The Transportable Pressure Equipment Directive [TPED]

The 1999 Transportable Pressure Equipment Directive [TPED], Council Directive 1999/36/EC, as amended by 2001/2/EC and 2002/50/EC was transposed into national legislation in 2004 by way of the European Communities (Transportable Pressure Equipment) Regulations 2004, S.I. 374 of 2004 [TPE Regulations].

These directives and regulations have now been superseded by the 2010 TPED, the ADR (from 2009), and  the EC (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 which transposed the 2010 TPED, S.I. 349 of 2011 (as amended) - see links to all regulations from 2011 to 2017 below.

However, the main purpose of the legislation has not changed. The revised and new provisions are to avoid multiple approvals (certification and inspection in more than one Member State) for the placing on the market, repeated use and periodic inspection of receptacles (e.g. cylinders and drums) and tanks for the carriage of class 2 gases (e.g. oxygen, LPG, nitrogen, carbon dioxide), UN1052 hydrogen fluoride and UN1790 hydrofluoric acid (over 85% hydrogen fluoride) by road and rail. The 2011 Regulations (see below) transpose in to Irish law the 2010 Transportable Pressure Equipment Directive, this latest TPE Directive also introduced new provisions for those involved (economic operators) in placing TPE on the market.

In 2009, parts of TPED were transferred to ADR creating a new conformity assessment system in ADR 1.8.6 and 1.8.7. This means that the conformity assessment procedures in ADR 1.8.7 and for inspections and tests (including supervision of manufacture) the procedures in ADR 1.8.7 must be applied by the competent authority, its delegate or inspection body conforming to ADR 1.8.6.4 and accredited according to EN/ISO/EC 17020:2004 type A

Inspection bodies seeking to be accredited under ADR should contact the HSA and INAB for further information.

Inspection bodies performing certain assessments, inspection, testing and certification activities in relation to transportable pressure equipment are required to be notified to the European Commission in accordance with Directive 2010/35/EU. Such inspection bodies must apply to become notified bodies and must meet the requirements set out in the Annexes to Directive 2008/68/EC (the ADR Directive) and Directive 2010/35/EC (the TPE Directive).

 

Legislation:

European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 (S.I. 349 of 2011)

European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2013 (S.I. 238 of 2013)

European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2015 (S.I. 31 of 2015)

European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2015 (S.I. 288 of 2015)

European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2017 (S.I. No. 5 of 2017)

European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2017 (S.I. No. 282 of 2017)

TPED Guidance (due to be replaced to be in line with the 2010 TPED and the Regulations 2011 - 2017)

European Communities (Transportable Pressure Equipment) Regulations 2004, S.I. 374 of 2004 (Revoked)

ADR 2017

Full legislation is available on IrishStatuteBook.ie., the website of the Office of the Attorney General.

Further Information