Regulations Regarding Transportable Pressure Equipment

Issued pursuant to
Section 7 of the Law On Conformity Assessment
and Section 3, Paragraph two of
the Law On Technical Supervision of Dangerous Equipment

1. General Provisions

1. This Regulation prescribes the procedures for conformity assessment, re-assessment, market surveillance and technical surveillance of transportable pressure equipment in order to ensure that the transportable pressure equipment in circulation does not present a risk to life or health of persons, property and the environment, as well as the requirements to be complied with in organising and carrying out work with the respective transportable pressure equipment.

2. Terms used in this Regulation:

2.1. transportable pressure equipment - all pressure receptacles, their valves and technological equipment as defined in the European Agreement concerning the International Carriage of Dangerous Goods by Road (hereinafter - ADR Agreement) and in Chapter 6.2 of Annex to Appendix C "Regulations concerning the International Carriage of Dangerous Goods by Rail" (hereinafter - RID Regulations) of the Berne Convention concerning International Carriage by Rail (COTIF), as well as tanks, battery vehicles and multi-element gas containers (MEGC), their valves and technological equipment as defined in the ADR Agreement and Chapter 6.8 of the RID Regulations used for the transport of Class 2 gases and for the transport of certain dangerous substances which under the identification by the United Nations Organisation (hereinafter - UN) defined in the ADR Agreement and RID Regulations correspond to UN Numbers 1051, 1052, 1745, 1746, 1790 and 2495;

2.2. making available on the market - to supply transportable pressure equipment, whether in return for payment or free of charge, for distribution or use on the European Union market;

2.3. placing on the market - the first making available of transportable pressure equipment on the European Union market;

2.4. use - filling, temporary storage linked to carriage, emptying and refilling of transportable pressure equipment;

2.5. withdrawal - any measure aimed at preventing transportable pressure equipment from being made available on the market or from being used;

2.6. recall - any measure aimed at achieving the return of transportable pressure equipment that has already been made available and supplied to the end operator.

2.7. manufacturer - any natural or legal person who manufactures transportable pressure equipment, or parts thereof, or who has such equipment designed or manufactured, and markets it under his name or trademark;

2.8. authorised representative - any natural or legal person established within the European Union who has received a written mandate from a manufacturer to act on his behalf in relation to referred-to tasks;

2.9. importer - any natural or legal person established within the European Union, who places transportable pressure equipment or parts thereof from a third country on the European Union market;

2.10. distributor - any natural or legal person established within the European Union, other than the manufacturer or the importer, who makes transportable pressure equipment or parts thereof available on the market;

2.11. owner - any natural or legal person established within the European Union, who owns of possesses transportable pressure equipment. For the purposes of this Regulation an owner shall also be a person who handles transportable pressure equipment in his name on a legal basis regardless of whether or not such transportable pressure equipment is his property;

2.12. operator - any natural or legal person registered and established within the European Union using transportable pressure equipment;

2.13. economic operator - the manufacturer, the authorised representative, the importer, the distributor, the owner or the operator acting in the course of a commercial or public service activity, whether in return for payment or free of charge;

2.14. conformity assessment - the assessment and the procedure for the assessment of conformity of transportable pressure equipment in accordance with the ADR Agreement or the RID Regulations;

2.15. Pi marking - a marking (see Annex 1) which indicates that the transportable pressure equipment is in conformity with the applicable conformity assessment requirements of the ADR Agreement, RID Regulations and this Regulation;

2.16. conformity reassessment - the procedure undertaken, at the request of the owner or operator, for the subsequent assessment of the conformity of transportable pressure equipment manufactured and placed on the market before the dates indicated in Paragraphs 103 and 104 of this Regulation. This procedure shall attest the conformity of transportable pressure equipment with the requirements applicable to the conformity reassessment with the provisions of the ADR Agreement or the RID Regulations;

2.17. periodic inspection - periodic inspection of transportable pressure equipment and the respective procedures in accordance with the ADR Agreement and the RID Regulations;

2.18. intermediate inspection - intermediate inspection of transportable pressure equipment and the respective procedures in accordance with the ADR Agreement and the RID Regulations;

2.19. exceptional check - exceptional check of transportable pressure equipment and the respective procedures in accordance with the ADR Agreement and the RID Regulations;

2.20. notified body - an inspection body which meets the requirements set out in the ADR Agreement, RID Regulations and this Regulation and which is notified in accordance with the procedures laid down in this Regulation;

2.21. notification - the process of awarding notified body status to an inspection body and includes communication of this information to the European Commission;

2.22. market surveillance - the activities carried out and the measures taken by market surveillance authorities to ensure the circulation of such transportable pressure equipment which during its life cycle complies with the requirements referred to in the ADR Agreement, RID Regulations and this Regulation and which does not present a risk to life or health of persons, property or the environment.

3. This Regulation shall not apply to transportable pressure equipment which are:

3.1. designed for Class 2 gases which under the provisions of the ADR Agreement and the RID Regulations are classified as:

3.1.1. other products which contain high-pressure gases and which include digit "6" in their classification code;

3.1.2. unpressurised gases to which special requirements apply and which include digit "7" in their classification code;

3.2. designed for aerosol dispensers (UN Number 1950);

3.3. open cryogenic receptacles;

3.4. classified as equipment subject to the laws and regulations regarding pressure equipment and assemblies thereof;

3.5. cylinders for breathing appliances;

3.6. fire extinguishers (UN Number 1044);

3.7. equipment subject to the exemptions referred to in the ADR Agreement and Sub-paragraph 1.1.3.2 of the RID Regulations;

3.8. equipment which under the special provisions of the ADR Agreement and Chapter 3.3 of the RID Regulations is exempt from design- and inspection-related requirements.

