The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 (S.I. 1996/192), as amended by S.I. 1998/81 (which is not relevant to this instrument) and S.I. 2001/3766, (the “1996 Regulations”). The 1996 Regulations implemented, in Great Britain, Directive 94/9/EC of the European Parliament and the Council on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres.

These Regulations

(a) amend the definition of “harmonised standard” to reflect the consolidation of Council Directive 83/189/EEC (as amended) in Directive 98/34/EC (OJ No. L204, 21.7.98, p.37) (regulation 2(a));

(b) substitute wording for regulation 11 of the 1996 Regulations to reflect the recognition of notified bodies under various agreements (regulation 2(b)); and

(c) increase the penalty (in regulation 17) for certain offences created by the 1996 Regulations (regulation 2(c)).

These Regulations also make a consequential amendment to other legislation (regulation 3).

As these Regulations only effect amendments required to regularise certain provisions of the 1996 Regulations and other legislation as well as to amend enforcement provisions of the 1996 Regulations, it has not been necessary to prepare a Transposition Note for this instrument.