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S.I. No. 230/2017 - European Union (Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres) Regulations 2017.

S.I. No. 230/2017 - European Union (Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres) Regulations 2017. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim

Article 30

of Regulation (EC) No 765/2008 or of Article 16 of the Directive or Regulation 17 of these Regulations, (

  1. b)the CE marking, when required, has not been affixed, (
  2. c)the specific marking of explosion protection , the symbols of the equipment-group and category and, where applicable, the other markings and information have been affixed in violation of point 1.0.5 of Annex II to the Directive, the text of which is set out in Schedule 2 of these Regulations or have not been affixed, (
  3. d)the identification number of the notified body, where that body is involved in the production control phase,

Article 16

of the Directive or Regulation 17 of these Regulations, or has not been affixed, (

  1. e)the EU declaration of conformity or the attestation of conformity, as appropriate, does not accompany the product, (
  2. f)the EU declaration of conformity or, where required, the attestation of conformity has not been drawn up correctly, (
  3. g)the technical documentation is either not available or not complete, (
  4. h)the information referred to in Articles 6

(7)or 8
(3)of the Directive or Regulation 7(j) or Regulation 9
(2)(
  1. c)of these Regulations is absent, false or incomplete, or (
  2. i)any other administrative requirement provided for in Articles 6 or 8 of the Directive or Regulation 7 or Regulation 9 of these Regulations is not fulfilled.
(2)Where the non-compliance referred to in paragraph 1 persists, the market surveillance authority shall take all appropriate measures to restrict or prohibit the product from being made available on the market or shall ensure that it is recalled or withdrawn from the market. PART 6 POWERS OF THE MARKET SURVEILLANCE AUTHORITY General 31.
(1)The market surveillance authority shall perform its market surveillance duties in accordance with the relevant provisions of Article 34 of the Directive.
(2)A person who for the time being stands appointed as an inspector under section 62 of the Act of 2005 shall be an inspector for the purpose of the Directive and these Regulations.
(3)An inspector shall, when exercising any power conferred on him or her by these Regulations, if requested to do so by any person affected, produce the certificate of authorisation or a copy of it furnished to him or her under section 62
(2)of the Act of 2005 together with a form of personal identification. Powers of inspectors 32.
(1)An inspector shall, for the purposes of these Regulations, have power to do any one or more of the following: (a) subject to paragraph
(4), at any time enter— (
  1. i)the premises of an economic operator, or (
  2. ii)any other place or premises where entry on same is necessary to ensure that the objectives of the Directive are achieved; (
  3. b)inquire into, search, examine and inspect— (
  4. i)any place referred to in paragraph 1(a), (
  5. ii)any activity, installation, process, procedure, matter or thing at or in that place, and (iii) any product or any record relating to such product, to ascertain whether the Directive or these Regulations have been or are being complied with and, for that purpose, take with him or her and use any equipment or materials he or she consider necessary; (
  6. c)require that that place and anything at or in it be left undisturbed for so long as is reasonably necessary for the purposes of any search, examination, investigation, inspection or inquiry under the Directive or these Regulations; (
  7. d)require the person in charge to produce to the inspector— (
  8. i)any product or partly completed product which is in the possession or under the control of such person, and (
  9. ii)any records, and in the case of such information in a non-legible form, to reproduce it in a legible form, and to give to the inspector such information as the inspector may reasonably require in relation to any entries in those records; (
  10. e)inspect and take copies of or extracts from any such records or any electronic information system at that place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form or require that such copies be provided; (
  11. f)require a person at or in that place by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of the computer, to afford the inspector access thereto and all reasonable assistance as the inspector may require; (
  12. g)remove from that place and retain the records (including documents stored in a non-legible form) and copies taken and detain the records for such period as the inspector reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings; (
  13. h)require that records at or in that place be maintained for such period as may be reasonable; (
  14. i)require the person in charge to give the inspector such information as the inspector may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations; (
  15. j)require the person in charge to give the inspector such assistance and facilities within the person’s power or control as are reasonably necessary to enable the inspector to exercise any of his or her powers under these Regulations; (
  16. k)require by notice, at a time and place specified in the notice, any person (including the person in charge) to give the inspector any information that the inspector may reasonably require in relation to the place, any product, equipment, item, activity, installation or procedure at or in the place, and to produce to the inspector any records that are under that person’s power or control; (
  17. l)examine any person whom the inspector reasonably believes to be able to give to the inspector information relevant to any search, examination, investigation, inspection or inquiry under these Regulations and require the person to answer such questions as the inspector may ask relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers; (
  18. m)require that any procedure be followed for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations; (
  19. n)take any measurements or photographs or make any tape, electrical or other recordings that the inspector considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under these Regulations; (
