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(1) These Regulations, which extend to Great Britain, may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1995 and shall come into force on 26th May 1995.
(2) In these Regulations, “the principal Regulations” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990.
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(1) The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2(1)—
(a) at the end of the definition of “the First Specific Directive” there shall be added “and as further adapted to technical progress by Commission Directive 94/26/EC”; and
(b) at the end of the definition of “the Gassy Mines Directive” there shall be added “and as further adapted to technical progress by Commission Directive 94/44/EC”.
(3) For regulation 12 of the principal Regulations there shall be substituted the following:“
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(1) Subject to paragraph (3) below, on or after the coming into force date of the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1995 (in this regulation referred to as “the effective date”), a manufacturer of electrical equipment may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(a) of the unamended Regulations in respect of the electrical equipment for which the application is made) for a certificate of conformity attesting that the electrical equipment which is the subject of the application conforms to the harmonised standards prescribed for that equipment in the unamended Regulations; and in that case the provisions of the unamended Regulations, as appropriate, shall apply as if the application had been made under regulation 4 of those Regulations.
(2) Subject to paragraph (3) below, an application for a certificate of conformity made under regulation 4 or for review under regulation 7 of the unamended Regulations before the effective date shall continue to be dealt with under the unamended Regulations.
(3) No certificate of conformity shall be issued by a certification body under paragraph (1) or (2) above—
(a) in respect of electrical equipment to which the Framework Directive applies, after 29th February 1996; or
(b) in respect of electrical equipment to which the Gassy Mines Directive applies, after 31st December 1996.
(4) Subject to regulation 6 and without prejudice to paragraph (5) below, a certificate of conformity issued in accordance with the unamended Regulations—
(a) before 1st March 1996 in respect of electrical equipment to which the Framework Directive applies; or
(b) before 1st January 1997 in respect of electrical equipment to which the Gassy Mines Directive applies,
irrespective of whether such certificate was issued before, on or after the effective date, shall be regarded as in force for the purposes of regulation 11 (use of the distinctive Community mark) up to and including 30th June 2003.
(5) Subject to regulation 6, a certificate of conformity issued before 1st January 1993 in accordance with regulation 12 of the unamended Regulations applying the harmonised standards in force immediately before 31st December 1991 shall be regarded as in force for the purposes of regulation 11 up to and including 30th June 2003.
(6) In this regulation “the unamended Regulations” means these Regulations as in force immediately before the effective date.”
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
1st May 1995