1 INTRODUCTION of ATEX 94/9/EC guidelines 4th edition

The objective of these Guidelines is to clarify certain matters and procedures referred to in Directive 94/9/EC⁵ concerning equipment and protective systems intended for use in potentially explosive atmospheres. The Guidelines should be used in conjunction with the Directive and with the European Commission's "Guide to the implementation of directives based on New Approach and Global Approach (Blue Guide)"⁶.

These Guidelines are not only for the use of Member States’ competent authorities, but also by the main economic operators concerned, such as manufacturers, their trade associations, bodies in charge of the preparation of standards as well as those entrusted with the conformity assessment procedures.

First and foremost, this document must ensure that, when correctly applied, the Directive leads to the removal of obstacles and difficulties related to the free circulation (free movement) of goods within the European Union (see footnote 2). It should be noted that the statements in these Guidelines refer only to the application of Directive 94/9/EC unless otherwise indicated. All parties concerned should be aware of other requirements, which may also apply (see chapter 6).

Directive 94/9/EC is a "New Approach" directive laying down Essential Health and Safety Requirements and leaving it to standards, primarily European harmonised standards, to give technical expression of the relevant requirements contained in the Directive.

Directive 94/9/EC is a total harmonisation directive, i.e. its provisions replace existing divergent national and European legislation which cover the same subjects as stipulated by Directive 94/9/EC.

As of 1 July 2003, all other relevant national regulations have been abolished and Directive 94/9/EC, as transposed into the national legislation of the Member States, is the sole legal instrument applicable.

"Use" Directives

The reader will want to be aware that where ATEX products are intended for use in a place of work, national and community legislation, intended to ensure the safety of employees will usually apply. In this respect different legislation applies to land based industries, the underground extraction of coal and other minerals, and offshore oil production⁷.

⁵ 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 (OJ L 100, 19.4.1994, p. 1). Amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 (OJ L 284, 31.10.2003, p. 1). Corrected by Corrigendum OJ L 21, 26.1.2000, p. 42; and by Corrigendum OJ L 304, 5.12.2000, p. 19.

⁶ http://ec.europa.eu/enterprise/policies/single-market-goods/documents/blue-guide. 

⁷ Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 023 , 28.1.2000, p. 57). Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 9).

Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (twelfth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 404, 31.12.1992, p. 10).