Principles of integrated explosion safety
- Design equipment to prevent explosions and limit their effects
Northern Ireland Statutory Rule
2017
United Kingdom
The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017
At a glance
What's here
67 compliance obligations
Who this Act binds
Plus 10 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Requirements applicable to equipment in category M 1 of equipment-group I
- Design and construct Category M1 equipment to prevent ignition in explosive atmospheres
Requirements applicable to equipment in category M 2 of equipment-group I
- Ensure explosive atmosphere protection for Category M 2 equipment
Explosive atmospheres caused by gases, vapours or mists
- Design and construct explosion-proof equipment for gas atmospheres
Explosive atmospheres caused by gases, vapours or mists
- Design and construct equipment to prevent ignition in explosive atmospheres
A conformity assessment body shall have— (a) personnel with technical...
- Have qualified personnel and documented procedures for conformity assessment
A conformity assessment body shall have the means necessary to...
- Ensure your conformity assessment body has necessary resources and equipment
A conformity assessment body shall be able to demonstrate the...
- Conformity assessment body must prove impartiality of management and staff
A conformity assessment body shall have, and shall satisfy the...
- Maintain adequate civil liability insurance for conformity assessment activities
A conformity assessment body shall ensure that its personnel observe...
- Ensure personnel keep information confidential and protect proprietary rights
A conformity assessment body shall participate in, or ensure that...
- Keep informed of standardisation activities and apply coordination group guidance
(1) A conformity assessment body, its top level management and...
- Conformity assessment bodies must stay independent — cannot design, make or sell the products they assess
A conformity assessment body, its top level management and the...
- Stay independent — do not design, make, sell or maintain products you assess
A conformity assessment body, its top level management and the...
- Avoid conflicts of interest in conformity assessment activities
A conformity assessment body shall ensure that the activities of...
- Ensure subsidiaries and subcontractors maintain confidentiality, objectivity and impartiality
A conformity assessment body and its personnel shall carry out...
- Conformity assessment bodies must act with integrity and technical competence
A conformity assessment body shall be capable of carrying out...
- Be able to carry out all notified conformity assessment activities
A notified body shall carry out conformity assessments in accordance...
- Notified bodies must follow correct conformity assessment procedures
A notified body shall inform the Executive of—
Other duties (1) — Crown / regulator
- Notified bodies must report certificate actions and scope changes to the Executive Statutory regulator
A notified body shall make provision in its contracts with...
- Notified bodies must include appeal rights in client contracts
A notified body shall provide other bodies notified under the...
- Share conformity assessment results with other notified bodies
A notified body shall participate in the work of any...
- Participate in the ATEX notified body coordination group
A notified body shall— (a) acknowledge receipt of the technical...
Other duties (1) — Crown / regulator
- Notified body must acknowledge receipt of technical documentation and retain it Statutory regulator
A notified body shall carry out conformity assessments in a...
Other duties (1) — Crown / regulator
- Notified bodies must assess proportionately and avoid unnecessary burdens Statutory regulator
A notified body shall perform its activities taking due account...
Other duties (1) — Crown / regulator
- Notified bodies must tailor assessments to your business size Statutory regulator
A notified body shall respect the degree of rigour and...
Other duties (1) — Crown / regulator
- Notified body must apply appropriate rigour and protection level in conformity assessments Statutory regulator
Where, in the course of the monitoring of conformity following...
Other duties (1) — Crown / regulator
- Notified body must enforce corrective measures and suspend or withdraw certificates for non‑conforming products Statutory regulator
Where the notified body has required a manufacturer to take...
Other duties (1) — Crown / regulator
- Notified body must restrict, suspend or withdraw certificates when corrective measures fail Statutory regulator
Where this paragraph applies, the notified body shall—
Other duties (1) — Crown / regulator
- Notified body must give notice and right of reply before refusing, suspending or withdrawing a certificate or approval Statutory regulator
Browse 60 other Schedules — structural / supplementary
Preliminary observations
Dust deposits
Additional means of protection
Safe opening
Protection against other hazards
Overloading of equipment
Flameproof enclosure systems
Hazards arising from different ignition sources
Hazards arising from static electricity
Hazards arising from stray electric and leakage currents
Hazards arising from overheating
Hazards arising from pressure compensation operations
Hazards arising from external effects
Requirements in respect of safety-related devices
Control and display units
Requirements in respect of devices with a measuring function for explosion protection
Risks arising from software
Integration of safety requirements relating to the system
Hazards arising from power failure
Hazards arising from connections
Placing of warning devices as parts of equipment
Special checking and maintenance conditions
Explosive atmospheres caused by air and dust mixtures
Explosive atmospheres caused by air and dust mixtures
Explosive atmospheres caused by gases, vapours or mists
Explosive atmospheres caused by air and dust mixtures
General requirements
Characteristics of materials
Surrounding area conditions
Pressure-relief systems
Explosion suppression systems
Explosion decoupling systems
Protective systems shall be capable of being integrated into a...
Marking
Instructions
Selection of materials
Design and construction
Enclosed structures and prevention of leaks
A conformity assessment body shall be established in the United...
The personnel responsible for carrying out conformity assessment activities shall...
The remuneration of the top level management and the personnel...
Paragraph 16 does not prevent the personnel from providing information...
A conformity assessment body shall be a third party body...