4. The requirements for transportable pressure equipment are set out in the ADR Agreement and the RID Regulations. The requirements for transportable tanks used in international carriage by rail to and from third countries are set out in the Agreement on International Goods Transport (hereinafter - SMGS Agreement) and in the laws and regulations regarding carriage of freight poured into tanks and open bin wagons.

5. The inspection body referred to in Paragraph 8 of this Regulation shall perform a conformity assessment, periodic inspection, intermediate inspection and exceptional check for transportable pressure equipment only used for carriage of dangerous goods to and from third countries in accordance with the requirements set out in the ADR Agreement, the RID Regulations or the SMGS Agreement.

6. If transportable pressure equipment which is manufactured outside the territory of the European Union in accordance with the requirements of laws and regulations of the country of origin is a cylinder under the definition set out in the ADR Agreement or the RID Regulations, but it is not manufactured in accordance with the technical requirements set out in the ADR Agreement or the RID Regulations, and it has been placed on the marked until 1 July 2003, such cylinders may only be filled, marketed and used in the territory of Latvia, if they have a certification by the notified body of the performance of a periodic inspection, stating that the cylinder complies with the conditions of technical documentation according to which it was manufactured and that it does not endanger human life, health, property and the environment.

[4 December 2012 / See Paragraph 117.⁵)

7. The limited liability company "Standardisation, Accreditation and Methodology Centre" shall ensure adaptation of the international standards indicated in the ADR Agreement and the RID Regulations applicable for fulfilment of the requirements of this Regulation (hereinafter - applicable standards) and publication of their titles on the website of the Standardisation Bureau (www.lvs.lv).

8. The inspection bodies which perform the conformity assessment, conformity reassessment, periodic inspection, intermediate inspection and exceptional check referred to in this Regulation, in accordance with the criteria laid down in standard LVS EN 17020 "General Criteria for the Operation of Various Types of Bodies Performing Inspection", the ADR Agreement or the RID Regulations and with the requirements referred to in this Regulation, shall be accredited by the Latvian National Accreditation Bureau of the limited liability company "Standardisation, Accreditation and Metrology Centre" (hereinafter - Accreditation Bureau).

9. Conformity assessment certificates and conformity reassessment certificates issued by the notified bodies, as well as notifications regarding periodic inspection, intermediate inspection and exceptional check shall be valid in all Member States of the European Union. Demountable parts of refilled transportable pressure equipment may undergo individual conformity assessment.

10. Market surveillance, as well as supervision and control of transportable pressure equipment, within the scope of competence, shall be ensured by the State Railway Technical Inspection, State Police, Road Traffic Safety Directorate and other authorities laid down in the laws and regulations regarding the procedures for road transport control, and by the Consumer Rights Protection Centre (hereinafter - market surveillance authorities).

11. In performing supervision and control at the work place of a merchant, the State Labour Inspectorate shall inspect the use of transportable pressure equipment in accordance with the labour protection requirements, using the work equipment, and shall, under a bilateral co-operation agreement, inform the Consumer Rights Protection Centre regarding cases if violations are detected in operating transportable pressure equipment, which may endanger the security and health of employees, as well as regarding accidents at work which have occurred in relation to the use of transportable pressure equipment.

12. Transportable tanks provided for carriage by road shall be registered in the register of dangerous equipment in accordance with the procedures laid down in the laws and regulations regarding registration of dangerous equipment. Conformity of the tanks of tank wagons for carriage by rail with the requirements referred to in this Regulation, the RID Regulations and Appendix 2 to the SMGS Agreement shall be registered in the State Railway Administration.

13. Each tank must have a tank passport in the official language. The notified body shall issue a tank passport provided for carriage by road (Appendix 2) by registering the tank in the register of dangerous equipment. The tank passport of a tank wagon provided for carriage by rail (Appendix 3) shall be drawn up by the tank possessor before the tank is registered in the State Railway Administration. If a transportable tank used for carriage by rail is handed over or leased to another possessor, the tank passport shall be handed over as well.

14. The tank possessor shall record information regarding repairs and technical inspections of a tank. Information regarding repairs, inspections and technical testing of a tank provided for carriage by road shall be recorded in the technical documentation of the tank, in case of a tank for carriage by rail - in the tank's passport. The possessor of the tank shall keep the respective documents and ensure their availability to the marker supervision authorities and notified bodies while the transportable tank is in use, as well as at least 15 months after the end of the use of the tank.

2. Obligations of Entrepreneurs

2.1. Obligations of a Manufacturer

15. In placing transportable pressure equipment on the market, a manufacturer shall ensure that the respective equipment is designed, manufactured and provided with the technical documentation in accordance with the requirements referred to the ADR Agreement or the RID Regulation and this Regulation.

16. If conformity of transportable pressure equipment with the requirements referred to the ADR Agreement or the RID Regulations, and this Regulation, is proved by performing the conformity assessment procedure, the manufacturer shall Pi-mark the transportable pressure equipment in accordance with Chapter 5 of and Annex 4 to this Regulation.

17. The manufacturer shall ensure that the respective transportable pressure equipment has the documentation referred to in the ADR Agreement or the RID Regulations, which is kept according to the time period laid down in the referred-to documents.

18. A manufacturer who considers or who has reason to believe that the transportable pressure equipment placed on the market by this manufacturer is not in conformity with the requirements referred to in the ADR Agreement, the RID Regulations or this Regulation shall immediately perform the necessary corrective measures in order to ensure the compliance of the transportable pressure equipment and, if necessary, to recall or withdraw it from the market.

19. If the transportable pressure equipment presents a risk, the manufacturer shall immediately inform the market surveillance authorities of the respective area thereof, providing detailed information regarding the non-compliance of the transportable pressure equipment and all the corrective measures performed. The manufacturer shall document cases if non-compliance is detected and corrective measures are performed.

