The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996
PART IPRELIMINARY
1Citation, commencement, extent and revocation
2Interpretation
PART IIAPPLICATION
3Equipment, Protective Systems, Devices and Components
4Excluded equipment, protective systems, devices and components
5Exclusion until 30th June 2003 of equipment and protective systems complying with health and safety provisions in force on 23rd March 1994
PART IIIGENERAL REQUIREMENTS
6General duty relating to the placing on the market of equipment, protective systems or devices by a responsible person
7General duty relating to the supply of equipment, protective systems or devices by a person other than the responsible person
8General duty relating to the placing on the market of components by a responsible person
9Exceptions to placing on the market in respect of certain equipment, protective systems, devices and components
10Conformity assessment procedures
11Notified bodies
12Notified bodies appointed by the Secretary of State
13Fees
Supplementary provisions
14Conditions for equipment, protective systems, devices and components being taken to comply with the provisions of the ATEX Directive
PART IVENFORCEMENT
15Application of Schedule 14
16Offences
17Penalties
18Defence of due diligence
19Liability of persons other than the principal offender
Amendment and disapplication of law in Great Britain
20General provisions
21Consequential amendment of the Provision and Use of Work Equipment Regulations 1992
SCHEDULE 1REVOCATION OF REGULATIONS
SCHEDULE 2THE CE MARKING AND OTHER INSCRIPTIONS
1The CE conformity marking shall consist of the initials `CE'...
2If the marking is reduced or enlarged, the proportions given...
3The various components of the CE marking must have substantially...
4The CE marking shall be followed by the identification number...
5The CE marking shall be affixed distinctly, visibly, legibly and...
6Subject to paragraph 7 below, where equipment, a protective system...
7Where one or more of the other Directives referred to...
8Where equipment or protective systems are designed for a particular...
9The affixing of markings on the equipment or protective systems...
SCHEDULE 3ESSENTIAL 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)
APreliminary observations
BFor the devices referred to in Article 1(2), the essential...
1COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTIVE SYSTEMS
2SUPPLEMENTARY REQUIREMENTS IN RESPECT OF EQUIPMENT
3SUPPLEMENTARY REQUIREMENTS IN RESPECT OF PROTECTIVE SYSTEMS
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
1Equipment-group I
2Equipment-group II
SCHEDULE 5EXCLUDED EQUIPMENT, PROTECTIVE SYSTEMS AND DEVICES
SCHEDULE 6(Annex III of the ATEX Directive)MODULE EC-TYPE EXAMINATION
1This module describes that part of the procedure by which...
2The application for the EC-type examination shall be lodged by...
3The technical documentation shall enable the conformity of the product...
4The notified body shall: (4.1) examine the technical documentation, verify...
5Where the type meets the provisions of the Directive, the...
6The applicant shall inform the notified body which holds the...
7Each notified body shall communicate to the other notified bodies...
8The other notified bodies may receive copies of the EC-type-examination...
9The manufacturer or his authorized representative established in the Community...
SCHEDULE 7(Annex IV of the ATEX Directive)MODULE: PRODUCTION QUALITY ASSURANCE
1This module describes the procedure whereby the manufacturer who satisfies...
2The manufacturer shall operate an approved quality system for production,...
3Quality system (3.1) The manufacturer shall lodge an application for...
4Surveillance under the responsibility of the notified body
5The manufacturer shall, for a period ending at least 10...
6Each notified body shall apprise the other notified bodies of...
SCHEDULE 8(Annex V of the ATEX Directive)MODULE: PRODUCT VERIFICATION
1This module describes the procedure whereby a manufacturer or his...
2The manufacturer shall take all measures necessary to ensure that...
3The notified body shall carry out the appropriate examinations and...
4Verification by examination and testing of each piece of equipment
SCHEDULE 9(Annex VI of the ATEX Directive)MODULE: CONFORMITY TO TYPE
1This module describes that part of the procedure whereby the...
2The manufacturer shall take all measures necessary to ensure that...
3The manufacturer or his authorised representative shall keep a copy...
SCHEDULE 10(Annex VII of the ATEX Directive)MODULE: PRODUCT QUALITY ASSURANCE
1This module describes the procedure whereby the manufacturer who satisfies...
2The manufacturer shall operate an approved quality system for the...
3Quality system
4Surveillance under the responsibility of the notified body
5The manufacturer shall, for a period ending at least 10...
6Each notified body shall forward to the other notified bodies...
SCHEDULE 11(Annex VIII of the ATEX Directive)MODULE: INTERNAL CONTROL OF PRODUCTION
1This module describes the procedure whereby the manufacturer or his...
3Technical documentation shall enable the conformity of the equipment with...
4The manufacturer or his authorized representative shall keep a copy...
5The manufacturer shall take all measures necessary to ensure that...
SCHEDULE 12(Annex IX of the ATEX Directive)MODULE: UNIT VERIFICATION
1This module describes the procedure whereby the manufacturer ensures and...
2The notified body shall examine the individual equipment or protective...
3The aim of the technical documentation is to enable conformity...
SCHEDULE 13(Part B of Annex X of the ATEX Directive)(Content of the EC declaration of conformity)
SCHEDULE 14ENFORCEMENT
1Enforcement in relation to relevant products
2Forfeiture: England and Wales
3Forfeiture: Scotland
4Duty of enforcement authority to inform Secretary of State of action taken
5Savings
6Nothing in these Regulations shall authorise the enforcement authority to...
7Interpretation
SCHEDULE 15DISAPPLICATION OF SPECIFIC MINING REGULATIONS
PART I(Made under the Mines and Quarries Act 1954)
PART II(Made under the Mines and Quarries Act 1954 and the Health and Safety at Work etc. Act 1974)
PART IIIMade under the Health and Safety at Work etc. Act 1974)

1996 No. 192

HEALTH AND SAFETY

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

Made

Laid before Parliament

Coming into force

The Secretary of State, being a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to equipment and protective systems intended for use in potentially explosive atmospheres, in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations: