European Directives

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With direct links to Department for Business, Energy and Industrial Strategy (BEISS), the British Standards Institution, European Commission and CETOP, the BFPA is well placed to keep abreast of what is happening in Europe and what impact any changes to the European Directives will have within the United Kingdom.

In addition, as a member of the CETOP Technical Commissions, the Association has direct contact with leading manufacturers in the fluid power industry throughout Europe which enables open discussions with the European Commission.

ADR - THE INTERNATIONAL CARRIAGE OF DANGEROUS GOODS BY ROAD

Carriage of accumulators pre-charged with Nitrogen

The European Agreement concerning the ADR was done at Geneva on 30 September 1957 under the auspices of the United Nations Economic Commission for Europe and it entered into force on 29 January 1968.  The Agreement itself was amended by the Protocol amending article 14 (3) done at New York on 21 August 1975 that entered into force on 19 April 1985.

The ADR was restructured between 1992 and 2000 with the first version of the restructured annexes being published as ECE/TRANS/140 Volumes I and II on 1 July 2001.  Corrections are now made every two years with a six-month provisional period between January and July where either version could be used.  The latest version was published as ECE/TRANS/175 Volumes I and II on 1 January 2005.

The ADR was an international Regulation on 10 May 2004, there had been a change to the UK la on existing domestic regulations concerning the carriage of dangerous goods by road and rail and the ADR had been adopted throughout the UK and Europe in line with EC co-operation and harmonisation.

“UN 1066 ‘Nitrogen, compressed’ – class 2: code 1A: labels 2.2 limited quantities LQ1: packing instructions P200: mixed packing provisions MP9: instructions (M)”

“UN 3164 ‘Articles pressurised (pneumatic or hydraulic) containing non-flammable gases’ – class 2: code 6A: labels 2.2: special provisions 283/594: limited quantities LQO: packing instructions P003: mixed packing provisions MP9”

Class 1 = explosives and Class 2 = gasses, UN 3164 with Special provision 594 (ADR exempt) would apply in the same way as fire extinguishers under UN 104.

If UN 1066 was used this would mean Special Provision 283 would apply and ADR Regulations would need to be met.

ATEX - EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES - 2014/34/EU

Published on 29 March 2014 in respect of New Legislative Framework (NLF) alignment directives to create a more coherent legislative framework for the marketing of products.

This Directive defines each of the following product groups:

  • electrical and non-electrical equipment
  • electrical and non-electrical protective systems
  • electrical and non-electrical components
  • electrical and non-electrical safety devices

UK Statutory Instrument (Regulations)

1996 Number 192 The Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres
Northern Ireland

1996 Number 247 The Equipment and Protective Systems Intended for use in Potentially Explosive Atmospheres

2001 Number 3766 The Equipment and Protective Systems (Amendment)

ECO-DESIGN DIRECTIVE - 2009/125/EC

The Eco-design Directive establishes the framework for the setting of eco-design requirements for energy-related products.  The final report of the preparatory study was published during August 2012.  The Study concluded that machine tools and related machinery meet the criteria of Article 15 (2), i.e. that the overall product group presents a significant volume of sales on the market, has a significant environmental impact and energy consumption, and presents a significant potential for improvement.

Impact Assessment Studies have been running since November 2012 carried out by Atkins Institute and Deloittes and are presently looking at four sub-sectors:

  • metal-working machine tools
  • wood-working machine tools
  • welding equipment
  • stone and ceramic working machine tools
EMC - ELECTROMAGNETIC COMPATIBILITY DIRECTIVE - 2014/30/EU

Published on 29 March 2014 in respect of New Legislative Framework (NLF) alignment directives to create a more coherent legislative framework for the marketing of products.

UK Statutory Instrument (Regulations)

2006 Number 3418 The Electromagnetic Compatibility Regulations 2006

Published on 29 March 2014 in respect of New Legislative Framework (NLF) alignment directives to create a more coherent legislative framework for the marketing of products.

UK Statutory Instrument (Regulations)

2006 Number 3418 The Electromagnetic Compatibility Regulations 2006

LVD - LOW VOLTAGE DIRECTIVE – 2014/35/EU

Published on 29 March 2014 in respect of New Legislative Framework (NLF) alignment directives to create a more coherent legislative framework for the marketing of products.

UK Statutory Instrument (Regulations)

 1994 Number 3260 The Electrical Equipment (Safety)

MACHINERY 2006/42/EC

This Directive replaces 98/37/EC and came into force on 29 December 2009.

