S.I. No. 355/1998:

EUROPEAN COMMUNITIES (ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES) (AMENDMENT) REGULATIONS, 1998

EUROPEAN COMMUNITIES (ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES) (AMENDMENT) REGULATIONS, 1998

I, Mary Harney, Minister for Enterprise, Trade and Employment, 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 94/26/EC of 15 June 1994¹ and Commission Directive 97/53/EC of 11 September 1997², hereby make the following regulations:

¹O.J. No. L157/33, 24.6.94.

²O.J. No. L257/27 20.9.97.

1. (1) These Regulations may be cited as the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1998.

(2) These Regulations and the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 to 1991 may be cited together as the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 to 1998.

2. In these Regulations, except where the context otherwise requires--

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

"the Regulations of 1991" means the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1991 ( S.I. No. 289 of 1991 ).

3. Regulation 2 of the Principal Regulations is hereby amended in the definition of "the Directive of 1979" (as amended by Regulation 2 of the Regulations of 1991) by the substitution of "1988, Council Directive 90/487/EEC of 17 September 1990⁽¹⁾, Commission Directive 94/26/EC of 15 June 1994⁽²⁾ and Commission Directive 97/53/EC of 11 September 1997⁽³⁾" for "1988 and Council Directive 90/487/EEC of 17 September 1990".

⁽¹⁾O.J. No. L270/23 2.10.1990.

⁽²⁾O.J. No. L157/33 24.6.1994.

⁽³⁾O.J. No. L257/27 20.9.1997.

4. Regulation 5 of the Principal Regulations (as amended by Regulation 2(b) of the Regulations of 1991) is hereby amended by the substitution for clause (A) of the following clause:

"(A) Regulations 37(d) and 38(2) of the Safety, Health and Welfare at Work (General Applications) Regulations, 1993 ( S.I. No. 44 of 1993 ),".

5. (1) Regulation 7 of the Principal Regulations (inserted by the Regulations of 1991) is hereby amended--

(a) in paragraph (a) by --

(i) the substitution of "30th day of June, 2003" for "1st day of January, 2005",

(ii) the substitution of "17th day of September, 1990" for "6th day of February, 1979", and

(iii) the substitution of "1st day of March, 1996" for "31st day of December, 1987", and

(b) in paragraph (b) by --

(i) the substitution of "30th day of June, 2003" for "31st day of December, 2009",

(ii) the substitution of "15th day of June, 1994" for "16th day of January, 1984", and

(iii) the substitution of "30th day of September, 1998" for "1st day of January, 1993".

(2) Regulation 3 of the Regulations of 1991 is hereby amended by the substitution of "1998" for "1991".

GIVEN under my Official Seal, this 23 day of September, 1998.

Mary Harney, T.D.,

Minister for Enterprise Trade, Employment.

EXPLANATORY NOTE

These Regulations amend the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) Regulations, 1981 ( S.I. No. 61 of 1981 ), the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (Amendment) Regulations, 1986 ( S.I. No. 244 of 1986 ) and the European Communities (Electrical Equipment for Use in Potentially Explosive Atmospheres) (amendment) Regulations, 1991. In addition, they implement Commission Directives 94/26/EC and 97/53/EC regarding electrical equipment for use in potentially explosive atmospheres.

The 1981 to 1998 Regulations prescribe that electrical equipment for use in a potentially explosive atmosphere, which meets the technical safety requirements of the relevant EC 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.