Conformity assessment and marking requirements for transportable pressure equipment: outcome
Updated 12 August 2021
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This publication is available at https://www.gov.uk/government/consultations/transportable-pressure-equipment-conformity-assessment-and-marking-requirements-in-great-britain/outcome/conformity-assessment-and-marking-requirements-for-transportable-pressure-equipment-outcome
The Department for Transport (DfT) published a consultation on 2 June 2021 setting out plans to amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (as amended) (the ‘2009 regulations’). This amendment will end recognition of EU Pi-marked transportable pressure equipment (TPE) on the market in Great Britain and instead require that TPE is approved by a conformity assessment body based in GB.
We recognise the impact the coronavirus (COVID-19) pandemic will have had on industry’s ability to prepare for these changes. For that reason, we have taken a pragmatic and flexible approach to using some of our regained powers as a sovereign nation to allow businesses time to adjust to this amendment.
The questions asked in the consultation sought to provide evidence on how ready businesses are for the changes and how much more time they may need to prepare.
The consultation period ran from 2 to 30 June 2021.
We received 22 responses in the form of the response questionnaire. All consultees were involved in the TPE industry and responded on behalf of an organisation. A number of consultees undertook more than one role within the industry.
We received responses from 7 inspection bodies including:
- 6 GB-appointed bodies
- one Northern Ireland notified body
- 2 EU notified bodies.
Respondents also included:
- 12 manufacturers
- 3 owners of TPE
- 5 operators
- 5 distributors
- 10 importers
- 3 consignors of gases
- 2 trade associations
- one organisation involved in filling TPE
- a cylinder testing company
A number of respondents provided supplementary information alongside their response to each question in the questionnaire and one respondent provided additional information separately from their questionnaire.
Six questions were posed by respondents. We have provided government responses to these questions.
Consultation outcome
There was no consensus among respondents as to whether they supported the proposal to end recognition of EU Pi-marked TPE in Great Britain. Some acknowledged that it was a direct effect of the UK’s withdrawal from the EU. The majority of respondents indicated that the amendment would have significant cost implications for their business. No respondents indicated that it would offer significant cost savings for them.
A number of respondents stated that they would prefer for Great Britain to continue accepting EU Pi-marked TPE, but said that if the amendment is made, it should apply from 1 January 2023 and not any earlier. This would allow more time to prepare and minimise any disruption to their business and customers.
Several respondents preferred that the amendment comes into effect on 1 January 2023. This is the entry into force date of the next editions of the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID).
Question 7 of the consultation was directed at manufacturers and asked how long respondents would expect the process to take if switching to using a GB-appointed body for conformity assessments.
Those that responded to question 7 indicated that it would take them at least 18 months to switch to using a GB-appointed body for conformity assessments. The most common reason for respondents using their current conformity assessment body was continuity or continuing an established relationship. Respondents stated that, where a long-standing relationship existed, the inspection body understands the manufacturer’s processes and requirements. Building that relationship and level of knowledge with a new conformity assessment body would take some time.
Several respondents raised concerns that, if the amendment were to come into force by 1 January 2022, conformity assessment bodies may face a surge in demand later in 2021, which they may be unable to cope with without taking on additional staff. Only 2 conformity assessment bodies that responded to question 14 indicated that they would have capacity to take on type approvals being transferred from EU notified bodies.
We are grateful for the responses provided to this consultation and have carefully considered the comments from respondents. The information provided by respondents indicate that bringing the amendment into force on 1 January 2023 is most appropriate.
Two respondents noted that conformity assessment bodies would likely receive limited or no benefit from ending recognition of EU Pi-marked TPE by 1 January 2022. A potential short-term revenue boost may be offset by increased costs associated with meeting heightened demand for their services in the second half of 2021.
If the amendment comes into force on 1 January 2023, and industry is informed of this decision as soon as possible, businesses will have more time to prepare, and the workload of conformity assessment bodies will likely be more manageable.
Bringing the amendment into force by 1 January 2023, rather than by 1 January 2022, offers manufacturers more time to prepare for the new requirements and source a conformity assessment body to certify their products for the GB market.
