ATEX DIRECTIVES

ATEX 95 EQUIPMENT directive 94/9/EC, Equipment and protective systems intended for

use in potentially explosive atmospheres.

Applicable up to 19 April 2016 but superseded by Directive 2014/34/EU as of 20 April 2016.

The regulations apply to all equipment intended for use in explosive atmospheres, whether
electrical or mechanical, including protective systems.

There are three preconditions for the directive to apply: the equipment a) must have its own
effective source of ignition; b) be intended for use in a potentially explosive atmosphere (air
mixtures); and c) be under normal atmospheric conditions.

The directive also covers components essential for the safe use and safety devices directly
contributing to the safe use of the equipment in scope. These latter devices may be outside the
potentially explosive environment.

Manufacturers/suppliers (or importers, if the manufacturers are outside the EU) must ensure that
their products undergo appropriate conformity procedures involving testing and certification by a
‘third-party’ certification body (known as a Notified Body).

Manufacturers/suppliers can ‘self-certify’ Category 3 equipment (technical dossier including

drawings, hazard analysis and users manual in the local language) and Category 2 non-
electrical equipment, but for Category 2 the technical dossier must be lodged with a notified
body. 

There are four ATEX classification: 1. Industrial or Mining Application; 2. Equipment Category; 3.
Atmosphere; and 4. Temperature.

Effective ignition sources are:

 Lightning strikes.
 Open flames.
 Mechanically generated impact sparks.
 Mechanically generated friction sparks.
 Electric sparks.
 High surface temperature.
 Electrostatic discharge.
 Radiation.
 Adiabatic compression.

ATEX 2014/34/EU Guidelines 2nd edition December 2017

§34 Place of Intended Use

Equipment may have an internal explosive mixture (without limitation to dangerous

quantities), which has an interface in the sense of a spreading of the combustion to a
potentially explosive atmosphere even in the case it is not installed completely inside a
potentially explosive atmosphere.

It is important to underline in this context how machinery having a potentially explosive

atmosphere inside under operating conditions, but having no interface to external potentially
explosive atmospheres has to be considered. Such machines, as an integral whole, do not
fall under scope of the ATEX Directive 2014/34/EU.
However, the essential health and safety requirement 1.5.7 "Explosion" in Annex I to the
Machinery Directive 2006/42/EC (see section § 233), requires that "Machinery must be
designed and constructed in such a way as to avoid any risk of explosion posed by the
machinery itself or by gases, liquids, dust, vapours or other substances produced or used
by the machinery.

§74 Obligations of manufacturers

On the basis of obligations stated in the ATEX Directive 2014/34/EU, the manufacturer
bears responsibility for:
 undertaking an analysis to conclude if the product is subject to the Directive and which
requirements apply (as explained in section § 32);
 design and construction of the product in accordance with the essential health and safety
requirements laid down in the Directive;
 following the procedures for the assessment of the conformity of the product with the
essential health and safety requirements laid down in the Directive (see Article 13);
 signing the EU declaration of conformity or the written attestation of conformity;
 providing marking and instructions for safe use, maintenance etc. as described in Annex II
to the Directive.
Product Categories

§133 Classification of equipment-groups into categories

Equipment-group II comprises equipment intended for use in other places likely to become
endangered by explosive atmospheres.
§ 136 Equipment-group II, category 1 ….products designed to be capable of remaining
within their operational parameters, ensuring a very high level of protection … in areas in
which explosive atmospheres … are highly likely to occur and are present continuously, for
long periods of time or frequently.
§ 137 Equipment-group II, category 2 …. Ditto … are likely to occur.
§ 138 Equipment-group II, category 3 … Ditto … are unlikely to occur and if they do occur,
do so infrequently and for a short period of time only.

§142 Principles of integrated explosion safety.

“the manufacturer must take measures with respect to the risks of explosion. However, in most
cases he will not be in the position to understand the possible extent of the adverse
consequences of an explosion (as part of the overall explosion risk) since this is solely
dependent on the particular circumstances at the users` premises. So the manufacturer's risk
assessment will in general be restricted to and be focussed on the assessment of the ignition
hazard (again part of the explosion risk) or the explosion control function for a protective system
and safety devices.”

§ 142 Risk assessment for ATEX products

To meet the requirements of Directive 2014/34/EU it is necessary to conduct a risk
assessment process. In principle the risk assessment comprises of four steps40:

1) Hazard identification: a systematic procedure for finding all of the hazards, which
are associated with the products. Once a hazard has been recognized, the design
can be changed to minimise it, whether or not the degree of risk has been
estimated. Unless the hazard is recognized it cannot be addressed in the design.
 2) Risk estimation: determination of the probability of occurrence of the identified
hazards (and of the levels of severity of the possible harm of the considered
hazards) 41.

