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INTERFACES BETWEEN NATIONAL LEGISLATION AND DIRECTIVE 97/23/EC

INTERFACES BETWEEN NATIONAL LEGISLATION AND DIRECTIVE 97/23/EC. SYSTEM OF ENSURING SAFETY OPERATION OF PRESSURE EQUIPMENT. TECHNICAL SAFETY The safety and protection of health of citizens and domestic animals and property is one of the most important tasks of each Member State.

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INTERFACES BETWEEN NATIONAL LEGISLATION AND DIRECTIVE 97/23/EC

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  1. INTERFACES BETWEEN NATIONAL LEGISLATION AND DIRECTIVE 97/23/EC SYSTEM OF ENSURING SAFETY OPERATION OF PRESSURE EQUIPMENT

  2. TECHNICAL SAFETY • The safety and protection of health of citizens and domestic animals and property is one of the most important tasks of each Member State. • Systems of assurance of safety operation of pressure equipment form in Member States very important part of national technical safety systems. • Special care is focused on pressure equipment and installations which are working equipment used by workers.

  3. SAFETY OPERATION OF PRESSURE EQUIPMENT In each Member State there are in force regulations and administrative provisions focused on assurance of safety operation of pressure equipment, which require: • that it is properly designed, manufactured, checked and if applicable equipped and installed before it is put into service. • that wide range of pressure equipment shall be additionally properly maintained and subject to regular in-service inspections. That especially concerns the apparatus and assemblies which are working equipment.

  4. REMOVAL OF TECHNICAL BARRIERS TO THE TRADE FOR PE • Differences in the content and scope of the laws in force in Member States regarding design, manufacturing and required tests constituted barriers to free movement of PE within the Community. • Such barriers for PE were removed by harmonisation of national legislation, mainly through adoption of New Approach Directives: 87/404/EEC and 97/23/EC. • Main purpose of adoption of technical harmonisation directives was the improvement of competitiveness of European pressure sector by ensuring free movement of PE and assemblies.

  5. MAIN PROVISIONS INCLUDED IN PED • Technical requirements formulated generally as the Essential Safety Requirements (ESR), concerning design, manufacturing, marking, materials and operating instructions • Conformity assessment procedures • CE marking • Presumption of conformity: • for PE bearing CE marking and EC declaration of conformity as conforming to all provisions of NAD • conforming harmonised standards as conforming to essential requirements

  6. COMPARISON OF THE SYSTEMS OF SAFETY ASSURANCE FOR PE PUT INTO MARKET IN POLAND BEFORE 1ST MAY 2004 AND AFTER MAIN DIFERRENCES

  7. PRESURE EQUIPMENT SUBJECT TO THE PED • PED apply to PE which are intended to be placed (or put into service) on the Community market for the first time: • to new PE manufactured in the Member States • to new, as well as used and second-hand PE imported from third countries • to PE subject to important changes and thus having to comply with applicable directives

  8. EXCLUSIONS OF PE FROM PED - REASONS • 21 kinds of PE are excluded from PED because: • they are already harmonised by other directives • hazards connected with PE are very specific and should be eliminated (reduced) together by separate directive • pressure is not a significant design factor • according generally accepted practice this kind of PE was treated in separate way • Assembly of pressure equipment on site and under responsibility of the user

  9. DEFINITION OF “PRESSURE EQUIPMENT” FOR THE PURPOSE OF PED • Definition of “pressure equipment” used for the purpose of PED covers: • Pressure vessels • Piping • Pressure accessories • Safety Accessories and in many cases differs from traditional definitions used in Member States, which suit rather the PED definition of “assemblies”, such as: boilers, heat exchangers, steam generators, refrigeration systems, autoclaves.

  10. ASSEMBLIES (1/2) • For the purpose of PED “assembly” means several assembled pieces of pressure equipment, provided: • they constitute integrated whole • they constitute functional whole • they are assembled by one manufacturer

  11. ASSEMBLIES (2/2) • PED assembly definition applies also for PE assembled on site • PE assembled by the user will not constitute an PED assembly when responsibility shift from the manufacturer on the user • Assembly aspects should be taken into account by national regulations

  12. MEMBER STATES OBLIGATIONS CONCERNING IMPLEMENTATION OF PED PROVISIONS INTO NATIONAL LEGAL SYSTEM • Implementation of requirements of PED into national legal system, removal of contradictory national provisions • Set up system for appointment and surveillance of conformity assessment bodies • Set up of market surveillance system • Safeguard actions • Penalties

  13. MSt. AUTHORITIES RESPONSIBILITIES ON PE WITHIN THE SCOPE OF PED • To ensure the free movement of PE on the territory of MS • To notify and be responsible for the competence of conformity assessment bodies being under its jurisdiction • To operate market surveillance for PE being put into market (or put into service) on its territory • To establish (maintain) legal system to ensure the safety installation and the operation of PE

  14. LAW CONCERNING THE IN-SERVICE INSPECTIONS • In-service inspections are not covered by the provisions of PED • For great part of the PE (being work equipment) there are provisions for carry out in-service inspections included in Directive 89/655/EEC (amended by 95/63/EC) concerning the minimum safety and health requirements for the use of work equipment by workers at work

  15. INTERVENTION OF MSt. AUTHORITY BEFORE PE IS ALLOWED TO BE PUT INTO SERVICE • PED doesn't release MS from the duty to lay down requirements which they deem necessary to protect persons during use of PE (Art. 2.2) • Requirements for modifications of PE or assemblies laid down in national regulations are not permissible • Inspections under national legislation can include (Guidline 9/23): • verifications whether the pressure equipment or assemblies have suffered from transport damage, • inspections whether integration of PE in the surrounding environment and/or their joining to the rest of the installation has been performed correctly according to national legislation • checking whether the operators have sufficient expertise. • control of labelling and documentation

  16. INFORMATION WHICH ARE NOT REQUIRED BY THE PED BUT MAY BE INCLUDED BY CONTRACTUAL AGREEMENT(GUIDELINE 8/3) • hazard analysis, • material test certificates, • detailed design calculations, • “as built” drawings, • heat treatment records, • welding records, • NDT results, • results of dimensional check, • full records of proof test, • details and results of special checks, • details of any corrective repair or modifications, • full documentation of any concessions made.

  17. EXAMPLES OF ASPECTS BEING TAKEN INTO CONSIDERATION DURING IN-SERVICE INSPECTIONS • corrosion internal/external • fatigue, cycle loadings • temperature influence, creep, brittleness • material behaviour

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