Information on transportable pressure equipment

Introduction

On 13 March 2020, the European Commission issued a notice on industrial products REV2 which replaces the 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 at the end of the transition period on 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 the end of the transition period (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 will apply in Northern Ireland (referred to as ‘the United Kingdom in respect of Northern Ireland’) at the end of the transition period under the Protocol on Ireland/Northern Ireland. The initial period of application of the Protocol is 4 years after the end of the transition period.

Transportable Pressure Equipment

On 5 June 2020, the European Commission issued a specific notice on transportable pressure equipment REV1 which replaces the previous notice issued in July 2019. It explains the legal position at the end of the transition period 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 the end of the transition period (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 will apply in Northern Ireland regarding TPE at the end of the transition period when the Protocol on Ireland/Northern Ireland comes into effect are explained. The Protocol provides that the TPE Directive applies in Northern Ireland. What this means under the Protocol, is that TPE placed on the market in Northern Ireland will need to comply with the directive.

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).

Article 1(4) of Directive 2010/35/EU (TPE Directive): This Directive shall not apply to transportable pressure equipment used exclusively for the transport of dangerous goods between Member States and third countries, carried out in accordance with Article 4 of Directive 2008/68/EC.
Article 4 of Directive 2008/68/EC (inland transport of dangerous goods): The transport of dangerous goods between Member States and third countries shall be authorised in so far as it complies with the requirements of the ADR, RID and ADN, unless otherwise indicated in the Annexes.

Thus, TPE which complies with the requirements of the ADR (or RID) can normally continue to be accepted, after the transitional period, 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

ADR compliant, non pi marked TPE

Pressure receptacles

Tanks, battery vehicles, multiple element gas containers

Meets the requirements of ADR Chapter 6.2 or ADR transitional measures in ADR 1.6.2Meets the requirements of ADR Chapters 6.7, 6.8 or 6.9, or ADR transitional measures in ADR 1.6.3 and 1.6.4
May be carried for the purposes of periodic inspection by an accredited inspection body (accredited in accordance with ADR Chapter 6.2)May be carried for the purposes of periodic inspection, intermediate inspection and exceptional check by an accredited inspection body
  • 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.
“Carriage” means the change of place of dangerous goods, including stops made necessary by transport conditions and including any period spent by the dangerous goods in vehicles, tanks and containers made necessary by traffic conditions, during and after the change of place.
This definition also covers the intermediate temporary storage of dangerous goods in order to change the mode or means of transport (trans-shipment). This shall apply provided that transport documents showing the place of dispatch and the place of reception are presented on request and provided that packages and tanks are not opened during intermediate storage, except to be checked by the competent authorities.
  • 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 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.

Directive 2008/68/EC, Annex 1, 1.2 Additional Transitional Provisions, paragraph 4: Within its territory each Member State may maintain national provisions other than those laid down in this Directive with regard to the reference temperature for the transport of liquefied gases or mixtures of liquefied gases, until provisions relating to appropriate reference temperatures for designated climatic areas are incorporated into European standards and referred to in Annex I, Section I.1, to this Directive.

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.

Note: Currently in the UK, Annex C tanks are provided for in the ‘Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions’, April 2012. When the UK leaves the EU, Directive 2008/68/EC on the inland transport of dangerous goods will no longer apply in the UK.