# Directive 2014/34/EU of the European Parliament and of the CouncilShow full title

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)            (Text with EEA relevance)         

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# 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)                     

# (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),                        

Acting in accordance with the ordinary legislative procedure(2),                        

Whereas:

(1)Directive 94/9/EC of the European Parliament and of 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(3) has been substantially amended(4). Since further amendments are to be made, that Directive should be recast in the interests of clarity.

(2)Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for                              accreditation and market surveillance relating to the marketing of products(5) lays down rules on the accreditation of conformity assessment bodies, provides a framework for the market surveillance of                              products and for controls on products from third countries, and lays down the general principles of the CE marking.

(3)Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing                              of products(6) lays down common principles and reference provisions intended to apply across sectoral legislation in order to provide a                              coherent basis for revision or recasts of that legislation. Directive 94/9/EC should be adapted to that Decision.

(4)This Directive covers products which are new to the Union market when they are placed on the market; that is to say they are                              either new products made by a manufacturer established in the Union or products, whether new or second-hand, imported from                              a third country.

(5)This Directive should apply to all forms of supply, including distance selling.

(6)It is the duty of Member States to protect, on their territory, the health and safety of persons, especially workers, and,                              where appropriate, domestic animals and property, especially against the hazards resulting from the use of equipment and systems                              providing protection against potentially explosive atmospheres.

(7)Directive 94/9/EC has made positive steps towards effective protection against explosion hazards for both mining and surface                              equipment. Those two groups of equipment are used in a large number of commercial and industrial sectors and possess considerable                              economic significance.

(8)Compliance with the health and safety requirements is essential in order to ensure the safety of equipment and protective                              systems. Those requirements should be subdivided into general and additional requirements which need to be met by equipment                              and protective systems. In particular, the additional requirements should take account of existing or potential hazards. Equipment                              and protective systems should, therefore, meet at least one of those requirements where this is necessary for their proper                              functioning or is to apply to their intended use. The notion of intended use is of prime importance for the explosion-proofing                              of equipment and protective systems. It is essential that manufacturers supply full information. Specific, clear marking of                              equipment and protective systems, stating their use in a potentially explosive atmosphere, should also be necessary.

(9)Compliance with the essential health and safety requirements laid down in this Directive should be imperative in order to                              ensure the safety of equipment and protective systems. For the implementation of those requirements, both the technology obtained                              at the time of manufacture and overriding technical and economic requirements should be taken into account.

(10)Economic operators should be responsible for the compliance of products with this Directive, in relation to their respective                              roles in the supply chain, so as to ensure a high level of protection of health and safety of persons, especially workers,                              and, where appropriate, protection of domestic animals and property, and to guarantee fair competition on the Union market.

(11)All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they                              only make available on the market products which are in conformity with this Directive. It is necessary to provide for a clear                              and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution                              chain.

(12)In order to facilitate communication between economic operators, market surveillance authorities and consumers, Member States                              should encourage economic operators to include a website address in addition to the postal address.

(13)The manufacturer, having detailed knowledge of the design and production process, is best placed to carry out the conformity                              assessment procedure. Conformity assessment should therefore remain solely the obligation of the manufacturer.

(14)It is necessary to ensure that products from third countries entering the Union market comply with this Directive, and in                              particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products.                              Provision should therefore be made for importers to make sure that the products they place on the market comply with the requirements                              of this Directive and that they do not place on the market products which do not comply with such requirements or present                              a risk. Provision should also be made for importers to make sure that conformity assessment procedures have been carried out                              and that product marking and documentation drawn up by manufacturers are available for inspection by the competent national                              authorities.

(15)When placing a product on the market, every importer should indicate on the product his name, registered trade name or registered                              trade mark and the postal address at which he can be contacted. Exceptions should be provided for in cases where the size                              or nature of the product does not allow it. This includes cases where the importer would have to open the packaging to put                              his name and address on the product.

(16)The distributor makes a product available on the market after it has been placed on the market by the manufacturer or the                              importer and should act with due care to ensure that its handling of the product does not adversely affect the compliance                              of the product.

(17)Any economic operator that either places a product on the market under his own name or trade mark or modifies a product in                              such a way that compliance with this Directive may be affected should be considered to be the manufacturer and should assume                              the obligations of the manufacturer.

(18)Distributors and importers, being close to the market place, should be involved in market surveillance tasks carried out by                              the competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary                              information relating to the product concerned.

(19)Ensuring traceability of a product throughout the whole supply chain helps to make market surveillance simpler and more efficient.                              An efficient traceability system facilitates the market surveillance authorities’ task of tracing economic operators who made                              non-compliant products available on the market. When keeping the information required under this Directive for the identification                              of other economic operators, economic operators should not be required to update such information in respect of other economic                              operators who have either supplied them with a product or to whom they have supplied a product.

(20)This Directive should be limited to the expression of the essential health and safety requirements. In order to facilitate                              conformity assessment with those requirements it is necessary to provide for a presumption of conformity for products which                              are in conformity with harmonised standards that are adopted in accordance with Regulation (EU) No 1025/2012 of the European                              Parliament and of the Council of 25 October 2012 on European Standardisation(7) for the purpose of expressing detailed technical specifications of those requirements.

(21)Regulation (EU) No 1025/2012 provides for a procedure for objections to harmonised standards where those standards do not                              entirely satisfy the requirements of this Directive.

(22)In order to enable economic operators to demonstrate and the competent authorities to ensure that products made available                              on the market conform to the essential health and safety requirements it is necessary to provide for conformity assessment                              procedures. Decision No 768/2008/EC establishes modules for conformity assessment procedures, which include procedures from                              the least to the most stringent, in proportion to the level of risk involved and the level of safety required. In order to                              ensure inter-sectoral coherence and to avoid ad-hoc variants, conformity assessment procedures should be chosen from among                              those modules.

(23)Manufacturers should draw up an EU declaration of conformity to provide information required under this Directive on the conformity                              of a product with the requirements of this Directive and of other relevant Union harmonisation legislation.

(24)To ensure effective access to information for market surveillance purposes, the information required to identify all applicable                              Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic                              operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.

(25)The CE marking, indicating the conformity of a product, is the visible consequence of a whole process comprising conformity                              assessment in a broad sense. General principles governing the CE marking are set out in Regulation (EC) No 765/2008. Rules                              governing the affixing of the CE marking should be laid down in this Directive.

(26)Certain conformity assessment procedures set out in this Directive require the intervention of conformity assessment bodies,                              which are notified by the Member States to the Commission.

(27)Experience has shown that the criteria set out in Directive 94/9/EC that conformity assessment bodies have to fulfil to be                              notified to the Commission are not sufficient to ensure a uniformly high level of performance of notified bodies throughout                              the Union. It is, however, essential that all notified bodies perform their functions to the same level and under conditions                              of fair competition. That requires the setting of obligatory requirements for conformity assessment bodies wishing to be notified                              in order to provide conformity assessment services.

(28)If a conformity assessment body demonstrates conformity with the criteria laid down in harmonised standards, it should be                              presumed to comply with the corresponding requirements set out in this Directive

(29)In order to ensure a consistent level of quality in the performance of conformity assessment, it is also necessary to set                              requirements for notifying authorities and other bodies involved in the assessment, notification and monitoring of notified                              bodies.

(30)The system set out in this Directive should be complemented by the accreditation system provided for in Regulation (EC) No 765/2008.                              Since accreditation is an essential means of verifying the competence of conformity assessment bodies, it should also be used                              for the purposes of notification.

(31)Transparent accreditation as provided for in Regulation (EC) No 765/2008, ensuring the necessary level of confidence in certificates                              of conformity, should be considered by the national public authorities throughout the Union as the preferred means of demonstrating                              the technical competence of conformity assessment bodies. However, national authorities may consider that they possess the                              appropriate means of carrying out that evaluation themselves. In such cases, in order to ensure the appropriate level of credibility                              of evaluations carried out by other national authorities, they should provide the Commission and the other Member States with                              the necessary documentary evidence demonstrating the compliance of the conformity assessment bodies evaluated with the relevant                              regulatory requirements.

(32)Conformity assessment bodies frequently subcontract parts of their activities linked to the assessment of conformity or have                              recourse to a subsidiary. In order to safeguard the level of protection required for the products to be placed on the Union                              market, it is essential that conformity assessment subcontractors and subsidiaries fulfil the same requirements as notified                              bodies in relation to the performance of conformity assessment tasks. Therefore, it is important that the assessment of the                              competence and the performance of bodies to be notified and the monitoring of bodies already notified cover also activities                              carried out by subcontractors and subsidiaries.

(33)It is necessary to increase the efficiency and transparency of the notification procedure and, in particular, to adapt it                              to new technologies so as to enable online notification.

(34)Since notified bodies may offer their services throughout the Union, it is appropriate to give the other Member States and                              the Commission the opportunity to raise objections concerning a notified body. It is therefore important to provide for a                              period during which any doubts or concerns as to the competence of conformity assessment bodies can be clarified before they                              start operating as notified bodies.

(35)In the interests of competitiveness, it is crucial that notified bodies apply the conformity assessment procedures without                              creating unnecessary burdens for economic operators. For the same reason, and to ensure equal treatment of economic operators,                              consistency in the technical application of the conformity assessment procedures needs to be ensured. That can best be achieved                              through appropriate coordination and cooperation between notified bodies.

(36)Member States should take all appropriate measures to ensure that products covered by this Directive may be placed on the                              market only if, when properly stored and used for their intended purpose, or under conditions of use which can be reasonably                              foreseen, they do not endanger the health and safety of persons. Products covered by this Directive should be considered as                              non-compliant with the essential health and safety requirements laid down in this Directive only under conditions of use which                              can be reasonably foreseen, that is when such use could result from lawful and readily predictable human behaviour.

(37)In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products                              entering the Union market provided for in Regulation (EC) No 765/2008 apply to products covered by this Directive. This Directive                              should not prevent Member States from choosing the competent authorities to carry out those tasks.

(38)Directive 94/9/EC already provides for a safeguard procedure which is necessary to allow the possibility for contesting the                              conformity of a product. In order to increase transparency and to reduce processing time, it is necessary to improve the existing                              safeguard procedure, with a view to making it more efficient and drawing on the expertise available in Member States.

(39)The existing system should be supplemented by a procedure under which interested parties are informed of measures intended                              to be taken with regard to products presenting a risk to the health or safety of persons, especially workers, or to domestic                              animals or property. It should also allow market surveillance authorities, in cooperation with the relevant economic operators,                              to act at an earlier stage in respect of such products.

(40)Where the Member States and the Commission agree as to the justification of a measure taken by a Member State, no further                              involvement of the Commission should be required, except where non-compliance can be attributed to shortcomings of a harmonised                              standard.

(41)In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on                              the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament                              and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member                              States of the Commission’s exercise of implementing powers(8).

(42)The advisory procedure should be used for the adoption of implementing acts requesting the notifying Member State to take                              the necessary corrective measures in respect of notified bodies that do not meet or no longer meet the requirements for their                              notification.

(43)The examination procedure should be used for the adoption of implementing acts with respect to compliant products which present                              a risk to the health or safety of persons or to other aspects of public interest protection.

(44)The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to compliant                              products which present a risk to the health or safety of persons or to domestic animals or property, imperative grounds of                              urgency so require.

(45)In line with established practice, the committee set up by this Directive can play a useful role in examining matters concerning                              the application of this Directive raised either by its chair or by a representative of a Member State in accordance with its                              rules of procedure.

(46)When matters relating to this Directive, other than its implementation or infringements, are being examined, i.e. in a Commission                              expert group, the European Parliament should in line with existing practice receive full information and documentation and,                              where appropriate, an invitation to attend such meetings.

(47)The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation                              (EU) No 182/2011, determine whether measures taken by Member States in respect of non-compliant products are justified or                              not.

(48)Member States should lay down rules on penalties applicable to infringements of the provisions of national law adopted pursuant                              to this Directive and ensure that those rules are enforced. The penalties provided for should be effective, proportionate                              and dissuasive.

(49)It is necessary to provide for reasonable transitional arrangements that allow the making available on the market and putting                              into service, without the need to comply with further product requirements, of products that have already been placed on the                              market in accordance with Directive 94/9/EC before the date for application of national measures transposing this Directive.                              Distributors should therefore be able to supply products that have been placed on the market, namely stock that is already                              in the distribution chain, before the date of application of national measures transposing this Directive.