3) Risk evaluation: comparison of the hazards estimated with criteria in order to decide
whether the risk is acceptable or whether the product design must be modified in
order to reduce the risk.

4) Risk reduction option analysis: the final step of risk assessment is the process of
identifying, selecting and modifying design changes which might reduce the overall
risk from products. Although risks can always be reduced further they can seldom
be reduced to zero except by eliminating the activities.

Footnote 40 : For further information on risk assessment, see EN 1127-1 Explosive

atmospheres - Explosion prevention and protection - Part 1: Basic concepts and
methodology. For worked examples, see EN 13463-1 Non-electrical equipment for use
in potential explosive atmospheres - Part 1: Basic methods and requirements.

Footnote 41: See as well EN 15198 Methodology for the risk assessment of non-
electrical equipment and components for intended use in potentially explosive
atmospheres and EN ISO 14121-1 Safety of machinery - Risk assessment - Part 1:
Principles).
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Annex II
1. Common requirements for Equipment and protective systems
1.0. General requirements
1.0.4. Surrounding area conditions
Equipment and protective systems must be so designed and constructed as to be
capable of coping with actual or foreseeable surrounding area conditions.

The surrounding area conditions may include:

 ambient temperature range;
 ambient moisture level;
 the effect of additional sources of heat or cooling (such as mounting on a heated
process vessel);
 exposure to known chemical agents (including a salt atmosphere);
 exposure to vibration or other physical forces (including impact);
 exposure to light (particularly relevant for plastic materials).
ATEX 137 WORKPLACE directive 99/92/EC.

The ATEX Directive 99/92/EC (also known as ‘ATEX 137’ or the 'ATEX
Workplace Directive’)

In Europe, ATEX directive 99/92/EC sets out the minimum requirements for improving the
health and safety protection of workers potentially at risk from explosive atmospheres. The
full text of the Directive can be downloaded as a pdf (ATEX137), but in summary:

Article 1
Object and scope
1. This Directive, which is the 15th individual Directive within the meaning of Article 16(1) of
Directive 89/391/EEC, lays down minimum requirements for the safety and health protection
of workers potentially at risk from explosive atmospheres as defined in Article 2.2.

2. This Directive shall not apply to:

a) areas used directly for and during the medical treatment of patients;(
b) the use of appliances burning gaseous fuels in accordance with Directive 90/396/EEC(7);
(c) the manufacture, handling, use, storage and transport of explosives or chemically
unstable substances;(
d) mineral-extracting industries covered by Directive 92/91/EEC(8) or Directive
92/104/EEC(9);
(e) the use of means of transport by land, water and air, to which the pertinent provisions of
the international agreements (e.g. ADNR, ADR, ICAO, IMO, RID), and the Community
Directives giving effect to those agreements, apply. Means of transport intended for use in a
potentially explosive atmosphere shall not be excluded.

3. The provisions of Directive 89/391/EEC and the relevant individual Directives are fully
applicable to the domain referred to in paragraph 1, without prejudice to more restrictive
and/or specific provisions contained in this Directive.

Article 2
For the purposes of this Directive, "explosive atmosphere" means a mixture with air, under
atmospheric conditions, of flammable substances in the form of gases, vapours, mists or
dusts in which, after ignition has occurred, combustion spreads to the entire unburned
mixture.

OBLIGATIONS OF THE EMPLOYER

Article 3 Prevention of and protection against explosions

With a view to preventing, within the meaning of Article 6(2) of Directive 89/391/EEC, and
providing protection against explosions, the employer shall take technical and/or
organisational measures appropriate to the nature of the operation, in order of priority and in
accordance with the following basic principles:- the prevention of the formation of explosive
atmospheres, or where the nature of the activity does not allow that,- the avoidance of the
ignition of explosive atmospheres, and- the mitigation of the detrimental effects of an
explosion so as to ensure the health and safety of workers. These measures shall where
necessary be combined and/or supplemented with measures against the propagation of
explosions and shall be reviewed regularly and, in any event, whenever significant changes
occur.
Article 4 Assessment of explosion risks
1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC
the employer shall assess the specific risks arising from explosive atmospheres, taking
account at least of:- the likelihood that explosive atmospheres will occur and their
persistence,- the likelihood that ignition sources, including electrostatic discharges, will be
present and become active and effective,- the installations, substances used, processes,
and their possible interactions,- the scale of the anticipated effects. Explosion risks shall be
assessed overall.

