Expert Guidance Offered on New ATEX Directives

CSA Group, the UK Notified Body for the ATEX Directive, is providing valuable insight and expertise to manufacturers on the new requirements for ATEX that are scheduled to take effect in April 2016.

“The new directive has caused some confusion and concern for manufacturers of equipment for explosive atmospheres,” said Ian Rippin, Managing Director UK, CSA Group. “CSA Group has decades of experience in testing and certification for hazardous locations, and are the leading third party testing laboratory for ATEX and IECEx in the United Kingdom. We are sharing that knowledge and expertise to help manufacturers understand the new EU requirements.”

CSA Group offers answers to the five most frequently asked questions about the new directive:

1.      When do we have to use the new Directive?

Although 2014/34/EU has been published, it does not become ‘effective’ until the 20th April 2016. 

What this means for notified bodies is that we are unable to issue certificates stating compliance with this new Directive before 20th April 2016. 

What this means for manufacturers is that they are not permitted to issue Declarations of Conformity stating compliance with 2014/34/EU before the 20th April 2016.  However, the latest information from the European Commission is that manufacturers may issue Declarations of Conformity for qualifying products stating compliance to both 94/9/EC and 2014/34/EU alongside their respective dates of application.  Therefore the declaration may state conformity with 94/9/EC up to, and including, the 19th April 2016 and also state conformity with 2014/34/EU on, and after, the 20th April 2016.

2.      Will we need to update our current certificate by the 20th April 2016 to be able to sell existing product after that date?

No.  2014/34/EU contains a clause stating that certificates issued under Directive 94/9/EC shall be valid under this Directive. Therefore, certificates to 94/9/EC do not need updating to 2014/34/EU. There is currently no time limit associated with this either.

3.      Will we need to make any changes to our Declaration of Conformity for the products which we place on the market on and after the 20th April 2016?

Yes.  As 94/9/EC is no longer effective after the 19th April 2016 you cannot declare conformity to it for new products entering the market. As a result your Declaration of Conformity must declare conformity to 2014/34/EU after this date.

However, the European Commission permits Declarations of Conformity to state compliance to both 94/9/EC and 2014/34/EU alongside their respective dates of application. Therefore the declaration may state Conformity with 94/9/EC up to, and including, the 19th April 2016 and also state conformity with 2014/34/EU on, and after, the 20th April 2016.

4.      Are variations to existing certificates which are to 94/9/EC allowed under the new directive? 

After the new Directive becomes effective on the 20th April 2016, variations to existing certificates which are to 94/9/EC can be updated without the certificate number changing. The Notified Body will reissue the certificate, [but reference to 94/9/EC will be replaced with 2014/34/EU and EC-Type Examination certificates will become EU-Type Examination certificates.

5.      Can an EU-Type Examination Certificate be issued as a re-issue of an existing certificate and will the certificate number have to change?

Certificates do not have to be re-issued because they refer to 94/9/EC.  2014/34/EU contains a clause stating that certificates issued under Directive 94/9/EC on existing product shall be valid under this Directive. Therefore, certificates to 94/9/EC do not need updating to 2014/34/EU. There is currently no time limit associated with this either.