ATEX, does it affect you?

by Chris Wiggins, Rotork Controls Ltd.

From July 1st 2003 the ATEX directive became mandatory throughout the European Economic Area (EEA), for all installations with potentially explosive atmospheres and for equipment installed in these installations. Much has been published and said about the ATEX directive, but does it affect you? The author trusts the following article will go someway towards answering this question.

What is ATEX? ATEX is an abbreviation of ATmospheres Explosible; it is a European directive based on the new approach and the global approach and conformance to it became mandatory on the 1st July 2003. In fact there are two complementary ATEX directives, namely: ATEX 137 Worker Protection Directive (1999/92/EC); and ATEX 95 Equipment Directive (94/9/EC). Conformance to both became mandatory on the 1st July 2003.
So what is a European directive based on the new approach and the global approach? The single market was created on December 31st 1992 and its cornerstone is the free movement of goods within the EEA (See Table 1)

Table 1: Countries in the European Union and European Economic Area.
(Source: EU Website)

Under the old approach, barriers to trade between member countries could result from differences in national technical standards. These barriers have been removed with the ‘New Approach’ to product regulation and the ‘Global Approach’ to conformity assessment. New approach directives give essential requirements that products placed on the community market must meet, if they are to benefit from free movement within it. The technical specifications of products meeting the essential requirements, set out in a new approach directive, are laid down in harmonised standards.
ATEX 95 is an equipment directive and since July 1st 2003, it is this directive that all new equipment placed on the market and installed in potentially explosive atmospheres must conform to. ATEX 137 is slightly different, in that this is a user directive, not an equipment directive. It is, however still a new approach directive. Since July 1st 2003, all installations in the EEA with potentially explosive atmospheres must conform to the ATEX137 directive.
These two ATEX directives are applicable to gaseous mine (group I) as well as non-mining (Group II) installations and equipment. It is also applicable to combustible dust as well as flammable gas atmospheres.
There are numerous other new approach directives now in force. The directives most relevant to the valve and actuator industry are:

• Machinery directive (98/37/EC)
• Pressure equipment directive (97/23/EC)
• Low voltage equipment directive (73/23/EC)
• Electromagnetic compatibility directive (89/336/EEC).

Equipment must comply with all relevant directives, to ensure no barriers to trade within the EEA. Declaring conformity to all relevant directives, means that the equipment can bear the Community CE mark.
Whilst ATEX covers all approval types used in potentially explosive atmospheres (e.g. intrinsically safe, encapsulated, increased safety, to name some), the majority of Rotork’s actuators use the flameproof (EExd) approved enclosure type and the following is primarily focused around these type enclosures.

ATEX 137 Worker Protection Directive (1999/92/EC)

As explained earlier this is a user directive. It’s full title is: ‘The directive on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres’. This directive establishes a coherent strategy for the protection of workers from the risks of potentially explosive atmospheres, through organisational and technical measures. In simple terms, under this directive it is now mandatory for end users to perform a risk assessment of their installation to assess for the presence of a potentially explosive atmosphere.

Table 2: Classification of Hazardous Areas for Non-Mining (group II) Installations and Equipment

If this risk assessment identifies a potentially explosive atmosphere, the end user must zone classify the installation, as per Table 2. The point of entry of the hazardous area zone must be clearly identified with the appropriate symbol [Figure 1] and with the appropriate zone classification.

Fig. 1: Hazardous area zone symbol

The end user must then ensure that ALL equipment (which has a potential source of ignition) within the hazardous area is suitable for use within its designated area zone classification. The end user is also obliged to ensure this equipment is regularly inspected and maintained to ensure its suitability for use within the designated zone area classification. This inspection and maintenance must be done by competent (trained) personnel. Note: the text above is very much a simplification of this directive and the end user is strongly advised to read the directive in full.