(50)Since the objective of this Directive, namely to ensure that products on the market fulfil the requirements providing for                              a high level of protection of health and safety of persons, especially workers, and, where appropriate, protection of domestic                              animals and property, while guaranteeing the functioning of the internal market, cannot be sufficiently achieved by the Member                              States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures,                              in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with                              the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order                              to achieve that objective.

(51)The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive                              amendment as compared to the earlier Directive. The obligation to transpose the provisions which are unchanged arises under                              the earlier Directive.

(52)This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition                              into national law and the dates of application of the Directive set out in Annex XI, Part B,

HAVE ADOPTED THIS DIRECTIVE:

## CHAPTER 1U.K.**GENERAL PROVISIONS**

### Article 1U.K.Scope

1.This Directive shall apply to the following, hereinafter referred to as ‘products’:                  

(a)equipment and protective systems intended for use in potentially explosive atmospheres;                  

(b)safety devices, controlling devices and regulating devices intended for use outside potentially explosive atmospheres but                        required for or contributing to the safe functioning of equipment and protective systems with respect to the risks of explosion;                  

(c)components intended to be incorporated into equipment and protective systems referred to in point (a).                  

2.This Directive shall not apply to:                  

(a)medical devices intended for use in a medical environment;                  

(b)equipment and protective systems where the explosion hazard results exclusively from the presence of explosive substances                        or unstable chemical substances;                  

(c)equipment intended for use in domestic and non-commercial environments where potentially explosive atmospheres may only rarely                        be created, solely as a result of the accidental leakage of fuel gas;                  

(d)personal protective equipment covered by Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws                        of the Member States relating to personal protective equipment(9);                  

(e)seagoing vessels and mobile offshore units together with equipment on board such vessels or units;                  

(f)means of transport, i.e. vehicles and their trailers intended solely for transporting passengers by air or by road, rail or                        water networks, as well as means of transport in so far as such means are designed for transporting goods by air, by public                        road or rail networks or by water. Vehicles intended for use in a potentially explosive atmosphere shall not be excluded from                        the scope of this Directive;                  

(g)the equipment covered by point (b) of Article 346(1) of the Treaty on the Functioning of the European Union.                  

### Article 2U.K.Definitions

For the purposes of this Directive, the following definitions shall apply:

‘equipment’ means machines, apparatus, fixed or mobile devices, control components and instrumentation thereof and detection                              or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control                              and conversion of energy and/or the processing of material and which are capable of causing an explosion through their own                              potential sources of ignition;                           

‘protective systems’ means devices other than components of equipment which are intended to halt incipient explosions immediately                              and/or to limit the effective range of an explosion and which are separately made available on the market for use as autonomous                              systems;                           

‘components’ means any item essential to the safe functioning of equipment and protective systems but with no autonomous function;

‘explosive atmosphere’ means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases,                              vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;                           

‘potentially explosive atmosphere’ means an atmosphere which could become explosive due to local and operational conditions;

‘equipment-group I’ means equipment intended for use in underground parts of mines, and in those parts of surface installations                              of such mines, liable to be endangered by firedamp and/or combustible dust, comprising equipment categories M 1 and M 2 as                              set out in Annex I;                           

‘equipment-group II’ means equipment intended for use in other places liable to be endangered by explosive atmospheres, comprising                              equipment categories 1, 2 and 3 as set out in Annex I;                           

‘equipment category’ means the classification of equipment, within each equipment-group, specified in Annex I, determining                              the requisite level of protection to be ensured;                           

‘intended use’ means the use of a product prescribed by the manufacturer by assigning the equipment to a particular equipment-group                              and category or by providing all the information which is required for the safe functioning of a protective system, device                              or component;                           

‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in                              the course of a commercial activity, whether in return for payment or free of charge;                           

‘placing on the market’means the first making available of a product on the Union market;

‘manufacturer’ means any natural or legal person who manufactures a product or has a product designed or manufactured, and                              markets that product under his name or trade mark or uses it for his own purposes;                           

‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate                              from a manufacturer to act on his behalf in relation to specified tasks;                           

‘importer’ means any natural or legal person established within the Union who places a product from a third country on the                              Union market;                           

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes                              a product available on the market;                           

‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;

‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a product;

‘harmonised standard’ means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;

‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;

‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;

‘conformity assessment’ means the process demonstrating whether the essential health and safety requirements of this Directive                              relating to a product have been fulfilled;                           

‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification                              and inspection;                           

‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the end-user;

‘withdrawal’ means any measure aimed at preventing a product in the supply chain from being made available on the market;

‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products;

‘CE marking’ means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements                              set out in Union harmonisation legislation providing for its affixing.                           

### Article 3U.K.Making available on the market and putting into service

1.Member States shall take all appropriate measures to ensure that products may be made available on the market and put into                        service only if, when properly installed and maintained and used in accordance with their intended use, they comply with this                        Directive.                  

2.This Directive shall not affect Member States’ entitlement to lay down such requirements as they may deem necessary to ensure                        that persons and, in particular, workers are protected when using relevant products provided that this does not mean that                        such products are modified in a way not specified in this Directive.                  

3.At trade fairs, exhibitions and demonstrations, Member States shall not prevent the showing of products which do not comply                        with this Directive, provided that a visible sign clearly indicates that such products do not comply with this Directive and                        that they are not for sale until they have been brought into conformity by the manufacturer. During demonstrations, adequate                        safety measures shall be taken to ensure the protection of persons.                  

### Article 4U.K.Essential health and safety requirements

Products shall meet the essential health and safety requirements set out in Annex II which apply to them, account being taken                     of their intended use.                  

### Article 5U.K.Free movement

Member States shall not prohibit, restrict or impede the making available on the market and putting into service in their                     territory of products which comply with this Directive.                  

## CHAPTER 2U.K.**OBLIGATIONS OF ECONOMIC OPERATORS**

### Article 6U.K.Obligations of manufacturers

1.When placing their products on the market or using them for their own purposes, manufacturers shall ensure that they have                        been designed and manufactured in accordance with the essential health and safety requirements set out in Annex II.                  

2.Manufacturers shall draw up the technical documentation referred to in Annexes III to IX and carry out the relevant conformity                        assessment procedure referred to in Article 13 or have it carried out.                  

Where compliance of a product, other than a component, with the applicable requirements has been demonstrated by that procedure,                     manufacturers shall draw up an EU declaration of conformity and affix the CE marking.                  

Where compliance of a component with the applicable requirements has been demonstrated by the relevant conformity assessment                     procedure, manufacturers shall draw up a written attestation of conformity as referred to in Article 13(3).                  

Manufacturers shall ensure that each product is accompanied by a copy of the EU declaration of conformity or of the attestation                     of conformity, as appropriate. However, where a large number of products are delivered to a single user, the batch or consignment                     concerned may be accompanied by a single copy.                  

3.Manufacturers shall keep the technical documentation and the EU declaration of conformity or, where applicable, the attestation                        of conformity for 10 years after the product has been placed on the market.                  

4.Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive.                        Changes in a product design or characteristics and changes in the harmonised standards or in other technical specifications                        by reference to which conformity of a product is declared shall be adequately taken into account.                  

When deemed appropriate with regard to the risks presented by a product, manufacturers shall, to protect the health and safety                     of end-users, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register                     of complaints, of non-conforming products and product recalls, and shall keep distributors informed of any such monitoring.                  

5.Manufacturers shall ensure that products which they have placed on the market bear a type, batch or serial number or other                        element allowing their identification, or, where the size or nature of the product does not allow it, that the required information                        is provided on the packaging or in a document accompanying the product.                  

6.Manufacturers shall ensure that products, other than components, which they have placed on the market bear the specific marking                        of explosion protection and, where applicable, the other markings and information referred to in point 1.0.5 of Annex II.                  

7.Manufacturers shall indicate, on the product, their name, registered trade name or registered trade mark and the postal address                        at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the product.                        The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language                        easily understood by end-users and market surveillance authorities.                  

8.Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can                        be easily understood by end-users, as determined by the Member State concerned. Such instructions and safety information,                        as well as any labelling, shall be clear, understandable and intelligible.                  

9.Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity                        with this Directive shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw                        it or recall it, if appropriate. Furthermore, where the product presents a risk, manufacturers shall immediately inform the                        competent national authorities of the Member States in which they made the product available on the market to that effect,                        giving details, in particular, of the non-compliance and of any corrective measures taken.                  

10.Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information                        and documentation in paper or electronic form necessary to demonstrate the conformity of the product with this Directive,                        in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request,                        on any action taken to eliminate the risks posed by products which they have placed on the market.                  

### Article 7U.K.Authorised representatives

1.A manufacturer may, by a written mandate, appoint an authorised representative.                  

The obligations laid down in Article 6(1) and the obligation to draw up technical documentation referred to in Article 6(2)                     shall not form part of the authorised representative’s mandate.                  

2.An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate                        shall allow the authorised representative to do at least the following:                  

(a)keep the EU declaration of conformity or, where applicable, the attestation of conformity and the technical documentation                        at the disposal of national market surveillance authorities for 10 years after the product has been placed on the market;                  

(b)further to a reasoned request from a competent national authority, provide that authority with all the information and documentation                        necessary to demonstrate the conformity of a product;                  

(c)cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by products                        covered by the authorised representative’s mandate.                  

### Article 8U.K.Obligations of importers

1.Importers shall place only compliant products on the market.                  

2.Before placing a product on the market importers shall ensure that the appropriate conformity assessment procedure referred                        to in Article 13 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical                        documentation, that the product bears the CE marking, where applicable, is accompanied by the EU declaration of conformity                        or the attestation of conformity and the required documents, and that the manufacturer has complied with the requirements                        set out in Article 6(5), (6) and (7).                  

Where an importer considers or has reason to believe that a product is not in conformity with the essential health and safety                     requirements set out in Annex II, he shall not place the product on the market until it has been brought into conformity.                     Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities                     to that effect.                  

3.Importers shall indicate on the product their name, registered trade name or registered trade mark and the postal address                        at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the product.                        The contact details shall be in a language easily understood by end-users and market surveillance authorities.                  

4.Importers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily                        understood by end-users, as determined by the Member State concerned.                  

5.Importers shall ensure that, while a product is under their responsibility, its storage or transport conditions do not jeopardise                        its compliance with the essential health and safety requirements set out in Annex II.                  

6.When deemed appropriate with regard to the risks presented by a product, importers shall, to protect the health and safety                        of end-users, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register                        of complaints, of non-conforming products and product recalls, and shall keep distributors informed of any such monitoring.                  

7.Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity                        with this Directive shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw                        it or recall it, if appropriate. Furthermore, where the product presents a risk, importers shall immediately inform the competent                        national authorities of the Member States in which they made the product available on the market to that effect, giving details,                        in particular, of the non-compliance and of any corrective measures taken.                  

8.Importers shall, for 10 years after the product has been placed on the market, keep a copy of the EU declaration of conformity                        or, where applicable, of the attestation of conformity at the disposal of the market surveillance authorities and ensure that                        the technical documentation can be made available to those authorities, upon request.                  

9.Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and                        documentation in paper or electronic form necessary to demonstrate the conformity of a product in a language which can be                        easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate                        the risks posed by products which they have placed on the market.                  

### Article 9U.K.Obligations of distributors

1.When making a product available on the market distributors shall act with due care in relation to the requirements of this                        Directive.                  

2.Before making a product available on the market distributors shall verify that the product bears the CE marking, where applicable,                        that it is accompanied by the EU declaration of conformity or the attestation of conformity and the required documents and                        by instructions and safety information, in a language which can be easily understood by end-users in the Member State in which                        the product is to be made available on the market, and that the manufacturer and the importer have complied with the requirements                        set out in Article 6(5), (6) and (7) and Article 8(3) respectively.                  

Where a distributor considers or has reason to believe that a product is not in conformity with the essential health and safety                     requirements set out in Annex II, he shall not make the product available on the market until it has been brought into conformity.                     Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer to that effect                     as well as the market surveillance authorities.                  

3.Distributors shall ensure that, while a product is under their responsibility, its storage or transport conditions do not                        jeopardise its compliance with the essential health and safety requirements set out in Annex II.                  

4.Distributors who consider or have reason to believe that a product which they have made available on the market is not in                        conformity with this Directive shall make sure that the corrective measures necessary to bring that product into conformity,                        to withdraw it or recall it, if appropriate, are taken. Furthermore, where the product presents a risk, distributors shall                        immediately inform the competent national authorities of the Member States in which they made the product available on the                        market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.                  

5.Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information                        and documentation in paper or electronic form necessary to demonstrate the conformity of a product. They shall cooperate with                        that authority, at its request, on any action taken to eliminate the risks posed by products which they have made available                        on the market.                  

