Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 1996

This module describes the procedure whereby the manufacturer or his authorised representative established in the Community, who carries out the obligations laid down in paragraph 2, ensures and declares that the equipment satisfies the requirements of the ATEX Directive applicable to it. The manufacturer or his authorised representative established in the Community shall affix the CE marking to each piece of equipment and draw up a written declaration of conformity.

2

The manufacturer shall establish the technical documentation described in paragraph 3 and he or his authorised representative established in the Community shall keep it at the disposal of the relevant national authorities for inspection purposes for a period ending at least 10 years after the last piece of equipment was manufactured.

3

Technical documentation shall enable the conformity of the equipment with the relevant requirements of the ATEX Directive to be assessed. It shall, to the extent necessary for such assessment, cover the design, manufacture and operation of the product. It shall contain:

• a general description of the equipment;

• conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

• descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the equipment;

• a list of the standards applied in full or in part, and descriptions of the solutions adopted to meet the safety aspects of the ATEX Directive where the standards have not been applied;

• results of design calculations made, examinations carried out, etc.;

• test reports.

4

The manufacturer or his authorised representative shall keep a copy of the declaration of conformity with the technical documentation.

5

The manufacturer shall take all measures necessary to ensure that the manufacturing process guarantees compliance of the manufactured equipment with the technical documentation referred to in paragraph 2 and with the requirements of the ATEX Directive applicable to such equipment.

SCHEDULE 11 — Module: Unit verification

1

This module describes the procedure whereby the manufacturer ensures and declares that the equipment or protective system which has been issued with the certificate referred to in paragraph 2 conforms to the requirements of the ATEX Directive which are applicable to it. The manufacturer or his authorised representative established in the Community shall affix the CE marking to the equipment or protective system and draw up a declaration of conformity.

2

The notified body shall examine the individual equipment or protective system and carry out the appropriate tests as set out in the relevant standard(s) referred to in Article 5 of the ATEX Directive, or equivalent tests, to ensure its conformity with the relevant requirements of the ATEX Directive.

3

The aim of the technical documentation is to enable conformity with the requirements of the ATEX Directive to be assessed and the design, manufacture and operation of the equipment or protective system to be understood.

SCHEDULE 12 — Content of the EC declaration of conformity

The EC declaration of conformity must contain the following elements:

• the name or identification mark and the address of the manufacturer or his authorised representative established in the Community;

• a description of the equipment, protective system or device referred to in Article 1(2) of the ATEX Directive;

• all relevant provisions fulfilled by the equipment, protective system, or device referred to in Article 1(2) of the ATEX Directive;

• where appropriate, the name, identification number and address of the notified body and the number of the EC type-examination certificate;

• where appropriate, reference to the harmonized standards;

• where appropriate, the standards and technical specifications which have been used;

• where appropriate, references to other Community Directives which have been applied;

• identification of the signatory who has been empowered to enter into commitments on behalf of the manufacturer or his authorised representative established in the Community.

SCHEDULE 13 — Enforcement

Enforcement in relation to relevant products

1

In relation to relevant products—

• (a) it shall be the duty of the Department to make adequate arrangements for the enforcement of these Regulations, and accordingly a reference in the provisions applied for the purposes of such enforcement by sub-paragraph (b) to an “enforcing authority” shall be construed as a reference to the Department;

• (b) Articles 21 to 33[^f00025], 35, 36, 38 and 39 of the 1978 Order shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if—

• (i) references to relevant statutory provisions were references to those Articles as applied by this paragraph and to these Regulations;

• (ii) references to articles, substances, articles and substances, or plant, were references to relevant products;

• (iii) in Article 22, paragraph (3) were omitted;

• (iv) in Article 25, paragraphs (3), (4) and (5) were omitted;

• (v) in Article 31—

• (aa) in paragraph (1) the whole of sub-paragraphs (a) to (d) were omitted;

• (bb) paragraph (1A) were omitted;

• (cc) in paragraph (2), the reference to sub-paragraph (d) of paragraph (1) were omitted;

• (dd) paragraph (2A) were omitted;

• (ee) for paragraph (4) there were substituted the following paragraph:—

(4) A person guilty of an offence under any sub-paragraph of paragraph (1) not mentioned in paragraph (2) or of an offence under paragraph (1)(e) not falling within paragraph (2) shall be liable— (a) on summary conviction, to a fine not exceeding level 5 on the standard scale; or (b) on conviction on indictment— (i) in the case of an offence under paragraph (1)(g), (j) or (o), to imprisonment for a term not exceeding two years, or a fine, or both; or (ii) in all other cases, to a fine.

