1999 No. 2550
The Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1999
Made
Laid before Parliament
Coming into force
The Secretary of State, being the Minister designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to measures for safety and consumer protection as respects electrical equipment and any provisions concerning the composition, labelling, marketing, classification or description of electrical equipment, in the exercise of the powers conferred on him by that section, and of all other powers enabling him in that behalf, hereby makes the following Regulations:–
Citation, commencement and interpretation1
1
These Regulations may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1999 and shall come into force on 11th October 1999.
2
In these Regulations, “the principal Regulations" means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 M3.
Amendment of the principal Regulations2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
3
For regulation 12 M5 there shall be substituted the following:–
Transitional provisions in respect of electrical equipment to which the Gassy Mines Directive applies12
1
The provisions of the following paragraphs of this regulation shall apply to electrical equipment to which the Gassy Mines 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 1999 (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
No certificate of conformity shall be issued by a certification body under paragraphs (2) or (3) above in respect of electrical equipment after 30th June 2003.
5
Subject to regulation 6 and without prejudice to paragraph (6) below, a certificate of conformity issued in accordance with the unamended Regulations before 1st July 2003, in respect of electrical equipment 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–
a
before 1st January 1993 in accordance with regulation 12 of these Regulations as amended by the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) (No. 2) Regulations 1991 M6 applying the harmonised standards in force immediately before 31st December 1991, or,
b
before 1st January 1997 in accordance with regulation 12 of the principal Regulations applying the harmonised standards in force immediately before 26th May 1995,
shall be regarded as in force for the purposes of regulation 11 up to and including 30th June 2003.
7
In this regulation “the unamended Regulations" means these Regulations as in force immediately before the effective date.
Amendment of The Electricity at Work Regulations3
In sub-paragraph (d) of regulation 19(2) of The Electricity at Work Regulations 1989 M7, for the words “and 94/44/EC" there shall be substituted, “
, 94/44/EC and 98/65/EC M8
”
and this substitution shall have effect as if it had been made under section 15 of the Health and Safety at Work etc. Act 1974 M9 and the provisions of that Act as regards enforcement and offences shall apply to that sub-paragraph.
S.I. 1972/1811.