  20. o)take samples of air, soil, water or waste at or near that place; (
  21. p)where appropriate, install, use and maintain at that place monitoring instruments, systems and seals for the purposes of the Directive or these Regulations; (
  22. q)at that place, or at any other location, carry out, or have carried out, such testing, examination or analysis of any item or product found at that place, as he or she reasonably considers to be necessary, and for that purpose— (
  23. i)require the person in charge to supply to the inspector without charge any product, equipment or item, or samples thereof, or (
  24. ii)remove, or have removed, to another location, any product, equipment or item, or samples thereof; (
  25. r)cause any product found at that place in respect of which there has been or there appears to the inspector to have been a contravention of the Directive or these Regulations, to be subjected to any testing, examination or analysis in accordance with subparagraph (
  26. q)(but not so as to damage or destroy it unless necessary for the purposes of the Directive or these Regulations) and where an inspector proposes to exercise the power conferred by this subparagraph in the case of any such product found at any place, he or she shall, if so requested by the person in charge, cause anything that is to be done by virtue of that power to be done in the presence of that person, save that the person in charge is responsible for his or her own costs in attending at the exercise of the inspector’s powers and cannot unreasonably delay the inspector in the exercise of those powers; (
  27. s)remove and retain for such period as is necessary any product, equipment or item found at that place for all or any of the following purposes: (
  28. i)to examine or arrange for the examination, testing or analysis of the product, equipment or item; (
  29. ii)to ensure that it is not tampered with before the examination of it under subparagraph (
  30. i)is completed; (iii) to ensure that it is available for use as evidence in any proceedings; (
  31. t)where necessary— (
  32. i)require the disposal or destruction of any product in respect of which there has been or there appears to the inspector to have been a contravention of the Directive or these Regulations at the expense of the person in charge, or remove that product and arrange for it to be disposed or destroyed of at the expense of the person in charge, and (
  33. ii)require that such disposal or destruction shall be— (I) such as will prevent the product from being used or placed on the market, and (II) in compliance with requirements under the Waste Management Acts 1996 to 2003; (
  34. u)require the recall or removal from the market of a product by the person who has placed or made available that product on the market, where it appears to the inspector that, in relation to that product, the Directive or these Regulations have been contravened.
(2)Where a product is found at a place, and an inquiry is made by an inspector in the course of a search, examination, investigation or inspection as to the identity of the person who supplied that product, the person in charge shall give the inspector the name and address of the supplier from whom the product was purchased or otherwise obtained.
(3)Before exercising any of the powers conferred by subparagraphs (q) to (t) of paragraph
(1), an inspector shall, in so far as it is practicable, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing what he or she proposes to do under those subparagraphs.
(4)An inspector shall not enter a dwelling other than— (
  1. a)with the consent of the occupier, or (
  2. b)in accordance with a warrant of the District Court issued under paragraph
(7)authorising such entry.
(5)The market surveillance authority may authorise such and so many other persons as it considers appropriate to accompany an inspector in the performance of his or her functions.
(6)Where an inspector in the exercise of his or her powers under this Regulation is prevented from entering any place or premises specified in Regulation 32
(1)(a), an application may be made to the District Court for a warrant under paragraph
(7)authorising such entry.
(7)Without prejudice to the powers conferred on an inspector by or under any other provision of this Regulation, if a judge of the District Court is satisfied by information on oath of an inspector that there are reasonable grounds for believing that— (
  1. a)there is any product, equipment or item at any place or premises any records (including documents stored in a non-legible form) or information, relating to a place, premises or to a product, that the inspector requires to inspect for the purposes of the Directive or these Regulations, held at any place or premises, or (
  2. b)there is, or such an inspection is likely to disclose, evidence of a contravention of the Directive or these Regulations, the judge may issue a warrant authorising an inspector, accompanied by such other inspectors or such other competent persons as may be appropriate or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter that place or premises, if necessary by the use of reasonable force, and perform the functions conferred on an inspector by or under these Regulations.
(8)Where an inspector has reasonable grounds for apprehending any serious obstruction in the performance of his or her functions or otherwise considers it necessary, he or she may be accompanied by a member or members of the Garda Síochána and by any other person or persons authorised by the market surveillance authority, when performing any functions conferred on him or her by or under these Regulations.
(9)Where an inspector, upon reasonable grounds, believes that a person has committed an offence under these Regulations he or she may require that person to provide him or her with the person’s name and the address at which the person ordinarily resides.
(10)A statement or admission made by a person pursuant to a requirement under paragraph
(1)(i), (
  1. k)or (
  2. l)shall not be admissible in proceedings brought against that person for an offence (other than an offence under Regulation 42
(4)) relating to a breach of, or failure to comply with, an obligation in the said paragraph
(1)(i), (
  1. k)or (l). Measures entailing refusal or restriction 33. An inspector who finds that— (
  2. a)the CE marking

