Regulation 10

SCHEDULE 9 E+W+S(Annex VI of the ATEX Directive)MODULE: CONFORMITY TO TYPE

1.  This module describes that part of the procedure whereby the manufacturer or his authorized representative established within the [F1 European Union] ensures and declares that the equipment in question is in conformity with the type as described in the EC-type-examination certificate and [F2 satisfies] the requirements of the Directive applicable to [F3 it]. The manufacturer or his authorized representative established within the [F1 European Union] shall affix the CE marking to each piece of equipment and draw up a written declaration of conformity. E+W+S

Textual Amendments

F1 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F2 Word in Sch. 9 s. 1 substituted (21.12.2001) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2001 (S.I. 2001/3766), regs. 1, 3(15)(a)(i)

F3 Word in Sch. 9 s. 1 substituted (21.12.2001) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2001 (S.I. 2001/3766), regs. 1, 3(15)(a)(ii)

Commencement Information

I1 Sch. 9 para. 1 in force at 1.3.1996, see reg. 1(1)

2.  The manufacturer shall take all measures necessary to ensure that the manufacturing process assures compliance of the manufactured equipment F4 ... with the type as described in the EC-type-examination certificate and with the relevant requirements of the Directive. E+W+S

Textual Amendments

F4 Words in Sch. 9 s. 2 omitted (21.12.2001) by virtue of The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres (Amendment) Regulations 2001 (S.I. 2001/3766), regs. 1, 3(15)(b)

Commencement Information

I2 Sch. 9 para. 2 in force at 1.3.1996, see reg. 1(1)

3.  The manufacturer or his authorised representative shall keep a copy of the declaration of conformity for a period ending at least 10 years after the last piece of equipment was manufactured. Where neither the manufacturer nor his authorized representative is established within the [F1 European Union], the obligation to keep the technical documentation available shall be the responsibility of the person who places the equipment or protective system on the [F1 European Union] market. E+W+S

• For each piece of equipment manufactured, tests relating to the anti-explosive protection aspects of the product shall be carried out by the manufacturer or on his behalf. The tests shall be carried out under 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 number during the manufacturing process.

Textual Amendments

F1 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

Commencement Information

I3 Sch. 9 para. 3 in force at 1.3.1996, see reg. 1(1)