Statutory Rules of Northern Ireland

(a) road shall ensure that–


(i) he; and

(ii) those of his employees whose responsibilities are concerned with such carriage, except for drivers who are required to receive training in accordance with regulation 24(1),



receive training which complies with, and is documented in accordance with, the requirements in chapter 1.3 and section 8.2.3 of ADR;

(b) rail shall ensure that he and those of his employees whose responsibilities are concerned with such carriage, receive training which complies with, and is documented in accordance with, the requirements in chapter 1.3 of RID.

(a) approval granted, multilateral approval or unilateral approval granted or validated;

(b) appointment made;

(c) matter recognised;

(d) requirement imposed;

(e) notification made;

(f) packing group assigned; or

(g) information provided,

(a) road or by rail in tanks or in bulk and, in the case of carriage by road, on a transport unit registered in Northern Ireland; or

(b) rail in piggyback transport,

and the whole of that carriage operation takes place in Northern Ireland, the loader, filler, consignor and carrier shall comply with the requirements in regulation 20(3) relating to placards, marks or plate markings.

    (2) Where in relation to carriage by rail, the loader, filler, consignor and carrier comply with the requirements in Part II of Schedule 9, then regulation 20(4) and sub-section 5.4.1.1.1(j) of RID shall apply as if they required the EAC to be entered in the transport document instead of the HIN.

(a) for the appointment or the amendment of an appointment as an appointed person in accordance with regulation 29(2);

(b) for the recognition of a standard in accordance with regulation 30(3);

(c) for the appointment or the amendment of an appointment as a notified body or an approved body under regulation 44(2);

(d) for the appointment or the amendment of an appointment as an inspection body under paragraph 3(1)(a) of Schedule 1;

(e) for the approval or amendment of an approval as a person under paragraph 3(2) of Schedule 2; or

(f) for the appointment or the amendment of an appointment as an inspection body under paragraph 4(1)(b) of Schedule 2,

there shall be payable by the applicant in connection with the performance by or on behalf of the Northern Ireland competent authority in respect of its functions in relation to that application the relevant fee referred to in paragraph (3).

    (2) The Northern Ireland competent authority may charge a fee for–

(a) determining the suitability of a body to carry out Northern Ireland competent authority functions; and

(b) the monitoring of such a body.

    (3) The fees referred to in paragraph (1) are–

(a) in respect of sub-paragraph (a), (c), (e) or (f)–


(i) a fee of £305 for processing the application; and

(ii) such fee as is reasonable in light of the actual work performed in respect of the determination of the suitability of the applicant for appointment or the amendment of an existing appointment; and



(b) in respect of sub-paragraphs (b) or (d) such fee as is reasonable in light of the actual work performed.

    (4) A fee which shall be reasonable in light of the actual work performed shall be payable by the relevant notified body, approved body or appointed person in respect of any inspection undertaken by or on behalf of the Northern Ireland competent authority in accordance with regulation 44(5).

    (5) Subject to paragraph (6), where an application has been made to–

(a) a notified body, an approved body, an inspection body or an approved person in accordance with these Regulations; or

(b) an appointed person in compliance with the provisions of ADR or of RID referred to in regulations 21 and 22,

the notified body, the approved body, the inspection body, the approved person or the appointed person may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in regulation 44(3)(c), paragraph 8(3)(c) of Schedule 1 or paragraph 9(3)(c) of Schedule 2 as it may determine.

    (6) The fees referred to in paragraph (5) shall not exceed–

(a) the costs incurred or to be incurred by the notified body, approved body, inspection body, approved person or appointed person in performing the relevant function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to–


(i) the character and extent of the work done or to be done by that body or person on behalf of the applicant; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

    (7) The power in paragraph (4) includes the power to require payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

    (8) Subject to paragraph (10), the fee for the provision of inspection facilities, including the carrying out of an inspection, and the administrative work carried out upon receipt of an application for an ADR certificate in respect of a vehicle shall be £82.

    (9) Subject to paragraph (10), where a vehicle fails to pass an inspection carried out in respect of an application for an ADR certificate, an application for a further inspection shall be treated for the purpose of these Regulations as a separate application for an ADR certificate.

    (10) Where a vehicle fails to pass an inspection and within 21 days thereafter arrangements are made for a further inspection to be carried out within that period, paragraph (9) shall not apply but a further fee of £42 shall be payable in respect of such arrangements.

    (11) The fees paid in pursuance of paragraph (10) or (13) shall be repaid–

(a) if no appointment for an examination of the vehicle is made or the appointment made is subsequently cancelled by the Northern Ireland competent authority;

(b) if the person for whom the appointment is made gives to the Northern Ireland competent authority notice cancelling the appointment of not less than one clear day before the date of the appointment;

(c) if the person for whom the appointment is made keeps the appointment but the examination does not take place, or is not completed, for a reason not specified in Schedule 10; or

(d) if the person for whom the appointment is made satisfies the Northern Ireland competent authority that the vehicle cannot, or, as the case may be, could not, reasonably be presented for examination on the date of the appointment due to exceptional circumstances occurring not more than seven days before the said date and of which notice is given within three days of the occurrence thereof to the Northern Ireland competent authority at the vehicle testing centre where the examination is or, as the case may be, was to be held.

"approved" means approved in writing;

"competent person" means a competent person other than an employee and accordingly any reference to a competent person performing any function includes a reference to his performing it through his employees;

"design standard" means a standard for the design of more than one type of old pressure receptacle;

"examination" means, in respect of an old pressure receptacle, a careful and critical scrutiny of that receptacle in or out of service, as appropriate, using suitable techniques, including testing where appropriate, to assess–

(a) its actual condition; and

(b) whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance work is carried out;

"filling ratio" means the ratio of the volume of the liquid gas in the old pressure receptacle to the total volume of the old pressure receptacle;

"major repair"–

(a) means any repair involving hot work or welding on the body of an old pressure receptacle; and

(b) except in relation to paragraph 7(3)(b), does not include any repair involving heat treatment applied for the purpose of restoring the metallurgical properties of the old pressure receptacle;

"normal maintenance" in head (b) of the definition of "examination" means such maintenance as is reasonable to expect the owner of an old pressure receptacle to ensure is carried out independently of any advice from the approved inspection body or competent person making the examination;

"owner" means in relation to an old pressure receptacle–

(a) the employer or self-employed person who owns it, other than a person who buys it solely to use the dangerous goods in it before selling it back to the supplier; or

(b) where the old pressure receptacle is leased–


(i) the lessee; or

(ii) if the lessee does not have a place of business in Northern Ireland, his agent in Northern Ireland; or

(iii) where sub-head (ii) applies and there is no agent, the user; and

"re-rating" means reassessing the capability of an old pressure receptacle to contain compressed gas safely with a view to improving its capacity by means of an increase in–

(a) the charging pressure; or

(b) in the case of liquefied gas, the filling ratio,

from that originally assessed and marked on the old pressure receptacle at the time of manufacture.

    (2) For the purposes of this Schedule–

(a) dangerous goods shall be deemed to be carried from the time when they are placed on a vehicle or on a wagon for the purpose of carrying them by road or by rail until either–


(i) they are removed from the vehicle or wagon; or

(ii) any old pressure receptacle containing the goods which is on the vehicle or wagon has been cleaned or purged so that any of the goods or their vapour which remain in the old pressure receptacle is not sufficient to create a significant risk to the health or safety of any person, and in either case whether or not the vehicle or wagon is on the road or railway at the material time; and



(b) the carriage of dangerous goods and the consignment of dangerous goods in old pressure receptacles shall be deemed to include the carriage or consignment of uncleaned, empty old pressure receptacles which have contained dangerous goods where those old pressure receptacles still contain sufficient of those dangerous goods, or vapours from them, to create a significant risk to the health and safety of any person.

    (3) Any requirement or prohibition imposed in this Schedule on a person who designs an old pressure receptacle or any article which is intended to be a component part thereof, shall extend only to–

(a) such old pressure receptacle or article designed in the course of a trade, business or some other undertaking carried on by him (whether for profit or not); and

(b) matters within his control.

