CELEX: 51991PC0516
Language: en
Date: 1991-12-13
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    C0M(91)516  final - SYN 375
                                    Brussels, 13 December 1991
                         Proposal for a
                       COUNCIL DIRECTIVE
               on the approximation of the laws
          of the Member States concerning equipment
           and proteotive systems intended for use
             in potentially explosive atmospheres
                 (presented by the Commission)
 ---pagebreak---                                    - 2 -
  I.    General
i. Aim of the proposal
   a.   Regulatory aspects
        This proposal for a directive is intended to replace Directives
        76/117/EEC and 79/196/EEC (surface equipment) and Ô2/130/EBC
        (mining equipment), together with their subsequent amendments
        84/47/EEC, 88/571/EEC, 90/487/EEC, 88/35/EEC and 91/269/EEC.
        There were, indeed, certain difficulties in Implementing those
        directives, which only incorporated an intermediate stage for the
        treatment of equipment that could be used in potentially explosive
        atmospheres:
        -  the harmonization introduced was only of the "optional" type,
           thus enabling the Member States to majTvha.in a legal system
           parallel to that introduced by the directives. This only
           ensured the free movement of equipment complying with it.
           Nevertheless, when directive 79/196/EEC was adopted the Council
           asked the Commission during a subsequent stage, to study the
           scope for achieving total harmonization and to sent it proposals
           with that in mind (cf. declaration set out in the minute,
           Document          4336/79          of          31 January 1979);
        -  the scope of the existing directives is restricted to electrical
           equipment and, in the case of surface equipment, is governed by
           the use of certain specific types of protection. This was
           correct practice in 1979 but it has been unable to take account
           of major technological change and recent discoveries regarding
           physical sources and phenomena relating to ignition. Certain
           risks had either not been encountered or were considered
           harmless and only emerged through experience or detailed
           research.
 ---pagebreak---                                 - 3
        the technical annex to the directives is a direct reference to
        the CENELBC standards, thus requiring the long, complicated
        procedure required by the Committee on Adaptation to Technical
        Progress. This means that several years often elapse between
        adaptation of the content of the standards by CENELBC and their
        harmonization via a Commission directive. Manufacturers
        therefore    only    benefit    from   free     movement    after
        disproportionately long delays.
        a particular problem arises from the separate treatment of
        surface and mining equipment in separate directives. It
        therefore becomes difficult to synchronize adaptation to
        technical progress procedures for the two groups of equipment,
        especially since the respective cxanmittees are completely
        different (ministries for industry as :regards surface equipment,
        closed committee within the Safety and Health Commission for the
        Mining and other Extractive Industries). It must also be
        pointed out that the CENELEC standards relating to mining
        equipment have undergone amendments of varying scope in the form
        of a technical annex to Directive 83/130/EEC. The specific
        features of the two groups of often very similar or identical
        forms of equipment could no longer, however, Justify their being
        dealt with in two separate categories? of directive and can be
        subjected to the basic requirements and the typical conformity
        certification procedures by means of equipment categories within
        that single directive.
        Directive 89/392/EBC on machinery1 has covered machinery that
        can be used in potentially explosive atmospheres or which
        themselves can create such an atmosphere (Annex 1, Item 1.5.7 -
        explosion hazards). The intention of this directive as regards
         those same machines is to fine-tune the essential requirements
        applying to such hazards. Prom this standpoint it will thus
        constitute a separate directive deriving from Article 1(4) of
         the machinery directive.
1 OJ m NO L 183, 29.6.1990.
 ---pagebreak---                                _4 -
   -  The aim of the Directive is twofold: (a) the removal of
      barriers to trade of which the optional directives were an
      initial stage and (b) the setting of a hj^h uniform level of
      protection. That aim would only be imperfectly achieved if one
      restricted oneself to a sLmple removal of existing barriers to
      trade without taking account of the means of avoiding the
      raising of any such barriers. Following a slow pace of
      technological change during the 1970s the procedure for the
      provision of information set out in Directive 83/189/EEC has
      enabled us to note an increase in the number of notifications of
      a technical nature governing either aspects of or complete
      sectors within the ATEX field. We can quote technical
      regulations in the oil, painting and printing equipment
      industries, measures applying to electrostatic discharges,
      certain     measuring   instruments,   etc. The    existence    of
      regulations of this type in not all of the Member States can in
      the long term only impede the free movement of ATEX equipment.
b. Technical aspects
      The rapid changes in the situation as regards explosion hazards
      has prompted research into the other possible sources of
      ignition. For the moment it has thus been possible to pinpoint
       13 of these, of which only half have been electrical in nature:
      Of those mainly of the electrical type we can quote electric
       sparks, arcs and flash currents, electrostatic charges,
       electromagnetic waves, and ionizing radiation. Those of a
      mainly non-electric type under consideration are hot surfaces,
       flames and hot gases, mechanically generated sparks, optical
       radiation, ultrasound, chemical flame initiation and adiabatic
       cxampression.
       A taking account solely of electrical hazards would thus appear
       to be a minimalist approach that is inadequate in aiming at
 ---pagebreak---                          - 5 -
the high level of protection which Article 100(3) requires from
the Commission in preparing its proposals. Moreover, the
interlinking of scientific disciplines and the superposing of
the technologies applied make the distinction between electric
flrr>H non-electric equipment highly troublesome and, ultimately,
arbitrary.
Apart from the inclusion of non-electrical equipment the
proposal harmonizes the systems intended to arrest a nascent
explosion or else to limit its consequences to an acceptable
minimum. It is accepted that, despite the upgrading of
equipment, it is impossible totally to exclude any possibility
of explosion. Downstream measures need, to be taken in order to
achieve total safety. Likewise devices located outside
potentially explosive atmospheres, the performance of which,
however, has a direct impact on the safety of equipment within
such atmospheres, are covered.
Annex I to the directive defines five categories of equipment
 (three for surface equipment and two for mining equipment) which
take practical form in the essential requirements listed in the
Annex II applying to them. The categories correspond in
structural terms to a hierarchy of protection against explosions
and are thus also linked to appropriate means of certification
 of conformity.
The directive also covers equipment designed for environments
 containing mixtures of Inflammable dusts. The very usef of
 equipment of this type causes national             discrepancies
 (determination of zones), which is in contrast to use in
 potentially explosive gases, and on which a consensus seems to
 be forming within the circles involved. Design requirements
will have a positive impact on the aspects linked with the use
 and installation of such equipment - an area to be governed in
 future by Article 118A directives.
 ---pagebreak---                                     - 6 -
2. Economic and SQC&alJlJgrpaat.
A. Economic impact
    ATEX equipment holds considerable économie appeal. It is widely used in
    key sectors of industry: the extraction of solid, liquid and gaseous
    fuels (coal, oil and natural gas), the chemical and metal-working
    industries, the treatment of inflammable organic products (and more
    especially foods), wood and plastic-treatment facilities, printing
    works, eto. Each year roughly 2 500 certificates of conformity are
    issued following tests by the bodies officially appointed for electrical
    equipment. This raises purchase prices - a trend which will continue
    into the future, more particularly since the individual requirements
    will in certain cases require further tests. Moreover, the
    non-repetition of tests of this type on the Community market will reduce
    manufacturers' expenses and, indirectly, those of users, to an
    acceptable level. Although difficult to quantify this is important for
    safety and economic reasons in removing barriers to trade and finding a
    suitable equilibrium. This is why the directive aims to create or
    maintain a high level of safety within reasonable cost limits. As they
    are a considerable asset in rationalizing and improving productivity the
    harmonized standards drawn up by CEN and CENELEC will make a major
    contribution to the success of this proposal, which implements the New
    Approach principle. In parallel to this the directive will be the
    driving force behind speeding up the standardization activities.
 B. fiodai aspects
    This proposal will not alter established structures. However,- an
     overall spread of safety which avoids grey areas between differing
     regulations cannot be underestimated with regard to the users of such
     equipment. It should be noted against the same backdrop that this
     "design" directive will be supplemented by a sister directive dealing
    with the use of ATEX equipment, the latter having ;its legal basis in
     Article 118 A.
 ---pagebreak---                                     - 7 -
C. Consultation of interested parties
    Government and private experts helped to prepare this directive, the
    latter coming in particular from CRGALIME (the liaison organization for
    the European metal industries), CEFIC (European Council for the Chemical
    Industry Federations), the FIMTM (Federation of Engineering and Metal
    Processing Industries), the European Standardization bodies GEN and
    CENELEC. The European Union of alcohol, brandy and spirit producers^and
    EOEOPLANT have pledged their support for .the Commission in .writing.
    It has been put to and discussed within the Consultative Committee on
    Safety, Hygiene and the Protection of Health at the Workplace and the
    Safety and Health Commission for the Mining and other Extractive
    Industries.
    Two observers from the EFTA secretariat have also been present during
    the discussions.
  n.      Tte projxml forftdlrfXTtlvft
This is a "New Approach" directive which ijmplements the guidelines set out
in the Council Resolution of 7 May 1985. It is based on Article 10QA of
the Treaty of Rome.
 1. Scope
    The Directive is broad in scope, covering both the electrical and.non
    electrical fields, protective systems and such devices not in
    potentially explosive atmospheres but having repercussions on equipment
    working in such atmospheres. It covers an enoraious section of industry
    as explained in Chapter 1 and as governed by the Council Resolution of
     7 May 1985.
 2. Components.
     The problem of the treatment of components has been acknowledged by the
     Commission. A definition is given in Article 1 and identifies (a) the
     absence of stand-alone operation and (b) any essential contribution to
     equipment safety.
 ---pagebreak---                                     - 8
   The procedures applying to changes in conformity will be governed by
   those for the category for which the œmplete item of equipment is
   intended. Manufacturers will certify cxanpliance with the abovementioned
   procedures in a statement without, however, affixing the EC mark to the
   component
3. Safety and health requirements
A. Annex 1 - Criteria determining the assignment of groups of devices to
   conformity categories.
   Annex 1 to the directive is divided into two groups of device: group 1
   governing mining equipment and group 2 surface equipment. Each group is
    further subdivided into conformity categories i.e. 1, 2 and 3 in the
    case of surface equipment, (M)l and (M)2 for mining. This list is based
    on a hierarchy of protective measures applying to that equipment. Thus
    category 1 covers equipment providing a high level of protection and
    thus able to operate where there is a high probability of potentially
    explosive atmospheres.
    In decreasing order categories 2 and 3 will be intended for environments
    in which potentially explosive atmospheres are less probable. The
    philosophy for group 1 is similar. The idea of probability is of
    crucial importance in the area covered. Users are required to pinpoint
    in their facilities areas within which inflammable gases or dusts are
    likely to be released or present with various degrees of probability.
    The parameters taken into account are contained in either national
    regulations or international standards. Harmonization can only be
   ^contemplated via an Article 118A directive and is not dealt with in this
    proposal. However, the requirement categories set out therein aim, in
    structural and design terms, at an identical intrinsic level-of
    equipment    protection. The    combination   of    equipment   designed
    specifically in line with certain conformity categories and , its
    installation/use in line with manufacturers' instructions
 ---pagebreak---                                        9 -
   must provide a maximum level of safety.
   In an industrial environment the measures intended to protect against
   explosions caused by inflammable dusts have been placed in an
   appropriate category depending upon the potential hazard.
   Thifi does not mean identical design for equipment intended for use in
   dusty atmospheres or gaseous environments. The basic requirements set
   out in Annex II are entirely specifio and relate to the abovementioned
   intended use. In this case assignment to one and the same category
   derives first and foremost from identical conformity certification
   procedures. It is thus suggested that the equipment should be placed in
   Category 1 or 3.
B. Annex II - TVi^-lp safety• rfypilT™imt«
   Annex II sets out the basio general and specific requirements to be met
   by items of equipment in the light of the abovementioned classification.
   The two annexes thus constitute an inseparable whole. The risks
    involved are in principle in direct relation with the explosion of the
   potentially explosive atmosphere. The essential requirements of
   machinery directive 89/392/EEC shall also apply to other risks due, for
    example, to the use of a machine in potentially explosive atmospheres.
4. Conformity assessment procedures
    The procedures described in detail in the following article take the*
    form of a hierarchy relating to the levels of risk for which equipment
    is Intended. As a general rule the choice is left to manufacturers as
    to whether or not to apply quality assurance systems.
 ---pagebreak---                                  - 10 -
The procedures can be summarized as follows:
A.   Equipment. 1nf>^y11ng W^^-PA rvneaaaTy. rtpwinfla not in potentially
      explosive atmospheresfortrHnftflfl to ATl1rimf?Pt ^ P ^ ^ t^T^-tO, and
      Integrated protection systems
      1. Groups I and II, conformity category (M)l and 1
         either EEC type examination (module B) +
         - production quality assurance (mod. D )
           or
         - on-produot check (mod. F)
         or complete quality assurance (mod. H)
      2. Groups I and II, conformity category (M)2 and 2
         EC type approval (mod. B) +
         - conformity with type (mod. C)
           or
         - product quality assurance (mod. E)
      3. Group II, conformity category 3
         only applying to surface industries:
         - internal manufacturing inspection (mod. A )
B.    Autonomously functioning proteotive systems
      EC type examination (mod. B) +
      - conformity to type (mod. C)
        or
      - product quality assurance (mod. E)
 In all cases manufacturers have the option of resorting to the EC unit
 verification procedure (mod. G ) .
 ---pagebreak---                                      - 11 -
5. Means of conformity
   The proposal takes account of the most recent situation as regards the
   use of the EC mark. -However, in order to avoid any confusion and to
   draw user attention to the particular characteristics of the equipment,
   provision is made for the addition of further markings. This will
   include, in particular, a specific explosion prevention sign, the
   equipment-group symbol (I - mining, II - surface industries), the
   conformity category M(l), M(2), 1, 2 or 3, the .nature of the potentially
   explosive mixture (G: gas, D: dusts), and all restrictions on the use or
   conditions applying to safe use.
6. P^p^l nf redoing fllxflflUvftf*
   This proposal for a directive completely replaces the harmonization
   introduced by Directives 76/117/EBC, 79/196/EEC, 90/487/EEC and
   82/130/EBC and their successive amendments, which will therefore be
   repealed. Nevertheless, the present system has in the past guaranteed a
   high level of protection which should therefore not be impaired. The
   achievements applying to electrical equipment will therefore in essence
   be retained subject, naturally, to an examination of the scope for
   improvement. The high level already existing will, moreover, be
   extended to cover equipment not currently dealt with by Community law.
7. PmdHne for entry into force
   The intention is to implement the directive in two stages:
    - optional ijmplementation: 1 July 1993
    - total implementation:      1.1.2003
The optional period is justified for the setting up of any specific test
and certification structures and to avoid massive demand and thus excessive
time lags.
Indeed, although few changes to test facilities seem necessary in the
electrical field the same does not apply to the non-electrical field where
a great deal of work is required, in particular on the preparation of
harmonized standards.
 ---pagebreak---                                            -    12 -
                                   COUNCIL       DIRECTIVE
                        on  the a p p r o x i m a t i o n of   the   laws
           of     the Member       States      concerning        equipment        and
                   protective       systems        Intended      for  use    In
                        potentially      explosive          atmospheres
THE COUNCIL          OF THE    EUROPEAN        COMMUNITIES
Having       regard        to    the    Treaty           establishing        the      European
Economic       Community,        and   In p a r t i c u l a r  Article     100A     thereof;
Having     regard        to the proposal           from    the   Commission-, 1
In c o o p e r a t i o n with    the European            Parliament;2
Having      regard        to   the   opinion          of    the   Economic        and   Social
Comm11 tee ; 3
Whereas       It    is the duty of Member                States   to p r o t e c t , on   their
territory,           the    safety     and       health       of   persons        and,    where
appropriate,              domestic       animals           and     property          and,    In
particular,           that   of   workers,        especially       against       the   hazards
resulting         from     the   use   of     equipment         and   systems       providing
protection         against      potentially          explosive      atmospheres;
1      OJ EC (               ).
2      0J EC (               ).
3      0J EC (               ).