Article 30of Regulation (EC) No.

765/2008, Article 16 of the Directive or of Regulation 17 of these Regulations, (

  1. b)the CE marking, where required, has not been affixed, (
  2. c)the specific marking of explosion protection , the symbols of the equipment-group and category and, where applicable, the other markings and information have been affixed in violation of point 1.0.5 of Annex II to the Directive, the text of which is set out in Schedule 2 to these Regulations, or have not been affixed, (
  3. d)the identification number of the notified body, where that body is involved in the production control phase,

Article 16

of the Directive and Regulation 17 or has not been affixed, (

  1. e)the EU declaration of conformity or the attestation of conformity, as appropriate, does not accompany the product, (
  2. f)the EU declaration of conformity or, where required, the attestation of conformity has not been drawn up correctly, (
  3. g)technical documentation is either not available or not complete, (
  4. h)the information referred to in Articles 6

(7)or 8
(3)of the Directive or Regulation 7(j) or 9
(2)(
  1. c)is absent, false or incomplete, or (
  2. i)any other administrative requirement provided for in Articles 6 or 8 of the Directive or Regulation 7 or 9 is not fulfilled, may issue a direction in writing to the relevant economic operator to put an end to the non-compliance observed within a specified timeframe. Contravention notice 34.
(1)An inspector who is of the opinion that a person— (
  1. a)is contravening or has contravened any of the provisions of the Directive or these Regulations, or (
  2. b)has failed to comply with a direction under Regulation 33, may serve a notice on the person who has or may reasonably be presumed to have control of the activity concerned.
(2)A contravention notice shall— (a) state that the inspector is of the opinion referred to in paragraph
(1), (b) specify the grounds for the inspector being of the opinion referred to in paragraph
(1)and specify the Regulation or Regulations concerned, (
  1. c)identify the relevant provision in respect of which that opinion is held, (
  2. d)direct the person, where required, to— (
  3. i)remedy the contravention or the matters occasioning that notice, (
  4. ii)cease placing or making available the product on the market or putting it into use, (iii) remove the product from the market, (
  5. iv)recall the product, (
  6. v)dispose of the product, (
  7. vi)destroy the product where it presents a serious risk, by a date specified in the notice that shall not be earlier than the end of the period within which an appeal may be made under Regulation 35
(1), (e) include information regarding the making of an appeal under Regulations 35
(1)and 35
(2), (
  1. f)include any other requirement that the inspector considers appropriate, (
  2. g)state that if the person to whom the notice is addressed fails to take such measures as are specified in the notice within the time period specified in that notice, that person commits an offence, and (
  3. h)be signed and dated by the inspector.
(3)A contravention notice may include directions— (
  1. a)as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and (
  2. b)to bring the notice to the attention of any person who may be affected by it, or to the public generally.
(4)A person on whom a contravention notice has been served who is of the opinion that the contravention notice has been complied with shall confirm in writing to the inspector that the matters referred to in the notice have been so remedied.
(5)Where a person on whom a contravention notice has been served confirms in writing to the inspector in accordance with paragraph
(4)that the matters referred to in the contravention notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of compliance with the contravention notice.
(6)An inspector may— (
  1. a)withdraw or amend a contravention notice at any time, or (
  2. b)where no appeal is made or pending under Regulation 35
(1)extend the period specified under paragraph
(2)(d) of this Regulation.
(7)Where there is no appeal under Regulation 35
(1), the contravention notice shall take effect on the later of— (
  1. a)the end of the period for making an appeal, or (
  2. b)the day specified in the notice.
(8)A person shall comply with a contravention notice under this Regulation. Appeal against contravention notice 35.
(1)A person aggrieved by a contravention notice may, within 14 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served in and, in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
(2)A person who appeals under paragraph
(1)shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(3)Where an appeal under paragraph
(1)is taken, and the contravention notice is not cancelled, the notice shall take effect on the later of— (
  1. a)the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or (
  2. b)the day specified in the notice.
(4)Subject to paragraph
(5), in the case of a product which the inspector does not consider to present a serious risk requiring rapid intervention as per Article 20 of EU Regulation 765/2008, the intended recipient of a measure referred to in Regulation 34
(1)shall have the opportunity to make representations within 10 working days of first being advised of the inspector’s intention, to the market surveillance authority in advance of the measure being taken.
(5)Where, due to the urgency of the measure referred to in Regulation 34
(1), as justified in particular by public health, security or safety requirements, it is not possible to give the person concerned the opportunity to make representations in advance of the measure being taken, the market surveillance authority shall give such opportunity, as soon as may be, thereafter. Prohibition notice 36.
(1)A prohibition notice may be served by an inspector— (
  1. a)on the person who is or who may reasonably be presumed to be in control of the activity concerned, where that inspector is of the opinion that at any place there is occurring or is likely to occur any activity relating to a product that gives rise to or is likely to give rise to a serious risk requiring rapid intervention, including a serious risk the effects of which are not immediate, or (
  2. b)on any person in relation to a product in respect of which a direction under Regulation 33 or a contravention notice has been issued but not complied with.
(2)A prohibition notice shall— (a) state that the inspector is of the opinion referred to in paragraph
(1), (
  1. b)state the reason for that opinion, (
  2. c)specify the activity in respect of which that opinion is held, (
  3. d)where in the opinion of the inspector the activity involves a contravention, or likely contravention of any provision of the Directive or these Regulations, specify the provision, (
  4. e)prohibit the carrying on of the activity concerned until the matters that give rise or are likely to give rise to the risk are remedied, (
  5. f)inform the person concerned that he or she may appeal the prohibition notice to the District Court in accordance with Regulation 37
(1), (
  1. g)state that if the person to whom the prohibition notice is addressed fails to comply with the notice within the time period specified in the notice, that person commits an offence, and (
  2. h)be signed and dated by the inspector.
(3)A prohibition notice may include directions— (
  1. a)as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and (
  2. b)to bring the notice to the attention of any person who may be affected by it, or to the public generally.
(4)A prohibition notice shall take effect— (
