WHAT IS THE AIM OF THE DIRECTIVE?
- Directive 2014/34/EU lays down uniform, European Union (EU)-wide rules on the sale and putting into service of equipment and protective systems intended for use in potentially explosive atmospheres.
- The directive aims to ensure that products fulfil certain requirements to provide a high level of protection of the health and safety of people, especially workers, and, where appropriate, the protection of domestic animals and property.
- It applies to a wide range of products, including equipment used on fixed offshore oil and gas platforms, in petrochemical plants, mines, flour mills (airborne flour particles are highly flammable) and other areas where a potentially explosive atmosphere may be present.
KEY POINTS
The directive defines the responsibilities of manufacturers, importers and distributors in the context of the sale of equipment and protective systems for use in potentially explosive atmospheres.
- All products on sale in the EU must bear the CE conformity marking to show that they meet all the essential safety requirements of EU legislation.
- Before obtaining the CE marking, the manufacturer must conduct a safety and conformity assessment1 and establish technical documentation for products.
- Importers must check that manufacturers have carried out conformity assessments correctly. Where this is not the case, they must inform the safety-monitoring authority.
- All necessary documentation must be recorded and kept for 10 years.
- Documentation and safety information must be written in a language easily understood by end users.
- Manufacturers and importers must indicate their postal address on their products.
- Manufacturers may use electronic means to provide the authorities responsible for safety monitoring with the information that is necessary to demonstrate a product’s conformity.
In addition, the directive specifies the steps to be taken by national authorities responsible for safety monitoring to identify and prevent the import of dangerous products from non-EU countries.
Implementing acts
The European Commission is empowered to adopt implementing acts.
The implementing decisions on the publication of the list of harmonised standards for equipment and protective systems intended for use in potentially explosive atmospheres are published and updated regularly.
Internal market emergency mode
Amending Directive (EU) 2024/2749 seeks to avoid disruptions to the internal market in the event of an emergency by ensuring that, once an internal market emergency mode, as set out in Regulation (EU) 2024/2747 (the Internal Market Emergency and Resilience Act), has been activated by means of an implementing act adopted by the Council of the European Union, designated crisis-relevant goods and services2 can be placed on the market as rapidly as possible.
Directive (EU) 2024/2749 amends Directive 2014/34/EU setting out how these emergency procedures would apply. Among other things, the new rules:
- require conformity-assessment bodies to prioritise applications for conformity of crisis-relevant products over those that are not;
- allow EU Member States, on an exceptional basis and where there is a duly justified request, to temporarily authorise the placing on the market of equipment without carrying out the normal conformity-assessment procedures, where the involvement of a notified body is mandatory and can ensure that all essential requirements are met;
- allow the competent national authorities to presume that equipment manufactured in accordance with EU standards, relevant applicable national or relevant applicable international standards, identified by the Commission as suitable to reach conformity and ensuring an equivalent level of protection to that offered by the harmonised standards, complies with the relevant applicable essential requirements;
- give the Commission the possibility to adopt, by means of implementing acts, common specifications on which the manufacturers can rely in order to benefit from a presumption of conformity with the applicable essential requirements (implementing acts laying down such common specifications remain applicable for the duration of the internal market emergency mode).
FROM WHEN DO THE RULES APPLY?
Directive 2014/34/EU had to be transposed into national law by 19 April 2016. These rules have applied since 20 April 2016.
The rules adopted under amending Directive (EU) 2024/2749 have to be transposed into national law by 29 May 2026 and will apply from 30 May 2026.
Directive 2014/34/EU recast and repealed Directive 94/9/EC with effect from 20 April 2016.
BACKGROUND
For further information, see:
KEY TERMS
- Conformity assessment. The process confirming that a product satisfies the necessary process, service, system, person or body requirements.
- Crisis-relevant goods and services. Goods or services that are non-substitutable, non-diversifiable or indispensable in the maintenance of vital societal functions or economic activities in order to ensure the proper functioning of the internal market and its supply chains, that are considered essential for responding to a crisis and that are listed in an implementing act adopted by the Council.
MAIN DOCUMENT
Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (OJ L 96, 29.3.2014, pp. 309–356).
RELATED DOCUMENTS
Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) (OJ L, 2024/2747, 8.11.2024).
Directive (EU) 2024/2749 of the European Parliament and of the Council of 9 October 2024 amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2014/29/EU, 2014/30/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regards emergency procedures for the conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency (OJ L, 2024/2749, 8.11.2024).
Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 23, 28.1.2000, pp. 57–64).
Successive amendments to Directive 1999/92/EC have been incorporated into the original text. This consolidated version is of documentary value only.