Rotork engineer servicing an actuator

In the UK, ATEX 137 has been implemented through the Dangerous Substances and Explosive Atmospheres Regulation (DSEAR). This regulation was written (and is enforced by) the HSE (Health and Safety Executive); it also incorporates the Chemical Agents Directive (98/24/EC). This is an all-encompassing regulation and the HSE pay particular attention to the procedures and schedules for the regular inspection and maintenance of hazardous area equipment. Such inspection and maintenance must be done by competent (trained) personnel. Maintaining complex equipment such as an electric actuator, to ensure it still conforms to it’s hazardous area approval, is not a simple task. In the author’s opinion, this should be undertaken by the manufacturer wherever possible, or by engineers who have been trained by the manufacturer.. Rotork service engineers are fully trained to maintain and service Rotork actuators, which are for use in hazardous areas and have full access to ALL the relevant approval documentation,.

The question arises as to existing installed equipment and modifications to existing installed equipment. The situation is that any new equipment installed after July 1st 2003 must be ATEX 95 compliant, any modifications or upgrades to existing installed equipment, that affects its hazardous area approval, must be ATEX 95 compliant. This is the link between the ATEX 137 directive and the ATEX 95 directive. It is ATEX 137 that stipulates that only ATEX 95 conformant equipment can be installed in potentially explosive atmospheres from the July 1st 2003. However, by July 1st 2006 all existing installations must be fully ATEX 137 conformant. Does this means that non-ATEX conformant equipment must not be used or installed after this date? This question is becoming one of great debate at committee level.(Delete in Brussels)
ATEX 137 states that ALL potential sources of ignition must be assessed, this covers electrical and non-electrical equipment. Whilst this was already being done by responsible end users, this is a major change to the equipment approval which will be discussed in the following next section.

ATEX 95 Equipment Directive (94/9/EC)
As explained earlier, this is an equipment directive. Its full title is: ‘The directive for equipment and protective systems intended for use in potentially explosive atmospheres’. From July 1st 2003, all equipment (as defined by the directive) for use in potentially explosive atmospheres must conform to this directive before it can be placed on the market and put into service. Being an equipment or trade directive, the ATEX 95 directive is overseen in the UK by the Department of Trade and Industry (DTI) but it is enforced by the HSE.

Fig. 2. hexagonal Ex symbol

Equipment conforming to ATEX 95 must be marked legibly with the hexagonal Ex symbol (fig 2) followed by the equipment group and category, plus the letter G and/or D. For example, II 2 G D (This is group II, category 2 equipment, suitable for use in explosive gas and dust atmospheres). Paragraph 1.0.5 of Annex II gives the full minimum requirements for the marking of ATEX 95 conformant equipment or protective systems. It is this marking that tells the end user the zone areas, as classified by ATEX 137 (see Table 2), the equipment can be installed in. Note that the ATEX 95 category numbers differ from the ATEX 137 zone numbers and this may cause confusion.
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For electrical equipment, compliance with the EN50014 series of standards is still a requirement as part of the conformance to ATEX 95. Where ATEX 95 is different, is that equipment must be assessed for ALL potential sources of ignition, be they electrical or non-electrical. So if a piece of equipment has a potential source of ignition (frictional heat source for instance), it is defined as equipment under the ATEX 95 directive and must comply with it, if it is to be used in a zoned hazardous area. Therefore, equipment with rubbing surfaces, bearings etc., are deemed to have a potential source of ignition and must be assessed under ATEX 95. The problem here is in deciding where to draw the line. To give an example, suppose you manufacture wheelbarrows; clearly a wheelbarrow could be taken in to a hazardous area. Does that mean the wheelbarrow has to be ATEX approved, just in case? It has been difficult to get a black and white answer to this question, but in the author’s opinion, the following is a good ‘due diligence’ rule of thumb. If the equipment is knowingly used in hazardous areas (manual operators for valves being a good example), or it is marketed for use in a hazardous area, then it is the manufacturer’s responsibility to ensure the equipment is ATEX 95 conformant. For general purpose industrial equipment used in hazardous areas, it is the responsibility, under ATEX 137, of the end user and/or the person taking the equipment into the hazardous area, to ensure it is suitable for use within the designated zone classification and in this case, again in the author’s opinion, this responsibility can not be delegated back to the wheelbarrow manufacturer.
What is important to note here is that it is the Essential Health and Safety Requirements (EHSRs), as defined in Annex II of the ATEX 95 directive, that the equipment must conform to. Compliance to a relevant harmonised standard is not necessarily full conformance to the directive. In the case of category 1 and 2 electrical equipment, the assessment must be carried out by a notified body (see later in this article) and an EC Type Examination Certificate issued. For category 3 electrical equipment conformance can be done by self assessment. This is not wholly accepted by all end users and notified bodies will issue type examination certificates (note that they are not, and cannot be, EC type examination certificates). For category 1 non-electrical equipment, the assessment must be done by a notified body and an EC Type Examination Certificate issued. For category 2 and 3 non-electrical equipment, conformance can be done by self assessment, but in the case of category 2 non-electrical equipment the technical file must be lodged with a notified body.
As stated earlier, electrical equipment must comply with the EN 50014 series of standards. This series of standards have been around, in various forms, for many years and are well developed and understood. However, for the assessment of non-electrical equipment and the non-electrical aspects of electrical equipment a new series of harmonised standards (EN13463 series) are being developed. However, at the time of writing only one of this series of standards has been published (EN13463-1, Non-electrical equipment for potentially explosive atmospheres –Part 1: Basic method and requirements).

