Dear visitor, regarding the press article of 23.02.2021, we have received many calls and e-mails from owners of pressurised gas containers (propane/butane) of the GAGT e.V., but also many who, as they say, have never dealt with this topic and have now only been awakened by the press article Part I of 23.02. 21. Here is a brief explanation for a better understanding of how to deal with pressurised gas containers (propane/butane) in everyday life. In order not to confuse anyone with simple texts, here is a condensed version of the current legal situation.
Here is some general information: Compressed gas containers are packaging for dangerous goods and deserve special attention, also with regard to their contents and their labelling, e.g. with UFI codes from 01 January 2021.
Everything an owner/customer needs to know about a pressurised gas container (propane/butane) and its handling can be found in the “Ortsbewegliche Druckgeräte-Verordnung” (ODV). This is available to everyone on “Google”. Under § 2 Definitions, all users of this regulation are named with their applicable obligations. Compliance with this regulation is mandatory throughout Europe.
Section 2 Obligations of Economic Operators describes the obligations of manufacturers of these products vis-à-vis ADR/RID and thus the legislator from production and placing on the market, e.g. to consumers of all kinds.
In § 6, the distributor, i.e. the seller/dealer who has sold or will sell this compressed gas container (propane/butane) to the consumer/user, is reminded of his obligations and is also required to do so by the legislator. Among other things, he has to hand over a “certificate of conformity” https://de.wikipedia.org/wiki/Konformit%C3%A4tserkl%C3%A4rung to the consumer. This is an absolute must for a sale. If he is unable to do so, he is legally not allowed to sell this pressurised gas container to the consumer/customer. Where or from whom the distributor/seller ultimately obtains this “certificate of conformity” is irrelevant to you as a customer, but it must correspond one-to-one with all the information and this is to be understood literally, and with your pressurised gas container. If in the past the seller has not handed over this “certificate of conformity” for your pressurised gas container and if he cannot or does not want to comply with this even after a written request from you, you can bring this matter to the attention of the market surveillance authority of the federal state in which you live and are registered and request the authority in writing to request this document for your pressurised gas container from the manufacturer/seller. This is described in detail in § 22 as a market surveillance measure.
The market surveillance authority of the federal state has to give you a file number for this procedure for enquiries by the person making the notification!
In § 27 and § 28, in the case of violations of this ODV, the measures are listed which the authority or the legislator must now initiate if they have contacted him and informed him in writing about the process. Of course, they still have the option of proceeding under German civil/criminal law, even together with a lawyer.
Let us now turn to the case addressed by Peter Ziegler in Part I. Here the following subsequent procedure arises. Since the manufacturer is not prepared to issue a “certificate of conformity” for the “grey cylinder” (proprietary cylinder) in his possession, P. Z. has now written to the seller, a “DIY store”, and requested that it be handed over by 15 March 2021 in accordance with the specifications of the pressure vessel manufacturer. After that, P.Z. reserves the right to instruct a competent court via his lawyers and to ensure clarity on the matter, as well as to make a final judgement.
Also, we will now be filing the…
European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) in our further reporting. This is because there are still questions that the gas industry will have to answer in the near future.
As it will probably not be possible for the parties involved to conclude the matter in the near future, further reporting on the matter will probably be the consequence.
gez. Peter Ziegler CEO