Equipment and protective systems intended for use in potentially explosive atmospheres

This Directive aims to ensure the free movement of equipment and protective systems intended for use in explosive atmospheres by harmonizing the national provisions.

ACT

Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres [See amending act(s)].

SUMMARY

The Directive applies to electrical and non-electrical protective devices and systems (surface and mining equipment) used in potentially explosive atmospheres and to items of equipment for use outside potentially explosive atmospheres but which impinge upon devices that are present in any such atmospheres.

The Directive does not apply, in particular, to:

—	medical devices,

—	protective devices and systems used on premises where potentially explosive or chemically unstable substances are stored,

—	seagoing ships and mobile offshore units,

—	certain means of transport.

Conformity assessment procedures

Protective devices and systems must meet the essential safety and health requirements. These are divided up into three categories:

—	common requirements concerning protective devices and systems,

—	additional requirements applying to devices which can trigger an explosion,

—	additional requirements for protective systems.

CE conformity marking

The procedures for obtaining the CE conformity marking depend upon the device and level of safety provided. The Directive sets out in detail the procedures to be followed with regard to the various categories of protective devices and systems used in potentially explosive atmospheres. These devices are typified by a protection-level scale which determines the type of procedure to be followed.

Certain procedures for the assessment and checking of protective devices and systems are carried out by a notified body; a list of these is published in the Official Journal of European Union together with their identification numbers and the tasks for which they have been notified. Moreover, procedures ranging from unit verification to internal production control by manufacturers are laid down for well-defined conformity categories.

The CE conformity marking must be affixed to equipment in a visible manner, together with the identification number of the notified body where the latter is involved in the production control stage. Any other marking may be affixed to equipment provided that the visibility and legibility of the CE marking are not thereby reduced.

Equipment and protective systems complying with the Directive and bearing the CE conformity marking are deemed to be able to move freely throughout the European market. However, they may be withdrawn from the market if they adversely affect human or animal health or property.

For a transitional period ending on 30 June 2003, EU countries allowed the placing on the market and bringing into service of equipment conforming to the provisions in force on their territory on 23 March 1994.

Repeal

Directive 2014/34/EU repeals Directive 94/9/EC with effect from 20 April 2016.

RELATED ACTS

Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (Official Journal L 96 of 29 March 2014, p. 309-356)

last update 03.03.2015