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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

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3.—(1) These Regulations apply to products which—

(a)fall within the meaning of “product” in paragraph (2); and

(b)are not excluded by paragraph (3).

(2) A “product” means—

(a)equipment and protective systems intended for use in potentially explosive atmospheres;

(b)safety devices, controlling devices and regulating devices intended for use outside potentially explosive atmospheres but required for or contributing to the safe functioning of equipment and protective systems with respect to the risks of explosion; and

(c)components intended to be incorporated into equipment and protective systems referred to in sub-paragraph (a).

(3) The following products are excluded from the definition in paragraph (2)—

(a)medical devices intended for use in a medical environment;

(b)equipment and protective systems where the explosion hazard results exclusively from the presence of explosive substances or unstable chemical substances;

(c)equipment intended for use in domestic and non-commercial environments where potentially explosive atmospheres may only rarely be created, solely as a result of the accidental leakage of fuel gas;

(d)personal protective equipment covered by Council Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment(1);

(e)seagoing vessels and mobile offshore units together with equipment on board such vessels or units;

(f)means of transport (other than vehicles intended for use in a potentially explosive atmosphere), including vehicles and their trailers intended solely for transporting passengers by air or by road, rail or water networks and means of transport in so far as such means are designed for transporting goods by air, by public road or rail networks or by water;

(g)the equipment covered by Article 346(1)(b) of the Treaty on the Functioning of the European Union; and

(h)products which have been placed on the market before the commencement date.

(1)

O.J. L 399, 30.12.1989, p. 18

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