National Legislation in the Pressure Sector and the PED

Survey Comparison of former MSt. and EC legal systems Consequences for MSt. Authorities Comparison of MSt. and EC safety regulations Interfaces between legislation on PE of MSt. and EC

Former MSt. legal system Decision making procedures in the hand of national Authority Enforcement of national regulations including conformity assessment procedures All safety related tasks carried out by the national Authority

Enforcement of regulations under former MSt. legal systems Approvals of P.E. on placing on the market, putting into service and inservice inspection safeguard actions penalties interpretation of requirements amendments of regulations

EC legal systems Decision making procedures in the hand of Commission, Council and Parliament Enforcement task of MSt. Authorities Monitoring tasks on enforcement in the hand of Commission Conformity assessment tasks shared by manufacturers and N.B.

Enforcement of regulations under EC legal systems adoption and publication of transposition acts appointment and surveillance of N.B. market surveillance safeguard actions penalties

Consequences for MSt. Authorities EC decision-making procedures helpfully to align the field of tasks of national Authorities to the EC structures establish procedures to decide upon the national point of view helpfully to establish national groups with similar tasks as EC working parties

Consequences for MSt. Authorities Enforcement of EC Directives Appropriate legal structures for the implementation of EC Directives Distinction between conformity assessment tasks and authority tasks legal structure for appointing and supervision of N.B. legal structure and means for market surveillance

Consequences for MSt. Authorities Responsibilities on PE Authorities responsible for the free movement of PE Responsibly for the notification of conformity assessment bodies Remain responsible for the safety of PE in the sense of market surveillance Responsibilities for the installation and the operation of PE

Comparison of MSt. and EC regulations Former MSt. regulations on PE Scope including technical requirements on design, manufacturing and operating Conformity assessment procedures, periodic in-service inspection Detailed requirements

Comparison of MSt. and EC regulations EC regulations on PE Scope covers requirements for placing on the market and putting into service Essential safety requirements Choice of the manufacturer on technical solutions Module system on conformity assessment includes QM Extension of manufacturer responsibility

Interface between legislation on PE of MSt. and EC Putting into service In-service inspection Operational requirements Assemblies PE covered by Art. 3.3 PED Safeguard clause

Interface putting into service Art. 2 PED defines the task of MSt. of protection of persons during use of PE Modifications to PE laid down in national regulations are not permissible On site situation may affect the safety National regulations on the environment of the PE National regulation based on technical requirements only

Interface putting into service MSt. regulations Requirements on the environment of the PE; e.g. define zones of potentially explosive atmosphere damage limitation requirement affecting the place of installation; e.g. boiler house, underground LPG vessels Control of labelling and documentation Control of transport damages

Interface In-service inspection In-service inspection is not covered by the scope of PED Annex I PED offers a broad range of technical solutions Required extent and kind of in-service inspection determined by the technical solution chosen

Interface In-service inspection examples of relevant aspects corrosion internal/external fatigue, cycle loadings temperature influence, creep, brittleness material behaviour

Interface In-service inspection Consequences for national regulations Requirements shall be based on technical criterions only Requirements on the documentation justifying resistance against specific loads may be demanded Formal requirements e.g. - involvement of a specific notified body - compliance with a specific national code are an infringement of the Treaty

Interface Operational requirements Boilers intended for operation without continuous supervision National regulation demanding function checks Duration of the time of unattended operation depends on the automatic systems National requirements shall be based on technical criterions only

Interface Assemblies PED assembly a new concept for MSt. regulations PED assembly definition applies also for PE assembled on site PE assembled by the user will not constitute an PED assembly Responsibility shift from the manufacturer on the user Assembly aspects should be taken into account by national regulations

Interface Art. 3.3 PED Definition of safety object, instruction for use and markings Only the free movement clause applies De facto mutual recognition of national requirements of MSt. on PE

Interface Safeguard clause MSt are obliged to forbid the placing on the market of dangerous PE by applying national measures MSt are obliged to notify their decisions to the Commission Commission has to take an opinion on the justification of the national measures and ask other MSt to take appropriate action or conversely, ask the MSt. to withdraw its action

Thank you for your attention