S.I. No. 374/2004 - European Communities (Transportable Pressure Equipment) Regulations 2004

1. Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment (defined in the Regulations as the “Transportable Pressure Equipment Directive”);

2. Commission Directive 2001/2/EC of 4 January 2001 adapting to technical progress Council Directive 1999/36/EC;

3. Commission Directive 2002/50/EC of 6 June 2002 adapting to technical progress Council Directive 1999/36/EC.

The Regulations apply to any new transportable pressure equipment placed on the market and manufactured on or after 1 July 2001 which may be subject to assessment of conformity.

The Regulations also apply to existing equipment which may be subject to reassessment of conformity.

Transportable pressure equipment is defined as a receptacle or tank which is used or intended to be used for the carriage by road or rail of Class 2 goods (gases) and certain other dangerous goods, including any valve or other accessory fitted to the equipment and used for carriage.

The Regulations provide that transportable pressure equipment must be safe and suitable for its intended purpose and comply with the international agreements concerning transport of dangerous goods by road and rail.

Where appropriate the transportable pressure equipment must be assessed by a notified body or an approved body and bear the conformity marking.

The Regulations provide for offences which are subject to summary prosecution and provide for penalties of up to €3,000 per offence.

For ease of reference, the Schedules to the Regulations transpose the Annexes to the Transportable Pressure Equipment Directive, as amended, as follows—

Schedule 1 (List of dangerous substances other than those referred to in the definition of “transportable pressure equipment” in Regulation 2(1)) transposes Annex VI of the Transportable Pressure Equipment Directive

Schedule 2 (Conformity assessment procedures) transposes Annex IV, Part I of the Transportable Pressure Equipment Directive

Schedule 3 (Modules to be followed for conformity assessment) transposes Annex V of the Transportable Pressure Equipment Directive

Schedule 4 (Conformity reassessment procedure) transposes Annex IV, Part II of the Transportable Pressure Equipment Directive

Schedule 5 (Periodic inspection procedures) transposes Annex IV, Part III of the Transportable Pressure Equipment Directive

Schedule 6 (Conformity marking) transposes Annex VII of the Transportable Pressure Equipment Directive

Schedule 7 (Minimum and supplementary criteria to be met by notified bodies and approved bodies) transposes Annexes I, II and III of the Transportable Pressure Equipment Directive

1

O.J. No. L 138, 1.6.1999, p. 20

2

O.J. No. L 5, 10.1.2001, p. 4

3

O.J. No. L 149, 7.6.2002, p. 28

4

Current edition (2003): ISBN 92-1-139078-8.

5

O.J. No. L 319, 12.12.1994, p. 7

6

O.J. No. L 279, 01.11.2000, p. 40

7

O.J. No. L 90, 08.04.2003, p. 45

8

ISBN 0-11-55-2553-X

9

O.J. No. L 235, 17.09.1996, p. 25

10

O.J. No. L 279, 01.11.2000, p. 44.

11

O.J. No. L 90, 8.4.2003, p. 47

12

O.J. No. L 300, 19.11.1984, pp 1, 20 and 48 respectively.

1

O.J. No. L 138, 1.6.1999, p. 20

2

O.J. No. L 5, 10.1.2001, p.4

3

O.J. No. L 149, 7.6.2002, p.28

13

Directive 97/23/EC of the European Parliament and of the Council of 29 May 1997 on the approximation of laws of the Member States concerning pressure equipment. O.J. No. L 181, 9.7.1997, p. 1

4. The staff of the inspection body who are responsible for inspection must have appropriate qualifications, sound technical and vocational training and a satisfactory knowledge of the requirements of the inspections to be carried out and adequate experience of such operations. In order to guarantee a high level of safety the inspection body must be in a position to provide expertise in the field of safety of transportable pressure equipment. The staff must have the ability to make professional judgements as to conformity with general requirements using examination results and to report thereon. They must also have the ability required to draw up the certificates, records and reports to demonstrate that the inspections have been carried out.

5. They must also have relevant knowledge of the technology used for the manufacturing of the transportable pressure equipment, including accessories, which they inspect, of the way in which the equipment submitted to their inspections is used or is intended to be used, and of the defects which may occur during use or in service.

