Explanatory note

These Regulations amend the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 (“the principal Regulations”) to give effect, with respect to Great Britain, to the provisions of the Commisssion Directive 91/269/EEC (“the Commission Directive”) adapting to technical progress Council Directive 82/130/EEC (“the Gassy Mines Directive”) concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp.

Regulation 2(2) of these Regulations amends the definition of “the Gassy Mines Directive” in regulation 2(1) of the principal Regulations to give effect to Article 1 of the Commission Directive.

Regulation 2(3) of these Regulations inserts a new regulation 12 in the principal Regulations (transitional provisions). The new regulation permits a manufacturer of electrical equipment to which the Gassy Mines Directive applies who makes application to a certification body for a certificate of conformity for issue before 1st January 1993 to apply for that certificate to be issued in accordance with regulation 4 of the principal Regulations as in force immediately before the coming into force of these Regulations and in that case the provisions of the principal Regulations, as appropriate, will apply.

The certificates of conformity (issued by virtue of the principal Regulations before these Regulations came into force or issued before 1st January 1993 by virtue of paragraph (1) of the new regulation 12) shall remain valid until 31st December 2009.