CELEX: 51977PC0660
Language: en
Date: 1977-12-12
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States concerning the general requirements of construction and certain types of protection for electrical equipment for use in potentially explosive atmospheres (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 660
Vol. 1977/0212
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(77)660 final.
                                                  Brussels , 12 December 1977
                               Proposal for a
                              COUNCIL DIRECTIVE
  on the approximation of the laws of the Member States concerning
      the general requirements of construction and certain types
             of protection for electrical equipment for use
                   in potentially explosive atmospheres
              ( submitted, to the Council by the Commission)
COIï(77 ) 660 final .
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
 Council Directive 76 / 117 / EEC of 18 December 1975 on the approximation of the
 laws of the Member States concerning electrical equipment for use in potentially
 explosive atmospheres stipulates that the Member States must comply with the
 provisions contained therein within 15 months of notification of the firrt
 specific Directive in this field .
 Although Directive 76/ 117 / EEC introduces a certain number of rules of pro­
 cedure aimed at removing technical barriers to trade in electrical equip -, ert
 for use in potentially explosive atmospheres , it cannot be brought intc force
 by the Member States directly and irrespective of any implementing directives ,
 since it is based on the principle of reference to harmonized standards .
 However , Article 4 of the Directive defines as harmonized standards " stand ? re's
 to which reference will subsequently be made in specific Council Directives ."
 In order to enable Directive 76/ 117 / EEC to be implemented , therefore , the
 Commission has presented the proposal for a Directive annexed hereto , the
main aim of which is to recommend that the Council recognize seven harronized
 standards .
 It should be pointed out that , when Directive 76 / 117 / EEC was adopted , the
Commission had undertaken to introduce the first implementing Directive
within 18 months , i.e. , before 18 June 1977 .
The several months' delay of the Services of the Commission in drawing up th's
proposal is due principally to the fact that it was necessary to wait for the
CENELEC ( European Electrotechnical Standardization Committee ) to complete the
tasks assigned to it by the Commission concerning the harmonization of standards
in this field . The latest findings on the seven standards envisaged under this
proposal are fairly recent , but it was of a certain importance that they all
be presented together . On the one hand , this is because they cover the most
widely used equipment in the area falling within the scope of Directive
76 / 117 / EEC . On the other hand , it was important that these standards be
submitted jointly for approval by the Council , in order to balance the
economic advantages of free movement vis-a- vis the most widespread of the
various existing types of protection , and it was the research which this
involved which resulted in a certain amount of delay in finalizing matters .
 ---pagebreak--- It should be added , moreover , that CENELEC is continuing its efforts to achieve
harmonization and is working on other standards in this area . Obviously , if
this work is completed before the Council has acted on the proposal annexed
hereto , the Commission will adopt a very flexible attitude and , if necessary ,
will amend its proposal so as to incorporate as swiftly as possible the
results of the harmonization measures implemented under Community legislation .
It should be remembered that the Services of the Commission are preparing
another draft directive with the help of the Mines and Other Extractive
industries Safety and Health Commission .
The fact is that " equipment designed for work underground in mines susceptible
to fire damp" is excluded from the scope of Directive 76 / 117 / EEC and specifi­
cations relating to this equipment are the subject of studies being carried
out by the Safety and Health Commission .
The provisions provided for by this Directive complete those of Directive
76 / 117/ CEE to which it constantly refers . The reference to harmonized
standards is its main object . However , it also spells out procedural details
which had not been specified in Directive 76 / 117 / EEC . These details relate to
the obligations of the body which delivers a certificate of conformity or of
control concerning both the notification of the certificate and the provisions
with which the body must comply should the certificate come to be revoked .
As for the mark , it was fixed in agreement with the work of harnroni zation
undertaken at Commission Level and within the framework of CENELEC . Indeed ,
the mark €, is a symbol which has been very widely used in directives whose
object is to eliminate technical barriers to trade ; the Commission does try
to reduce as much as possible the number of symbols used for the free
circulation of goods . The existence of the sign II is due to the fact that
a distinction must be made between equipment which is to be used in the mines
 ( which are to be the object of another proposal for a directive , as has been
mentioned above ) and the equipment which is covered by this directive . The     -
equipment which will be usable in the mines will carry the sign I , a fact
which is in line with the work undertaken by the bodies which have drawn up
the harmonized standards .
