The new ATEX directive : 2014/34/EU

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The new ATEX directive : 2014/34/EU

No major changes… but adjustments needed

 

The directive 2014/34/EU, which is a revision of the current 94/9/EC directive, was published in the official journal of the European Union dated March 29 th 2014. Since that date, contradictory information on its application has been issued: here is an update on the information available at this date.

Main changes

  • The EC declaration of conformity becomes an EU declaration of conformity. 
  • The EC type examination certificate becomes an EU type examination certificate. 
  • Importers are required to put their names and addresses on the products. 
  • Manufacturer’s, importer’s and distributor’s responsibilities, with regard to placing the products on the market (in particular requirements for traceability and market surveillance) are more precisely defined and reinforced. 
  • Requirements applicable to the notified bodies are reinforced.

What does not change

  • The CE marking (it concerns the European Conformity). 
  • The scope of the directive and its essential health and safety requirements. 
  • The conformity assessment procedures. 
  • The classification of Groups and categories of equipment and the “ATEX” marking..

Date of application

Directive 94/9/EC will be abrogated on April 19th, 2016. It remains fully applicable until this date.
From April 20th , 2016 the new 2014/34/EU directive will come into force: 
  • EU declarations of conformity according to 2014/34/EU directive must replace the EC declarations of conformity. 
  • The issuance of certificates according to the new directive becomes possible. 

Guidance documents

  • The new ATEX guidelines dedicated to Directive 2014/34/EU should be published before April 20th, 2016.
  • A specific workshop held on september 2015 was organized by the European commission, with the attendance of LCIE. Find here the document relative to the answers given during the meeting.

FAQs 

The new directive becomes applicable from April 20th, 2016. The products stored must have been prepared to meet the new requirements.

 

 

An apparatus must meet the legal obligations when it is placed on the market for the first time. Products stored at distributors’ or users’ are considered as placed on the market already : 2014/34/EU directive does not apply.

 

 

Unlike for other directives (R&TTE for example), there is no transition period during which the two directives are applicable. The changeover date is April 20th 2016.

 

It is already possible to issue an EU delcaration of conformity with mention of application dates : until April 19th, 2016 regarding Directive 94/9/EC, from April 20th, 2016 regarding Directive 2014/34/EU.

 

These certificates remain valid until changes are made affecting the product. In the case of modification, a new certificate, under directive 2014/34/EU, must be issued. The certificate number may remain unchanged.

 

An application guide is due to be published by the European Commission in 2015 to clarify actions which may be taken during the period before the changeover and to confirm the answers given above.

Our recommendations

For a smooth implementation of the new directive, we recommend that you should:

  1. Assess the impact of the changes to be made to the documentation (declarations of conformity, marking drawings, quality documentation, sales literature, Website, etc…)
  2. Train and inform your personnel and your business partners (distributors, importers, resellers).
  3. In order to obtain EU type examination certificates as early as possible from April 20th 2016, plan well in advance the assessment of your products with LCIE. 
  4. If you wish to keep the current marking of a product while updating the certificate before April 20th 2016, plan the variation to the certificate with LCIE long enough in advance.

Did you know?

The new directive waspublished as a result of theNew Legislative Framework.

A total of nine EU directiveshave been revised. Amongthem :

  • LVD : 2006/95/EEC
  • EMC : 2004/108/EC 

 


 


Our experts remain at your disposal to help with the coming changes :

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