Equipment and Protective Systems intended for use in Potentially Explosive Atmospheres (ATEX) Directive 94/9/EC

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;
   
• 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
   
• components relating to the above.

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 order from The Stationery Office at www.tso.co.uk/bookshop/ or they can be downloaded from the HMSO website.

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 Earlier ATEX Directives (which covered only electrical equipment) have been repealed as from 1 July 2003.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.

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 1^st 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.
 

• A DTI guide to the UK Regulations, and a list of UK Notified Bodies appointed by the Secretary of State, is available from our downloadable documents page.
   

• Further general information is available from the European Commission's "Enterprise" website, including the following:
   

  • The European Commission guide to the ATEX Directive
     

  • The text of the Directive
     

  • Lists of harmonised standards (as published periodically in the Official Journal of the European Communities.)
     

  • Considerations by the ATEX Standing Committee summarising discussions on issues of technical and general application of the Directive.
     

• Helpful guidance on the main concepts of New Approach directives can be found in the  Guide to the implementation of directives based on the New Approach and the Global Approach, published by the European Commission.
   

• For information on the work of HSE in relation to ATEX visit the Safety Policy Directorate’s website.
  

Rosemary Wasserberg / Emma Smith
STRD4, Department of Trade and Industry,
Bay 323, 151 Buckingham Palace Road,
London SW1W 9SS