GCEs’ response to the Introduction of the 2023 Transportable Pressure Equipment regulations for the market in Great Britain and Rho mark compliance for Cylinder Valves

 

“Following its departure from the EU, the UK had to introduce a number of new regulations to replace the former European directives that were no longer valid. Accordingly, the Department of transport issued new guidance for Transportable Pressure Equipment (TPE)for implementation in January 2023”.

 

Introduction

These new 2023 TPE regulations affect all Equipment used on Compressed Gas Cylinders, including Cylinder Valves, detailing how they should be introduced and controlled using the Rho mark in Great Britain (Note: separate rules have been issued for Northern Ireland).

All Pressure Equipment manufacturers (including those for Cylinder Valves) and Gas Cylinder suppliers are now required to be compliant with this Guidance since 1st January 2023 to legally place Cylinders and Valves onto the market in Great Britain and are therefore obliged to inform their customers to ensure they are all aware of these new regulations. Moreover, these new regulations have been endorsed by the British Compressed Gas Association (BCGA) that has also issued its own guidance notes. (see the BCGA references in the Appendix below)

Summary

It is important for all the GCE customers to be aware that it was mandatory from 1st January 2023 to place the Rho mark alongside the approval body number on Cylinder Valve. Failure to do so will contravene the TPE UK Department for transport regulations and BCGA Guidance.

GCE would therefore recommend that its customers audit their Cylinder and Cylinder Valve fleet to ensure adherence to these new 2023 TPE UK regulations.

 

In response to these new regulations GCE has now made available to its customers a complete range of Cylinder Valves with Rho mark for the GB market.

GCE has a complete range of Cylinder Valves Industrial Medical and Specialty gases already available in compliance with the transportable pressure equipment requirements with the Rho marking.

To be compliant each Valve manufacturer has to display on each Valve the Rho mark alongside the number of the appointed approval body that are accredited by UKAS.

In GCEs case the approval body is Arrowhead Industrial Services Ltd (approval body number = 1266) and you can see examples of the markings on the different ranges in the pictures below.

 

Examples of where you can find the Rho mark on GCE valves

  

 

What the implementation of these New 2023 TPE Regulations in GB means for the Gas Industry

Background and Introduction

From 1st January 2023 new rules apply to Transportable Pressure Equipment (TPE)being placed on the market in Great Britain, as from this date only TPE which has been conformity assessed by a GB appointed body, or qualifying Northern Ireland TPE, can be placed on the market in Great Britain.

Pi- marked EU conformity assessed TPE which was placed on the GB market before 1 January 2023 can remain in the market, as long as it complies with the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(“CDG 2009”).

Following a public consultation period CDG 2009 has been amended to require from 1st January 2023 that TPE may only be placed on the GB market if it has been conformity assessed by a GB appointed and established body and affixed with the UK Rho mark, or if it complies with the Dangerous Goods and Use of transportable pressure equipment regulations(Northern Ireland) 2010(as amended) and is Qualifying Northern Ireland TPE.

Placing TPE on the Market and Rho mark for Cylinder Valves

Placing TPE on the market refers to each individual item of TPE (such as a high-pressure Cylinder Valve). Proof of placing on the market can be shown using business transactions such as contracts for sale or invoices and shipping documents.

TPE being placed on the GB market must be conformity assessed by a GB appointed body and the Rho mark on Cylinder Valves becomes mandatory from 1st January 2023

TPE already placed on the GB market by 31st December 2022 can remain in use and be refilled, as long as it continues to comply with international agreements on the carriage of dangerous goods by rail (RID) or road (ADR). This includes TPE for hire, rent, or a lease agreement.

Pi- marked TPE placed on the EU or UK market by 31st December 2020 can remain in use and be used in both markets. However, Pi Marked TPE which was not placed on the GB market before 1st January 2023 can be used to carriage of dangerous goods between GB and the EU,but may not be placed on the GB market and transported exclusively with GB, unless it meets the requirements of CDG 2009.

Rho marked TPE cannot be placed on the EU market but can be used if it complies to RID/ADR for carriage of goods between GB and an EU member state.

From 1st January 2023 dual Rho and Pi conformity Marking of valves will be permitted, as long as they are conformity assessed by a GB appointed body and EU notified body.

Future Periodic Inspection and Test

Periodic inspection for Rho marked TPE must be conducted by a GB appointed body in accordance with RID/ADR and CDG 2009.Rho marked TPE that passes a periodic inspection and test conducted by a GB appointed body may be transported to and from the EU in accordance with RID / ADR.

Periodic inspection for Pi marked TPE that was placed on the market before 1st January 2023 can be conducted using 3 options:

An EU notified body in accordance with RID/ ADR and TPED. For the purposes of CDG 2009 TPE continues to be Pi Marked TPE and does not need to be Rho marked

A GB appointed body may conduct the tests in accordance with RID/ ADR without Rho mark being affixed.

3) A GB appointed body may conduct the tests in accordance with RID/ ADR and convert PI marked TPE to UK TPE. In this case the Pi Mark can be affixed to the TPE. This TPE can then be used in the UK but not in the EU.

There will be no requirement to affix Rho mark to a Pi marked TPE already on the market. The Rho mark may only be applied if a GB appointed body is conducting the periodic inspection.

When converting a Pi marked TPE to UK TPE the following marks on the TPE must be affixed

(i)Rho Mark

(ii)Date of periodic inspection and test

(iii) Identification number of the GB appointed body responsible for the periodic inspection and test.

Implications for Cylinder Valves

All Cylinder valves are considered as TPE and those placed on the GB market from 1 st January 2023 require Rho marking.

In practice Rho marking valves will only be necessary where Pi Mark would have been required under EU TPED. Cylinder Valves that were not in the scope of TPED, such as those with CE mark will be replaced using a UKCA mark for those placed on the GB market.

However, Pi marked valves that were placed on the UK market before 1st January 2023 do not need to be Rho marked and can be used after that date.

Implications for Cylinder Bundles

Cylinder Bundles consisting of several cylinder manifolded together placed on the GB market after 1 st January 2023 will need to be conformity assessed by a GB appointed body and the frame of the bundle must be Rho marked and all the cylinders in the bundle individually assessed and marked with Rho or Pi mark.

Implications for authorised representatives and subcontractors

The existing rules for authorised representatives used by manufacturers not established in GB will still apply to fulfil the obligations of CDG 2009.

Moreover, GB appointed bodies may continue to appoint subcontractors in accordance with 1.8.6 and 1.8.7 of RID / ADR.

For more information about GCE's complete range of cylinder valves with Rho mark available on the GB market please contact the UK sales team here.

 

Appendix

BCGA Guidance Notes and UKAS approved body accreditation.

BCGA Guidance Note GN48

https://bcga.co.uk/publications/gn48-type-approval-and-conformity-assessment-of-transportable-pressure-equipment-in-the-uk-2022/ 

BCGA FAQ Brexit and TPE

https://bcga.co.uk/publications/tpe-faq-transportable-pressure-equipment/

https://bcga.co.uk/dft-guidance-on-transportable-pressure-equipment/ 

UKAS approved body Accreditation 

https://www.ukas.com/accreditation/standards/approved-body-accreditation