20. Upon justified request by the market surveillance authority the manufacturer shall provide any information and documentation, which is necessary in order to prove compliance of the transportable pressure equipment, in a language acceptable for the market surveillance authority. Upon justified request by the market surveillance authority the manufacturer shall co-operate with the market surveillance authority in implementation of any such measures which are aimed at preventing a risk presented by the transportable pressure equipment which is placed on the market by the manufacturer.

21. The manufacturer shall provide the operator with any information referred to in the ADR Agreement or the RID Regulations, and this Regulation.

2.2. Obligations of an Authorised Representative

22. A manufacturer may appoint an authorised representative by issuing a written authorisation. The authority of the authorised representative shall not include the obligations referred to in Paragraphs 16 and 17 of this Regulation and drawing up of technical documentation.

23. The authorised representative shall fulfil the tasks set out in the manufacturer's authorisation. It shall be provided for in the authorisation that the authorised representative carries out at least the following obligations:

23.1. keeps technical documentation in accordance with the terms set out for the manufacturer under the ADR Agreement or the RID Regulations in order to ensure its availability for the market surveillance authorities;

23.2. upon justified request by the market surveillance authority provide, in a language acceptable for the authority, any information and documentation which is necessary in order to prove the compliance of the transportable pressure equipment;

23.3. upon request by the market surveillance authorities, co-operate in implementation of any measures which are aimed at preventing a risk which is presented by the transportable pressure equipment covered in the authorisation issued.

24. The name and contact address of the authorised representative shall be indicated in the certificate of conformity indicated in the ADR Agreement or the RID Regulations.

25. The authorised representative shall provide the operator with any information referred to in the ADR Agreement or the RID Regulations, and this Regulation.

2.3. Obligations of an Importer

26. An importer shall place on the European Union market only such transportable pressure equipment which complies with the requirements referred to in the ADR Agreement or the RID Regulations, and this Regulation.

27. The importer shall ensure that only such transportable pressure equipment is placed on the market for which the manufacturer has performed an appropriate conformity assessment procedure and has drawn up technical documentation which includes the Pi marking and to which the certificate of conformity indicated in the ADR Agreement or the RID Regulations is attached.

28. If the importer considers or has reason to believe that the transportable pressure equipment is not in conformity with the requirements referred to in the ADR Agreement, the RID Regulations or this Regulation, the importer shall not place the transportable pressure equipment on the market until its conformity is ensured. If the transportable pressure equipment presents a risk, the importer shall inform the manufacturer and market surveillance authorities thereof.

29. The importer shall indicate its name and contact address in the certificate of conformity or its appendix indicated in the ADR Agreement or the RID Regulations.

30. The importer shall ensure that storage and carriage of the respective equipment do not present a risk to its compliance with the requirements referred to in the ADR Agreement or the RID Regulations, and this Regulation.

31. If the importer considers or has reason to believe that the transportable pressure equipment placed on the market by the importer is not in conformity with the requirements referred to in the ADR Agreement or the RID Regulations, and this Regulation, the importer shall perform the necessary corrective measures without delay in order to ensure compliance of the transportable pressure equipment or to withdraw or recall it from the market. If the transportable pressure equipment presents a risk, the importer shall inform the manufacturer and market surveillance authorities thereof without delay by providing detailed information regarding non-compliance of the transportable pressure equipment and the corrective measures performed. The importer shall document cases if non-compliance has been detected and the corrective measures have been performed.

32. The importers shall keep a copy of technical documentation in accordance with the time periods set out in the ADR Agreement or the RID Regulations in order to ensure its availability to the market surveillance authorities, as well as shall provide submission of the referred-to technical documentation to the market surveillance authorities upon their request.

33. Upon justified request of the market surveillance authority the importer shall provide any information and documentation, which is necessary in order to prove the compliance of the transportable pressure equipment, in a language acceptable for the authority. Upon justified request of the market surveillance authority the importer shall co-operate with the market surveillance authority in implementation of all measures which are aimed at preventing a risk presented by transportable pressure equipment which is placed on the market by the importer.

34. The importer shall provide the operator with any information referred to in the ADR Agreement or the RID Regulations, and this Regulation.

35. In applying the requirements referred to in this Regulation, the importer shall be regarded as a manufacturer and shall have the same obligations as a manufacturer in accordance with Sub-chapter 2.1 of this Regulation if the importer places transportable pressure equipment on the market under its own name or trademark or changes transportable pressure equipment already placed on the market in such a way that it could impact compliance of the transportable pressure equipment with the applicable requirements.

2.4. Obligations of a Distributor

36. A distributor shall make such transportable pressure equipment available on the European Union market which complies with the requirements set out in the ADR Agreement or the RID Regulations, and this Regulation, except the transportable pressure equipment referred to in Paragraph 5 of this Regulation and the cylinders referred to in Paragraph 6 of this Regulation. Prior to making transportable pressure equipment available on the market, the distributor shall verify that the transportable pressure equipment is Pi-marked, that a certificate of conformity is attached thereto and that a contact address is indicated in accordance with Paragraph 29 of this Regulation.

37. If a distributor considers or has reason to believe that the transportable pressure equipment is not in conformity with the requirements referred to in the ADR Agreement or the RID Regulations, and this Regulation, the distributor shall make the transportable pressure equipment available on the market only if its conformity is ensured. If the transportable pressure equipment presents a risk, the distributor shall inform the manufacturer and market surveillance authorities thereof.

38. A distributor shall ensure that storage and carriage of the respective transportable pressure equipment do not present a risk to its compliance with the requirements referred to in the ADR Agreement or the RID Regulations, and this Regulation.

39. If a distributor considers or has reason to believe that the transportable pressure equipment made available on the market by the distributor is not in conformity with the requirements referred to in the ADR Agreement or the RID Regulations, and this Regulation, the distributor shall ascertain that the necessary corrective measures have been performed in order to ensure the compliance of the transportable pressure equipment and, if necessary, to recall or withdraw it from the market.