; and

• (ff) paragraph (5) were omitted;

• (vi) in Article 32—

• (aa) sub-paragraphs (a) and (b) were omitted from paragraph (1); and

• (bb) in paragraph (3), for “six months” there were substituted “twelve months”; and

• (vii) in Article 39, paragraphs (4) and (5) were omitted; and

• (c) Articles 34(1) and (2) shall apply in relation to offences under Article 31 as applied to these Regulations by sub-paragraph (b).

Forfeiture

2

• (1) The Department may apply under this paragraph for an order for the forfeiture of any relevant product on the grounds that there has been a contravention in relation thereto of regulation 6, 7 or 8.

• (2) An application under this paragraph may be made—

• (a) where proceedings have been brought in a magistrates' court in respect of an offence in relation to some or all of the relevant products under regulation 16 to that court; and

• (b) where an application for the forfeiture of the relevant products has not been made under sub-paragraph (a), by way of complaint to a magistrates' court.

• (3) On an application under this paragraph the court shall make an order for the forfeiture of the relevant products only if it is satisfied that there has been a contravention in relation thereto of regulation 6, 7 or 8.

• (4) For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this paragraph that there has been a contravention in relation to any relevant products of regulation 6, 7 or 8 if it is satisfied that that regulation has been contravened in relation to a relevant product which is representative of that relevant product (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

• (5) Any person aggrieved by an order made under this paragraph by a magistrates' court, or by a decision of such court not to make such an order, may appeal against that order or decision to the county court and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981[^f00026] (statement of case)).

• (6) Subject to sub-paragraph (7), where any relevant product is forfeited under this paragraph it shall be destroyed in accordance with such directions as the court may give.

• (7) On making an order under this paragraph a magistrates' court may, if it considers it appropriate to do so, direct that the relevant product to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—

• (a) does not supply the relevant product to any person otherwise than—

• (i) to a person who carries on a business of buying relevant products of the same description as the first mentioned product and repairing or reconditioning it; or

• (ii) as scrap (that is to say, for the value of materials included in the relevant product rather than for the value of the relevant product itself); and

• (b) complies with any order to pay costs or expenses which has been made against that person in the proceedings for the order for forfeiture.

Duty of Department to inform Secretary of State of action taken

4

The Department shall, where action has been taken by it to prohibit or restrict the supply or putting into service (whether under these Regulations or otherwise) of any relevant product which bears the CE marking forthwith inform the Secretary of State of the action taken, and the reasons for it, with a view to this information being passed by him to the Commission.

Savings

5

Nothing in these Regulations shall be construed as preventing the taking of any action in respect of any relevant product under the provisions of the 1978 Order.

Interpretation

6

In this Schedule—

• “the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978[^f00027]; and

• “relevant product” means an item of equipment, a protective system, a device or component, as the case may be, to which these Regulations apply.

Signed

Sealed with the Official Seal of the Department of Economic Development on

Philip B. Strong — Assistant Secretary — 24th June 1996.

Explanatory note

(This note is not part of the Regulations.)

1 These Regulations implement as respects Northern Ireland the European Parliament and the Council Directive No. 94/9/EC on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (the ATEX Directive). Subject to certain limited exceptions, references in the Regulations to the Community or a Member State include respectively a reference to the EEA or an EEA State, which are defined in regulation 2(1)(b).

2 Part I provides for the revocation of certain Regulations as from 1st July 2003 and includes some general definitions.

3 Part II provides for the application of the Regulations. They apply to equipment and protective systems intended for use in potentially explosive atmospheres, devices and components (relevant definitions are contained in regulation 3), other than those excluded by regulation 4 or 5. The Regulations do not apply to the equipment, protective systems or devices specified in Schedule 4 or components for them (regulation 4). Regulation 5 sets out transitional arrangements whereby the Regulations do not apply to equipment or a protective system placed on the market in the Community or the European Economic Area on or before 30th June 2003 which complies with the health and safety provisions in respect of it which were in operation in Northern Ireland on 23rd March 1994.