### Article 10U.K.Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Directive and he shall be subject to                     the obligations of the manufacturer under Article 6, where he places a product on the market under his name or trade mark                     or modifies a product already placed on the market in such a way that compliance with this Directive may be affected.                  

### Article 11U.K.Identification of economic operators

Economic operators shall, on request, identify the following to the market surveillance authorities:

any economic operator who has supplied them with a product;

any economic operator to whom they have supplied a product.

Economic operators shall be able to present the information referred to in the first paragraph for 10 years after they have                     been supplied with the product and for 10 years after they have supplied the product.                  

## CHAPTER 3U.K.**CONFORMITY OF THE PRODUCT**

### Article 12U.K.Presumption of conformity of products

1.Products which are in conformity with harmonised standards or parts thereof the references of which have been published in                        the *Official Journal of the European Union* shall be presumed to be in conformity with the essential health and safety requirements set out in Annex II covered by those                        standards or parts thereof.                  

2.In the absence of harmonised standards, Member States shall take any steps which they deem necessary to bring to the attention                        of the parties concerned the existing national standards and technical specifications regarded as important or relevant to                        the proper implementation of the essential health and safety requirements set out in Annex II.                  

### Article 13U.K.Conformity assessment procedures

1.The procedures to be followed for assessing the conformity of equipment and, where necessary, the devices referred to in point                        (b) of Article 1(1) shall be as follows:                  

(a)for equipment-groups I and II, equipment-categories M 1 and 1, the EU-type examination set out in Annex III, in conjunction                        with either of the following:                  
          -  (a)conformity to type based on quality assurance of the production process set out in Annex IV, 
          -  conformity to type based on product verification set out in Annex V; 

(b)for equipment-groups I and II, equipment categories M 2 and 2:                  

in the case of internal combustion engines and electrical equipment in these groups and categories, the EU-type examination                              set out in Annex III, in conjunction with either of the following:                           
                -  conformity to type based on internal production control plus supervised product testing set out in Annex VI, 
                -  conformity to type based on product quality assurance set out in Annex VII; 

in the case of other equipment in these groups and categories, internal production control set out in Annex VIII and the communication                              of the technical documentation provided for in Annex VIII, point 2, to a notified body, which shall acknowledge receipt of                              it as soon as possible and shall retain it;                           

(c)for equipment-group II, equipment category 3, internal production control set out in Annex VIII;                  

(d)for equipment-groups I and II, in addition to the procedures referred to in points (a), (b) and (c) of this paragraph, conformity                        based on unit verification set out in Annex IX may also be followed.                  

2.The procedure referred to in point (a) or (d) of paragraph 1 shall be used for conformity assessment of protective systems.                  

3.The procedures referred to in paragraph 1 shall be applied in respect of components with the exception of the affixing of                        the CE marking and the drawing up of the EU declaration of conformity. A written attestation of conformity shall be issued                        by the manufacturer, declaring the conformity of the components with the applicable provisions of this Directive and stating                        their characteristics and how they must be incorporated into equipment or protective systems to assist compliance with the                        essential health and safety requirements set out in Annex II applicable to finished equipment or protective systems.                  

4.With regard to the safety aspects referred to in point 1.2.7 of Annex II, in addition to the conformity assessment procedures                        referred to in paragraphs 1 and 2, the procedure referred to in Annex VIII may also be followed.                  

5.By derogation from paragraphs 1, 2 and 4, the competent authorities may, on a duly justified request, authorise the placing                        on the market and putting into service on the territory of the Member State concerned of the products other than components                        in respect of which the procedures referred to in paragraphs 1, 2 and 4 have not been applied and the use of which is in the                        interests of protection.                  

6.Documents and correspondence relating to the conformity assessment procedures referred to in paragraphs 1 to 4 shall be drawn                        up in a language, determined by the Member State concerned.                  

### Article 14U.K.EU declaration of conformity

1.The EU declaration of conformity shall state that the fulfilment of the essential health and safety requirements set out in                        Annex II has been demonstrated.                  

2.The EU declaration of conformity shall have the model structure set out in Annex X, shall contain the elements specified in                        the relevant conformity assessment procedures set out in Annexes III to IX and shall be continuously updated. It shall be                        translated into the language or languages required by the Member State in which the product is placed or made available on                        the market.                  

3.Where a product is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of                        conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the Union                        acts concerned, including their publication references.                  

4.By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product                        with the requirements laid down in this Directive.                  

### Article 15U.K.General principles of the CE marking

The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

### Article 16U.K.Rules and conditions for affixing the CE marking and other markings

1.The CE marking shall be affixed visibly, legibly and indelibly to the product or to its data plate. Where that is not possible                        or not warranted on account of the nature of the product, it shall be affixed to the packaging and to the accompanying documents.                  

2.The CE marking shall be affixed before the product is placed on the market.                  

3.The CE marking shall be followed by the identification number of the notified body, where that body is involved in the production                        control phase.                  

The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer                     or his authorised representative.                  

4.The CE marking and, where applicable, the identification number of the notified body shall be followed by the specific marking                        of explosion protection  , the symbols of the equipment-group and category and, where applicable, the other markings and information referred to in                        point 1.0.5 of Annex II.                  

5.The CE marking and the markings, symbols and information referred to in paragraph 4, and, where applicable, the identification                        number of the notified body, may be followed by any other mark indicating a special risk or use.                  

Products that are designed for a particular explosive atmosphere shall be marked accordingly.

6.Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and                        shall take appropriate action in the event of improper use of that marking.                  

## CHAPTER 4U.K.**NOTIFICATION OF CONFORMITY ASSESSMENT BODIES**

### Article 17U.K.Notification

Member States shall notify the Commission and the other Member States of bodies authorised to carry out third-party conformity                     assessment tasks under this Directive.                  

### Article 18U.K.Notifying authorities

1.Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary                        procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including                        compliance with the provisions of Article 23.                  

2.Member States may decide that the assessment and monitoring referred to in paragraph 1 is to be carried out by a national                        accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008.                  

3.Where the notifying authority delegates or otherwise entrusts the assessment, notification or monitoring referred to in paragraph                        1 to a body which is not a governmental entity, that body shall be a legal entity and shall comply *mutatis mutandis* with the requirements laid down in Article 19. In addition it shall have arrangements to cover liabilities arising out of                        its activities.                  

4.The notifying authority shall take full responsibility for the tasks performed by the body referred to in paragraph 3.                  

### Article 19U.K.Requirements relating to notifying authorities

1.A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies occurs.                  

2.A notifying authority shall be organised and operated so as to safeguard the objectivity and impartiality of its activities.                  

3.A notifying authority shall be organised in such a way that each decision relating to notification of a conformity assessment                        body is taken by competent persons different from those who carried out the assessment.                  

4.A notifying authority shall not offer or provide any activities that conformity assessment bodies perform or consultancy services                        on a commercial or competitive basis.                  

5.A notifying authority shall safeguard the confidentiality of the information it obtains.                  

6.A notifying authority shall have a sufficient number of competent personnel at its disposal for the proper performance of                        its tasks.                  

### Article 20U.K.Information obligation on notifying authorities

Member States shall inform the Commission of their procedures for the assessment and notification of conformity assessment                     bodies and the monitoring of notified bodies, and of any changes thereto.                  

The Commission shall make that information publicly available.

### Article 21U.K.Requirements relating to notified bodies

1.For the purposes of notification, a conformity assessment body shall meet the requirements laid down in paragraphs 2 to 11.                  

2.A conformity assessment body shall be established under the national law of a Member State and have legal personality.                  

3.A conformity assessment body shall be a third-party body independent of the organisation or the product it assesses.                  

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing,                     provision, assembly, use or maintenance of products which it assesses, may, on condition that its independence and the absence                     of any conflict of interest are demonstrated, be considered such a body.                  

4.A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment                        tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the products which                        they assess, nor the representative of any of those parties. This shall not preclude the use of assessed products that are                        necessary for the operations of the conformity assessment body or the use of such products for personal purposes.                  

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment                     tasks shall not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance                     of those products, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict                     with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified.                     This shall in particular apply to consultancy services.                  

Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality,                     objectivity or impartiality of their conformity assessment activities.                  

5.Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the highest degree                        of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures                        and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment                        activities, especially as regards persons or groups of persons with an interest in the results of those activities.                  

6.A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it by Annexes                        III to VII and Annex IX and in relation to which it has been notified, whether those tasks are carried out by the conformity                        assessment body itself or on its behalf and under its responsibility.                  

At all times and for each conformity assessment procedure and each kind or category of products in relation to which it has                     been notified, a conformity assessment body shall have at its disposal the necessary:                  

(a)personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;                  

(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the                        ability of reproduction of those procedures. It shall have appropriate policies and procedures in place that distinguish between                        tasks it carries out as a notified body and other activities;                  

(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it                        operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the                        production process.                  

A conformity assessment body shall have the means necessary to perform the technical and administrative tasks connected with                     the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.                  

7.The personnel responsible for carrying out conformity assessment tasks shall have the following:                  

(a)sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity                        assessment body has been notified;                  

(b)satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;                  

(c)appropriate knowledge and understanding of the essential health and safety requirements set out in Annex II, of the applicable                        harmonised standards, of the relevant provisions of Union harmonisation legislation and of national legislation;                  

(d)the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.                  

8.The impartiality of the conformity assessment bodies, their top level management, and of the personnel responsible for carrying                        out the conformity assessment tasks shall be guaranteed.                  

The remuneration of the top level management and personnel responsible for carrying out the conformity assessment tasks of                     a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.                  

9.Conformity assessment bodies shall take out liability insurance unless liability is assumed by the State in accordance with                        national law, or the Member State itself is directly responsible for the conformity assessment.                  

10.The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in                        carrying out their tasks under Annexes III to VII and Annex IX or any provision of national law giving effect to it, except                        in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall                        be protected.                  

11.Conformity assessment bodies shall participate in, or ensure that their personnel responsible for carrying out the conformity                        assessment tasks are informed of, the relevant standardisation activities and the activities of the notified body coordination                        group established under the relevant Union harmonisation legislation and shall apply as general guidance the administrative                        decisions and documents produced as a result of the work of that group.                  

### Article 22U.K.Presumption of conformity of notified bodies

Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards                     or parts thereof the references of which have been published in the *Official Journal of the European Union*, it shall be presumed to comply with the requirements set out in Article 21 in so far as the applicable harmonised standards                     cover those requirements.                  

### Article 23U.K.Subsidiaries of and subcontracting by notified bodies

1.Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it                        shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 21 and shall inform the notifying                        authority accordingly.                  

2.Notified bodies shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are                        established.                  

3.Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.                  

4.Notified bodies shall keep at the disposal of the notifying authority the relevant documents concerning the assessment of                        the qualifications of the subcontractor or the subsidiary and the work carried out by them under Annexes III to VII and Annex                        IX.                  

### Article 24U.K.Application for notification

1.A conformity assessment body shall submit an application for notification to the notifying authority of the Member State in                        which it is established.                  

2.The application for notification shall be accompanied by a description of the conformity assessment activities, the conformity                        assessment module or modules and the product or products for which that body claims to be competent, as well as by an accreditation                        certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils                        the requirements laid down in Article 21.                  

3.Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying                        authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance                        with the requirements laid down in Article 21.                  

### Article 25U.K.Notification procedure

1.Notifying authorities may notify only conformity assessment bodies which have satisfied the requirements laid down in Article                        21.                  

2.They shall notify the Commission and the other Member States using the electronic notification tool developed and managed                        by the Commission.                  

3.The notification shall include full details of the conformity assessment activities, the conformity assessment module or modules                        and the product or products concerned and the relevant attestation of competence.                  

4.Where a notification is not based on an accreditation certificate as referred to in Article 24(2), the notifying authority                        shall provide the Commission and the other Member States with documentary evidence which attests to the conformity assessment                        body’s competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to                        satisfy the requirements laid down in Article 21.                  

5.The body concerned may perform the activities of a notified body only where no objections are raised by the Commission or                        the other Member States within two weeks of a notification where an accreditation certificate is used or within two months                        of a notification where accreditation is not used.                  

Only such a body shall be considered a notified body for the purposes of this Directive.

6.The notifying authority shall notify the Commission and the other Member States of any subsequent relevant changes to the                        notification.                  

### Article 26U.K.Identification numbers and lists of notified bodies

1.The Commission shall assign an identification number to a notified body.                  

It shall assign a single such number even where the body is notified under several Union acts.