A body belonging to a business association or professional federation...
Where a notified body finds that essential health and safety...
Paragraph 9 applies where a notified body is minded to—...
Enforcement powers under the 1978 Order
Modifications to the 1978 Order
Compliance notice
Withdrawal notice
Recall notice
Interpretation
Product model/product (product, type, batch or serial number):
Name and address of manufacturer and, where applicable, the authorised...
This declaration of conformity is issued under the sole responsibility...
Object of the declaration (identification of product allowing traceability; it...
The object of the declaration described above is in conformity...
References to the relevant harmonised standards used or references to...
Where applicable, the notified body (name, number) performed (description of...
Additional information: Signed for and on behalf of: (place and...
Design and manufacture in accordance with essential health and safety requirements
- Ensure product design and manufacture meet essential safety requirements
Technical documentation and conformity assessment
- Carry out conformity assessment and prepare technical documentation before placing ATEX products on the market
EU declaration of conformity and CE marking
- You must draw up an EU declaration of conformity and affix CE marking before placing product on market
Retention of technical documentation and EU declaration of conformity
- Keep technical documentation and declaration of conformity for 10 years
Compliance procedures for series production
- Put procedures in place for series production conformity
Monitoring
- Monitor product safety, investigate complaints and keep registers
Labelling and packaging of products
- Label products with identification number before placing on market
Labelling and packaging of products, other than components
- Apply explosion protection marking to products before placing on market
Information identifying manufacturer
- Label products with manufacturer name and contact address
Instructions and safety information
- Provide instructions and safety info in easily understood language
Duty to take action in respect of a product placed on the market which is considered not to be in conformity
- Correct non-conforming products and notify authorities if risk present
Provision of information and cooperation
- Provide information and cooperate with market surveillance authority on request
Authorised representatives
- Appoint an authorised representative in the EU/EEA by written mandate
Prohibition on placing on the market products which are not in conformity
- Do not place non-conforming products on the market
Requirements which shall be satisfied before an importer places a product on the market
- Check manufacturer compliance before importing and selling products for explosive atmospheres
Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements
- Do not place non-conforming products on the market and report risks
Information identifying importer
- Label imported equipment with importer's name and contact address
Instructions and safety information
- Provide instructions and safety information in a language end-users understand
Storage and transport
- Ensure storage and transport conditions do not affect product safety conformity
Monitoring
- Monitor products and keep records of non-conformance and recalls
Duty to take action in respect of a product placed on the market which is considered not to be in conformity
- Take corrective action if you place non-compliant explosive-atmosphere equipment on the market
Provision of information and cooperation
- Provide information and cooperate with the market surveillance authority on request
Retention of technical documentation and EU declaration of conformity
- Keep technical documentation and EU declaration for 10 years
Duty to act with due care
- Act with due care when making products available on the market
Requirements which shall be satisfied before a distributor makes a product available on the market
- Verify product conformity and documentation before placing on the market
Storage and transport
- Ensure storage and transport conditions maintain product safety conformity
Prohibition on making available on the market where product not considered to be in conformity with safety objectives
- Do not place non-conforming products on the market and notify if risk
Duty to take action in respect of products made available on the market which are not in conformity
- Take corrective action for non-conforming products and notify authorities of risk
Provision of information and cooperation
- Provide information and cooperate with market surveillance authority
Identification of economic operators
- Identify your product supply chain to the market surveillance authority on request
Prohibition on improper use of CE marking
- Don't misuse the CE marking or misleading marks
Translation of declaration of conformity
- Translate EU declaration of conformity into English for Northern Ireland market
Conformity assessment procedures
- You must follow the correct conformity assessment procedure for your equipment category
UK(NI) indication
- Affix UK(NI) indication alongside CE marking on equipment for explosive atmospheres
Changes to notifications
- Notified body must transfer or retain files if status lost or activity ceased
Subsidiaries and contractors
- Notified bodies must control subcontractors and subsidiaries
Enforcement action in respect of products which are not in conformity and which present a risk
Other duties (1) — Crown / regulator
- Executive must enforce corrective action for non-conforming explosive atmosphere products Statutory regulator
Enforcement action in respect of products which are in conformity, but present a risk
Other duties (1) — Crown / regulator
- Executive must order risk mitigation or removal of compliant products Statutory regulator
Browse 37 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation
Scope
Exceptions for trade fairs, exhibitions and demonstrations
Cases in which obligations of manufacturers apply to importers and distributors
Presumption of conformity
EU declaration of conformity
CE marking
Register of notified bodies established in the United Kingdom
Notified bodies
Presumption of conformity of notified bodies
Notification
Contents of notification
Monitoring
United Kingdom Accreditation Service
Operational obligations of notified bodies
Designation of market surveillance authority
Enforcement
Enforcement powers
Exercise of enforcement powers
Evaluation of a product presenting a risk
EU safeguard procedure
Enforcement action in respect of formal non-compliance
Restrictive measures
Offences
Penalties
Defence of due diligence
Liability of persons other than principal offender
Time limit for prosecution of offences
Service of documents
Recovery of expenses of enforcement
Action by the Executive
Appeals against notices
Appropriate court for appeals against notices
Transitional provisions
Transitional provision in relation to notification of conformity assessment bodies
Consequential amendments, revocations and savings
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