    (4) This Schedule shall apply to a self-employed person as it applies to an employer and an employee as if that self-employed person were both an employer and an employee.

Duties on those designing, manufacturing, importing, supplying, modifying or repairing old pressure receptacles
     2. –

    (1) Any person who designs, manufactures or supplies any old pressure receptacle or any component part of an old pressure receptacle shall ensure that he complies with sub-paragraph (2).

    (2) The old pressure receptacle or component part shall be–

(a) properly designed and constructed from suitable material, so as to prevent danger;

(b) designed and constructed so that all necessary examinations for preventing danger can be carried out; and

(c) provided with such protective devices as may be necessary for preventing danger and any such device which is designed to release contents shall do so safely insofar as is practicable.

    (3) The employer of a person who modifies or repairs an old pressure receptacle at work shall ensure that nothing about the way in which it is modified or repaired–

(a) gives rise to any danger; or

(b) otherwise impairs the operation of any protective device or inspection facility.

Conformity to approved design standard or specification
     3. –

    (1) No person shall–

(a) supply; or

(b) insofar as is reasonably practicable, fill,

an old pressure receptacle unless the old pressure receptacle has been verified, either by a certificate in writing or by means of stamping on the old pressure receptacle in accordance with sub-paragraph (2), as conforming to a design standard or design specification approved by the Executive.

    (2) An old pressure receptacle shall be verified–

(a) by a person approved by the Executive under this sub-paragraph; or

(b) in accordance with a quality assurance scheme approved by the Executive.

    (3) An application for an approval under sub-paragraph (2)(a) shall be made in accordance with paragraph 9.

    (4) Where a person is approved under sub-paragraph (2)(a), the Executive shall carry out, upon reasonable notice, a surveillance inspection of the person approved at such intervals as the Executive considers appropriate and for that purpose the person approved shall, at his own cost–

(a) afford any copies, facilities and assistance; and

(b) make available any information,

which may be reasonably required by the Executive.

    (5) No person approved by the Executive shall be charged by the Executive for more than one surveillance inspection in any twelve month period.

    (6) In this paragraph, a "surveillance inspection" means–

(a) an inspection of such premises, equipment and documents; and

(b) the making of such enquiries,

as the Executive considers appropriate, for the purpose of verifying compliance by a person approved with any condition specified in the certificate of approval by the Executive.

Examination of old pressure receptacles by competent or approved persons
     4. –

    (1) The owner of an old pressure receptacle shall ensure, for the purpose of determining whether it is safe, that the old pressure receptacle is either–

(a) on or before 1st August 2007, examined by a competent person; or

(b) examined by or under the control of an inspection body approved by the Executive in accordance with paragraph 9,

at the intervals specified in Tables 1 to 3 of Packaging Instruction P200 and Packing Instruction P203 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (2) Where a competent person or an inspection body approved under this paragraph undertakes a proper examination for the purposes of sub-paragraph (1) then that person or body shall, if satisfied that the old pressure receptacle is safe on completing that examination, ensure that marks are affixed to it showing the date of the examination and the identity of the person or body that carried out the examination.

    (3) No person other than–

(a) a competent person;

(b) a person authorised by a competent person;

(c) an inspection body approved under paragraph 9; or

(d) a body under the control of an inspection body,

shall affix to an old pressure receptacle the mark referred to in sub-paragraph (2).

    (4) The mark referred to in sub-paragraph (2) showing the date of the examination shall indicate the date by using two digits representing the year followed by two digits representing the month, separated by an oblique ("/").

Filling of old pressure receptacles
     5. –

    (1) The employer of a person who is to fill an old pressure receptacle at work, shall ensure that the old pressure receptacle is not filled unless the marks on the old pressure receptacle indicate that it–

(a) has been examined in accordance with paragraph 4(1) by a competent person or by an inspection body approved under paragraph 4(1)(b); and

(b) is suitable for containing the goods,

and all other appropriate safety checks have been made.

    (2) The employer of a person who fills an old pressure receptacle at work shall ensure that–

(a) that person checks that–


(i) after filling, it is within its safe operating limits; and

(ii) any valves do not leak;



(b) in the event of overfilling, any excess dangerous goods are removed in a safe manner; and

(c) any old pressure receptacle that leaks after filling is not offered for carriage.

    (3) An employer shall ensure that no person employed by him refills at work a non-refillable old pressure receptacle with dangerous goods.

Approved design specification
     6. –

    (1) The manufacturer, or if he does not have a place of business in Northern Ireland, his agent in Northern Ireland, or if he has no agent, the importer of an old pressure receptacle which–

(a) is made to an approved design specification, shall keep a copy of–


(i) the design specification to which the old pressure receptacle was manufactured; and

(ii) any certificate of conformity issued under paragraph 3(1);



(b) is made to an approved design standard, shall keep a copy of any certificate of conformity issued under paragraph 3(1);

(c) is–



(i) refillable;

(ii) used solely for containing liquefied petroleum gas; and

(iii) has a water capacity up to and including 6á5 litres,



shall keep a copy of the design specification to which the old pressure receptacle was manufactured.

    (2) The owner of an old pressure receptacle used or intended to be used for acetylene shall keep records of the–

(a) tare weight of the old pressure receptacle, including the porous substance and, where relevant, acetone or other solvent;

(b) nature of the solvent; and

(c) maximum pressure allowed in the old pressure receptacle.

Modification, repair and re-rating of old pressure receptacles
     7. –

    (1) Subject to sub-paragraph (2)–

(a) every employer shall ensure that no person employed by him modifies at work the body of an old pressure receptacle, which is used or intended to be used for carriage by road or by rail, and which–


(i) is of seamless construction; or

(ii) has contained acetylene;



(b) every employer shall ensure that no person employed by him modifies at work the body of any type of old pressure receptacle not referred to in paragraph (a), if that modification would put it outside the scope of the design standard or design specification to which it was originally constructed; and

(c) no person shall supply any modified old pressure receptacle for use unless following such modification a person approved under paragraph 3(2)(a) has marked or certified it as being fit for use.

    (2) Sub-paragraph (1) shall not apply in relation to any modification constituting the remaking of a thread if such modification is carried out in accordance with a standard approved by the Executive.

    (3) Every employer shall ensure that no person employed by him carries out at work any major repair on the body of an old pressure receptacle–

(a) of seamless construction; or

(b) which has contained acetylene.

    (4) Every employer shall ensure that no person employed by him carries out at work any major repair on the body of any old pressure receptacle not referred to in sub-paragraph (3) unless he is competent to do so.

    (5) No person shall supply an old pressure receptacle which has undergone a major repair unless following such work a person approved under paragraph 3(2)(a) has marked or certified it as being fit for use.

    (6) Every employer shall ensure that no person employed by him re-rates an old pressure receptacle at work unless he is competent to do so and does so in accordance with suitable written procedures drawn up by the owner of the old pressure receptacle.

    (7) No person shall supply an old pressure receptacle which has been re-rated unless, following the re-rating, a person approved under paragraph 3(2)(a) has certified it as being safe for use.

Additional requirements for old pressure receptacles containing certain dangerous goods not classified as class 2
     8. –

    (1) Subject to sub-paragraph (2), where an old pressure receptacle is used for the carriage of a substance listed in Table 3 of Packaging Instruction P200 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail, the requirements of that Table shall apply in addition to the requirements of this Schedule.

    (2) For the purposes of this paragraph, special packing provision 9(k) of Table 3 of Packaging Instruction P200 in section 4.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail shall not apply to the extent that it limits the capacity of cylinders to a capacity of not more than 85 litres.

Approvals by the Northern Ireland competent authority
     9. –

    (1) The Northern Ireland competent authority may approve such persons as it thinks fit to be inspection bodies for the purpose of this Schedule.

    (2) An application for–

(a) approval as an approved person under paragraph 3(2)(a);

(b) approval as an inspection body under paragraph 4(1)(b); or

(c) for the amendment of an existing appointment,

shall be made to the Northern Ireland competent authority.

