TAIEX “ How the PED Applies to Pre-Owned Pressure Equipment – The UK View ” February 2007

2. TAIEX “How the PED Applies to Pre-Owned Pressure Equipment – The UK View ” February 2007

3. Main Points • How Is The PED managed in the UK? • Does the PED apply? • When does the PED apply? • How do I apply the PED? • What problems might I encounter and where can I get help? • Sustainable development issues • Main Messages • Q & A

4. How Is the PED Managed in The UK? Safety Unit SDRD Steve Shaw Rick Holyomes Regulation and overall responsibility Enforcement and inspections

5. DTI Staff Responsible for PED Mike Dodds – Assistant Director ‘Engineering’ Directives (Lifts, Pressure Equipment, Machinery and ATEX) Rick Holyomes – Senior Policy Adviser & Denis Clarke – Policy Adviser (Pressure Equipment and ATEX Directives)

6. When does the PED apply? THE PED ONLY APPLIES TO ‘NEW’ PRESSURE EQUIPMENT LA FIN ?

7. When does the PED apply? Q. So the PED can apply to used goods? Yes: when are goods ‘new’ in terms of the Directive.

8. When does the PED apply? Q Why is this the case? A. Because the PED is a trade Directive and does not address matters of each Member States’ domestic safety or ‘in use’ regimes.

9. When does the PED apply? Q. So just exactly when does it apply? A1. When goods have undergone ‘major modification’; or A2. When goods are placed on the European market for the first time

10. When does the PED apply?1. Major Modification Q. So just what is a ‘major modification’? A. Not easy to answer – but the end-user/modifier are in a better position than anyone else to answer this!

11. When does the PED apply?1. Major Modification Q. Sounds complicated! Does it apply for other categories than equipment? A. Yes – this principle also applies to assemblies. NB If the assembly is modified enough to be considered a ‘new product’ then the whole assembly must comply – even if it didn’t need to before!

12. When does the PED apply?1. Major Modification 2 POSSIBLE SCENARIOS A B A B A(B) C DOES NOT NEED TO COMPLY NEEDS TO COMPLY

13. When does the PED apply?1. Major Modification Q. Now I’m just confused!! Where can I get advice? A. Guideline 1/3 attempts to set the boundary between a repair/slightly modifying and transforming the product – but there is no easy solution ‘Blue Guide’ also gives general advice for all New Approach Directives.

14. When does the PED apply?1. Major Modification • Guideline 1/3[Original version as adopted on: 28 Jan 1999 and modified on 17 Mar 2004]Pressure equipment directive 97/23/EC Commission’s Working Group "Pressure" Guideline related to:Article 1 , Annex I Section 3.4 Question: Are replacements, repairs or modifications of pressure equipment in use covered by the Pressure Equipment Directive (PED) ? Answer:1) Entire change: the complete replacement of an item of pressure equipment by a new one is covered by the PED.2) Repairs are not covered by the PED but are covered by national regulations (if any).3) Pressure equipment which has been subject to important modifications that change its original characteristics, purpose and/or type after it has been put into service has to be considered as a new product covered by the directive. This has to be assessed on a case by case basis.Note 1:Operating instructions in the sense of the PED (see guideline 8/3) cover documentation concerning safe operation including maintenance, but not necessarily detailed information concerning repair or modification of the equipment (e.g. material certificates or qualification of welding procedures). Such information may be provided by a specific contractual agreement between manufacturer and user.Note 2 :The directive applies only to the first placing on the market and putting into service.See “blue guide” chapter 2.1 Accepted by WPG on: 24 Feb 2004  Accepted by Working Group "pressure": 17 Mar 2004

15. When does the PED apply?1. Major Modification Q. So why is there this requirement? It just seems to complicate matters! A. The need to order to protect the integrity of the Single Market by drawing a line between repairing/slightly modifying and complete modification

16. When does the PED apply?2. On the market for the first time Q. When does this apply? A. Quite simply, when goods are imported from outside the EU and ‘placed on the market’ or ‘put into service’ for the first time.

17. When does the PED apply?2. On the market for the first time Q. That sound simpler than the modifying issue, is there a catch? A. There’s no ‘catch’ as such but there are some issues with retrospective conformity assessment that can cause problems. (But this isn’t just true of the PED, it’s the same across all the New Approach Directives.)

18. When does the PED apply?2. On the market for the first time Q. Can you be more specific? A. The two main issues are when: • dealing with materials traceability & testing; and • assemblies.

19. When does the PED apply?2. On the market for the first time Q So what’s so difficult with materials traceability and testing? A. There can be some difficulty when using non-European Global codes (e.g. ASME) when trying to reconcile the requirements long after manufacture VS

20. When does the PED apply?2. On the market for the first time • Q And for assemblies? A (ALREADY ON MARKET) B (NEW TO MARKET) Q WHICH ITEMS NEED TO COMPLY? A. A, B & C : DUE TO GLOBAL CONFORMITY ASSESSMENT C (NEW ASSEMBLY)

21. When does the PED apply?2. On the market for the first time Guideline 3/11[Original version as adopted on: 07 Nov 2000]Pressure equipment directive 97/23/EC Commission’s Working Group "Pressure" Guideline related to:Article 3 Paragraph 2 , Article 10 Paragraph 2 , Article 20 Question: If an item of pressure equipment complies with national pre-PED Regulations and is placed on the market on, or before, 29 May 2002, is it possible for it to be subsequently included in an assembly which is placed on the market after 29 May 2002? Answer: Only if it is shown that such pre-PED item of pressure equipment also complies with the requirements of the directive. If an assembly, as referred to in Article 3, section 2, is placed on the market after 29 May 2002 then it must comply with the Directive. This requirement can only be met if the individual items of pressure equipment which form the assembly also comply with the Directive. This is achieved by using the global conformity assessment procedure as per Article 10.2a, where required (see also guideline 3/7). Accepted by WPG on: 02 Oct 2000  Accepted by Working Group "pressure": 07 Nov 2000 Remarks:

22. When does the PED apply?2. On the market for the first time Q Anything else I need to be aware of? A. The are sometimes issues with using non-European codes to meet the ESRs for Sections 4 (Materials) & 7 (Quantitative Requirements) GOOD NEWS! There is excellent and robust guidance available!

23. The Future: Sustainability Q So what’s this all got to do with sustainability? A. Its all about thinking about the future Rising energy prices Rising raw material prices Increasing scarcity of raw materials Government ‘green’ taxes & subsidies = Pre-used goods more attractive?

24. Main Messages • The PED can apply to pre-used goods under certain circumstances • End-users are generally in a better position to judge applicability • There are some issues but there is robust guidance • Potential to become a more common occurrence due to sustainability considerations

25. /EC) Thank you for your attention Q&A