ATEX 2014/34/EU – the Key Changes from 94/9/EC

This article was written in 2014 at the time of the new ATEX Directive and refers to EU legislation. Since Brexit, the UK legislation that has implemented the 2014/34/EU directive to ensure it covers the UK market is: Equipment & Protective Systems Intended for use in potentially explosive atmospheres regulation 2016. If you’d still like to read the below, that’s fine as the directive remains the same on the whole when implemented into UK legislation. Learn more about UKCA and UKEX here. 

 

Trying to understand the existing ATEX regulations can be a challenging process for many, so the arrival of an update to the legislation may not exactly be met with open arms.

The ATEX Directive 2014/34/EU (known as the ATEX “Product” Directive by many) was published in the Official Journal of the European Union on March 29th, 2014 and will replaced ATEX 94/9/EC. 2014/34/EU relates to the supply of equipment for use in potentially explosive atmospheres, the directive is part of a New Legislative Framework (NLF) which also covers a variety of other products such as electromagnetic and low voltage applications.

Directive 2014/34/EU is a total harmonisation directive and a “New Approach” directive aligned to the New Legislative Framework. It lays down essential health and safety requirements and leaves it to standards, primarily European harmonised standards, to give technical expression of the relevant requirements contained in the Directive. The scope and the objective of the ATEX Directive remain unchanged from the previous Directive 94/9/EC to the new Directive 2014/34/EU, to ensure free movement for the products to which it applies in the EU territory. Therefore, the ATEX Directive provides for harmonised requirements and procedures to establish compliance for products placed on the EU market for the first time. The ATEX Directive carries specific obligations for the person (natural or legal) who makes products available on the market and/or puts products into service, be it the manufacturer, its authorised representative, the importer or the distributor.

The new directive is certainly longer than the existing one with an extensive introduction highlighting the Union’s belief that 94/9/EC was not enough to guarantee the consistently high standards that are expected. Despite this, there was very little change in terms of the Essential Health and Safety Requirements (EHSRs) or the conformity assessment procedures.

One of the most notable changes is the need for a distributor or ‘importer’; (any intermediary between the manufacturer and end user) to be identified on both the product plate and the instructions. The responsibilities of distributors are outlined in more detail than in the previous version and there is also reference to ‘Trade Agents’ or those that will be publicly viewed as the OEM despite having no involvement in the manufacturing process.

Manufacturers and suppliers of ATEX products should pay particular attention to the fact that a manufacturer is now defined as the ‘economic operator’ who brings the product to market and crucially, issues the Declaration of Conformity.

The Union have taken a sensible stance on batch sales of ATEX products, removing the need for each product to be issued with its own declaration. Group sales to the same customer will now only require a single declaration which should benefit the customer and supplier alike.

Axair Fans are equipped to manufacture plastic centrifugal fans to Equipment Category 3 (Zone 2) and can supply metal fans, in both centrifugal and axial variations to Equipment Category 2 & 3 (Zones 1 & 2). We can also supply standard fans with motors certified to IECEX as well as fans with other certifications such as NEMA and North American Hazardous Location. It is worth noting that there are also proposed changes to the European Standard for the design of fans working in potentially explosive atmospheres. These changes are currently under review.

Our specialist team of Product Engineers are on hand to provide comprehensive support for your ATEX fan requirements. Contact us today for more information or to discuss an ATEX project.

 

 

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