The Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations make further amendments to the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 (“the principal Regulations”) to give effect, in Great Britain, to the provisions of Commission Directives 94/26/EC and 94/44/EC which respectively adapt to technical progress:

(a) Council Directive 79/196/EEC (“the First Specific Directive”) concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection; and

(b) Council Directive 82/130/EEC (“the Gassy Mines Directive”) concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp.

2.  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 and the Gassy Mines Directive in the principal Regulations bringing into effect updated harmonised standards.

3.  Regulation 2(3) substitutes a new regulation 12 in the principal Regulations (transitional provisions).

(a) Paragraph (1) 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 (2) 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.

(b) However, a certification body may not issue a certificate of conformity under either paragraph (1) or (2) after 29th February 1996 in respect of electrical equipment to which the Framework Directive applies or after 31st December 1996 in the case of electrical equipment to which the Gassy Mines Directive applies. (Paragraph (3)).

(c) Paragraph (4) provides that certificates of conformity issued before 1st March 1996 in respect of electrical equipment to which the Framework Directive applies or before 1st January 1997 in respect of electrical equipment to which the Gassy Mines Directive applies, irrespective of whether they were issued before 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.

(d) Paragraph (5) preserves the position in respect of certificates of conformity issued in accordance with regulation 12 (transitional provision) of the unamended Regulations but includes provisions similar to those in paragraph (4) as regards the effectiveness of such certificates until 1st July 2003.