40. If the transportable pressure equipment presents a risk, the distributor shall immediately inform the manufacturer and, if appropriate, the importer and market surveillance authorities thereof, providing detailed information regarding non-compliance of the transportable pressure equipment and all the corrective measures performed. The distributor shall document cases if non-compliance has been detected and corrective measures have been performed.

41. Upon justified request by the market surveillance authority a distributor shall provide any information and documentation, which is necessary in order to verify the compliance of the transportable pressure equipment, in a language acceptable for the authority. Upon justified request by the market surveillance authority a distributor shall co-operate with the authority in implementation of any measures which are aimed at preventing a risk presented by the transportable pressure equipment which is made available on the market by the distributor.

42. A distributor shall provide information to the operator in accordance with the ADR Agreement or the RID Regulations, and this Regulation.

43. In applying the requirements referred to in this Regulation, a distributor shall be regarded as a manufacturer and shall have the same obligations as a manufacturer in accordance with Sub-chapter 2.1 of this Regulation if the distributor places transportable pressure equipment on the market under its own name or trademark or changes transportable pressure equipment already placed on the market in such a way that it could impact compliance of the respective transportable pressure equipment with the applicable requirements.

2.5. Obligations of an Owner

44. If an owner considers or has reason to believe that the transportable pressure equipment, except the transportable pressure equipment referred to in Paragraph 5 of this Regulation and the cylinders referred to in Paragraph 6 of this Regulation, is not in conformity with the requirements referred to in the ADR Agreement or the RID Regulations, including in relation to the inspection of the transportable pressure equipment, and the requirements of this Regulation, the owner shall make available on the market and use it only if its compliance with the requirements referred to in this Paragraph has been ensured. If the transportable pressure equipment presents a risk, the owner shall inform the manufacturer, importer or distributor and the market surveillance authorities of the respective field thereof. The owner shall document all cases if a non-compliance has been detected and corrective measures have been performed.

45. An owner shall ensure that the storage and carriage conditions of the transportable pressure equipment do not present a risk to its compliance with the requirements referred to in the ADR Agreement or the RID Regulations, and this Regulation.

46. The owner shall provide information to the operator in accordance with the ADR Agreement or the RID Regulations, and this Regulation.

47. The requirements referred to in Paragraphs 44, 45 and 46 of this Regulation shall not apply to private individuals who have acquired transportable pressure equipment for private or household needs, as well as for leisure or sports activities.

2.6. Obligations of an Operator

48. An operator, except the cases referred to in Paragraphs 5 and 6 of this Regulation, shall only use such transportable pressure equipment which complies with the requirements referred to in the ADR Agreement or the RID Regulations, and this Regulation.

49. If the transportable pressure equipment presents a risk, the operator shall inform the owner and market surveillance authorities of the respective field thereof.

3. Notified Bodies and their Notification Procedures

50. The Ministry of Economics shall inform the European Commission regarding the procedures by which the notified bodies shall be assessed, notified and supervised, as well as regarding any changes in such procedures.

51. An inspection body shall lodge a notification application to the Ministry of Economics for the acquisition of the status of a notified body. The following shall be appended to the application:

51.1. a description of the planned activities relating to conformity assessment, conformity reassessment, periodic inspection, intermediate inspection and exceptional check;

51.2. a description of the procedures applied for the performance of the activities referred to in Sub-paragraph 51.1 of this Regulation;

51.3. a description of the types of transportable pressure equipment for which it is planned to perform conformity assessment, conformity reassessment, periodic inspection, intermediate inspection and exceptional check;

51.4. an accreditation certificate issued by the Accreditation Bureau certifying that the notified body complies with the requirements of this Regulation.

52. The Ministry of Economics shall inform the European Commission regarding the notified body and shall indicate the information referred to in Paragraph 51 of this Regulation, using the electronic notification system developed and managed by the European Commission.

53. The body regarding which the Ministry of Economics has notified the European Commission may perform the activities of a notified body in accordance with the requirements of this Regulation only if no objections have been raised by the European Commission or other European Union Member States within two weeks of the notification.

54. The Ministry of Economics shall inform the European Commission and other European Union Member States if any changes have occurred in the information provided thereby regarding the notified body.

55. If the Ministry of Economics has detected or has information at the disposal thereof that the notified body no longer meets the requirements of this Regulation or that it has failed to fulfil its obligations, the Ministry of Economics shall restrict, suspend or revoke the notification accordingly, taking into account the extent to which the respective notified body has failed to ensure compliance with the requirements or to fulfil its obligations. The Ministry of Economics shall inform the European Commission and other European Union Member States thereof without delay.

56. If a notification is revoked, restricted or suspended, or if the notified body has ceased its activity, the Ministry of Economics shall transfer the documents of the respective body to the Accreditation Bureau where they shall be available to another notified body and market surveillance authorities upon their request.

57. The Ministry of Economics shall, upon request by the European Commission, provide it with all information regarding the justification for the notification of the respective body or the maintaining of the competence of the notified body.

58. If a request by the European Commission concerning a notified body has been received, the Ministry of Economics shall revoke the notification provided to the European Commission regarding the respective body.

59. The notified body shall perform conformity assessment, conformity reassessment, periodic inspection, intermediate inspection and exceptional check of transportable pressure equipment in accordance with the ADR Agreement or the RID Regulations, and this Regulation, as well as the conditions referred to in the notification of the Ministry of Economics to the European Commission.

60. The notified body shall ensure that its employees who perform conformity assessment are informed regarding all current events of the working group of notified bodies organised by the European Commission relating to the standardisation in the area of the transportable pressure equipment directive. The notified body may participate or ensure the participation of a delegated representative in the work of the referred-to working group. The notified body shall apply the decisions and documents prepared by the working group as general guidance for the assessment methodology.

61. The notified body of another European Union Member State is entitled to operate in Latvia according to the notified area of operation. The Accreditation Bureau shall perform continuous supervision of operation of such notified body throughout the territory of the European Union which was accredited by the Accreditation Bureau and which has been notified by the Ministry of Economics to the European Commission.

