The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/1107 |
| Year | 2016 |
(1) These Regulations may be cited as the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 and come into force on 8th December 2016 (“the commencement date”) .(2) These Regulations extend to England, Wales and Scotland.(1) In these Regulations—
- the “1974 Act” means the Health and Safety at Work etc Act 1974;
- the “1994 Directive” means Directive 94/9/EC of the European Parliament and of the Council on the approximation of the laws of the member States concerning equipment and protective systems intended for use in potentially explosive atmospheres;
- “the 1996 Regulations” means the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996;
- “accreditation certificate” means a certificate, issued by the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or a national accreditation body in another Member State or Northern Ireland, attesting that a conformity assessment body meets the notified body requirements;
- “ATEX Directive” means Directive 2014/34/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) ;
- “attestation of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 7(3) (EU declaration of conformity and CE Marking) ;
- “authorised representative” means a person appointed in accordance with regulation 17(1) ;
- “CE marking” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time) ;
- “competent national authority” means an authority having responsibility for enforcing the law of a Member State which implements the ATEX Directive;
- “component” means any item essential to the safe functioning of equipment and protective systems but with no autonomous function;
- “conformity assessment” means the process demonstrating whether the essential health and safety requirements relating to a product have been fulfilled;
- “conformity assessment body” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection;
- “distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;
- “economic operator” means a manufacturer, authorised representative, importer or distributor;
- “equipment” means machines, apparatus, fixed or mobile devices, control components and their instrumentation and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy or the processing of material or both and which are capable of causing an explosion through their own potential sources of ignition;
- “equipment category” means the classification of equipment, within each equipment-group, specified in Annex I of the ATEX Directive (as amended from time to time) , determining the requisite level of protection to be ensured;
- “equipment-group I” means equipment intended for use in underground parts of mines, and in those parts of surface installations of such mines, liable to be endangered by firedamp or combustible dust or both, comprising equipment categories M 1 and M 2 as set out in Annex I of the ATEX Directive (as amended from time to time) ;
- “equipment-group II” means equipment intended for use in other places liable to be endangered by explosive atmospheres, comprising equipment categories 1, 2 and 3 as set out in Annex I of the ATEX Directive (as amended from time to time) ;
- “essential health and safety requirements” means the requirements set out in Schedule 1 (essential health and safety requirements) ;
- “EU declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 7(1) (a) (EU declaration of conformity and CE marking) ;
- “European Commission” means the Commission of the European Union;
- “explosive atmosphere” means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;
- “harmonised standard” has the meaning set out in point 1(c) of Article 2 of...
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