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Equipment and Protective Systems intended for use in Potentially Explosive
Atmospheres (ATEX) Directive 94/9/EC
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Subject Area |
The Directive applies to both electrical and mechanical equipment and protective
systems intended for use in potentially explosive atmospheres. These include:
- equipment
and protective systems for use within potentially explosive atmospheres;
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devices for use outside potentially explosive atmospheres, but which are
required for, or contribute to the safe functioning of equipment and protective
systems located inside such atmospheres; and
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components relating to the above.
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| Coverage |
The potential for explosive atmospheres can exist in a range of mainly
industrial locations such as mines, factories, agricultural silos, and oil and
gas platforms, water and other chemical processing environments. There is a wide
range of products intended for use in such areas, including control equipment
and sensors, transformers, fans, pumps, compressors, fork lift trucks, and
lighting.
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Intention of
Legislation |
To enable the free trading of ATEX products within the EEA by removing the need
for separate documentation and testing for each individual European market.
Manufacturers may use a single CE mark on their products to show compliance with
this (and any other relevant) Directive.
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| Implementing Legislation |
The Directive has been implemented
in Great Britain by The Equipment and Protective Systems Intended for Use in
Potentially Explosive Atmospheres Regulations (SI 1996 No.192) which came into
force on 1 March 1996.
These Regulations have been amended
by the Equipment and Protective Systems Intended for Use in Potentially
Explosive Atmospheres (Amendment) Regulations 2001 (SI 2001 No.3766) which came
into force on 21 December 2001. The amendment principally covers the concept of
“putting into service”.
The Regulations (ISBN 0-11-053999-0)
and the amendment to the Regulations (0-11-038961-1) are available to download
from The Office of Public Sector
Information (OPSI) or they can be ordered from the
The Stationery Office website.
The Directive has also been implemented separately in Northern Ireland on 29
July 1996 (SR 1996/247).
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| Current Position |
Since implementation, manufacturers
had the option of complying with the Directive itself, or with existing
Directives in this area, or with national regulations in force on 23 March 1994
(the date of adoption of the Directive) during a transition period that ended on
30 June 2003.
Following the end of the transition
period, manufacturers are now required to comply with the Directive. Earlier
ATEX Directives (which covered only electrical equipment) have been repealed as
from 1 July 2003. This also means that certificates of conformity under these
"Old" Directives will also cease to be valid for new equipment from this date.
Manufacturers and Users of non-Electrical equipment, protective systems, safety
devices and components should review their future needs in the light of the new
requirements.
Further guidance on the transition period can be found on the
European Commission
website.
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Penalties Review
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In December 2001 the DTI issued a consultation
document regarding its proposal to amend the ATEX Regulations, along with
certain other safety-related regulations, in respect of their penalty
provisions. As a result of this consultation, a draft amendment to the ATEX
Regulations will be published in early 2005 that will update the penalty
provisions.
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Future changes to the UK Regulations |
Following a consultation period in 2002, the process is under way to amend the
ATEX Regulations to take account of the Penalties Review. The intention is to
adjust the penalty provisions in the Regulations so they are more consistent
with those in other related legislation with high safety requirements. The
consultation document explains why these changes are considered to be necessary,
and can be downloaded in Adobe Acrobat format:
 pdcn1201.pdf (231 Kb)
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Related Regulations |
The ATEX 137 Workplace Directive
1999/92/EC, (also known as the ‘Use’ Directive) is implemented
by the Health and Safety Executive (HSE) as The Dangerous Substances and
Explosive Atmospheres Regulations 2002 (DSEAR) in the UK. It came into force on
1st July 2003 to coincide with the end of transition of the ATEX
‘Equipment’ Directive (94/9/EC).
The ATEX Use directive is concerned
with the safety of the workplace and places responsibility on the end user to
risk assess their workplace and zone and mark hazardous areas according to their
level of risk for gases and dusts. The zones correspond to the Group II
Categories 1-3 in the ATEX equipment directive and enable end users to correctly
specify to the manufacturers the intended use of ATEX products. Manufacturers
can then supply the right category of ATEX equipment (certified under 94/9/EC)
to be used within these zones.
Guidance to DSEAR is due to be
published by HSE by the end of 2003. For further information please visit the
Safety Policy
Directorate's website.
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Enforcement |
The Health and Safety Executive (HSE) has the responsibility for the enforcement
of both sets of UK Regulations.
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| Guidance / Further Information |
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| Contact |
Rick Holyomes / Joanne Carter
STRD4, Department of Trade and Industry,
151 Buckingham Palace Road,
London SW1W 9SS
Tel: 020 7215 1427 / 1437; Fax: 020 7215 1529.
e-mail: atex@dti.gov.uk
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