reg 36A Obligations which are met by complying with obligations in the ATEX Directive
(1) In this regulation— (a) any reference to an Article or an Annex is a reference to an Article or an Annex of the ATEX Directive; (b) “ CE marking ” has the meaning given to it in Article 2(26); and (c) “ harmonised standard ” has the meaning given to in in Article 2(18). (2) ... Paragraph (3) applies where, before placing the product on the market, the manufacturer— (a) ensures that the product has been designed and manufactured in accordance with the essential health and safety requirements set out in Annex II; (b) ensures that the relevant conformity assessment procedures that apply to that product in accordance with Article 13(1) and (2) have been carried out; (c) draws up the technical documentation referred to in Annexes III to IX; (d) ensures that the records and correspondence relating to the conformity assessment procedures are prepared in or translated into English; (e) affixes a CE marking and the inscriptions in accordance with Articles 15 and 16(1) to (4); (f) draws up an EU declaration of conformity, in accordance with Article 14; and (g) ensures that the declaration of conformity is prepared in or translated into English. (3) Where this paragraph applies— (a) the requirements of regulations 5, 6, 7(1), (3) and 7(6) are to be treated as being satisfied; (b) regulations 2(a), 7(6), 8, 9(2), 17(4), 36 and 59 apply subject to the modifications in paragraph (10); (c) Part 3 does not apply; and (d) regulation 57 does not apply. (4) ... Paragraph (5) applies where, before placing a product on the market, the importer ensures that— (a) the relevant conformity assessment procedure referred to in Article 13 has been carried out; (b) the manufacturer has drawn up the technical documents relevant to the conformity assessment procedure followed; and (c) the product bears the CE marking and inscriptions referred to in point 1.0.5 of Annex II. (5) Where this paragraph applies— (a) the requirements of regulation 19(1)(a) to (c) are to be treated as being satisfied; and (b) regulations 2(a),18, 23 and 27 apply subject to the modifications in paragraph (10). (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Paragraph (9) applies where, before making a product available on the market, a distributor ensures that the product bears the CE marking and inscriptions referred to in point 1.0.5 of Annex II. (9) Where this paragraph applies— (a) regulation 29(1)(a)(i) is to be treated as being satisfied; and (b) regulations 2(a), 30 and 31(1) apply subject to the modifications in paragraph (10). (10) The modifications referred to in subparagraphs (3)(b), (5)(b) and (9)(b) are that— (a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity; (b) any reference to “UK marking” is to be read as reference to the CE marking; (c) any reference to “ essential health and safety requirements ” is to be read as a reference to the essential health and safety requirements referred to in Annex II; (d) any reference to “designated standard” is to be read as a reference to a harmonised standard; (e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the relevant conformity assessment procedures referred to in Article 13; (f) any reference to “ technical documentation ” is a reference to the technical documentation referred to in Annexes III to IX.