The Machinery Directive is one of the earliest Directives to emanate from the EU’s long- running programme, a new approach to technical harmonisation and standardisation.  A key part of this has been to regulate machinery within the European Union through the use of CE Marking.

A critical point to note is that it is the manufacturer who is responsible for verifying that a particular product falls within the scope of the Machinery Directive (Article 1).

The letters ‘CE’ on a machine essentially become the manufacturer’s proof that the machine meets the Essential Health and Safety Requirements (EHSRs) of the Machinery Directive, together with other relevant compliance documents such as the Low Voltage Directive 2006/95/EC, Electromagnetic Compatibility Directive 2004/108/EC and Pressure Equipment Directive 97/23/EC.

‘Partly completed machinery’

‘Partly completed machinery’ means an assembly that is almost machinery which in itself cannot perform a specific application.  A drive system is partly completed machinery.  Partly completed machinery is only intended to be incorporated into or assembled with other machinery or other partly completed machinery or equipment, thereby forming machinery to which this Directive applies.

 Essential Health and Safety Requirements

The EHSRs for machinery take into account the potential dangers to system operators and other persons using or affected by the machine and essentially cover:

  • materials used in the construction lighting
  • controls stability
  • fire
  • noise vibration
  • radiation
  • emission of dust, gases et maintenance and documentation

UK Statutory Instrument (Regulations)

2008 Number 1597 The Supply of Machinery (Safety) Regulations

PED - PRESSURE EQUIPMENT DIRECTIVE - 2014/68/EU

The recast PED was published on 27 June 2014 to replace 97/23/EC.  Article 13 (Classification of equipment – alignment with Regulation 1272/2008/EC on CLP) applied from 1 June 2015 and the rest of the Directive is to be implemented by 18 July 2016, and will apply from the following day.

This Directive covers pressure equipment and assemblies with a maximum allowable pressure PS greater than 0.5 bar.  Pressure equipment means vessels, piping, safety accessories and pressure accessories.  Assemblies means several pieces of pressure equipment assembled to form an integrated, functional whole.

UK Statutory Instrument (Regulations)

1999 Number 2001 The Pressure Equipment

2002 Number 1267 The Pressure Equipment (Amendment)

SPVD - SIMPLE PRESSURE VESSELS DIRECTIVE – 2014/29/EU

Published on 29 March 2014 in respect of New Legislative Framework (NLF) alignment directives to create a more coherent legislative framework for the marketing of products.

This Directive covers simple pressure vessels that are intended to contain air or nitrogen at a gauge pressure greater than 0.5 bar but less than or equal to 30 bar and not intended to be exposed to flame.

UK Statutory Instrument (Regulations)

1991 Number 2749 The Simple Pressure Vessels (Safety)

1994 Number 3098 The Simple Pressure Vessels (Safety) (Amendment)

REACH DIRECTIVE - 1907/2006/EC

Regulation 1907/2006/EC provides that substances meeting the criteria for classification as carcinogenic (category 1A or 1B) mutagenic (category 1A or 1B) and toxic for reproduction (category 1A or 1B) in accordance with 1272/2008/EC on classification, labelling and packaging of substances and mixture(s), (amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending 1907/2006/EC), substances that are persistent, bio-accumulative and toxic, substances that are very persistent and very bio-accumulative, and substances for which there is scientific evidence of probable serious effects to human health or the environment give rise to an equivalent level of concern may be subject to authorisation.  Regulation 125/2012/EC of 14 February 2012 amends Annex XIV List of substances subject to authorisation.

Substances of a very high concern will be gradually identified in the ‘candidate list’ and eventually included.  Once included they cannot be placed on the market or used after a date to be set (the so-called sunset date) unless the Company is granted an Authorisation.  Target date for inclusion is February 2015.  The ‘Candidate List’ totals 155 substances (as at 16 June 2014).  This list can be found on European Chemicals Agency website: http://echa.europa.eu/web/guest/candidate-list-table

WEEE DIRECTIVE - 2012/19/EU

Statutory Instruments 2013 No. 3113 Environmental protection – The Waste Electrical and Electronic Equipment Regulations refers.

Under Annex I is a list of categories, one of which is ‘Monitoring and control instruments.’  The transitional period commenced on 13 August 2012 and ends on 14 August 2018.  From 15 August 2018 the Directive will have an ‘open scope’ and all EEE must be placed in one of the six new categories set out in Annex III.  Annex IV contains a non-exhaustive list of EEE which falls within the categories set out in Annex III.

The BIS (Department for Business Innovation and Skills) has published Government Guidance notes and Code of Practice.

CE MARKING

See European Commission’s 6 steps to CE Marking