2.The Commission shall make publicly available the list of the bodies notified under this Directive, including the identification                        numbers that have been assigned to them and the activities for which they have been notified.                  

The Commission shall ensure that the list is kept up to date.

### Article 27U.K.Changes to notifications

1.Where a notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid                        down in Article 21, or that it is failing to fulfil its obligations, the notifying authority shall restrict, suspend or withdraw                        notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations.                        It shall immediately inform the Commission and the other Member States accordingly.                  

2.In the event of restriction, suspension or withdrawal of notification, or where the notified body has ceased its activity,                        the notifying Member State shall take appropriate steps to ensure that the files of that body are either processed by another                        notified body or kept available for the responsible notifying and market surveillance authorities at their request.                  

### Article 28U.K.Challenge of the competence of notified bodies

1.The Commission shall investigate all cases where it doubts, or doubt is brought to its attention regarding, the competence                        of a notified body or the continued fulfilment by a notified body of the requirements and responsibilities to which it is                        subject.                  

2.The notifying Member State shall provide the Commission, on request, with all information relating to the basis for the notification                        or the maintenance of the competence of the notified body concerned.                  

3.The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.                  

4.Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification,                        it shall adopt an implementing act requesting the notifying Member State to take the necessary corrective measures, including                        withdrawal of notification if necessary.                  

That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 39(2).

### Article 29U.K.Operational obligations of notified bodies

1.Notified bodies shall carry out conformity assessments in accordance with the conformity assessment procedures provided for                        in Annexes III to VII and Annex IX.                  

2.Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators.                        Conformity assessment bodies shall perform their activities taking due account of the size of an undertaking, the sector in                        which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature                        of the production process.                  

In so doing they shall nevertheless respect the degree of rigour and the level of protection required for the compliance of                     the product with the requirements of this Directive.                  

3.Where a notified body finds that the essential health and safety requirements set out in Annex II or corresponding harmonised                        standards or other technical specifications have not been met by a manufacturer, it shall require that manufacturer to take                        appropriate corrective measures and shall not issue a certificate of conformity.                  

4.Where, in the course of the monitoring of conformity following the issue of a certificate, a notified body finds that a product                        no longer complies, it shall require the manufacturer to take appropriate corrective measures and shall suspend or withdraw                        the certificate if necessary.                  

5.Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw                        any certificates, as appropriate.                  

### Article 30U.K.Appeal against decisions of notified bodies

Member States shall ensure that an appeal procedure against decisions of the notified bodies is available.

### Article 31U.K.Information obligation on notified bodies

1.Notified bodies shall inform the notifying authority of the following:                  

(a)any refusal, restriction, suspension or withdrawal of a certificate;                  

(b)any circumstances affecting the scope of or conditions for notification;                  

(c)any request for information which they have received from market surveillance authorities regarding conformity assessment                        activities;                  

(d)on request, conformity assessment activities performed within the scope of their notification and any other activity performed,                        including cross-border activities and subcontracting.                  

2.Notified bodies shall provide the other bodies notified under this Directive carrying out similar conformity assessment activities                        covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment                        results.                  

### Article 32U.K.Exchange of experience

The Commission shall provide for the organisation of exchange of experience between the Member States’ national authorities                     responsible for notification policy.                  

### Article 33U.K.Coordination of notified bodies

The Commission shall ensure that appropriate coordination and cooperation between bodies notified under this Directive are                     put in place and properly operated in the form of a sectoral group of notified bodies.                  

Member States shall ensure that the bodies notified by them participate in the work of that group, directly or by means of                     designated representatives.                  

## CHAPTER 5U.K.**UNION MARKET SURVEILLANCE, CONTROL OF PRODUCTS ENTERING THE UNION MARKET AND UNION SAFEGUARD PROCEDURE**

### Article 34U.K.Union market surveillance and control of products entering the Union market

Article 15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to products covered by Article 1 of this Directive.

### Article 35U.K.Procedure for dealing with products presenting a risk at national level

1.Where the market surveillance authorities of one Member State have sufficient reason to believe that a product presents a                        risk to the health or safety of persons or to domestic animals or property, they shall carry out an evaluation in relation                        to the product concerned covering all relevant requirements laid down in this Directive. The relevant economic operators shall                        cooperate as necessary with the market surveillance authorities for that purpose.                  

Where, in the course of the evaluation referred to in the first subparagraph, the market surveillance authorities find that                     the product does not comply with the requirements laid down in this Directive, they shall without delay require the relevant                     economic operator to take all appropriate corrective actions to bring the product into compliance with those requirements,                     to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk,                     as they may prescribe.                  

The market surveillance authorities shall inform the relevant notified body accordingly.

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second subparagraph of this paragraph.

2.Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they                        shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have                        required the economic operator to take.                  

3.The economic operator shall ensure that all appropriate corrective action is taken in respect of all the products concerned                        that it has made available on the market throughout the Union.                  

4.Where the relevant economic operator does not take adequate corrective action within the period referred to in the second                        subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit                        or restrict the products being made available on their national market, to withdraw the product from that market or to recall                        it.                  

The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.

5.The information referred to in the second subparagraph of paragraph 4 shall include all available details, in particular the                        data necessary for the identification of the non-compliant product, the origin of the product, the nature of the non-compliance                        alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the                        relevant economic operator. In particular, the market surveillance authorities shall indicate whether the non-compliance is                        due to either of the following:                  

(a)failure of the product to meet requirements relating to the health or safety of persons or to the protection of domestic animals                        or property; or                  

(b)shortcomings in the harmonised standards referred to in Article 12 conferring a presumption of conformity.                  

6.Member States other than the Member State initiating the procedure under this Article shall without delay inform the Commission                        and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance                        of the product concerned, and, in the event of disagreement with the adopted national measure, of their objections.                  

7.Where, within three months of receipt of the information referred to in the second subparagraph of paragraph 4, no objection                        has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that                        measure shall be deemed justified.                  

8.Member States shall ensure that appropriate restrictive measures, such as withdrawal of the product from the market, are taken                        in respect of the product concerned without delay.                  

### Article 36U.K.Union safeguard procedure

1.Where, on completion of the procedure set out in Article 35(3) and (4), objections are raised against a measure taken by a                        Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall                        without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate                        the national measure. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining                        whether the national measure is justified or not.                  

The Commission shall address its decision to all Member States and shall immediately communicate it to them and to the relevant                     economic operator or operators.                  

2.If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant                        product is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered                        unjustified, the Member State concerned shall withdraw that measure.                  

3.Where the national measure is considered justified and the non-compliance of the product is attributed to shortcomings in                        the harmonised standards referred to in point (b) of Article 35(5) of this Directive, the Commission shall apply the procedure                        provided for in Article 11 of Regulation (EU) No 1025/2012.                  

### Article 37U.K.Compliant products which present a risk

1.Where, having carried out an evaluation under Article 35(1), a Member State finds that although a product is in compliance                        with this Directive, it presents a risk to the health or safety of persons or to domestic animals or property, it shall require                        the relevant economic operator to take all appropriate measures to ensure that the product concerned, when placed on the market,                        no longer presents that risk, to withdraw the product from the market or to recall it within a reasonable period, commensurate                        with the nature of the risk, as it may prescribe.                  

2.The economic operator shall ensure that corrective action is taken in respect of all the products concerned that he has made                        available on the market throughout the Union.                  

3.The Member State shall immediately inform the Commission and the other Member States. That information shall include all available                        details, in particular the data necessary for the identification of the product concerned, the origin and the supply chain                        of the product, the nature of the risk involved and the nature and duration of the national measures taken.                  

4.The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators                        and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide                        by means of implementing acts whether the national measure is justified or not, and where necessary, propose appropriate measures.                  

The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination                     procedure referred to in Article 39(3).                  

On duly justified imperative grounds of urgency relating to the protection of health and safety of persons or to the protection                     of domestic animals or property, the Commission shall adopt immediately applicable implementing acts in accordance with the                     procedure referred to in Article 39(4).                  

5.The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant                        economic operator or operators.                  

### Article 38U.K.Formal non-compliance

1.Without prejudice to Article 35, where a Member State makes one of the following findings, it shall require the relevant economic                        operator to put an end to the non-compliance concerned:                  

(a)the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 16 of this Directive;                  

(b)the CE marking, where required, has not been affixed;                  

(c)the specific marking of explosion protection  , the symbols of the equipment-group and category and, where applicable, the other markings and information have been affixed                        in violation of point 1.0.5 of Annex II or have not been affixed;                  

(d)the identification number of the notified body, where that body is involved in the production control phase, has been affixed                        in violation of Article 16 or has not been affixed;                  

(e)the EU declaration of conformity or the attestation of conformity, as appropriate, does not accompany the product;                  

(f)the EU declaration of conformity or, where required, the attestation of conformity has not been drawn up correctly;                  

(g)technical documentation is either not available or not complete;                  

(h)the information referred to in Article 6(7) or 8(3) is absent, false or incomplete;                  

(i)any other administrative requirement provided for in Article 6 or 8 is not fulfilled.                  

2.Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures                        to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the                        market.                  

## CHAPTER 6U.K.**COMMITTEE, TRANSITIONAL AND FINAL PROVISIONS**

### Article 39U.K.Committee procedure

1.The Commission shall be assisted by the Committee on equipment and protective systems intended for use in potentially explosive                        atmospheres. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.                  

2.Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.                  

3.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                  

4.Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof,                        shall apply.                  

5.The committee shall be consulted by the Commission on any matter for which consultation of sectoral experts is required by                        Regulation (EU) No 1025/2012 or by any other Union legislation.                  

The committee may furthermore examine any other matter concerning the application of this Directive raised either by its chair                     or by a representative of a Member State in accordance with its rules of procedure.                  

### Article 40U.K.Penalties

Member States shall lay down rules on penalties applicable to infringements by economic operators of the provisions of national                     law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. Such rules                     may include criminal penalties for serious infringements.                  

The penalties provided for shall be effective, proportionate and dissuasive.

### Article 41U.K.Transitional provisions

1.Member States shall not impede the making available on the market or the putting into service of products covered by Directive                        94/9/EC which are in conformity with that Directive and which were placed on the market before 20 April 2016.                  

2.Certificates issued under Directive 94/9/EC shall be valid under this Directive.                  

### Article 42U.K.Transposition

1.Member States shall adopt and publish by 19 April 2016 the laws, regulations and administrative provisions necessary to comply                        with Article 1, points 2 and 8 to 26 of Article 2, Article 3, Articles 5 to 41 and Annexes III to X. They shall forthwith                        communicate the text of those measures to the Commission.                  

They shall apply those measures from 20 April 2016.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference                     on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations                     and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive.                     Member States shall determine how such reference is to be made and how that statement is to be formulated.                  

2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the                        field covered by this Directive.                  

### Article 43U.K.Repeal

Directive 94/9/EC, as amended by the Regulations listed in Annex XI, Part A, is repealed with effect from 20 April 2016, without                     prejudice to the obligations of the Member States relating to the time limits for transposition into national law and the                     dates of application of the Directive set out in Annex XI, Part B.                  

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with                     the correlation table in Annex XII.                  

### Article 44U.K.Entry into force and application

This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

Points 1 and 3 to 7 of Article 2, Article 4 and Annexes I, II, XI and XII shall apply from 20 April 2016.

### Article 45U.K.Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 26 February 2014.

*For the European Parliament*                            

*The President*                            

M. Schulz                            

*For the Council*                            

*The President*                            

D. Kourkoulas                            

## ANNEX IU.K.CRITERIA DETERMINING THE CLASSIFICATION OF EQUIPMENT-GROUPS INTO CATEGORIES

### 1.**Equipment-group I**U.K.

#### (a)Equipment category M 1 comprises equipment designed and, where necessary, equipped with additional special means of protection                        to be capable of functioning in conformity with the operational parameters established by the manufacturer and ensuring a                        very high level of protection.U.K.

Equipment in this category is intended for use in underground parts of mines as well as those parts of surface installations                     of such mines endangered by firedamp and/or combustible dust.                  

Equipment in this category is required to remain functional, even in the event of rare incidents relating to equipment, with                     an explosive atmosphere present, and is characterised by means of protection such that:                  
          -  either, in the event of failure of one means of protection, at least an independent second means provides the requisite level                           of protection,                         
          -  or the requisite level of protection is assured in the event of two faults occurring independently of each other. 

Equipment in this category must comply with the supplementary requirements referred to in point 2.0.1 of Annex II.

#### (b)Equipment category M 2 comprises equipment designed to be capable of functioning in conformity with the operational parameters                        established by the manufacturer and ensuring a high level of protection.U.K.

