Conditions for equipment, protective systems, devices and components being taken to comply with the provisions of the ATEX Directive
14.—(1) Subject to paragraph (2)—
(a)equipment, a protective system or device—
(i)which is accompanied by an EC declaration of conformity—
(aa)issued in respect of it by the manufacturer or his authorised representative established in the Community; and
(bb)containing the elements set out in Schedule 12; and
(ii)to which the CE marking is affixed in accordance with regulation 6(2)(c); or
(b)a component which is accompanied by a certificate, which has been issued in accordance with regulation 8(2)(b),
shall be taken to comply with all the provisions of the ATEX Directive including the appropriate conformity assessment procedure specified in regulation 10, unless there are reasonable grounds for suspecting that it does not so comply.
(2) Paragraph (1) does not apply—
(a)in relation to the Department where the responsible person fails or refuses to make available to the Department the documentation which he is required, by the conformity assessment procedure which applies to that equipment, protective system, device or component, to retain or a copy thereof; or
(b)in the case of equipment, a protective system or device—
(i)which is supplied in the circumstances described in regulation 7(2)(b); and
(ii)to which the CE marking is indelibly affixed.