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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016

S.I. 2016/1107 · Made 15 November 2016 · Extends to England, Wales and Scotland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 27 February 2025.

See the changes not yet applied
ProvisionChangeMade by
Sch. 2 para. 1(1)word omittedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 7(a)
Sch. 2 para. 1(1)(c) and wordinsertedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 7(b)

Health And Safety

Made 15th November 2016

Laid before Parliament 16th November 2016

Coming into force 8th December 2016

The Secretary of State is a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to equipment and protective systems intended for use in potentially explosive atmospheres.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.C1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1Af3 of Schedule 2 to, the European Communities Act 1972:

Annotations to the whole text

Modifications

C1

Regulations modified (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 6

Footnotes

f1

S.I. 1995/751.

f2

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

f3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 2ADesignated standard
  5. 3Scope
  6. 4Exceptions for trade fairs, exhibitions and demonstrations
  7. Part 2: Obligations of economic operators
  8. Chapter 1: Manufacturers
  9. 5Design and manufacture in accordance with essential health and safety requirements
  10. 6Technical documentation and conformity assessment
  11. 7Declaration of conformity and UK marking
  12. 8Retention of technical documentation and ... declaration of conformity
  13. 9Compliance procedures for series production
  14. 10Monitoring
  15. 11Labelling and packaging of products
  16. 12Labelling and packaging of products, other than components
  17. 13Information identifying manufacturer
  18. 14Provision of instructions and safety information
  19. 15Duty to take action in respect of a product placed on the market which is considered not to be in conformity
  20. 16Provision of information and cooperation
  21. 17Authorised representatives
  22. Chapter 2: Importers
  23. 18Prohibition on placing on the market products which are not in conformity
  24. 19Requirements which must be satisfied before an importer places a product on the market
  25. 20Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements
  26. 21Information identifying importer
  27. 22Provision of Instructions and safety information
  28. 23Storage and transport
  29. 24Monitoring
  30. 25Duty to take action in respect of a product placed on the market which is considered not to be in conformity
  31. 26Provision of information and cooperation
  32. 27Retention of technical documentation and ... declaration of conformity
  33. Chapter 3: Distributors
  34. 28Duty to act with due care
  35. 29Requirements which must be satisfied before a distributor makes a product available on the market
  36. 30Storage and transport
  37. 31Prohibition on making available on the market where product not considered to be in conformity with safety objectives
  38. 32Duty to take action in respect of products made available on the market which are not in conformity
  39. 33Provision of information and cooperation
  40. Chapter 4: Importers and distributors
  41. 34Cases in which obligations of manufacturers apply to importers and distributors
  42. Chapter 5: All economic operators
  43. 35Identification of economic operators
  44. 36Prohibition on improper use of UK marking
  45. 36AObligations which are met by complying with obligations in the ATEX Directive
  46. 36BConformity assessment procedure obligation which is met by complying with the ATEX Directive
  47. 36CFurther Use of UK marking
  48. 36DQualifying Northern Ireland Goods
  49. 37Translation of declaration of conformity Repealed
  50. Part 3: Conformity assessment
  51. 38Presumption of conformity
  52. 39Conformity assessment procedures
  53. 40... Declaration of conformity
  54. 41UK Marking
  55. Part 4: Approval of Conformity Assessment Bodies
  56. 42Approved bodies
  57. 43Approval of conformity assessment bodies
  58. 44Presumption of conformity of approved bodies
  59. 45Monitoring
  60. 46Restriction, suspension or withdrawal of approval
  61. 47Operational matters in relation to approved bodies