62. The notified body shall inform the Ministry of Economics regarding:

62.1. all cases if the issuance of a certificate is refused, the operation of the certificate is restricted or suspended, or the certificate is revoked;

62.2. circumstances which affect the notified area of operation;

62.3. information requests received from the market surveillance authorities regarding activities performed;

62.4. activities performed within the scope of the notified area of operation, and regarding other activities, including cross-border activities and subcontracting (upon request);

62.5. the way in which the notified body ensures participation in the working group referred to in Paragraph 60 of this Regulation, and regarding any changes in relation to such participation.

63. The notified body shall inform other notified bodies in the field of transportable pressure equipment, which perform conformity assessment, periodic inspection, intermediate inspection and exceptional check of such transportable pressure equipment, regarding negative conformity assessment results (and upon request - also regarding positive conformity assessment results).

4. Conformity Reassessment of Transportable Pressure Equipment

64. An owner or operator of transportable pressure equipment shall submit information to the selected notified body, which in accordance with Paragraph 8 of this Regulation corresponds to Type A inspection body and which is notified for the performance of conformity reassessment, regarding transportable pressure equipment which enables accurate identification of the equipment (origin documentation, design standards and rules, for acetylene cylinders - also indications regarding the porous mass), and inform regarding restrictions on the use of the respective transportable pressure equipment and the possible damages to the transportable pressure equipment, as well as repairs carried out.

65. The notified body referred to in Paragraph 63 of this Regulation shall assess whether the transportable pressure equipment complies with the safety requirements referred to in the ADR Agreement or the RID Regulations at least. The assessment shall be performed on the basis of the information referred to in Paragraph 62 of this Regulation and the results of inspection, if such inspection was performed, performed during the operation of the transportable pressure equipment.

66. If the results of the assessment referred to in Paragraph 64 of this Regulation are satisfactory, the transportable pressure equipment shall undergo a periodic inspection according to the ADR Agreement or the RID Regulations.

67. If the results of a periodic inspection are favourable, the notified body which performed the periodic inspection or another person under its supervision shall Pi-mark the transportable pressure equipment in accordance with Chapter 5 of this Regulation. The Pi marking shall be followed by the identification number of such notified body which performed the periodic inspection. The notified body shall submit a conformity reassessment certificate in which the information referred to in Paragraph 69 of this Regulation is indicated.

68. If pressure tanks were manufactured in series, conformity reassessment of individual pressure tanks, including reassessment of their valves and other accessories, may be performed by a body notified for the performance of periodic inspection, if in performing conformity reassessment in accordance with Paragraph 64 of this Regulation the conformity of the type of such pressure tanks has been assessed by the notified body referred to in Paragraph 63 of this Regulation and the conformity reassessment certificate referred to in Paragraph 69 of this Regulation has been issued for such pressure tanks. The Pi marking shall be followed by the identification number of such notified body which performed the periodic inspection.

69. The notified body which performed the periodic inspection of the transportable pressure equipment shall issue to the owner or operator of the transportable pressure equipment a conformity reassessment certificate in which at least the following information is indicated:

69.1. the identification data of the notified body and, if the assessment referred to in Paragraph 66 of this Regulation has been performed by another notified body, also the identification number of such body;

69.2. the name and address of the owner or operator of the transportable pressure equipment;

69.3. the identification data of the type conformity reassessment certificate of the transportable pressure equipment if the procedure referred to in Paragraph 68 of this Regulation is applied;

69.4. the identification data and serial number of Pi-marked transportable pressure equipment;

69.5. the date of issuance of the certificate.

70. If the conformity reassessment procedure referred to in Paragraph 68 of this Regulation is applied, the body notified for the performance of conformity reassessment shall issue a type conformity reassessment certificate to the owner or operator of the transportable pressure equipment. At least the following information shall be indicated in the certificate:

70.1. the identification data of the notified body;

70.2. the name and address of the manufacturer of the reassessed transportable pressure equipment and, if the holder of the original of the type approval certificate of the transportable pressure equipment is not the manufacturer, the name and address of the holder;

70.3. the identification data of the transportable pressure equipment manufactured in series;

70.4. the date of issuance of the certificate;

70.5. the words "This certificate does not imply entitlement to manufacture transportable pressure equipment or its parts".

71. In Pi-marking transportable pressure equipment (or upon assigning this task to another person), its owner or operator shall attest that he undertakes responsibility for compliance of the transportable pressure equipment with all the requirements referred to in the ADR Agreement or the RID Regulations which were in force at the time of reassessing the equipment.

5. Conditions for Pi-marking of Transportable Pressure Equipment

72. The transportable pressure equipment shall be Pi-marked by the manufacturer or, in case of conformity reassessment, the notified body or another person under its supervision in accordance with Chapter 4 of this Regulation.

73. Only such transportable pressure equipment shall be Pi-marked which:

73.1. complies with the conformity assessment requirements referred to in the ADR Agreement, the RID Regulations and this Regulation;

73.2. complies with the requirements referred to in Chapter 4 of this Regulation regarding conformity reassessment.

74. By Pi-marking the manufacturer shall certify its responsibility for the compliance of the respective transportable pressure equipment with the requirements referred to in the ADR Agreement, the RID Regulations and this Regulation.

75. Within the meaning of this Regulation the Pi marking shall be the only marking that certifies the compliance of transportable pressure equipment with the conformity assessment requirements applicable to them and laid down in the ADR Agreement, the RID Regulations and this Regulation.

76. It is prohibited to use any other marking, signs and inscriptions on the transportable pressure equipment, which the third parties may confuse with the Pi marking in terms of its meaning or form. No other marking of transportable pressure equipment may influence the visibility, eligibility and meaning of the Pi marking.