  1. a)when the notice is received by the person on whom it is served, or (
  2. b)where an appeal is brought against the prohibition notice, on the day immediately following— (
  3. i)the day on which the notice is confirmed on appeal or the appeal is withdrawn, or (
  4. ii)the day specified in the notice, whichever occurs later.
(5)A person on whom a prohibition notice has been served who is of the opinion that the matters referred to in the prohibition notice have been remedied by the date specified in the notice shall confirm in writing to the inspector that those matters have been so remedied.
(6)Where a person on whom a prohibition notice has been served confirms in writing to the inspector in accordance with paragraph
(5)that the matters referred to in the prohibition notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of such compliance with the prohibition notice.
(7)An inspector may at any time withdraw a prohibition notice if— (
  1. a)the inspector is satisfied that the activity to which the notice relates no longer gives rise to a serious risk to safety or health, or (
  2. b)the inspector is satisfied that the notice was issued in error or is incorrect in some material respect.
(8)A person shall comply with a prohibition notice under this Regulation. Appeal against prohibition notice 37.
(1)A person on whom a prohibition notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
(2)Where, on the hearing of an appeal under this Regulation, a prohibition notice is confirmed, notwithstanding Regulation 36
(4), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the prohibition notice for such period as in the circumstances of the case the judge considers appropriate.
(3)A person who— (a) brings an appeal under paragraph
(1), or (b) applies for the suspension of the operation of a prohibition notice under this Regulation, shall at the same time notify the market surveillance authority of the appeal or the application, and the grounds for the appeal or application.
(4)In the case of an appeal or any application to suspend the operation of the prohibition notice under this Regulation, the market surveillance authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or application.
(5)The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice but the appellant may apply to the court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of. Order of the High Court 38.
(1)Where a person contravenes a prohibition notice an inspector may apply ex parte to the High Court for an order prohibiting the continued contravention of the notice.
(2)The High Court may, upon an application under this Regulation, order the person on whom the prohibition notice concerned was served to cease doing such acts as the High Court directs. Information notice 39.
(1)An inspector or the market surveillance authority may, by notice served on a person, require the person to give, within such period and in such form as may be specified in the notice, any information specified in the notice that the inspector or the authority may reasonably require for the proper performance by it of his or her or its functions under the Directive or these Regulations.
(2)Upon the written application of the person on whom the notice is served, the period specified in the information notice may be extended by and at the discretion of— (i) the market surveillance authority, or (ii) an inspector.
(3)A person on whom an information notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.
(4)A person who appeals under paragraph
(3)shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(5)Where, on the hearing of an appeal under paragraph
(3), an information notice is confirmed or varied, the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.
(6)Subject to paragraph
(7), a person on whom an information notice is served shall comply with the notice before the later of— (
  1. a)the end of the period specified in the notice, or (
  2. b)where the period referred to in subparagraph (
  3. a)is extended under paragraph
(2), the end of that extended period.
(7)Where an appeal is brought under this Regulation, and the information notice to which the appeal relates is confirmed or varied or the appeal is withdrawn, the person on whom the notice is served shall comply with the notice before— (
  1. a)the day immediately following the day on which the notice is confirmed or varied or the appeal is withdrawn, (
  2. b)the end of the period specified in the notice, or (
  3. c)where the operation of the notice has been suspended under paragraph
(5), the end of the period of suspension, whichever occurs latest. Service of notifications 40.
(1)Subject to paragraphs
(2)and
(3), a notice or other document required or authorised to be served on, sent or given to a person shall be addressed to the person concerned by name and may be given to the person in one of the following ways— (
  1. a)by delivering it to the person, (
  2. b)by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address, (
  3. c)by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address, (
  4. d)if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000 ), service by such means, provided that there is a facility for confirming receipt of electronic communication and that such receipt has been confirmed, (
  5. e)if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises, or (
  6. f)by any other means that may be prescribed.
(2)Where a notice or other document required or authorised to be served on, sent or given to a person is to be given to a person who is the owner or occupier of land or property and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.
(3)For the purposes of this Regulation, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. Sharing information on the application of the Directive 41.
(1)The market surveillance authority may provide information to any European Union information network, the European Commission or a competent authority of another Member State for the purpose of sharing information related to the application of the Directive.
(2)The market surveillance authority may, in the interest of the protection of safety, take such measures as it considers appropriate to bring to the attention of the public, any matter of concern arising from the requirements of these Regulations. PART 7 OFFENCES AND PENALTIES Offences 42.
(1)A person who contravenes a provision or requirement of Regulation 5, 7, 8
(3), 9, 10, 12, 27
(2), 27
(5)or 29
(2)commits an offence.
(2)A person who contravenes a requirement of Regulation 32, 33, 34, 36 or 39, or a notice issued or measure taken thereunder commits an offence.
(3)A person who, in relation to the CE marking or any document required for the purposes of these Regulations— (
  1. a)forges or counterfeits any such document, (
  2. b)gives or signs a document or makes a marking knowing it to be false in any material particular, (
  3. c)knowingly uses a marking or document so forged or counterfeited, or which is false as aforesaid, (
  4. d)knowingly uses as applying to any person or product a marking or document which does not so apply, (
  5. e)knowingly connives at any such forging, counterfeiting, giving, signing, or using, (
  6. f)knowingly makes a false entry in any such document which is so required to be kept, served or sent, (
  7. g)knowingly uses any such false entry, or (
  8. h)knowingly has, without lawful authority, a forged marking or document or an altered marking or document in his or her possession, commits an offence.
(4)Any person who obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by these Regulations or a warrant under Regulation 32