    (3) An approval made under this regulation–

(a) by the Northern Ireland competent authority may relate to–


(i) all descriptions of old pressure receptacles; or

(ii) such descriptions of such old pressure receptacles as it may determine;



(b) may be made subject to such conditions as the Northern Ireland competent authority may determine, and such conditions may include conditions which apply upon or following termination of the approval;

(c) shall, without prejudice to the generality of head (b) and subject to sub-paragraph (7), require the inspection body to carry out the procedures and specific tasks for which it has been approved;

(d) shall be terminated upon 90 daysÕ notice in writing to the Northern Ireland competent authority at the request of the inspection body; and

(e) may be terminated if it appears to the Northern Ireland competent authority that any of the conditions of the approval are not being complied with.

    (4) Subject to sub-paragraph (3)(d) and (e), an approval under this regulation may be for the time being or for such period as may be specified in the approval.

    (5) An inspection body appointed by the Northern Ireland competent authority or a person approved by the Northern Ireland competent authority shall be subject to such inspection by or on behalf of the Northern Ireland competent authority as is necessary to ensure compliance with any condition specified in the approval.

    (6) The inspection referred to in sub-paragraph (5) may include the examination of premises, equipment and documents and the inspection body shall provide such facilities, assistance and information as are reasonably required for the purpose of the inspection.

    (7) In respect of an application made to an inspection body in accordance with this Schedule, the inspection body shall not be required to carry out the procedures and tasks referred to in sub-paragraph (3)(c)–

(a) if the documents submitted to it with the application are not in English or another language acceptable to that body;

(b) until the applicant has paid the fee which that body requires pursuant to regulation 50(4); or

(c) if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under this Schedule which are outstanding, it will be unable to commence the required work within three months of receiving the application.

    (8) If for any reason the approval of an inspection body is terminated under this paragraph, the Northern Ireland competent authority may–

(a) give such directions–


(i) to the body whose approval has been terminated; or

(ii) to another inspection body,



for the purpose of making such arrangements for the determination of outstanding applications as it considers appropriate and those directions shall be complied with by the body to whom they are made; and

(b) without prejudice to the generality of head (a), authorise another inspection body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.

Exceptions
     10. –

    (1) This Schedule shall not apply to an old pressure receptacle which–

(a) sub-sections 2.2.7.7.2.2, 3.1.2.6(b), 4.1.1.15, 4.1.2.2(b), 4.1.3.8.1, 4.1.5.15, 4.1.5.18 and 4.1.7.2.2, packing instructions P099 and P101 of section 4.1.4, paragraphs (9)v(a) and (9)ac of packing instruction P200 and paragraph (1) of packing instruction P201 of section 4.1.4, packing instructions IBC99, LP99 and PR6 and paragraph (3)(g) of packing instruction P601 of section 4.1.4, sub-sections 4.2.1.9.4.1, 4.2.1.15.2 and 4.2.3.6.4, portable tank special provisions TP9, TP10, TP16 and TP24 of sub-section 4.2.5.3, sub-sections 4.3.3.2.5, 6.1.5.1.5, 6.1.5.1.10, 6.2.1.1.2, 6.2.1.4.1, 6.2.1.4.2, 6.2.1.4.3, 6.2.1.4.5, 6.2.1.5.2, 6.2.1.6.1, 6.2.1.7.7, 6.2.3.2.2, the note to the first paragraph of section 6.2.5, sub-sections 6.2.5.6.2.1, 6.3.2.7, 6.4.21.1, 6.4.21.3, 6.5.1.1.2, 6.5.1.1.3, 6.5.1.6.4, 6.5.4.2.2, 6.6.1.3, 6.6.5.1.5, 6.6.5.1.8, 6.7.1.2, 6.7.1.3, 6.7.2.1, 6.7.2.2.1, 6.7.2.2.14, 6.7.2.3.1, 6.7.2.3.3.1, 6.7.2.4.3, 6.7.2.8.3, 6.7.2.19.6(b), 6.7.3.2.11, 6.7.3.7.3, 6.7.3.15.6(b), 6.7.4.2.14, 6.7.4.14.6(b), 6.8.2.1.19 and 6.8.2.1.20(a), note 9 to sub-section 6.8.2.4.1, sub-sections 6.8.2.4.2, 6.8.3.2.16, 6.8.3.2.24, special provision TE1 of section 6.8.4(b), special provision TT7 of section 6.8.4(d), sub-sections 6.9.2.5, 6.9.2.13 and 6.9.4.2.4, of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) sub-section 2.2.1.1.3 and special provisions 178, 239 and 266 of chapter 3.3, special provisions 237, 250, 271, 272, 278, 288, 309, sub-paragraph (a) of special provision 636 and special provision 645 of chapter 3.3, paragraph (9)t(a) of packing instruction P200 of section 4.1.4, note c to portable tank instruction T23 of sub-section 4.2.5.2.6, sub-section 5.2.2.1.9 and special provision 181 of chapter 3.3, additional provision CV1(1) of section 7.5.11 and sub-sections 8.2.1.2, 8.2.2.6.1, 8.2.2.6.5 and 8.2.2.6.7 and additional requirements S:1(4)(a), S:8 and S:9 of chapter 8.5 of ADR in relation to carriage by road; and

(c) section 1.7.3, sub-sections 1.7.4.1 and 2.2.1.1.3 and special requirement 178, 239 and 266 of chapter 3.3, sub-section 5.2.2.19 and special requirement 181 of chapter 3.3, special requirements 237, 250, 271, 272, 278, 288, 309, 645 and sub-paragraph (a) of special requirement 636 of chapter 3.3 and sub-sections 6.4.6.4 and 6.4.9.1 of RID in relation to carriage by rail.

     2. Any approval granted by the Northern Ireland competent authority by reference to–

(a) section 1.7.4 of RID shall comply with sub-sections 6.4.23.9, 6.4.23.10, 6.4.23.12 and 6.4.23.13 of RID;

(b) sub-section 8.2.2.6.5 of ADR shall comply with requirements in sub-sections 8.2.2.6.2 and 8.2.2.6.6 of ADR.

(a) unilateral approvals, sub-sections 5.1.5.1.2(d), 6.4.22.1(b), 6.4.22.2 and 6.4.22.5; and

(b) validation of unilateral approvals, sub-section 6.4.22.6,

of RID.

     4. The references referred to in regulation 28(3) in relation to multilateral approvals are sub-sections 1.7.4.2, 5.1.5.2.2, 5.1.5.2.3, 6.4.21.5, 6.4.22.1(a), 6.4.22.2 and 6.4.22.3 to 6.4.22.5 of RID.

     5. –

    (1) Where the Northern Ireland competent authority grants approvals under regulation 28(1) and (3) the approval certificate issued shall comply with the requirements of sub-sections 5.1.5.3.1 and 6.4.23.9 to 6.4.23.14 of RID which are applicable to the design, goods or shipment in question.

    (2) Notwithstanding sub-paragraph (1), where the Northern Ireland competent authority makes an approval as part of a multilateral approval the form of that approval may be as set out in sub-section 6.4.23.16 of RID.

(a) sub-sections 6.2.1.4.1 to 6.2.1.4.3, 6.2.1.6.1, 6.2.5.6.2.4, 6.7.2.6.2, 6.7.2.6.3, 6.7.2.6.4, 6.7.2.7.1, 6.7.2.10.1, 6.7.2.12.2.4, 6.7.2.18.1, 6.7.2.19.5, 6.7.2.19.9, 6.7.2.19.10, 6.7.3.3.3.1, 6.7.3.8.1.2, 6.7.3.14.1, 6.7.3.15.3, 6.7.3.15.5, 6.7.3.15.9, 6.7.3.15.10, 6.7.4.3.3.1, 6.7.4.5.10, 6.7.4.6.4, 6.7.4.13.1, 6.7.4.14.3, 6.7.4.14.10, 6.7.4.14.11, 6.7.5.11.1, 6.7.5.12.3, 6.8.2.1.16, 6.8.2.2.2, 6.8.2.3.1, 6.8.2.4.5, 6.8.3.4.4, 6.8.3.4.6(b), 6.8.3.4.8, 6.8.3.4.12, 6.8.3.4.16, special provision TT2 of section 6.8.4(d), sub-sections 6.9.4.4.1 and 6.9.5.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) note a to sub-section 7.5.2.2 of ADR in relation to carriage by road; and

(c) note 1/ to sub-section 7.5.2.2 of RID in relation to carriage by rail.

