S.I. No. 244/1986 - European Communities (Electrical Equipment For Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986.

S.I. No. 244 of 1986.

EUROPEAN COMMUNITIES (ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES) (AMENDMENT) REGULATIONS, 1986.

I, RUAIRI QUINN T.D., 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, 1975.¹ Council Directive No. 79/196/EEC of 6 February, 1979² and Commission Directive No. 84/47/EEC of 16 January, 1984,³ hereby make the following Regulations:

¹OJ No. L24/45 30.1.1976.

²OJ No. L43/20 20.2.1979.

³OJ No. L31/19 2.2.1984.

1. (1) These Regulations may be cited as the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations.1981 and 1986.

2. In these Regulations "the Principal Regulations" means the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations. 1981 ( S.I. No. 61 of 1981 ).

3. Regulation 4 of the Principal Regulations shall be construed as if the reference therein to the Distinctive Community Mark were a reference to the mark in Annex II of Commission Directive No. 84/47/EEC of 16 January, 1984³, and specified in the Schedule to these Regulations and having the form and proportions shown in that Schedule.

³OJ No. L31/19 2.2.1984.

4. The following Regulation is hereby substituted for Regulation 5 of the Principal Regulations:

"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 1 to the Directive of 1984 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—

(A) Regulations 7 (2) and 7 (4) of the Factories (Electricity) Regulations, 1972 ( S.I. No. 3 of 1972 ),

(B) Regulations 7 (2) and 7 (4) of the Quarries (Electricity) Regulations, 1972 ( S.I. No. 50 of 1972 ),

(C) Regulation 24 (1) of the Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 ),

(D) Regulations 53 (4) and 53 (5) of the Dangerous Substances (Oil Jetties) Regulations, 1979 ( S.I. No. 312 of 1979 ),

(E) Regulation 66 (1) of the Dangerous Substances (Petroleum Bulk Stores) Regulations, 1979 ( S.I. No. 313 of 1979 ),

(F) Regulations 31 (2) (b), 44 (1) and 44 (4) (d) of the Dangerous Substances (Conveyance of Petroleum by Road), Regulations, 1979 ( S.I. No. 314 of 1979 ), and

(G) Regulations 4 (d), 14 and Regulation 18 (c) of the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1980 ( S.I. No. 235 of 1980 ).".

5. Regulation 6 (3) of the Principal Regulations is hereby amended by the substitution of "£300" for "£200".

6. Until the 1st day of January, 2005 the measures provided for in Article 4 of Directive 76/: 17/EEC ¹ as regards the equipment for which conformity to the harmonised standards referred to in Directive 79/196/EEC ² in its version of the 6th day of February, 1979, is attested by the certificate of conformity referred to in Article 8 of Directive 76/117/EEC ¹ shall continue to apply, provided that this certificate has been issued before the 31st day of December, 1987.

Regulation 3

SCHEDULE.

Distinctive Community Mark.

GIVEN under my Official Seal this 7th day of July, 1986.

RUAIRI QUINN T.D.,

Minister for Labour.

EXPLANATORY NOTE.

The European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 ( S.I. No. 61 of 1981 ) 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 the technical safety requirements of the relevant EEC Directives and is marked with the Distinctive Community Mark, shall be taken as complying with the requirements of the appropriate domestic regulations.

These Regulations amend the 1981 Regulations and implement Commission Directive 84/47/EEC which provides for revised technical standards and a revised distinctive Community Mark. The Regulations also implement a provision of the Directive permitting, in certain circumstances, the continuation of an existing alternative method of compliance until 1st January, 2005.