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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Scope

    4. 4.Exceptions for trade fairs, exhibitions and demonstrations

  3. PART 2 OBLIGATIONS OF ECONOMIC OPERATORS

    1. CHAPTER 1 MANUFACTURERS

      1. 5.Design and manufacture in accordance with essential health and safety requirements

      2. 6.Technical documentation and conformity assessment

      3. 7.EU declaration of conformity and CE marking

      4. 8.Retention of technical documentation and EU declaration of conformity

      5. 9.Compliance procedures for series production

      6. 10.Monitoring

      7. 11.Labelling and packaging of products

      8. 12.Labelling and packaging of products, other than components

      9. 13.Information identifying manufacturer

      10. 14.Instructions and safety information

      11. 15.Duty to take action in respect of a product placed on the market which is considered not to be in conformity

      12. 16.Provision of information and cooperation

      13. 17.Authorised representatives

    2. CHAPTER 2 IMPORTERS

      1. 18.Prohibition on placing on the market products which are not in conformity

      2. 19.Requirements which shall be satisfied before an importer places a product on the market

      3. 20.Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements

      4. 21.Information identifying importer

      5. 22.Instructions and safety information

      6. 23.Storage and transport

      7. 24.Monitoring

      8. 25.Duty to take action in respect of a product placed on the market which is considered not to be in conformity

      9. 26.Provision of information and cooperation

      10. 27.Retention of technical documentation and EU declaration of conformity

    3. CHAPTER 3 DISTRIBUTORS

      1. 28.Duty to act with due care

      2. 29.Requirements which shall be satisfied before a distributor makes a product available on the market

      3. 30.Storage and transport

      4. 31.Prohibition on making available on the market where product not considered to be in conformity with safety objectives

      5. 32.Duty to take action in respect of products made available on the market which are not in conformity

      6. 33.Provision of information and cooperation

    4. CHAPTER 4 IMPORTERS AND DISTRIBUTORS

      1. 34.Cases in which obligations of manufacturers apply to importers and distributors

    5. CHAPTER 5 ALL ECONOMIC OPERATORS

      1. 35.Identification of economic operators

      2. 36.Prohibition on improper use of CE marking

      3. 37.Translation of declaration of conformity

  4. PART 3 CONFORMITY ASSESSMENT

    1. 38.Presumption of conformity

    2. 39.Conformity assessment procedures

    3. 40.EU declaration of conformity

    4. 41.CE marking

    5. 41A.UK(NI) indication

    6. 41B.Register of notified bodies established in the United Kingdom

  5. PART 4 NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

    1. 42.Notified bodies

    2. 43.Presumption of conformity of notified bodies

    3. 44.Notification

    4. 45.Contents of notification

    5. 46.Monitoring

    6. 47.United Kingdom Accreditation Service

    7. 48.Changes to notifications

    8. 49.Operational obligations of notified bodies

    9. 50.Subsidiaries and contractors

  6. PART 5 MARKET SURVEILLANCE AND ENFORCEMENT

    1. 51.Designation of market surveillance authority

    2. 52.Enforcement

    3. 53.Enforcement powers

    4. 54.Exercise of enforcement powers

    5. 55.Evaluation of a product presenting a risk

    6. 56.Enforcement action in respect of products which are not in conformity and which present a risk

    7. 57.EU safeguard procedure

    8. 58.Enforcement action in respect of products which are in conformity, but present a risk

    9. 59.Enforcement action in respect of formal non-compliance

    10. 60.Restrictive measures

    11. 61.Offences

    12. 62.Penalties

    13. 63.Defence of due diligence

    14. 64.Liability of persons other than principal offender

    15. 65.Time limit for prosecution of offences

    16. 66.Service of documents

    17. 67.Recovery of expenses of enforcement

    18. 68.Action by the Executive

    19. 69.Appeals against notices

    20. 70.Appropriate court for appeals against notices

  7. PART 6 MISCELLANEOUS

    1. 71.Transitional provisions

    2. 71A.Transitional provision in relation to notification of conformity assessment bodies

    3. 72.Consequential amendments, revocations and savings

  8. Signature

    1. SCHEDULE 1

      ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

      1. 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 to the ATEX Directive)

        1. 1.Preliminary observations

      2. COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS

        1. General requirements

          1. 2.Principles of integrated explosion safety

          2. 3.Special checking and maintenance conditions

          3. 4.Surrounding area conditions

          4. 5.Marking

          5. 6.Instructions

          6. 7.Selection of materials

          7. 8.Design and construction

          8. 9.Enclosed structures and prevention of leaks

          9. 10.Dust deposits

          10. 11.Additional means of protection

          11. 12.Safe opening

          12. 13.Protection against other hazards

          13. 14.Overloading of equipment

          14. 15.Flameproof enclosure systems

      3. POTENTIAL IGNITION SOURCES

        1. 16.Hazards arising from different ignition sources

        2. 17.Hazards arising from static electricity

        3. 18.Hazards arising from stray electric and leakage currents

        4. 19.Hazards arising from overheating

        5. 20.Hazards arising from pressure compensation operations

        6. 21.Hazards arising from external effects

        7. 22.Requirements in respect of safety-related devices

        8. 23.Control and display units

        9. 24.Requirements in respect of devices with a measuring function for explosion protection