Summary of responses
Respondent information
Are you responding to this consultation on behalf of an organisation or as an individual?
| Answer | Amount |
|---|---|
| On behalf of an organisation or company | 22 |
| As an individual | 0 |
Which best describes your organisation’s role?
| Answer | Amount |
|---|---|
| Government department | 0 |
| Other government body | 0 |
| Small firm or self-employed | 2 |
| Employer organisation or trade association | 6 |
| Trade union | 0 |
| Training provider | 0 |
| Consultancy | 0 |
| Private company | 12 |
| Other | 2 |
If you are an employer, how many employees are there in your organisation? If you are a trade association, how many companies do you represent?
| Answer | Amount |
|---|---|
| 0 to 50 | 9 |
| 51 to 200 | 8 |
| Greater than 200 | 5 |
Do you or your organisation deal with transportable pressure equipment?
| Answer | Amount |
|---|---|
| Yes | 22 |
| No | 0 |
If answered Yes, what role do you or your organisation have in relation to transportable pressure equipment?
| Answer | Amount |
|---|---|
| GB-appointed body | 6 |
| Northern Ireland notified body | 1 |
| EU notified body | 2 |
| Manufacturer | 12 |
| Owner | 3 |
| Operator | 5 |
| Distributer | 5 |
| Importer | 10 |
| Consignor of gases | 3 |
| Other | 5 |
Nine respondents selected more than one option for this question.
Consultation questions
Do you support the proposed amendment to the 2009 regulations?
| Answer | Amount |
|---|---|
| Yes | 10 |
| No | 9 |
| Don’t know | 3 |
Do you manufacture transportable pressure equipment?
| Answer | Amount |
|---|---|
| Yes | 14 |
| No | 8 |
Do you manufacture transportable pressure equipment for any of the following markets?
| Answer | Amount |
|---|---|
| Great Britain | 14 |
| Northern Ireland | 13 |
| European Union | 14 |
| None of the above | 1 |
Seven respondents left this question blank and 14 selected more than one option.
If you used the services of a conformity assessment body prior to 1 January 2021, where was the body established?
| Answer | Amount |
|---|---|
| Great Britain | 5 |
| Northern Ireland | 0 |
| European Union | 11 |
| None of the above | 0 |
| Not applicable | 1 |
Seven respondents left this question blank and 2 selected more than one option.
If you have used the services of a conformity assessment body since 1 January 2021, where is the body established?
| Answer | Amount |
|---|---|
| Great Britain | 7 |
| Northern Ireland | 0 |
| European Union | 12 |
| None of the above | 0 |
| Not applicable | 1 |
Seven respondents left this question blank and 5 selected more than one option.
What is the main reason for using the services of your current conformity assessment body?
| Answer | Amount |
|---|---|
| Capacity of conformity inspection bodies | 4 |
| Pricing | 1 |
| Continuity or established relationship | 12 |
| Contractual obligations | 2 |
| Other | 3 |
Eight respondents left this question blank and 5 selected more than one option.
If you intend to switch to using a GB-appointed body for conformity assessments, how long do you expect that process would take?
| Answer | Amount |
|---|---|
| Less than 12 months | 0 |
| 12 months | 0 |
| 18 months | 2 |
| 24 months | 9 |
| More than 24 months | 2 |
| Not applicable | 2 |
Seven respondents left this question blank.
Do you or your organisation conformity-assess transportable pressure equipment?
| Answer | Amount |
|---|---|
| Yes | 7 |
| No | 13 |
Two respondents left this question blank.
Where is your business established?
| Answer | Amount |
|---|---|
| Great Britain | 9 |
| Northern Ireland | 1 |
| European Union | 4 |
| None of the above | 0 |
Twelve respondents left this question blank and 4 selected more than one option.
Do you have capacity to take on additional conformity assessments for the GB market?
| Answer | Amount |
|---|---|
| Yes | 2 |
| No | 3 |
| Don’t know | 2 |
Fifteen respondents left this question blank.
How many active type approvals do you hold?
How long would it take to reissue all of your active type approvals if undertaken as a paper-based exercise?
| Answer | Amount |
|---|---|
| Less than 12 months | 3 |
| 12 months | 0 |
| 18 months | 0 |
| 24 months | 1 |
| More than 24 months | 1 |
17 respondents left this question blank.
What do you expect will be the main challenge when reissuing these type approvals?
| Answer | Amount |
|---|---|
| Capacity | 4 |
| Cost | 2 |
| Other | 1 |
16 respondents left this question blank and one respondent selected more than one option.
