The ATEX Directive 94/9/EC is one of a number of CE Marking Directives that are getting a make-over to bring them into line with EU Decision No. 768/2008/EU, in accordance with the New Legislative Framework (NLF) that was introduced in 2008. Subsequently, a new recast, Equipment for Explosive Atmospheres (ATEX) Directive 2014/34/EU came into force on the 18th April 2014, however, the current directive (94/9/EC) will not be repealed until 20th April 2016 and until this 2016 date, manufacturers can continue to place products on the market that comply with the current Directive.

Overview

The new Directive appears quite different to the Directive it will replace, and the pdf version is 65% larger, but other than rewording, reformatting, reordering and clarifications, the actual changes and the impact on manufacturers is relatively slight. Changing to the new Directive should not be too difficult for manufacturers and furthermore EC-type-examination certificates which have been issued under the current ATEX Directive (94/9/EC) will be valid under the new Directive (2014/34/EU).

Please note: EC-type-examination certificates are NOT the same as EU Declarations of Conformity which, if issued under the ATEX Directive, will cease to be valid when the current ATEX Directive (94/9/EC) is repealed on 20^th April 2016.

Terminology Changes, Clarifications and Additions

As with the other Directives which have been aligned with the NLF, a number of terms have been changed and even some new terms have been introduced, as can be seen in the tables below:

Table 1- Terminology correlation table

Table 2 – New definitions in 2014/34/EU

Scope

The types of products which are covered by the directive remains the same, however the scope has been modified to make it clear that components intended to be incorporated into equipment and protective systems, do fall within the scope of the ATEX Directive.

Obligations of Economic Operators

The Directive now specifically details the obligations of Manufacturers (M), Authorised Representatives (AR), Importers (I) and Distributors (D). These obligations are summarised in the table below:

Table 3 – Summary of obligations to be undertaken by economic operators

Essential Health and Safety Requirements

The requirements of manufacturers contained within the Annex II of the Directive, concerning the Essential health and safety requirements remain largely the same as the previous Directive. The only potentially significant difference is contained within clause 1.5 which contains requirements with respect to safety-related-devices. The clause now states that the ‘fail-safe principle’ should be applied in general, as opposed to just the electrical circuits, as was the previous requirement. In reality the majority of manufactures have already been applying the fail-safe principle to all systems in their products where necessary as determined through the use of Ignition Hazard Assessment and Harmonised Standards.

Assessment Modules

The assessment modules have been aligned with the NLF and Decision 768/2008/EC. As such many of the titles have been modified as indicated below:

Table 4 – Correlation table for module headings

Each conformity module has been split into the following distinct topic sections with the following headings (where applicable to the conformity module):

However the only sections which add or modify any requirements for an economic operator are highlighted below along with a summary of the changes.

EU Declaration of Conformity

The EC Declaration of Conformity is now referred to as an EU Declaration of Conformity and should now include the following information:

Other Changes

There are a number of other differences between the current and new ATEX Directives, but theses generally will only affect the operation of notified bodies and member states and will not require manufacturers and other economic operators to make changes in order for them to be accommodated.

The Text of the New ATEX Directive

The PDF text of the new ATEX Directive 2014/34/EU can be accessed through the link below:

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0034&from=EN

During 2009 to 2011 the European Commission held public consultations regarding the suitability and effectiveness of the General Product Safety Directive (2001/95/EC). Whilst it was generally felt that the Directive contains the correct core elements, it was decided that a revision was required due to overlaps in; current market surveillance rules set out in various pieces of EU legislation; and, the requirements of the New Legislative Framework for the Marketing of Products and its corresponding Regulation (EC) No 765/2008 (Requirements for accreditation and market surveillance relating to the marketing of products). Subsequently, in 2013 a ‘Product Safety and Market Surveillance’ package was introduced which includes four main elements;

Significantly, the proposed new ‘Consumer Product Safety Regulation’, that is set to repeal Directives 2001/95/EC (General Product Safety) and 87/357/EEC (Dangerous Imitations), is intended to; simplify legislation, create uniform rules and remove legislative overlaps in regards to the safety of consumer products; improve product identification and traceability combined with the enhanced use of the Rapid Alert Information System (RAPEX); align itself with Regulation (EC) No 768/2008 (A common framework for the marketing of products); and, promote the increased use of European standards by developing existing standards and creating new ones in alignment with the European Standardisation Regulation 1025/2012.

As a result, it is hoped that; it will become easier to identify and remove dangerous products from the EU market; the responsibilities of manufacturers, importers and distributors will be more clearly defined; product recalls and other marketing restrictions (such as bans) will be easier to implement through improved traceability; there will be increased synergy between RAPEX and ICSMS (the Information and Communication System for Market Surveillance) resulting in improved awareness of dangerous products; there will be significant alignment between all consumer product safety rules and market surveillance activities.