4 Part III sets out the general requirements of the Regulations. Regulation 6 imposes a duty on a “responsible person” (as defined in regulation 2(2)) who places on the market equipment, a protective system or device to ensure that it satisfies the relevant essential health and safety requirements and that the appropriate conformity assessment procedure has been carried out. In addition, the CE marking must be affixed to it by the manufacturer or his authorised representative established in the Community or the EEA in accordance with Schedule 1. Schedule 1 also includes provisions relating to inscriptions other than the CE marking. The relevant product must also be safe. Any person, other than the responsible person, who supplies equipment, a protective system or device must ensure that it is safe (regulation 7) although the regulation does not apply to such a product if it has been placed on the Community or EEA market before 29th July 1996 or has previously been put into service in the Community or the EEA.

5 Regulation 8 requires a responsible person who places a component on the market to ensure that the appropriate conformity assessment procedure has been carried out and that it is accompanied by a certificate, issued by the manufacturer or his authorised representative established in the Community or the EEA, which incorporates the specified declaration and statement.

6 For the purposes of regulations 6 and 8, a product is not to be regarded as being placed on the market where it is for export outside the Community or the EEA or is exhibited at a trade fair or exhibition (regulation 9).

7 The essential health and safety requirements (Annex II to the ATEX Directive) are set out in Schedule 2. Regulation 2 defines “relevant essential health and safety requirements”.

8 The conformity assessment procedures are set out in various “Modules” in Annexes III to IX to the ATEX Directive (which are set out in Schedules 5 to 11). The appropriate conformity assessment procedure is determined in accordance with regulation 10, on the basis of the equipment-group (as defined in regulation 2(2)) and the equipment-category (as determined by the criteria in Schedule 3) of the product.

9 Regulation 12 provides for the appointment of notified bodies in Northern Ireland and specifies their functions. Regulation 13 provides for these bodies to charge fees.

10 Regulation 14 sets out the conditions for relevant products being taken to comply with the provisions of the ATEX Directive.

11 Part IV and Schedule 13 make provision for the enforcement of the Regulations by the Department of Economic Development. Regulation 16 provides for the offences and penalties for breach of the Regulations. There are also provisions relating to the defence of due diligence (regulation 17) and liability of persons other than the principal offender (regulation 18).

12 Certain amendments of existing Regulations are made by regulations 19 and 20. Regulation 19 amends the Electricity at Work Regulations (Northern Ireland) 1991 in order to incorporate references to Commission Directives No. 91/269/EEC and No. 94/44/EC which adapted to technical progress Council Directive No. 82/130/EEC concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp. Regulation 20 makes a consequential amendment to the Provision and Use of Work Equipment Regulations (Northern Ireland) 1993 (“the 1993 Regulations”) and provides that these Regulations are to take effect for the purposes of the enforcement of regulation 10 of the 1993 Regulations as if that amendment had been made by means of Regulations made under Article 17 of the Health and Safety at Work (Northern Ireland) Order 1978.

13 Schedule 12 specifies the content of the EC declaration of conformity.

Footnotes

[^f00001]: S.I. 1995/751

[^f00002]: 1972 c. 68

[^f00003]: S.R. 1990 No. 284

[^f00004]: S.R. 1995 No. 275

[^f00005]: O.J. No. L100, 19.4.94, p. 1

[^f00006]: The EEA Agreement came into force in relation to Liechtenstein on 1st May 1995 (O.J. No. L86, 20.4.95, p. 58)

[^f00007]: The application of the ATEX Directive was extended to the EEA from 1st December 1994 by virtue of Decision 14/94 of the EEA Joint Committee (O.J. No. L325, 17.12.94, p. 65) which inserted a reference to that Directive at point 7A in Chapter X of Annex II to the EEA Agreement

[^f00008]: O.J. No. L109, 26.4.83, p. 8; Council Directive No. 83/189/EEC was amended by Council Directive No. 88/182/EEC (O.J. No. L81, 26.3.88, p. 75), Commission Decision No. 92/400/EEC (O.J. No. L221, 6.8.92, p. 55) and Directive No. 94/10/EC of the European Parliament and the Council (O.J. No. L100, 19.4.94, p. 30)

[^f00009]: 1954 c. 33 (N.I.)

