Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th March, 2015.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014¹ on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast), hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Pressure Equipment) (Amendment) Regulations 2015.

(2) These Regulations and the Principal Regulations may be cited together as the European Communities (Pressure Equipment) Regulations 1999 and 2015 and shall be construed together as one.

(3) These Regulations come into operation on 1 June 2015.

2. In these Regulations “Principal Regulations” means the European Communities (Pressure Equipment) Regulations 1999 ( S.I. No. 400 of 1999 ).

3. Regulation 8 of the Principal Regulations is amended-

(a) by the substitution of the following paragraph for paragraph (2):

“(2) For the purposes of the classification referred to in paragraph (1), fluids shall be divided into two groups in accordance with subparagraphs (a) and (b) of Article 13(1) of Directive 2014/68/EU.”, and

(b) by the insertion of the following paragraphs after paragraph (3):

“(4) Without prejudice to Regulation 2(2), a word or expression that is used in paragraph (2) and is also used in Directive 2014/68/EU has the same meaning in paragraph (2) as it has in Directive 2014/68/EU.

(5) References in existing laws, regulations and administrative provisions to Article 9 of the Directive shall be construed as references to Article 13 of Directive 2014/68/EU.

(6) In this Regulation ‘Directive 2014/68/EU’ means Directive 2014/68/EU of the European Parliament and of the Council of 15 May 20141 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast).”.

4. Nothing in these Regulations shall affect the requirements of the Principal Regulations in relation to pressure equipment or assemblies to which the Principal Regulations apply if-

(a) the pressure equipment or assemblies comply with the Principal Regulations, and

(b) the pressure equipment or assemblies referred to in subparagraph (a) were placed on the market before 1 June 2015.

GIVEN under my Official Seal,

4 March 2015.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The European Union (Pressure Equipment) (Amendment) Regulations 2015 gives effect to the transposition requirements of Article 49(1) of Directive 2014/68/EU of the European Parliament and of the Council of the 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment.

Article 49(1) of Directive 2014/68/EU requires Member States to adopt the laws, regulations and administrative provisions necessary to comply with Article 13 which relates to the Classification of Pressure Equipment.

The effect of Article 13 is to align the classification of pressure equipment with Regulation (EC) No. 1272/2008 which implements the Globally Harmonised System of Classification and Labelling of Chemicals that has been adopted at international level within the United Nations structure.

These Regulations will amend the European Communities (Pressure Equipment) Regulations 1999 ( S.I. No. 400 of 1999 ) and come into operation from 1 June 2015.

The remaining provisions of Directive 2014/68/EU are due to be transposed into national legislation to take effect from 19 July 2016.

1 OJ No. L189, 27.6.2014, p. 164