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Transportable Pressure Equipment Guidance

Transportable Pressure Equipment Directive
1999/36/EC

EC (Transportable Pressure Equipment) Regulations
2004, S.I. 374 of 2004


Forward

Council Directive 1999/36/EC (TPED)and its corrigendum as amended
by Commission Directive 2001/2 EC and Commission Directive
2002/50 EC concerning transportable pressure equipment has been
implemented in Ireland by the European Communities (Transportable
Pressure Equipment) Regulations 2004 (TPE regulations).

The aim of the Directive is to promote the free movement of
transportable pressure equipment within the European Community by
providing a framework for a uniform and compulsory application of an
approval procedure by all member States. The regulations set out the
means by which inspection bodies for the purposes of TPE regulations
are appointed and the conformity assessment processes, transportable
pressure equipment (TPE), must be subjected to.

This guidance document should be read in conjunction with the
regulations and aims to summarise and provide guidance on the main
requirements of the legislation; explain the role of Notified and
Approved inspection bodies and explain how these regulations may
impact on the Irish gas industry with respect to the use of new and
existing transportable pressure equipment.

Elements of the current TPED have been incorporated into ADR 2009.
Some of these elements have been amended and will supersede the
current TPED in 2011. For these immanent changes refer to ADR 2009
chapters, 1.8.6 and 1.8.7


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Scope

The regulations apply to new transportable pressure equipment placed
on the market and for the purpose of reassessment of conformity, they
apply to existing TPE which meet the technical requirements laid down
in RID/ADR. TPE covers all receptacles and tanks intended for the
carriage of class 2 gases as defined in Article 2 Part 1, 1999/36/EC and
in addition, applies to UN1051 stabilised hydrogen cyanide, UN1052
anhydrous hydrogen fluoride and UN1790 hydrofluoric acid.

Inspection bodies are appointed by the Health and Safety Authority,
the Competent Authority in Ireland for TPE regulations, following
assessment by the Irish National Accreditation Board (INAB) on behalf
of the Authority.


Type of TPE and dates by which the regulations apply:

Type of TPE





TPED Article 3
New TPE
(ADR/RID
Compliant)

TPED Article 5
Reassessment
of
conformity for
existing
TPE (ADR/RID
compliant)
TPED Article 6
Periodic
inspection
And
Repeated use
Cylinders
Tubes
Cryo- receptacles
On or after
1 July 2001

(reg. 4)
On or before
30 June 2003

(reg. 6)
In accordance
With ADR/RID
(reg. 7)
Tanks
Battery vehicles
Battery wagons
MEGCs
UN MEGCs
Pressure drums
Bundles of
cylinders
On or after
1

July 2005

(reg.4)
On or before
30 June 2007

(reg. 6)
In accordance
with ADR/RID

(reg. 7)

For cylinders, tubes and cryo-receptacles constructed after the
30 June 2003 and for tanks, battery vehicles, MEGCs etc,
constructed after the 30 June 2007, only inspection bodies
appointed in accordance with the TPED may carry out
inspections. This also applies to TPE which has been
reassessed. For TPE constructed prior to those dates
requirements specified in RID/ADR apply.
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Bodies seeking to be appointed as a Notified or Approved Body
must first contact the Health and Safety Authority. The process
by which an inspection body is appointed will involve an
assessment by the Irish National Accreditation Board (INAB)
and will be subject to a fee(s). See relevant contact details at
the end of this guidance.



Conformity assessment, reassessment and periodic
inspection performed by inspection bodies.

1. Conformity assessment of new equipment - receptacles
and tanks:

To be performed by a Notified Body in accordance with the
conformity assessment procedures set out in schedule 2 and
specified in schedule 3 of the TPE regulations - TPED Annex IV,
Part I and specified in Annex V.

Valves and accessories not covered by ADR/RID must meet the
requirements of 97/23/EC (Pressure Equipment Directive - PED)
and are subject to category II, III or IV conformity assessment
procedure as laid down in PED (according to whether the tank or
receptacle belongs to category 1, 2, or 3 as laid down in Annex V
of TPED).

TPE which successfully completes conformity assessment is
stamped with a pi mark ().


2. Reassessment of existing equipment:

A unique feature of the TPED is that TPE manufactured and
approved before the TPED came into force may be reassessed
and also given a pi mark provided it complies with the current
requirements of the ADR/RID.

2.1 Receptacles and Tanks

Reassessment is performed by a Notified Body in accordance
with TPED Annex IV, Part II.




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2.2 Receptacles (manufactured in series)

Alternatively, receptacles manufactured in series can be
reassessed by an Approved Body provided that conformity of
the type is reassessed by a Notified Body, in accordance with
TPED Annex IV, Part II.


3. Periodic inspection

3.1 Tanks

May be performed by a Notified Body in accordance with TPED
Annex IV, Part III, module 1.

May be performed by an Approved Body, which has been
notified to the Commission and under the supervision of a
Notified body in accordance with TPED Annex IV, Part III,
module 2.