(7)or impedes the exercise by the inspector or member, as the case may be, of such power, or fails or refuses to comply with a request or requirement of, or to answer a question asked by, an inspector or such a member pursuant to a power conferred by these Regulations, or in purported compliance with such request or requirement, or who in answer to such question gives information to the inspector or member that he or she knows to be false or misleading in any material respect, commits an offence.
(5)A person who falsely represents himself or herself to be an inspector commits an offence.
(6)A person who, at any time during the period of 3 months immediately following the affixing of a notice in accordance with Regulation 40
(1)(e), removes, alters, damages or defaces the notice without lawful authority commits an offence.
(7)A person who, prevents or attempts to prevent any person from answering any question to which an inspector may require an answer under Regulation 32, commits an offence.
(8)A person who, fails to comply with a bona fide request, instruction or directions from an inspector in the exercise of his or her functions under these Regulations, commits an offence.
(9)Where an offence under any of these Regulations is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.
(10)A person who states to the market surveillance authority that another person has committed an offence under this Regulation or has failed to comply with a provision of these Regulations, knowing the statement to be false, commits an offence.
(11)A person who, in purported compliance with a requirement in an information notice, furnishes information to the market surveillance authority that he or she knows to be false or misleading in a material respect commits an offence. Penalties 43.
(1)A person guilty of an offence under Regulation 42 shall be liable— (
  1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or (
  2. b)on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 2 years or both.
(2)Where a person is convicted of an offence under these Regulations in proceedings brought by the market surveillance authority, or instituted following an investigation by the authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the authority the costs and expenses, measured by the court, incurred by the authority in relation to the investigation, detection and prosecution of the offence, including the costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers engaged by the authority. Offences by bodies corporate 44. Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and shall be liable to be proceeded against and punished as if he or she had committed the first-mentioned offence. Prosecution of offences 45.
(1)Subject to paragraph
(2), summary proceedings in relation to an offence under these Regulations may be brought and prosecuted by the market surveillance authority.
(2)Notwithstanding section 10
(4)of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under Regulation 42 may be instituted at any time within 12 months from the date on which the offence was committed or alleged to have been committed. PART 8 MISCELLANEOUS Appeal to Circuit Court from certain orders of District Court
  1. For the avoidance of doubt, an order of the District Court confirming, varying or cancelling a notice under Regulation 34, 36 or 39 is a decision of a judge of the District Court for the purposes of section 84 of the Courts of Justice Acts
  2. Notice or direction to be in writing
  3. Any notice or direction under these Regulations shall be in writing. Immunity
  4. None of the following persons, that is to say, the market surveillance authority, an inspector, or a member or a member of staff of the market surveillance authority shall be liable in damages in respect of any act done or omitted to be done by it or him or her in the performance, or purported performance, of that person’s functions under these Regulations, unless the act or omission concerned was done in bad faith. Indemnification
  5. The market surveillance authority shall, subject to the provisions of any enactment or rule of law, indemnify an inspector appointed by it, or a member or a member of staff of the market surveillance authority, in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions under these Regulations as such inspector, member or member of staff, unless the act or omission concerned was done in bad faith. Restrictions on the disclosure of information
  6. A person in receipt of information as a result of the application of these Regulations shall treat same as confidential. In particular, business, professional and trade secrets shall be treated as confidential unless the divulging of such information is— (a) for the purpose of the discharge of functions under these Regulations, (b) made with the consent of the person to whom the information applies, or (c) for the purposes of— (i) any legal proceedings (including by means of a report to a coroner holding an inquest under the Coroners Acts 1962 and 2005 on the body of a person whose death may have been caused through personal injury), or (ii) any investigation or special report under section 70 of the Act of 2005, (d) necessary in order to protect the health and safety of persons, (e) required by the provisions of these Regulations or the Directive, or (f) ordered by a court of law. Transitional 51.
(1)The making available on the market of products or the putting into service of a product, in conformity with Directive 94/9/EC or the Regulations of 1999, and which was placed on the market or put into service before 20 April 2016 continues to be lawful.
(2)Certificates issued under Directive 94/9/EC or the Regulations of 1999 continue to be valid under these Regulations. Revocation 52. The European Communities (Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres) Regulations, ( S.I. No. 83 of 1999 ) are revoked. Regulation 2 SCHEDULE 1 TEXT OF ANNEX I TO THE DIRECTIVE CRITERIA DETERMINING THE CLASSIFICATION OF EQUIPMENT-GROUPS INTO CATEGORIES 1. Equipment-group I (
  1. a)Equipment category M 1 comprises equipment designed and, where necessary, equipped with additional special means of protection to be capable of functioning in conformity with the operational parameters established by the manufacturer and ensuring a very high level of protection. Equipment in this category is intended for use in underground parts of mines as well as those parts of surface installations of such mines endangered by firedamp and/or combustible dust. Equipment in this category is required to remain functional, even in the event of rare incidents relating to equipment, with an explosive atmosphere present, and is characterised by means of protection such that: — either, in the event of failure of one means of protection, at least an independent second means provides the requisite level of protection, — or the requisite level of protection is assured in the event of two faults occurring independently of each other. Equipment in this category must comply with the supplementary requirements referred to in point 2.0.1 of Schedule 2. (
