S.I. No. 289/1991 - European Communities(Electrical Equipment For Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1991.

I, MICHAEL O'KENNEDY, 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 Commission Directive No. 88/571/EEC of 10 November, 1988¹ and Council Directive No. 90/487/EEC of 17 September, 1990⁽²⁾ hereby make the following Regulations:

⁽¹⁾O.J No. L.311/46, 17.11.1988.

⁽²⁾O.J No. L.270/23, 2.10.1990.

1. (1) These Regulations may be cited as the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1991.

(2) The European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 and 1986, and these Regulations may be cited together as the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 to 1991.

(3) These Regulations shall come into operation on the 1st day of December, 1991.

2. The European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 ( S.I. No. 61 of 1981 ), are hereby amended—

(a) in Regulation 2, by the substitution of the following definition for the definition of "the Directive of 1979":

"'the Directive of 1979' means, except where the context otherwise requires, Council Directive No. 79/196/EEC of 6 February, 1979⁽³⁾ as amended by Commission Directive No. 84/47/EEC of 16 January 1984⁽⁴⁾, Commission Directive 88/571/EEC of 10 November, 1988 and Council Directive 90/487/EEC of 17 September, 1990.",

⁽³⁾O.J No. L.43/20, 20.2.1979.

⁽⁴⁾O.J No. L.31/19, 2.2.1984.

(b) by the substitution of the following Regulation for Regulation 5 (inserted by the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986 ( S.I. No. 244 of 1986 )):

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

(a) conforms with the harmonised standards specified in Annex 1 to the Directive of 1979 which, having regard to the type of protection employed in the equipment, are appropriate, or

(b) differs from the said standards—

(i) but 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 being within paragraph (a) or (b) 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) Regulations 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 ),

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

(H) Regulation 18 (1) of the Safety, Health and Welfare (Offshore Installations) (Operations) Regulations, 1991 ( S.I. No. 16 of 1991 ).",

and

(c) by the insertion of the following Regulation after Regulation 6:

"7. (a) Until the 1st day of January, 2005, the measures provided for in Article 4 of the Directive of 1975 as regards the equipment for which conformity to the harmonised standards referred to in the Directive of 1979 in its version of the 6th day of February, 1979, is attested by the certificate of conformity referred to in Article 8 of the Directive of 1975, shall continue to apply if the certificate was issued before the 31st day of December, 1987.

(b) Until the 31st day of December, 2009, the measures provided for by Article 4 of the Directive of 1975 as regards the equipment for which conformity to the harmonised standards referred to in the Directive of 1979 in its version of the 16th day of January 1984, is attested by the certificate of conformity referred to in Article 8 of the Directive of 1975 shall continue to apply if the certificate is issued before 1st day of January, 1993.".

3. The European Communities (Electrical Equipment for use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1981 to 1991, shall be deemed to be an existing enactment within the meaning of section 2 of the Safety and Health at Work Act, 1989, and that Act shall be construed and have effect accordingly.

4. Regulation 6 of the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986 ( S.I. No. 244 of 1986 ), is hereby revoked.

GIVEN under my Official Seal, this 26th day of November, 1991.

MICHAEL O'KENNEDY,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 ( S.I. No. 61 of 1981 ) and the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986 ( S.I. No. 244 of 1986 ). In addition, they implement Commission Directive 88/571/EEC and Council Directive 90/487/EEC regarding electrical equipment for use in potentially explosive atmospheres.

The 1981 and 1986 Regulations prescribe that electrical equipment for use in a potentially explosive atmosphere, 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 legislation. The Regulations do not apply to medical equipment or to equipment designed for work underground in mines susceptible to fire damp.