6. The inspection body and its staff must carry out the assessments and verifications with the highest degree of professional integrity and technical competence. The inspection body must ensure the confidentiality of information obtained in the course of its inspection activities. Proprietary rights must be protected.

7. The remuneration of persons engaged in inspection activities must not directly depend on the number of inspections carried out and in no case on the results of such inspections.

8. The inspection body must have adequate liability insurance unless its liability is assumed by the State in accordance with national laws or by the organisation of which it forms a part.

9. The inspection body must itself normally perform the inspections which it contracts to undertake. When an inspection body sub-contracts any part of the inspection, it must ensure and be able to demonstrate that its subcontractor is competent to perform the service in question and must take full responsibility for that sub-contracting.

Part 2

Supplementary criteria to be met by notified bodies

10. (1) The competent authority may appoint such persons as it thinks fit to be notified bodies, approved bodies or national approved bodies for the purposes of these Regulations.

(2) A person shall not be appointed as a notified body or approved body unless, in the opinion of the competent authority, it meets the minimum criteria specified in Schedule 7, Part 1 and

(

a

) in the case of an applicant for approval as a notified body, the supplementary criteria specified in Schedule 7, Part 2;

(

b

) in the case of an applicant for approval as an approved body, the supplementary criteria specified in Schedule 7, Part 3.

(3) An application for—

(

a

) appointment as a notified body;

(

b

) appointment as an approved body; or

(

c

) appointment as a national approved body; or

(

d

) the amendment of an existing appointment,

shall be made to the competent authority.

(4) An appointment made under this Regulation by the competent authority—

(

a

) may relate to all descriptions of transportable pressure equipment or to such descriptions as the competent authority may determine;

(

b

) may be made subject to such conditions as the competent authority may determine, and such conditions may include conditions which apply upon or following termination of the appointment;

(

c

) shall, without prejudice to the generality of subparagraph (

b

) and subject to paragraph (8), require the notified body, or approved body or national approved body, as the case may be, to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the manufacturer of the transportable pressure equipment fulfils the obligations arising out of the relevant conformity assessment procedure;

(

d

) shall be terminated upon 90 days’ notice in writing to the competent authority at the request of the notified body, or the approved body or national approved body; and

(

e

) may be terminated if it appears to the competent authority that any of the conditions of the appointment are not being complied with.

(5) Subject to paragraph (43)(

d

) and (

e

), an appointment under this Regulation may be for the time being, or for such period as may be specified in the appointment.

(6) A notified body, or an approved body or national approved body appointed by the competent authority shall be subject to such inspection by or on behalf of the competent authority as is necessary to ensure compliance with any condition specified in the appointment.

(7) The inspection referred to in paragraph (6) may include the examination of premises, equipment and documents and the notified body, or approved body or national approved body shall provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.

(8) In respect of an application made to a notified body, or an approved body or national approved body in accordance with these Regulations, the notified body, or approved body or national approved body, as the case may be, shall not be required to carry out the procedures and tasks referred to in paragraph (4)(

c

)—

(

a

) if the documents submitted to it with the application are not in English or another language acceptable to that body;

(

b

) until the applicant has paid the fee which that body requires pursuant to Regulation 14 [cross-reference to be checked prior to finalisation]; or

(

c

) if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.

(9) If for any reason the appointment of a notified body, or an approved body or national approved body is terminated under this Regulation, the competent authority may—

(

a

) give such directions

(i) to the body whose appointment has been terminated; or

(ii) to another notified body, or approved body or national approved body,

for the purpose of making such arrangements for the determination of outstanding applications as it considers appropriate and those directions shall be complied with by the body to whom they are made; and

(

b

) without prejudice to the generality of subparagraph (

a

), authorise another notified body, or approved body or national approved body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.

(10) A person aggrieved by a decision of the competent authority under this Regulation may, by notice in writing given to the Minister, not later than 14 days after the receipt by that person of notice of that decision, appeal the decision.

