The Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) (No. 2) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

1.  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 Commission 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.

2.  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.

3.  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. It also preserves the application of the principal Regulations to or in relation to a certificate of conformity issued under those Regulations at any time before 1st January 1993 (whether issued before, on or after the coming into force of these Regulations) (attesting that the electrical equipment to which the Gassy Mines Directive applies conforms to the harmonised standards prescribed in the principal Regulations) and it also provides that, subject to regulation 6 of the principal Regulations, such a certificate and a certificate of conformity issued by virtue of paragraph (1) of new regulation 12 in regulation 2(3) shall remain valid until the end of 31st December 2009.

4.  Regulation 3 revokes the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1991 which are replaced with drafting amendments by these Regulations.