(Reference for a preliminary ruling– Approximation of laws– Directive 97/23

European Union law

3According to recitals3 and 6 of Directive 97/23:

‘(3)Whereas the harmonisation of national legislation is the only means of removing these barriers to free trade; whereas this objective cannot be achieved satisfactorily by the individual Member States; whereas this Directive only lays down indispensable requirements for the free circulation of the equipment to which it is applicable;

…

(6)… this Directive harmonises national provisions on hazards due to pressure;… the other hazards which this equipment may present accordingly may fall within the scope of other Directives dealing with such hazards;… however, pressure equipment may be included among products covered by other Directives based on Article100a of the [EC] Treaty;… the provisions laid down in some of those Directives deal with the hazard due to pressure [and] those provisions are considered adequate to provide appropriate protection where the hazard due to pressure associated with such equipment remains small;… therefore, there are grounds for excluding such equipment from the scope of this Directive’.

4Article1 of that directive, entitled ‘Scope and definitions’, provides:

‘1.This Directive applies to the design, manufacture and conformity assessment of pressure equipment and assemblies with a maximum allowable pressure PS greater than 0[.]5bar.

2.For the purposes of this Directive:

2.1.“Pressure equipment” means vessels, piping, safety accessories and pressure accessories. Where applicable, pressure equipment includes elements attached to pressurised parts, such as flanges, nozzles, couplings, supports, lifting lugs, etc.

…

2.1.2.“Piping” means piping components intended for the transport of fluids, when connected together for integration into a pressure system.…

…’

5Article2 of that directive, entitled ‘Market surveillance’, provides, in paragraphs1 and 2:

‘1.Member States shall take all appropriate measures to ensure that the pressure equipment and the assemblies referred to in Article1 may be placed on the market and put into [service] only if, when properly installed and maintained and used for their intended purpose, they do not endanger the health and safety of persons and, where appropriate, domestic animals or property.

2.The provisions of this Directive shall not affect Member States’ entitlement to lay down, with due regard to the provisions of the Treaty, such requirements as they may deem necessary to ensure that persons and, in particular, workers are protected during use of the pressure equipment or assemblies in question provided that this does not mean modifications to such equipment or assemblies in a way not specified in this Directive.’

6Article3 of Directive 97/23, entitled ‘Technical requirements’, provides, in paragraph1:

‘The pressure equipment referred to in 1.1, 1.2, 1.3 and 1.4 must satisfy the essential requirements set out in AnnexI:

…’

7Article4 of that directive, entitled ‘Free movement’, states, in paragraph1(1.1):

‘Member States shall not, on grounds of the hazards due to pressure, prohibit, restrict or impede the placing on the market or putting into service under the conditions specified by the manufacturer of pressure equipment or assemblies referred to in Article1 which comply with this Directive and bear the CE marking indicating that they have undergone conformity assessment in accordance with Article10.’

8Under Article7 of that directive, entitled ‘Committee on Pressure Equipment’, where a Member State considers that, for very serious safety reasons, an item of pressure equipment, an assembly or family of assemblies of such equipment should be subject to the provisions of Article3 of, or AnnexII to, Directive 97/23, it is to request the European Commission, assisted by a standing committee, to take the necessary measures. In accordance with Article7(4), that committee may furthermore examine any other matter relating to the implementation and practical application of that directive and raised by its chairperson either on his or her own initiative or at the request of a Member State.

9Article8 of that directive, entitled ‘Safeguard clause’, provides, in paragraph1, that where a Member State ascertains that pressure equipment or assemblies referred to in Article1, bearing the ‘CE’ marking and used in accordance with their intended use are liable to endanger the safety of persons and, where appropriate, domestic animals or property, it is to take all appropriate measures to withdraw such equipment or assemblies from the market, prohibit the placing on the market, putting into service or use thereof, or restrict free movement thereof. It is to immediately inform the Commission of such measures and to indicate the reasons for its decision.

10AnnexI to Directive 97/23, entitled ‘Essential safety requirements’, provides, in Part1, entitled ‘General’:

‘1.1.Pressure equipment must be designed, manufactured and checked, and if applicable equipped and installed, in such a way as to ensure its safety when put into service in accordance with the manufacturer’s instructions, or in reasonably foreseeable conditions.

…’

Greek law

11By Order D3/Α’/oik.6598 of 20March 2012, the Secretary of State for the Environment, Energy and Climate Change approved the regulation on internal natural gas installations with an operating pressure of up to 0.5 bar and laid down the guidelines on the design, materials, installation, inspection, testing, safety and operation of internal systems and domestic gas installations (FEK B’ 976/28.3.2012) (‘the regulation of 20March 2012’).

12Paragraph1.2.4 of that regulation provides:

‘The method of installation of gas pipes does not fall within the scope of [Directive 97/23 or other] directives and is governed by the present regulation, taking into account the specific characteristics of the country (for example, earthquakes).’

13Annex9 to that regulation, entitled ‘Specifications for pipe systems’, provides, in pointP.9.5.6.9:

‘Pipe conduits in structural cavities

Where pipelines are installed in structural cavities, for example, in false ceilings, the cavity must be ventilated, for example via

–peripheral openings in the surrounding walls,

–two diagonally opposed ventilation apertures each measuring 20cm².

It is recommended that the system be welded and, if possible, protected by conduits.’

14PointP.9.5.8.2 of Annex9 to that regulation provides:

‘Gas pipe lines must not be placed within concrete slabs or within flooring. They may be installed in conduits, in cavities in a false ceiling or within a layer of sound insulation (or similar) above a false ceiling, provided measures are taken to protect them against corrosion as required for buried pipes.’