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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation, commencement, extent and revocation

    2. 2.Interpretation

  3. PART II APPLICATION

    1. 3.Equipment, Protective Systems, Devices and Components

    2. 4.Excluded equipment, protective systems, devices and components

    3. 5.Exclusion until 30th June 2003 of equipment and protective systems complying with health and safety provisions in force on 23rd March 1994

  4. PART III GENERAL REQUIREMENTS

    1. 6.General duty relating to the placing on the market of equipment, protective systems or devices by a responsible person

    2. 7.General duty relating to the supply of equipment, protective systems or devices by a person other than the responsible person

    3. 8.General duty relating to the placing on the market of components by a responsible person

    4. 9.Exceptions to placing on the market in respect of certain equipment, protective systems, devices and components

    5. 10.Conformity assessment procedures

    6. 11.Notified bodies

    7. 12.Notified bodies appointed by the Secretary of State

    8. 13.Fees

  5. Supplementary provisions

    1. 14.Conditions for equipment, protective systems, devices and components being taken to comply with the provisions of the ATEX Directive

  6. PART IV ENFORCEMENT

    1. 15.Application of Schedule 14

    2. 16.Offences

    3. 17.Penalties

    4. 18.Defence of due diligence

    5. 19.Liability of persons other than the principal offender

  7. Amendment and disapplication of law in Great Britain

    1. 20.General provisions

    2. 21.Consequential amendment of the Provision and Use of Work Equipment Regulations 1992

  8. Signature

    1. SCHEDULE 1

      REVOCATION OF REGULATIONS

    2. SCHEDULE 2

      THE CE MARKING AND OTHER INSCRIPTIONS

      1. 1.The CE conformity marking shall consist of the initials `CE'...

      2. 2.If the marking is reduced or enlarged, the proportions given...

      3. 3.The various components of the CE marking must have substantially...

      4. 4.The CE marking shall be followed by the identification number...

      5. 5.The CE marking shall be affixed distinctly, visibly, legibly and...

      6. 6.Subject to paragraph 7 below, where equipment, a protective system...

      7. 7.Where one or more of the other Directives referred to...

      8. 8.Where equipment or protective systems are designed for a particular...

      9. 9.The affixing of markings on the equipment or protective systems...

    3. SCHEDULE 3

      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 of the ATEX Directive)

      1. A.Preliminary observations

      2. B.For the devices referred to in Article 1(2), the essential...

      3. 1.COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS

      4. 2.SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT

      5. 3.SUPPLEMENTARY REQUIREMENTS IN RESPECT OF PROTECTIVE SYSTEMS

    4. SCHEDULE 4

      (Annex I of the ATEX Directive: references in this Annex to Annex II are refernces to the Essential Health and Safety Requirements set out in Schedule 3)

      CRITERIA DETERMINING THE CLASSIFICATION OF EQUIPMENT-GROUPS INTO CATEGORIES

      1. 1.Equipment-group I

      2. 2.Equipment-group II

    5. SCHEDULE 5

      EXCLUDED EQUIPMENT, PROTECTIVE SYSTEMS AND DEVICES

    6. SCHEDULE 6

      (Annex III of the ATEX Directive)

      MODULE EC-TYPE EXAMINATION

      1. 1.This module describes that part of the procedure by which...

      2. 2.The application for the EC-type examination shall be lodged by...

      3. 3.The technical documentation shall enable the conformity of the product...

      4. 4.The notified body shall: (4.1) examine the technical documentation, verify...

      5. 5.Where the type meets the provisions of the Directive, the...

      6. 6.The applicant shall inform the notified body which holds the...

      7. 7.Each notified body shall communicate to the other notified bodies...

      8. 8.The other notified bodies may receive copies of the EC-type-examination...

      9. 9.The manufacturer or his authorized representative established in the Community...

    7. SCHEDULE 7

      (Annex IV of the ATEX Directive)

      MODULE: PRODUCTION QUALITY ASSURANCE

      1. 1.This module describes the procedure whereby the manufacturer who satisfies...

      2. 2.The manufacturer shall operate an approved quality system for production,...

      3. 3.Quality system (3.1) The manufacturer shall lodge an application for...

      4. 4.Surveillance under the responsibility of the notified body

      5. 5.The manufacturer shall, for a period ending at least 10...

      6. 6.Each notified body shall apprise the other notified bodies of...

    8. SCHEDULE 8

      (Annex V of the ATEX Directive)

      MODULE: PRODUCT VERIFICATION

      1. 1.This module describes the procedure whereby a manufacturer or his...

      2. 2.The manufacturer shall take all measures necessary to ensure that...

      3. 3.The notified body shall carry out the appropriate examinations and...

      4. 4.Verification by examination and testing of each piece of equipment

    9. SCHEDULE 9

      (Annex VI of the ATEX Directive)

      MODULE: CONFORMITY TO TYPE

      1. 1.This module describes that part of the procedure whereby the...

      2. 2.The manufacturer shall take all measures necessary to ensure that...

      3. 3.The manufacturer or his authorised representative shall keep a copy...

    10. SCHEDULE 10

      (Annex VII of the ATEX Directive)

      MODULE: PRODUCT QUALITY ASSURANCE

      1. 1.This module describes the procedure whereby the manufacturer who satisfies...

      2. 2.The manufacturer shall operate an approved quality system for the...

      3. 3.Quality system

      4. 4.Surveillance under the responsibility of the notified body

      5. 5.The manufacturer shall, for a period ending at least 10...

      6. 6.Each notified body shall forward to the other notified bodies...

    11. SCHEDULE 11

      (Annex VIII of the ATEX Directive)

      MODULE: INTERNAL CONTROL OF PRODUCTION

      1. 1.This module describes the procedure whereby the manufacturer or his...

      2. 3.Technical documentation shall enable the conformity of the equipment with...

      3. 4.The manufacturer or his authorized representative shall keep a copy...

      4. 5.The manufacturer shall take all measures necessary to ensure that...

    12. SCHEDULE 12

      (Annex IX of the ATEX Directive)

      MODULE: UNIT VERIFICATION

      1. 1.This module describes the procedure whereby the manufacturer ensures and...

      2. 2.The notified body shall examine the individual equipment or protective...

      3. 3.The aim of the technical documentation is to enable conformity...

    13. SCHEDULE 13

      (Part B of Annex X of the ATEX Directive)

      (Content of the EC declaration of conformity)

    14. SCHEDULE 14

      ENFORCEMENT

      1. 1.Enforcement in relation to relevant products

      2. 2.Forfeiture: England and Wales

      3. 3.Forfeiture: Scotland

      4. 4.Duty of enforcement authority to inform Secretary of State of action taken

      5. 5.Savings

      6. 6.Nothing in these Regulations shall authorise the enforcement authority to...

      7. 7.Interpretation

    15. SCHEDULE 15

      DISAPPLICATION OF SPECIFIC MINING REGULATIONS

      1. PART I (Made under the Mines and Quarries Act 1954)

      2. PART II (Made under the Mines and Quarries Act 1954 and the Health and Safety at Work etc. Act 1974)

      3. PART III Made under the Health and Safety at Work etc. Act 1974)

  9. Explanatory Note

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