The Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1998

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1998 and shall come into force on 28th February 1998.

(2) In these Regulations, “the principal Regulations” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990(1) and, for the purposes of regulation 2(3), “the Framework Directive” has the same meaning as that in the principal Regulations.

Amendment to the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2(1), in the definition of “the First Specific Directive”, for the words “Commission Directive” there shall be substituted the words “Commission Directives” and at the end of the said definition there shall be added “and 97/53/EC(2)”.

(3) In regulation 12, the provisions in respect of electrical equipment to which the Framework Directive applies shall cease to have effect in relation to that equipment.

(4) After regulation 12, the following regulation shall be added—

“Transitional provisions in respect of electrical equipment to which the Framework Directive applies

12A.— (1) The provisions of the following paragraphs of this regulation shall apply to electrical equipment to which the Framework Directive applies.

(2) Subject to paragraph (4) below, on or after the coming into force date of the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1998 (in this regulation referred to as “the effective date”), a manufacturer of electrical equipment may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(a) of the unamended Regulations in respect of the electrical equipment for which the application is made) for a certificate of conformity attesting that the electrical equipment which is the subject of the application conforms to the harmonised standards prescribed for that equipment in the unamended Regulations; and in that case the provisions of the unamended Regulations, as appropriate, shall apply as if the application had been made under regulation 4 of those Regulations.

(3) Subject to paragraph (4) below, an application for a certificate of conformity made under regulation 4 or for review under regulation 7 of the unamended Regulations before the effective date shall continue to be dealt with under the unamended Regulations.

(4) Notwithstanding regulation 12(3)(a) of the unamended Regulations, no certificate of conformity shall be issued by a certification body under paragraph (2) or (3) above in respect of electrical equipment after 30th September 1998.

(5) Subject to regulation 6 and without prejudice to paragraph (6) below, a certificate of conformity issued in accordance with the unamended Regulations before 30th September 1998, irrespective of whether such certificate was issued before, on or after the effective date, shall be regarded as in force for the purposes of regulation 11 (use of the distinctive Community mark) up to and including 30th June 2003.

(6) Subject to regulation 6, a certificate of conformity issued before 1st March 1996, in accordance with regulation 12 of the principal Regulations as in force immediately before 26th May 1995, shall be regarded as in force for the purposes of the said regulation 11 up to and including 30th June 2003.

(7) In this regulation references to “the unamended Regulations” means these Regulations as in force immediately before the effective date.”.

Amendment to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996

3.  In Schedule 1 (revocation of regulations) to the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996(3), there shall be added “The Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1998(4)” in its first column and the date “1st July 2003” in its second column.

John Battle,

Minister for Science, Energy and Industry,

Department of Trade and Industry

19th January 1998