The Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directives No.76/117/EEC (OJ No. L24, 30.1.76, p. 45) concerning electrical equipment for use in potentially explosive atmospheres, 79/196/EEC (OJ No.L43, 20.2.79, p. 20) concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection, as adapted to technical progress by Commission Directives No.84/47/EEC (OJ No.L31, 2.2.84, p. 19) and 88/571/EEC (OJ No.L311, 17.11.88, p. 46) and Council Directive No.82/130/EEC (OJ No. L59, 2.3.82 p. 10) concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp, as adapted to technical progress by Commission Directive No.88/35/EEC (OJ No.L20, 26.1.88, p. 28).

The Regulations —

(a) require the Secretary of State to appoint certification bodies for specified purposes on such conditions and for such periods as he thinks fit, and empower him to revoke any such appointments (regulation 3);

(b) enable a manufacturer to apply to an appropriate certification body for a certificate of conformity attesting that the electrical equipment, the subject of the application, conforms to the harmonised standards specified in the relevant Directive; and empower the certification body to carry out such checks, examinations and tests as are required for it to determine whether the equipment conforms to those standards and to issue to the manufacturer a certificate of conformity if it determines that the equipment conforms to those standards (regulation 4);

(c) enable a manufacturer to apply to an appropriate certification body for an inspection certificate attesting that the electrical equipment, the subject of the application, offers a degree of safety at least equivalent to that of the harmonised standards; and empower the certification body to carry out such checks, examinations and tests as are required for it to determine whether the equipment offers that degree of safety and if it determines that the equipment offers that degree of safety require the certification body to follow the specified procedure before issuing an inspection certificate to the manufacturer (regulation 5);

(d) require a certification body to send a written notice to the manufacturer where it refuses to issue a certificate of conformity or an inspection certificate or withdraws, in specified cases, the certificate previously issued by it (regulation 6);

(e) enable a manufacturer to apply to the Secretary of State for a review of a decision by a certification body refusing to issue a certificate of conformity or an inspection certificate or issuing him a certificate on or subject to any condition whereby he is aggrieved or withdrawing the certificate previously issued by it (regulation 7);

(f) provide the procedure for a review (regulation 8);

(g) require the Secretary of State to send a list of the certification bodies appointed by him to the European Commission and to other Member States (regulation 9);

(h) require the manufacturer who has applied for a certificate of conformity or an inspection certificate to allow the certification body reasonable access to the place where the electrical equipment is manufactured if such access is essential to assist the proper determination of the application or for the purpose of carrying out surveillance of the manufacture of the equipment (regulation 10);

(i) empower the manufacturer to affix to the electrical equipment the appropriate distinctive Community mark; require the manufacturer to supply with the equipment instructions defining the special conditions governing the use of the equipment, if so required by the certificate of conformity or the inspection certificate; and make it an offence for a manufacturer to affix to the electrical equipment the appropriate distinctive Community mark unless there is in force the appropriate certificate in relation to that equipment and the equipment complies in all respects with the terms of the relevant certificate, or for any person to affix to the electrical equipment any mark liable to be confused with the appropriate distinctive Community mark (regulation 11).