Equipment in this category is intended for use in underground parts of mines as well as those parts of surface installations                     of such mines likely to be endangered by firedamp and/or combustible dust.                  

This equipment is intended to be de-energised in the event of an explosive atmosphere.

The means of protection relating to equipment in this category assure the requisite level of protection during normal operation                     and also in the case of more severe operating conditions, in particular those arising from rough handling and changing environmental                     conditions.                  

Equipment in this category must comply with the supplementary requirements referred to in point 2.0.2 of Annex II.

### 2.**Equipment-group II**U.K.

#### (a)Equipment category 1 comprises equipment designed to be capable of functioning in conformity with the operational parameters                        established by the manufacturer and ensuring a very high level of protection.U.K.

Equipment in this category is intended for use in areas in which explosive atmospheres caused by mixtures of air and gases,                     vapours or mists or by air/dust mixtures are present continuously, for long periods or frequently.                  

Equipment in this category must ensure the requisite level of protection, even in the event of rare incidents relating to                     equipment, and is characterised by means of protection such that:                  
          -  either, in the event of failure of one means of protection, at least an independent second means provides the requisite level                           of protection,                         
          -  or the requisite level of protection is assured in the event of two faults occurring independently of each other. 

Equipment in this category must comply with the supplementary requirements referred to in point 2.1 of Annex II.

#### (b)Equipment category 2 comprises equipment designed to be capable of functioning in conformity with the operational parameters                        established by the manufacturer and of ensuring a high level of protection.U.K.

Equipment in this category is intended for use in areas in which explosive atmospheres caused by gases, vapours, mists or                     air/dust mixtures are likely to occur occasionally.                  

The means of protection relating to equipment in this category ensure the requisite level of protection, even in the event                     of frequently occurring disturbances or equipment faults which normally have to be taken into account.                  

Equipment in this category must comply with the supplementary requirements referred to in point 2.2 of Annex II.

#### (c)Equipment category 3 comprises equipment designed to be capable of functioning in conformity with the operating parameters                        established by the manufacturer and ensuring a normal level of protection.U.K.

Equipment in this category is intended for use in areas in which explosive atmospheres caused by gases, vapours, mists, or                     air/dust mixtures are unlikely to occur or, if they do occur, are likely to do so only infrequently and for a short period                     only.                  

Equipment in this category ensures the requisite level of protection during normal operation.

Equipment in this category must comply with the supplementary requirements referred to in point 2.3 of Annex II.

## ANNEX IIU.K.ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED                        FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES

### **Preliminary observations**U.K.

#### A.Technological knowledge, which can change rapidly, must be taken into account as far as possible and be utilised immediately.U.K.

#### B.For the devices referred to in point (b) of Article 1(1), the essential health and safety requirements shall apply only in                        so far as they are necessary for the safe and reliable functioning and operation of those devices with respect to the risks                        of explosion.U.K.

### 1.**Common requirements for Equipment and protective systems**U.K.

#### 1.0.*General requirements*U.K.

##### 1.0.1.*Principles of integrated explosion safety*U.K.

Equipment and protective systems intended for use in potentially explosive atmospheres must be designed from the point of                     view of integrated explosion safety.                  

In this connection, the manufacturer must take measures:
          -  above all, if possible, to prevent the formation of explosive atmospheres which may be produced or released by equipment and                           by protective systems themselves,                         
          -  to prevent the ignition of explosive atmospheres, taking into account the nature of every electrical and non-electrical source                           of ignition,                         
          -  should an explosion nevertheless occur which could directly or indirectly endanger persons and, as the case may be, domestic                           animals or property, to halt it immediately and/or to limit the range of explosion flames and explosion pressures to a sufficient                           level of safety.                         

##### 1.0.2.Equipment and protective systems must be designed and manufactured after due analysis of possible operating faults in order                        as far as possible to preclude dangerous situations.U.K.

Any misuse which can reasonably be anticipated must be taken into account.

##### 1.0.3.*Special checking and maintenance conditions*U.K.

Equipment and protective systems subject to special checking and maintenance conditions must be designed and constructed with                     such conditions in mind.                  

##### 1.0.4.*Surrounding area conditions*U.K.

Equipment and protective systems must be so designed and constructed as to be capable of coping with actual or foreseeable                     surrounding area conditions.                  

##### 1.0.5.*Marking*U.K.

All equipment and protective systems must be marked legibly and indelibly with the following minimum particulars:
          -  name, registered trade name or registered trade mark, and address of the manufacturer, 
          -  CE marking (see Annex II to Regulation (EC) No 765/2008), 
          -  designation of series or type, 
          -  batch or serial number, if any, 
          -  year of construction, 
          -  the specific marking of explosion protection   followed by the symbol of the equipment-group and category,                         
          -  for equipment-group II, the letter ‘G’ (concerning explosive atmospheres caused by gases, vapours or mists),  and/or 
          -  the letter ‘D’ (concerning explosive atmospheres caused by dust). 

Furthermore, where necessary, they must also be marked with all information essential to their safe use.

##### 1.0.6.*Instructions*U.K.

All equipment and protective systems must be accompanied by instructions, including at least the following particulars:
                -  a recapitulation of the information with which the equipment or protective system is marked, except for the batch or serial                                    number (see point 1.0.5), together with any appropriate additional information to facilitate maintenance (e.g. address of                                    the repairer, etc.);                                  
                -  instructions for safe:                    -  putting into service, 
                  -  use, 
                  -  assembling and dismantling, 
                  -  maintenance (servicing and emergency repair), 
                  -  installation, 
                  -  adjustment; 
                -  where necessary, an indication of the danger areas in front of pressure-relief devices; 
                -  where necessary, training instructions; 
                -  details which allow a decision to be taken beyond any doubt as to whether an item of equipment in a specific category or a                                    protective system can be used safely in the intended area under the expected operating conditions;                                  
                -  electrical and pressure parameters, maximum surface temperatures and other limit values; 
                -  where necessary, special conditions of use, including particulars of possible misuse which experience has shown might occur; 
                -  where necessary, the essential characteristics of tools which may be fitted to the equipment or protective system. 

The instructions must contain the drawings and diagrams necessary for the putting into service, maintenance, inspection, checking                              of correct operation and, where appropriate, repair of the equipment or protective system, together with all useful instructions,                              in particular with regard to safety.                           

Literature describing the equipment or protective system must not contradict the instructions with regard to safety aspects.

#### 1.1.*Selection of materials*U.K.

##### 1.1.1.The materials used for the construction of equipment and protective systems must not trigger off an explosion, taking into                        account foreseeable operational stresses.U.K.

##### 1.1.2.Within the limits of the operating conditions laid down by the manufacturer, it must not be possible for a reaction to take                        place between the materials used and the constituents of the potentially explosive atmosphere which could impair explosion                        protection.U.K.

##### 1.1.3.Materials must be so selected that predictable changes in their characteristics and their compatibility in combination with                        other materials will not lead to a reduction in the protection afforded; in particular, due account must be taken of the material’s                        corrosion and wear resistance, electrical conductivity, mechanical strength, ageing resistance and the effects of temperature                        variations.U.K.

#### 1.2.*Design and construction*U.K.

##### 1.2.1.Equipment and protective systems must be designed and constructed with due regard to technological knowledge of explosion                        protection so that they can be safely operated throughout their foreseeable lifetime.U.K.

##### 1.2.2.Components to be incorporated into or used as replacements in equipment and protective systems must be so designed and constructed                        that they function safely for their intended purpose of explosion protection when they are installed in accordance with the                        manufacturer’s instructions.U.K.

##### 1.2.3.*Enclosed structures and prevention of leaks*U.K.

Equipment which may release flammable gases or dusts must wherever possible employ enclosed structures only.

If equipment contains openings or non-tight joints, these must as far as possible be designed in such a way that releases                     of gases or dusts cannot give rise to explosive atmospheres outside the equipment.                  

Points where materials are introduced or drawn off must, as far as possible, be designed and equipped so as to limit releases                     of flammable materials during filling or draining.                  

##### 1.2.4.*Dust deposits*U.K.

Equipment and protective systems which are intended to be used in areas exposed to dust must be so designed that deposit dust                     on their surfaces is not ignited.                  

In general, dust deposits must be limited where possible. Equipment and protective systems must be easily cleanable.

The surface temperatures of equipment parts must be kept well below the glow temperature of the deposit dust.

The thickness of deposit dust must be taken into consideration and, if appropriate, means must be taken to limit the temperature                     in order to prevent a heat build up.                  

##### 1.2.5.*Additional means of protection*U.K.

Equipment and protective systems which may be exposed to certain types of external stresses must be equipped, where necessary,                     with additional means of protection.                  

Equipment must withstand relevant stresses, without adverse effect on explosion protection.

##### 1.2.6.*Safe opening*U.K.

If equipment and protective systems are in a housing or a locked container forming part of the explosion protection itself,                     it must be possible to open such housing or container only with a special tool or by means of appropriate protection measures.                  

##### 1.2.7.*Protection against other hazards*U.K.

Equipment and protective systems must be so designed and manufactured as to:

avoid physical injury or other harm which might be caused by direct or indirect contact;

assure that surface temperatures of accessible parts or radiation which would cause a danger, are not produced;

eliminate non-electrical dangers which are revealed by experience;

assure that foreseeable conditions of overload do not give rise to dangerous situations.

Where, for equipment and protective systems, the risks referred to in this point are wholly or partly covered by other Union                     legislation, this Directive shall not apply or shall cease to apply in the case of such equipment and protective systems and                     of such risks upon application of that specific Union legislation.                  

##### 1.2.8.*Overloading of equipment*U.K.

Dangerous overloading of equipment must be prevented at the design stage by means of integrated measurement, regulation and                     control devices, such as over-current cut-off switches, temperature limiters, differential pressure switches, flowmeters,                     time-lag relays, overspeed monitors and/or similar types of monitoring devices.                  

##### 1.2.9.*Flameproof enclosure systems*U.K.

If parts which can ignite an explosive atmosphere are placed in an enclosure, measures must be taken to ensure that the enclosure                     withstands the pressure developed during an internal explosion of an explosive mixture and prevents the transmission of the                     explosion to the explosive atmosphere surrounding the enclosure.                  

#### 1.3.*Potential ignition sources*U.K.

##### 1.3.1.*Hazards arising from different ignition sources*U.K.

Potential ignition sources such as sparks, flames, electric arcs, high surface temperatures, acoustic energy, optical radiation,                     electromagnetic waves and other ignition sources must not occur.                  

##### 1.3.2.*Hazards arising from static electricity*U.K.

Electrostatic charges capable of resulting in dangerous discharges must be prevented by means of appropriate measures.

##### 1.3.3.*Hazards arising from stray electric and leakage currents*U.K.

Stray electric and leakage currents in conductive equipment parts which could result in, for example, the occurrence of dangerous                     corrosion, overheating of surfaces or sparks capable of provoking an ignition must be prevented.                  

##### 1.3.4.*Hazards arising from overheating*U.K.

Overheating caused by friction or impacts occurring, for example, between materials and parts in contact with each other while                     rotating or through the intrusion of foreign bodies must, as far as possible, be prevented at the design stage.                  

##### 1.3.5.*Hazards arising from pressure compensation operations*U.K.

Equipment and protective systems must be so designed or fitted with integrated measuring, control and regulation devices that                     pressure compensations arising from them do not generate shock waves or compressions which may cause ignition.                  

#### 1.4.*Hazards arising from external effects*U.K.

##### 1.4.1.Equipment and protective systems must be so designed and constructed as to be capable of performing their intended function                        in full safety, even in changing environmental conditions and in the presence of extraneous voltages, humidity, vibrations,                        contamination and other external effects, taking into account the limits of the operating conditions established by the manufacturer.U.K.

##### 1.4.2.Equipment parts used must be appropriate to the intended mechanical and thermal stresses and capable of withstanding attack                        by existing or foreseeable aggressive substances.U.K.

#### 1.5.*Requirements in respect of safety-related devices*U.K.

##### 1.5.1.Safety devices must function independently of any measurement and/or control devices required for operation.U.K.

As far as possible, failure of a safety device must be detected sufficiently rapidly by appropriate technical means to ensure                     that there is only very little likelihood that dangerous situations will occur.                  

The fail-safe principle is to be applied in general.

Safety-related switching must in general directly actuate the relevant control devices without intermediate software command.

##### 1.5.2.In the event of a safety device failure, equipment and/or protective systems shall, wherever possible, be secured.U.K.

