ATEX Directive update

Are you aware that the new ATEX Directive applies from 20 April?

On 20 April, ATEX Directive 2014/34/EU will replace ATEX Directive 94/9/EC, whose requirements will no longer apply. There is no transition period for the new Directive, which comes into force on 20 April alongside other CE Marking directives including the Low Voltage Directive and the ATEX Directive.

From that date, all manufacturers, distributors and importers must apply the new Directive and all regulatory documentation, including the new EU Declaration of Conformity, must be prepared accordingly.

Whilst there are no significant changes introduced within the new ATEX Directive, the main technical change is the requirement for all manufacturers to conduct and document an ATEX risk assessment prior to applying for certification and issue of their EU Declaration of Conformity. Meanwhile, importers will be required to ensure that their name and contact address is affixed to the equipment or packaging for ease of traceability.

A discernible administrative change will be that all EC Type Examination Certificates will be called EU Type Examination Certificates. All certificates (EC Type, Unit Verification and Type Test) and Quality Assurance Notifications (QAN) issued under ATEX Directive 94/9/EC will remain legally valid and will not require being upgraded to 2014/34/EU.

Element will automatically upgrade these documents when certificate holders apply for a variation or change and there will be no alteration to the certificate number or equipment marking when an upgrade occurs.

Implementing the changes in your company

For all ATEX Directive users, your “EC Declaration of Conformity” will become an “EU Declaration of Conformity” on 20 April 2016. The new declaration must reference the new ATEX Directive and any other directives that apply.

There is no need to update existing ATEX Certificates because they remain valid under the new Directive. However, if for commercial reasons you do have an immediate need to have a certificate updated to the new Directive, then Element will be happy to assist with this process. As an ATEX notified body, Element will be able to issue ATEX EU Type Examination Certificates from 20 April 2016.

If you would like our engaged experts to help review your regulatory documentation for conformity with the new requirements, including the technical file and EU Declaration of Conformity, please email us at quoteme@tracglobal.com, enter your details into the blue form or call us on the number in the top right hand corner of this page.