[^f00010]: O.J. No. L24, 30.1.76, p. 45

[^f00011]: O.J. No. L43, 20.2.79, p. 20; Council Directive No. 79/196/EEC was adapted to technical progress by Commission Directives No. 84/47/EEC (O.J. No. L31, 2.2.84, p. 19), No. 88/571/EEC (O.J. No. L311, 17.11.88, p. 46) and No. 94/26/EC (O.J. No. L157, 24.6.94, p. 33) and was amended by Council Directives No. 88/665/EEC (O.J. No. L382, 31.12.88, p. 42) and No. 90/487/EEC (O.J. No. L270, 2.10.90, p. 23)

[^f00012]: O.J. No. L59, 2.3.82, p. 10; Council Directive No. 82/130/EEC was adapted to technical progress by Commission Directives No. 88/35/EEC (O.J. No. L20, 26.1.88, p. 28), No. 91/269/EEC (O.J. No. L134, 29.5.91, p. 51) and No. 94/44/EC (O.J. No. L248, 23.9.94, p. 22)

[^f00013]: Notified bodies meeting the assessment criteria laid down in the relevant harmonized standards are presumed to meet the minimum criteria

[^f00014]: 1973 c. 51

[^f00015]: S.I. 1978/1039 (N.I. 9)

[^f00016]: S.R. 1991 No. 13

[^f00017]: O.J. No. L59, 2.3.82, p. 10

[^f00018]: O.J. No. L20, 26.1.88, p. 28

[^f00019]: O.J. No. L134, 29.5.91, p. 51

[^f00020]: O.J. No. L248, 23.9.94, p. 22

[^f00021]: S.R. 1993 No. 19; Schedule 1 was substituted by S.R. 1995 No. 26 and amended by S.R. 1996 No. 109

[^f00022]: See Schedule 2 to these Regulations

[^f00023]: See Schedule 2 to these Regulations

[^f00024]: O.J. No. L399, 30.12.89, p. 18

[^f00025]: Article 24(1) and (2) was amended, and Article 24(3) substituted, by Article 28 of, and paragraph 3 of Schedule 2 to, the Consumer Protection (Northern Ireland) Order 1987 S.I. 1987/2049 (N.I. 20). Article 26(4) was repealed by Article 35 of, and Schedule 4 to, the Industrial Training (Northern Ireland) Order 1984 S.I. 1984/1159 (N.I. 9). Articles 27A and 29A were inserted, and Articles 30(1)(a) and 31(1)(h) amended, by Article 28 of, and paragraphs 4, 5, 6 and 7 respectively of Schedule 2 to, S.I. 1987/2049 (N.I. 20). Article 29(2) to (4) was repealed by Article 10(1)(c) of the Statistics of Trade and Employment (Northern Ireland) Order 1988 S.I. 1988/595 (N.I. 3). Article 31(1)(j) was amended by Article 10(1)(c) of S.I. 1988/595 (N.I. 3); Article 31(1)(m) was amended by Article 13(3) of, and Schedule 5 to, the Criminal Justice (Northern Ireland) Order 1986 S.I. 1986/1883 (N.I. 15); Article 31(1A) and (2A) was respectively inserted by Article 6(3) and (4) of the Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 S.I. 1992/1728 (N.I. 17); Article 31(4) was amended by Article 6(5) of S.I. 1992/1728 (N.I. 17); Article 31(5)(d) and (6) was repealed by Article 6(6) of S.I. 1992/1728 (N.I. 17); and Article 31(7) was repealed by section 30 of, and Part III of the Schedule to, the Forgery and Counterfeiting Act 1981 (c. 45). There are other amendments to Articles 31 and 32 which are not relevant to these Regulations.

[^f00026]: S.I. 1981/1675 (N.I. 26)

[^f00027]: S.I. 1978/1039 (N.I. 9)