77. The Pi marking shall be affixed to those demountable parts of refilled transportable pressure equipment which have a direct safety function.

78. The Pi marking shall be visibly, eligibly and indelibly engraved on the transportable pressure equipment or its data plate, as well as on the demountable parts of refilled transportable pressure equipment.

79. New transportable pressure equipment and those demountable parts demountable parts of refilled transportable pressure equipment which have a direct safety function shall be marked with the Pi marking before placing on the market.

80. The Pi marking shall be followed by the identification number of the notified body which performed the initial inspection of the transportable pressure equipment. The identification number of the notified body shall be indicated by the notified body itself or by the manufacturer according to its instructions.

81. The identification number of the notified body which performed the periodic inspection or intermediate inspection shall be indicated next to the date of the periodic inspection or intermediate inspection accordingly.

82. If it is intended to transport the transportable pressure equipment to such states of the European Union where the air temperature is regularly below minus 20°C, the mark "- 40°C" shall be required next to the identification number of the notified body.

6. Market Supervision and Control

83. Upon request by the market surveillance authority an economic operator shall provide information regarding a period of operation of at least 10 years, indicating:

83.1. the economic operator which supplied the transportable pressure equipment thereto;

83.2. the economic operator to which it supplied the transportable pressure equipment;

84. The market surveillance authority shall request the respective economic operator to prevent a detected non-compliance of transportable pressure equipment within a specific time period if the transportable pressure equipment:

84.1. has been Pi-marked violating the requirements of this Regulation and does not comply with Appendix 1 to this Regulation;

84.2. has not been Pi-marked in accordance with the requirements of this Regulation;

84.3. does not have technical documentation or it is incomplete;

84.4. the requirements of the ADR Agreement, the RID Regulations, and this Regulation have not been met.

85. If the non-compliance referred to in Paragraph 84 of this Regulation is not eliminated, the market surveillance authority shall perform measures in order to restrict or prohibit making of the transportable pressure equipment available on the market, or ensure recalling or withdrawal of such equipment from the market.

86. If the market surveillance authority has reason to believe that the transportable pressure equipment presents a risk to life or health of persons, property or the environment, it shall perform an assessment of the respective transportable pressure equipment in accordance with the requirements of this Regulation. In order to perform the referred-to assessment, the market surveillance authority has the right request the responsible economic operator to ensure an exceptional check of the transportable pressure equipment. The economic operator shall co-operate with the market surveillance authority, including ensure the necessary samples and access to premises in the respective cases.

87. If during the assessment process referred to in Paragraph 86 of this Regulation the market surveillance authority detects that the transportable pressure equipment does not conform to the requirements of the ADR Agreement, the RID Regulations, and this Regulation, it shall immediately request the respective economic operator to perform the necessary corrective measures in order to ensure compliance of the transportable pressure equipment with the referred-to requirements, or in order to withdraw or recall it from the market within a reasonable time period, commensurate with the risk, according to instructions of the market surveillance authority. The market surveillance authority shall inform the notified body involved regarding the decision taken.

88. The corrective measures referred to in Paragraph 87 of this Regulation shall be applied the requirements of Article 21 of Regulation of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

7. Co-operation with the European Commission and the European Union Member States

89. If after the assessment performed in accordance with Paragraph 86 of this Regulation the market surveillance authority considers that non-compliance is not restricted to its national territory, it shall inform the Ministry of Economics. The Ministry of Economics shall inform the European Commission and other Member States regarding the results of the assessment by the market surveillance authority and the corrective measures which the market surveillance authority has requested the economic operator to perform.

90. The economic operator shall ensure that all the corrective measures referred to in Paragraph 87 of this Regulation are performed in respect of the transportable pressure equipment which has been made available by such economic operator on the European Union market.

91. If the economic operator does not perform appropriate corrective measures within the time period referred to in Paragraph 87 of this Regulation, the market surveillance authority shall perform provisional measures to prohibit or restrict the making available of the transportable pressure equipment on the market, or to withdraw or recall the equipment from the market.

92. The market surveillance authority shall inform the Consumer Rights Protection Centre and the Ministry of Economics, without delay, regarding the performed measures referred to in Paragraph 91 of this Regulation. The Consumer Rights Protection shall, on the basis of the information provided by the respective market surveillance authority, inform the European Commission and other European Union Member States.

93. The market surveillance authority shall include all available information, the data necessary for the identification of the non-compliant transportable pressure equipment, the origin of the transportable pressure equipment, the nature of the potential non-compliance and the risk involved, the nature and duration of the measures performed by the market surveillance authorities, as well as the arguments of the respective economic operator in the information referred to in Paragraph 92 of this Regulation.

94. The market surveillance authorities shall indicate in the information referred to in Paragraph 92 of this Regulation whether the non-compliance is due to either of the following reasons:

94.1. failure of the transportable pressure equipment to meet requirements set out in the ADR Agreement, the RID Regulations or this Regulation relating to the life or health of persons, or to property or the environment, or the protection of other aspects of public interest;

94.2. shortcomings in the applicable standards or technical rules referred to in the ADR Agreement or the RID Regulations.

95. If upon receipt of a notification from another European Union Member State the market surveillance authority detects that transportable pressure equipment which does not comply with the requirements of this Regulation is made available on the market of Latvia, it shall inform the Ministry of Economics without delay. The Ministry of Economics shall provide additional information at the disposal thereof regarding non-compliance of the respective transportable pressure equipment and inform the European Commission and other European Union Member States regarding any measures implemented, as well as inform regarding objections of the market surveillance authority in case if it has another opinion on the measures implemented in the state.

96. If, within two months after receipt of the information referred to in Paragraph 92 of this Regulation, no objection has been raised by either a European Union Member State or the European Commission in respect of measures performed by the market surveillance authority and a decision of the European Commission on such measures has been received, they shall be deemed justified. The market surveillance authority shall ensure that appropriate restrictive measures, also, if necessary, withdrawal from the market, are performed in respect of the respective transportable pressure equipment without delay.