 ---pagebreak---                                              -   13    -
Whereas      mandatory             provisions            within           the      Member         States
determine      the      level      of   safety       to     be    achieved         by     protective
equipment       and       systems         Intended           for       use      in      potentially
explosive          atmospheres;             whereas             these          are          generally
electrical        and        non-electrical               specifications                 having          an
effect    on   the     design       and    structure          of     equipment         that      can     be
used   in p o t e n t i a l l y   explosive         atmospheres;
Whereas     the    requirements            to   be    met      by    such    equipment            differ
from   one   Member        State      to   another         In    respect       of    their        extent
and      differing              inspection             procedures;             whereas              these
differences        are     therefore         likely       to     raise      barriers         to     trade
within    the    Community;
Whereas       the       regulations             Intended             to     remove          technical
barriers      to    trade        are   required          to     follow       the    new       approach
provided       for       In     the    Council          Resolution            of     7 May         1985,4
which    requires          a    definition         of     the      essential          requirements
 regarding     safety         and    other      r e q u I r e m e n t s • of   society          without
 reducing    existing,           justified        levels        of    protection          within        the
Member     States;         whereas       that     resolution            provides        that      a    very
 large   number      of    products        be   covered         by    a single        d i r e c t i v e -In'**
order    to   avoid       frequent        amendments           and     the    proliferation              of
 d irectIves;
Whereas     the    existing          directives          on    the     approximation              of    the
 laws   of   the    Member        States       relating          to    electrical            equipment
 for   use     In     potentially            explosive             atmospheres            have        made >
 positive            steps              towards                 protection                   against
       0J   EC   No C       136, 4.6.1985,            p.    1.
 ---pagebreak---                                                      14 -
explosions             via    measures         linked       with      the      structure      of     the
equipment           at   Issue and w h i c h           have    helped        to   remove    barriers
to t r a d e       In t h i s a r e a .     Whereas,        In p a r a l l e l , a r e v i s i o n   and
expansion            of    the    existing          directives           Is     necessary       since,
more        particularly            In   an     overall         context,          action     must      be
taken        to     guard     against        the      potential         hazards       arising       from
such       equipment.           This      Implies         in    particular          that     measures
Intended            to    guarantee         effective           protection          of    users      and
third p a r t i e s must           already        be c o n t e m p l a t e d   at  the d e s i g n   and
manufacturing              stages;
Whereas            the     form      taken        by     the     hazard,          the     protective
m e a s u r e s and      the test m e t h o d s are o f t e n very s i m i l a r ,              if not
 I d e n t i c a l , for b o t h m i n i n g and s u r f a c e e q u i p m e n t ; w h e r e a s       it
 Is     therefore           an    absolute           necessity          to     cover      protective
equipment            and s y s t e m s  f a l l i n g w i t h i n both g r o u p s by a s i n g l e
directive;
Whereas           the    two    groups       of     equipment         referred        to   above     are
used        in a      large n u m b e r    of     commercial         and      industrial      sectors
and p o s s e s s c o n s i d e r a b l e      economic        significance;
Whereas             compliance          with        the    -basic          safety       and     health
 requirements             is e s s e n t i a l    in o r d e r    to e n s u r e     the   safety      of
 protective equipment                  and s y s t e m s ; w h e r e a s      those    requirements
 have          been        subdivided              into        general           and      additional
 requirements             which      must      be    met   by    protective          equipment        and
 systems;           whereas      in    particular           the    additional           requirements
 are        intended         to    take       account        of      existing         or    potential
 hazards;            whereas        protective           equipment            and     systems       will
 therefore            embody     at     least       one    of    those        requirements         where
 ---pagebreak---                                               - 15 -
this   is    necessary           for     their      proper      functioning         or      Is   to
apply   to their           intended      use; whereas          the n o t i o n   of    intended
use   is   of     prime        Importance          for    the    explosion-proofing              of
protective        equipment          and     systems;       whereas       It    is   essential
that     manufacturers                supply         full        Information;            whereas
specific,       clear       marking       of     said    equipment,       stating        Its    use
In a p o t e n t i a l l y   explosive         atmosphere,        Is a l s o   necessary;
Whereas     the     present        Intention         is to     prepare      a directive          on
operations          in     potentially            explosive       atmospheres          that      is
based    on     Article        118A;      whereas         that    additional         directive
will,    In    particular,           aim      at   explosion        hazards      that      derive
from a g i v e n use a n d / o r         t y p e s and m e t h o d s of     Installation;
Whereas       judgment           will        have       to    be     exercised           in     the
 Implementation             of    those        requirements          in    order       to      take
account       of       the      technology           available        at      the     time       of
manufacture ;
Whereas      this       directive         therefore         only     sets     out    essential
requirements;           whereas        in o r d e r    to e a s e   the    task    of     proving
compliance           with        the       essential          requirements            standards
harmonized        at     European       level      are    necessary,       more     especially
with    regard         to     the    non-electrical            aspects        of    protection
against       explosions          -    standards           relating       to     the      design,
manufacture         and      testing      of     equipment,       compliance       with      which
enables      a    product         to    be     presumed       to   meet      said     essential
 requirements; whereas                standards        harmonized       at E u r o p e a n    level
 ---pagebreak---                                            -    16 -
are    drawn      up    by     private        bodies         and      must     retain       their
non-mandatory           status;        whereas,           for        this      purpose,        the
European       Committee           for     Standardization                 (CEN)      and      the
European      Committee        for   EIectrotechnica I Standardization                         are
recognized        as   being     the    bodies        that     are     competent       to   adopt
harmonized       standards        that     follow       the     general       guldelInes       for-
cooperation         between        the    Commission            and      those     two     bodies
signed     on     13 November        1984;       whereas,          for     the   purposes        of
this     directive,          a     harmonized           standard           Is   a     technical
specification          (European       Standard         or    harmonization           document)
adopted     by    one   or   other     of    those      b o d i e s , or    by  both,     at   the
prompting         of     the     Commission             in     pursuance          of     Council
Directive         83/189/EEC         of      28 March         1983       providing        for     a
procedure         governing          the       provision             of     Information          on
                                                                5
technical        standards        and     regulations,               as    last    amended       by
                                  6
Directive        88/182/EEC            and       In    pursuance           of    the     general
guidelines        referred      to   above;
Whereas,      in view      of    the    nature       of   the      risks     Involved      in  the
use   of   equipment        in p o t e n t i a l l y   explosive         atmospheres        it   Is
necessary       to establish         procedures          applying         to the     assessment
of   compliance       with     the basic         requirements           of   the   directives;
whereas     these      procedures        must     be devised           In the    light     of  the
 level   of    danger      which     may      be     Inherent         In   equipment       and/or
 against        which        systems          must         protect           the      Immediate
environment;          whereas       therefore          each      category       of    equipment
 conformity       must    be    supplemented           by   an     adequate      procedure       or
 a  choice     between      several       equivalent           procedures;         whereas      the
 procedures        adopted       are     fully       as     required        by    the     Council
 decision      of     13 December         19907       concerning           the    modules       for
 the   various       phases     of    the    conform Ity           assessment        procedures
 which   are     Intended      to be used          in the       technical       harmonization
 d I rect I ves ;
 5      0J  No L 109, 2 6 . 4 . 1 9 8 3 , p. 8.
 6      0J   No L 8 1 , 2 6 . 3 . 1 9 8 8 , p. 7 5 .
 7      0J   No L 7, 3 8 0 , 3 1 . 1 2 . 1 9 9 0 , p. 13.
 ---pagebreak---                                          -  17 -
Whereas   the    Council       has   provided       for   the    affixing        of   the    EC
mark   either       by     the     manufacturer          or    by    his        authorized
representative        within     the Commun Ity o r ,         fallIng      that,       by   the
person  responsible          for   placing      that    product     on   the      community
market;   whereas        that     mark    means      that    ttie   product' c o m p l i e s
with  all    the     basic      requirements         and    assessment          procedures
provided    for    by   the Community         law applying         to that        product;
Whereas     it     is     appropriate         that      the     Member       States,         as
provided     for      by    Article        100a     of    the     Treaty,         may     take
temporary     measures        to   limit    or    prohibit       the   placing        on    the
market   and     the    use    of   equipment        and   protective          systems       in
cases  where      they    present      a particular         risk    to   the     safety      of
persons      and,       where       appropriate,           domestic         animals          or
property,      provided         that     the     measures        are    subject          to   a
Community     control      procedure;
Whereas   the    recipients        of   any   decision       taken    as part        of   this
directive     must     be   aware    of    the    reasons     behind     that       decision
and  the m e a n s  of    appeal     open    to    them;
Whereas,      on      18     December      1975,       the     Council         adopted        a
 framework     directive         on    electrical         equipment         for      use     in
potentially        explosive         atmospheres          (76/117/EEC)8             as    last
                                                9
amended    by    Directive        90/47/EEC         and,    on    15 F e b r u a r y   1982   a
 8    0J   No L 2 4 , 3 1 . 1 . 1 9 7 6 , p. 4 5 .
 9    0J   No L 2 7 0 , 2 . 1 0 . 1 9 9 0 , p. 2 3 .
 ---pagebreak---                                               -   18 -
directive             concerning         electrical         equipment         for     use    in
potentially              explosive      atmospheres         in   mines     susceptible       to
                                          1
fire        damp        (82/130/EEC) °          as     last     amended       by    Directive
91/269/EEC;11               whereas,     from    the   outset     of   the    harmonization
activities,               the    conversion        of    the    optional        and    partial
h a r m o n i z a t i o n on which      these     directives       are   based     Into   total
harmonization               had   been   contemplated;         whereas      this     directive
fully       covers        the scope of       the above m e n t i o n e d    directives      and
whereas         therefore         these   directives       must    be   repealed;
Whereas           the     measures      Intended       gradually       to     introduce     the
 internal           market       must   be    adopted       before      31  December      1992;
whereas           the      internal     market      incorporates         an    area    without
 internal          frontiers        within   which      the   free    movement      of  goods,
persons,           services       and  capital      Is   assured;
Whereas            it     is    necessary       to    provide       for    a     transitional
arrangement               enabling     equipment        manufactured          In   compliance
with        the       national       regulations         in    force     at    the    date   of
adoption            of     this    directive       to   be   marketed        and    placed    In
 service         is    necessary,
 HAS A D O P T E D       THIS    DIRECTIVE:
 10        OJ    No L 5 9 , 2 . 3 . 1 9 8 2 , p. 1 0 .
 11        OJ    No L 134,         29.5.1991.
 ---pagebreak---                                           19 -
                                     Chapter I
S c o p e , p l a c i n g on the m a r k e t     and   f r e e d o m of    movement
                                      Art Icle 1
  This        Directive          applies      to   equipment           and    protective
  systems            Intended       for    use     in    potentially           explosive
  atmospheres.
  Safety           dev I ces , • c o n t r o I I Ing     devices-        and     regulating
  devices              for      use     outside        potentially             explosive
  atmospheres             but    required      or   contributing           to   the   safe
   functioning               of   equipment         and       protective          systems
   located           Inside     potentially       explosive           atmospheres      are
   covered         by the s c o p e of t h i s     Directive.
   For       the       purposes      of    this      Directive          the    following
   d e f i n i t i o n s shall     apply:
   Equipment            and    protective      systems        intended       for   use  in
   potentially            explosive      atmospheres
   a) "Equipment" means m a c h i n e s , apparatus                      and all     other
         fixed        or    mobile     devices,       Including         the   cable    and
         conduit              entries,          control             components         and
          Instrumentation               thereof,         which          separately      or
         Jointly,          permanently       or   occasionally            are   used   for
         the       generation,         transfer,        distribution,            storage,
         measurement,            control     and    conversion          of   energy    and
         for        the     processing       of    material          and    capable     of
         causing         an   explosion.
 ---pagebreak---                                                 - 20 -
         b) The          term       "protective           systems"        applies          to     design
               units           which       are       Intended           to      halt         Incipient
               explosions            immediately          and/or       to  limit        the    effected*
               r a n g e of e x p l o s i o n    f l a m e s and e x p l o s i o n      pressures       to
               a sufficient             level of s a f e t y . P r o t e c t i v e s y s t e m s       can
               be     integrated          into e q u i p m e n t     or   separately          marketed •
               for      t r a d e use as a u t o n o m o u s       systems.
         c) "Components"                means     any       item    being      essential          to   the
               safe       functioning        of e q u i p m e n t     and p r o t e c t i v e   systems
               but      not     having     an a u t o n o m o u s    function.
Explosive           atmospheres
Mixture         of    a Ir and       flammable        gases, vapours,               hazes     or    dusts
in     such        proportions            under       atmospheric            conditions,             that,
after          ignition            has     occurred,            a    reaction           involving         a
temperature                   and       pressure              increase           can          propagate
i n d e p e n d e n t l y and can c a u s e a           hazard.
Potentially             explosive         atmosphere
An    atmosphere             which     could    become         explosive        due     to   local     and <•
operational              conditions.
E q u i p m e n t - g r o u p s and C o n f o r m i t y      categories
Equipment-group                    I    applies           to      equipment            for      use      in
underground              p a r t s of m i n e s as well           as those p a r t s of          surface
 installations               of    such    mines       likely       to   become        endangered        by
firedamp          and/or          combustible          dust.
Equipment-group                   II   applies       to     equipment         for      use     in    other
places         likely        to b e c o m e e n d a n g e r e d   by e x p l o s i v e   atmospheres.
 ---pagebreak---                                                    21 -
Conformity          categories           are d e f i n e d    in A n n e x    I with    regard      to
the   level       of p r o t e c t i o n  required          for     equipment.
Equipment           and    protective           systems        may     be     designed        for --as*
particular            explosive          atmosphere.           In    this      case      they     are
marked       accordingly.
Intended         use
T h e u s e of e q u i p m e n t      and p r o t e c t i v e  systems        according      to    the
equipment-group             and      the    conformity          category       as    well    as    all
the     information          necessary           to    the     safety       of    the    equipment
supplied         by the     manufacturer.
4.      The       following          are     excluded         from     the      scope     of     this
        Directive:
        med i caI           dev i ces         I ntended          for        use       In    med i caI
        envIronment ,
        equipment           and      protective          systems         in    so    far    as     the
         explosion          hazard         is    exclusively           resulting         from      the
         p r e s e n c e of e x p l o s i v e   or c h e m i c a l   instable        substances,
         seagoing         vessels         and     mobile       offshore         units      together
         with       equipment          and    protective           systems       on   board      such
         v e s s e I s or un Its .
         means        of   transport,           I.e.     vehicles        and     their     trailers
         Intended         solely        for    transporting          passengers         by    air    or
         on     road,     rail      or    water      networks,        as     well    as   means      of
         transport           Insofar         as     such      means        are     designed         for
         transporting             goods       by    air,      on     public        road    or     rail
         networks         or     on     water.      Vehicles         used       In   the     mineral
         extraction          industry        shall     not be       excluded.
 ---pagebreak---                                         - 22 -
                                      Art Icle 2
Member          States       shall       take      all     necessary          measures        to
ensure           that       the     equipment           and      protective           systems
covered          by    this    Directive          may    be   placed      on    the    market
and put          Into s e r v i c e o n l y      If they do not           Jeopardize        the
health         and     safety       of    persons        and,     where       appropriate,
domestic           animals       or    property,         when     properly         Installed
and m a i n t a i n e d      and u s e d     for    its    intended       purpose.
This       Directive          shall      not      affect      the   authority         of    the
Member          States       to    lay      down,      with     due     regard       for    the
provisions              of    the      Treaty,         requirements            which      they
consider           necessary        for    the p r o t e c t i o n of p e r s o n s    and    in
particular             of    employees          using      the    révélant         equipment
and      protective           systems,         provided       this     does     not    result
 in     changes         to    equipment          and     protective          systems      with
respect          to the p r o v i s i o n s of       this     Directive.
At     trade       fairs, e x h i b i t i o n s , d e m o n s t r a t i o n s , etc    Member
States         shall       not    prevent        the    showing      of     equipment       and
protective              systems        which        does      not      conform        to     the
 provisions            of    this     Directive,         provided        that     a visible-•<*-
 sign         clearly          indicates           that       such       equipment           and
 protective            systems       do     not    conform       and    that      It   is    not
 for     sale       until      It   has     been    brought        into     conformity         by
 the       manufacturer              or      his     authorized            representative
 established              in    the    Community.           During       demonstrations,
 adequate           safety      measures         shall     be    taken      to   ensure      the
 p r o t e c t i o n of     persons.
                                       Art le le 3
 Equipment           and p r o t e c t i v e   systems       referred        to   In A r t i c l e
 1       must         meet        the       essential          health          and      safety
 requirements              set    out     In A n n e x    II w h i c h    shall     apply      to
 them, account              being     t a k e n of    their      Intended       use.
 ---pagebreak---                                        - 23 -
                                    Article       4
Member      States        shall       not   prohibit,          restrict        or      Impede
the    placing       on    the m a r k e t    and      the p u t t i n g    Into    service
In their       territory           of   equipment         and   protective          systems
which     comply with            the p r o v i s i o n s of t h i s      Directive.
Member      States         shall      not   prohibit,          restrict        or      Impede
the      placing          on       the    market         of     components             which,
accompanied          by     a declaration           as    referred        to  in    Article
8   ( 4 ) , are      Intended         to  be     incorporated            into    equipment
or     protective            systems       within          the    meaning         of       this
D I rect i v e .
