Methods (Amendment) Regulations, 2008

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,176, 22 ta’ Jannar, 2008

L.N. 24 of 2008

PRODUCT SAFETY ACT

(CAP. 427)

Common Provisions for Pressure Vessels and Inspection

Methods (Amendment) Regulations, 2008

IN exercise of the powers conferred by articles 38 to 40 of the

Product Safety Act, the Minister for Competitiveness and

Communications, on the advice of the Malta Standards Authority, has

made the following regulations>–

(1) The title of these regulations is the Common Provisions Citation, scope and

for Pressure Vessels and Inspection Methods (Amendment) Regulations, commencement.

2008 and they shall be read and construed as one with the Common

Provisions for Pressure Vessels and Inspection Methods Regulations, L.N. 146 of 2002.

2002, hereinafter referred to as “the principal regulations”.

(2) These regulations transpose Annex C of Directive

2006#96#EC of the European Parliament and of the Council of 20 th

November, 2006 on adapting certain Directives in the field of free

movement of goods, by reason of the accession of Bulgaria and Romania

on the 1 st January, 2007.

(3) These regulations shall come into force on 1 st January,

2007.

(1) For Schedule 1 of the principal regulations, there shall Amends Schedule I

of the principal

be substituted the following>

regulations.

“SCHEDULE I ∗

Based on Annex I of the Directive

EEC PATTERN APPROVAL

1. APPLICATION FOR EEC PATTERN APPROVAL

1.1. The application and the correspondence relating to it shall be drawn up in an

official language of the State to which the application is made in accordance with

the laws of that State. The Member State has the right to require that the annexed

documents should also be drawn up in that same official language.

∗ See the Appendix to Schedules I and II.

1.2. The application shall contain the following information

- name and address of the manufacturer or firm, of his or its authorized

representative or of the applicant, and the place or places of manufacture of the

vessels,

- category of the vessel,

- intended use or prohibited uses,

- technical characteristics,

- trade name, if any, or type.

1.3. The application shall be accompanied by two copies of the documents

required and in particular

1.3.1. A description including

- the materials specifications, the methods of construction and the strength

calculations for the vessel,

- any safety devices fitted,

- the places where the approval and verification marks specified in these

regulations are to be affixed, as well as the other marks specified in the

Schedules V, VI and VII.

1.3.2. The general plans and, where appropriate, detailed drawings of important

design features.

1.3.3. Any other information provided for in Schedules V, VI and VII.

1.3.4. A statement certifying that no other application for EEC pattern approval

has been submitted for the same pattern of vessel.

2. EXAMINATION FOR EEC PATTERN APPROVAL

2.1. The examination for EEC pattern approval shall be carried out on the basis

of the plans and, where appropriate, on sample vessels.

The examination shall entail

(a) checking of the design calculations, method of manufacture, workmanship

and materials;

(b) where appropriate, checking of the safety devices and measuring equipment

and the methods of installation.

EEC PATTERN APPROVAL CERTIFICATE AND MARK

3.1. The certificate referred to in regulations 7.4 and 7.5 shall contain the

conclusions of the examination of the pattern and shall indicate any conditions to

which, under regulation 5.1, approval may be subject. It shall be accompanied by

the descriptions and drawings necessary to identify the pattern and, where

appropriate, to explain how it functions. The EEC approval mark provided for in

regulations 7.4 and 7.5 shall be a stylised letters containing

- in the upper part, the serial number of Schedules V, VI or VII, allocated

according to the chronological order of adoption, and the capital letter(s)

identifying the State which has granted EEC pattern approval (B for Belgium, D

for the Federal Republic of Germany, DK for Denmark, EL for Greece, F for

France, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands,

UK for United Kingdom, BG for Bulgaria, RO for Romania) and the year of EEC

pattern approval; the number of Schedules V, VI or VII, to which the EEC

pattern approval refers, will be allocated by the Council when it is adopted,

- in the lower part, the EEC pattern approval number.

An example of this mark is shown in section 5.1.

3.2. The mark referred to in regulation 7.6, represented by the stylised letter ε

reversed symmetrically about a vertical axis, contains in the upper part the same

reference number of the category not subject to EEC pattern approval if so

provided in Schedules V, VI or VII.

An example of this mark is shown in point 5.2 of this Schedule.

3.3. The mark mentioned in regulation 9.7.1 is the same as the EEC approval

mark surrounded by a hexagon.

An example of this mark is shown in point 5.3 of this Schedule.

3.4. The mark mentioned in regulation 9.7.2 is the mark of exemption from EEC

pattern approval surrounded by a hexagon.

An example of this mark is shown in point 5.4 of this Schedule.

PUBLICATION OF EEC PATTERN APPROVAL

4.1. At the same time as the party concerned is notified, copies of the EEC

pattern approval certificate shall be sent by the Member State to the Commission

and to the other Member States, which may also obtain copies of the definitive

technical file on the vessel and of the reports on the examinations and tests it has

undergone.

4.2. Withdrawal of EEC pattern approval shall be published in accordance with

the procedure laid down in point 4.1 of this Schedule.

4.3. Any Member State refusing EEC pattern approval shall inform the other

Member States and the Commission of such refusal.

MARKS RELATING TO EEC PATTERN APPROVAL

5.1. Mark of EEC pattern approval (see point 3.1 of this Schedule)

Example

EEC pattern approval granted by the Federal Republic of Germany in 1979,

pursuant to Schedule V. EEC pattern approval number.

