Hot Spot ATEX directive 2014/.../EU

European Parliament approve the text of the new NLF-aligned ATEX Directive 2014/…/EU

The European Parliament approved the text of the revised Directive on 5 February 2014 and formal agreement by the Council is expected at the next available meeting. Publication in the Official Journal will follow, probably in April/May at which time the complete new directive number will be allocated.

Main differences:

• Most importantly for manufacturers there are no changes to the Essential Health and Safety Requirements in Annex II and no significant changes to Annexes III to IX with regard to Conformity Assessment Procedures

• Products must have only one Declaration of Conformity referring to all applicable directives. Separate declarations are not now permitted. The format for the Declaration of Conformity differs in some detail to the current version

• Any product compliant with 94/9/EC will be compliant with the new directive

• The term ‘manufacturer’ extended to include more than one party involved in the production and sale of a product.

• Responsibilities of Authorised Representatives, Importers and Distributers outlined with the need for the Importer to be identified on the product and instructions.

• Provision for Trade Agents included as publicly accepting responsibility as the manufacturer but not taking part in the manufacturing process

• The use of a Trademark as opposed to the name of the manufacturer is now acceptable but must also include the postal address

• Acceptance criteria for Notified Bodies increased to ensure technical competence

• A transitional arrangement allows a two year overlap between the two directives

Published: 13th May 2014