  2. b)Equipment category M 2 comprises equipment designed to be capable of functioning in conformity with the operational parameters established by the manufacturer and ensuring a high level of protection. Equipment in this category is intended for use in underground parts of mines as well as those parts of surface installations of such mines likely to be endangered by firedamp and/or combustible dust. This equipment is intended to be de-energised in the event of an explosive atmosphere. The means of protection relating to equipment in this category assure the requisite level of protection during normal operation and also in the case of more severe operating conditions, in particular those arising from rough handling and changing environmental conditions. Equipment in this category must comply with the supplementary requirements referred to in point 2.0.2 of Schedule 2. 2. Equipment-group II (
  3. a)Equipment category 1 comprises equipment designed to be capable of functioning in conformity with the operational parameters established by the manufacturer and ensuring a very high level of protection. Equipment in this category is intended for use in areas in which explosive atmospheres caused by mixtures of air and gases, vapours or mists or by air/dust mixtures are present continuously, for long periods or frequently. Equipment in this category must ensure the requisite level of protection, even in the event of rare incidents relating to equipment, and is characterised by means of protection such that: — either, in the event of failure of one means of protection, at least an independent second means provides the requisite level of protection, — or the requisite level of protection is assured in the event of two faults occurring independently of each other. Equipment in this category must comply with the supplementary requirements referred to in point 2.1 of Schedule 2. (
  4. b)Equipment category 2 comprises equipment designed to be capable of functioning in conformity with the operational parameters established by the manufacturer and of ensuring a high level of protection. Equipment in this category is intended for use in areas in which explosive atmospheres caused by gases, vapours, mists or air/dust mixtures are likely to occur occasionally. The means of protection relating to equipment in this category ensure the requisite level of protection, even in the event of frequently occurring disturbances or equipment faults which normally have to be taken into account. Equipment in this category must comply with the supplementary requirements referred to in point 2.2 of Schedule 2. (
  5. c)Equipment category 3 comprises equipment designed to be capable of functioning in conformity with the operating parameters established by the manufacturer and ensuring a normal level of protection. Equipment in this category is intended for use in areas in which explosive atmospheres caused by gases, vapours, mists, or air/dust mixtures are unlikely to occur or, if they do occur, are likely to do so only infrequently and for a short period only. Equipment in this category ensures the requisite level of protection during normal operation. Equipment in this category must comply with the supplementary requirements referred to in point 2.3 of Schedule 2. Regulations 6, 7, 9, 10, 13, 14, 15, 16, 23, 30 and 33 SCHEDULE 2 TEXT OF ANNEX II TO THE DIRECTIVE ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES Preliminary observations A. Technological knowledge, which can change rapidly, must be taken into account as far as possible and be utilised immediately. B. For devices the essential requirements shall apply only in so far as they are necessary for the safe and reliable functioning and operation of those devices with respect to the risks of explosion. 1. Common requirements for equipment and protective systems 1.0. General requirements 1.0.1. Principles of integrated explosion safety Equipment and protective systems intended for use in potentially explosive atmospheres must be designed from the point of view of integrated explosion safety. In this connection, the manufacturer must take measures: — above all, if possible, to prevent the formation of explosive atmospheres which may be produced or released by equipment and by protective systems themselves, — to prevent the ignition of explosive atmospheres, taking into account the nature of every electrical and non-electrical source of ignition, — should an explosion nevertheless occur which could directly or indirectly endanger persons and, as the case may be, domestic animals or property, to halt it immediately and/or to limit the range of explosion flames and explosion pressures to a sufficient level of safety. 1.0.2. Equipment and protective systems must be designed and manufactured after due analysis of possible operating faults in order as far as possible to preclude dangerous situations. Any misuse which can reasonably be anticipated must be taken into account. 1.0.3. Special checking and maintenance conditions Equipment and protective systems subject to special checking and maintenance conditions must be designed and constructed with such conditions in mind. 1.0.4. Surrounding area conditions Equipment and protective systems must be so designed and constructed as to be capable of coping with actual or foreseeable surrounding area conditions. 1.0.5. Marking All equipment and protective systems must be marked legibly and indelibly with the following minimum particulars: — name, registered trade name or registered trade mark, and address of the manufacturer, — CE marking, (see Annex II to Regulation (EC) No 765/2008), — designation of series or type, — batch or serial number, if any, — year of construction, — the specific marking of explosion protection followed by the symbol of the equipment group and category, — for equipment-group II, the letter “G” (concerning explosive atmospheres caused by gases, vapours or mists), or — the letter “D” (concerning explosive atmospheres caused by dust), or both such letters. Furthermore, where necessary, they must also be marked with all information essential to their safe use. 1.0.6. Instructions (
  6. a)All equipment and protective systems must be accompanied by instructions, including at least the following particulars: — a recapitulation of the information with which the equipment or protective system is marked, except for the batch or serial number (see point 1.0.5), together with any appropriate additional information to facilitate maintenance (e.g. address of the repairer, etc.); — instructions for safe: — putting into service, — use, — assembling and dismantling, — maintenance (servicing and emergency repair), — installation, — adjustment; — where necessary, an indication of the danger areas in front of pressure-relief devices; — where necessary, training instructions; — details which allow a decision to be taken beyond any doubt as to whether an item of equipment in a specific category or a protective system can be used safely in the intended area under the expected operating conditions; — electrical and pressure parameters, maximum surface temperatures and other limit values; — where necessary, special conditions of use, including particulars of possible misuse which experience has shown might occur; — where necessary, the essential characteristics of tools which may be fitted to the equipment or protective system. (
  7. b)The instructions must contain the drawings and diagrams necessary for the putting into service, maintenance, inspection, checking of correct operation and, where appropriate, repair of the equipment or protective system, together with all useful instructions, in particular with regard to safety. (