(a) section 1.7.3, sub-sections 2.2.2.1.5, 4.2.3.7.1, 6.1.1.2, 6.1.1.4, 6.1.4.8.8, 6.1.4.13.7 and 6.1.5.2.5, section 6.2.3, sub-sections 6.2.5.6.3.2, 6.4.9.2, 6.5.1.6.1, 6.5.4.3.4, 6.6.1.2, 6.6.1.3, 6.7.2.2.1, 6.7.3.2.1, 6.7.4.2.1, 6.7.4.2.8.1, 6.7.4.2.8.2, 6.7.4.7.4, 6.7.5.2.9, 6.8.2.1.4, 6.8.2.1.23, 6.8.2.7, 6.8.3.7 and special provision TA2 of sub-section (c) of section 6.8.4, sub-sections 6.9.1.1, 6.9.2.14.4 and 6.9.2.14.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) special provision 239, sub-paragraph (d) of special provision 283, sub-paragraph (a) of special provision 636 of chapter 3.3 and paragraph (9)t(b) and (9)v(b) of packing instruction P200 of section 4.1.4, special provision VV12 of section 7.3.3 and paragraph 8.1.4.4 of ADR in relation to carriage by road; and

(c) special requirement 239, sub-paragraph (d) of special requirement 283 and sub-paragraph (a) of special requirement 636 of chapter 3.3, paragraph (9)v(b) of packing instruction P200 of section 4.1.4 and paragraph 6.4.7.6 and special provision VW13 of section 7.3.3 of RID in relation to carriage by rail.

     8. Where the Northern Ireland competent authority recognises a quality assurance programme by reference to sub-section–

(a) 6.1.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to plastics drums or jerricans where recycled plastics material is used, it shall only do so if that programme complies with the requirements for the quality assurance programme in question referred to in sub-section 6.1.4.8.8 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) 6.1.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to plastics boxes where recycled plastics material is used, it shall only do so if that programme complies with any relevant requirements for the quality assurance programme in question referred to in sub-section 6.1.4.13.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(a) sub-sections 2.2.62.1.5, 2.2.62.1.7(b) and (c), 2.2.9.1.12, paragraph (2)(b) of packing instruction P405, paragraph (8) of packing instruction P203, packing instructions P902 and LP902, paragraph 1(b) of packing instruction P905 of section 4.1.4, sub-sections 4.1.7.2.2 and 4.2.1.13.3, special provision TP23 of sub-section 4.2.5.3, sub-sections 5.2.1.7.4(c), 5.2.1.7.5(a), 5.5.1.3, 6.1.3.1(g), 6.1.5.1.3, 6.1.5.1.1, 6.2.5.1.2, 6.3.1.1(f), 6.5.2.1.1(f), 6.5.4.1.1, 6.5.4.2.1, 6.5.4.14.1, 6.6.3.1(f), 6.6.5.1.1, 6.6.5.1.3, 6.7.5.4.1 and 6.7.5.4.3, special provision TA2 of paragraph (c) of section 6.8.4 and sub-section 6.8.5.2.2, of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) special provision 16 of chapter 3.3 and sub-section 2.2.1.1.3, special provisions 237, 239 and sub-paragraph (a) of special provision 636 of chapter 3.3 and sub-section 7.5.1.4 of ADR in relation to carriage by road; and

(c) special requirement 16 of chapter 3.3 and sub-section 2.2.1.1.3, special requirements 237, 239 and sub-paragraph (a) of special requirement 636 of chapter 3.3, paragraphs (3)(3.2), (5)(5.1) and (6) of additional provision CW33 of section 7.5.11 and sub-section 6.4.11.6 of RID in relation to carriage by rail.

     10. –

    (1) Where the Northern Ireland competent authority imposes requirements by reference to–

(a) sub-section 6.1.3.1(g) of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall do so in accordance with sub-section 6.1.3.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail;

(b) sub-section 6.5.2.1.1(f) of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall do so in accordance with sub-section 6.5.2.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (2) Where the Northern Ireland competent authority imposes requirements by reference to sub-sections 6.1.5.1.1, 6.5.4.1.1 or 6.6.5.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail, it shall also approve the procedures required by it in accordance with the paragraph by reference to which the requirement is imposed.

– a general description of the transportable pressure equipment,

– conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

– descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the transportable pressure equipment,

– a description of the solutions adopted to meet the requirements of Part IV of these Regulations,

– results of the design calculations, examinations carried out, etc.,

– test reports.

     4. The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity with the technical documentation.

     5. The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured transportable pressure equipment to comply with the technical documentation referred to in paragraph 2 and with the relevant requirements of Part IV of these Regulations.

Module A1—internal manufacturing checks with monitoring of the final assessment
In addition to the requirements of module A, the following applies.

Final assessment must be performed by the manufacturer and monitored by means of unexpected visits by a notified body chosen by the manufacturer.

During such visits, the notified body must:

– ensure that the manufacturer actually performs final assessment,

– take samples of transportable pressure equipment at the manufacturing or storage premises in order to conduct checks. The notified body assesses the number of items of equipment to sample and whether it is necessary to perform, or have performed, all or part of the final assessment of the equipment samples.

Should one or more of the items of transportable pressure equipment not conform, the notified body must take appropriate measures.

On the responsibility of the notified body, the manufacturer must affix that bodyÕs identification number to each item of transportable pressure equipment.

Module B—EC type-examination
     1. This module describes the part of the procedure by which a notified body ascertains and attests that a representative example of the production envisaged meets the relevant requirements of Part IV of these Regulations.

     2. The application of EC type-examination must be lodged by the manufacturer or by his authorised representative established within the Community with a single notified body of his choice.

The application must include:

– the name and address of the manufacturer and, if the application is lodged by the authorised representative established within the Community, his name and address as well,

– a written declaration that the same application has not been lodged with any other notified body,

– the technical documentation described in paragraph 3.

The applicant must place at the disposal of the notified body a representative example of the production envisaged, hereinafter called "type". The notified body may request further examples should the test programme so require.

A type may cover several versions of transportable pressure equipment provided that the differences between the versions do not affect the level of safety.

     3. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

– a general description of the type,

– conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

– descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the transportable pressure equipment,

– a description of the solutions adopted to meet the essential requirements of Part IV of these Regulations,

– results of the design calculations made, examinations carried out, etc.,

– test reports,

– information concerning the tests provided for in manufacture,

– information concerning the qualifications or approvals.

     4. The notified body must:

     4.1 examine the technical documentation, verify that the type has been manufactured in conformity with it and identify the components designed in accordance with the relevant provisions of Part IV of these Regulations and in particular:

– examine the technical documentation with respect to the design and the manufacturing procedures,

– assess the materials used where these are not in conformity with the relevant provisions of the Directive and check the certificate issued by the materials manufacturer,

– approve the procedures for the permanent joining of pressure equipment parts or check that they have been previously approved,

– verify that the staff undertaking the permanent joining of pressure equipment parts and the non-destructive tests are qualified or approved;

     4.2 perform or have performed the appropriate examinations and necessary tests to establish whether the solutions adopted by the manufacturer meet the relevant requirements of Part IV of these Regulations;

     4.3 perform or have performed the appropriate examinations and necessary tests to establish whether the relevant provisions of Part IV of these Regulations have been applied;

     4.4 agree with the applicant the location where the examinations and necessary tests are to be carried out.

     5. Where the type satisfies the relevant provisions of Part IV of these Regulations, the notified body must issue an EC type-examination certificate to the applicant. The certificate, which should be valid for ten years and be renewable, must contain the name and address of the manufacturer, the conclusions of the examination and the necessary data for identification of the approved type.

A list of the relevant parts of the technical documentation must be annexed to the certificate and a copy kept by the notified body.

If the notified body refuses to issue an EC type-examination certificate to the manufacturer or to his authorised representative established within the Community, that body must provide detailed reasons for such refusal. Provision must be made for an appeals procedure.