97. If the European Commission regards the market surveillance measures unjustified, the market surveillance authority shall revoke such measures.

98. If after carrying out of the assessment referred to in Paragraph 86 of this Regulation the market surveillance authority finds that although transportable pressure equipment is in compliance with the requirements referred to in the ADR Agreement, the RID Regulations and this Regulation, it presents a risk to the life and health of persons, or to property or the environment, the market surveillance authority shall request the respective economic operator to perform appropriate measures to ensure that the respective transportable pressure equipment, when placed on the market, no longer presents such risk, or to withdraw or recall such equipment from the market within a reasonable time period, commensurate with the risk and determined by the market surveillance authority. The economic operator shall ensure that corrective measures is applied in respect of the transportable pressure equipment which is made available or used by such economic operator on the market in the European Union.

99. The market surveillance authority shall inform the Ministry of Economics regarding the cases referred to in Paragraph 98 of this Regulation without delay. The Ministry of Economics shall inform the European Commission and other European Union Member States without delay on the basis of the information provided by the respective market surveillance authority, and the information shall include the identification data of the transportable pressure equipment, data regarding the origin and the supply chain of the transportable pressure equipment, the nature of the risk and the nature and duration of the measures performed by the market surveillance authorities.

100. The Ministry of Economics shall inform the market surveillance authorities regarding the decision received from the European Commission on the justification of the activities referred to in Paragraph 99 of this Regulation, as well as of the recommended measures to be performed.

8. Final Provisions

101. Cabinet Regulation No. 234 of 18 June 2002, Regulations Regarding Transportable Pressure Equipment is (Latvijas Vēstnesis, 2002, No. 94; 2003, No. 150; 2004, No. 68, No. 209; 2009, No. 98; 2011, No. 58), is repealed.

102. New transportable pressure equipment which is placed on the market for the first time after the day of coming into force of this Regulation and whose compliance is not certified by the Pi marking shall undergo a conformity assessment, Pi-marking, periodic inspection, intermediate inspection and exceptional check in accordance with the requirements set out in the ADR Agreement or the RID Regulations, and this Regulation.

103. If transportable pressure equipment is placed on the market until the day of coming into force of this Regulation and has been in use and its compliance is attested by the Pi marking, it shall undergo a periodic inspection, intermediate inspection and exceptional check in accordance with the requirements set out in the ADR Agreement or the RID Regulations, and this Regulation.

104. If a transportable tank, pressure tank or bundle of cylinders (conforming to the definition set out in the ADR Agreement or the RID Regulations) is placed on the market until 1 July 2007 and has been in use, but its compliance is not attested by the Pi marking, it shall undergo a periodic inspection, intermediate inspection and exceptional check in accordance with the requirements set out in the ADR Agreement or the RID Regulations, and this Regulation.

105. If transportable pressure equipment not referred to in Paragraph 104 of this Regulation is placed on the market until 1 July 2007 and has been in use, but its compliance is not attested by the Pi marking, the transportable pressure equipment shall undergo a periodic inspection, intermediate inspection and exceptional check in accordance with the requirements set out in the ADR Agreement or the RID Regulations, and this Regulation.

106. Reassessment in accordance with the procedures laid down in Chapter 4 of this Regulation of the transportable pressure equipment referred to in Paragraphs 104 and 105 of this Regulation may be performed upon request of the owner.

107. Transportable pressure equipment whose compliance is certified in accordance with Cabinet Regulation No. 234 of 18 June 2002, Regulations Regarding Transportable Pressure Equipment, and which complies with the conditions of technical documentation under which such pressure equipment was manufactured, shall undergo a periodic inspection, intermediate inspection and exceptional check in accordance with the requirements set out in the ADR Agreement or the RID Regulations, and this Regulation.

108. Transportable pressure equipment which was manufactured and put into service before the date indicated in Paragraphs 104 and 105 of this Regulation and whose compliance has not been reassessed before the date of coming into force of this Regulation may undergo conformity reassessment and the Pi marking may be affixed to the equipment in accordance with Chapter 4 of this Regulation.

109. The conformity assessment certificates of transportable pressure equipment issued in accordance with Cabinet Regulation No. 234 of 18 June 2002, Regulations Regarding Transportable Pressure Equipment, shall be equivalent to the type approval certificates determined in the ADR Agreement and the RID Regulations, and they shall be subject to the conditions provided for in the ADR Agreement and the RID Regulations regarding type approval recognition for a specific time period.

110. Use of safety valves and other accessories having a direct safety function of transportable pressure equipment shall be permitted if, in accordance with Cabinet Regulation No. 234 of 18 June 2002, Regulations Regarding Transportable Pressure Equipment, they are marked in accordance with the laws and regulations regarding pressure equipment and assemblies thereof.

111. Pressure tanks, their valves and accessories used for carriage of substances of UN No. 1745, 1746 and 2495 shall be subject to the requirements of this Regulation as of 1 July 2013.

112. Passports of the tanks for carriage by rail and technical documentation of the tanks for carriage by road drafted in accordance with Cabinet Regulation No. 234 of 18 June 2002, Regulations Regarding Transportable Pressure Equipment, before 30 June 2011 shall be valid while the respective tank is being used.

113. Passports of the tanks for carriage by road shall be valid until the next inspection date indicated therein.

114. Seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders and welded unalloyed steel gas cylinders whose compliance has been assessed in accordance with Chapter 6.¹ of Cabinet Regulation No. 234 of 18 June 2002, Regulations Regarding Transportable Pressure Equipment, shall be marked with the Pi marking by the notified body or by another person under the supervision of the notified body. Affixation of marking during a regular periodic inspection shall be performed in accordance with the requirements referred to in the ADR Agreement, the RID Regulations, and this Regulation. The Pi marking shall be placed before the identification number of the respective notified body.

