THE NEW ATEX DIRECTIVE 2014/34/EU

There is a new ATEX Directive: 94/9/EC has been aligned to the New Legislative Framework (NLF). The new number is 2014 /34/EU.

There is no change to the scope and the Essential Safety Requirements remain the same. The Classification groups (M1, M2, 1, 2 & 3) are also unchanged.

The conformity assessment modules are now identified with designations (familiar from the PED) such as Module D, Module A etc. Although rewritten, the content is substantially the same.

The requirements on Notified Bodies have been increased significantly (Articles 17 to 23). Market surveillance has also been increased (Articles 34 to 38). Notified bodies will have to re-apply and a reduction in number is anticipated.

Requirements on Economic Operators (manufacturer, authorised representative, importer or distributor) are spelled out in detail. In particular:

• Importers must ensure that the appropriate assessment procedure has been carried out and also mark the product with their name, trademark and address.

• An importer or distributor is considered to be a manufacturer if he places a product on the market under his trade name or modifies a product so as to affect compliance with the Directive.

Existing certificates referring to 94/9/EC remain valid. However, any changes after 20 April 2016 will need a new certificate.

The new directive will be applicable to items placed on the market from 20 April 2016.

• Stock received from a manufacturer prior to 20 Apr 2016 has already been placed on the market. The 94/9/EC certificates are still valid.

• Stock held by manufacturers on 20 April 2016 has not been placed on the market. Therefore it will have to comply with the new directive when placed on the market.

As a minimum, references (the Directive, module names, and detailed requirements on the Declaration of Conformity) will have to be updated on new documentation.

Published: 5th September 2015