     6. The applicant must inform the notified body that holds the technical documentation concerning the EC type-examination certificate of all modifications to the approved transportable pressure equipment; these are subject to additional approval where they may affect conformity with the relevant requirements of Part IV of these Regulations or the prescribed conditions for use of the equipment. This additional approval must be given in the form of an addition to the original EC type-examination certificate.

     7. Each notified body must communicate to the member States, the relevant information concerning EC type-examination certificates which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the EC type-examination certificates it has withdrawn or refused.

     8. The other notified bodies may receive copies of the EC type-examination certificates and/or their additions. The annexes to the certificates must be held at the disposal of the other notified bodies.

     9. The manufacturer, or his authorised representative established within the Community, must keep with the technical documentation copies of the EC type-examination certificates and their additions for a period of ten years after the last of the transportable pressure equipment has been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the market.

Module B1—EC design examination
     1. This module describes the part of the procedure whereby a notified body ascertains and attests that the design of an item of transportable pressure equipment meets the relevant provisions of Part IV of these Regulations.

     2. The manufacturer, or his authorised representative established within the Community, must lodge an application for EC design examination with a single notified body.

The application must include:

– the name and address of the manufacturer and, if the application is lodged by the authorised representative established within the Community, his name and address as well,

– a written declaration that the same application has not been lodged with any other notified body,

– the technical documentation described in paragraph 3.

The application may cover several versions of the transportable pressure equipment provided that the differences between the versions do not affect the level of safety.

     3. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

– a general description of the equipment in question,

– conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

– descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

– a description of the solutions adopted to meet the relevant requirements of Part IV of these Regulations,

– the necessary supporting evidence for the adequacy of the design solution; this supporting evidence must include the results of tests carried out by the appropriate laboratory of the manufacturer or on his behalf,

– results of the design calculations made, examinations carried out, etc.,

– information regarding qualifications or approvals.

     4. The notified body must:

     4.1 examine the technical documentation and identify components which have been designed in accordance with the relevant provisions of Part IV of these Regulations and in particular must:

– assess the materials used where these are not in conformity with the relevant provisions of Part IV of these Regulations,

– approve the procedures for the permanent joining of pressure equipment parts or check that they have been previously approved,

– verify that the staff undertaking the permanent joining of pressure equipment parts and the non-destructive tests are qualified or approved;

     4.2 perform the necessary examinations to establish whether the solutions adopted by the manufacturer meet the relevant requirements of Part IV of these Regulations;

     4.3 perform the necessary examinations to establish whether the relevant provisions of these Regulations have actually been applied.

     5. Where the design meets the relevant provisions of Part IV of these Regulations, the notified body must issue an EC design-examination certificate to the applicant. The certificate must contain the name and address of the applicant, the conclusions of the examination, conditions for its validity and the necessary data for identification of the approved design.

A list of the relevant parts of the technical documentation must be annexed to the certificate and a copy kept by the notified body.

If the notified body refuses to issue an EC design-examination certificate to the manufacturer or to his authorised representative established within the Community, that body must provide detailed reasons for such refusal. Provision must be made for an appeals procedure.

     6. The applicant must inform the notified body that holds the technical documentation concerning the EC design-examination certificate of all modifications to the approved design; these are subject to additional approval where they may affect conformity with the relevant requirements of Part IV of these Regulations or the prescribed conditions for use of the equipment. This additional approval must be given in the form of an addition to the original EC design-examination certificate.

     7. Each notified body must communicate to the member States the relevant information concerning the EC design-examination certificates which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the EC design-examination certificates it has withdrawn or refused.

     8. The other notified bodies may on request obtain the relevant information concerning:

– the EC design-examination certificates and additions granted,

– the EC design-examination certificates and additions withdrawn.

     9. The manufacturer, or his authorised representative established within the Community, must keep with the technical documentation referred to in paragraph 3 copies of EC design-examination certificates and their additions for a period of ten years after the last of the transportable pressure equipment has been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the product on the market.

Module C1—conformity to type
     1. This module describes that part of the procedure whereby the manufacturer, or his authorised representative established within the Community, ensures and declares that transportable pressure equipment is in conformity with the type described in the EC type-examination certificate and satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity.

     2. The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured transportable pressure equipment to comply with the type as described in the EC type-examination certificate and with the relevant requirements of Part IV of these Regulations.

     3. The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity for a period of ten years after the last of the transportable pressure equipment has been manufactured.

Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the transportable pressure equipment on the market.

     4. Final assessment must be subject to monitoring in the form of unexpected visits by a notified body chosen by the manufacturer.

     5. During such visits, the notified body must:

– ensure that the manufacturer actually performs final assessment,

– take samples of transportable pressure equipment at the manufacturing or storage premises in order to conduct checks. The notified body assesses the number of items of equipment to sample and whether it is necessary to perform, or have performed, all or part of the final assessment of the equipment samples.

Should one or more of the items of transportable pressure equipment not conform, the notified body must take appropriate measures.

On the responsibility of the notified body, the manufacturer must affix that bodyÕs identification number to each item of transportable pressure equipment.

Module D—production quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure equipment concerned is in conformity with the type described in the EC type-examination certificate or EC design-examination certificate and satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 4.

     2. The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

     3. Quality system

     3.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice and the application must include:

– all relevant information on the transportable pressure equipment concerned,

– the documentation concerning the quality system,

– the technical documentation of the approved type and a copy of the EC type-examination certificate or EC design-examination certificate.

     3.2 The quality system must ensure compliance of the transportable pressure equipment with the type described in the EC type-examination certificate or EC design-examination certificate and with the relevant requirements of Part IV of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

– the quality objectives and organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

– the manufacturing, quality control and quality assurance techniques, processes and systematic measures that will be used, particularly the procedures used,

– the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned,

– the means of monitoring the achievement of the required quality and the effective operation of the quality system.

     3.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturerÕs premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     3.4 The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     4. Surveillance under the responsibility of the notified body

     4.1 The purpose of the surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     4.2 The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

– the quality system documentation,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

     4.3 The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that full reassessment is carried out every three years.

     4.4 In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

– the category of the equipment,

– the results of previous surveillance visits,

– the need to follow up corrective action,

– where applicable, special conditions linked to the approval of the system,

– significant changes in manufacturing organisations, policy or techniques.

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     5. The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the Northern Ireland competent authority:

– the documentation referred to in the second indent of paragraph 3.1,

– the adjustments referred to in the second paragraph of 3.4,

– the decisions and reports from the notified body which are referred to in the last paragraph of 3.3, in the last paragraph of 3.4, and in paragraphs 4.3 and 4.4.

     6. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module D1—production quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 3 ensures and declares that the items of transportable pressure equipment concerned satisfy the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 5.

     2. The manufacturer must draw up the technical documentation described below. The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

– a general description of the equipment in question,

– conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

– descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

– a description of the solutions adopted to meet the relevant requirements of Part IV of these Regulations,

– results of the design calculations made, examinations carried out, etc.,

– test reports.

     3. The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 4 and be subject to surveillance as specified in paragraph 5.

     4. Quality system


     4.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

– all relevant information on the transportable pressure equipment concerned,

– the documentation concerning the quality system.

     4.2 The quality system must ensure compliance of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

– the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

– the manufacturing, quality control and quality assurance techniques, processes and systematic measures that will be used,

– the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned,

– the means of monitoring the achievement of the required quality and the effective operation of the quality system.

     4.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 4.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturerÕs premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     4.4 The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 4.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     5. Surveillance under the responsibility of the notified body


     5.1 The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     5.2 The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

– the quality system documentation,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

     5.3 The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     5.4 In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

– the category of the equipment,

– the results of previous surveillance visits,

– the need to follow up corrective action,

– where applicable, special conditions linked to the approval of the system,

– significant changes in manufacturing organisation, policy or techniques.

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     6. The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the Northern Ireland competent authority:

– the documentation referred to in paragraph 2,

– the documentation referred to in the second indent of paragraph 4.1,

– the adjustments referred to in the second sub-paragraph of paragraph 4.4,

– the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 4.3, in the last sub-paragraph of paragraph 4.4 and in paragraphs 5.3 and 5.4.

