Brexit

On 1st January 2020 the UK and EU legal systems separated and the UK went in to a transition period and for that year it was business as normal as all EU directives were still valid in the UK i.e. the 2014/34/EU Atex directives was still being implemented up until the end of 2020.

Atex is not product certification but an EU legal framework to allow the sale/use of equipment within the hazardous area and the UK was no longer part of the EU legal system
Full Brexit was implemented as of 1st January 2021 UKCA Mark

  • The Atex directive and Atex certification is no longer valid in the UK
  • Notified Bodies within the UK have technically lost their status so will not be issuing new Atex certification1
  • The current requirements for Atex been transposed to the UK.2
  • UKCA mark should be used in place of the CE mark
  • UK Type certificates should be used..

The hazardous area changes are not backdated so all equipment either installed or within the supply chain can be used.

The manufacturer has an obligation
To draw up a declaration of conformity, or a written attestation of conformity (for components of products), ensure that declaration or attestation accompanies the product; where applicable affix the UKCA marking3 and the specific marking of explosion protection followed by the symbol of the equipment group and category to the product.
Until 31 December 2022

  1. the UKCA marking may be affixed to a label affixed to, or a document accompanying, the product.3
  2. Use CE compliant Atex labelled equipment

Using Atex labelled equipment, by inference temporaily accepts the EU Type certificate but what is not clear is whether the EU DoC, as EU legal document is valid. or must an UK DoC be issued to include relevant to Atex labelling.

Either way in practice it will me little difference to the user as, by either option, they will have fullfilled there duty of care.
For further information please refer to the relevant government guidelines.

Notes

  1. All the former UK Notified bodies have arrangements via group companies within the EU to issue Atex certification. ↩

  2. Via The ProductSafety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 section 25 ammendments toEquipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 ↩

  3. Qualifying Northern Ireland goods can be placed on the GB market with the CE and CE UKNI conformity markings. ↩

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