Periodic inspection by Approved Bodies will no longer be possible
after 1 July 2011 under the revised TPED.

3.2 Receptacles
including cylinders covered by Directives 84/525/EEC,
84/526/EEC and 84/527/EEC

Periodic inspections may be performed by a Notified Body or an
Approved Body (which has been notified to the Commission) in
accordance with TPED Annex IV Part III, module 1. Periodic
inspections may also be performed by other organisations
provided a notified body has approved the quality system and
retains overall responsibility in accordance with TPED Annex IV
Part III, module 2.


4. New TPE - Receptacles only which has been conformity
assessed by a National Approved Body (reg. 5).

The TPED allows Approved Bodies which have been appointed for
the task to undertake the conformity assessment of new
pressure receptacles. Such receptacles cannot be pi marked and
must only be used in the state of approval.

No European State has appointed an Approved Body for this
purpose and this option will be eliminated from the 2011 TPED.


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5. Old TPE, under Article 6.4 of Directive 94/55/EC,
restricted to State use only.

Old TPE (see table below for definition) may only be used
nationally, however it may be carried to another member State
or third country provided it is compliant with ADR and the
restrictions in paragraph 6 are observed. If it is not ADR
compliant, it may still be used, but only in accordance with
national regulations and may not go on ADR journeys.

Cylinders
Tubes
Cryo- receptacles
Placed on market and used
on or before
30 June 2003

Tanks
Battery vehicles
Battery wagons
MEGCs
UN MEGCs
Pressure drums
Bundles of cylinders

Placed on market and used on or
before
30 June 2007


See TPED Guideline 36. Old TPE receptacles (no pi mark, with
ADR/RID approval) may be filled and carried to another country
but cannot be re-filled nor have periodic inspections carried out
in another Member State.


6. Restrictions

Third Country Operations see TPED Guideline 9

TPE used exclusively for the transport of dangerous goods
between the territory of the Community and that of a third non
EU country may continue to be used. The TPE is however
restricted to being filled and carried from an EU Member State to
a third country or filled in a third country and carried and
emptied in an EU Member State. The TPE must be returned to
the country of origin for periodic inspection.

Old receptacles no pi mark and approved according to
RID/ADR see TPED Guideline 36

It is permissible to transport pressure receptacles with out a pi
mark with RID/ADR type approval by a Member State through
out the Community territory. However, the operation is
restricted to that stated above for third country operations.
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While guideline 36 reflects the legal situation that the ADR and
RID (and ICAO and IMDG) do not require member states to
allow the filling of TPE approved in another country, some
competent authorities do allow filling of TPE approved in another
country when the TPE and its contents is to be exported to the
country of approval.


Guideline TPED 9

Question: How to interpret the exclusion of transportable pressure
equipment "used exclusively for the transport of dangerous goods between
Community territory and third country territory" given in Article 1, paragraph
4?

Article: 1.4

Answer: This article was added to clarify that Member States may continue
to transport non pi marked equipment between a Member State and a
country outside the EU as long as it complies with ICAO, IMDG, RID or ADR.
This exclusion is limited to:
- equipment to or from a 3rd country territory which only transits through
Community territory
- equipment filled on the Community territory and send full to a 3rd country
territory
- equipment entering the Community full and emptied in the Community (at
the first destination point)
The transport operation also includes temporary intermediate storage.

Comment:
Note: Question A15 of CENBT/WG83
Accepted by the TDG Expert Group on: 6 March 2002


















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Guideline TPED 36

Question: After the transitional arrangements (Article 18 of the TPED), will it
be possible to carry transportable pressure receptacles without pi mark and
approved according to the RID/ADR by a Member State (of the European
Union), for the transport of dangerous goods within the Community territory?

Article: 1.4

Answer: YES.
After the transitional arrangements (Article 18 of the TPED), it will be
possible to carry transportable pressure receptacles without pi mark and
approved according to the RID/ADR by a Member State (of the European
Union), for the transport of dangerous goods within the Community territory.

Comment: This transport includes emptying operations and does not include
filling operations and periodic inspection in another Member State.

Note: Question proposed by France (CLAP T 32)
Accepted by the TDG Expert Group on: 6 November 2003, with
subsequent modification accepted on 7 December 2004.































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Contacts:

Stephen McGarry
Health and Safety Authority
Metropolitan Building
James Joyce Street
Dublin 1

Tel.: 01 614 7191
Website: www.hsa.ie
e-mail: steve_mcgarry@hsa.ie


Patrick O'Brien
Accreditation Officer
The Irish National Accreditation Board
Wilton Park House
Wilton Place
Dublin 2

Tel.: 01 607 3097
Website: www.inab.ie
e-mail: pat.obrien@inab.ie



Useful web sites:

EC summary on TPED:
http://europa.eu/scadplus/leg/en/lvb/l24176.htm

EC guidance on TPED:
http://ec.europa.eu/transport/tpe/guide_cat_en.html