CELEX: 51990PC0013
Language: en
Date: 1990-01-29
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING COUNCIL DIRECTIVE 79/196/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES EMPLOYING CERTAIN TYPES OF PROTECTION

N o C 111/10                           Official Journal of the European Communities                                      5. 5. 90
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Directive amending Council Directive 79/196/EEC on the
              approximation of the laws of the Member States concerning electrical equipment for use in
                         potentially explosive atmospheres employing certain types of protection
                                                COM(90) 13 final - SYN 243
                                    (Submitted by the Commission on 15 February 1990)
                                                        (90/C 111/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          particular, set out the inspection procedures which this
                                                                  equipment must satisfy in order to be imported, put on
                                                                  the market and used freely after undergoing the tests and
                                                                  being provided with the mark and marking prescribed;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a
thereof,                                                          "Whereas Article 4 (4) of Directive 76/117/EEC provides
                                                                  that separate directives shall specify the harmonized
                                                                  standards applicable in all the Member States in respect
                                                                  of such equipment;
Having regard to the proposal from the Commission,
                                                                  Whereas Council Directive 79/196/EEC (2), as last
                                                                  amended by Directive 88/665/EEC (3), achieved the free
In cooperation with the European Parliament,                      movement of electrical equipment by applying the types
                                                                  of protection listed in Article 1 thereof, and lists in detail
                                                                  in Annex 1 the relevant harmonized standards;
Having regard to the opinion of the Economic and
Social Committee,                                                 Whereas, in view of the current state of the art,
                                                                  harmonized standards for other types of protection and
                                                                  for specific equipment are available; whereas in order to
                                                                  achieve the free movement of equipment employing these
Whereas Council Directive 76/117/EEC of 18                        new types of protection, it is necessary to extend the
December 1975 on the approximation of the laws of the             scope of Directive 79/196/EEC to include those types;
Member States concerning electrical equipment for use             whereas it is therefore necessary to amend the said
in potentially explosive atmospheres ('), as last amended         Directive,
by the Act of Accession of Spain and Portugal, has, in
                                                                  O OJ No L 43, 20. 2. 1979, p. 20.
C) OJ No L 24, 30. 1. 1976, p. 45.                                (3) OJ No L 382, 31. 12. 1988, p. 42.
 ---pagebreak--- 5. 5. 90                           Official Journal of the European Communities                        N o C 111/11
          HAS ADOPTED THIS DIRECTIVE:
                                                          Article 1
          Directive 79/196/EEC is hereby amended as follows:
          1. The following is added to Article 1 :
             '— encapsulation "m",
              — intrinsically safe electrical systems " i " '.
         2. References to the following European standards are added to Annex I:
             'EN 50028           Electrical    apparatus for        potentially
                                 explosive    atmospheres: encapsulation
                                 "m"                                            1 February 1987
             EN 50039            Electrical apparatus for           potentially
                                 explosive atmospheres: intrinsically safe
                                 electrical systems " i "                       1 March 1980
             EN 50050            Electrostatic      hand-held         spraying
                                 equipment                                      1 January 1986
             EN 50053 part 1     Hand-held electrostatic paint spray guns
                                with an energy limit of 0,24 mj and their
                                 associated apparatus                           1 February 1987
             EN 50053 part 2     Hand-held electrostatic powder spray
                                guns with an energy limit of 5 mj and
                                their associated apparatus                      1 June 1989
             EN 50053 part 3    Hand-held electrostatic flock spray guns
                                with an energy limit of 0,24 mj or 5 mj
                                and their associated apparatus                  1 June 1989'
                                                         Article 2
         Member States shall bring into force the laws, regulations and administrative provisions
         necessary to comply with this Directive by 1 July 1992 and shall forthwith inform the
         Commission thereof.
         The provisions adopted pursuant to the first subparagraph shall make express reference to this
         Directive.
         Member States shall communicate the texts of the provisions of national law which they adopt
         in the field covered by this Directive to the Commission.
                                                         Article 3
         This Directive is addressed to the Member States.