##### 1.5.3.Emergency stop controls of safety devices must, as far as possible, be fitted with restart lockouts. A new start command may                        take effect on normal operation only after the restart lockouts have been intentionally reset.U.K.

##### 1.5.4.*Control and display units*U.K.

Where control and display units are used, they must be designed in accordance with ergonomic principles in order to achieve                     the highest possible level of operating safety with regard to the risk of explosion.                  

##### 1.5.5.*Requirements in respect of devices with a measuring function for explosion protection*U.K.

In so far as they relate to equipment used in explosive atmospheres, devices with a measuring function must be designed and                     constructed so that they can cope with foreseeable operating requirements and special conditions of use.                  

##### 1.5.6.Where necessary, it must be possible to check the reading accuracy and serviceability of devices with a measuring function.U.K.

##### 1.5.7.The design of devices with a measuring function must incorporate a safety factor which ensures that the alarm threshold lies                        far enough outside the explosion and/or ignition limits of the atmospheres to be registered, taking into account, in particular,                        the operating conditions of the installation and possible aberrations in the measuring system.U.K.

##### 1.5.8.*Risks arising from software*U.K.

In the design of software-controlled equipment, protective systems and safety devices, special account must be taken of the                     risks arising from faults in the programme.                  

#### 1.6.*Integration of safety requirements relating to the system*U.K.

##### 1.6.1.Manual override must be possible in order to shut down the equipment and protective systems incorporated within automatic                        processes which deviate from the intended operating conditions, provided that this does not compromise safety.U.K.

##### 1.6.2.When the emergency shutdown system is actuated, accumulated energy must be dispersed as quickly and as safely as possible                        or isolated so that it no longer constitutes a hazard.U.K.

This does not apply to electrochemically-stored energy.

##### 1.6.3.*Hazards arising from power failure*U.K.

Where equipment and protective systems can give rise to a spread of additional risks in the event of a power failure, it must                     be possible to maintain them in a safe state of operation independently of the rest of the installation.                  

##### 1.6.4.*Hazards arising from connections*U.K.

Equipment and protective systems must be fitted with suitable cable and conduit entries.

When equipment and protective systems are intended for use in combination with other equipment and protective systems, the                     interface must be safe.                  

##### 1.6.5.*Placing of warning devices as parts of equipment*U.K.

Where equipment or protective systems are fitted with detection or alarm devices for monitoring the occurrence of explosive                     atmospheres, the necessary instructions must be provided to enable them to be provided at the appropriate places.                  

### 2.**Supplementary requirements in respect of equipment**U.K.

#### 2.0.*Requirements applicable to equipment in equipment-group I*U.K.

##### 2.0.1.*Requirements applicable to equipment category M 1 of equipment-group I*U.K.

###### 2.0.1.1.Equipment must be so designed and constructed that sources of ignition do not become active, even in the event of rare incidents                        relating to equipment.U.K.

Equipment must be equipped with means of protection such that:
          -  either, in the event of failure of one means of protection, at least an independent second means provides the requisite level                           of protection,                         
          -  or, the requisite level of protection is ensured in the event of two faults occurring independently of each other. 

Where necessary, equipment must be equipped with additional special means of protection.

It must remain functional with an explosive atmosphere present.

###### 2.0.1.2.Where necessary, equipment must be so constructed that no dust can penetrate it.U.K.

###### 2.0.1.3.The surface temperatures of equipment parts must be kept clearly below the ignition temperature of the foreseeable air/dust                        mixtures in order to prevent the ignition of suspended dust.U.K.

###### 2.0.1.4.Equipment must be so designed that the opening of equipment parts which may be sources of ignition is possible only under                        non-active or intrinsically safe conditions. Where it is not possible to render equipment non-active, the manufacturer must                        affix a warning label to the opening part of the equipment.U.K.

If necessary, equipment must be fitted with appropriate additional interlocking systems.

##### 2.0.2.*Requirements applicable to equipment category M 2 of equipment-group I*U.K.

###### 2.0.2.1.Equipment must be equipped with means of protection ensuring that sources of ignition do not become active during normal operation,                        even under more severe operating conditions, in particular those arising from rough handling and changing environmental conditions.U.K.

The equipment is intended to be de-energised in the event of an explosive atmosphere.

###### 2.0.2.2.Equipment must be so designed that the opening of equipment parts which may be sources of ignition is possible only under                        non-active conditions or via appropriate interlocking systems. Where it is not possible to render equipment non-active, the                        manufacturer must affix a warning label to the opening part of the equipment.U.K.

###### 2.0.2.3.The requirements regarding explosion hazards arising from dust applicable to equipment category M 1 must be applied.U.K.

#### 2.1.*Requirements applicable to equipment category 1 of equipment-group II*U.K.

##### 2.1.1.*Explosive atmospheres caused by gases, vapours or mists*U.K.

###### 2.1.1.1.Equipment must be so designed and constructed that sources of ignition do not become active, even in event of rare incidents                        relating to equipment.U.K.

It must be equipped with means of protection such that:
          -  either, in the event of failure of one means of protection, at least an independent second means provides the requisite level                           of protection,                         
          -  or, the requisite level of protection is ensured in the event of two faults occurring independently of each other. 

###### 2.1.1.2.For equipment with surfaces which may heat up, measures must be taken to ensure that the stated maximum surface temperatures                        are not exceeded even in the most unfavourable circumstances.U.K.

Temperature rises caused by heat build-ups and chemical reactions must also be taken into account.

###### 2.1.1.3.Equipment must be so designed that the opening of equipment parts which might be sources of ignition is possible only under                        non-active or intrinsically safe conditions. Where it is not possible to render equipment non-active, the manufacturer must                        affix a warning label to the opening part of the equipment.U.K.

If necessary, equipment must be fitted with appropriate additional interlocking systems.

##### 2.1.2.*Explosive atmospheres caused by air/dust mixtures*U.K.

###### 2.1.2.1.Equipment must be so designed and constructed that ignition of air/dust mixtures does not occur even in the event of rare                        incidents relating to equipment.U.K.

It must be equipped with means of protection such that
          -  either, in the event of failure of one means of protection, at least an independent second means provides the requisite level                           of protection,                         
          -  or, the requisite level of protection is ensured in the event of two faults occurring independently of each other. 

###### 2.1.2.2.Where necessary, equipment must be so designed that dust can enter or escape from the equipment only at specifically designated                        points.U.K.

This requirement must also be met by cable entries and connecting pieces.

###### 2.1.2.3.The surface temperatures of equipment parts must be kept well below the ignition temperature of the foreseeable air/dust mixtures                        in order to prevent the ignition of suspended dust.U.K.

###### 2.1.2.4.With regard to the safe opening of equipment parts, requirement 2.1.1.3 applies.U.K.

#### 2.2.*Requirements applicable to equipment category 2 of equipment-group II*U.K.

##### 2.2.1.*Explosive atmospheres caused by gases, vapours or mists*U.K.

###### 2.2.1.1.Equipment must be so designed and constructed as to prevent ignition sources arising, even in the event of frequently occurring                        disturbances or equipment operating faults, which normally have to be taken into account.U.K.

###### 2.2.1.2.Equipment parts must be so designed and constructed that their stated surface temperatures are not exceeded, even in the case                        of risks arising from abnormal situations anticipated by the manufacturer.U.K.

###### 2.2.1.3.Equipment must be so designed that the opening of equipment parts which might be sources of ignition is possible only under                        non-active conditions or via appropriate interlocking systems. Where it is not possible to render equipment non-active, the                        manufacturer must affix a warning label to the opening part of the equipment.U.K.

##### 2.2.2.*Explosive atmospheres caused by air/dust mixtures*U.K.

###### 2.2.2.1.Equipment must be designed and constructed so that ignition of air/dust mixtures is prevented, even in the event of frequently                        occurring disturbances or equipment operating faults which normally have to be taken into account.U.K.

###### 2.2.2.2.With regard to surface temperatures, requirement 2.1.2.3 applies.U.K.

###### 2.2.2.3.With regard to protection against dust, requirement 2.1.2.2 applies.U.K.

###### 2.2.2.4.With regard to the safe opening of equipment parts, requirement 2.2.1.3 applies.U.K.

#### 2.3.*Requirements applicable to equipment category 3 of equipment-group II*U.K.

##### 2.3.1.*Explosive atmospheres caused by gases, vapours or mists*U.K.

###### 2.3.1.1.Equipment must be so designed and constructed as to prevent foreseeable ignition sources which can occur during normal operation.U.K.

###### 2.3.1.2.Surface temperatures must not exceed the stated maximum surface temperatures under intended operating conditions. Higher temperatures                        in exceptional circumstances may be allowed only if the manufacturer adopts special additional protective measures.U.K.

##### 2.3.2.*Explosive atmospheres caused by air/dust mixtures*U.K.

###### 2.3.2.1.Equipment must be so designed and constructed that air/dust mixtures cannot be ignited by foreseeable ignition sources likely                        to exist during normal operation.U.K.

###### 2.3.2.2.With regard to surface temperatures, requirement 2.1.2.3 applies.U.K.

###### 2.3.2.3.Equipment, including cable entries and connecting pieces, must be so constructed that, taking into account the size of its                        particles, dust can neither develop explosive mixtures with air nor form dangerous accumulations inside the equipment.U.K.

### 3.**Supplementary requirements in respect of protective systems**U.K.

#### 3.0.*General requirements*U.K.

##### 3.0.1.Protective systems must be dimensioned in such a way as to reduce the effects of an explosion to a sufficient level of safety.U.K.

##### 3.0.2.Protective systems must be designed and capable of being positioned in such a way that explosions are prevented from spreading                        through dangerous chain reactions or flashover and incipient explosions do not become detonations.U.K.

##### 3.0.3.In the event of a power failure, protective systems must retain their capacity to function for a period sufficient to avoid                        a dangerous situation.U.K.

##### 3.0.4.Protective systems must not fail due to outside interference.U.K.

#### 3.1.*Planning and design*U.K.

##### 3.1.1.*Characteristics of materials*U.K.

With regard to the characteristics of materials, the maximum pressure and temperature to be taken into consideration at the                     planning stage are the expected pressure during an explosion occurring under extreme operating conditions and the anticipated                     heating effect of the flame.                  

##### 3.1.2.Protective systems designed to resist or contain explosions must be capable of withstanding the shock wave produced without                        losing system integrity.U.K.

##### 3.1.3.Accessories connected to protective systems must be capable of withstanding the expected maximum explosion pressure without                        losing their capacity to function.U.K.

##### 3.1.4.The reactions caused by pressure in peripheral equipment and connected pipe-work must be taken into consideration in the planning                        and design of protective systems.U.K.

##### 3.1.5.*Pressure-relief systems*U.K.

If it is likely that stresses on protective systems will exceed their structural strength, provision must be made in the design                     for suitable pressure-relief devices which do not endanger persons in the vicinity.                  

##### 3.1.6.*Explosion suppression systems*U.K.

Explosion suppression systems must be so planned and designed that they react to an incipient explosion at the earliest possible                     stage in the event of an incident and counteract it to best effect, with due regard to the maximum rate of pressure increase                     and the maximum explosion pressure.                  

##### 3.1.7.*Explosion decoupling systems*U.K.

Decoupling systems intended to disconnect specific equipment as swiftly as possible in the event of incipient explosions by                     means of appropriate devices must be planned and designed so as to remain proof against the transmission of internal ignition                     and to retain their mechanical strength under operating conditions.                  

##### 3.1.8.Protective systems must be capable of being integrated into a circuit with a suitable alarm threshold so that, if necessary,                        there is cessation of product feed and output and shutdown of equipment parts which can no longer function safely.U.K.

## ANNEX IIIU.K.

### MODULE B:EU-TYPE EXAMINATIONU.K.

#### 1.EU-type examination is the part of a conformity assessment procedure in which a notified body examines the technical design                        of a product and verifies and attests that the technical design of the product meets the requirements of this Directive that                        apply to it.U.K.

#### 2.EU-type examination shall be carried out with the examination of a specimen, representative of the production envisaged, of                        the complete product (production type).U.K.

#### 3.The manufacturer shall lodge an application for EU-type examination with a single notified body of his choice.U.K.

The application shall include:

the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and                              address as well,                           

a written declaration that the same application has not been lodged with any other notified body,

the technical documentation. The technical documentation shall make it possible to assess the product’s conformity with the                              applicable requirements of this Directive and shall include an adequate analysis and assessment of the risk(s). The technical                              documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture                              and operation of the product. The technical documentation shall contain at least the following elements:                           

a general description of the product,

conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.,

descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product,

a list of the harmonised standards applied in full or in part the references of which have been published in the *Official Journal of the European Union* and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential                                       health and safety requirements of this Directive, including a list of other relevant technical specifications applied. In                                       the event of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied,                                    

results of design calculations made, examinations carried out, etc., and

test reports,

the specimens representative of the production envisaged. The notified body may request further specimens if needed for carrying                              out the test programme.                           

