http://www.legislation.gov.uk/uksi/2016/1092/regulation/38AThe Simple Pressure Vessels (Safety) Regulations 2016texttext/xmlenStatute Law DatabaseHEALTH AND SAFETYCONSUMER PROTECTION2025-03-17Expert Participation2024-10-01 These Regulations transpose Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of member States relating to the making available on the market of simple pressure vessels (recast) (OJ L 96, 29.3.2014, p.45) (“the Directive”). PART 238A1In this regulation—aany reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;b“CE marking” has the meaning given to it in Article 2(17);c“harmonised standard” has the meaning given to it in Article 2(9).2Subject to paragraphs (6) and (7), paragraph (3) applies where, before placing a category A vessel on the market, the manufacturer—aensures that the vessel has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;bensures that the relevant conformity assessment procedures that apply to that vessel in accordance with Article 13(1) and (2) have been carried out;cdraws up the technical documentation referred to in Annex II;densures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;eaffixes a CE marking and the inscriptions, in accordance with Articles 15 and 16(1) to (4);fdraws up an EU declaration of conformity, in accordance with Article 14; andgensures that the EU declaration of conformity is prepared in or translated into English.3Where this paragraph applies—athe requirements of regulations 4(1), 5, 6(1) to (3) and (5) are to be treated as being satisfied;bregulations 2(5)(a), 6(4), 8, 9(2), 16(2) and 38 apply subject to the modifications in paragraph (10);cPart 3 does not apply; anddregulation 62 does not apply.4Subject to paragraphs (6) and (7), paragraph (5) applies where, before placing a category A vessel on the market, the importer ensures that—athe relevant conformity assessment procedures that apply to that vessel in accordance with Article 13(1) and (2) have been carried out;bthe manufacturer has drawn up the technical documentation referred to in Annex II; andcthe vessel bears the CE marking and inscriptions referred to in point 1 of Annex III.5Where this paragraph applies—athe requirements of regulation 18(a) to (c) are to be treated as being satisfied; andbregulations 2(5)(a), 19(1), 23 and 26 apply subject to the modifications in paragraph (10).6This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard referred to in Article 12.7Where paragraph (6) applies, paragraphs (2)(b) and (4)(a) are to be treated as requiring the manufacturer to have carried out—athe conformity assessment procedure set out in Article 13(1)(b); andbthe relevant conformity assessment procedure that applies to that product in accordance with Article 13(2).8Paragraph (9) applies where, before making a category A vessel available on the market, a distributor ensures that the vessel bears the CE marking and inscriptions referred to in point 1 of Annex III.9Where this paragraph applies—aregulation 29(a)(i) is to be treated as being satisfied; andbregulations 2(5)(a), 30(1) and 32 apply subject to the modifications in paragraph (10).10The modifications referred to in paragraphs (3)(b), (5)(b) and (9)(b) are that—aany reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;bany reference to “UK marking” is to be read as a reference to the CE marking;cany reference to “essential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex I;dany reference to “designated standard” is to be read as a reference to a harmonised standard;eany reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedures that apply to the vessel in accordance with Article 13(1) and (2);fany reference to “technical documentation” is a reference to the technical documentation referred to in Annex II.Regs. 38A-38D inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 21 para. 24 (with Sch. 21 para. 37) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 13(6)); 2020 c. 1, Sch. 5 para. 1(1)