Colin Pimley – Technical Manager, Lloyd’s Register Verification
Simon Emeny - Manager, Nuclear and Specialist Services, Lloyd's Register Energy
Gopal Nair - Design Appraisal and Technical Manager, Lloyd's Register Energy
For the past several months since publishing our first article on the changes coming to the EU’s Pressure Equipment Directive, we have fielded many questions from clients and those in the industry about what these changes mean.
We thought it would be helpful to summarize some of the more common ones. As always, feel free to send your questions through as well by asking them here. We’ll continue to publish these articles as we receive more questions.
1. Do the PED guidelines still apply to the new PED, or will they also be revised?
It is certainly recognised by the Commission, the Working Party on Guidelines (WPG) and Working Group Pressure (WGP) (who together are responsible for them), that the existing guidelines will all have to be reviewed to see which ones need to be revised to reflect the new PED. The changes required will of course have to be assessed on a case by case basis. They range from simple editorial changes in references from PED 97/23/EC to 2014/68/EU, to those of a more fundamental nature due to changes within the new directive.
There are also some new guidelines that are required. See this document for the guidelines published for the new PED. Given the number of existing guidelines, this review process is a major challenge given the transition timeframe and will therefore require some prioritisation. The first group of guidelines to be revised (some are published already) are those dealing with fluid classification (the CLP alignment) since this is the element of the new PED which is already in force as of 1st June 2015.
2. As a manufacturer of a PED certified product with a technical file, how do we update that in light of the new CLP Regulation?
You should review the fluid(s) that your equipment is designed for to ensure that their group hasn’t changed. The new guideline B-41 will help you understand the way that PED 2014/68/EU Article 13 is implemented.
3. After reviewing the new CLP, nothing has changed for us. Do we need to change anything in our technical file?
You should update your Declaration of Conformity and update your technical file to include a reference to 2014/68/EU Article 13. You should also make a note on the revision history of your technical file that the review has been completed.
4. The CLP Regulations 1272/2008 specify various labels and markings to be applied (such as the explosive symbol). Do we have to apply this to our PED certified product, since it would involve additional work and new nameplates?
No. The manufacturer's responsibility is to apply the CLP purely to determine the fluid group for the purpose of categorising the equipment for the intended use.
5. We don’t want to wait until next July to change our PED type examination certificate to 2014/68/EU. How can we get certified now?
The EU Member States are planning to appoint all Notified Bodies for 2014/68/EU at the same time, and that has not yet happened. Although Lloyd’s Register Verification is ready, we have to wait for the rest of the Member States. As soon as we are notified, certificates can reference the new Directive. However, keep in mind that the new Directive is not in force until July 19th, 2016. In addition, certificates issued for individual pieces of pressure equipment under 97/23/EC will continue to be valid even after 2014/68/EU comes into force.
6. We have a product manufactured prior to July 19, 2016 which is CE marked to 97/23/EC. Does this product require CE marking to the new directive?
The answer depends fundamentally on when the equipment will be ‘placed on the market’:
- if this occurs before July 19, 2016, 97/23/EC applies
- if this occurs on or after July 19, 2016, 2014/68/EU applies
“Placing on the market” means the first making available of a product on the European Union market. This applies only to manufacturers and importers. See Blue Guide section 2.3 for further guidance on ‘placing on the market.'
7. Does the new Directive affect the existing material manufacturer quality certification scheme under Annex I – 4.3?
No. Clause 4.3 of Annex I is the same in both 97/23/EC and 2014/68/EU.
8. As an importer of pressure equipment into the EU, what obligations do we have to comply with?
Your obligations are defined in 2014/68/EU Article 8 and include;
- Ensuring the manufacturer has;
- carried out the appropriate conformity assessment procedure
- drawn up the technical documentation
- affixed the CE marking, if required
- provided instructions and safety information, in an appropriate language
- identified the equipment
- marked the equipment to enable the manufacturer to be identified
- Indicating your name and address on the product or, where this is not possible, on the packaging or other document accompanying
- Carrying out sample testing of pressure equipment and assemblies when deemed appropriate with regard to risks, and keep a register of complaints, non-conforming equipment/assemblies, and recalls
- Keeping a copy of the declaration of conformity for 10 years after the equipment/assembly has been placed on the market
- Providing, in response to a reasoned request, the competent national authorities with all information and documentation necessary to demonstrate the conformity of the pressure equipment or assembly, in a language easily understood by that authority
- Cooperate with the authorities on actions to eliminate any risks posed by such equipment or assemblies they have placed on the market
9. Is it permissible to distribute pressure equipment certified to 97/23/EC in the supply chain after July 19, 2016?
Yes, provided the equipment was placed on the market before July 19, 2016. (This is known as ‘making available on the market’ – see Blue Guide section 2.2 for further guidance).
PED app, flowchart poster updated
Lloyd’s Register Energy’s PED category selection mobile app was recently updated to reflect the June 1st deadline and reference the CLP. We have also expanded the languages in the app to include French, Italian and German. You can email a link to the free app to your mobile device at http://pedapp.lr.org.
Our popular PED Category Selection Flowchart poster, also available for free, has also been updated to reflect the transition period to the new PED. You can download a copy for yourself here.
Lloyd’s Register Energy is currently a Notified Body for PED 97/23/EC, and will be for the 2014/68/EU version as well. Please contact us through the form on this page if you have questions about a specific scenario.
We are continuing to examine the wording of the new PED to fully understand the implications for us as a PED Notified Body as well as for all economic operators. If you’d like to stay up to date on future articles about the changes and how they’re going affect the European pressure equipment market, register to receive updates here. For more information about getting your equipment PED certified, contact your local Lloyd’s Register office.