Explanatory note
(This note is not part of the Regulations)
These Regulations make further amendments to the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 (S.I. 1990/13) (“the principal Regulations”), which apply in Great Britain, to give effect to the provisions of Commission Directive 97/53/EC (OJ No. L257, 20.9.97, p.27) which further adapt to technical progress Council Directive 79/196/EEC (OJ No. L43, 20.2.79, p.20) (“the First Specific Directive”) concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection.
The principal Regulations enable a manufacturer to apply to an appropriate certification body appointed under those Regulations for a certificate of conformity attesting that the electrical equipment, the subject of the application, conforms to the harmonised standards as defined in those Regulations. Regulation 2(2) of these Regulations extends the definitions of the First Specific Directive in the principal Regulations bringing into effect updated harmonised standards.
In respect of electrical equipment to which Council Directive 76/117/EEC (OJ No. L24, 30.1.76, p.45) (“the Framework Directive”) applies, regulation 2(3) provides that the provisions of regulation 12 in the principal Regulations (transitional provisions) in respect of such equipment shall cease to have effect; regulation 12 will, however, continue to apply to electrical equipment to which Council Directive 82/130/EEC (OJ No. L59, 2.3.82, p.10) (“the Gassy Mines Directive”) applies and to which the principal Regulations also relate.
Regulation 2(4) adds a new regulation 12A which substitutes the following transitional arrangements in respect only of electrical equipment to which the Framework Directive applies (paragraph (1)),—
paragraph (2) enables a manufacturer of electrical equipment which applies to a certification body for a certificate of conformity to have that equipment certified by reference to the harmonised standards in the principal Regulations which are in force immediately before the coming into force of these Regulations (in these Regulations referred to as “the unamended Regulations”). In that case the application is treated as if it had been made under the unamended Regulations. Paragraph (3) provides that applications for a certificate of conformity or for review before the coming into force of these Regulations shall continue to be dealt with under the unamended Regulations;
however, a certification body may not issue a certificate of conformity under either paragraph (2) or (3) after 30th September 1998 (paragraph (4));
paragraph (5) provides that certificates of conformity issued before 30th September 1998, irrespective of whether they were issued before, on or after the coming into force of these Regulations, shall be regarded as in force for the purposes of regulation 11 (use of distinctive Community mark), subject to regulation 6 (withdrawal of certificate), until 1st July 2003; and
paragraph (6) preserves the position in respect of certificates of conformity issued in accordance with the transitional provisions of regulation 12 of the principal Regulations (as in force immediately before 26th May 1995) but includes provisions similar to those in paragraph (5) as regards the effectiveness of such certificates until 1st July 2003.
Further these Regulations amend the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 (S.I. 1996/192) to include reference to them in its Schedule 1 (revocation of regulations) to give effect to their revocation with effect from 1st July 2003.