5.2. Mark of exemption from EEC pattern approval (see point 3.2 of this

Schedule)

Example

Vessel constructed in Germany in 1979 and not subject to EEC pattern approval

pursuant to Schedule V.

Reference number of the category not subject to EEC pattern approval if so

provided in Schedules V, VI or VII.

5.3. Mark of EEC pattern approval and exemption from EEC verification (see

point 3.3 of this Schedule)

Example

EEC pattern approval issued by the Federal Republic of Germany in 1979,

pursuant to Schedule V to these regulations.

EEC pattern approval number.

5.4. Mark of exemption from EEC pattern approval and from EEC verification

(see point 3.4 of this Schedule)

Example

Vessel constructed in Germany in 1979 and not subject to EEC pattern approval

pursuant to Schedule V.

Reference number of the category not subject to EEC pattern approval if so

provided in Schedules V, VI or VII.

5.5. Schedules V, VI and VII may specify the placing and dimensions of the

marks relating to EEC pattern approval.

Unless otherwise indicated in Schedules V, VI and VII, the letters and numbers

in each mark must be at least 5mm high. ”

For Schedule 2 of the principal regulations, there shall be substituted the

following

“SCHEDULE II ∗

Based on Annex II of the Directive

EEC VERIFICATION

1. GENERAL

1.1. EEC verification may be carried out in one or more stages.

1.2 Subject to the requirements of Schedules V, VI and VII

1.2.1. EEC verification shall be carried out in one stage only on vessels which

constitute a whole on leaving the factory, that is to say vessels which,

theoretically, can be transferred to their place of installation without first having

to be dismantled;

1.2.2. the verification of vessels not dispatched in one piece shall be carried out

in two or more stages;

1.2.3. verification must in particular ensure that the vessel conforms to the

approved pattern or, in the case of vessels exempt from EEC pattern approval, to

the requirements laid down by the Schedules V, VI or VII.

2. NATURE OF EEC VERIFICATION

2.1. Subject to the requirements of Schedules V, VI and VII, the verification shall

entail

- examination of the characteristics of the materials,

- checking of the design calculations, method of manufacture, workmanship and

materials used,

- an internal examination consisting of a check on the internal parts and the

welding,

- a pressure test,

- inspection of any safety devices and measuring equipment fitted,

- an external examination of the various parts of the vessel,

- a performance test where this is prescribed in Schedules V, VI and VII.

∗ See the Appendix to Schedules I and II.

∗∗ Explanatory note on the EEC final verification mark and EEC partial verification mark

If a vessel cannot be assembled at its place of manufacture, or if transporting it is likely to affect its characteristics, EEC

verification shall be carried out as follows

- verification of the vessel at its place of manufacture by an inspection body of the country of origin which, providing the vessel

conforms to EEC requirements shall affix the 'e' stamp described in 3.1.1.1.1 and known as the EEC partial verification mark,

final verification of the vessel at its place of installation by an inspection body of the country of destination which, providing the

vessel conforms to EEC requirements, shall affix the stamp described in 3.1.1.1.2 which, together with the EEC partial

verification mark, forms the EEC final verification mark.

3. EEC VERIFICATION MARKS

3.1. Description of EEC verification marks

3.1.1. Subject to the requirements of Schedules V, VI and VII, EEC verification

marks which are affixed in accordance with point 3.3 of this Schedule shall be as

follows

3.1.1.1. The EEC final verification mark shall be composed of two stamps

3.1.1.1.1. The first consisting of a letter 'e' containing

- in the upper half, the capital letter(s) identifying the State in which the

verification is carried out (B for Belgium, D for the Federal Republic of

Germany, DK for Denmark, EL for Greece, F for France, I for Italy, IRL for

Ireland, L for Luxembourg, NL for the Netherlands and UK for the United

Kingdom, BG for Bulgaria, RO for Romania) together, where necessary with one

or two numbers identifying a territorial subdivision;

- in the lower half, the mark of the inspection body affixed by the verifying

agent, together with the mark of the verifying agent of appropriate;

3.1.1.1.2. the second stamp consisting of the date of verification in a hexagon

described with the accuracy required by Schedules V, VI and VII.

3.1.1.2. The EEC partial verification mark shall consist solely of the first

stamp ∗∗ .

3 .2. Shape and dimensions of marks

3.2.1. An example of the stamps described in poi nts 3.1.1.1.1 and 3.1.1.1.2 of this

S chedule is illustrated in figures 1 and 2 below.

Schedules V, VI an d VII may specify the placing and dimensions of the EEC

v erification marks.

Unless otherwise indicated in Schedules V , VI and VII, the letters and numbers

o f each mark must be at least 5 mm high.

3.2.2. The inspection bodies of the Member States shall mutually exchange

c opies of the drawings of the EEC verification marks.

3 .3. Affixing the marks

3.3.1. The EEC final verification mark shall be affixed in the required position on

the vessel when the latter has been finally verified and is recognized as

c onforming to EEC requirements.

3.3.2. Where verification is carried out in more than one stage, the EEC partial

verification mark shall be affixed at the place of manufacture on the vessel or

part of a vessel which is recognized as conforming to EEC requirements at that

stage of the inspection procedure, and in the place specifically provided for the

s tamping place or in any other place specified in Schedules V, VI and VII.

Appendix to Schedules I and II

Table illustrating the various possible combinations for EEC pattern approval or

E EC verification

”

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