(11) The Minister, having considered any submissions made to him or her by an appellant, the competent authority or any other interested party, and, if applicable, the report of any inquiry held under paragraph (12) or of any assessor appointed under paragraph (13) in relation thereto, may uphold, vary or reverse the decision of the competent authority.

(12) The Minister may appoint an officer of the Minister to hold an inquiry in connection with an appeal under this Regulation and to make a report to him or her on the findings and result of that inquiry.

(13) The Minister may appoint an assessor to assist him or her and to make a report to him or her in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by him or her under paragraph (12).

Conformity marking

11. (1) Without prejudice to the requirements for the marking of receptacles and tanks laid down in the ADR Directive and RID Directive, receptacles and tanks satisfying the provisions of Regulations 4 and 6 shall have the conformity mark affixed to them in accordance with Schedule 2.

(2) The conformity mark shall be visibly and immovably affixed and shall be accompanied by the identification number of the notified body which has performed the conformity assessment procedure on the receptacles and tanks.

(3) In the case of reassessment of conformity, the mark shall be accompanied by the identification number of the notified or approved body.

(4) Valves and other accessories manufactured on or after 1 July 2001 [check other dates for consistency] and having a direct safety function shall bear either the conformity mark or the “CE” mark and such marks need not be accompanied by the identification number of the notified body which carried out the conformity assessment on the valves and other accessories used for transport.

(5) Valves and accessories other than those referred to in paragraph (4) shall not be subject to any special marking requirements.

(6) Without prejudice to the requirements for the marking of receptacles and tanks laid down in the ADR Directive and the RID Directive, for the purposes of periodic inspections, all transportable pressure equipment referred to in Regulation 7 shall bear the identification number of the body which performed the periodic inspection of the equipment to indicate that it may continue to be used.

(7) With regard to gas cylinders covered by the separate Directives, when the first periodic inspection is carried out in accordance with these Regulations, the identification number referred to in this Regulation shall be preceded by the conformity mark.

(8) For both conformity assessment and reassessment and for periodic inspections, the identification number of the notified or approved body shall be visibly and immovably affixed under its responsibility either by the body itself or by the manufacturer, or his or her authorised representative established within the Community, or by the owner or his or her authorised representative established in the Community, or by the holder.

(9) The affixing of markings on transportable pressure equipment which are likely to mislead third parties with regard to the meaning or the graphics of the mark referred to in these Regulations is prohibited.

(10) Any other marking may be affixed to transportable pressure equipment provided that the visibility and legibility of the conformity marking is not thereby reduced.

Safeguard clause and undue marking

12. (1) Where, in the opinion of the competent authority, transportable pressure equipment, when correctly maintained and used for its intended purpose, is liable to endanger the health or safety of persons and, where appropriate, domestic animals or property, during transport or use, notwithstanding the fact that the equipment bears a mark in accordance with Regulation 11[check cross reference], the competent authority may restrict or prohibit the placing on the market, transport or use of the equipment in question or have it withdrawn from the market or from circulation.

(2) Without prejudice to paragraph (1), where the competent authority establishes that the conformity marking referred to in Regulation 11 has been affixed unduly, it may direct the owner or his or her authorised representative established in the State, or the holder, or the manufacturer or his or her authorised representative established in the State, to ensure that the relevant transportable pressure equipment conforms with Regulation 11, and the competent authority may restrict or prohibit the placing on the market, transport or use of the equipment in question or have it withdrawn from the market or from circulation.

(3) The competent authority shall forthwith notify the Commission of any decision under paragraphs (1) or (2).

Immunity of competent authorities

13. No action or other proceeding shall lie or be maintainable against the competent authority of any officer of (including in the case of the competent authority, an inspector of the competent authority), servant of, or person engaged by, the competent authority for the recovery of damages in respect of any injury to persons or property alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions provided for by these Regulations.

Charges payable to the competent authority, notified body, approved body or national approved body

14. (1) On the making of an application to a competent authority for the—

(

a

) appointment of a notified body, or an approved body or national approved body; or

(

b

) amendment of an existing appointment of such a body;

there shall be payable by the applicant in connection with the performance by or on behalf of the competent authority of its functions in relation to that application the relevant fee in accordance with such scale of charges as may be specified by the Minister, as published from time to time in the

Iris Oifigiúil

.

