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New 5th edition of the ATEX guide available

Adaptations to the guide for digital operating instructions in accordance with the Machinery Regulation


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Abbildung eines Buches mit Einmerkern

On 26 April 2024, the EU Commission published the new 5th edition of the guide to the application of the ATEX Directive 2014/34/EU (equipment and protective systems intended for use in potentially explosive atmospheres).
 

Changes compared to the 4th edition

In addition to numerous editorial changes, the 5th edition of the guide to the ATEX Directive primarily contains new provisions on the interaction of the Directive with the new Machinery Regulation (EU) 2023/1230, which came into force on 19 July 2023 and will apply from 20 January 2027. The most important aspect here is digitalisation: it is now accepted that the technical files can be either in paper or in electronic form, as long as they are legible during the relevant period.

As some of the individual paragraphs are very extensive, the table below only lists the amended sections and the newly added text elements.
 

Section

Title

Content

§ 32

Products covered by the ATEX Directive

(...)
The manufacturer, his authorised representative or the person who first places a product on the EU market or puts a product into service in the EU market has to decide whether it is covered by the ATEX Directive 2014/34/EU and, if so, apply its provisions. The manufacturer (in the broadest sense of the Directive) must therefore make an ATEX analysis on the basis of the Directive.
(...)

§ 34

Place of intended use

(...)
The Machinery Regulation (EU) 2023/1230 (applicable from 14 January 2027) will modify the requirement 1.5.7 on "Explosion" into: "Machinery or related products shall be designed and constructed in such a way as to avoid any risk of explosion presented by the machinery or related product itself or by gases, liquids, dust, vapours or other substances produced or used by the machinery or related product. Machinery or related product shall comply, as far as the risk of explosion due to its use in a potentially explosive atmosphere is concerned, with the provisions of the specific Union harmonisation legislation”.
(...)

§ 36Safety devices, controlling devices and regulating devices as defined in Article 1(1)(b)

(...)
hazards of ignition - risks of explosion

(...)

§ 48

Examples and problems on equipment and components

(...)

First, the applicable harmonised standard is EN IEC 60079-0:2018.

(...)

§ 59

Economic operators

(...) 
Regulation (EU) 2019/1020 includes fulfilment service providers as another category of economic operators.

§ 64

Recall and withdrawal

(...)
See also § 7.4.2. "–Market surveillance measures" in "The 'Blue Guide' on the implementation of EU product rules"

§ 79The official languages of the European Union(...)
United Kingdom – English
(...)
§ 84Identification of economic operators(...)
See also § 4.2. "Traceability requirements" in "The 'Blue Guide' on the implementation of EU product rules"
§ 113Retention of technical documentation(...)
The manufacturer is responsible for legibility and completeness of the technical documentation. Notified body should check the legibility and completeness of the documentation according to index provided by the manufacturer. Subsequently, the notified body shall acknowledge receipt of the documentation and shall retain it.
(...)
With respect to the media used, it is accepted that this technical documentation may be either in paper or in electronic format so long as it is legible and "readable" over the period concerned. Manufacturer should agree the format of the documentation and the used media together with the notified body.
§ 116Exchange of experience(...) 
Internal Market for Products - Market Surveillance Group (IMP-MSG) European Union Product Compliance Network (EUPCN)
§ 120EU market surveillance and control of products entering the Union market(...)
Furthermore, the Regulation (EU) 2019/1020 on market surveillance and compliance of products strengthens the market surveillance of products covered by the Union harmonisation legislation, with a view to ensuring that only compliant products that fulfil essential safety requirements, are made available on the Union market.
(...)
§ 121Procedure for dealing with products presenting a risk at national level(...)
See also §§ 7.4. "Checks by Market Surveillance authorities", and 7.3.4. "Sanctions" in "The 'Blue Guide' on the implementation of EU product rules".
§ 122EU safeguard procedure(...)
See also § 7.6.2. " The application of the safeguard clause" in "The 'Blue Guide' on the implementation of EU product rules".
§ 142Principles of integrated explosion safety. Risk assessment for ATEX products(...)
See also §§ 4.1.1. "Definition of essential requirements", 4.1.2. "Conformity with the essential requirements:harmonised standards" and 4.3. "Technical documentation" in "The 'Blue Guide' on the implementation of EU product rules".
§ 233Machinery Directive 2006/42/EC (MD) and Machinery Regulation (EU) 2023/1230 (MR)Machinery Directive 2006/42/EU will be replaced by the Machinery Regulation (EU) 2023/1230 as from 14 January 2027 (Chapter VI of the MR is applicable already from 13 July 2023). The relation between the ATEX Directive 2014/34/EU and the Machinery Directive 2006/42/EC and Machinery Regulation (EU) 2023/1230 is different from others. Directive 2014/34/EU, which is a "specific Directive" within the meaning of Article 3 of the Machinery Directive, contains very specific and detailed requirements to avoid hazards due to potentially explosive atmospheres, while the Machinery Directive itself contains only very general requirements against explosion hazards (see Annex I, 1.5.7 to Directive 2006/42/EC as well as Annex I, 1.5.7 to Regulation (EU) 2023/1230).
(...)
§ 235Personal Protective Equipment Regulation (EU) 2016/425 (PPE)(...)
Personal Protective Equipment Regulation (EU) 2016/425 (PPE)
(...)
Personal Protective Equipment Regulation is applicable from 21 April 2018. The Personal Protective Equipment Directive 89/686/EEC is repealed from this date.
§ 238Gas Appliances Regulation (EU) 2016/426 (GAR)The Regulation (EU) 2016/426 on appliances burning gaseous fuels, or Gas Appliances Regulation (GAR), does not apply to equipment designed for industrial processes. Most equipment within scope of GAR is capable of igniting a surrounding explosive atmosphere and cannot comply with ATEX.
(...)
Gas Appliances Regulation is applicable from 21 April 2018. The Gas Appliances Directive 89/686/EEC is repealed from this date. § 239 Construction Products Regulation (EU) No 305/2011 (CPR)
(...)
§ 249Bucket elevatorsAnpassungen in der Tabelle
 Borderline List - ATEX ProductsNeuer Eintrag: PT 100 sensor


General role of guidance documents on EU directives

Guides, such as the one discussed here or the guides to other EU directives, play an important role in the interpretation of legal requirements and are valuable sources of knowledge in practice for all persons working with the respective directives and regulations.

Guides do not, however, have the character of law! 


Download the guide

You can access the current version of the ATEX guide via the following link:


ATEX Guidelines 2014/34/EU, 5th edition, April 2024


Product information

Illustration of a jump from machinery directive to the machinery regulation

In our webinar "Changeover to the new Machinery Regulation", we will provide you with compact information on the relevant changes to the new Machinery Regulation. As a seminar participant, you will be informed by e-mail as soon as interesting innovations arise!

 

Recording of a designer with various Safexpert modules

Safexpert supports the new Machinery Regulation (EU) 2023/1230 with the current release 9.1! We have summarised the new features and further support for switching to the new Machinery Regulation with Safexpert 9.1 for you in detail in a technical article.

 

Posted on: 2024-05-15

Author

Mitarbeiter im Bereich Community- und Datenmanagement bei der IBF GmbH

Daniel Zacek-Gebele, MSc
Produktmanager bei IBF für Zusatzprodukte sowie Datenmanager für die Aktualisierung der Normendaten am Safexpert Live Server. Studium der Wirtschaftswissenschaften in Passau (BSc) und Stuttgart (MSc) im Schwerpunkt International Business and Economics.

E-Mail: daniel.zacek-gebele@ibf-solutions.com | www.ibf-solutions.com

 


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