  8. c)Literature describing the equipment or protective system must not contradict the instructions with regard to safety aspects. 1.1. Selection of materials 1.1.1. The materials used for the construction of equipment and protective systems must not trigger off an explosion, taking into account foreseeable operational stresses. 1.1.2. Within the limits of the operating conditions laid down by the manufacturer, it must not be possible for a reaction to take place between the materials used and the constituents of the potentially explosive atmosphere which could impair explosion protection. 1.1.3. Materials must be so selected that predictable changes in their characteristics and their compatibility in combination with other materials will not lead to a reduction in the protection afforded; in particular, due account must be taken of the material’s corrosion and wear resistance, electrical conductivity, mechanical strength, ageing resistance and the effects of temperature variations. 1.2. Design and Construction 1.2.1. Equipment and protective systems must be designed and constructed with due regard to technological knowledge of explosion protection so that they can be safely operated throughout their foreseeable lifetime. 1.2.2. Components to be incorporated into or used as replacements in equipment and protective systems must be so designed and constructed that they function safely for their intended purpose of explosion protection when they are installed in accordance with the manufacturer’s instructions. 1.2.3. Enclosed structure and prevention of leaks Equipment which may release flammable gases or dusts must wherever possible employ enclosed structures only. If equipment contains openings or non-tight joints, these must as far as possible be designed in such a way that releases of gases or dusts cannot give rise to explosive atmospheres outside the equipment. Points where materials are introduced or drawn off must, as far as possible, be designed and equipped so as to limit escapes of flammable materials during filling or draining. 1.2.4. Dust deposits Equipment and protective systems which are intended to be used in areas exposed to dust must be so designed that deposit dust on their surfaces is not ignited. In general, dust deposits must be limited where possible. Equipment and protective systems must be easily cleanable. The surface temperatures of equipment parts must be kept well below the glow temperature of the deposit dust. The thickness of deposit dust must be taken into consideration and, if appropriate, means must be taken to limit the temperature in order to prevent a heat build up. 1.2.5. Additional means of protection Equipment and protective systems which may be exposed to certain types of external stresses must be equipped, where necessary, with additional means of protection. Equipment must withstand relevant stresses, without adverse effect on explosion protection. 1.2.6. Safe opening If equipment and protective systems are in a housing or a locked container forming part of the explosion protection itself, it must be possible to open such housing or container only with a special tool or by means of appropriate protection measures. 1.2.7. Protection against other hazards Equipment and protective systems must be so designed and manufactured as to: (
  9. a)avoid physical injury or other harm which might be caused by direct or indirect contact; (
  10. b)assure that surface temperatures of accessible parts or radiation which would cause a danger, are not produced; (
  11. c)eliminate non-electrical dangers which are revealed by experience; (
  12. d)assure that foreseeable conditions of overload shall not give rise to dangerous situations. Where, for equipment and protective systems, the risks referred to in this point are wholly or partly covered by other Union legislation these Regulations shall not apply or shall cease to apply in the case of such equipment and protective systems and of such risks upon application of that specific Union legislation. 1.2.8. Overloading of equipment Dangerous overloading of equipment must be prevented at the design stage by means of integrated measurement, regulation and control devices, such as over-current cut-off switches, temperature limiters, differential pressure switches, flowmeters, time-lag relays, overspeed monitors and/or similar types of monitoring devices. 1.2.9. Flameproof enclosure systems If parts which can ignite an explosive atmosphere are placed in an enclosure, measures must be taken to ensure that the enclosure withstands the pressure developed during an internal explosion of an explosive mixture and prevents the transmission of the explosion to the explosive atmosphere surrounding the enclosure. 1.3. Potential ignition sources 1.3.1. Hazards arising from different ignition sources Potential ignition sources such as sparks, flames, electric arcs, high surface temperatures, acoustic energy, optical radiation, electromagnetic waves and other ignition sources must not occur. 1.3.2. Hazards arising from static electricity Electrostatic charges capable of resulting in dangerous discharges must be prevented by means of appropriate measures. 1.3.3. Hazards arising from stray electric and leakage currents Stray electric and leakage currents in conductive equipment parts which could result in, for example, the occurrence of dangerous corrosion, overheating of surfaces or sparks capable of provoking an ignition must be prevented. 1.3.4. Hazards arising from overheating Overheating caused by friction or impacts occurring, for example, between materials and parts in contact with each other while rotating or through the intrusion of foreign bodies must, as far as possible, be prevented at the design stage. 1.3.5. Hazards arising from pressure compensation operations Equipment and protective systems must be so designed or fitted with integrated measuring, control and regulation devices that pressure compensations arising from them do not generate shock waves or compressions which may cause ignition. 1.4. Hazards arising from external effects 1.4.1. Equipment and protective systems must be so designed and constructed as to be capable of performing their intended function in full safety, even in changing environmental conditions and in the presence of extraneous voltages, humidity, vibrations, contamination and other external effects, taking into account the limits of the operating conditions established by the manufacturer. 1.4.2. Equipment parts used must be appropriate to the intended mechanical and thermal stresses and capable of withstanding attack by existing or foreseeable aggressive substances. 1.5. Requirements in respect of safety-related devices 1.5.1. Safety devices must function independently of any measurement and/or control devices required for operation. As far as possible, failure of a safety device must be detected sufficiently rapidly by appropriate technical means to ensure that there is only very little likelihood that dangerous situations will occur. The fail-safe principle is to be applied in general. Safety-related switching must in general directly actuate the relevant control devices without intermediate software command. 1.5.2. In the event of a safety device failure, equipment and/or protective systems shall, wherever possible, be secured. 1.5.3. Emergency stop controls of safety devices must, as far as possible, be fitted with restart lockouts. A new start command may take effect on normal operation only after the restart lockouts have been intentionally reset. 1.5.4. Control and display units Where control and display units are used, they must be designed in accordance with ergonomic principles in order to achieve the highest possible level of operating safety with regard to the risk of explosion. 