The actions proposed in the Product Safety and Market Surveillance package were intended to be implemented from 2013 to 2015 and it is understood that this has been the case, however, it is still unclear precisely when the proposed Consumer Product Safety Regulation will come into force and repeal the GPSD. Indeed, the requirements of this proposed regulation are yet to be confirmed as being set in stone.

Our presentation is now available to download – Please click here (PDF – 1MB)

The Northern Manufacturing and Electronic Shows is coming to Manchester on the 1st & 2nd October 2014 and the CE Marking Association are offering FREE seminars about CE marking and the forthcoming changes. Parking and admittance to the show is also FREE!

At the Northern Show, Peter Evans, Principal Compliance Engineer at the CE Marking Association, will be giving the a FREE seminar on both days (14:10 on Wednesday 1st October and then 10:50 on Thursday 2nd). During seminar Peter will discuss the conformity requirements for placing your products on the market in Europe, including equipment built for own use. We will also discuss the forthcoming changes in product legislation in 2014 and beyond. After the discussion, Peter and his colleague, Neil Sulem, will be available to discuss and answer any questions on product conformity.

The exhibition also features other free manufacturing related seminars and features hundreds of exhibitors with products and services that cover all aspects of manufacturing and electronics. The Northern Show will be held at Event City which is near the Trafford shopping centre in Manchester (Postcode M17 8AS) and like our CE Marking seminars, the show is FREE to attend, so long as you are an industry professional. Free parking is also available.

If you would like to attend, then why not pre-register today for free at http://www.industrynorth.co.uk/

We look forward to meeting you at the show!

The Low Voltage Directive, now 2006/95/EC, has seen little change, other than its recodification from the previous number 73/23/EEC, since it became mandatory for most manufacturers of electrical equipment in 1996. However, as part of the measures initiated by the New Legislative Framework (NLF) in 2008, the Low Voltage Directive is one of a number of CE Marking Directives that have been revised with a view to aligning them with the common framework as defined in EU Decision No. 768/2008/EU. Subsequently, a NEW recast Low Voltage Directive 2014/35/EU was published in the Official Journal of the European Union on 29th March 2014. This new Directive came into force on the 18^th April 2014, however, the current directive (2006/95/EC) will not be repealed until April 20^th 2016 and until this 2016 date, manufacturers can continue to distribute products that comply with the current Directive.

OVERVIEW:

The new Directive certainly appears very different at first glance, the pdf. version expanding from 10 pages to 18, but upon closer examination much of these changes appear to be reformatting, rewording and reordering with some elaboration on certain requirements and terms. The actual changes, and how they are likely to affect manufacturers are relatively slight, and as such, changing to the new Directive should be fairly simple.

SCOPE:

The scope remains the same, however, the list of equipment and phenomena outside the scope of the Directive has had a new addition:

Custom built evaluation kits destined for professionals to be used solely at research and development facilities for such purposes.

OBLIGATIONS:

As with most of the other recast Directives that have been aligned with the NLF, for manufacturers there are no real changes and the process is pretty much the same as the current Directive, providing that they follow the general principles as set out in Article 30 of Regulation (EC) No 765/2008. Additional, or expanded, requirements for manufacturers include;

Additionally, the Directive now specifically details the obligations of Authorised Representatives, Importers and Distributors. In particular, the obligations for importers have been spelt out, which goes a long way to clarifying their role in the CE Marking process. These obligations include;

Lastly, a completely new addition in Articles 13 and 14 of 2014/35/EU include provision for acquiring a ‘Presumption of Conformity’ on the basis of complying with International and/or National standards where an appropriate European harmonised standard is not published in the Official Journal of the EU.

TECHNICAL FILE requirements:

Whilst the itemised minimum contents required for the technical file have not changed, and it is still a requirement that documentation shall cover, as far as relevant for the assessment, the design, manufacture and operation of the electrical equipment, sufficient to assess the electrical equipment’s conformity to the relevant requirements, it is now stated that the technical documentation shall include ‘an adequate analysis and assessment of the risk(s)’.

SAFETY OBJECTIVES:

The requirement to include the brand name or the trade mark on the electrical equipment or, where not possible, on the packaging, has been removed from the safety Objectives as still listed in Annex I, however, Article 6(6) of the Directive requires that manufacturers indicate their name, trade name, or trade mark, and the postal address at which they can be contacted on the electrical equipment, or, where that is not possible, on its packaging or in an accompanying document.

DECLARATION:

The requirements for the Declaration of Conformity, now to be found in Annex IV, have been slightly modified. As opposed to list of contents, Annex IV is a suggested template for the Declaration, and the changes include;

The following lists of harmonised standards referenced on the European Commission’s Official Journal have been updated  in July and August 2014:

– General Product Safety Directive

– Machinery Directive

– Construction Products Regulation

– Energy Labelling & Eco-Design Requirements of Vacuum Cleaners