S.I. No. 61/1981 - European Communities (Electrical Equipment For Use in Potentially Explosive Atmospheres) Regulations, 1981.

S.I. No. 61 of 1981.

EUROPEAN COMMUNITIES (ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES) REGULATIONS, 1981.

I, TOM NOLAN, Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 76/117/EEC of 18 December, 1975¹, and Council Directive No. 79/196/EEC of 6 February 1979², hereby make the following regulations:

¹OJ No. L 24/45 30.1.76

²OJ No. L 43/20 20.2.1979

1. These Regulations may be cited as the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981.

2. In these Regulations—

"the Directive of 1975" means Council Directive No. 76/117/EEC of 18 December, 1975¹;

¹OJ No. L 24/45 30.1.76

"the Directive of 1979" means Council Directive No. 79/196/EEC of 6 February, 1979²;

²OJ No. L 43/20 20.2.1979

"the Distinctive Community Mark" has the meaning assigned to it by Regulation 4;

"electrical equipment" has the meaning assigned to it by Article 2 of the Directive of 1975;

"a potentially explosive atmosphere" has the meaning assigned to it by Article 3 of the Directive of 1975.

3. (1) Subject to paragraph (2) of this Regulation, these Regulations apply to any electrical equipment which is electrical equipment to which the Directive of 1975 or the Directive of 1979 applies, that is to say:

( a ) any electrical equipment, not being medical equipment or equipment referred to in paragraph (2) of this Regulation, which is capable of use in a potentially explosive atmosphere, and

( b ) electrical equipment for use in a potentially explosive atmosphere which employs one or more of the types of protection specified in Article I of the Directive of 1979.

(2) These Regulations shall not apply to electrical equipment used in a potentially explosive atmosphere in a mine which is susceptible to fire damp.

4. Electrical equipment to which these Regulations apply shall be marked with the mark (in these Regulations referred to as "the Distinctive Community Mark") specified in the Schedule to these Regulations and having the form and proportions shown in that Schedule.

5. Where electrical equipment to which these Regulations apply is marked with the Distinctive Community Mark and—

( a ) it conforms with the harmonised standards specified in Annex I to the Directive of 1979 which, having regard to the type of protection employed in the equipment, are appropriate, or

( b ) if it differs from the said standards—

(i) it offers the degree of safety specified in Article 4(1) of the Directive of 1979, and

(ii) the degree of safety so offered is attested in the manner described in the said Article 4(1),

it shall, by reason of being so marked and complying with the requirements of paragraph (a) or (b), as the case may be, of this Regulation, be regarded as complying with the requirements of paragraphs (2) and (4) of Regulation 7 of the Factories (Electricity) Regulations, 1972 ( S.I. No. 3 of 1972 ).

6. (1) A person shall not mark electrical equipment to which these Regulations apply with a mark or inscription so closely resembling the Distinctive Community Mark as to be likely to confuse or deceive.

(2) A person shall not sell or offer or expose for sale, or supply for reward, electrical equipment to which these Regulations apply which is marked with a mark or inscription so closely resembling the Distinctive Community Mark as to be likely to confuse or deceive.

(3) A person who contravenes paragraph (1) or (2) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

SCHEDULE

Distinctive Community Mark

b=0.4a

c=0.25a

e min = 0.03a

GIVEN under my Official Seal, this 24th day of February, 1981.

TOM NOLAN,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations prescribe that electrical equipment for use in a potentially explosive atmosphere (with the exception of equipment designed for work underground in mines susceptible to fire damp and of medical equipment) which meets technical safety requirements of EEC Directives and is marked with the Distinctive Community Mark, shall be taken as complying with the appropriate regulations of the Factories (Electricity) Regulations, 1972 ( S.I. No. 3 of 1972 ).