HSE
Equipment and Protective Systems intended for use in Potentially Explosive Atmospheres (ATEX) Directive 94/9/EC
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;
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.
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.
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.
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 order from The Stationery Office at www.tso.co.uk/bookshop/ or they can be downloaded from the HMSO website.
The Directive has also been implemented separately in Northern Ireland on 29 July 1996 (SR 1996/247).
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.
Penalties Review
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.
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)
Related Regulations The ATEX 137 Workplace Directive 1999/92/EC, (also known as the ëëUseíí 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 ëëEquipmentíí 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.
Enforcement
The Health and Safety Executive (HSE) has the responsibility for the enforcement of both sets of UK Regulations.
Guidance / Further Information
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.
For information on the work of HSE in relation to ATEX visit the Safety Policy Directorateíís website.
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