        10. 25.Risks arising from software

        11. 26.Integration of safety requirements relating to the system

        12. 27.Hazards arising from power failure

        13. 28.Hazards arising from connections

        14. 29.Placing of warning devices as parts of equipment

      4. SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT

        1. Requirements applicable to equipment in equipment-group I

          1. 30.Requirements applicable to equipment in category M 1 of equipment-group I

          2. 31.Requirements applicable to equipment in category M 2 of equipment-group I

        2. Requirements applicable to equipment in category 1 of equipment-group II

          1. 32.Explosive atmospheres caused by gases, vapours or mists

          2. 33.Explosive atmospheres caused by air and dust mixtures

        3. Requirements applicable to equipment in category 2 of equipment-group II

          1. 34.Explosive atmospheres caused by gases, vapours or mists

          2. 35.Explosive atmospheres caused by air and dust mixtures

        4. Requirements applicable to equipment in category 3 of equipment-group II

          1. 36.Explosive atmospheres caused by gases, vapours or mists

          2. 37.Explosive atmospheres caused by air and dust mixtures

        5. Supplementary requirements in respect of protective systems

          1. 38.General requirements

        6. Planning and design

          1. 39.Characteristics of materials

          2. 40.Pressure-relief systems

          3. 41.Explosion suppression systems

          4. 42.Explosion decoupling systems

          5. 43.Protective systems shall be capable of being integrated into a...

    2. SCHEDULE 2

      NOTIFIED BODY REQUIREMENTS

      1. 1.A conformity assessment body shall be established in the United...

      2. 2.A conformity assessment body shall be a third party body...

      3. 3.A body belonging to a business association or professional federation...

      4. 4.(1) A conformity assessment body, its top level management and...

      5. 5.A conformity assessment body, its top level management and the...

      6. 6.A conformity assessment body, its top level management and the...

      7. 7.A conformity assessment body shall ensure that the activities of...

      8. 8.A conformity assessment body and its personnel shall carry out...

      9. 9.A conformity assessment body shall be capable of carrying out...

      10. 10.A conformity assessment body shall have— (a) personnel with technical...

      11. 11.A conformity assessment body shall have the means necessary to...

      12. 12.The personnel responsible for carrying out conformity assessment activities shall...

      13. 13.A conformity assessment body shall be able to demonstrate the...

      14. 14.The remuneration of the top level management and the personnel...

      15. 15.A conformity assessment body shall have, and shall satisfy the...

      16. 16.A conformity assessment body shall ensure that its personnel observe...

      17. 17.Paragraph 16 does not prevent the personnel from providing information...

      18. 18.A conformity assessment body shall participate in, or ensure that...

    3. SCHEDULE 3

      OPERATIONAL OBLIGATIONS OF NOTIFIED BODIES

      1. 1.A notified body shall carry out conformity assessments in accordance...

      2. 2.A notified body shall carry out conformity assessments in a...

      3. 3.A notified body shall perform its activities taking due account...

      4. 4.A notified body shall respect the degree of rigour and...

      5. 5.Where a notified body finds that essential health and safety...

      6. 6.Where, in the course of the monitoring of conformity following...

      7. 7.Where the notified body has required a manufacturer to take...

      8. 8.Paragraph 9 applies where a notified body is minded to—...

      9. 9.Where this paragraph applies, the notified body shall—

      10. 10.A notified body shall inform the Executive of—

      11. 11.A notified body shall make provision in its contracts with...

      12. 12.A notified body shall provide other bodies notified under the...

      13. 13.A notified body shall participate in the work of any...

      14. 14.A notified body shall— (a) acknowledge receipt of the technical...

    4. SCHEDULE 4

      ENFORCEMENT POWERS OF THE HEALTH AND SAFETY EXECUTIVE FOR NORTHERN IRELAND UNDER THE 1978 ORDER

      1. 1.Enforcement powers under the 1978 Order

      2. 2.Modifications to the 1978 Order

    5. SCHEDULE 5

      COMPLIANCE, WITHDRAWAL AND RECALL NOTICES

      1. 1.Compliance notice

      2. 2.Withdrawal notice

      3. 3.Recall notice

      4. 4.Interpretation

    6. SCHEDULE 6

      EU DECLARATION OF CONFORMITY (No. XXXX)

      1. 1.Product model/product (product, type, batch or serial number):

      2. 2.Name and address of manufacturer and, where applicable, the authorised...

      3. 3.This declaration of conformity is issued under the sole responsibility...

      4. 4.Object of the declaration (identification of product allowing traceability; it...

      5. 5.The object of the declaration described above is in conformity...

      6. 6.References to the relevant harmonised standards used or references to...

      7. 7.Where applicable, the notified body (name, number) performed (description of...

      8. 8.Additional information: Signed for and on behalf of: (place and...

    7. SCHEDULE 7

      AMENDMENTS

    8. SCHEDULE 8

      REVOCATIONS

  10. Explanatory Note

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