#### 4.The notified body shall:U.K.

examine the technical documentation, verify that the specimen(s) have been manufactured in conformity with the technical documentation,                              and identify the elements which have been designed in accordance with the applicable provisions of the relevant harmonised                              standards, as well as the elements which have been designed in accordance with other relevant technical specifications;                           

carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen                              to apply the solutions in the relevant harmonised standards, these have been applied correctly;                           

carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant                              harmonised standards have not been applied, the solutions adopted by the manufacturer applying other relevant technical specifications                              meet the corresponding essential health and safety requirements of this Directive;                           

agree with the manufacturer on a location where the examinations and tests will be carried out.

#### 5.The notified body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and                        their outcomes. Without prejudice to its obligations vis-à-vis the notifying authorities, the notified body shall release                        the content of that report, in full or in part, only with the agreement of the manufacturer.U.K.

#### 6.Where the type meets the requirements of this Directive that apply to the product concerned, the notified body shall issue                        an EU-type examination certificate to the manufacturer. That certificate shall contain the name and address of the manufacturer,                        the conclusions of the examination, the conditions (if any) for its validity and the necessary data for identification of                        the approved type. The EU-type examination certificate may have one or more annexes attached.U.K.

The EU-type examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured                     products with the examined type to be evaluated and to allow for in-service control.                  

Where the type does not satisfy the applicable requirements of this Directive, the notified body shall refuse to issue an                     EU-type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal.                  

#### 7.The notified body shall keep itself apprised of any changes in the generally acknowledged state of the art which indicate                        that the approved type may no longer comply with the applicable requirements of this Directive, and shall determine whether                        such changes require further investigation. If so, the notified body shall inform the manufacturer accordingly.U.K.

The manufacturer shall inform the notified body that holds the technical documentation relating to the EU-type examination                     certificate of all modifications to the approved type that may affect the conformity of the product with the essential health                     and safety requirements of this Directive or the conditions for validity of that certificate. Such modifications shall require                     additional approval in the form of an addition to the original EU-type examination certificate.                  

#### 8.Each notified body shall inform its notifying authority concerning the EU-type examination certificates and/or any additions                        thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to its notifying authority                        the list of such certificates and/or any additions thereto refused, suspended or otherwise restricted.U.K.

Each notified body shall inform the other notified bodies concerning the EU-type examination certificates and/or any additions                     thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning such certificates                     and/or additions thereto which it has issued.                  

The Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EU-type examination                     certificates and/or additions thereto. On request, the Commission and the Member States may obtain a copy of the technical                     documentation and the results of the examinations carried out by the notified body. The notified body shall keep a copy of                     the EU-type examination certificate, its annexes and additions, as well as the technical file including the documentation                     submitted by the manufacturer, until the expiry of the validity of that certificate.                  

#### 9.The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical                        documentation at the disposal of the national authorities for 10 years after the product has been placed on the market.U.K.

#### 10.The manufacturer’s authorised representative may lodge the application referred to in point 3 and fulfil the obligations set                        out in points 7 and 9, provided that they are specified in the mandate.U.K.

## ANNEX IVU.K.MODULE D: CONFORMITY TO TYPE BASED ON QUALITY ASSURANCE OF THE PRODUCTION PROCESS

### 1.Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby                        the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility                        that the products concerned are in conformity with the type described in the EU-type examination certificate and satisfy the                        requirements of this Directive that apply to them.U.K.

### 2.**Manufacturing**U.K.

The manufacturer shall operate an approved quality system for production, final product inspection and testing of the products                     concerned as specified in point 3, and shall be subject to surveillance as specified in point 4.                  

### 3.**Quality system**U.K.

#### 3.1.The manufacturer shall lodge an application for assessment of his quality system with the notified body of his choice, for                        the products concerned.U.K.

The application shall include:

the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and                              address as well,                           

a written declaration that the same application has not been lodged with any other notified body,

all relevant information for the product category envisaged,

the documentation concerning the quality system,

the technical documentation of the approved type and a copy of the EU-type examination certificate.

#### 3.2.The quality system shall ensure that the products are in conformity with the type described in the EU-type examination certificate                        and comply with the requirements of this Directive that apply to them.U.K.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly                     manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent                     interpretation of the quality programmes, plans, manuals and records.                  

It shall, in particular, contain an adequate description of:

the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product                              quality,                           

the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will                              be used,                           

the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they                              will be carried out,                           

the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned,                              etc., and                           

the means of monitoring the achievement of the required product quality and the effective operation of the quality system.

#### 3.3.The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in point                        3.2.U.K.

It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the                     corresponding specifications of the relevant harmonised standard.                  

In addition to experience in quality management systems, the auditing team shall have at least one member with experience                     of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements                     of this Directive. The audit shall include an assessment visit to the manufacturer’s premises. The auditing team shall review                     the technical documentation referred to in point 3.1(e) to verify the manufacturer’s ability to identify the relevant requirements                     of this Directive and to carry out the necessary examinations with a view to ensuring compliance of the product with those                     requirements.                  

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned                     assessment decision.                  

#### 3.4.The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it                        so that it remains adequate and efficient.U.K.

#### 3.5.The manufacturer shall keep the notified body that has approved the quality system informed of any intended change to the                        quality system.U.K.

The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy                     the requirements referred to in point 3.2 or whether a reassessment is necessary.                  

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the                     reasoned assessment decision.                  

### 4.**Surveillance under the responsibility of the notified body**U.K.

#### 4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved                        quality system.U.K.

#### 4.2.The manufacturer shall, for assessment purposes, allow the notified body access to the manufacture, inspection, testing and                        storage sites and shall provide it with all necessary information, in particular:U.K.

the quality system documentation,

the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned,                              etc.                           

#### 4.3.The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system                        and shall provide the manufacturer with an audit report.U.K.

#### 4.4.In addition, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may, if                        necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly.                        The notified body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.U.K.

### 5.**CE marking, EU declaration of conformity and attestation of conformity**U.K.

#### 5.1.The manufacturer shall affix the CE marking and, under the responsibility of the notified body referred to in point 3.1, the                        latter’s identification number to each individual product other than a component that is in conformity with the type described                        in the EU-type examination certificate and satisfies the applicable requirements of this Directive.U.K.

#### 5.2.The manufacturer shall draw up a written EU declaration of conformity for each product model, other than a component and keep                        it at the disposal of the national authorities for 10 years after the product other than a component has been placed on the                        market. The EU declaration of conformity shall identify such product model for which it has been drawn up.U.K.

A copy of the EU declaration of conformity shall accompany every product, other than a component.

#### 5.3.The manufacturer shall draw up a written attestation of conformity for each component model and keep it at the disposal of                        the national authorities for 10 years after the component has been placed on the market. The attestation of conformity shall                        identify the component model for which it has been drawn up. A copy of the attestation of conformity shall accompany every                        component.U.K.

### 6.The manufacturer shall, for a period ending 10 years after the product has been placed on the market, keep at the disposal                        of the national authorities:U.K.

the documentation referred to in point 3.1,

the information relating to the change referred to in point 3.5, as approved,

the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.

### 7.Each notified body shall inform its notifying authority of quality system approvals issued or withdrawn, and shall, periodically                        or upon request, make available to its notifying authority the list of quality system approvals refused, suspended or otherwise                        restricted.U.K.

Each notified body shall inform the other notified bodies of quality system approvals which it has refused, suspended, withdrawn                     or otherwise restricted, and, upon request, of quality system approvals which it has issued.                  

### 8.**Authorised representative**U.K.

The manufacturer’s obligations set out in points 3.1, 3.5, 5 and 6 may be fulfilled by his authorised representative, on his                     behalf and under his responsibility, provided that they are specified in the mandate.                  

## ANNEX VU.K.

### MODULE F:CONFORMITY TO TYPE BASED ON PRODUCT VERIFICATIONU.K.

#### 1.Conformity to type based on product verification is the part of a conformity assessment procedure whereby the manufacturer                        fulfils the obligations laid down in points 2 and 5 and ensures and declares on his sole responsibility that the products                        concerned, which have been subject to the provisions of point 3, are in conformity with the type described in the EU-type                        examination certificate and satisfy the requirements of this Directive that apply to them.U.K.

#### 2.**Manufacturing**U.K.

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity                     of the manufactured products with the approved type described in the EU-type examination certificate and with the requirements                     of this Directive that apply to them.                  

#### 3.**Verification**U.K.

A notified body chosen by the manufacturer shall carry out appropriate examinations and tests in order to check the conformity                     of the products with the approved type described in the EU-type examination certificate and with the appropriate requirements                     of this Directive.                  

The examinations and tests to check the conformity of the products with the appropriate requirements shall be carried out                     by examination and testing of every product as specified in point 4.                  

#### 4.**Verification of conformity by examination and testing of every product**U.K.

##### 4.1.All products shall be individually examined and appropriate tests set out in the relevant harmonised standard(s) and/or equivalent                        tests set out in other relevant technical specifications, shall be carried out in order to verify conformity with the approved                        type described in the EU-type examination certificate and with the appropriate requirements of this Directive.U.K.

In the absence of such a harmonised standard, the notified body concerned shall decide on the appropriate tests to be carried                     out.                  

##### 4.2.The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out, and shall                        affix its identification number to each approved product or have it affixed under its responsibility.U.K.

The manufacturer shall keep the certificates of conformity available for inspection by the national authorities for 10 years                     after the product has been placed on the market.                  

#### 5.**CE marking, EU declaration of conformity and attestation of conformity**U.K.

##### 5.1.The manufacturer shall affix the CE marking and, under the responsibility of the notified body referred to in point 3, the                        latter’s identification number to each individual product other than a component that is in conformity with the approved type                        described in the EU-type examination certificate and satisfies the applicable requirements of this Directive.U.K.

##### 5.2.The manufacturer shall draw up a written EU declaration of conformity for each product model other than a component and keep                        it at the disposal of the national authorities, for 10 years after the product, other than a component, has been placed on                        the market. The EU declaration of conformity shall identify such product model for which it has been drawn up.U.K.

A copy of the EU declaration of conformity shall accompany every product other than a component.

If the notified body referred to in point 3 agrees and under its responsibility, the manufacturer may also affix the notified                     body’s identification number to the products other than components.                  

##### 5.3.The manufacturer shall draw up a written attestation of conformity for each component model and keep it at the disposal of                        the national authorities for 10 years after the component has been placed on the market. The attestation of conformity shall                        identify the component model for which it has been drawn up. A copy of the attestation of conformity shall accompany every                        component.U.K.

#### 6.If the notified body agrees and under its responsibility, the manufacturer may affix the notified body’s identification number                        to the products during the manufacturing process.U.K.

#### 7.**Authorised representative**U.K.

The manufacturer’s obligations may be fulfilled by his authorised representative, on his behalf and under his responsibility,                     provided that they are specified in the mandate. An authorised representative may not fulfil the manufacturer’s obligations                     set out in point 2.                  

## ANNEX VIU.K.

### MODULE C1:CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCT TESTINGU.K.

#### 1.Conformity to type based on internal production control plus supervised product testing is the part of a conformity assessment                        procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares on his                        sole responsibility that the products concerned are in conformity with the type described in the EU-type examination certificate                        and satisfy the requirements of this Directive that apply to them.U.K.

#### 2.**Manufacturing**U.K.

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity                     of the manufactured products with the type described in the EU-type examination certificate and with the requirements of this                     Directive that apply to them.                  

#### 3.**Product checks**U.K.

For each individual product manufactured one or more tests on one or more specific aspects of the product shall be carried                     out by the manufacturer or on his behalf, in order to verify conformity with the type described in the EU-type examination                     certificate and with the corresponding requirements of this Directive. The tests shall be carried out under the responsibility                     of a notified body, chosen by the manufacturer.                  

The manufacturer shall, under the responsibility of the notified body, affix the notified body’s identification number during                     the manufacturing process.                  

#### 4.**CE marking, EU declaration of conformity and attestation of conformity**U.K.

##### 4.1.The manufacturer shall affix the CE marking to each individual product other than a component that is in conformity with the                        type described in the EU-type examination certificate and satisfies the applicable requirements of this Directive.U.K.

