COMMISSION DIRECTIVE 98/65/EC of 3 September 1998 adapting to technical progress Council Directive 82/130/EEC on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 82/130/EEC of 15 February 1982 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp (1), as last amended by Commission Directive 94/44/EC (2), and in particular Article 7 thereof,
Whereas, in view of the present state of technical progress, it is now necessary to adapt the contents of the harmonised standards referred to in Annex A to Directive 82/130/EEC;
Whereas, in view of the present state of the standardisation of the types of protection involved, it is necessary to provide for the first and second editions of the standards for electrical equipment for use in potentially explosive atmospheres to be used in parallel;
Whereas certificates issued on the basis of the first edition standards listed in Annex A to Directive 82/130/EEC, as amended, are referred to as 'generation D certificates`, and certificates issued on the basis of the second edition standards listed in Annex I to this Directive are referred to as 'generation E certificates`; whereas 'generation D certificates` and 'generation E certificates` are to be used in parallel;
Whereas Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (3) stipulates that Directive 82/130/EEC be repealed as from 1 July 2003;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Restricted Committee of the Safety and Health Commission for the Mining and other Extractive Industries,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 82/130/EEC is hereby amended as follows:
1. in the first sentence of Annex A, the reference to the 'table below` shall be replaced by the 'tables below`;
2. Annex I to the present Directive shall be added to Annex A;
3. Annex II to the present Directive shall be added to Annex B.
Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1999 and shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.
Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or adopt in the field governed by this Directive.
Article 3
This Directive is addressed to the Member States.
It shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Done at Brussels, 3 September 1998.