     7. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module E—product quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the item of transportable pressure equipment is in conformity with the type as described in the EC type-examination certificate and satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each product and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for Community surveillance as specified in paragraph 4.

     2. The manufacturer must operate an approved quality system for production, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

     3. Quality system


     3.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

– all relevant information on the transportable pressure equipment concerned,

– the documentation concerning the quality system,

– the technical documentation for the approved type and a copy of the EC type-examination certificate.

     3.2 Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of Part IV of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

– the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

– the examinations and tests to be carried out after manufacture,

– the means of monitoring the effective operation of the quality system,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned.

     3.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturerÕs premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     3.4 The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     4. Surveillance under the responsibility of the notified body


     4.1 The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     4.2 The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

– the quality system documentation,

– the technical documentation,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

     4.3 The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     4.4 In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

– the category of the equipment,

– the results of previous surveillance visits,

– the need to follow up corrective action,

– where applicable, special conditions linked to the approval of the system,

– significant changes in manufacturing organisation, policy or techniques.

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     5. The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the Northern Ireland competent authority:

– the documentation referred to in the second indent of the second sub-paragraph of paragraph 3.1,

– the adjustments referred to in the second sub-paragraph of paragraph 3.4,

– the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 3.3, in the last sub-paragraph of paragraph 3.4, and in paragraphs 4.3 and 4.4.

     6. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module E1—production quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 3 ensures and declares that the transportable pressure equipment satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each item of transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 5.

     2. The manufacturer must draw up the technical documentation described below.

The technical documentation must enable an assessment to be made of the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations. It must, as far as is relevant for such assessment, cover the design, manufacture and operation of the transportable pressure equipment and contain:

– a general description of the equipment in question,

– conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

– descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

– a description of the solutions adopted to meet the requirements of Part IV of these Regulations,

– results of the design calculations made, examinations carried out, etc.,

– test reports.

     3. The manufacturer must operate an approved quality system for the final transportable pressure equipment inspection and testing as specified in paragraph 4 and be subject to surveillance as specified in paragraph 5.

     4. Quality system


     4.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

– all relevant information on the transportable pressure equipment concerned,

– the documentation concerning the quality system.

     4.2 Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements of Part IV of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

– the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

– the procedures used for the joining of parts,

– the examinations and tests to be carried out after manufacture,

– the means of monitoring the effective operation of the quality system,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the staff concerned.

     4.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 4.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturerÕs premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     4.4 The manufacturer must undertake to discharge the obligations arising from the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body which has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 4.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     5. Surveillance under the responsibility of the notified body


     5.1 The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     5.2 The manufacturer must allow the notified body access for inspection purposes to the locations of manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

– the quality system documentation,

– the technical documentation,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications of the personnel concerned, etc.

     5.3 The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     5.4 In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

– the category of the equipment,

– the results of previous surveillance visits,

– the need to follow up corrective action,

– where applicable, special conditions linked to the approval of the system,

– significant changes in manufacturing organisation, policy or techniques.

During such visits the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     6. The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, hold at the disposal of the Northern Ireland competent authority:

– the documentation referred to in paragraph 2,

– the documentation referred to in the second indent of paragraph 4.1,

– the adjustments referred to in the second sub-paragraph of paragraph 4.4,

– the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 4.3, in the last sub-paragraph of paragraph 4.4, and in paragraphs 5.3 and 5.4.

     7. Each notified body must communicate to the member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module F—product verification
     1. This module describes the procedure whereby a manufacturer, or his authorised representative established within the Community, ensures and declares that the transportable pressure equipment subject to the provisions of paragraph 3 is in conformity with the type described:

– in the EC type-examination certificate, or

– in the EC design-examination certificate,

and satisfies the relevant requirements of Part IV of these Regulations.

     2. The manufacturer must take all measures necessary to ensure that the manufacturing process requires the transportable pressure equipment to comply with the type described:

– in the EC type-examination certificate, or

– in the EC design-examination certificate,

and with the relevant requirements of Part IV of these Regulations.

The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to all transportable pressure equipment and draw up a declaration of conformity.

     3. The notified body must perform the appropriate examinations and tests in order to check the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations by examining and testing every product in accordance with paragraph 4.

The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity for a period of ten years after the last of the transportable pressure equipment has been manufactured.

     4. Verification by examination and testing of each item of transportable pressure equipment


     4.1 Each item of transportable pressure equipment must be individually examined and must undergo appropriate examinations and tests in order to verify that it conforms to the type and the relevant requirements of Part IV of these Regulations.

In particular, the notified body must:

– verify that the personnel undertaking the permanent joining of parts and the non-destructive tests are qualified or approved,

– check the certificate issued by the materials manufacturer,

– carry out the final inspection and proof test or have them carried out and, where appropriate, examine the safety devices.

     4.2 The notified body must affix its identification number or have it affixed to each item of transportable pressure equipment and draw up a written certificate of conformity relating to the tests carried out.

     4.3 The manufacturer, or his authorised representative established within the Community, must ensure that the certificates of conformity issued by the notified body can be made available on request.

Module G—EC unit verification
     1. This module describes the procedure whereby the manufacturer ensures and declares that transportable pressure equipment which has been issued with the certificate referred to in paragraph 4.1 satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to the equipment and draw up a declaration of conformity.

     2. The manufacturer must apply to a notified body of his choice for unit verification. The application must contain:

– the name and address of the manufacturer and the location of the transportable pressure equipment,

– a written declaration to the effect that a similar application has not been lodged with another notified body,

– technical documentation.

     3. The technical documentation must enable the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations to be assessed and the design, manufacture and operation of the transportable pressure equipment to be understood.

The technical documentation must contain:

– a general description of the equipment in question,

– conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits etc.,

– descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the equipment,

– results of design calculations made, examinations carried out, etc.,

– test reports,

– appropriate details relating to the approval of the manufacturing and test procedures and of the qualifications or approvals of the staff concerned.

     4. The notified body must examine the design and construction of each item of transportable pressure equipment and during manufacture perform appropriate tests to ensure its conformity with the relevant requirements of Part IV of these Regulations.

     4.1 The notified body must affix its identification number or have it affixed to the transportable pressure equipment and draw up a certificate of conformity for the tests carried out. This certificate must be kept for a period of ten years.

     4.2 The manufacturer, or his authorised representative established within the Community, must ensure that the declaration of conformity and certificate of conformity issued by the notified body can be made available on request.

In particular, the notified body must:

– examine the technical documentation with respect to the design and the manufacturing procedures,

– assess the materials used where these are not in conformity with the relevant provisions of Part IV of these Regulations and check the certificate issued by the materials manufacturer,

– approve the procedures for the permanent joining of pressure equipment parts,

– verify the qualifications or approvals required,

– perform the final inspection, perform the proof test or have it performed and examine the safety devices if applicable.

Module H—full quality assurance
     1. This module describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 2 ensures and declares that the transportable pressure equipment in question satisfies the relevant requirements of Part IV of these Regulations. The manufacturer, or his authorised representative established within the Community, must affix the conformity marking to each item of transportable pressure equipment and draw up a written declaration of conformity. The conformity marking must be accompanied by the identification number of the notified body responsible for the surveillance referred to in paragraph 4.

     2. The manufacturer must implement an approved quality system for design, manufacture, final inspection and testing as specified in paragraph 3 and be subject to surveillance as specified in paragraph 4.

     3. Quality system

     3.1 The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice.

The application must include:

    – all relevant information concerning the transportable pressure equipment in question,

    – the documentation concerning the quality system.

     3.2 The quality system must ensure compliance of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the procedural and quality measures such as programmes, plans, manuals and records.

It must contain in particular an adequate description of:

– the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the design and to product quality,

– the technical design specifications, including standards, that will be applied,

– the design control and design verification techniques, processes and systematic measures that will be used when designing the transportable pressure equipment,

– the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic measures that will be used,

– the examinations and tests to be carried out before, during and after manufacture, and the frequency with which they will be carried out,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the personnel concerned,

– the means of monitoring the achievement of the required transportable pressure equipment design and quality and the effective operation of the quality system.

     3.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the manufacturerÕs premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision. Provision must be made for an appeals procedure.