 ---pagebreak---                                       3
With this proposal , then , the Commission is continuing its efforts to achieve
harmonization along the Lines indicated by the Council in its previous
Directives on electrical equipment . In addition , the Commission demonstrates
the fact that it has taken account of the safety requirements which it is
essential for users of the type of equipment covered by this Directive to
comply with .
Lastly , it should be mentioned that for several Member States the implement­
ation of the provisions of this Directive necessitates amendments to their
 legislation and that consequently Article 100 of the EEC Treaty , which forrs
 the basis of this proposal and all other proposals aimed at removing
 technical barriers to trade , requires that the European Parliament and the
 Economic and Social Committee be consulted .
 ---pagebreak---                                    _ L -
PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE
MEMBER SVATES CONCERNING THE GENERAL REQUIREMENTS OF CONSTRUCTION AND CERTAIN!
TYPES OF PROTECTION FOR ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE
ATMOSPHERES
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in ^particular Article 100 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas national legislation in force to ensure the safety of electrical
equipment for use in potentially explosive atmospheres differs from one
Member State to another , thus constituting a barrier to trade ; whereas
these laws should therefore be harmonized ;
Whereas Council Directive 76/117/EEC of 18 December 1975 °n "the approximation of
the laws of the Member States concerning electrical equipment for use in
potentially explosive atmospheres * has 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 marks
and signs prescribed ;
Whereas Article 4(4 ) of the said Directive provides that speci­
fic      Directives shall specify the harmonized standards applicable in all
the Member States in respect of this equipment ;
Whereas Article 5 of thev said                    Directive provides that the
specific Directives shall expressly indicate the provisions which may be
adapted to technical progress ;
 OJ No L 24, 30.1.1976, p.45
 ---pagebreak--- Whereas the second paragraph of Article 8(1 ) and Article 9(5 ) of the said "Direct !
provide that copies of the certificates of conformity and. inspection certifi­
cates shall "be forwarded to the Member States only ; whereas , in order tc
 ensure the free movement of this equipment , the Co-mission should be able
 publish excerpts from these certificates in the Official Journal of the European
 Communities ;  whereas it is therefore necessary that the Commission should also
 receive such, copies ;
 Whereas Articles 8(2 ) and 9(6 ). of the said Directive provide for a procedure
 for withdrawing the certificate ; whereas the Member States , the Commissic.
        and the party concerned should be informed of such withdrawal ar.d the
  reasons therefor ,
 HAS ADOPTED THIS DIRECTIVE
 ---pagebreak---                                      Article 1
1 ) This Directive shall apply to electrical equipment capable of use in a
    potentially explosive atmosphere which employs one or irore of the follcvn'ng
    types of protection :
    . oil immersion   o",
    . pressurized apparatus   p ,
    . powder filling " q",
    . flameproof enclosure "d",
    . increased safety "e ",
    . intrinsic safety " i ".
2 ) This Directive shall not apply        to electrical equipment designed for work
    underground in mines susceptible to fire damp or to electrical medical
    equipment .
                                     Article 2
    Member States may not , on grounds of safety requirements for the design and
    manufacture of electrical equipment for use in a potentially explosive
    atmosphere , prohibit the sale or free movement or the use , for its proper
    purpose , of the electrical equipment which complies with the provisions of
    this Directive and of Directive " 76/117/EEC ' ( hereafter referred to as 'the
    framework Directive").
                                     Article 3
     For the purposes of this "Directive , harmonized standards as within the
    meaning of Article 4(4 ) of the framework Directive , shall mean the standards
    listed in Annex I hereto .
