Information on transportable pressure equipment

Introduction

On 13 March 2020, the European Commission issued a notice on industrial products REV2 which replaced previous documents issued in January 2018 (industrial products REV 1) and February 2019 (questions and answers). The notice covers a number of Directives under the Authority’s remit including the transportable pressure equipment (TPE) directive (Directive 2010/35/EU). It outlines the legal position after 31 December 2020 regarding the identification of economic operators, conformity assessment procedures and notified bodies, and accreditation (see here for further information).

The notice refers to the relevant separation provisions of the Withdrawal Agreement in particular Articles 41 and 46. It gives examples on the placing of industrial products on the EU or the UK market before 31 December 2020 (Article 41) and covers the requirements for the transfer of information from a UK body to an EU notified body and vice-versa (Article 46).

The notice also explains the rules that apply in Northern Ireland (referred to as ‘the United Kingdom in respect of Northern Ireland’) after 31 December 2020 under the Protocol on Ireland/Northern Ireland.

Transportable Pressure Equipment

On 5 June 2020, the European Commission issued a specific notice on transportable pressure equipment REV1 which replaced the previous notice issued in July 2019. It explains the legal position after 31 December 2020 for TPE placed on the Union market and outlines the requirement for an EU notified body to carry out periodic and intermediate inspections, as well as exceptional checks, in order to ensure the continued free movement of TPE in use at the end of the transition period. An EU notified body will also be required to carry out a reassessment of conformity.

The legal position also covers TPE used exclusively for the transport of dangerous goods between EU Member States and the UK and vice-versa. Further information on what this means is provided below.

Similar to the notice on industrial products, the relevant separation provisions of the Withdrawal Agreement with regard to TPE placed on the EU or the UK market before 31 December 2020 (Article 41); and the transfer of information from a UK body to an EU notified body and vice-versa (Article 46) are outlined.

The rules that apply in Northern Ireland for TPE after 31 December 2020 are explained. Under the Protocol on Ireland/Northern Ireland, the TPE directive applies to and in the United Kingdom in respect of Northern Ireland which means inter alia the following:

• TPE placed on the market in Northern Ireland has to comply with the TPE Directive;
• TPE manufactured in Northern Ireland and shipped to the EU is not an imported product;
• TPE shipped from Great Britain to Northern Ireland is an imported product;
• Two economic operators under the TPE Directive, namely, the importer and the authorised representative, may be established in Northern Ireland.

Certificates (of conformity or reassessment of conformity) and reports of inspections (periodic, intermediate or exceptional checks) issued by notified bodies in the EU are valid in Northern Ireland. Thus TPE can be placed on the market and used in Northern Ireland based on a certificate (of conformity or reassessment of conformity) as well as reports of inspections (periodic, intermediate or exceptional checks) issued by a notified body in the EU.

Certificates (of conformity or reassessment of conformity) and reports of inspections (periodic, intermediate or exceptional checks) issued by notified bodies in Great Britain are not valid in Northern Ireland. Thus TPE cannot be placed on the market and used in Northern Ireland based on a certificate (of conformity or reassessment of conformity) as well as reports of inspections (periodic, intermediate or exceptional checks) issued by a notified body in Great Britain.

Certificates (of conformity or reassessment of conformity) and reports of inspections (periodic, intermediate or exceptional checks) issued by notified bodies in Northern Ireland will only be valid in Northern Ireland and will not be valid in the EU. Where TPE is certified by a notified body in Northern Ireland, it will need to be marked with “UK(NI)” next to the pi mark to indicate that it can legally be placed on the market in Northern Ireland but not in the EU.

Transport of Dangerous Goods between EU-27 Member States and the UK and vice-versa

For TPE used exclusively for the transport of dangerous goods between EU-27 Member States and the UK and vice-versa, the TPE directive does not apply if the equipment is used exclusively for the transport of dangerous goods between the territory of the Union and that of third countries and is carried out in accordance with Article 4 of the directive on the inland transport of dangerous goods (Directive 2008/68/EC).

Thus, TPE which complies with the requirements of the ADR (or RID) can normally continue to be accepted, after 31 December 2020, for the international carriage of dangerous goods between the UK and the EU-27 and vice versa.

What does this mean for transportable pressure equipment which is not pi (π) marked?

To answer this question, we will consider non pi marked TPE in two categories:

1. Non pi marked TPE that complies with the requirements of ADR
2. Non pi marked TPE that is not in compliance with the ADR

Non pi marked TPE that complies with the requirements of the ADR

If the TPE is ADR compliant (and IMDG compliant if the transport operation involves a sea crossing) but is not pi marked, the TPE can be used exclusively for the transport of dangerous goods between Ireland and the UK under the following conditions in Table 1:

Table 1

• If non pi marked pressure receptacles fulfil the conditions of Table 1 and are filled in the UK (Contracting Party of ADR), the pressure receptacles may enter Ireland full, but must be emptied in Ireland at the first destination point. However, the transport operation can include ‘temporary intermediate storage’ as defined in the ADR.

• If non pi marked pressure receptacles fulfil the conditions of Table 1 and are filled in Ireland, the consignor is advised to check with the competent authority in the UK (Department for Transport) regarding what is permitted under UK legislation.

Non pi marked TPE that is not in compliance with the requirements of the ADR

Non pi marked TPE that is not in compliance with ADR is restricted to national use only and must comply with our national regulations, the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations, 2011, as amended (‘the 2011 Regulations’). 

Note: In the UK, non pi marked TPE that is not ADR compliant is also restricted to national carriage within the UK. See: Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009, as amended and Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010, as amended.

Such TPE can only be transported from Ireland to the UK as non-dangerous goods. In the case of pressure receptacles which are covered under Regulation 55 of the 2011 Regulations, if they are to be carried to the UK for the purposes of periodic inspection, this could be achieved, for example, by de-gassing or with the valves removed.

Annex C tanks

Tanks constructed to EN12493 inclusive of Annex C are permitted for national use only under the transitional provisions of Annex 1 of Directive 2008/68/EC on the inland transport of dangerous goods.

Annex C tanks do not comply with ADR Chapter 6.8, but are permitted in Ireland for national use only by virtue of Regulation 54 of the 2011 Regulations.

Summary

This graphic summarises different scenarios for TPE