  62. 48Subsidiaries and contractors
  63. 49Register of approved bodies
  64. 50UK national accreditation body
  65. Part 5: Market surveillance and enforcement
  66. 51Designation of market surveillance authority
  67. 52Enforcement
  68. 53Enforcement powers
  69. 54Exercise of enforcement powers
  70. 55Evaluation of a product presenting a risk
  71. 56Enforcement action in respect of products which are not in conformity and which present a risk
  72. 57EU safeguard procedure Repealed
  73. 58Enforcement action in respect of products which are in conformity, but present a risk
  74. 59Enforcement action in respect of formal non-compliance
  75. 60Restrictive measures
  76. 61Offences
  77. 62Penalties
  78. 63Defence of due diligence
  79. 64Liability of persons other than principal offender
  80. 65Time limit for prosecution of offences
  81. 66Service of documents
  82. 67Recovery of expenses of enforcement
  83. 68Action by the market surveillance authority
  84. 69Appeals against notices
  85. 70Appropriate court for appeals against notices
  86. Part 6: Miscellaneous
  87. 71Review
  88. 72Transitional provisions
  89. 72ATransitional provision in relation to EU Exit
  90. 73Revocations and savings
  91. 74Consequential Amendments
  92. Signature
  93. Schedule 1: Essential Health and Safety Requirements
  94. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES (Annex II of the ATEX Directive)
  95. 1Preliminary observations
  96. COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS
  97. General requirements
  98. 2Principles of integrated explosion safety
  99. 3Special checking and maintenance conditions
  100. 4Surrounding area conditions
  101. 5Marking
  102. 6Instructions
  103. 7Selection of materials
  104. 8Design and construction
  105. 9Enclosed structures and prevention of leaks
  106. 10Dust deposits
  107. 11Additional means of protection
  108. 12Safe opening
  109. 13Protection against other hazards
  110. 14Overloading of equipment
  111. 15Flameproof enclosure systems
  112. POTENTIAL IGNITION SOURCES
  113. 16Hazards arising from different ignition sources
  114. 17Hazards arising from static electricity
  115. 18Hazards arising from stray electric and leakage currents
  116. 19Hazards arising from overheating
  117. 20Hazards arising from pressure compensation operations
  118. 21Hazards arising from external effects
  119. 22Requirements in respect of safety-related devices
  120. 23Control and display units
  121. 24Requirements in respect of devices with a measuring function for explosion protection
  122. 25Risks arising from software
  123. 26Integration of safety requirements relating to the system
  124. 27Hazards arising from power failure
  125. 28Hazards arising from connections
  126. 29Placing of warning devices as parts of equipment
  127. SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT
  128. Requirements applicable to equipment in equipment - group I
  129. 30Requirements applicable to equipment in category M 1 of equipment-group I
  130. 31Requirements applicable to equipment in category M 2 of equipment-group I
  131. Requirements applicable to equipment in category 1 of equipment - group II
  132. 32Explosive atmospheres caused by gases, vapours or mists
  133. 33Explosive atmospheres caused by air and dust mixtures
  134. Requirements applicable to equipment category 2 of equipment - group II
  135. 34Explosive atmospheres caused by gases, vapours or mists
  136. 35Explosive atmospheres caused by air and dust mixtures
  137. Requirements applicable to equipment category 3 of equipment – groupII
  138. 36Explosive atmospheres caused by gases, vapours or mists
  139. 37Explosive atmospheres caused by air and dust mixtures
  140. Supplementary requirements in respect of protective systems
  141. 38General requirements
  142. Planning and design
  143. 39Characteristics of materials
  144. 40Pressure-relief systems
  145. 41Explosion suppression systems
  146. 42Explosion decoupling systems
  147. 43Explosion decoupling systems
  148. Schedule 1A: Criteria determining the classification of equipment-groups into categories (Annex I to the ATEX Directive)
  149. 1Paragraph 1
  150. 2Paragraph 2
  151. Schedule 2: Approved body requirements
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. 4Paragraph 4
  156. 5Paragraph 5
  157. 6Paragraph 6
  158. 7Paragraph 7
  159. 8Paragraph 8