     3.4 The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient.

The manufacturer, or his authorised representative established within the Community, must inform the notified body that has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     4. Surveillance under the responsibility of the notified body


     4.1 The purpose of this surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

     4.2 The manufacturer must allow the notified body access for inspection purposes to the locations of design, manufacture, inspection, testing and storage and provide it with all necessary information, in particular:

– the quality system documentation,

– the quality records provided for in the design part of the quality system, such as results of analyses, calculations, tests, etc.,

– the quality records provided for in the manufacturing part of the quality system, such as inspection reports and test data, calibration data, reports concerning the qualifications of the staff concerned, etc.

     4.3 The notified body must carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and provides the manufacturer with an audit report. The frequency of periodic audits must be such that a full reassessment is carried out every three years.

     4.4 In addition, the notified body may pay unexpected visits to the manufacturer. The need for such additional visits, and the frequency thereof, will be determined on the basis of a visit control system operated by the notified body. In particular, the following factors must be considered in the visit control system:

– the category of the equipment,

– the results of previous surveillance visits,

– the need to follow up corrective action,

– where applicable, special conditions linked to the approval of the system,

– significant changes in manufacturing organisation, policy or techniques.

During such visits, the notified body may, if necessary, carry out tests, or have them carried out, to verify that the quality system is functioning correctly. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

     5. The manufacturer must, for a period of ten years after the last of the transportable pressure equipment has been manufactured, keep at the disposal of the Northern Ireland competent authority:

– the documentation referred to in the second sub-paragraph of paragraph 3.1,

– the adjustments referred to in the second sub-paragraph of paragraph 3.4,

– the decisions and reports from the notified body which are referred to in the last sub-paragraph of paragraph 3.3, in the last sub-paragraph of paragraph 3.4, and in paragraphs 4.3 and 4.4.

     6. Each notified body must communicate to the other member States the relevant information concerning the quality system approvals which it has withdrawn, and, on request, those it has issued.

Each notified body must also communicate to the other notified bodies the relevant information concerning the quality system approvals it has withdrawn or refused.

Module H1—full quality assurance with design examination and special surveillance of the final test
     1. In addition to the requirements of module H, the following apply:

(a) the manufacturer must lodge an application for examination of the design with the notified body;

(b) the application must enable the design, manufacture and operation of the transportable pressure equipment to be understood, and enable conformity with the relevant requirements of Part IV of these Regulations to be assessed.

     It must include:

– the technical design specifications, including standards, which have been applied,

– the necessary supporting evidence for their adequacy. This supporting evidence must include the results of tests carried out by the appropriate laboratory of the manufacturer or on his behalf;

(c) the notified body must examine the application and where the design meets the relevant requirements of Part IV of these Regulations issue an EC design-examination certificate to the applicant. The certificate must contain the conclusions of the examination, the conditions for its validity, the necessary data for identification of the approved design and, if relevant, a description of the functioning of the transportable pressure equipment;

(d) the applicant must inform the notified body that has issued the EC design-examination certificate of all modifications to the approved design. Modifications to the approved design must receive additional approval from the notified body that issued the EC design-examination certificate where they may affect conformity with the relevant requirements of Part IV of these Regulations or the prescribed conditions for use of the transportable pressure equipment. This additional approval must be given in the form of an addition to the original EC design-examination certificate;

(e) each notified body must also communicate to the other notified bodies the relevant information concerning the EC design-examination certificates it has withdrawn or refused.

     2. Final assessment is subject to increased surveillance in the form of unexpected visits by the notified body. In the course of such visits, the notified body must conduct examinations on the transportable pressure equipment.

– the transportable pressure equipment is used as intended,

– it is filled in appropriate filling centres,

– any maintenance work or repairs are carried out,

– the periodic inspections necessary are carried out.

The measures carried out must be recorded in documents and held at the disposal of the Northern Ireland competent authority by the owner or his authorised representative established in the Community.

     3. The notified body or approved body must perform the appropriate examinations and tests in order to check the conformity of the transportable pressure equipment with the relevant requirements of Part IV of these Regulations by examining and testing every product.

     3.1 All transportable pressure equipment must be examined individually and appropriate tests as required pursuant to Part IV of these Regulations, must be carried out in order to check that it meets the relevant requirements of that Part.

     3.2 The notified body or approved body must affix, or have affixed, its identification number to each product being periodically inspected immediately after the date of the periodic inspection and draw up a written periodic inspection certificate. That certificate may cover a number of items of equipment.

     3.3 The owner or his authorised representative established in the Community must keep the periodic inspection certificate required under paragraph 3.2, and the documents required under paragraph 2 at least until the next periodic inspection.

Module 2—periodic inspection through quality assurance
     1. This module describes the following procedures:

– the procedure whereby the owner or his authorised representative established in the Community, who satisfies the obligations of paragraph 2, ensures and declares that the transportable pressure equipment continues to meet the relevant requirements of Part IV of these Regulations. The owner or his authorised representative established in the Community must affix the date of the periodic inspection to all transportable pressure equipment and draw up a written declaration of conformity. The date of the periodic inspection must be accompanied by the identification number of the notified body responsible for surveillance as specified in paragraph 4;

– the procedure whereby, in the case of the periodic inspection of tanks performed by the approved body in accordance with regulation 43(1)(iii), the approved body which satisfies the obligations of the last sub-paragraph of paragraph 2, certifies that the transportable pressure equipment continues to meet the relevant requirements of Part IV of these Regulations. The approved body must affix the date of the periodic inspection to all transportable pressure equipment and draw up a periodic inspection certificate.

The date of periodic inspection must be accompanied by the identification number of the approved body.

     2. The owner or his authorised representative established within the Community must take all steps necessary to ensure that the conditions of use and of maintenance are such as to enable the transportable pressure equipment to comply permanently with the relevant requirements of Part IV of these Regulations and in particular that:

– the transportable pressure equipment is used as intended,

– it is filled in appropriate filling centres,

– any maintenance work or repairs are carried out,

– the periodic inspections necessary are carried out.

The measures carried out must be recorded in documents and held by the owner or his authorised representative established in the Community at the disposal of the Northern Ireland competent authority.

The owner or his authorised representative established within the Community must ensure that the qualified staff and necessary facilities are available for the purpose of the periodic inspections.

The owner or his authorised representative established in the Community must operate an approved quality system for the periodic inspection and tests of the equipment as specified in paragraph 3, and be subject to surveillance as specified in paragraph 4.

     3. Quality system


     3.1 The owner or his authorised representative established in the Community or the approved body must lodge an application for assessment of his quality system for the transportable pressure equipment with a notified body of his choice.

The application must include:

– all relevant information on the transportable pressure equipment being submitted for periodic inspection,

– the documentation regarding the quality system.

     3.2 Under the quality system, each item of transportable pressure equipment must be examined and appropriate tests must be carried out in order to ensure its conformity with the relevant requirements referred to in Part IV of these Regulations. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must contain in particular an adequate description of:

– the quality objectives and the organisational structure, responsibilities and powers of the management with regard to the quality of the transportable pressure equipment,

– the examinations and tests to be carried out for the periodic inspection,

– the means of monitoring the effective operation of the quality system,

– the quality records, such as inspection reports and test data, calibration data, reports concerning the qualifications or approvals of the staff concerned.

     3.3 The notified body must assess the quality system to determine whether it satisfies the requirements referred to in paragraph 3.2.

The auditing team must have at least one member with experience of assessing the transportable pressure equipment concerned. The assessment procedure must include an inspection visit to the premises of the owner or of his authorised representative established in the Community or the approved body.

The decision must be notified to the owner or his authorised representative established in the Community or the approved body. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     3.4 The owner or his authorised representative established in the Community or the approved body must undertake to discharge the obligations arising from the quality system as approved and to ensure that it remains satisfactory and efficient.

The owner or his authorised representative established in the Community or the approved body must inform the notified body which has approved the quality system of any intended adjustment to the quality system.

The notified body must assess the proposed changes and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the owner or his authorised representative established in the Community or the approved body. The notification must contain the conclusions of the examination and the reasoned assessment decision.