2. Places which are or can be connected via openings to places in which explosive
atmospheres may occur shall be taken into account in assessing explosion risks.

Article 5 General obligations

To ensure the safety and health of workers, and in accordance with the basic principles of
risk assessment and those laid down in Article 3, the employer shall take the necessary
measures so that:- where explosive atmospheres may arise in such quantities as to
endanger the health and safety of workers or others, the working environment is such that
work can be performed safely,- in working environments where explosive atmospheres may
arise in such quantities as to endanger the safety and health of workers, appropriate
supervision during the presence of workers is ensured in accordance with the risk
assessment by the use of appropriate technical means.

Article 6 Duty of coordination

Where workers from several undertakings are present at the same workplace, each
employer shall be responsible for all matters coming under his control. Without prejudice to
the individual responsibility of each employer as provided for in Directive 89/391/EEC, the
employer responsible for the workplace in accordance with national law and/or practice
shall coordinate the implementation of all the measures concerning workers' health and
safety and shall state, in the explosion protection document referred to in Article 8, the aim
of that coordination and the measures and procedures for implementing it.

Article 7 Places where explosive atmospheres may occur

1. The employer shall classify places where explosive atmospheres may occur into zones in
accordance with Annex I.
2. The employer shall ensure that the minimum requirements laid down in Annex II are
applied to places covered by paragraph 1.3. Where necessary, places where explosive
atmospheres may occur in such quantities as to endanger the health and safety of workers
shall be marked with signs at their points of entry in accordance with Annex III.

Article 8 Explosion protection document

In carrying out the obligations laid down in Article 4, the employer shall ensure that a
document, hereinafter referred to as the "explosion protection document", is drawn up and
kept up to date. The explosion protection document shall demonstrate in particular:- that the
explosion risks have been determined and assessed,- that adequate measures will be taken
to attain the aims of this Directive,- those places which have been classified into zones in
accordance with Annex I,- those places where the minimum requirements set out in Annex
II will apply,- that the workplace and work equipment, including warning devices, are
designed, operated and maintained with due regard for safety,- that in accordance with
Council Directive 89/655/EEC(10), arrangements have been made for the safe use of work
equipment. The explosion protection document shall be drawn up prior to the
commencement of work and be revised when the workplace, work equipment or
organisation of the work undergoes significant changes, extensions or conversions. The
employer may combine existing explosion risk assessments, documents or other equivalent
reports produced under other Community acts.

Article 9 Special requirements for work equipment and workplaces

1. Work equipment for use in places where explosive atmospheres may occur which is
already in use or is made available in the undertaking or establishment for the first time
before 30 June 2003 shall comply from that date with the minimum requirements laid down
in Annex II, Part A, if no other Community Directive is applicable or is so only partially.

2. Work equipment for use in places where explosive atmospheres may occur which is
made available in the undertaking or establishment for the first time after 30 June 2003 shall
comply with the minimum requirements laid down in Annex II, Parts A and B.

3. Workplaces which contain places where explosive atmospheres may occur and which
are used for the first time after 30 June 2003 shall comply with minimum requirements set
out in this Directive.

4. Where workplaces which contain places where explosive atmospheres may occur are
already in use before 30 June 2003, they shall comply with the minimum requirements set
out in this Directive no later than three years after that date.

5. If, after 30 June 2003, any modification, extension or restructuring is undertaken in

workplaces containing places where explosive atmospheres may occur, the employer shall
take the necessary steps to ensure that these comply with the minimum requirements set
out in this Directive
DSEAR

In Great Britain the requirements of Directive 99/92/EC were put into effect through
regulations 7 and 11 of the Dangerous Substances and Explosive Atmospheres
Regulations 2002 (DSEAR).

Reg 4 Duties of Employer

Reg 5 Risk Assessment
Reg 6 Risk Reduction
Reg 7 Classify Hazardous Areas
Reg 8 Emergency Response
Reg 9 Communication and Training
Reg 10 Equipment Marking
Reg 11 Co-ordination