                                     Art Icle 5
Member        States           shall      presume          compliance          with         the
essential        health        and s a f e t y    requirements           referred        to  in
Article       3     for      equipment        and        protective          systems        for
 use    In p o t e n t i a l l y   explosive        atmospheres          If t h o s e    items
 compI y w i t h
 (a)       the     relevant           national         standards         applicable          to:
           them     implementing           the     harmonized         standards          whose
           reference           numbers       have       been      published           In    the
           Official           Journal        of       the     European         Community.
           Member        States        shall      publish        the      references         of
           national              standards             transposing             harmonized
           standards .
 (b)       or   the r e l e v a n t     national        standards        referred        to   In
           paragraph             2    where       there        are       no    harmonized
           standards          dealing with          the a r e a s c o v e r e d    by     those
           standards.
 ---pagebreak---                                        - 24 -
Member         States     shall      communicate            to     the    Commission         the
texts         of     their      national         standards             referred         to     In
paragraph           1(b) which,         in their        v i e w , meet       the    essential
requirements            under    Article        3.
 In    accordance          with     the      procedure           set     out      In   Article
6(2),         the     Commission          shall        Indicate           to    the     Member
States         which     of   the    said      standards           can    be    presumed        to
conform          with    the    essential          safety         requirements          within
the m e a n i n g     of A r t i c l e    3.
                                    Art Icle 6
Where        a Member        State      or    the    Commission            considers        that
 the h a r m o n i z e d    standards        referred          to    in A r t i c l e  5(1)     do
 not     entirely         satisfy        the    essential            health       and    safety
 requirements            under      Article         3,     the      Commission         or     the
 Member        State     shall     submit        the      matter        to    the     Standing
 Committee,           hereinafter          called        "the      Committee",          set     up
 under           Directive         83/189/EEC,                giving          the      reasons
 therefore.            The     Committee          shall          deliver         an    opinion
 w i thout        de I ay .
  In the        light of      the C o m m i t t e e ' s    opinion,         the    Commission
 shall         Inform     the    Member        states        whether         or    not    It    is
 necessary           to   withdraw         the    standards            In    question        from
 the      list of p u b l i c a t i o n s     referred         to    in A r t i c l e 5 ( 1 ) .
 After         receipt       of    the      communication               referred         to     In
 Article            5(2),      the       Commission              shall        consult         the
 C o m m i t t e e . On the b a s i s of         the C o m m i t t e e ' s     opinion,       the
 Commission            shall      inform        the     Member         States        within      a
 specified           period       whether         or      not       conformity         can      be
 ---pagebreak---                                       -  25
   presumed        in    the    case     of      the    national         standards          in
   question      and whether         - should        this be       the case      - a     list
   of   the   sources       from    which     such     standards         are    available
   should     be    published       at   national         level.       The     Commission
   shall    also     publish      them     in    the Official          Journal       of    the
   European       Communities.
                                    Art Icle       7
1. Where     a    Member       State     ascertains           that      equipment          and
   protective          systems       to   which        the      CE-conformIty            mark
   has    been     affixed       correctly           installed,        maintained          and
   used       In     accordance          with         their        intended          purpose
    Jeopardize           the       safety        of      persons,            and        where
    appropriate,          domestic      animals         or     property,          It    shall
    take     all       appropriate           measures           to     withdraw          such
    equipment       and   protective        systems         from     the market        or    to
    prohibit      or    restrict       its    placing       on     the   market       or   the
    putting      Into    service.
    The     Member         State       shall          Immediately            Inform        the
    Commission        of   any   such    measure,         indicating          the    reasons
    for    its     decision        and,      in      particular,          whether         non-
    conformity        Is due     to:
    (a)      non-compliance            with       the    essential          requirements
             referred       to    In A r t i c l e   3, where        the   equipment         or
             the     protective        system        does    not     comply       with      the
             standards       referred       to     In A r t i c l e 5 ( 1 ) ;
    (b)      Incorrect        application           of   the      standards        referred
             to    in Art le le 5(1 ) ;
     (c)     shortcomings           in    the       standards         referred         to    in
             Article       5(1)    themselves.
 ---pagebreak---                               - 26 ..
    These   measures   are   applicable    until   the    entry   Into
    force of the act provided for In paragraph 2.
2.  The measures      adopted    under    paragraph     1 shall     be
    confirmed and extended, possibly amended, to the whole
    Community or repealed by an act of the Commission.
    However,    where    the    measures     were    adopted     under
    paragraph 1 on the ground of a shortcoming                 In the
    standards provided for In Article 5, the procedure laid
    down in Article 6(2) is applicable.
3.   If a non-conforming Item of equipment or protective
    system bears the CE-conformIty mark, the competent
    Member State shall take appropriate measures against
    whomsoever has affixed the mark and shall Inform the
    Commission and the other Member States thereof.
4.  The Commission shall ensure that the Member States are
     Informed   of   the application       and    results    of   this
    procedure.
                            Chapter   I I
               Conformity assessment      procedures
                             Art icle 8
 1.  The  conformity     assessment     procedures     of    equipment
     considering, where necessary, those devices thereof
     referred to In Article 1(2)
 ---pagebreak---                              _  27 _
as well as integrated protective systems, shall be:
(a)     Equipment group       I and   II, conformity category         (M)
         1 and 1
    The   manufacturer      or    his   authorised      representative-
    established     In the Community must,         In order    to affix
    the CE mark, at his own choice:
     I)      follow    the   procedure       relating     to   EC    type
             examination     (set    out   in  Annex     III), coupled
             withthe     procedure       relating      to    production
             quality assurance        (set out    in Annex    IV)
    or
             the procedure relating to product            verification
             (set out    In Annex V)
     II)     follow   the procedure       relating    to full   quality
             assurance     Including      design   examination       (set
             out  In Annex IX).
 (b)     Equipment     group    I   and   II,   conformity     category
         (M)2 and 2
     The   manufacturer     or    his    authorized     representative
     established     in the Community must,         in order   to affix
     the   CE-mark,     follow    the   procedure     relating     to  EC
     type    examination     (set    out   in  Annex     III),   coupled
     wi th:
     -the   procedure     relating     to conformity      to  type   (set
     out   In Annex VI)
     or
     the procedure      relating     to product    quality    assurance
     (set out    In Annex VII)
 ---pagebreak---                                             - 28 -
   (c)         Equipment       group        11, c o n f o r m i t y   category        3
               The m a n u f a c t u r e r    or his authorized              representative
               established           in     the     Community        must,        in   order      to
               affix       the C E - m a r k ,     follow     the p r o c e d u r e      relating
               to      Internal       control          of   production           (set     out     In
               Annex       VIM).
   (d)         EC uni t ver IfI cat ion
               The m a n u f a c t u r e r    or his authorized              representative
               established           in      the     Community        can,       In    order      to
               affix       the C E - m a r k ,     follow     the p r o c e d u r e      relating
               to EC unit         verification            (set out       In Annex X ) .
2. The p r o v i s i o n s of 1(b) or 1(d) above shall                           be used         for
   c o n f o r m i t y assessment           relating        to a u t o n o m o u s   protective
   systems.
3. The      procedures          referred            to    in   paragraph           1   shall      be
   applied           In    respect        of     components          as    referred          to   in
   Article          4 ( 2 ) with     the e x c e p t i o n    of    the a f f i x i n g     of   the
   CE-conformIty             mark.
   A    declaration           shall        be    issued      by     the   manufacturer            or
   his        authorized            representative               established              In     the
   Community             attesting         the     conformity         of    the      components
   with       the      provisions          of    this     Directive         which       apply     to
   them       and       stating       their       characteristics              and     how      they
   must        be       Incorporated             into     equipment          or      protective
   system            to     assist          compliance           with       the        essential
   requirements             applicable          to finished          appliances.
4. Documents            and c o r r e s p o n d e n c e relating        to the       procedures
   under        the      abovementioned             paragraphs         shall       be    prepared
    in one        of     the official            languages        of   the     Member        States
    in    which         those    procedures            are    being      applied         or    In  a
    language accepted               by the notified               body.
 ---pagebreak---                                             - 29 -
   Where       the e q u i p m e n t     and     protective        systems       are     subject
   to other         Community         Directives concerning other                      aspects,
   the C E - c o n f o r m l t y     mark       referred       to   in A r t i c l e  10   shall
   indicate            In      these         cases        that     the      equipment         and
   protective            systems         also       fulfil       the     provisions        which
   apply       to them of the other                   Directives.
                                          ArtIcle 9
1. Member         States      shall       notify       the other        Member      States    and
   the      Commission           of    the     bodies      which      they   have      approved
    for     performance            of     the     tasks       in   connection         with    the
   procedures            under      Article         8 and      the    specific       tasks    for
   which        the     b o d i e s have been a p p r o v e d .          In this      Directive
    these b o d i e s are r e f e r r e d            to as " n o t i f i e d  bodies".
    The      Commission           shall        publish       a   list     of    the     notified
    bodies          In      the      Official           Journal         of    the      European
    Communities            comprising           the     Identification          number      which
    has     been      allocated           to     them     as   well      as  the     tasks    for
    which        they     have     been       approved.The          Commission         shall.be
    responsible            for u p d a t i n g     that     list.
2.  Member        States       shall       apply      the m i n i m u m   criteria       set  out
     in Annex        XII     for the d e s i g n a t i o n of b o d i e s . B o d i e s      that
    satisfy         the     criteria          fixed     by    the    relevant        harmonized
    standards           shall       be     presumed         to    satisfy       the     relevant
    m i n imum cr I ter i a.
3.  A Member         S t a t e w h i c h has a p p r o v e d      a body shall          withdraw
    such       approval         where        the     body     no    longer      fulfills       the
    c r i t e r i a under p a r a g r a p h        2.    It shall       Immediately        Inform
    the other Member                S t a t e s and the C o m m i s s i o n      thereof.
 ---pagebreak---                                          - 30 -
   The    notified              body      and    the       manufacturer           or     his
   authorised             representative            established            within        the
   Community        shall         agree    on  the     procedures         and   the     time
   limit       for        the       execution        and        completion        of     the
   evaluation          and      verification       operations          referred       to   in
   the A n n e x e s .
                                      Chapter    1 I I
                                   Conformity     marks
                                       Art icle 10
1. The    CE-conformity                mark    as     well        as   the     additional
   specific       marking          as shown     In Annex          XI shall    be   affixed
    to the e q u i p m e n t         and   the p r o t e c t i v e  system    and    as   far
    as  feasible          and      appropriate      on     the     sales   packaging        as
   well     as      on      the       Instruction        leaflet        in   a    visible,
    legible and          Indelible        form.
    The   CE-conformIty                mark   must       be      accompanied       by     the
    Identification             number      of the n o t i f i e d     body   responsible
    for  I m p l e m e n t a t i o n of the p r o c e d u r e s set out        In A n n e x e s
    IV, V, V I , V I I , IX, X as well                as the two         last d i g i t s of
    the year       In which         the mark was         affixed.
2.  It    is       prohibited            to    affix         any      other      mark       or
    inscriptions             which       may    be     confused         with      the     CE-
    conformlty         mark or         the additional           specific    marking       set
    out  In Annex          XI.
 ---pagebreak---                                            - 31 -
                                        Art Icle 11
If any Member         or   notified       body      finds        that    the     CE-conformIty
mark    has      been        improperly           affixed,             the      equipment        or
protective      system        concerned        shall       be p r o h i b i t e d  or shall      no
longer   be   marketed.
                                        Chapter         IV
                                   F InaI provI s Ions
                                        ArtIcle         12
Any    decision          taken      pursuant            to       this      Directive          which
restricts     or     prohibits       the p l a c i n g       on    the m a r k e t   and/or     the
putting     into s e r v i c e    or    Imposes        the     retreat       from    the    market
of an e q u i p m e n t   or a p r o t e c t i v e    system       shall      state    the    exact
grounds     on     which       It   is    based.         Such       a   decision        shall     be
notified     forthwith         to the party            concerned,          w h o shall      at  the
 same time be        Informed of         the    legal       rented I es ava I I ab le to him
under   the    laws      In force      In the Member              State c o n c e r n e d   and of
 the time    limits to w h i c h         such     r e m e d i e s are     subject.
                                         Art icle       13
 Member   States        shall    ensure      that      all      the p a r t i e s   involved      In
 the   application           of    the     Directive             are     bound      to     observe
 confidentiality           in   respect      of     all      the      information         obtained
 in  carrying         out     their      tasks.         This       does      not    affect      the
 obligations       of    the M e m b e r   States        and of        the n o t i f i e d   bodies
 regarding       mutual         information            and        the     dissemination           of
 warn i ngs.
 ---pagebreak---                                - 32 -
                            Art Icle 14
1.   Directive 76/117/EEC*1> and Directive 79/196/EEC<2>,
     as last amended by Directive 90/487/EEC (3) as well as
     Directive 82/130/EEC<4> as last amended by Directive
     91/269/EEC<5) shall be repealed as from (1 July 1996).
2.   However,     EEC-certificates     of    conformity     to the
     harmonized standards obtained in accordance with the
     procedures as laid down in the DI rect I ves referred to
     In the preceding paragraph shall be valid until 31
     December 2002. Their validity shall be limited to only
     those harmonized      standards     indicated    in the said
     D I rectIves.
3.   Member States shall take the necessary action to ensure
     that the notified bodies which are responsible pursuant
     to Article 8(1) to (4) for the assessment of the
     conformity of electrical equipment already placed on
     the market prior to the coming Into force of this
     Directive shall take account of the results of tests
     and    verifications     already   carried    out   under the
     Directives referred to In paragraph 1.
                             ArtIcle 15
1.   Before [31 December 1992], Member States shall adopt
     and publish the laws, regulations and administrative
     provisions necessary in order to comply with this
     Directive. They shall forthwith inform the Commission
      thereof .
 (1) OJ  No  L  24, 31.1.1976
 (2) OJ  No  L  43, 20.2.1979
 (3) OJ  No  L  270, 2.10.1990
 (4) OJ  No  L  59, 2.3.1982
 (5) OJ  NO  L  134, 29.5.1991
 ---pagebreak---                                   - 33 -
     When Member States adopt these m e a s u r e s , they shall
     contain a reference to this Directive or shall be
     accompanied by such reference on the occasion of their
     official publication. The methods of making such a
     reference shall be laid down by the Member S t a t e s .
     They shall apply these provisions with effect from [1
     July 1993.]
2.   However» Member States shall allow for the period until
     [31 December 2 0 0 2 ] , the placing on the market and the
     putting        Into service     of   equipment    and  protective
     systems In conformity with the national regulations In
     force In their territory at the date of adoption of
      this dlrectlve.
                                Art Icle 16
This Directive        Is addressed to the Member    States.
Done at B r u s s e l s ,                             For the CounciI
                                      The President
 ---pagebreak---                                      - 34 -
                                    ANNEX I
CRITERIA    DETERMINING THE CLASSIFICATION OF EQUIPMENT-GROUPS
INTO CONFORMITY     CATEGORIES
1•   Equipment-group I
a)   Conformity      category      (M) 1 comprises         equipment     designed
     and,     where      necessary,         additionally        equipped       with
     special     protective       features      to   be   capable    of    keeping
     within      its     operational         parameters       stated      by     the
     manufacturer        and   provide       a   high    level   of   protection
     for   Its    Intended     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       of    this     category       Is   required      to    remain
      functional       for     safety       reasons      with     an   explosive
     atmosphere       present       and,     by   virtue     of    this,     it   Is
     characterized          by      Integrated        explosion       protection
     measures      functioning         Independently       of   each    other     in
      such a way that
          In the event of failure of one               integrated measure at
          least    a second      means     of   protection      provides     for   a
         sufficient       level of safety or
          In the    event    of    two   faults occurring          Independently
         of    each     other     a    sufficient       level    of   safety      is
         assured.
      Equipment     relating      to    this   conformity      category     comply
     with     the   supplementary          requirements       referred       to   In
     Annex    II 2.0.1.
 ---pagebreak---                                  -So-
fa) Conformity     category    (M) 2 comprises equipment             designed
    to    be   capable     of    keeping     within      its    operational
    parameters     stated   by   the manufacturer        and   based     on  an
    Increased     level   of protection       for   Its   Intended     use   In
    underground      parts  of   mines   as well      as   those    parts    of
    surface     installations     of   such    mines    likely     to   become
    endangered by firedamp and/or             combustible dust.
    The protection       measures    relating     to equipment        of   this
    category     provide     for   a   sufficient       level     of    safety
    during    trouble-free operation         also   In the case of more
    severe operating       conditions     In particular       arising      from
    rough handling and changing environmental conditions.