     4. Surveillance under the responsibility of the notified body


     4.1 The purpose of surveillance is to make sure that the owner or his authorised representative established in the Community or the approved body duly fulfils the obligations arising out of the approved quality system.

     4.2 The owner or his authorised representative established in the Community or the approved body must allow the notified body access for inspection purposes to the locations of inspection, testing and storage and provide it with all necessary information, in particular:

– the quality system documentation,

– the technical documentation,

– the quality records, such as inspection reports and test data, reports concerning the qualifications of the personnel concerned etc.

     4.3 The notified body must carry out periodic audits to make sure that the owner or his authorised representative established in the Community or the approved body maintains and applies the quality system and provides the owner or his authorised representative established in the Community or the approved body with an audit report.

     4.4 In addition, the notified body may pay unannounced visits to the owner or his authorised representative established in the Community or the approved body. During such visits, the notified body may if necessary perform tests or have tests performed to verify if necessary that the quality system is functioning correctly. The notified body must provide the owner or his authorised representative established in the Community or the approved body with a visit report and, if a test has taken place, with a test report.

     5. The owner or his authorised representative established in the Community or the approved body must, for a period of ten years from the date of the last periodic inspection of the transportable pressure equipment, hold at the disposal of the Northern Ireland competent authority:

– the documentation referred to in the second indent of the second sub-paragraph of paragraph 3.1,

– the adjustments referred to in the second sub-paragraph of paragraph 3.4,

– the decisions and reports from the notified body which are referred to in the last paragraph of 3.3, in the last paragraph of 3.4 and in paragraphs 4.3 and 4.4.

(a) the orange-coloured plates referred to in paragraph 1 shall be displayed in accordance with the provisions of sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR which are applicable to the good, transport unit, tank-vehicle or container in question; and

(b) an identical orange-coloured plate shall be affixed to the rear of the transport unit, in place of the orange-coloured plate to be affixed to the rear of the transport unit pursuant to sub-section 5.3.2.1.1 of ADR.

     3. Subject to paragraphs 4 and 6, where more than one dangerous good is being carried in a tank or in bulk in a transport unit or a tank-vehicle with more than one tank or container–

(a) the orange-coloured plates referred to in paragraph 1 shall be displayed in accordance with the provisions of sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR which are applicable to the goods, transport unit, tank-vehicle or container in question except that–


(i) only one on each side of the transport unit, tank, tank compartment or container in question, parallel to the longitudinal axis, shall bear the EAC; and

(ii) the remaining plates shall bear only the UN number and shall be 150mm in height; and



(b) an orange-coloured plate shall be affixed to the rear of the transport unit or tank-vehicle in question which shall be identical to the plates referred to in sub-paragraph (a), except that it shall display the EAC only in the top half of the plate.

     4. Subject to paragraph 6, where more than one dangerous good is being carried in a transport unit or a tank-vehicle with more than one tank and those goods are–

(a) UN 1202 DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT;

(b) UN 1203 PETROL or MOTOR SPIRIT or GASOLINE; or

(c) UN 1223 KEROSENE,

then the requirements of paragraph 2 must be met except that the orange-coloured plates only have to bear the EAC and UN number for the most hazardous of the dangerous goods being carried.

     5. –

    (1) Subject to sub-paragraph (2), where dangerous goods are being carried in tanks a telephone number where specialist advice concerning the dangerous goods in question can be obtained in English at any time during carriage shall be displayed–

(a) at the rear of the transport unit; and

(b) on both sides of–


(i) any tank;

(ii) the frame of any tank; or

(iii) the transport unit; and



(c) in the immediate vicinity of the orange-coloured plate displaying the EACs,

and shall be in black digits of not less than 30mm in height against an orange-coloured background.

    (2) The telephone number may be substituted by the phrase "consult local depot" or "contact local depot" provided that–

(a) in the immediate vicinity of each orange-coloured plate; and

(b) against an orange-coloured background in black digits of not less than 30mm in height.

     9. –

    (1) The information required to be displayed on placards and orange-coloured plates in accordance with section 5.3.1 of RID and paragraph 7 and the telephone number required to be displayed pursuant to paragraph 8 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).

    (2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that it shall–

(a) be displayed in accordance with paragraph 8 as if it were an orange-coloured plate; and

(b) comply with the requirements of paragraphs 6(2)(c) to (f).

(a) in the case of a motor vehicle either the registration document relating to the vehicle or other evidence of the date of its first registration or, in the case of a motor vehicle not registered before the date of the inspection, evidence of the date of its manufacture; and

(b) in the case of a trailer, evidence of the date of its manufacture.

     2. The particulars relating to the vehicle and shown in any application relevant to the inspection are found to be substantially incorrect.

     3. The vehicle is one as respects which it has been stated in the application that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the inspection it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer.

     4. The vehicle is a trailer, and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped.

     5. There is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous or easily accessible position so as to be readily legible either–

(a) the chassis or serial number shown in the registration document relating to the vehicle; or

(b) if no such number is shown or exists, the identification mark allotted to the vehicle by the Northern Ireland competent authority.

(a) the Gas Cylinders (Pattern Approval) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 15);

(b) the Pressure Vessels (Verification) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 79);

(c) the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 (S.R. 1997 No. 247);

(d) the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 249);

(e) the Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 448);

(f) the Transport of Dangerous Goods (Safety Advisers) Regulations (Northern Ireland) 2000 (S.R. 2000 No. 119);

(g) the Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 34);

(h) the Transportable Pressure Vessels Regulations (Northern Ireland) 2003 (S.R. 2003 No. 386);

(i) the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 2003 (S.R. 2003 No. 533);

and other provisions.

     6. Part I contains the introductory provisions. Regulation 2 defines terms used in the Regulations. Regulations 3 to 7 define the scope of the Regulations. Regulation 8 defines competent authority functions.

     7. Part II imposes the requirements contained within RID and ADR concerning general requirements (regulations 9 to 14), the classification of dangerous goods (regulations 15 and 16), special packing provisions (regulation 17), packaging of dangerous goods (regulations 18 and 19), consignment procedures (regulation 20), requirements for the construction and testing of packaging (regulations 21 and 22), the carriage and handling of dangerous goods (regulations 23 and 24) and the construction and approval of vehicles (regulation 25).

     8. Part III sets out the competent authorities for carrying out functions within RID and ADR.

     9. Part IV imposes the requirements of the Transportable Pressure Equipment Directive for placing transportable pressure equipment on the market and using it at work (regulations 38 and 39), reassessing the conformity of existing transportable pressure equipment (regulation 40), inspections (regulation 41), notified and approved bodies for inspecting transportable pressure equipment (regulations 42 to 44) and the use of a conformity mark (regulation 45).

     10. Part V imposes requirements which are additional to or alternatives to the requirements of RID and ADR. These concern requirements for the carriage of class 7 goods by rail (regulation 46), the marshalling and formation of trains (regulation 47), the keeping of documentation (regulation 48) and placarding requirements for carriage within Northern Ireland (regulation 49).

     11. Part VI contains miscellaneous provisions concerning fees for applications relating to pressure receptacles and tanks (regulation 50), transitional defence (regulation 51), defence and enforcement (regulation 52), savings, revocations and consequential amendments (regulations 53 to 56).

     12. Copies of the following documents may be obtained from The Stationery Office Bookshops, The Stationery OfficeÕs Accredited Agents and all good booksellers:

(a) the European Agreement concerning the International Carriage of Dangerous Goods by Road ("ADR") (2003 Edition) (ISBN 92-1-139078-8) and corrigenda 1 (February 2003) and 2 (June 2003);

(b) the Regulations concerning the International Carriage of Dangerous Goods by Rail ("RID") (2003 Edition) (ISBN 0-11-552553-X);

(c) the International Maritime Dangerous Goods Code ("IMDG Code") (2004 Edition) (ISBN 92-801-4184-8);

(d) the Dangerous Goods Emergency Action Code List 2004 (ISBN 0-11-341275-4);

(e) the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation (2003Ð2004 Edition) (ISBN 92-9194-010-0 and ISSN 1726-6181); and

(f) the Approved Tank Requirements (ISBN 0-7176-1226-0).