Under DSEAR Reg 4, employers must

 find out what dangerous substances are in their workplace and what the risks are; to
include
(a) determination of the hazardous properties of the dangerous substance(s);
(b) identify those different groups of workers and people who may be harmed and
the likelihood and severity of the consequences;
(c) consider any employees who may be at increased risk because of lack of
awareness, eg inexperienced trainees and those under 18;
(d) consider others including workers of another employer in the workplace
Regulation 5 ACOP 5 Health and Safety Executive Dangerous substances and
explosive atmospheres Page 27 of 120 or nearby, members of the public and other
visitors, both on and off site;
(e) satisfy themselves that where a ‘model’ risk assessment is being used from
plants elsewhere using similar processes, in each case, the model: (i) reflects the
core hazards; (ii) is adapted to the detail of the particular situation; (iii) is appropriate
to the type of work.
Under DSEAR Reg 5, employers must
To identify hazardous and non-hazardous areas, and then subsequently to assign
zones to those areas classified as hazardous, an assessment should consider
matters including:
(a) the hazardous properties of the dangerous substances involved;
(b) the amount of dangerous substances involved;
(c) the work processes, and their interactions, including any cleaning, repair or
maintenance activities;
(d) the temperatures and pressures at which the dangerous substances will be
handled;
(e) the containment system and controls provided to prevent liquids, gases,
vapours or dusts escaping into the general atmosphere of the workplace;
(f) any explosive atmosphere formed within an enclosed plant or storage vessel;
(g) any measures provided to ensure that any explosive atmosphere does not
persist for an extended time, e.g. ventilation.
 The recorded risk assessment should follow regulation 5(4) and:
(a) describe the relevant workplace activity;
(b) identify the dangerous substances in the workplace and the risks they present;
(c) identify how risks arise including heat effects on the substances and how all risks
impact on those affected;
(d) record additional information where an explosive atmosphere may occur;
(e) take into account the effects of all measures, including those under DSEAR
which have been or will be taken to eliminate or control risks. This includes: (i)
zoning and hazardous area classification; (ii) equipment used; (iii) co-ordination
between employers; (iv) verification of overall explosion safety by a competent
person as required by regulation 7(4).
Under Reg 6 Employers must
 put control measures in place to either remove those risks or, where this is not
possible, control them
(a) the adequacy of separation by distance or barrier;
(b) the design standards for the installation together with those for inspection and
maintenance;
(c) protection from unauthorised access;
(d) adequate distance from potential ignition sources so that any gas or vapour from
any dangerous substance will have dispersed sufficiently to be rendered non-
flammable before reaching these;
(e) protection of the storage or process area from fires occurring elsewhere including
the spread of fires or explosions through interconnected plant and equipment and to
other parts of the premises;
(f) ensuring thermal radiation effects from fires in the locality do not threaten
dangerous substances;
(g) avoidance and minimisation of: (i) risk of spillage; (ii) explosive atmospheres
within and outside of plant and equipment; (iii) unintentional or uncontrolled chemical
reactions; (iv) ignitions of dangerous substances and explosive atmospheres;
(h) provision of safe access to the emergency services for firefighting and rescue;
(i) minimising the number of people exposed to any potential explosion and the risk
of a fire preventing or delaying the escape of individuals;
(j) training and supervision of site operatives, taking into consideration incidents and
emergencies.
 put controls in place to reduce the effects of any incidents involving dangerous
substances
(a) the effect of the measures aimed at preventing an incident;
(b) the effect of the control measures aimed at preventing its escalation; and (c) the
effect of the mitigation measures to limit the effects of an incident, including the
procedures to deal with accidents, incidents and emergencies.
Under Reg 7 Employers must
 identify and classify areas of the workplace where explosive atmospheres may occur
and avoid ignition sources (from unprotected equipment, for example) in those areas.
The requirement is that Employers must classify areas where hazardous explosive
atmospheres may occur into zones. The classification given to a particular zone, and its
size and location, depends on the likelihood of an explosive atmosphere occurring and
its persistence if it does.
 Zone 0 and 20 require Category 1 marked equipment, zone 1 and 21 require Category 2
marked equipment and zone 2 and 22 require Category 3 marked equipment. 

Under Reg 8 Employers must

 prepare plans and procedures to deal with accidents, incidents and emergencies
involving dangerous substances
The arrangements include first aid, safety drills and testing, information on hazards,
warning and response systems and means of escape

Under Reg 9 Employers must

 make sure employees are properly informed about and trained to control or deal with
the risks from the dangerous substances.
Appropriate information, training and instruction should be given to contractors and
employees on the dangerous substances present together with information on the
hazards, risks, precautions and actions necessary for them to remain safe.

Under Reg 10 Employers must

 ensure that the contents of those containers and pipes, together with the nature of
those contents and any associated hazards, are clearly identifiable

Under Reg 11 Employers must

 co-ordinate explosion protection measures where employers share the same
workplace.