    Equipment     relating    to   this  conformity       category      comply
    with     the  supplementary       requirements        referred      to   in
    Annex    II 2.0.2.
2.  Equipment-group       I I
a)  Conformity      category    1 comprises      equipment      designed     to
    be capable of keeping within           its operational        parameters
     stated by the manufacturer and based on a high                   level of
     protection     for   Its   Intended    use   considering        areas    In
    which explosive atmospheres caused by gases, vapours or
     hazes, suspended dust are          highly    likely to occur.
     Equipment      of    this    category       Is    characterized         by
     integrated      explosion    protection      measures       functioning
     Independently of each other          In such a way that
         In the event of failure of one integrated measure at
         least   a second     means   of   protection      provides      for   a
        sufficient      level of safety or
 ---pagebreak---                           - 36 -
       In the event of two faults occuring independently of
       each other a sufficient level of safety Is assured.
   Equipment relating to this conformity category     comply
   with the supplementary requirements referred       to In
   Annex 112.1.
b) Conformity category 2      comprises equipment designed
   to be capable of keeping within          its operational
   parameters stated by the manufacturer and based on an
   increased level of protection for its Intended use
   considering areas in which explosive atmosphere caused
   by gases, vapours or hazes are likely to occur.
   The protection measures relating to equipment of this
   category function in such a way to provide for a
   sufficient    level of safety also in the event of
   operating     malfunctions    or   dangerous    operating
   conditions which normally have to be taken            Into
   account.
   Equipment relating to this confomity category      comply
   with the supplementary requirements referred        to in
   Annex II 2.2.
c) conformity category 3     comprises equipment designed to
   be capable of keeping within Its operating parameters
   stated by the manufacturer and based on a normal level
   of protection for Its intended use considering areas In
   which explosive atmospheres caused by gases, vapours or
    hazes as well as by raising of deposited dust are not
    I Ike ly to occur.
 ---pagebreak---                       - 37 -
The design of the equipment of this category provides a
sufficient    level  of   safety  during   trouble-free
operatIon.
Equipment relating to this conformity category comply
with the supplementary requirements referred to In
Annex II 2.3.
 ---pagebreak---                                                  - 38 -
                                               ANNEX    I I
Essential         health        and     safety       requirements          relating        to   the
design     and     construction             of equipment         and p r o t e c t i v e   systems
intended       for use         In potentially explosive                atmospheres.
PRELIMINARY           OBSERVATIONS
A.     State        of      the    art      refers       to   the    technical           knowledge
       commonly            available          up    to    that    point        In    time     being
       c o n s i d e r e d , having been proved                In p r a c t i c e .
       The     technical          k n o w l e d g e which     can change         very     rapidly,
       must       be     taken     Into       account      as   far   as    possible        and   be
       utilized           Immediately.
B.     For     devices         referred          to  In article      1 (2) the           essential
       requirements               shall        only     apply     Insofar         as     they    are
       necessary            for     the      safe     functioning        and       operation      of
       these d e v i c e s .
1.           Common          requirements            for    equipment         and      protective
             systems
 1.0. General           requirements
 1.0.1       P r i n c i p l e s of explosion safety                integration
             Equipment           and p r o t e c t i v e systems      Intended         for use    In
             potentially            explosive          atmospheres        must      be    designed
              from the point of explosion safety                           integration.
              In      this       connection,           the     manufacturer           must      take
             measures:
 ---pagebreak---                                         - 39 -
           above         all,      If   it      Is    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
           considering electrical                     and n o n - e l e c t r i c a l   sources
            In any c a s e ;
           where        an    explosion          is    however      likely          to    occur,
           w h i c h may d i r e c t l y or          Indirectly e n d a n g e r         persons
            and/or           the      surrounding              area,        to        halt     It
            Immediately           and/or       to    limit     the e f f e c t e d     range of
            explosion           flames       and      explosion         pressures           to   a
            sufficient           level of        safety.
1.0.2 Equipment            and   protective          systems       should        be    designed
      and      manufactured             after        due     analysis          of      possible
      errors          in     order      to      preclude        dangerous             Incidents
      relating             to     equipment           and      systems          as      far    as
      p o s s I b ie.
      T h e . foreseeable              misuse         which       can      reasonably           be
      a n t i c i p a t e d must      be   considered.
1.0.3 Special         testing and m a i n t e n a n c e          conditions
      Equipment            and   protective           systems      subject         to    special
      testing          and m a i n t e n a n c e    conditions        must       be    designed
      and c o n s t r u c t e d with such c o n d i t i o n s            in m i n d .
1.0.4 Surrounding             area    conditions
      Equipment            and p r o t e c t i v e s y s t e m s must      be so       designed
      and      constructed            as     to     be   capable        of      coping       with
      foreseeable surrounding                      area    conditions.
 ---pagebreak---                                         - 40 -
1.0.5 Additional         specific          markings
      All     equipment         and     protective          systems        and   their     main
      components           and       Instrumentation               must     be    fully      and
      clearly         marked        for      the      purpose        of     Identification
      referred         to    in Annex          XI,     In c a s e s    where     this     seems 1
      to be n e c e s s a r y       for the v a l u a t i o n of safety              aspects.
1.0.6 Operating          Instructions
      Operating            instructions                for       the      equipment          and
      protective          s y s t e m s which        contain all          the    Information
      necessary          to    the     safety        must     be    drawn     up   In one     of
       the     languages        of     the country           In which        the    equipment
      and      protective          systems         are    to    be   used      and   supplied
      with        the   equipment            and      the    protective          systems      so
       that        it   is     possible           to    decide        beyond      any     doubt
      whether          an       item       of       equipment           In     a    specified
       conformity          category           or     a   protective         system      can    be
       used safely           In the       Intended        area under         the    operating
       conditions          to     be    expected.          Such      Information         should
       I n c l u d e , for e x a m p l e , data relating                 to:
             the e q u i p m e n t - g r o u p    and    the c o n f o r m i t y   category
             putting        into       service,          maintenance,            Inspection,
             serviceability                  checks,         repairs,            permissible
             normal     work and          adjustment
             electrical         p a r a m e t e r s , p r e s s u r e or other        relevant
             limit va lues ;
             the highest           surface         temperatures;
             where       necessary,              special         conditions          of     use,
             including          indications             to    possible        misuse       which
             experience          has shown might              occur.
 ---pagebreak---                                               - 41 -
1.1. C h a r a c t e r i s t i c s of     materials
1.1.1      The       materials           used      for       the    construction            of       the
           equipment            and     protective           systems      must     comply         with
           the       requirements            to    prevent         the   occurrence            of     an
           explosion            due     regard     being        paid    to   the    operational**
           foreseeable              stresses.
           As     far as         It   Is f o r e s e e a b l e   by   the m a n u f a c t u r e r ,   It
           must      not be p o s s i b l e       for any r e a c t i o n s to take              place
           between           the      construction             materials       used        and       the
           flammable             materials         which        could      Impair        explosion
           protect Ion.
1.1.2      When       selecting           suitable         combinations        of      materials,
           due       account          must     be     taken,        for    example,          of      the
           materials'               corrosion          behavior,          wear       resistance,
           electrostatic               conductivity,             impact     strength,          ageing
            resistance             and     the    effects          of   variations            In     the
            temperature.
1.2. Design and             construction
 1.2.1      State       of     the     art    In respect          of   technical         explosion
            protect ion.
            Equipment            and     protective           systems      must     be     designed
            and m a n u f a c t u r e d     with due regard             to the state of              the
            art      In respect          of    technical         explosion      protection             so
            that       they       can    be    safely        operated       throughout           their
            foreseeable              lifetime.
 1.2.2      Components               to     be      Inserted           into     or        used         as
            replacements               in    equipment           and    protective           systems
            must        be     so     designed          and      manufactured          that         they
 ---pagebreak---                                         - 42 -
      function            safely       for    their       Intended          purpose        with
      regard           to     explosion          protection             when     they       are
      installed             In    accordance         with        the      manufacturer's
      Instruct Ions.
1.2.3 E n c l o s e d equipment          systems
      In     the      design       and    construction           of     equipment         which
      may      release        flammable        materials          provision         is to be
      made       where       appropriate         for    structures          which       are   as
      enclosed            as   possible        in order        to     prevent      or     limit
      the formation of e x p l o s i v e              atmospheres.
1.2.4 P r e v e n t i o n of      leaks
      The e s c a p e of flammable m a t e r i a l s                from a p e r t u r e s  and
       leaks        in enclosed         equipment       must       be p r e v e n t e d   where
      appropriate             so    as   to e n s u r e   that       escaping        mixtures
      cannot             give        rise        to      potentially               explosive
      a t m o s p h e r e s or dust d e p o s i t i o n s as the result of air
      a c c e s s o u t s i d e the       equipment.
      The       equipment          must     also    be    sealed         In  a    manner      as
       leaktlght           as p o s s i b l e   In a c c o r d a n c e   with    the      state
      of     the      art    at    points      where     the     flammable         materials
      are      Introduced or drawn                off.
1.2.5  P r e v e n t i o n of dust        deposition
      Equipment            and    protect Ive s y s t e m s        which     are      intended
       to     be      used      In   areas      exposed        to      dust   must       be   so
       designed            that      as      little      dust         as    possible         can
       precipitate               on     to      their       surfaces          to        prevent
       IgnItIons.
       They must           be easily        cleanable.
 ---pagebreak---                                           - 43 -
1.2.6 Appropriate           protective            appliances
      Equipment          and     protective          systems       which    are      assumed,
      for      example,           to     be     exposed        to    major       mechanical
      hazards           or     vibrations              In    normal      use        must     be
      equipped, .            where            necessary*           with        appropriate**
      protective           a p p l i a n c e s . The     equipment      must       withstand
      relevant            stresses,             without        adversely           affecting
      explosion           protection.
1.2.7 Safe o p e n I n g
       If equipment            and p r o t e c t i v e systems are           in a housing
      or    a    locked       container,            it must     be    possible        to   open
      such       housing         or      container         only     with 'tools         or   by
      m e a n s of a p p r o p r i a t e p r o t e c t i o n    measures.
1.2.8 P r o t e c t i o n against other               hazards
       Equipment          and      protective           systems      must     be     designed
       and m a n u f a c t u r e d     so as to prevent             danger of        physical
      or       other        forms          of      Injury      which      might         occur,
       particularly            the h a z a r d s arising          from   electrocution.
      Where,         for    equipment           and     protective      systems,         these
       risks       referred          to     In   this     paragraph      are      wholly     or
       partly        covered        by     other      Community       Directives,          this
       Directive          shall       not      apply     or   shall    cease       to   apply,
       In the case of such equipment                         and p r o t e c t i v e   systems
       and     of    such     risks on           the    entry     into  force        of  these
       specific          Directives.
 ---pagebreak---                                             - 44 -
1.3. Potential         ignition       sources
1.3.1   H a z a r d s arising         from different            Ignition     sources
        Potential             Ignition       sources      such     as   sparks,       flames,
        electric            arcs,      high        surface      temperatures,           noise--
        generated            energy,        radiation        In    the   optical        field,
        electromagnetic                waves        and   other      relevant       ignition
        s o u r c e s should not             occur.
1.3.2   Electrostatic              hazards
         Electrostatic               charges           capable       of    resulting            In
         dangerous           discharges           must   be   prevented      by    means        of
         appropriate measures.
1.3.3    Hazards          arising        from       electric       stray-     and      leakage
         currents
         Electric           stray-      and      leakage     currents      In   c o n d u c t i v e *'
         equipment            parts     which       could    result      for   example           in
         the       occurrence           of       igniting       sparks     or     dangerous
         c o r r o s i o n must      be    prevented.
 1.3.4   H a z a r d s arising         from      overheating
         Overheating               caused           by     friction         and        Impacts-
         occurring,            for   example,         between      materials     and      parts
         in      contact         with        each      other      while     rotating,           by
         intrusion            of   foreign         bodies    and    simlliar      phenomena
         must be p r e v e n t e d already at the design stage as far
         as p o s s i b l e .
 1.3.5   H a z a r d s arising         from c o m p r e s s i o n   operations
         C o m p r e s s i o n o p e r a t i o n s must    process      In such a way at
 ---pagebreak---                                               - 45 -
           the        design          stage        respectively             with      Integrated
          measurement              and     control         devices        that    they    do    not
           give        rise       to     any      shock        waves       and     compressions
           c a p a b l e of causing            ignition.
1.4. H a z a r d s arising          from external            effects
1.4.1      Equipment           and p r o t e c t i v e s y s t e m s must       be so   designed
           and      constructed           as also         to be c a p a b l e    of   performing
           their         intended         function          In   changing         environmental
           conditions,              under         the       influence          of     extraneous
           voltages,             in     the    presence         of    excessive        humidity,
           v i b r a t i o n s , c o n t a m i n a t i o n and other          external    effects
           within            the        operational             conditions           stated       by
           manufacturers.
1.4.2      Components                and        instrumentation               used     must       be
           appropriate              to    the     Intended       mechanical         and   thermal
            stresses          and     capable       of w i t h s t a n d i n g  existing     or   to
            be e x p e c t e d     influences of a g g r e s s i v e           media.
1.5. S a f e t y - r e l a t e d   requirements            In respect of          equipment
1.5.1       Requirements              in respect of safety                 devices
            Overloading              of    equipment           must      be    prevented,        for
            example,           by m e a n s     of    overcurrent           cut-off    switches,
            temperature                  llmlters,              differential             pressure
            switches,              flowmeters,              time-lag           relays,        speed
            m o n i t o r s and/or          similar        types of m o n i t o r i n g   devices
            already           at      the     design         stage        respectively         with
            integrated m e a s u r e m e n t           and control           devices.
1.5.2       Safety         devices        must       function        independently         of    any
            measurement                and      control          devices         required        for
            operat ion.
 ---pagebreak---                                              - 46 -
      A   safety         device         failure         shall      be     detected      by   means
      of     approprI ate              measures          that      within        a   short     time
      period a dangerous condition                             Is not h i g h l y       likely   to
      occur.
      For      electrical             circuits          the     fall-safe          principle      Is
      to     be     applied          when       the    risks      assessment         makes     this
      necessary.
       If     appropriate,                the       safety-related             switching       must
      directly             Influence            the     relevant           control      actuating
      device without                  software         command.
1.5.3  In    the      event        of     a safety        device         failure,       equipment
       and/or         protective              systems        shall        be    put    Into    safe
       condItIon.
1.5.4  Safety         devices           should        be    fitted         where     appropriate
       with      restart           l o c k o u t s . A new start             command     may   take
       effect          In    the      case       of    normal       operation         only    after
       the      safety          cut-off           switch       has       intentionally         been
       reset.
1.5.5  A p p l i c a t i o n of e r g o n o m i e        principles
       Where        control         and      display       u n i t s are u s e d ,      they   must
       be    designed            in a c c o r d a n c e    with      ergonomie         principles
        In    order        to     achieve           the   highest         possible       level    of
       operatIng            safety.
1.5.6  Requirements                   in       respect        of        equipment         with     a
       measuring            f u n c t i o n for e x p l o s i o n       protection.
       Equipment           with a m e a s u r i n g         f u n c t i o n must     be   designed
       and       constructed                in     particular           from      the    point    of
       view        of     their         measuring          principles,             display      time
 ---pagebreak---                                             - 47 -
         lag, t r a n s v e r s e s e n s i t i v i t y        and a c c e p t a b l e   accuracy
         limits         so    that    they      can      cope       with    the     foreseeable
         s i t u a t i o n s and special           c o n d i t i o n s of u s e .
1.5.7    It must          be p o s s i b l e   to check          with     su I tab Ie devI c e s ,
         where            necessary,            the         reading           accuracy           and
         serviceability                of       equipment             with      a       measuring
         function.
1.5.8    The      design       of     equipment          with       a measuring           function
         must       Incorporate          a safety          factor       which    ensures        that
         the       alarm       threshold          lies       far      enough      outside        the
         explosivity              limits         of       the        atmospheres            to     be
         registered.
1.5.9    Risks arising             from       software
          In      the       design       of     software-controlled                    equipment,
         special           account       must      be     taken        from    an      analytical
         point        of     view    of     the    risks        arising       from      faults     in
          the         programme.             For        electrical             circuits          the
          requirement           1.5.2        as   relevant          must    be    applied.       The
          same       safety      requirements             apply        to   sensor-monitored
          equipment.
1 .   Integration            of   safety         requirements              relating         to    the
      system
1.6.1     Manual         override       of     automatic          processes        must      at  all
          times be p o s s i b l e         to avert         hazards.
          In       the       event       of     deviation             from      the        Intended
          operation,           It must        be p o s s i b l e    to shut     the      equipment
          down       safely.
