Directive 1982/130 - Approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1982/130
Original proposal	COM(1980)12
CELEX number i	31982L0130

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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

Official Journal L 059 , 02/03/1982 P. 0010 - 0028

Finnish special edition: Chapter 13 Volume 11 P. 0220

Spanish special edition: Chapter 13 Volume 12 P. 0088

Swedish special edition: Chapter 13 Volume 11 P. 0220

Portuguese special edition Chapter 13 Volume 12 P. 0088

COUNCIL DIRECTIVE 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 (82/130/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 legislation in force in the Member States to ensure the safety of electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp differs from one Member State to another ; whereas these differences are such as to constitute a barrier to trade;

Whereas such differences may be eliminated by approximating the laws of the Member States in order to allow electrical equipment complying with harmonized standards for use in potentially explosive atmospheres in mines susceptible to firedamp to be put on the market throughout the Community;

Whereas provision should also be made to allow electrical equipment using technical processes different from those of these harmonized standards to be put on the market, provided such equipment ensures a level of safety equivalent to that of equipment which conforms to the harmonized standards;

Whereas, however, compliance with harmonized standards or equivalence of safety levels to that of equipment which conforms to the harmonized standards should be verified and tested by a body approved by the Member State concerned;

Whereas a positive result of such verifications and tests should be confirmed both by a certificate and the mark recognized in all Member States;

Whereas, in order to take account of technical progress, the technical requirements prescribed in the harmonized standards on electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp need to be adapted promptly ; whereas, to facilitate the implementation of the measures necessary in this connection, a procedure should be laid down to ensure close cooperation between the Member States and the Commission through the Committee on the adaptation (1) OJ No C 104, 28.4.1980, p. 92. (2) OJ No C 197, 4.8.1980, p. 66. (3) OJ No C 205, 11.8.1980, p. 28. to technical progress of the Directives on the removal of technical barriers to intra-Community trade in electrical equipment in potentially explosive atmospheres in mines susceptible to firedamp;

Whereas it is possible that electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp, although certified and marked for free movement, may represent a safety risk ; whereas a procedure should therefore be laid down to obviate this risk;

Whereas the mining legislation in different Member States applies also to surface installations of mines susceptible to firedamp ; whereas it is necessary to include in this Directive electrical equipment for use in such installations ; whereas it is therefore necessary to derogate from 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 (1) and from Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws...

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