Declaration of Conformity
Obtaining an EC type examination certificate and/or doing the self assessment plus generating the appropriate technical file, is not quite the end in conforming to ATEX 95. The manufacturer must also issue a Declaration of Conformity as defined in Annex X of the directive and this declaration must accompany each piece of equipment (this is true for all new approach directive equipment, that bears the CE mark). Annex X clearly defines what the Declaration of Conformity must contain. By way of example, Rotork’s IQ Declaration of Conformity is shown in Figure 2.

Fig. 3: A sample Declaration of Conformity (click to enlarge).

Additionally, for category 1 electrical and non-electrical equipment the manufacturer must obtain a quality assurance notification to either Annex IV (Production Quality Assurance) or Annex V (Product Verification) of ATEX 95. For category II electrical equipment (only) the manufacturer must obtain a quality assurance notification to either Annex VI (Conformity to Type) or ANNEX VII (Product Quality Assurance) of ATEX 95. These quality assurance notifications can only be issued by a notified body and to maintain them companies must be audited regularly (every three years) by a notified body. The purpose behind these quality assurance notifications is to address quality assurance issues relating specifically to hazardous area equipment. These issues would not normally be covered by a generic quality assurance system such as ISO9001: 2000, for instance.

Role of the notified body
What are notified bodies and why do we need them? In technical terms, notified bodies are responsible for the work referred to in Article 8 of the ATEX 95 directive. Article 8 covers the issuing of EC Type examination certificates and the relevant quality assurance notifications. In other words, without them it is not possible to obtain ATEX 95 approval. Annex XI of the ATEX 95 directive defines the minimum criteria these bodies must fulfil. The following is the description of their role as described in the European Commission’s ATEX guidelines booklet (First Edition): “Notified bodies provide the professional and independent judgements, which consequently enable manufacturers or their authorised representatives to fulfil the procedures in order to presume conformity to directive 94/9/EC. Their intervention is required for issuing of EC type examination certificates, and for inspection, verification and testing of equipment, protective systems, devices and components before they can be placed on the market and put into service... For the assessment of manufacturer’s quality assurance system in the production phase.”
Virtually all the certification bodies throughout Europe, that issued certificates under the old approach directive have become notified under the new approach, and there are some new notified bodies on the scene as well.
When selecting a notified body, manufacturers are advised to check that the notified body understands the issues relating to their particular approval needs. For a number of years Rotork has used Sira Certification Service for it’s hazardous area approvals, because of their technical competence and understanding of actuator issues and because of their global approach to hazardous area approvals (by obtaining reciprocal agreements on testing etc., with approval bodies outside the EEA). Commenting on what impact ATEX has had on Sira and the future with this directive, Mike Shearman (General Manager for Sira Certification Service) said:

