New, Unambiguous Regulation
In addition, it must be noted that plant operators can become “manufacturers” under certain circumstances and are therefore also subject to the new ATEX directive 2014/34/EU. This refers to the in-house production, which was in the past only viewed as installation. The gray areas in the old directive are more clearly regulated in the new one. According to PTB, all areas that could be theoretically sold because they are, for example, mobile must be viewed as in-house production. In addition to the hazard assessment and the explosion protection document, this also requires an EC conformity declaration and an EC type test certificate. The new explosion protection regulation defines §5 “General obligations of the manufacturer” this way: “If the manufacturer markets products or if the manufacturer uses them first for its own purposes, then the manufacturer shall ensure that they are designed and produced in accordance with the major health and safety requirements per appendix II of the 2014/34/EU directive.” This means that the respective documents must be complete before commissioning. The new ATEX directive specifies higher requirements for “recognized” bodies, with respect to test options and equipment, among other things, which must now be verified in Brussels. In addition, stricter requirements were established for market monitoring. The market supervisory authority will be strengthened. Each economic actor, including the dealer, must provide information to the market supervisory authority about from whom the product was purchased and to whom it was sold.