 ---pagebreak---                                         - 7 -
                                      Article 4
1 . For the purposes of this Directive , the distinctive Community mark referred
    to in Articles 4(1 ) and 10 of the framework Directive shall be the one whereof
     the model is reproduced in Annex II hereto ;             this nark shall be
     affixed to each, item of equipment in such a way as tc be visible , legible
     and indelible .
2 . Member States shall take all necessary measures tc prohibit the use on
     equipment covered by this Directive of markings or inscriptions which miqht
     be confused with the mark . the model  whereof    reproduced in Annex II .
                                        Article 5
     In accordance with Article 5(l ) of the framework Directive , Annexes I ar.d
     II hereto may be amended in accordance with the procedure in Article 7 of
    the framework Directive .
                                        Article 6
1 . At the time of the notification to the applicant , a copy of the certi fioate of
    conformity or inspection certificate shall be forwarded to the Commission ,
    which shall also be entitled on        request to a copy of the definitive
    technical specifications of the equipment     and to   . the inspection records
    of the tests or inspections which the equipment has undergone .
2 . The Commission shall ensure that the relevant excerpts from these certificates
    be published in the Official Journal of the European Communities .
                                        Article 7
    If , for the reasons put forward in Articles 8(2 ) and 9(6 ) of the framework
    Directive , the body which has issued the certificate of conformity or inspection
    certificate withdraws the certificate , it shall forward the withdrawal notice
    to the other Member States and to the Commission . The grounds for such with­
    drawal shall be specified .
    Furthermore , such withdrawal shall "be notified at the sane time to the party
    concemed , with an indication of the remedies available to him under the laws
    in force in the Member States and of the time limits for the exercise of
    such remedies .                                                         /
 ---pagebreak---                                   Article 8
Member States shall bring intoforce the provisions necessary tc comply witt-
this Directive within eighteen months of its notification and shall forthwith
inform the Commission thereof .
Once notification of this Directive has been effected , the Member States she. I
in sufficient time to enable it to submit its comments , inform the Commission
of all draft laws , regulations or administrative provisions which they intend
to adopt in the field covered by this Directive .
                                  Article 9
This Directive is addressed to the Member States .
 ---pagebreak---                                  I'ho Ii: v;no.:i:--cd 3t;.'i<t~J\lc to ;:hich a typo of equipment rauct conform ,
                                 dc^oi-J ir. : 0 :1 ths r.ystcn of protection , are the European ctcndarde
                                 rofc.i-red to ir; 'iVbie I below .
                                                                T'\3IiC I : E\ironc?.n standards
j           i                                                                                              :                  | Edition |
                                                                                                                              . ■ > -   - ,
                                                                                                                                            Date
Γ           ;                                                                                                                         1
! ;>ou u>         ] Jinctrical ecuip.ncnt     : or   u;;e  in potentially explosive       ataoenheres : général rules
'           I
                                                                                                        oil immersion " o "           1
i ijCCjJ 5 1 Uiectrical équipaient            ior    use   in  potentially explosive atmospheres :
                                                                                                                                      1
                          ;   i
                                cc.uipi::ont  l'or   use   in  Dotentially explosive atmospheres : pressurized apparatus "p "
                                                                                          atnosoheres : powder filling " q "          1
 i ;00i7 « yientrieal C'-'uiwnent              xor   use   m   potentially explosive
            I
                                                                                                                                      1
 •
 I
     i  1 O
         -w    i. Ulcctrical equio-ent        l'or use     in  potentially explosive atnospherss : flameproof enclosure "a"
                                                                                                                                      1
       15          Ulcciricr.l equipnent       ior   use   in  potentially explosive atinospneres : increased safety " e " '
             l
                   Electric ;:! equio.ncnt x'or      uce   m   potentially explosive atr.ospneres : intrinsic safety " i "
                                                                                                                                      1
                                                                                                                                            M
                                  Those European standards are published
                                  by ClvjELiC , 2 , Kue de Lréderode , P.O. Eox 5 » 1000 Brusscis .
 ---pagebreak---              ANNEX II  '
Model of the distinctive Community mark
     <£> 00