##### 4.2.The manufacturer shall draw up a written EU declaration of conformity for a product model other than a component and keep                        it at the disposal of the national authorities for 10 years after the product, other than a component has been placed on the                        market. The EU declaration of conformity shall identify such product model for which it has been drawn up.U.K.

A copy of the EU declaration of conformity shall accompany every product, other than a component.

##### 4.3.The manufacturer shall draw up a written attestation of conformity for each component model and keep it at the disposal of                        the national authorities for 10 years after the component has been placed on the market. The attestation of conformity shall                        identify the component model for which it has been drawn up. A copy of the attestation of conformity shall accompany every                        component.U.K.

#### 5.**Authorised representative**U.K.

The manufacturer’s obligations set out in point 4 may be fulfilled by his authorised representative, on his behalf and under                     his responsibility, provided that they are specified in the mandate.                  

## ANNEX VIIU.K.

### MODULE E:CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCEU.K.

#### 1.Conformity to type based on product quality assurance is that part of a conformity assessment procedure whereby the manufacturer                        fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the products                        concerned are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of                        this Directive that apply to them.U.K.

#### 2.**Manufacturing**U.K.

The manufacturer shall operate an approved quality system for final product inspection and testing of the products concerned                     as specified in point 3 and shall be subject to surveillance as specified in point 4.                  

#### 3.**Quality system**U.K.

##### 3.1.The manufacturer shall lodge an application for assessment of his quality system with the notified body of his choice, for                        the products concerned.U.K.

The application shall include:

the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and                              address as well,                           

a written declaration that the same application has not been lodged with any other notified body,

all relevant information for the product category envisaged,

the documentation concerning the quality system, and

the technical documentation of the approved type and a copy of the EU-type examination certificate.

##### 3.2.The quality system shall ensure compliance of the products with the type described in the EU-type examination certificate                        and with the applicable requirements of this Directive.U.K.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly                     manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent                     interpretation of the quality programmes, plans, manuals and records.                  

It shall, in particular, contain an adequate description of:

the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product                              quality,                           

the examinations and tests that will be carried out after manufacture,

the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned,                              etc.,                           

the means of monitoring the effective operation of the quality system.

##### 3.3.The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in point                        3.2.U.K.

It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the                     corresponding specifications of the relevant harmonised standard.                  

In addition to experience in quality management systems, the auditing team shall have at least one member with experience                     of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements                     of this Directive. The audit shall include an assessment visit to the manufacturer’s premises. The auditing team shall review                     the technical documentation referred to in point 3.1(e) in order to verify the manufacturer’s ability to identify the relevant                     requirements of this Directive and to carry out the necessary examinations with a view to ensuring compliance of the product                     with those requirements.                  

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned                     assessment decision.                  

##### 3.4.The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it                        so that it remains adequate and efficient.U.K.

##### 3.5.The manufacturer shall keep the notified body that has approved the quality system informed of any intended change to the                        quality system.U.K.

The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy                     the requirements referred to in point 3.2 or whether a reassessment is necessary.                  

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the                     reasoned assessment decision.                  

#### 4.**Surveillance under the responsibility of the notified body**U.K.

##### 4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved                        quality system.U.K.

##### 4.2.The manufacturer shall, for assessment purposes, allow the notified body access to the manufacture, inspection, testing and                        storage sites and shall provide it with all necessary information, in particular:U.K.

the quality system documentation,

the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned,                              etc.                           

##### 4.3.The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system                        and shall provide the manufacturer with an audit report.U.K.

##### 4.4.In addition, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may, if                        necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly.                        The notified body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.U.K.

#### 5.**CE marking, EU declaration of conformity and attestation of conformity**U.K.

##### 5.1.The manufacturer shall affix the CE marking and, under the responsibility of the notified body referred to in point 3.1, the                        latter’s identification number to each individual product other than a component that is in conformity with the type described                        in the EU-type examination certificate and satisfies the applicable requirements of this Directive.U.K.

##### 5.2.The manufacturer shall draw up a written EU declaration of conformity for each product model, other than a component and keep                        it at the disposal of the national authorities for 10 years after the product other than a component has been placed on the                        market. The EU declaration of conformity shall identify such product model for which it has been drawn up.U.K.

A copy of the EU declaration of conformity shall accompany every product other than a component.

##### 5.3.The manufacturer shall draw up a written attestation of conformity for each component model and keep it at the disposal of                        the national authorities for 10 years after the component has been placed on the market. The attestation of conformity shall                        identify the component model for which it has been drawn up. A copy of the attestation of conformity shall accompany every                        component.U.K.

#### 6.The manufacturer shall, for a period ending 10 years after the product has been placed on the market, keep at the disposal                        of the national authorities:U.K.

the documentation referred to in point 3.1,

the information relating to the change referred to in point 3.5, as approved,

the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.

#### 7.Each notified body shall inform its notifying authority of quality system approvals issued or withdrawn, and shall, periodically                        or upon request, make available to its notifying authority the list of quality system approvals refused, suspended or otherwise                        restricted.U.K.

Each notified body shall inform the other notified bodies of quality system approvals which it has refused, suspended or withdrawn,                     and, upon request, of quality system approvals which it has issued.                  

#### 8.**Authorised representative**U.K.

The manufacturer’s obligations set out in points 3.1, 3.5, 5 and 6 may be fulfilled by his authorised representative, on his                     behalf and under his responsibility, provided that they are specified in the mandate.                  

## ANNEX VIIIU.K.

### MODULE A:INTERNAL PRODUCTION CONTROLU.K.

#### 1.Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down                        in points 2, 3 and 4, and ensures and declares on his sole responsibility that the products concerned satisfy the requirements                        of this Directive that apply to them.U.K.

#### 2.**Technical documentation**U.K.

The manufacturer shall establish the technical documentation. The documentation shall make it possible to assess the product’s                     conformity to the relevant requirements, and shall include an adequate analysis and assessment of the risk(s).                  

The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the                     design, manufacture and operation of the product. The technical documentation shall contain at least the following elements:                  

a general description of the product,

conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.

descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product,

a list of the harmonised standards applied in full or in part the references of which have been published in the *Official Journal of the European Union* and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential                              health and safety requirements of this Directive, including a list of other relevant technical specifications applied. In                              the event of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied,                           

results of design calculations made, examinations carried out, etc., and

test reports.

#### 3.**Manufacturing**U.K.

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure compliance                     of the manufactured products with the technical documentation referred to in point 2 and with the requirements of this Directive                     that apply to them.                  

#### 4.**CE marking, EU declaration of conformity and attestation of conformity**U.K.

##### 4.1.The manufacturer shall affix the CE marking to each individual product other than a component that satisfies the applicable                        requirements of this Directive.U.K.

##### 4.2.The manufacturer shall draw up a written EU declaration of conformity for a product model other than a component and keep                        it together with the technical documentation at the disposal of the national authorities for 10 years after the product, other                        than a component, has been placed on the market. The EU declaration of conformity shall identify such product model for which                        it has been drawn up.U.K.

A copy of the EU declaration of conformity shall accompany every product other than a component.

##### 4.3.The manufacturer shall draw up a written attestation of conformity for each component model and keep it together with the                        technical documentation at the disposal of the national authorities for 10 years after the component has been placed on the                        market. The attestation of conformity shall identify the component for which it has been drawn up. A copy of the attestation                        of conformity shall accompany every component.U.K.

#### 5.**Authorised representative**U.K.

The manufacturer’s obligations set out in point 4 may be fulfilled by his authorised representative, on his behalf and under                     his responsibility, provided that they are specified in the mandate.                  

## ANNEX IXU.K.

### MODULE G:CONFORMITY BASED ON UNIT VERIFICATIONU.K.

#### 1.Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations                        laid down in points 2, 3 and 5, and ensures and declares on his sole responsibility that the product concerned, which has                        been subject to the provisions of point 4, is in conformity with the requirements of this Directive that apply to it.U.K.

#### 2.**Technical documentation**U.K.

##### 2.1.The manufacturer shall establish the technical documentation and make it available to the notified body referred to in point                        4. The documentation shall make it possible to assess the product’s conformity with the relevant requirements, and shall include                        an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements                        and cover, as far as relevant for the assessment, the design, manufacture and operation of the product. The technical documentation                        shall contain at least the following elements:U.K.

a general description of the product,

conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.,

descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product,

a list of the harmonised standards applied in full or in part the references of which have been published in the *Official Journal of the European Union* and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential                              health and safety requirements of this Directive, including a list of other relevant technical specifications applied. In                              the event of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied,                           

results of design calculations made, examinations carried out, etc., and

test reports.

##### 2.2.The manufacturer shall keep the technical documentation at the disposal of the relevant national authorities for 10 years                        after the product has been placed on the market.U.K.

#### 3.**Manufacturing**U.K.

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity                     of the manufactured product with the applicable requirements of this Directive.                  

#### 4.**Verification**U.K.

A notified body chosen by the manufacturer shall carry out appropriate examinations and tests, set out in the relevant harmonised                     standards and/or equivalent tests set out in other relevant technical specifications, to check the conformity of the product                     with the applicable requirements of this Directive, or have them carried out. In the absence of such a harmonised standard                     the notified body concerned shall decide on the appropriate tests to be carried out.                  

The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out and shall affix                     its identification number to the approved product, or have it affixed under its responsibility.                  

The manufacturer shall keep the certificates of conformity at the disposal of the national authorities for 10 years after                     the product has been placed on the market.                  

#### 5.**CE marking, EU declaration of conformity and attestation of conformity**U.K.

##### 5.1.The manufacturer shall affix the CE marking and, under the responsibility of the notified body referred to in point 4, the                        latter’s identification number to each product other than a component that satisfies the applicable requirements of this Directive.U.K.

##### 5.2.The manufacturer shall draw up a written EU declaration of conformity and keep it at the disposal of the national authorities                        for 10 years after the product, other than a component has been placed on the market. The EU declaration of conformity shall                        identify such product for which it has been drawn up.U.K.

A copy of the EU declaration of conformity shall accompany every product, other than a component.

##### 5.3.The manufacturer shall draw up a written attestation of conformity and keep it at the disposal of the national authorities                        for 10 years after the component has been placed on the market. The attestation of conformity shall identify the component                        for which it has been drawn up. A copy of the attestation of conformity shall accompany every component.U.K.

#### 6.**Authorised representative**U.K.

The manufacturer’s obligations set out in points 2.2 and 5 may be fulfilled by his authorised representative, on his behalf                     and under his responsibility, provided that they are specified in the mandate.                  

## ANNEX XU.K.EU DECLARATION OF CONFORMITY (No XXXX)(10) 

### 1.Product model/product (product, type, batch or serial number):U.K.

### 2.Name and address of the manufacturer and, where applicable, his authorised representative:U.K.

### 3.This declaration of conformity is issued under the sole responsibility of the manufacturer.U.K.

### 4.Object of the declaration (identification of product allowing traceability; it may, where necessary for the identification                        of the product, include an image):U.K.

### 5.The object of the declaration described above is in conformity with the relevant Union harmonisation legislation:U.K.

### 6.References to the relevant harmonised standards used or references to the other technical specifications in relation to which                        conformity is declared:U.K.

### 7.Where applicable, the notified body ... (name, number) performed ... (description of intervention) and issued the certificate:U.K.

### 8.Additional information:U.K.

Signed for and on behalf of:

(place and date of issue):

(name, function) (signature):

## ANNEX XIU.K.

## PART AU.K.

### **Repealed Directive with list of the successive amendments thereto**

**(referred to in Article 43)**

## PART BU.K.

### **Time limits for transposition into national law and dates of application**

**(referred to in Article 43)**

## ANNEX XIIU.K.

### CORRELATION TABLE

U.K.

# STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011                           are discussed in meetings of committees, can the latter be considered as ‘comitology committees’ within the meaning of Annex                           I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees                           thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.                        

1

OJ C 181, 21.6.2012, p. 105.                           

2

Position of the European Parliament of 5 February 2014 (not yet published in the Official Journal) and decision of the Council                              of 20 February 2014.                           

3

OJ L 100, 19.4.1994, p. 1.                           

4

See Annex XI, Part A.

5

OJ L 218, 13.8.2008, p. 30.                           

6

OJ L 218, 13.8.2008, p. 82.                           

7

OJ L 316, 14.11.2012, p. 12.                           

8

OJ L 55, 28.2.2011, p. 13.                           

9

OJ L 399, 30.12.1989, p. 18.                           

10

It is optional for the manufacturer to assign a number to the declaration of conformity.