(2) The fees referred to in respect of subparagraphs (a) or (

b

) of paragraph (1) are—

(

a

) a fee for processing an application, and

(

b

) such fee as is reasonable in relation to the actual work to be performed in respect of the determination of the suitability of the applicant for appointment or for the amendment of an existing appointment.

(3) A fee, which shall be reasonable in relation to the actual work performed, shall be payable by the relevant notified body, approved body or national approved body in respect of any inspection undertaken by or on behalf of the competent authority in accordance with Regulation 10(6). [check cross reference]

(4) Subject to paragraph (5), where an application has been made to a notified body, approved body or national approved body in accordance with these Regulations, the notified body, or approved body or national approved body, as the case may be, may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in Regulation 10(4)(c) as it may determine.

(5) The fees referred to in paragraph (4) shall not exceed—

(

a

) the costs incurred or to be incurred by a notified body, approved body or national approved body in performing the relevant function; and

(

b

) an amount on account of profit which is reasonable in the circumstances having regard to the—

(i) character and extent of the work done or to be done by that body on behalf of the applicant, and

(ii) commercial rate normally charged on account of profit for that work or similar work.

(6) In relation to paragraph (4) a notified body, approved body or national approved body may require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

(7) A competent authority, a notified body, or an approved body or national approved body may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under this Regulation.

Authorised officers.

15. (1) The competent authority may appoint such and so many persons as it thinks fit, to be authorised officers for the purposes of these Regulations and any function conferred on the competent authority by these Regulations may be performed by an authorised officer.

(2) A person appointed under paragraph (1) shall, on his or her appointment, be furnished by the competent authority, with a warrant of his or her appointment, and when exercising a power conferred by this Regulation shall, if requested by any person thereby affected, produce such warrant to that person for inspection.

(3) An authorised officer may, for the purposes of these Regulations—

(

a

) enter, inspect, examine and search at all times any premises at which he or she has reasonable grounds for believing that transportable pressure equipment is being manufactured, used or stored, or any premises that are part of an undertaking engaged in the manufacture of that transportable pressure equipment;

(

b

) take with him or her a member of the Garda Síochána if he or she has reasonable cause to apprehend any serious obstruction in the execution of his or her duty;

(

c

) take with him or her any other person authorised by the competent authority or equipment or materials required for any purpose for which the power of entry is being exercised;

(

d

) where he or she has reasonable cause to believe that at or in any premises an offence under these Regulations has been or is being committed, use reasonable force where necessary in order to enter the premises, provided he or she is so authorised by a warrant of a judge of the District Court (which such judge is hereby authorised to issue upon reasonable grounds being given on oath);

(

e

) at any premises referred to in subparagraph (a), inspect and take copies of, or extracts from, any books, records or other documents which he or she finds in the course of his or her inspection;

(

f

) carry out or have carried out such examinations, tests, inspections and checks of the premises, of any transportable pressure equipment or assemblies being manufactured or stored at the premises, or of any equipment, machinery or plant at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under these Regulations;

(

g

) require any person at the premises or the owner or person in charge of the premises and any person employed in connection therewith to give to him or her such information and to produce to him or her such books, documents and other records that are in that person’s power or procurement as he or she may reasonable require for the purposes of his or her functions under these Regulations;

(

h

) require any person whom he or she has reasonable cause to believe to be able to give information relevant to any examination under these Regulations, to answer either alone or in the presence of any other person, as he or she thinks fit, such questions with respect to matters under these Regulations as he or she thinks fit to ask and sign a declaration of the truth of the answers given, provided that no one shall be required to answer any question or to give any evidence tending to incriminate himself or herself;

(

i

) direct that any premises referred to in subparagraph (a) or part of such premises and anything therein shall be left undisturbed for so long as it is reasonably necessary for the purpose of any examination or inquiry under these Regulations;