 ---pagebreak---                                 - 48 -
1.6.2  When   the    emergency     shutdown     system     Is   actuated,
       accumulated     energy    must   be   reduced    as   quickly   and
       safely    as    possible      so   that    It   will     lose    Its
       potentially dangerous effects.
       This   does    not   apply    for   e I ectrochemIcaI I y     stored
       energy.
1.6.3  Hazards arising from power          failure
       Where   equipment    can give rise to additional            hazards
        In  the   event     of   a    power    failure,     It   must    be
       possible    to   restore     It  to   a  safe   operating     state
        Independently of the rest of the           Installation.
1.6.4  Hazards arising from connections
        Equipment and product I ve 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
        protect Ive systems, the Interface shall be made               in a
        safe manner.
 1.6.5  Placing of warning devices as parts of equipment
        Where   warning    devices     are   provided    for   monitoring
        explosive    atmospheres      In the vicinity of       equipment,
        the detectors must be capable of being positioned                 In
        such a way that      a dangerous operatIng condition can
        be readily     identified.
 ---pagebreak---                          - 49 -
1.6.6 Areas endangered by pressure relief  In the event of
      an explosion
      Areas endangered in front of explosion      pressure-
      relief   devices   should  be    Indicated   by   the
      manufacturer as far as possible.
 ---pagebreak---                                                 - 50 -
2.         Supplementary                 requirements             in     respect      of     equipment
           w h i c h are c a p a b l e of c a u s i n g an                explosion
2.0. C r i t e r i a    for c o n f o r m i t y     c a t e g o r y M of e q u i p m e n t      group I
2.0.1      Criteria           for c o n f o r m i t y     category          (M) 1 of        equipment
           group I
2.0.1.1    Equipment            must       be   so    designed           and    constructed          and,
           where        necessary,            additionally              equipped       with     special
           protective              features        that      s o u r c e s of     Ignition        do  not
           b e c o m e e f f e c t i v e even         in the event of rare                    Incidents
           relating              to       equipment           or        two     faults         occurIng
            I n d e p e n d e n t l y of each         other.
2.0.1.2    Equipment            must       be so c o n s t r u c t e d       that, as far          as  It
            is      possible,              no     dust         can       penetrate           to     their
            Interlor .
2.0.1.3 The         surface          temperatures            of     equipment        p a r t s must    be
           kept        well        below       the      Ignition           temperature           of   the
           foreseeable               dust/air         mixtures            In   order       to    prevent
            the       Ignition           of    suspended            dust      and    be     kept     well
           below        the glow           temperature            In the case of              deposited
           dust.          The       thickness          of      deposited           dust       and    dust
           a c c u m u l a t i o n on e q u i p m e n t        p a r t s should be taken             Into
           consideration                 and   offset        where        appropriate          by   means
           of      temperature               limitation             In    order      to     prevent     a
            heat      buiId-up.
2.0.1.4 E q u i p m e n t        must       be   so    designed           that     the     opening     of
           equipment             p a r t s must      be c a r r i e d      out    only     under     non-
            active           or       Intrinsic           safety           conditions           or    via
            relevant           interlocking           mechanisms.
 ---pagebreak---                                     - 51 -
2.0.2   Criteria    for c o n f o r m i t y c a t e g o r y   (M) 2 of
        equipment     group I
2.0.2.1 Equipment     must      be   so    designed        and    constructed              that
        sources    of    Ignition       do    not    become       effective             during
        trouble-free        operation.
2.0.2.2 If after     the o p e n i n g of       the e n c l o s u r e ,    the      exposure
        of   components         could       lead    to      the     Ignition            of    an
        explosive      atmosphere,           it   must      only     be     possible          to
        open   equipment         under      non-active         conditions             or    via
        relevant     Interlocking m e c h a n i s m s .
2.0.2.3 The     requirements             regarding            explosion               hazards
        occurring       from       dust       referred         to      in       conformity
        category    (M) 1 must         be    applied.
2.1 .   Criteria      for      conformity          category         1    of       equipment
        group   I I
2.1.1.  Explosive      atmospheres           caused       by   gases,         vapours         or
        hazes
2.1.1.1 Equipment      must     be   so    designed         and   constructed              that
        sources    of    Ignition       do not       occur      even       in the        event
        of   rare     Incidents         relating          to    equipment             or     two
        faults o c u r r i n g    Independently of each                other.
2.1.1.2 Equipment      with      surfaces        that    are    likely         to    heat     up
         should   be    avoided      where       possible.        Falling          this,      it
        must    be   ensured        that       the    stated        maximum           surface
         temperatures         In   even      the    most       unfavourable               cases
         remain s a f e l y .   In this c o n n e c t i o n , t e m p e r a t u r e       rises
         caused by heat b u i l d - u p s and chemical                  r e a c t i o n s must
         also be taken         into a c c o u n t .
 ---pagebreak---                                                - 52 -
2.1.1.3 Equipment             must      be     so    designed         that    the     opening       of
         equipment            parts must           be carried          out   only     under      non-
         active           or       Intrinsic            safety         conditions          or      via
         relevant           interlocking            mechanisms.
2.1.2.   E x p l o s i v e a t m o s p h e r e s caused by dust                                 .   ^ „.
2.1.2.1 Equipment             must      be     so   designed         and   constructed           that
         Ignition of               e x i s t i n g dust/air m i x t u r e s do not             occur
         even        in     the      event        of    rare      incidents         relating        to
         equipment             and    two       faults     occurIng         independently           of
         each       other.
2.1.2.2 Equipment             must      be     so c o n s t r u c t e d  that     as     far   as    It
          is      possible,             no       dust      can       penetrate           to     their
          interlors.
         This         requirement              must      also      be    met     by     inlet      and
         connecting             pieces.
2.1.2.3 The       surface         temperatures            of e q u i p m e n t   p a r t s must      be
         kept        well        below        the      Ignition         temperature          of    the
          foreseeable              dust/air          mixtures         In   order       to    prevent
          the       ignition          of      suspended         dust      and    be     kept      well
          below        the glow          temperature          in the case of              deposited
          dust.         The       thickness           of    deposited          dust       and     dust
          a c c u m u l a t i o n on equipment             parts should be taken                  into
          consideration               and     offset      where       approprI ate         by   means
         of t e m p e r a t u r e       limitation         In order        to prevent         a heat
          buI Id-up.
 2.1.2.4 The       requirement             2.1.1.3        regarding         the    safe      opening
         of equipment               for c o n f o r m i t y    category        1    also     applies
          here.
 ---pagebreak---                                  - 53 -
2.2.     Criteria    for   conformity      category       2   of    equipment
         group   "
2.2.1.   Explosive    atmospheres      caused    by    gases,     vapours   or
         hazes
2.2.1.1  Equipment     must    be    designed     and      constructed      to
         prevent      Ignition,      including        those      caused     by
         frequently occurring       incidents relating to equipment
         which normally have to be taken            into account.
2.2.1.2 Equipment     parts must     be so designed        and    constructed
         that   their   stated    surface    temperatures         to  be  kept
         safely    even   where     risks    arise      from      foreseeable
         abnormal   situations.
2.2.1.3   If after   the opening of the enclosure, the exposure
         of   components     could    lead    to   the     Ignition     of  an
         explosive    atmosphere, equipment          must    be   constructed
          so that   it must    only   be possible       to open      equipment
          under    non-active       conditions        or      via     relevant
          Interlocking mechanisms.
 2.3      Criteria* for     conformity      category       3   of    equipment
          flrouP ''
 2.3.1.   Explosive    atmospheres,     caused    by    gases,     vapours   or
          hazes
 2.3.1.1  Equipment    must   be   so   designed      and    constructed     to
          prevent   Ignitions     which   can    occur     during     trouble-
          free operatIon.
 ---pagebreak---                                - 54 -
2.3.1.2 The   surface   temperatures    may    not  exceed    Ignition
        temperatures        during        Intended        operations.
        Temperatures    in excess of     Ignition   temperatures    may
        be  allowed   only   If special    protective   measures    are
        taken by the manufacturer.
2.3.2.  Explosive atmospheres caused by dust
2.3.2.1 Equipment   must   be so designed      and constructed    that
        suspended dust cannot be Ignited by Ignition sources
         likely to exist under normal operating         conditions.
        The possibility of      ignition of deposited dust      during
        rarely occurring     Incidents relating to equipment        and
        faults must also be precluded.
2.3.2.2 The      requirement       2.1.2.3      regarding      surface
        temperatures    for conformity      category  1 also   applies
        here.
2.3.2.3 Equipment    Including    the  Inlet   parts  and   connecting
        pieces    thereof,   must   be  so   constructed    that   dust
         cannot    penetrate      and    It    is    impossible     for
         potentially   explosive    dust/air    mixtures   to  develop
        or dangerous dust deposition to occur          Inside  It.
 ---pagebreak---                                  - 55 -
3.      Supplementary      requirements         In respect         of   protective
        systems
3.0. General  requirements
3.0.1   Protective      systems       Intended           to     halt      Incipient
        explosions     and/or     to   limit       the      effected      range         of
        explosion     flames     and   explosion            pressures       must        be
         integrated   where    necessary        into equipment           and     be     so
        designed     that    those      effects           are     limited        to      a
        sufficient     level of    safety.
3.0.2   The   protective      systems       must        be    so    designed          and
        capable   of   being    positioned         that      It  is possible            to
        prevent  explosions       from spreading              through     dangerous
        chain    reactions        and      flashover           -and     halt          the
        transition of      Incipient     e x p l o s i o n s to d e t o n a t i o n s .
3.0.3    In the event     of a power      fa ilure, p r o t e c t i v e       systems-
        must   retain      their     capacity          to     function        for       an
        adequate*- per lod to avoid a d a n g e r o u s          situation.
3.0.4    Protective      systems      shall         not       fail     under          the
         Influence of external        effects.
 ---pagebreak---                                             - 56 -
3.1. P l a n n i n g    and   design
3.1.1      S t r e n g t h of    materials
           At     the p l a n n i n g    stage,       the s t r e n g t h   required       of     the
           materials          must      be    determined           on    the    basis      of     the
           maximum           explosion          pressure           being     the        explosion
           pressure           to      be    expected,            considering            also      the
           anticipated             heating          effect         of    the      flame       under
           extreme operating                conditions.
3.1.2       Protective           systems        designed           to   resist         explosions
           must       be c a p a b l e of w i t h s t a n d i n g     the p r e s s u r e w a v e   In
            q u e s t i o n with a d e q u a t e      certainty.
3.1.3       The      accessories         connected           to the     protective         systems
            must be c a p a b l e of w i t h s t a n d i n g          the e x p e c t e d  maximum
            explosion         pressure        without          losing    their      capacity        to
            funct ion.
 3.1.4      Flameproof          enclosure         systems
        .    If     parts     which       can     Ignite        an    explosive         atmosphere
            are      placed      In an e n c l o s u r e ,      it must     be     Insured       that
            the      enclosure         can    withstand          the    pressure         developed
            during an          internal       e x p l o s i o n of an e x p l o s i v e    mixture
            and      prevents         the    transmission            of   the    explosion          to
            the e x p l o s i v e a t m o s p h e r e     surrounding        the     enclosure.
 3.1.5      Taking         account of system               reactions
            The       reactions          caused       -by      pressures       In      peripheral
            equipment          and     connected         pipework       must    be     taken      into
            consideration                In     the        planning        and        design        of
            protective          systems.
 ---pagebreak---                                             - 57 -
3.1.6  Pressure-relief                  systems
        If    it     Is    likely       that    s t r e s s e s on p r o t e c t i v e   systems
       will        exceed          their       structural           strength,         provision
       must        be    made        In   the    design        for    suitable        pressure-
        relief        d e v i c e s which       do not        endanger      persons       in the
       vicinity.
3.1.7   Explosion suppression                     systems
        E x p l o s i o n s u p p r e s s i o n s y s t e m s must      be so p l a n n e d    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 m a x i m u m       rate of         pressure      increase       and
        the m a x i m u m e x p l o s i o n       pressure.
3.1.8   Explosion decoupling                    systems
        DecoupI Ing             systems        Intended          to   disconnect         rapidly
        assigned           equipment          In   case       of    Incipient       explosions
        by     means        of     special       appliances          must    be    so    planned
       .and       designed           that     they      remain       proof     against        non-
        transmission                of    an     internal           ignition       and     retain
        their           'mechanical              strength            under        operational
        cond11Ions .
 3.1.9  Protective                systems         must         be     capable        of     being
         integrated              into     a    circuit         with     a   suitable        alarm
        t h r e s h o l d so that,           If n e c e s s a r y , there      Is      cessation
        of product             feed and output.'ând                immediate s h u t d o w n of
        equipment            p a r t s which can no             longer    function        safety.
 ---pagebreak---                                                    - 58 -
                                                ANNEX        I I I
M o d u l e : EC       type-examlniation
1.        This       module        describes           that      part    of    the     procedure         by
          which         a    notified        body       ascertains         and     attests       that      a
          specimen,             representative              of    the   production          envisaged,
          m e e t s the relevant              p r o v i s i o n s of the D i r e c t i v e .
2.        The       application           for      the      EC    type-examination            shall      be
           lodged            by     the        manufacturer              or       his       authorized
           representative             established              within     the C o m m u n i t y   with     a
           notified          body of his c h o i c e .
 The a p p l i c a t i o n shall           include:
           the      name       and   address         of     the    manufacturer           and,    If    the -
           application            Is lodged by the author I zed r e p r é s e n t â t I v e ,
           his n a m e and a d d r e s s           in a d d i t i o n ;
           a written declaration                     that      the same a p p l i c a t i o n    has not       *
           been       lodged with any other                    notified body;                              .^-»
           the technical             d o c u m e n t a t i o n , as d e s c r i b e d  In point       3.
 The      applicant            shall     place        at     the   disposal        of    the. n o t i f i e d
 body a s p e c i m e n , r e s p r e s e n t a t I v e of the p r o d u c t i o n            envisaged
 and h e r e i n a f t e r       called      " t y p e " . The n o t i f i e d body may          request
 further            specimens          if     needed          for     carrying        out     the     test -
 programme.
 3.        The technical             d o c u m e n t a t i o n shall     enable       the    conformity
           of     the      product      with       the      requirements         of    the    Directive
            to be        assessed.         It s h a l l , as        far   as    relevant        for   such
            a s s e s s m e n t , cover      the d e s i g n , m a n u f a c t u r e and      operation
           of     the p r o d u c t     and     shall       contain      as far       as   Is   relevant
            for a s s e s s m e n t :
 ---pagebreak---                                           - 59 -
         a general           type-description;
         conceptual            design       and       manufacturing             drawings         and
         schemes           of    components,             sub-assemblies,                circuits,
         etc. ;
         descriptions             and      explanations            necessary              for    the
         understanding             of   said       drawings       and      schemes         and   the
         o p e r a t i o n of the p r o d u c t ;
         a     list      of   the    standards           referred       to     in A r t i c l e    5,
         applied          in full     or    In p a r t , and       d e s c r i p t i o n s of    the
         s o l u t i o n s adopted to meet                the essential           requirements
         of     the D i r e c t i v e where          the s t a n d a r d s   referred         to   in
         A r t i c l e 5 have not been                applied;
          results         of    design       calculations            made,        examinations
          carried out, e t c . ;
          test      reports.
4.  The notified body                sha
4.1 examine          the; techn l cal -documentât Ion , verify                            that, the
    type        has      been     manufactured               in  conformity             with      the
    technical           document at I on * and             Identify      the e l e m e n t s    which
    have       been       designed        In     accordance          with        the       relevant
    p r o v i s i o n s of     the    standards           referred       to    In     Article^,1
    as     well       as     the    components            which     have       been        designed
    without           applying        the       relevant         provisions             of     those
    standards;
4.2 perform         or    have    performed          the a p p r o p r i a t e    examinations
    and       necessary           tests        to      check      whether,            where       the
    standards             referred       to       in     Article       5    have        not     been
    applied,            the     solutions          adopted        by     the      manufacturer
    meet      the essential           r e q u i r e m e n t s of the Directive-,
4.3 perform         or    have    performed           the     appropriate          examinations
    and       necessary           tests        to      check      whether,            where       the
    manufacturer                has     chosen            to     apply         the         relevant
    s t a n d a r d s , these have actually been                     applied;
 ---pagebreak---                                   - 60 -
4.4 agree     with    the    applicant        the    location       where      the
    examinations and necessary tests shall be carried out.
5.  Where    the   type    meets    the   relevant       provisions      of    the
    Directive,      the   notified     body    shall     Issue    an  EC    type-
    examination        certificate          to    the      applicant.         ^The*
    certificate      shall    contain     the name     and   address      of   the
    manufacturer,          conclusions         of      the      examlnI at ion,
    conditions     for    Its validity and the necessary               data for
     Identification of the approved             type.