115. Accreditation certificates of the conformity assessment authorities issued in accordance with Cabinet Regulation No. 234 of 18 June 2002, Regulations Regarding Transportable Pressure Equipment, before the date of coming into force of this Regulation shall be valid until the expiry of the term of validity indicated therein.

116. [27 September 2011]

117. [4 September 2012]

117.¹ From 1 January 2013 the notified bodies shall not perform a periodic inspection of the transportable pressure equipment referred to in Paragraph 6 of this Regulation.

[4 December 2012]

117.² The owner of the trade site has a duty to ensure that only such liquefied petroleum gas cylinders are made available for exchange or sale on which information regarding the cylinder's filler (name (firm name) and phone number of the merchant, address and phone number of the cylinder filling station in which the respective cylinder was filled) is indicated.

[4 December 2012]

117.³ The owner of the trade site has a duty to ensure that information regarding the filling station and supplier is available on the cylinders used for sale of liquefied petroleum gas. The owner of the trade site shall present the documents certifying the referred-to information without delay upon request of an official of the market surveillance authority.

[4 December 2012]

117.⁴ The owner of the trade site of liquefied petroleum gas cylinders shall ensure that only such cylinders are made available for exchange which are filled in accordance with the laws and regulation regarding the technical supervision procedures of filling stations of liquefied petroleum gas cylinders.

[4 December 2012]

117.⁵ The requirements referred to in Paragraph 6 of this Regulation regarding filling and selling of cylinders shall be applicable until 31 December 2013 but regarding their use - until 30 June 2014.

[4 December 2012]

118. This Regulation shall come into force on 1 July 2011.

Informative Reference to the European Union Directive

The Regulation contains legal norms arising from Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.

Prime Minister V. Dombrovskis

Minister for Economics A. Kampars

Annex 1
Cabinet Regulation No. 500
28 June 2011

Sample Pi marking

1. The Pi marking shall be the following symbol:

2. The minimum height of the Pi marking shall be 5 mm. For transportable pressure equipment with a diameter less than or equal to 140 mm the minimum height shall be 2.5 mm.

3. The proportions given in the drawing shall be respected. The grid does not form part of the marking.

Minister for Economics A. Kampars

Annex 2
Cabinet Regulation No. 500
28 June 2011

Sample Passport of Tanks for Carriage by Road

Minister for Economics A. Kampars

Annex 3
Cabinet Regulation No. 500
28 June 2011

Sample Passport of Tanks for Carriage by Rail

(Cover of the passport)

(First page)

I. General information and description of the tank

(Next page)

II. Employee of the possessor responsible for the technical condition of the tank

Note. At least 2 pages shall be provided for this section.

(Next page)

III. Information regarding repairs of the tank or replacement of devices

Notes.

1. At least 5 pages shall be provided for this section.

2. Technical documentation regarding changes in construction or materials shall be attached to the passport.

(Next page)

IV. Information regarding inspection of the tank

Notes.

1. At least 3 pages shall be provided for this section.

2. The inspection type shall be designated as "P" if it is an initial or periodic inspection, and as "L" if it is an intermediate inspection.

(Next page)

V. Registration of the tank

5. Tank is registered with the State Railway Administration under index No. ______________

6. The passport contains _______________________ pages numbered and sewn together

7. The passport has ________ appendixes on _____________________ pages

(Next page)

VI. Re-registration of the tank to another possessor

1. The tank is registered with the State Railway Administration under index No. ___________

3. The passport contains ________ appendixes on _____________________ pages

Note. Initially space for one re-registration shall be provided for in the passport. If several re-registrations have taken place, the information referred to this section shall be re-entered by the official of the State Railway Administration.

VII. Instructions for completion and drafting of the passport of tanks for carriage by rail

1. The following documents shall be attached to the passport of tanks for carriage by rail:

1.1 copies of the type approval certificate (if any) and associated documentation of the tank;

1.2 the conformity reassessment certificate (if any) of a used tank;

1.3 inspection protocols of the tan.

2. The passport may be supplemented with other information respective for safety purposes.

3. The text part of the passport shall be drafted as a computer printout.

4. The size of the passport shall correspond to A4 format.

Minister for Economics A. Kampars

Annex 4
Cabinet Regulation No. 500
28 June 2011

Sample Technical Documentation of Tanks for Carriage by Road

(Cover of the document)

Information regarding repairs and technical inspections of the tank

(First page)

(Next page)

I. General information

(Next page)

II. Description of the tank

(Next page)

III. Information regarding safety devices

(Next page)

IV. Information regarding locking devices

(Next page)

V. Specialist responsible for the technical condition of the tank

(Next page)

VI. Information regarding repairs, reconstruction or replacement of devices of the tank

Notes.

1. At least 10 pages shall be provided for this section.

2. Technical documentation regarding changes in construction and materials shall be attached.

(Next page)

VII. Information regarding inspections of the tank

Notes.

1. At least 3 pages shall be provided for this section.

2. The inspection type shall be designated as "P" if it is an initial (periodic) inspection, or as "L" if it is an intermediate inspection.

(Next page)

VIII. Registration of the tank

The documents contains ______________ numbered pages

Appendixes on ____________________ pages

In total, the document includes ______________ pages sewn together

Position of the responsible person of the inspection body ____________________________

signature ____________________________

given name and surname __________________________

Place, date ________________________________

IX. Instructions regarding completion and drafting of the document

1. The following documents shall be attached:

1.1. the functional diagram of the tank;

1.2. the summary drawing of the tank;

1.3. the material certificates of the tank;

1.4. protocols of technical inspections of the tank.

2. If necessary, the document shall be supplemented with other sections.

3. The text part of the document shall be drafted as a computer printout.

4. The size of the document shall correspond to A4 format.

Minister for Economics A. Kampars

Translation © 2014 Valsts valodas centrs (State Language Centre)