“The ATEX directive has benefited all European notified bodies because many previously certified products have had to undergo re-certification. Sira has tried to minimise the impact on manufacturers by accepting previous data and only applying the requirements under ATEX where they are different. This has lead to a large number of clients using Sira for ATEX work. Many manufacturers have taken this opportunity also to streamline their product ranges and gain approvals world-wide using Sira’s many international mutual recognition agreements.
The scope of the directive also encompasses non-electrical equipment and dust zones. This is a new area of business that continues to increase even though ATEX is now mandatory. A large number of non-electrical equipment manufacturers need advice as the ATEX requirements are completely new and daunting.
The future of the directive is difficult to determine but is likely that increasing compatibility with the IECEx scheme through the merging of technical standards will continue. This could lead to less certification being required for world markets and perhaps fewer certification bodies. Hence, choosing the right certification body is important for long term stability. A greater emphasis on market surveillance is likely to emerge. As a consequence, manufacturers will need to ensure they retain their understanding of responsibilities under all CE marking directives, particularly those individuals that sign the EC Declaration of Conformity.”

What will be the global impact of ATEX?
As Mike commented above, at present this is a very difficult question to answer. The International Electrotechnical Commission (IEC) have been developing the IECEx scheme, that Mike referred to above, for a number of years now. The primary purpose of this scheme is to try and develop a hazardous area certificate that is accepted globally. A recent IEC market survey showed overwhelming desire from manufacturers to have a universal certificate. The scheme is adopting ATEX principles and if this scheme becomes widely accepted then ATEX could have a tremendous global impact.

Outstanding and future ATEX issues
The issue of what constitutes a substantial modification to existing installed equipment (and hence has to be ATEX conformant) and what constitutes a spare (and hence does not have to be ATEX conformant), has been discussed at length at committee level and guidelines laid down, but this still has to be tested in the field.
The issue of assemblies is just coming to the fore. Does an actuated valve assembly have to have a declaration of conformity in its own right, or are the separate declarations of conformity for the actuator and valve sufficient? The author understands that this is a point being discussed at committee level.
It is to be expected that the end user will come under increasing pressure to lay down schedules for the regular inspection, maintenance and repair of hazardous area equipment. The competence and training of the personnel to do these tasks will also have to be defined.
But by far the biggest unanswered question is, what is going to be the impact of July 1st 2006? By this date all installations must be ATEX 137 compliant. Does this really mean that by this date, the end user is going to have to replace all his non-ATEX conformant equipment with ATEX conformant?

Conclusion
As the above shows, it is early days since the ATEX directive became mandatory and there are still some significant issues to be resolved. But hopefully this article will have gone some way to answering the question of: ‘ATEX, does it affect you?’

About the authorChris Wiggins is Chief Approvals Engineer for Rotork Controls Ltd. He is responsible for obtaining all necessary national hazardous area approvals for Rotork’s extensive range of multi-turn and quarter-turn electric valve actuators. This involves interfacing with European certification bodies but also USA, Canada, South America, Japan and the former Eastern block countries to name a few. Chris is a member of the L10 and GEL31/12 committees and has sat on the recent DTI ATEX initiative committee, ATAC (ATEX Action Committee). L10 was established in 1995 and is the DTI’s and HSE’s consultation route with UK industry on matters associated with the ATEX directive. It is also the UK body authorised to represent the UK member body interests in the IECEx scheme. GEL31/12 is the UK committee on flameproof standards for both Cenelec and IEC. About Rotork Rotork manufacture an extensive range of (ATEX approved) multi-turn and quarter turn electric valve actuators suitable for installation in potentially explosive atmospheres. In addition to the IQ range, and Rotork’s new intelligent non intrusive, quarter turn IQT range of actuators, which are fully ATEX conformant, Rotork now have ATEX conformant versions of the A Range and AQ range of actuators. Additionally Rotork can offer an extensive range of ATEX conformant manual operators through their Rotork Gears range of gearboxes.

This article was originally published in the October 2003 issue of Valve World magazine.