    A    list    of    the     relevant       parts     of    the     technical
    documentation shall be annexed to the cert IfIcate and a
    copy kept by the notified            body.
     If  the   manufacturer       or    his   authorized       representative
    established        in    the     Community       Is     denied      a     type
    certification, the notified body shall provide detailed
     reasons for such denial.
     Provision shall be made for an appeals procedure.
 6.  The applleant shal I Inform the notified body that                     holds
     the   technical      documentation         concerning       the    EC    type >•
     examination      certificate       of    all   modifications         to 'the
     approved     equipment      or    protective       system      which     must
     receive     additional      approval       where     such    changes      may
     effect    the   conformity      with    the  essential        requirements
     or  the   prescribed      conditions       for   use   of   the    product.
     This   additional      approval      Is given      In   the    form   of    an
     addition       to      the     original        EC      type-examination
     cert IfIcate .
 7.  Each   notified       body    shall     communicate       to    the     other
     notified bodies the relevant             Information concerning            the
     EC  type-examination         certificates       and    additions      Issued
     and withdrawn.
 ---pagebreak---                           - 61 -
8. The other notified bodies may receive copies of the EC
   type-examination certificates and/or their additions.
   The annexes to the certificates shall be kept at the
   disposal of the other notified bodies.
9. The manufacturer    or   his- authorized  representative
   established   in the Community    shall  keep with   the
   technical documentation copies of EC type-examination
   certificates and their additions for a period ending at
    least ten years after the last equipment or protective
   systems has been manufactured.
   Where neither    the manufacturer   nor his   authorized
   representative Is established within the Community, the
   obligation to keep the technical documentation avallabe
   shall be the responsibility of the person who places
   the product on the Community market.
 ---pagebreak---                               - 62 -
                             ANNEX IV
Module: Production quality     assurance
1.   This    module   describes    the    p r o c e d u r e / whereby   the
     manufacturer who satisfies the obligations of point 2
     ensures and declares that the products concerned are In
     conformity with the type as described In the EC type-
     examination certificate and satisfy the requirements of
     the Directive that apply to them. The manufacturer
     shall affix the CE mark to each equipment                 and draw up
     a written declaration of conformity. The CE mark shall
     be accompanied by the Identification symbol of the
     notified    body    responsible     for       EC      monitoring    as
     specified In point 4.
2.   The manufacturer shall operate an approved                     quality
     system for production, final equipment                 Inspection and
     testing as specified        In paragraph 3 and shall                be
     subject to monitoring as specified In point 4.
3.   Quai Ity system
3.1  The    manufacturer    shall   lodge      an       application     for
     assessment of his quality system with a notified                  body
     of his choice, for the equipment          concerned.
     The application shall     Include:
         all relevant    information   for     the     product     category
         envisaged;
 ---pagebreak---                                           - 63 -
        the d o c u m e n t a t i o n concerning             the quality         system;
    -   the technical           d o c u m e n t a t i o n of the approved            type and
        a copy of the EC t y p e - e x a m i n a t i o n            certificate.
3.2 The     quality        system        shall          ensure     compliance         of     the
                                                      :
    equipment          with-the         type* a s described H n the                 EC   type-^v
    examination          certificate            and      with     the    requirements          of
    the D i r e c t i v e   that apply          to      them.
    All    the      elements,        requirements             and   provisions         adopted
    by the m a n u f a c t u r e r sha I I be documented                    in a s y s t e m a t i c
    and    orderly        manner        In    the       form    of   written        policies,
    procedures            and       Instructions.               The      quality        system
    documentation           must      permit         a    consistent         interpretation
    of the qua I 1ty p r o g r a m m e s , p I an, m a n u a I s and                records.
     It shall         contain     in particular              an a d e q u a t e   description
    of
     -   the        quality        objectives              and     the       organizational
        structure,            responsibilities                  and      powers       of      the .
        management          with     regard        to equipment            quality-,
         the       manufacturing,               quality         control         and    quality
         assurance           techniques,                processes         and      systematic
         a c t i o n s that will         be used;
         the e x a m i n a t i o n s    and     tests      that will        be carried        out
         before,         during         and       after        manufacture,          and      the
         frequency with which                  they will         be carried        out;
         the      quality     r e c o r d s , such        as   inspection         reports     and
         test       data,    calibration              data,     qualification          reports
         of the personnel              c o n c e r n e d , etc.-,
         the m e a n s to monitor              the achievement             of the     required
         equipment          quality          and      the     effective         operation       of
         the qua I Ity         system.
 ---pagebreak---                                            - 64 -
3.3  The    notified         body    shall      assess       the    quality      system       to
     determine           whether          It     satisfies           the      requirements
     referred       to     in point        3.2.    It    shall     presume       conformity
     with    these       requirements           in   respect      of     quality      systems
     that    Implement          the relevant        harmonized          standard.
     The    auditing         team    shall      have     at   least     one    member       with
     experience          of     evaluation        in    the    equipment         technology
     concerned.          The      evaluation        procedure         shall     Include        an
      inspection        visit      to the m a n u f a c t u r e r ' s   premises.
     The d e c i s i o n shall       be n o t i f i e d    to the m a n u f a c t u r e r .  The
      notification            shall       contain        the     conclusions          of     the
      examination         and the r e a s o n e d      assessment         decision.
 3.4  The     manufacturer              shall       undertake           to     fulfil        the
      obligations           arising         out    of      the    quality        system        as
      approved       and      to u p h o l d   It so      that    it   remains       adequate
      and e f f I c I e n t .
      The m a n u f a c t u r e r  or his author I zed r e p r é s e n t â t Ive shaI I
      keep    the     notified        body      that     has    approved       the     quality
      system     Informed of any              Intended u p d a t i n g of       the    quality
      system.
      The    notified           body     shall      evaluate         the    modifications
      proposed       and     decide      whether       the a m e n d e d   quality       system
      will    still        satisfy        the     requirements           referred        to    in
      paragraph       3.2 or w h e t h e r . a r e - a s s e s s m e n t   Is   required.
       It' shall     notify        Its d e c i s i o n    to   the    manufacturer.           The
      notification             shall      contain        the     conclusions          of      the
      examination          and the r e a s o n e d      assessment        decision.
 ---pagebreak---                                             - 65 -
4.  Surveillance           under        the     responsibility            of   the   notified
    body
4.1 The  purpose         of      surveillance           is     to    make    sure    that   the
    manufacturer           duly       fulfils        the    obligations         arising     out
    of the a p p r o v e d       qua Iity s y s t e m .
4.2 The m a n u f a c t u r e r    shall       allow the n o t i f i e d      body    entrance
    for      inspection                purposes          to         the      locations        of
    manufacture,            inspection            and    testing,         and   storage     and
    shall     provide           It     with       all   necessary           Information       in
    part IcuIar
        the q u a l i t y system              documentation
        the    quality          r e c o r d s , such     as     Inspection       reports    and
        test     data,        calibration            data,       qualification         reports
        of the personnel                 concerned,         etc.
4.3 The   notified          body       shall      periodically           carry    out   audits
    to   make        sure        that         the    manufacturer            maintains      and
    applies      the      quality          system     and     shall      provide     an   audit
     report    to the m a n u f a c t u r e r .
4.4 Additionally             the       notified         body        may     pay    unexpected
     visits     to      the      manufacturer.             During        such     visits     the
     notified       body       may      carry       out,    or     cause     to   be   carried
    out,     tests         to      verify          that     the       quality      system      is
     functioning         correctly,             if n e c e s s a r y .  The   notified     body
     shall   p r o v i d e the m a n u f a c t u r e r      with a visit         report    and,
     If a test has taken p l a c e , with a test                           report.
 ---pagebreak---                                - 66 -
   The  manufacturer     shall,     for    a  period   ending   at  least
   ten     years    after      the      last     equipment     has   been
   manufactured,      keep   at    the    disposal    of   the   national
   author 11les :
       the   documentation     referred      to  In  the  second   Indent,
       of point    3.1;
       the updating     referred     to   In the second     paragraph  of
       point   3.4;
       the   decisions     and   reports      from  the   notified   body
       which    are   referred     to    in  the   final   paragraph   of
       point   3.4, point 4.3 and point          4.4.
6. Each notified body shall give the other notified                bodies
   the   relevant    Information     concerning     the  quality   system
   approvals     issued and    withdrawn.
 ---pagebreak---                                                 - 67 -
                                                ANNEX V
Module: Product            verification
     This         module           describes            the      procedure             whereby          a
     manufacturer                   or         his      authorized               representative
     established              within          the    Community        checks         and       attests
     that      the e q u i p m e n t          subject     to the p r o v i s i o n s        of    point
     3 are        In c o n f o r m i t y       with    the    type    as    described            in   the
     EC-type            examination               certificate           and        satisfy            the
     relevant          r e q u i r e m e n t s of the       Directive.
     The     manufacturer                shall      take   all    measures          necessary          in
     order       that      the m a n u f a c t u r i n g p r o c e s s e n s u r e s      conformity
     of    the e q u i p m e n t          with     the   type    as d e s c r i b e d      In the      EC
      type-examination                  certificate         and    with     the       requirements
     of the D i r e c t i v e           that apply        to them. He shall                affix      the
     CE-mark            to      each         equipment         and     shall          draw        up    a
     d e c l a r a t i o n of       conformity.
     The       notified            body        shall     carry      out      the        appropriate
     examinations              and tests           In order     to check         the      conformity
     of the e q u i p m e n t            with     the relevant         r e q u i r e m e n t s of     the
      Directive           either         by     examination        and     testing          of     every
      product         as    specified            In point      4 or     by    examination             and
      testing           of      equipment            on   a     statistical              basis,        as
      specified              in       point         5,     at     the       choice            of      the
     manufacturer.
      The m a n u f a c t u r e r      or h I s author I zed r e p r e s e n t a t i v e             shall
      keep      a     copy       of     the      declaration        of     conformity             for   a
      period          ending          at      least     ten     years        after          the      last
      equipment           has been          manufactured.
 ---pagebreak---                                             - 68 -
4.   Verification               by     examination           and      testing        of      every
     equIpment
4.1  All       equipment            shall      be      individually            examined          and
     appropriate                tests      as       set      out       In     the      relevant
     standard(s)              referred       to      In   Article        5    or    equivalent*
     tests        shall        be   carried       out     In   order      to    verify       their'
     conformity             with     the   type      as    described         In   the    EC-type
     examination              certificate         and     the    relevant         requirements
     of      the D i rect I ve .
4.2  The      notified          body    shall      affix     or   cause      to   be    affixed,
      Its      Identification             symbol       to    each     approved        equipment
      and       draw         up    a    written         certificate           of    conformity
      relating          to the tests carried                out.
 4.3  The m a n u f a c t u r e r     or his authorized             representative            shall
      ensure         that      he    is  able      to   supply      the     notified        body's
      c e r t i f i c a t e s of c o n f o r m i t y on     request..
 5.   Statistical             verification
 5.1  The      manufacturer             shall      present       his     equipment         In     the
      form       of     homogeneous         lots      and    shall      take     all    measures
      necessary             tin   order       that       the    manufacturing             process
      ensures          the homogeneity           of each       lot    produced.
 5.2  All      equipment           shall     be     available        for    verification           in
      the      form of         homogeneous         lots. A random           sample      shall      be
      drawn          from      each     lot.     Products        in   a    sample      shall       be1
       Individually             examined      and     appropriate         tests     as set        out
       In the         relevant        standard(s)         referred        to    In A r t i c l e   5,
      or     equivalent            tests,      shall      be    carried        out    to    ensure
      their        conformity          with    the    relevant       requirements          of     the
      Directive              and to determine whether                 the    lot   Is accepted
      or     rejected.
 ---pagebreak---                                               - 69 -
5.3  A      sampling            plan         with        the     following        operating
     characteristics              Is applied:
           a    standard         quality          level    corresponding        to   a   95   %
           probability           of   acceptance          with   a percentage        of   non-
           conformity          between 0,5 and 1,5 %,
           alimit          quality        correspond ing         to a 5 %      probabI I Ity,
           of     acceptance          with       a   percentage       of   non-conformity
         • between 5 and 10 %.
5.4   In    the     case     of   accepted          lots, the      notified      body    shall
     affix,          or     cause       to     be     affixed,       Its    Identification
     symbol         to    each    equipment           and   shall     draw   up   a   written
     c e r t i f i c a t e of conformity              relating     to the tests       carried
     o u t . All equipment                 in the      lot may be put on the market
     except         those     products         from     the sample       which   were    found
     not     to be        In c o n f o r m i t y .
      If     a      lot      is   rejected,            the    notified       body     or    the
     competent            author Ity shaI I take             appropriate       measures      to
      prevent         the    putting        on     the market      of   that    lot.   In   the
     event        of     frequent       rejection         of   lots    the   not I fled    body
     may suspend             the statistical             verification.
      The     manufacturer            may,       under    the   responsibility         of   the
      notified body, affix                   the     latter's     identification        symbol
      during        the m a n u f a c t u r i n g    process.
 5.5  The      manufacturer              or       his     authorized        representative
      shall       ensure        that      he     is   able   to    supply     the    notified
      body's cert I fIcates of conformity on                            request.
 ---pagebreak---                                                  - 70 -
                                               ANNEX VI
   Module: Conformity              to type
        This        module         describes          that        part       of    the       procedure
        whereby               the       manufacturer                 or        his         authorized
        representative established                        within        the C o m m u n i t y   ensures
        and      declares         that     the e q u i p m e n t      and    protective         systems
        are      In c o n f o r m i t y    with     the     type     as d e s c r i b e d    in the    EC
        type-examination                 certificate            and      satisfy      the      relevant
        requirements              of    the     Directive.           The    manufacturer           shall
        affix          the     CE    mark      to    each       equipment         and      protective
        system         and draw up a w r i t t e n d e c l a r a t i o n of               conformity.
         The     manufacturer             shall      take      all     measures        necessary       to
         ensure             that       the        manufacturing                process           assures
         c o m p l i a n c e of the m a n u f a c t u r e d       equipment        and      protective
         systems          with      the     type     as     described          in    the      EC    type-
         examination               certificate               and         with      the         relevant,
         r e q u i r e m e n t s of the       Directive.
         The m a n u f a c t u r e r     or his a u t h o r i z e d        representative           shall
         keep        a    copy     of    the      declaration            of    conformity         for   a
         period           ending       at      least        ten      years      after         the    last
         equipment           or p r o t e c t i v e  system          has been       manufacturerd.
L_
         Where          neither        the      manufacturer               nor    his       authorized
         representative               is e s t a b l i s h e d   w i t h i n the C o m m u n i t y ,  the
         obligation               to      keep        the        technical            documentation
         available            shall    be the r e s p o n s i b i l i t y of the p e r s o n          who
         places           the     equipment          or       protective          system        on    the
         Community            market.
 ---pagebreak---                         - 71 -
For each equipment or protective system       manufactured
the protection    aspects of the product shall be carried
out by the manufacturer or on his behalf. The tests
shall    be carried out on the responsibility of a
notified body, chosen by the manufacturer.
On   the   responsibility   of  the notified    body,  the
manufacturer shall affix the former's Identification
symbol during the manufacturing process.
 ---pagebreak---                                                  - 72 -
                                               ANNEX VI I
M o d u l e : Product         quality         assurance
1.        This         module        describes           the      procedure          whereby          the
          manufacturer            who      satisfies         the   obligations          of     point    2
          ensures        and     declares        that     the equipment            and    protective
          s y s t e m s are     in c o n f o r m i t y with      the type as d e s c r i b e d         In
          the      EC    type-examination              certificate.             The   manufacturer
          shall        affix     the CE mark           to each        product       and    draw     up a
          w r i t t e n d e c l a r a t i o n of c o n f o r m i t y . The CE mark shall               be
          accompanied              by       the     Identification               symbol        of     the
          notified body r e s p o n s i b l e            for - surveI I Ianee as               specified
           in poInt        4.
2.        The       manufacturer             shall      operate        an      approved         quality
          system         for       final        equipment          and      protective            system
           Inspection         and      testing      as s p e c i f i e d    tn p a r a g r a p h   3 and
          shall        be subject          to surveI I Iance as s p e c i f i e d              in point»
          4.
3.        Qua Ilty        system
           3.1.        The   manufacturer            shall      lodge       an    application         for
                       assessment            of     his       quality          system        for      the
                       equipment         and p r o t e c t i v e s y s t e m s , with a n o t i f i e d
                       body of his c h o i c e .