(

j

) take possession of and remove from the premises for examination and checking by the competent authority or a notified body, approved body or national approved body in the State, transportable pressure equipment or any part thereof, and retain such transportable pressure equipment or part thereof for such time as he or she considers reasonable for the purposes of his or her functions under these Regulations;

(

k

) as regards any article or substance he or she finds at or in a premises to which subparagraph (a) applies, require the proprietor or any person he or she finds at the premises or any person who appears to him or her to be in possession of the article or substance, to supply without payment, for test, examination or analysis sufficient samples thereof;

(

l

) cause any article or substance found at or in any premises which appears to him or her to have caused or to be likely to cause danger to safety or health, to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of these Regulations) and where an authorised officer proposes to exercise the power conferred by this subparagraph in the case of an article or substance found at or in any premises, he or she shall, if so requested by a person who at the time is present at or in and has responsibilities in relation to that premises, cause anything which is to be done by virtue of that power to be done in the presence of that person;

(

m

) in relation to any article or substance found at a premises in accordance with subparagraph (l), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(i) examine or arrange for the examination of it and do to it anything which he or she has power to do under subparagraph (1);

(ii) ensure that it is not tampered with before the examination of it is completed;

(iii) ensure that it is available for use as evidence in any proceedings;

(

n

) take any measurements or photographs or make any recordings which he or she considers necessary for the purposes of any inspection, or examination made by him or her under these Regulations; and

(

o

) require any person to afford him or her such facilities and assistance within his or her control or responsibilities as are reasonably necessary to enable him or her to exercise any of the powers conferred on him or her under these Regulations.

Indemnification of authorised officers

16. Where the competent authority is satisfied that an authorised officer appointed by it under these Regulations, or any other member of the staff of the authority, has discharged his or her duties in relation to the carrying out of functions under these Regulations in a

bona fide

manner, it shall indemnify the authorised officer, or such member of the staff of the competent authority, against all actions or claims howsoever arising in respect of the discharge by him or her of duties.

Obtaining of information by the competent authority.

17. (1) The competent authority may, for the purpose of obtaining information which it requires for the discharge of functions under these Regulations, by a notice in writing (in this Regulation referred to as “a notice requiring information”) served on any person, require such person to furnish to the competent authority within a period specified in the notice and in such form, if any, as may be specified in the notice, information about any matters specified in the notice.

(2) The competent authority shall not serve a notice requiring information unless, having regard to all the circumstances of the particular case, the information is reasonably required in connection with the exercise of functions under these Regulations.

(3) A person shall provide the information requested in a notice requiring information—

(

a

) where no appeal is taken against the notice —

(i) on the expiration of the period during which such an appeal may be taken,

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information, or

(iii) on such subsequent day as the competent authority may agree in writing,

whichever is the later;

(

b

) where an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn—

(i) on the day following the day on which the notice is so confirmed or the appeal is withdrawn,

(ii) within the period of time specified in the notice for the purpose of the furnishing of the information, or

(iii) in case the operation of the notice has been suspended in accordance with paragraph (4)(

b

), on the expiration of the period that the judge of the District Court considered appropriate for the purpose of that subparagraph,

whichever is the later.

(4) (

a

) Where a person is aggrieved by a notice requiring information served on him or her, he or she may, within the period of 7 days beginning on the day on which the notice is so served, appeal to a judge of the District Court in the District Court District in which the notice is served in the prescribed manner against the notice and, in determining the appeal, the judge may—

(i) if he or she is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification; or

(ii) cancel the notice;

(

b

) where on the hearing of an appeal under subparagraph (

a

) a notice requiring information is confirmed, the judge by whom the appeal is heard, may on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he or she considers appropriate;

(

c

) the judge determining an appeal under subparagraph (

a

) may make such order as to the payment of costs in respect of the appeal as he or she considers appropriate.

(5) Where any opinion of the competent authority to which paragraph (2) relates purports to be contained in any document which—

(

a

) purports to have been made by or at the direction of the competent authority; and

(

b

) is produced in evidence by an officer of the competent authority in any proceedings,

such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.