Do you have capacity to take on type approvals being transferred from EU notified bodies if undertaken as a paper-based exercise using data from existing type approvals?
| Answer | Amount |
|---|---|
| Yes | 2 |
| No | 3 |
| Don’t know | 3 |
14 respondents left this question blank.
Would the proposed change result in significant cost implications for you, or for your business or organisation?
| Answer | Amount |
|---|---|
| Yes | 20 |
| No | 0 |
| Don’t know | 1 |
One respondent left this question blank.
Would the proposed change result in significant cost savings for you, or for your business or organisation?
| Answer | Amount |
|---|---|
| Yes | 0 |
| No | 19 |
| Don’t know | 2 |
One respondent left this question blank.
Would the proposed change result in any other significant disadvantages for you, or for your business or organisation?
| Answer | Amount |
|---|---|
| Yes | 15 |
| No | 3 |
| Don’t know | 3 |
One respondent left this question blank.
Would the proposed change have any other significant benefits for you, or for your business or organisation?
| Answer | Amount |
|---|---|
| Yes | 2 |
| No | 17 |
| Don’t know | 2 |
One respondent left this question blank.
Our response to questions posed by respondents
Scope of consultation question
An industry respondent asked whether this consultation related only to ending recognition of EU Pi-marked TPE, or if we’re also considering whether to retain the Rho marking.
Our response
The 2009 regulations will be amended to end recognition of EU Pi-marked TPE. The purpose of this consultation was to establish whether this amendment should come into force by 1 January 2022 or by 1 January 2023.
The UK Rho conformity marking was introduced in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (EU Exit) (Amendment) Regulations 2020. Until the regulations are amended the Rho marking remains optional. When the amendment is made, TPE placed on the market in Great Britain must be Rho-marked by a GB-appointed body or Pi-marked by a Northern Ireland notified body and accompanied by the UK(NI) indication.
Movement of TPE question
A conformity assessment body questioned whether the amendment would mean that EU businesses must have their TPE Rho-marked in order to transport them to the UK for filling.
Our response
Under the 2009 regulations, TPE can be carried between Great Britain and an EU member state as long as it complies with ADR/RID, even if it is not Rho-marked. Similarly, the Dangerous Goods Directive 2008/68/EC and the Transportable Pressure Equipment Directive 2010/35/EU permit the carriage of TPE between a member state and a non-EU country if it complies with ADR/RID, even if it is not Pi-marked.
Separate conformity assessment question
An industry respondent questioned whether TPE would need 3 separate conformity assessments to access the GB, EU and NI markets.
Government response
Under the Northern Ireland Protocol, Northern Ireland still follows the requirements of the Transportable Pressure Equipment Directive 2010/35/EU (TPED). EU Pi-marked TPE is accepted in both Northern Ireland and the European Union, so a further conformity assessment would not be necessary to access the market in Northern Ireland. To access both the GB and EU/NI markets dual conformity assessments would be required.
Authorised representative question
An industry association asked whether manufacturers that are not established in GB would be required to appoint an authorised representative based in GB.
Our response
Manufacturers based anywhere can appoint an authorised representative from a relevant territory (GB, NI or an EU member state).
Dual marking of small TPE question
An industry association raised concerns that there may not be enough space for dual marking on smaller items of TPE. The association asked whether there would be relief afforded to manufacturers to meet these requirements.
Our response
At present, there are no plans to amend the regulations for smaller items of TPE. Under the amended regulations, the minimum height of the Rho marking is reduced to 2.5 millimetres for smaller cylinders with a diameter less than or equal to 140 millimetres.
Northern Ireland periodic inspections question
An inspection body asked whether notified bodies based in Northern Ireland will be allowed to undertake periodic inspections for Rho-marked TPE. The body also questioned whether Rho-marked TPE can be placed on the market in Northern Ireland and whether multiple conformity marks will be permitted.
Our response
As Northern Ireland continues to follow the requirements of TPED, TPE being placed on the market must be Pi-marked by a notified body established in the EU or Northern Ireland and Rho marked TPE will not be accepted onto the NI market. Periodic inspections of Pi-marked TPE also need to be compliant with TPED in NI and conducted by EU notified bodies.
Periodic inspections of Rho-marked TPE will need to be undertaken by a GB-appointed body. As GB is continuing to accept TPE which has been conformity assessed by bodies established in Northern Ireland, such bodies will be able to undertake periodic inspections on TPE accepted onto the GB market. Multiple conformity marks are permitted.