                       The a p p l i c a t i o n shall        include:
                           all       relevant         information             for     the        product
                           category          envisaged
 ---pagebreak---                                  - 73 -
          the quality s y s t e m ' s        documentation
          the     technical         documentation            of      the      approved
          type     and      a   copy   of    the      EC    t y p e - e x a m a n I at Ion
          cert IfIcate .
3.2. Under       the      quality      system,         each       equipment           and-*
     protective              system     shall           be       examined             and
     appropriate            tests    as     set     out       in     the       relevant
     standard(s)              referred        to       In      Article             5    or
     equivalent          tests shall       be carried out                in order       to
     ensure           Its       conformity            with        the          relevant
     requirements            of   the D i r e c t i v e . All       the      elements,
     requirements              and    provisions             adopted            by    the
     manufacturer            shall   be d o c u m e n t e d     in a       systematic
     and       orderly         manner      in     the -form             of       written
     policies,            procedures         and         instructions.               This
     quality         system        documentation             shall          ensure        a
     common       understanding          of     the     quality          programmes,
     p l a n s , m a n u a l s and   records.
      It     shall        contain       in     particular             an       adequate
     descr I pt ion of :
           the quality           objectives        and     the     organizational
           structure,          responsibilities             and     powers        of   the
           management          with regard        to product           quality,
           the     examinations            and       tests        that         will      be
           carried out after             manufacture
           the    means       to monitor        the      effective           operation
           of the qua I Ity system
           quality         records,- such          as     Inspection             reports
           and test d a t a , c a l i b r a t i o n d a t a ,        qualification
           reports of the personnel                   concerned,           etc.
 ---pagebreak---                                   - 74 -
3.3. The notified           body     shall      assess      the q u a l i t y    system
     to     determine                whether           It        satisfies           the
     requirements            referred        to     in p o i n t    3.2.     It    shall
     presume       conformity            with        these      requirements            In
     respect       of      quality        systems         that      Implement         the
     relevant       harmonized          standard.
     The   auditing          team     shall      have    at     least   one      member
     experienced             as      an     assessor           In     the       product
     technology           concerned.           The     assessment           procedure
     shall       include            an     assessment             visit        to     the
     manufacturer's              premises.
     The      decision              shall         be       notified           to      the
     manufacturer.             The    not I f I cat Ion        sha I I* c o n t a i n    the
     conclusions           of     the   examination           and     the     reasoned
      assessment         decision.
3.4.  The m a n u f a c t u r e r   shall     undertake         to d i s c h a r g e  the
     obligations            arising       from       the     quality      system        as
      approved      and      to m a i n t a i n    it   In an a p p r o p r i a t e   and
      eff I c i ent      manner.
      The m a n u f a c t u r e r   or his a u t h o r i z e d      representative
      shall* k e e p      the      notified        body     which     has     approved
      the    quality           system        Informed         of     any       Intended
      updating      of     the q u a l i t y     system.
      The       notified              body          shall          evaluate            the
      modifications              proposed         and     decide       whether         the
      modified        quality         system        will     still     satisfy         the
      requirements             referred         to    in    paragraph          3.2.     or
      whether      a re-assessment               Is    required.
 ---pagebreak---                                            - 75 -
                It shall       notify       its d e c i s i o n    to the      manufacturer.
               The n o t i f i c a t i o n   shall      contain       the c o n c l u s i o n s  of
               the        examination          and        the     reasoned           assessment
               dec I s Ion.
4. S u r v e 1 1 I ance       under     the     r e s p o n s I b 1 I Ity     of     the   notified
   body
   4.1.        The      purpose     of     surveillance           is to m a k e       sure     that
                the       manufacturer          duly        fulfils      the        obligations
                a r i s i n g out of the a p p r o v e d         quality        system.
   4.2.         The      manufacturer          shall        allow     the     notified         body
                entrance        for    inspection p u r p o s e s        to the        locations
                of      inspection,          testing, and            storage         and     shall
                provide         it   with      all      necessary         Information,            In
                par tIcuIar
                      the q u a l i t y   system        documentation
                       the technical          documentation
                       the     quality         records,           such       as       inspection
                       reports       and      test         data,      calibration            data,
                       qualification             reports           of       the        personnel
                       concerned,        etc.
    4.3.        The       notified      body      shall        periodically           carry     out
                audits        to e n s u r e   that      the m a n u f a c t u r e r   maintains
                 and     applies      the    quality         system    and      shall     provide
                 an audit        report      to the m a n u f a c t u r e r .
 ---pagebreak---                                      - 76 -
4.4.    Additionally,                the      notified           body          may      pay
        unexpected           visits       to    the       manufacturer.            At   the
        time of       such       visits,      the n o t i f i e d   body      may     carry
        out    tests       or     have    them      carried      out      In    order    to
        check       the       proper       functioning           of      the       quality
        system       where         necessary;           It    shall      provide       tthe
        manufacturer            with     a visit         report    and,       if    a  test
        has b e e n c a r r i e d o u t , w i t h       a test     report.
The   manufacturer            shall,      for     a   period      ending        at    least
ten y e a r s after       the      last e q u i p m e n t   or p r o t e c t i v e   system
has   been     manufactured,              keep      at     the   disposal          of   the
national     authorities:
    the d o c u m e n t a t i o n   referred       to    in the t h i r d       Indent   of
    po I nt   3.1;
    the u p d a t i n g    referred        to   In the       second      paragraph       of
    point    3.4;
    the    decisions           and    reports        from      the    notified         body
    which     are      referred         to     in    the     final      paragraph        of
    point    3 . 4 , point         4.3 and point           4.4.
Each   notified        body       shall    forward        to   the o t h e r      notified
bodies     the    relevant          information         concerning         the     quality
system    approvals          Issued and         withdrawn.
 ---pagebreak---                                              - 77 -
                                         A N N E X VI I I
Module:    Internal      control         of     production
1.   This        module        describes            the     procedure          whereby           the
     manufacturer                or        his         authorized            representative
     established          within         the     Community,        who     carries      out      the
     obligations          laid down            in point      2, e n s u r e s   and    declares
     that      the e q u i p m e n t   satisfy        the relevant          requirements          of
     the D i r e c t i v e . The m a n u f a c t u r e r     shall      affix     the CE mark
     to each e q u i p m e n t          and draw up a w r i t t e n          declaration          of
     c o n f o r m Ity.
2.   The         manufacturer              shall         establish          the       technical
     documentation             described           In    paragraph        3  and    he    or     his
     authorized              representative                established             with          the
     Community        shall       keep      it for a period           ending      at    least      10
     years        after    the       last     equipment         has     been     manufactured
     at     the     disposal         of    the     relevant        national       authorities
      for     inspection         purposes.
     Where         neither         the      manufacturer            nor     his     authorized
      representative             Is e s t a b l i s h e d  within      the C o m m u n i t y ,   the
      obligation            to        keep        the      technical           documentation
      available        shall       be the r e s p o n s i b i l i t y of the p e r s o n         who
      places       the e q u i p m e n t    on the C o m m u n i t y     market.
 3.   Technical        documentation              shall     enable      the   conformity           of
      the      equipment          with      the     relevant        requirements           of    the
      Directive        to be a s s e s s e d .        It s h a l l , as far       as    relevant
      for     such    assessment,            cover      the d e s i g n ,   manufacture          and
      operation        of the        product.
      The m a n u f a c t u r e r    or his a u t h o r i z e d     representative             shall
      keep      a copy      of     the    declaration         of     conformity        with       the
      technical        documentation;
 ---pagebreak---                                       - 78 -
5. The  manufacturer         shall        take all measures   necessary   in
   order   that     the       manufacturing        process   shall    ensure
   compliance     of      the       manufactured      equipment   with   the
   technical  d o c u m e n t a t i o n referred   to  In point  2 and  with
   the relevant     r e q u i r e m e n t s of the Directive.
 ---pagebreak---                                                - 79 -
                                             ANNEX        IX
M o d u l e : full      quality       assurance
1.        This       module         describes           the        procedure        whereby          the
          manufacturer           who s a t i s f i e s    the o b l i g a t i o n s of      paragraph
          2    ensures       and     declares          that       the    equipment          concerned
          satisfy       the relevant          r e q u i r e m e n t s of   the d i r e c t i v e .   The
          manufacturer           shall    affix        the CE mark          to each         equipment
          and d r a w up a w r i t t e n        declaration           of c o n f o r m i t y .   The CE
          mark      shall    be a c c o m p a n i e d    by     the    identification            symbol
          of       the      notified          body          responsible            for        the     EC
          s u r v e i I Iance .
2.        The      manufacturer          shall         operate         an    approved           quality
          system        for     design,        manufacture             and     final        equipment
           inspection        and     testing       as s p e c i f i e d    in p a r a g r a p h    3 and
           shall      be   subject       to     EC     surveillance            as   specified         In
           paragraph       4.
 3.       Qua I Ity      system
 3.1       The      manufacturer           shall           lodge        an    application            for
           assessment        of his q u a l i t y       s y s t e m with a n o t i f i e d        body.
           The a p p l i c a t i o n  shall      include:
                 all   relevant       information            for the e q u i p m e n t         category
                 env I saged
                 the q u a l i t y   system's        documentation
 3.2       The      quality        system      shall          ensure       compliance           of   the
           equipment         with       the       relevant            requirements             of    the
           d i rect i ve .
 ---pagebreak---                                        - 80 -
All     the      elements,         requirements            and    provisions          adopted
by the m a n u f a c t u r e r      shall      be d o c u m e n t e d   In a     systematic
and      orderly        manner       In     the     form      of   written         policies,
procedures             and       Instructions.              This       quality         system
documentation              shall      ensure        a    common       understanding         of
the      quality         policies        and     procedures           such      as    quality
p r o g r a m m e s , p l a n s , m a n u a l s and      records.
 It shall          contain       in p a r t i c u l a r   an a d e q u a t e    description
of
      the        quality         objectives             and      the       organizational
      structure,             responsibilities                 and      powers        of    the
      management            with      regard          to    design         and     equipment
      qua I Ity,
      the         technical         design           specifications,                Including
      standards,            that      will       be     applied        and,      where     the
      standards           referred          to     In    article        5     will    not    be
       applied         In    full,      the     means       that      will      be   used    to
      ensure          that       the      essential           requirements            of   the
       directive         that     apply      to the e q u i p m e n t      will    be   met,
       the          design       control           and        design           verification
       techniques,            processes         and      systematic           actions     that
       will      be used w h e n d e s i g n i n g        the    equipment,
       the c o r r e s p o n d i n g m a n u f a c t u r i n g , q u a l i t y  control    and
       quality            assurance            techniques,               processes         and
       systematic          actions       that will         be    used,
       the e x a m i n a t i o n s    and     tests      that    will      be   carried    out
       before,          during,        and      after        manufacture,            and   the
       frequency         with w h i c h      they will         be c a r r i e d   out,
 ---pagebreak---                                               - 81      -
          the     quality          records,        such     as    Inspection        reports      and
          test       data,        calibration           data,       qualification          reports
          of    the p e r s o n n e l      concerned,          etc.,
          the m e a n s        to m o n i t o r   the a c h i e v e m e n t   of  the    required
          design           and      equipment           quality         and     the     effective
          operation            of   the q u a l i t y      system.
3.3. The     notified            body     shall      assess        the    quality      system      to
     determine              whether           it      satisfies           the      requirements
     referred            to        In    paragraph           3.2.        It    shall       presume
     compliance              with        these        requirements            in    respect        of
     quality         systems          that     implement         the    relevant      harmonized
     standard.
     The      auditing             team      shall        have      at     least     one      member
     experienced              as     an   assessor          In    the    product       technology
     concerned.             The      evaluation           procedure         shall     Include      an
     assessment            visit       to the m a n u f a c t u r e r ' s    premises.
     The decision              shall      be n o t i f i e d    to the m a n u f a c t u r e r . T h e
     notification                 shall       contain         the      conclusions         of    thfe
     e x a m i n a t i o n and       the r e a s o n e d    assessment         decision.           •
3.4. The        manufacturer                shall         undertake          to     fulfil        the
     obligations                arising         out     of      the     quality       system       as
     approved           and      to    uphold       It   so    that     it   remains      adequate
     and eff i c I e n t .
     The       manufacturer                or      his      authorized           representative
     established               In    the    Community          shall      keep    the     notified
      body      that       has     approved        the     quality       system      Informed      of
      any     intended          updating        of   the q u a l i t y     system.
      The      notified            body      shall        evaluate         the    modifications
      proposed          and      decide      whether        the    amended      quality       system
     will        still         satisfy        the      requirements           referred        to    In
      paragraph           3 . 2 . or w h e t h e r     a re-assessment            Is   required.
 ---pagebreak---                                                    - 82 -
        It    shall        notify        Its     decision       to   the    manufacturer.          The
        notification                shall        contain       the      conclusions         of     the
        examination             and    the r e a s o n e d    assessment        decision.
        EC s u r v e I I Iance
4.1. The p u r p o s e of EC s u r v e i l l a n c e             is to m a k e s u r e     that     the
        manufacturer               duly      fulfils       the    obligations         arising       out
        of the a p p r o v e d         quality        system.
4 . 2 . The m a n u f a c t u r e r      shall       allow    the n o t i f i e d  body    entrance
        for       Inspection            purposes         to    the     locations       of    design,
        manufacture,                inspection         and    testing,        and   storage,        and
        shall         provide         it     with      all    necessary         information,          in
        par t I c u I a r
              the q u a l i t y       system        documentation
              the      quality         records        as   foreseen        by   the   design      part
              of     the     quality         system,      such     as   results      of   analyses,
              calculations, tests,                    etc.
               the q u a l i t y      r e c o r d s as f o r e s e e n   by the m a n u f a c t u r i n g
              part         of      the     quality        system,        such     as     inspection
               reports              and         test        data,         calibration           data,
              qualification                reports        of    the     personnel        concerned,
              etc.
4 . 3 . The      notified           body     shall      periodically           carry    out    audits
         to     make         sure       that        the    manufacturer           maintains         and
         applies          the     quality         system     and    shall     provide      an   audit
         report        to the        manufacturer.
4.4. Additionally                    the      notified         body      may     pay     unexpected
         visits        to     the m a n u f a c t u r e r .   During      such    visits     full     or
         reduced         a u d i t s may be c a r r i e d out          by the n o t i f i e d    body.
         The     notified           body     shall      provide      a visit      report     and,      if
         a p p l i c a b l e , an audit            report    to the      manufacturer.
 ---pagebreak---                                              - 83
5.  The manufacturer               s h a l l , for a p e r i o d        ending     at  least     10
    years        after            the            last         equipment           has         been
    manufacturered,               keep       at   the    disposa»          of    the   national
    a u t h o r 111 es :
    -      the    documentations              referred       to     in the      second      indent
          of    the s e c o n d    subparagraph          of point           3.1
           the   updatIng         refer red        to  in the         second      subparagraph
          of p o I n t     3.4
           the    decisions           and      reports      from        the    notified        body
          which      are     referred          to   in  the      final       subparagraph        of
           point    3 . 4 , p o i n t s 4.3       and   4.4
6.   Each       notified          body        shall     publish          periodically           the
    relevant           Information             concerning           the      quality        system
     approvals         issued       and     withdrawn.
7.   P e s Ign e x a m I natI on
 a)  The       manufacturer              shall        lodge        an      application          for
     examination          of the d e s i g n w i t h        a single         notified       body^
 b)  The       application            sha II      enable        understanding            of     the
     design,       manufacture             and    operation          of    the    product,      and
     shall      enable      assessment           of c o n f o r m i t y   with    the   relevant
     requirements           of    the      directive.
      11 sha I I I nc I u d e
           the      technical             design        specifications,                including
           standards,         that      have been        applied,
            the     necessary               supporting           evidence           for       their
           adequacy,         in p a r t i c u l a r   where      the s t a n d a r d s   referred
            to   In a r t i c l e    5 have       not   been      applied        In f u l l .  This
            supporting          evidence          shall      Include         the    results       of
            tests     carried         out     by   the   appropriate             laboratory       of
            the m a n u f a c t u r e r   or on his        behalf.
 ---pagebreak---                                            84 -
c) The   notified         body      shall      examine         the      application       and
   where    the d e s i g n m e e t s      the p r o v i s i o n s    of    the   directive
   that   apply     to     It shall        issue    an      EC d e s i g n     examination
   certificate         to     the      applicant.         The       certificate         shall
   contain     the c o n c l u s i o n s    of   the e x a m i n a t i o n ,     conditions
   for   Its val Idlty., the n e c e s s a r y           d a t a for       Identification.
   of   the a p p r o v e d   design       and,    if r e l e v a n t ,     a  description
   of the e q u i p m e n t ' s     functioning.
d) The    applicant         shall       keep    the     notified           body    that   has
    issued    the    EC     design       examination           certificate          informed
   of any m o d i f i c a t i o n     to the a p p r o v e d      design.