Offences

18. (1) A person who, in relation to the conformity mark or any document required for the purposes of these Regulations—

(

a

) forges or counterfeits any such document or mark,

(

b

) gives or signs a document or makes a mark knowing it to be false in any material particular,

(

c

) knowingly utters or uses a document or mark so forged or counterfeited, or which is false as aforesaid,

(

d

) knowingly utters or uses as applying to any person a document or mark which does not so apply,

(

e

) knowingly connives at any such forging, counterfeiting, giving, signing, uttering or using,

(

f

) knowingly makes a false entry in any such document which is so required to be kept, served or sent, or

(

g

) knowingly uses any such false entry,

is guilty of an offence.

(2) Any person who contravenes Regulation 11(9) is guilty of an offence.

(3) A person who fails to comply with a direction given under Regulation 12(2) is guilty of an offence.

(4) A person who—

(

a

) personates any person named in any document required for the purposes of these Regulations,

(

b

) falsely pretends to be an authorised officer, inspector or member of staff of the competent authority, notified body or approved body, or

(

c

) wilfully connives at any such personation or pretence,

is guilty of an offence.

(5) A person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him or her by these Regulations or impedes the exercise by the officer of such power or fails or refuses to comply with a request made by, or to answer a question asked by, an authorised officer pursuant to these Regulations or in purported compliance with such request or in answer to such question gives information to an officer that he or she knows to be false or misleading in a material respect is guilty of an offence.

(6) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(7) In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall be a defence for the person charged to prove—

(

a

) that the commission of the offence was due to the act or default of another person not being one of his or her employees; and

(

b

) that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Penalties

19. A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000.

Prosecution of offences

20. A prosecution for an offence under these Regulations may be brought by the competent authority.

Cost of prosecutions

21. Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the competent authority the costs and expenses, measured by the court, incurred by the competent authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees or persons engaged by the competent authority.

SCHEDULE 1

Regulation 2(1)

List of dangerous substances other than those referred to in the definition of “transportable pressure equipment” in Regulation 2(1)

UN number

Class

ADR/RID figures

Dangerous substances

1051

6.1

1

Stabilised hydrogen cyanide

1052

8

6

Anhydrous hydrogen fluoride

1790

8

6

Hydrofluoric acid

SCHEDULE 2

Regulation 4

and

5

Conformity assessment procedures

Module A — internal production control

Regulation

1.

Citation.

2.

Interpretation.

3.

Scope

4.

Requirements relating to the placing on the market or use at work of new transportable pressure equipment.

5.

Transportable pressure equipment placed on the market or used at work exclusively in the State.

6.

Reassessment of conformity for existing transportable pressure equipment.

7.

Periodic inspection and repeated use.

8.

Notified bodies.

9.

Approved bodies.

10.

Appointment of notified bodies, and approved bodies and national approved bodies by the competent authority.

11.

Conformity marking.

12.

Safeguard clause and undue marking.

13.

Immunity of competent authority.

14.

Charges payable to the competent authority, notified body, approved body or national approved body.

15.

Authorised officers.

16.

Indemnification of authorised officers.

17.

Obtaining of information by the competent authority.

18.

Offences.

19.

Penalties.

20.

Prosecution of offences.

21.

Cost of prosecutions.

SCHEDULES

Schedule 1

List of dangerous substances other than those referred to in the definition of “transportable pressure equipment” in Regulation 2(1).

Schedule 2

Conformity assessment procedures.

Schedule 3

Modules to be followed for conformity assessment.

Schedule 4

Conformity reassessment procedure.

Schedule 5

Periodic inspection procedures.

Schedule 6

Conformity marking.

Schedule 7

Minimum and supplementary criteria to be met by notified bodies and approved bodies.

S.I. No. 374 of 2004.

EUROPEAN COMMUNITIES (TRANSPORTABLE PRESSURE EQUIPMENT) REGULATIONS 2004.

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), and for the purposes of giving effect to Council Directive 1999/36/EC of 29 April 1999

1

as amended and adapted to technical progress by Commission Directive 2001/2/EC of 4 January 2001

2

and Commission Directive 2002/50/EC of 6 June 2002

3

, hereby make the following regulations

Citation