The European Parliament and the council adopted, dated 29 May 1997, the directive 97 / 23 / CE on the approximation of the laws of the member states on pressure equipment.

Subsequently, approved the Regulation (CE) nº765 / 2008 of the European Parliament and of the Council regulates the accreditation agencies of conformity assessment, adopts a framework for market surveillance of products and for controls of products from third countries and sets the general principles of marking CE.

Likewise, the decision n 768 / 2008 / CE from the European Parliament and the Council establishes common principles and provisions applicable to any reference sectoral legislation to establish a coherent basis for the revision or recast this legislation, be desirable, therefore, adapt the directive 97 / 23 / CE such a decision.

On the other hand, the directive 97 / 23 / CE provides a ranking of the pressure equipment by categories depending on the level of ascending danger. This includes the classification of the fluid content in the team to pressure as dangerous or not, in accordance with Directive 67 / 548 / CEE of the board. On 1 June 2015, the Directive 67 / 548 / CEE will be repealed and replaced by the regulation (CE) nº1272 / 2008 of the European Parliament and of the council, which applies in the union the Globally Harmonized System of classification and labelling of Chemicals, taken at the international level in the structure of the united nations. This Regulation introduces new hazard classes and categories that are only partially to those set out in Directive 67 / 548 / CEE. Therefore, the Directive 97 / 23 / CE must adapt, maintaining the levels of protection envisaged under today, to the rules (CE) nº1272 / 2008.

Therefore, the directive 97 / 23 / CE, they refer to this provision, has been revoked, with effect from the 19 July 2016, by Article 50 of the directive 2014 / 68 / HAT of the European Parliament and of the board of 15 May 2014, concerning the harmonisation of the laws of the member states on the marketing of pressure equipment.

Since the directive 97 / 23 / CE of the European Parliament and of the council has been substantially amended, it should be, for the sake of clarity, repeal the provisions of the royal decree 769 / 1999 of 7 May, which contains the provisions of application of the directive of the European Parliament and of the council, 97 / 23 / CE concerning pressure teams and amending the royal decree 1244 / 1979, April 4, relating to the design, manufacture, marketing and conformity assessment,

In accordance with article 24.1.c) of the law 50 / 1997 of 27 November, the government, communicates that the draft royal decree is available for the fulfillment of its handling of public information.

or by regular mail to the General Office of Industrial safety and quality (Paseo de la Castellana 160, plant 12, 28071 Madrid) .Las comments should be motivated and with alternative text.

Texto del Proyecto de Real Decreto [PDF] [738.76 KB]