   Modifications            to      the     approved          design        must     receive
   additional       approval          from    the    notified          body    that    issued
    the    EC   design           examination           certificate             where     such
   changes     may      affect        the    conformity           with      the   essential
    requirements           of      the      directive           or       the     prescribed
   conditions        for      use     of    the   equipment.             This    additional
   approval      is     given        In   the   form      of     an     addition      to   the
   original     EC d e s i g n e x a m i n a t i o n    certificate.                        ;
e) The    not if led        bodies       shall      publish           periodically         the
    relevant    Information             concerning
        the a p p l i c a t i o n s for EC d e s i g n e x a m i n a t i o n      received
        the EC d e s i g n e x a m i n a t i o n    certificates             and  additions
        Issued
        the EC d e s i g n e x a m i n a t i o n    c e r t i f i c a t e s and   additions
        refused
        the EC d e s i g n e x a m i n a t i o n    c e r t i f i c a t e s and    additions
        wIthdrawn
 ---pagebreak---                                         - 85 -
                                       ANNEX      X
Module:  EC unit      verification
1.   This     module        describes           the      procedure         whereby         the
     manufacturer        ensures      and     declares       that    the equipment          or,:
     protective        system,        which       has      been     issued      with       the
     certificate        referred        to     in    point     2,    conforms         to   the
     relevant          requirements               of        the       directive.           The
     manufacturer        shall      affix       the    CE   mark    to   the     equipment
     or   protective         system        and      draw     up   a    declaration           of
     conform Ity .
2.   The     notified          body      shall         examine        the      Individual
      equipment       or     protective           system       and     carry       out     the
      appropriate          tests       as       set      out      In     the       relevant
      standard(s)        referred        to     in    article      5,    or    equivalent
      tests,     to    ensure        Its     conformity          with     the      relevant
      requirements        of    the   directive.          The   notified      body       shall
      affix,     or    cause       to    be      affixed,        its     Identification
      symbol    on   the     approved       equipment         or   protective          system
      and    shall       draw       up      a     certificate           of     conformity
      concerning      the    tests     carried       out.
 3.   The   aim    of    the     technical         documentation           is   to     enable
      conformity      with     the   requirements           of   the d i r e c t i v e   to be
      assessed     and     the    design,        manufacture        and     operation        of
      the equipment         or   protective         system       to be     understood.
      The  documentation          shall      contain:
          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    said      drawings       and   schemes        and    the
          operation       of    the equipment           or  protective        system.
 ---pagebreak---                             - 86 -
a      list    of the   standards      referred       to     in  article   5,
applied        In full  or   In p a r t , and   descriptions          of  the
solutions adopted          to meet     the e s s e n t i a l    requirements
of    the     directive   where   the s t a n d a r d s    referred    to  In
a r t i c l e 5 have not b e e n   applied
results        of  design    calculations         made,        exam Inations
carr I ed out , etc .
test       reports.
 ---pagebreak---                                    - 87 -
                                 ANNEX XI
Conformity marks and additional         specific markings
1 .  EC conformity mark
     The EC conformity       shall   consist of the    letters CE as the
     symbol    shows below and      the   last two figures of     the year
     In which the mark was affixed.
                                C€
2.   Additional    specific markings
     Additional     markings    must    enable   full! Identification    of
     equipment and protective systems to be made. They must at
      least contain the following:
         specific     explosion    protection     mark     together    with
         the     mark    Indicating       the   equipment     group,    the
         conformity category       thereof and, relating to equipment
         group     11,    the   letter      "G"   (concerning    explosive
         atmospheres     caused   by gases, vapours or hazes) and/or
         "D"   (concerning    explosive     atmospheres  caused   by  dust)
         as, for example, shown below;
         name     and    address     of    the    manufacturer     or   his
          I dent I fI cat ion mark ;
         type and serial      number;
         restricted or other safety-related conditions of use;
                              I   1   G
 ---pagebreak---                                                - 88
                                            ANNEX XI I
MINIMUM     CRITERIA          TO    BE   TAKEN       INTO A C C O U N T     BY  MEMBER        STATES
FOR THE N O T I F I C A T I O N OF        BODIES
1.   The      body,         its    director         and   the      staff      responsible          for
     carrying           out      the    verification           tests       shall     not     be    the
      designer,             manufacturer,              supplier          or      Installer          of
      equipment            and     protective          systems        which     they       inspect,
      nor       the      authorized             representative            of    any     of      these
      p a r t i e s . They shall            not become either               involved      directly
      or       as       authorized            representatives               In     the      design,
      c o n s t r u c t i o n , m a r k e t i n g or m a i n t e n a n c e of e q u i p m e n t    and
      protective               systems.           This     does        not      preclude           the
      possibility               of     exchanges          of      technical          Information
      between         the m a n u f a c t u r e r    and the       body.
 2.   The body and              Its staff shall            carry out         the    verification
      tests with            the highest           degree of professional                 Integrity
      and      technical           competence          and     shall      be    free     from      all
      pressures              and      Inducements,            particularly             financial,
      which might              Influence         their   Judgement         or the r e s u l t s of
      the       Inspection,           especially          from      persons       or   groups       of
      persons             with         an        Interest          In       the      result         of
      ver i f I cat i o n s .
 3.   The body shall               have at         Its disposal         the n e c e s s a r y   staff
      and      possess          the    necessary         facilities          to   enable        It   to
      perform          properly        the a d m i n i s t r a t i v e and technical             tasks
      connected            with     verification;           it shall         also    have      access
       to the equipment                required        for special          verification.
 ---pagebreak---                               - 89 -
The  staff   responsible      for    Inspection        shall       have:
-   sound   technical     and   professional         training,
    satisfactory      knowledge       of   the     requirements            of   the
    tests   they   carry   out    and  adequate        experience         of   such
    tests,
    the  ability    to draw up       the c e r t i f i c a t e s ,  records     and
    reports    required     to   authenticate         the      performance       of
    the  tests.
The     Impartiality        of      inspection          staff         shall      be
guaranteed.     Their    remuneration       shall       not      depend     on  the
number   of   tests    carried     out   or   on    the      results      of   such
tests.
The   body  shall    take   out    liability       insurance          unless    Its
 liability    is   assumed     by   the   State       In    accordance         with
national     law,   or   the   Member     State       Itself        is   directly
 responsible    for   the   tests.
The    staff    of   the     body     shall     be      bound       to     observe
 professional      secrecy     with     regard       to     all      information
 gained   In carrying      out    Its  tasks     (except         vis-à-vis      the
 competent    administrative         authorities          of      the   State     in
which     Its   activities        are    carried         out)       under      this
 Directive     or   any    provision       of     national           law     giving
 effect  to   It.
 ---pagebreak---                                     - 90 -
                             FINANCIAL STATEMENT
                     SECTION 1:   FINANCIAL IMPLICATIONS
1. Title of opérât Ion
Approximation of the laws of the Member States concerning equipment and
protective systems Intended for use In potentially explosive atmospheres.
2. Budget heading Involved
Article B5-300: completing the Internal market.
3. Legal basis
Article 100a of the Treaty
Council Resolution of 7 May 1985 concerning     a new approach  to technical
harmonization and standardization.
4. Description of operation
The planned operation consists of contributing to the drafting and prevision
of harmonized standards which will facilitate the appiIcatIon • of the
directive and Increase the competitiveness of European Industry.
 5. Classification of expenditure
 Differentiated appropriation
 Non-compulsory expenditure.
 6. Type of expenditure
 The above proposal defines essential safety       and   health requirements.
 Article 5 of It refers to harmonized standards.
 ---pagebreak---                                   - 91 -
As with the other "New Approach" directives, the Commission plans to assign
to CEN/CENELEC the task of preparing useful harmonized standards. The
mandate required for this task falls within the framework contract signed
on 10 October 1985, which provides for financial support from the
Commission.
7. Financial Impact on appropriations for operations
7.1     Method of calculation
(a)     CENELEC
        CENELEC is currently following a policy aimed at decreasing the
        number of operations carried out by the Commission and the
        EFTA Secretariat. The amounts invoiced for the preparation of
        CENELEC standards can therefore be considered to be token values
        which are 30-40% of the actual costs. On this basis, an Initial
        estimate shows that 30 standards need to be revised (actual costs
        ECU 600 000, of which ECU 240 000 has been Invoiced) and 20 new
        standards will be needed (actual costs ECU 576 000, of which
        ECU 128 000 has been Invoiced). The actual cost of the programme
        amounts to ECU 1 176 000, of which ECU 368 000 has been invoiced.
        The Impact on the Commission budget        is therefore currently
        estimated to be ECU 368 000. The average price of a CENELEC
        standard is ECU 7 360.
 ---pagebreak---                                     - 92 -
(b)     CEN
        The same policy is not followed by CEN, however. The method of
        financing calculated on the basis of experience with existing
        mandates shows that each new standard costs the Commission an
        average of ECU 50 000. The number of A/B (product families) CEN
        standards Is provisionally put at 25. However, a safety margin of
        five additional standards has to be allowed. The total impact of
        the    programme   is therefore     estimated    to   be   30    standards
        representing expenditure of ECU 1.5 million.
(c)     The total number of (CEN + CENELEC) standards is 80. The overall
        expenditure can be estimated to be a maximum of ECU 1 868 000.
        This    estimate   has   been    made    in   collaboration     with   the
        standardization bodies. The technical structures In the electrical
         field have been in place for a number of years, which means that
        undoubtedly more unreliable data can be obtained. This is not
         always the case with non-electrical standardization most of which,
         although some work Is in progress, in particular supported by the
         "machinery" mandate, Is still unchartered territory due to lack of
        experience and In particular of technical forums in which the
        experts are able to cooperate. The CEN amounts should be
         considered         in        the         light         of         this.
        The amount is to be spread over four years.
7.2      Schedule    of   commitment    appropriations      (CA)    and    payment
         appropriations (PA) (Article B5-300
                    CA                     PA
   1992            1 868 000                    198 000
   1993                                678 000
   1994                                744 000
   1995                                248 000
  TOTAL            1 868 000                  1 868 000
 ---pagebreak---                                    - 93 -
                   SECTION 2: ADMINISTRATIVE EXPENDITURE
The proposal for a directive replaces and extends the existing directives.
The incorporation of non-electrical equipment and mining equipment, which
Is currently dealt with by DG V/E-4 (Secretariat of the Safety and Health
Commission for the Mining and Other Extractive Industries, will create a
need for one additional A-1 eve I official to be appointed either by way of
internal mutation, or by the Commission within the framework of the
allocation of resources.      He will be responsible for ensuring the
application of the directive, providing technical liaison between the
Commission and standardization and matters of interpretation of the
essential requirements and monitoring the work of DG V concerning the
Article 118a directive. He will also attend the meetings of the Safety and
Health Commission.
 ---pagebreak---                                     - 94 -
                SECTION 3:  ELEMENTS OF COST-EFFECTIVE ANALYSIS
The aim of the proposed operation Is fui I harmonization of the ATEX
 (electrical) sector In accordance with the statement entered In the minutes
 of the meeting of which optional Directive 79/196/EEC was adopted. It is
 therefore an obligation for which no alternative has been considered. The
 extension to Include other equipment meets technical safety requirements
 and is in keeping with the Council Resolution of 7 May 1985 to avoid a
  large number of specific directives.
  It can be noted that about 20 standards have already been produced for the
 electrical field, many of which are Included In the technical annexes to
 Directive 79/196/EEC, 82/130/EEC and 90/487/EEC. A simple revision of
 these standards and the inclusion of any specific measures to meet new
 essential safety requirements may suffice in many cases. In addition, a
  large number of I EC publications (In particular the 79 series) have
 appeared since work began In 1948. These will continue to provide a firm
 basis for European standardization activities.
 Furthermore, the work of WG 16 of CEN/TC 114 (Fire and Explosions) which
 was set up under the mandate of Directive 89/392/EEC (machinery), has to be
 taken Into account for the non-electrleal field. The standards produced by
.the committee concerned will apply almost directly to the ATEX Directive.
 The above considerations will reduce the number of new standards needed
 and, therefore, the Impact on the Commission budget.              v
 The figures given are approximate only.
 ---pagebreak---                                       - 95 -
                             IMPACT ASSESSMENT SHEET
                  IMPACT OF THE PROPOSAL ON UNDERTAKINGS AND,
         IN PARTICULAR, ON SMALL AND MEDIUM-SIZED UNDERTAKINGS (SMUs)
1. Principal grounds for the proposal
This proposal for a directive is aimed at the full harmonization of
equipment and protective systems Intended for use In potentially explosive
atmospheres. It       Includes     the    optional   system   Introduced   by
Directive 76/117/EEC, 79/196/EEC, 90/487/EEC and 82/130/EEC, which will be
made complete and provides for a widening to Include equipment and
protective systems not covered by Community legislation.
2. Impact on undertakings
2a       Characteristics of the undertakings concerned
There are a considerable number of SMUs in the field of equipment for use
 In potentially explosive atmospheres. The high level of specialization In
this field has enabled relatively small undertakings to coexist with the
specific production lines of the major equipment manufacturers. The main
manufactures are in France, Germany and the UK, and users are to be found
 in all countries with an industrial (chemicals, oil) and mining sector.
Production of such equipment Is tending to decline following pit closures.
Greater and continuously Increasing interest Is now being shown in surface
equipment, however. As a result of restructuring in the sector concerned
and gearing it towards Industrial applications, European equipment has an
excellent reputation and can only benefit from a larger market, not only
within the Community but also in the EFTA countries and as regards exports
to North America and other countries concerned with the exploitation of
mineral resources.
Are there concentrations      In regions eligible for regional   aid from the
Member States? No
Are there concentrations In regions eligible under the ERDF?     No
 ---pagebreak---                                    - 96 -
However, It should be stated that subsidies have made It possible to
maintain certain mining activities and therefore to safeguard local
Industries which supply group I equipment.
3. The obligations on undertakings
The existing optional directives guaranteed free movement of some
electrical equipment within the Community. Companies were not unaware of
this commercial advantage, which was symbolized by the affixing of the
highly estimated Commun!ty mark epsilon-        . The general possibility of
free movement for the bulk of equipment and systems produced for use in
potentially explosive atmospheres must be regarded as an additional asset.
 It was found during the (modest) extension of the existing directives that
all of the parties concerned approved and that national legislation or
standardization were systematically abandoned.
Since European standardization exists, the need for conformity with
different national provisions and the inherent costs disappear. The
apparently new obligations contained In the new directive will ultimately
only replace those existing at the national level and will help to reduce
 the diversity of existing regulations.
 4. What are the foreseeable effects
         on employment?
         The effects on employment will tend to be Indirect. The fact Is -
         and this has been confirmed by experience In the electrical field -
         that the production of high-quality equipment is an important asset
         which extends even beyond the Community's frontiers. The effect on
         employment, taking account of the high level of specialization of
         the SMUs working In the field, may therefore be beneficial.
         on        the        compet it Iveness      of        undertakings?
         The reduction in the number of certificates to be obtained for the
         same Item of equipment and the associated savings, In particular
         for non-electrical equipment, as a result of not having to repeat
          tests will put a limit on the total           price and    Increase
         competitiveness while guaranteeing equivalent quality.
 ---pagebreak---                                       - 97 -
5. Will there be special measures for SMUs?
No. However, the directive does provide for the checking of Individual
units to certify conformity, which may be a satisfactory solution for
special equipment made In limited numbers for part leu Iar app11 cat ions.
6. Have the two sides of Industry been consulted?
The proposed directive has been discussed with experts from the industrial
federations (ORGALIME, ECCMF, FITMT) and European standardization In which
all of the Interests concerned are represented. Furthermore, the Mines
Safety and Health Commission and the Advisory Committee on Safety, Hygiene
and Health Protection at Work have been fully consulted.
A    broad   consensus   emerged    from   the  discussions. Electrotechnlcal
standardization     (CENELEC)   has    a  large  number   of  standards,   Its
non-electrical partner (CEN) Is at the moment preparing a generic standard
 in Its field under the mandate of the "machinery" directive.
 It Is only structures which from the beginning have been completely divided
 Into electrical and mechanical sections (industrial federations, some
administrations) which find some difficulty In accepting the generalizing
approach of the proposal.
However, the committees which Include the workers' trades unions approve of
this approach for safety reasons.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 516 final
                                                     DOCUMENTS
EN                                                                         04 06
                                Catalogue number : CB-CO-91-591-EN-C
                                                             ISBN 92-77-78935-2
Office for Official Publications of the Europeaa Communities
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