Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection

( 1 ) OJ NO C 4 , 6 . 1 . 1978 , P . 2 .
( 2 ) OJ NO C 131 , 5 . 6 . 1978 , P . 84 .
( 3 ) OJ NO C 269 , 13 . 11 . 1978 , P . 45 .
( 4 ) OJ NO L 24 , 30 . 1 . 1976 , P . 45 .
COUNCIL DIRECTIVE
OF 6 FEBRUARY 1979
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES EMPLOYING CERTAIN TYPES OF PROTECTION
( 79/196/EEC )
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 ( 1 ),
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 2 ),
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),
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 APPROXIMATED ;
WHEREAS 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 ( 4 ) HAS IN 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 ;
WHEREAS ARTICLE 4 ( 4 ) OF DIRECTIVE 76/117/EEC PROVIDES THAT SPECIFIC DIRECTIVES SHALL SPECIFY THE HARMONIZED STANDARDS APPLICABLE IN ALL THE MEMBER STATES IN RESPECT OF THIS EQUIPMENT ;
WHEREAS ARTICLE 5 OF DIRECTIVE 76/117/EEC PROVIDES THAT THE SPECIFIC DIRECTIVES SHALL EXPRESSLY INDICATE WHICH PROVISIONS MAY BE ADAPTED TO TECHNICAL PROGRESS IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 7 OF THAT DIRECTIVE ;
WHEREAS THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 1 ) AND ARTICLE 9 ( 5 ) OF DIRECTIVE 76/117/EEC PROVIDE THAT COPIES OF THE CERTIFICATES OF CONFORMITY AND INSPECTION CERTIFICATES SHALL BE FORWARDED TO THE MEMBER STATES ONLY ; WHEREAS , IN ORDER TO ENSURE THE FREE MOVEMENT OF THIS EQUIPMENT , THE COMMISSION SHOULD BE ABLE TO PUBLISH EXTRACTS 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 DIRECTIVE 76/117/EEC PROVIDE FOR A PROCEDURE FOR WITHDRAWING THE CERTIFICATE ; WHEREAS THE MEMBER STATES , THE COMMISSION AND THE PARTY CONCERNED SHOULD BE INFORMED OF SUCH WITHDRAWAL AND THE REASONS THEREFOR ,