, the ‘fluids’ are divided into two

groups:

• Group 1 comprises the following ‘dangerous fluids’, as classified on the

basis of their intrinsic properties and the degree and specific nature of

the hazards involved in Directive 67/548/EEC: explosive, extremely

flammable, highly flammable, flammable, very toxic, toxic and

oxidising.

• Group 2 comprises all other fluids not referred to in Directive 97/23/EC

as ‘dangerous’.

Recast of Pressure Equipment Directive: PVMF July 2014

Pressure Equipment Directive – Fluid Categorisation

New System

• Group 1 fluids consisting of hazardous substances and mixtures of Article 2

of the CLP Regulation (1272/2008)

substances and mixtures which in contact with water emit flammable

gases, category 1, 2 and 3

flammable liquids, category 3 where the maximum

allowable temperature is above the flashpoint

flammable gases, category 1 and 2 flammable solids, category 1 and 2

oxidising gases, category 1 pyrophoric liquids, category 1

flammable liquids, categories 1 and 2 pyrophoric solids, category 1

unstable explosives or explosives of Divisions 1.1, 1.2, 1.3, 1.4 & 1.5 self-reactive substances and mixtures, type A to F

oxidising liquids, category 1, 2 and 3 organic peroxides types A to F

oxidising solids, category 1, 2 and 3 acute oral toxicity: category 1 and 2

acute inhalation toxicity: category 1, 2 and 3; acute dermal toxicity: category 1 and 2

specific target organ toxicity – single exposure: category 1.

Recast of Pressure Equipment Directive: PVMF July 2014

Pressure Equipment Directive – Timeline

• The recast Pressure Equipment Directive was published in the EU Official

Journal L189 on 27th June 2014 (pages 166-261).:

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2014:189:FULL&from=EN

• Member States have until 28th February 2015 to implement Article 13

(alignment with the CLP).

• Article 13 will apply from 1st June 2015.

• The rest of the new Pressure Equipment Directive (2014/68/EU) is to be

implemented by 18th July 2016.