  160. 9Paragraph 9
  161. 10Paragraph 10
  162. 11Paragraph 11
  163. 12Paragraph 12
  164. 13Paragraph 13
  165. 14Paragraph 14
  166. 15Paragraph 15
  167. 16Paragraph 16
  168. 17Paragraph 17
  169. 18Paragraph 18
  170. Schedule 3: Operational obligations of approved bodies
  171. 1Paragraph 1
  172. 2Paragraph 2
  173. 3Paragraph 3
  174. 4Paragraph 4
  175. 5Paragraph 5
  176. 6Paragraph 6
  177. 7Paragraph 7
  178. 8Paragraph 8
  179. 9Paragraph 9
  180. 10Paragraph 10
  181. 11Paragraph 11
  182. 12Paragraph 12
  183. 13Paragraph 13
  184. 14Paragraph 14
  185. Schedule 3A: Conformity Assessment Procedures (Annexes III to IX of the ATEX Directive)
  186. Part 1
  187. 1TYPE EXAMINATION
  188. 2Paragraph 2
  189. 3Paragraph 3
  190. 4Paragraph 4
  191. 4.1Paragraph 4.1
  192. 4.2Paragraph 4.2
  193. 4.3Paragraph 4.3
  194. 4.4Paragraph 4.4
  195. 5Paragraph 5
  196. 6Paragraph 6
  197. 7Paragraph 7
  198. 8Paragraph 8
  199. 9Paragraph 9
  200. 10Paragraph 10
  201. Part 2: CONFORMITY TO TYPE BASED ON QUALITY ASSURANCE OF THE PRODUCTION PROCESS
  202. 1Paragraph 1
  203. 2Manufacturing
  204. 3Quality system Repealed
  205. 3.1Paragraph 3.1
  206. 3.2Paragraph 3.2
  207. 3.3Paragraph 3.3
  208. 3.4Paragraph 3.4
  209. 3.5Paragraph 3.5
  210. 4Surveillance under the responsibility of the approved body Repealed
  211. 4.1Paragraph 4.1
  212. 4.2Paragraph 4.2
  213. 4.3Paragraph 4.3
  214. 4.4Paragraph 4.4
  215. 5UK marking, declaration of conformity and attestation of conformity Repealed
  216. 5.1Paragraph 5.1
  217. 5.2Paragraph 5.2
  218. 5.3Paragraph 5.3
  219. 6Paragraph 6
  220. 7Paragraph 7
  221. 8Authorised representative
  222. Part 3: CONFORMITY TO TYPE BASED ON PRODUCT VERIFICATION
  223. 1Paragraph 1
  224. 2Manufacturing
  225. 3Verification
  226. 4Verification of conformity by examination and testing of every product Repealed
  227. 4.1Paragraph 4.1
  228. 4.2Paragraph 4.2
  229. 5UK marking, declaration of conformity and attestation of conformity Repealed
  230. 5.1Paragraph 5.1
  231. 5.2Paragraph 5.2
  232. 5.3Paragraph 5.3
  233. 6Paragraph 6
  234. 7Authorised representative
  235. Part 4: CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCT TESTING
  236. 1Paragraph 1
  237. 2Manufacturing
  238. 3Product checks
  239. 4UK marking, declaration of conformity and attestation of conformity Repealed
  240. 4.1Paragraph 4.1
  241. 4.2Paragraph 4.2
  242. 4.3Paragraph 4.3
  243. 5Authorised representative
  244. Part 5: CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE
  245. 1Paragraph 1
  246. 2Manufacturing
  247. 3Quality System Repealed
  248. 3.1Paragraph 3.1
  249. 3.2Paragraph 3.2
  250. 3.3Paragraph 3.3
  251. 3.4Paragraph 3.4
  252. 3.5Paragraph 3.5
  253. 4Surveillance under the responsibility of the approved body Repealed
  254. 4.1Paragraph 4.1
  255. 4.2Paragraph 4.2
  256. 4.3Paragraph 4.3
  257. 4.4Paragraph 4.4
  258. 5UK marking, declaration of conformity and attestation of conformity Repealed
  259. 5.1Paragraph 5.1
  260. 5.2Paragraph 5.2
  261. 5.3Paragraph 5.3
  262. 6Paragraph 6
  263. 7Paragraph 7
  264. 8Authorised representative
  265. Part 6: INTERNAL PRODUCTION CONTROL
  266. 1Paragraph 1
  267. 2Technical documentation
  268. 3Manufacturing
  269. 4UK marking, declaration of conformity and attestation of conformity Repealed
  270. 4.1Paragraph 4.1
  271. 4.2Paragraph 4.2
  272. 4.3Paragraph 4.3
  273. 5Authorised representative
  274. Part 7: CONFORMITY BASED ON UNIT VERIFICATION
  275. 1Paragraph 1
  276. 2Technical documentation Repealed
  277. 2.1Paragraph 2.1
  278. 2.2Paragraph 2.2
  279. 3Manufacturing
  280. 4Verification
  281. 5UK marking, declaration of conformity and attestation of conformity Repealed
  282. 5.1Paragraph 5.1
  283. 5.2Paragraph 5.2
  284. 5.3Paragraph 5.3
  285. 6Authorised representative
  286. Schedule 4: Enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act
  287. 1Enforcement powers under the 1974
  288. 2Modifications to the 1974 Act
  289. Schedule 5: Compliance, withdrawal and recall notices
  290. 1Compliance notice
  291. 2Withdrawal notice
  292. 3Recall notice
  293. 4Interpretation
  294. Schedule 6: ... Declaration of Conformity (No. XXXX)
  295. 1Paragraph 1
  296. 2Paragraph 2
  297. 3Paragraph 3
  298. 4Paragraph 4
  299. 5Paragraph 5
  300. 6Paragraph 6
  301. 7Paragraph 7
  302. 8Paragraph 8
  303. Explanatory note