1.5.5. Requirements in respect of devices with a measuring function for explosion protection In so far as they relate to equipment used in explosive atmospheres, devices with a measuring function must be designed and constructed so that they can cope with foreseeable operating requirements and special conditions of use. 1.5.6. Where necessary, it must be possible to check the reading accuracy and serviceability of devices with a measuring function. 1.5.7. The design of devices with a measuring function must incorporate a safety factor which ensures that the alarm threshold lies far enough outside the explosion and/or ignition limits of the atmospheres to be registered, taking into account, in particular, the operating conditions of the installation and possible aberrations in the measuring system. 1.5.8. Risks arising from software In the design of software-controlled equipment, protective systems and safety devices, special account must be taken of the risks arising from faults in the programme. 1.6. Integration of safety requirements relating to the system 1.6.1. Manual override must be possible in order to shut down the equipment and protective systems incorporated within automatic processes which deviate from the intended operating conditions, provided that this does not compromise safety. 1.6.2. When the emergency shutdown system is actuated, accumulated energy must be dispersed as quickly and as safely as possible or isolated so that it no longer constitutes a hazard. This does not apply to electrochemically-stored energy. 1.6.3. Hazards arising from power failure Where equipment and protective systems can give rise to a spread of additional risks in the event of a power failure, it must be possible to maintain them in a safe state of operation independently of the rest of the installation. 1.6.4. Hazards arising from connections Equipment and protective systems must be fitted with suitable cable and conduit entries. When equipment and protective systems are intended for use in combination with other equipment and protective systems, the interface must be safe. 1.6.5. Placing of warning devices as parts of equipment Where equipment or protective systems are fitted with detection or alarm devices for monitoring the occurrence of explosive atmospheres, the necessary instructions must be provided to enable them to be provided at the appropriate places. 2. Supplementary requirements in respect of equipment 2.0. Requirements applicable to equipment in category M of equipment-group I. 2.0.1. Requirements applicable to equipment in category M 1 of equipment-group I. 2.0.1.1. Equipment must be so designed and constructed that sources of ignition do not become active, even in the event of rare incidents relating to equipment. Equipment must be equipped with means of protection such that: — either, in the event of failure of one means of protection, at least an independent second means provides the requisite level of protection, — or, the requisite level of protection is ensured in the event of two faults occurring independently of each other. Where necessary, this equipment must be equipped with additional special means of protection. It must remain functional with an explosive atmosphere present. 2.0.1.2. Where necessary, equipment must be so constructed that no dust can penetrate it. 2.0.1.3. The surface temperatures of equipment parts must be kept clearly below the ignition temperature of the foreseeable air/dust mixtures in order to prevent the ignition of suspended dust. 2.0.1.4. Equipment must be so designed that the opening of equipment parts which may be sources of ignition is possible only under non-active or intrinsically safe conditions. Where it is not possible to render equipment non-active, the manufacturer must affix a warning label to the opening part of the equipment. If necessary, equipment must be fitted with appropriate additional interlocking systems. 2.0.2. Requirements applicable to equipment in category M 2 of equipment-group I. 2.0.2.1. Equipment must be equipped with means of protection ensuring that sources of ignition do not become active during normal operation, even under more severe operating conditions, in particular those arising from rough handling and changing environmental conditions. The equipment is intended to be de-energised in the event of an explosive atmosphere. 2.0.2.2. Equipment must be so designed that the opening of equipment parts which may be sources of ignition is possible only under non-active conditions or via appropriate interlocking systems. Where it is not possible to render equipment non-active, the manufacturer must affix a warning label to the opening part of the equipment. 2.0.2.3. The requirements regarding explosion hazards arising from dust applicable to category M 1 must be applied. 2.1. Requirements applicable to equipment in category 1 of equipment-group II. 2.1.1. Explosive atmospheres caused by gases, vapours or mists. 2.1.1.1. Equipment must be so designed and constructed that sources of ignition do not become active, even in event of rare incidents relating to equipment. It must be equipped with means of protection such that: — either, in the event of failure of one means of protection, at least an independent second means provides the requisite level of protection, — or, the requisite level of protection is ensured in the event of two faults occurring independently of each other. 2.1.1.2. For equipment with surfaces which may heat up, measures must be taken to ensure that the stated maximum surface temperatures are not exceeded even in the most unfavourable circumstances. Temperature rises caused by heat build-ups and chemical reactions must also be taken into account. 2.1.1.3. Equipment must be so designed that the opening of equipment parts which might be sources of ignition is possible only under non-active or intrinsically safe conditions. Where it is not possible to render equipment non-active, the manufacturer must affix a warning label to the opening part of the equipment. If necessary, equipment must be fitted with appropriate additional interlocking systems. 2.1.2. Explosive atmospheres caused by air/dust mixtures. 2.1.2.1. Equipment must be so designed and constructed that ignition of air/dust mixtures does not occur even in the event of rate incidents relating to equipment. It must be equipped with means of protection such that — either, in the event of failure of one means of protection, at least an independent second means provides the requisite level of protection, — or, the requisite level of protection is ensured in the event of two faults occurring independently of each other. 2.1.2.2. Where necessary, equipment must be so designed that dust can enter or escape from the equipment only at specifically designated points. This requirement must also be met by cable entries and connecting pieces. 2.1.2.3. The surface temperatures of equipment parts must be kept well below the ignition temperature of the foreseeable air/dust mixtures in order to prevent the ignition of suspended dust. 2.1.2.4. With regard to the safe opening of equipment parts, requirement 2.1.1.3 applies. 2.2. Requirements for category 2 of equipment-group II. 2.2.1. Explosive atmospheres caused by gases, vapours or mists. 2.2.1.1. Equipment must be so designed and constructed as to prevent ignition sources arising, even in the event of frequently occurring disturbances or equipment operating faults, which normally have to be taken into account. 2.2.1.2. Equipment parts must be so designed and constructed that their stated surface temperatures are not exceeded, even in the case of risks arising from abnormal situations anticipated by the manufacturer. 2.2.1

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.