---
title: "ATEX — ATEX Directive"
description: "The ATEX Directive requires equipment and protective systems for use in potentially explosive atmospheres, and their components, to meet essential health and safety requirements and carry the CE and explosion-protection markings, binding manufacturers, importers and distributors. It has applied since 20 April 2016; emergency procedures added by Directive (EU) 2024/2749 apply from 30 May 2026."
type: "guide"
url: "https://www.conphora.com/regulations/atex/"
markdown: "https://www.conphora.com/regulations/atex.md"
locale: "en"
language: "en"
published: "2014-04-18"
updated: "2026-09-11"
author: "Conphora compliance team"
publisher: "Conphora"
reference: "Directive 2014/34/EU"
celex: "32014L0034"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0034"
tags: ["ATEX", "CE / Product Safety"]
license: "Free to quote with attribution and a link to the page"
---

# ATEX — ATEX Directive

The ATEX Directive requires equipment and protective systems for use in potentially explosive atmospheres, and their components, to meet essential health and safety requirements and carry the CE and explosion-protection markings, binding manufacturers, importers and distributors. It has applied since 20 April 2016; emergency procedures added by Directive (EU) 2024/2749 apply from 30 May 2026.

## Key facts

- **Official title:** 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)
- **Reference:** Directive 2014/34/EU
- **CELEX:** 32014L0034
- **Act type:** Directive
- **In force:** 2014-04-18
- **Applies from:** 2016-04-20
- **Enforced by:** National market surveillance authorities enforce the national laws transposing the directive with the powers of Regulation (EU) 2019/1020, which lists the directive in its Annex I (Article 34 of the directive still cites Regulation (EC) No 765/2008, read as Regulation (EU) 2019/1020 since 16 July 2021); in Denmark, Sikkerhedsstyrelsen (since January 2026 the Markedsovervågning department of Erhvervsstyrelsen) has controlled all products under the directive since 1 December 2018 under executive order nr. 484 of 28 May 2026 on products for use in a potentially explosive atmosphere (in force since 30 May 2026, replacing nr. 811 of 3 June 2022), issued under the Danish product act, whose § 2 lists the directive and whose § 9 makes Erhvervsstyrelsen the control authority. The toolkit is corrective action within a set period, prohibition or restriction of the making available, withdrawal or recall, orders to end formal non-compliance such as a missing CE or Ex marking, declaration or attestation of conformity, and national penalties that must be effective, proportionate and dissuasive and may include criminal penalties for serious infringements; in Denmark fines, and up to two years of imprisonment in aggravating circumstances.
- **Category:** CE / Product Safety

## Who it applies to

**Covered by the act:** Equipment intended for use in potentially explosive atmospheres: machines, apparatus, fixed or mobile devices, control components and instrumentation and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy or the processing of material and are capable of causing an explosion through their own potential sources of ignition; Protective systems: devices other than components of equipment which are intended to halt incipient explosions immediately or to limit the effective range of an explosion and are made available separately as autonomous systems; Safety devices, controlling devices and regulating devices intended for use outside potentially explosive atmospheres but required for or contributing to the safe functioning of equipment and protective systems with respect to the risks of explosion; Components intended to be incorporated into such equipment and protective systems, meaning items essential to their safe functioning but with no autonomous function; Both equipment-group I (underground parts of mines and surface installations of mines endangered by firedamp or combustible dust, categories M1 and M2) and equipment-group II (all other places liable to be endangered by explosive atmospheres of gases, vapours, mists or dusts, categories 1, 2 and 3); Products made available or put into service on the Union market, including products a manufacturer uses for its own purposes, and the economic operators in the chain: manufacturers, authorised representatives, importers and distributors

**Derived and downstream products:** Means of transport are excluded, but vehicles intended for use in a potentially explosive atmosphere are not excluded from the directive (Art. 1(2)(f)); The personal protective equipment exclusion cites Council Directive 89/686/EEC, which Regulation (EU) 2016/425 repealed with effect from 21 April 2018; the reference is read as a reference to that regulation (Art. 1(2)(d); Regulation (EU) 2016/425, Art. 46); Products that conform to harmonised standards, or parts of them, whose references are published in the Official Journal are presumed to conform to the Annex II essential health and safety requirements those standards cover (Art. 12(1)); Components follow the same conformity assessment procedures as equipment but receive no CE marking and no EU declaration of conformity; the manufacturer issues a written attestation of conformity instead (Art. 13(3)); An importer or distributor that places a product on the market under its own name or trade mark, or modifies a product already placed on the market in a way that may affect compliance, is treated as the manufacturer (Art. 10); Where a product is also subject to other Union acts requiring an EU declaration of conformity, a single declaration covering all of them is drawn up (Art. 14(3)); Since 16 July 2021 a product under the directive may be placed on the market only if a manufacturer, importer, authorised representative or fulfilment service provider established in the Union is responsible for the compliance tasks of Article 4 of Regulation (EU) 2019/1020, which lists the directive in its Annex I (Regulation (EU) 2019/1020, Art. 4(1), (2) and (5) and Annex I, point 53); The separate workplace Directive 1999/92/EC complements the responsibilities of manufacturers under Directive 2014/34/EU by setting out the responsibilities of employers, and the ATEX Directive leaves Member States free to lay down requirements for protecting workers who use the products as long as the products themselves are not modified (Art. 3(2); European Commission ATEX page)

**Roles under the act:**

- **Manufacturer (including brand owners and own-use manufacturers)** — Any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under his name or trade mark or uses it for his own purposes; an importer or distributor that sells under its own name or trade mark or modifies a product in a way that may affect compliance is treated as the manufacturer.
- **Authorised representative** — Any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks; the mandate cannot cover the duty to design and manufacture to the essential health and safety requirements or to draw up the technical documentation.
- **Importer** — Any natural or legal person established within the Union who places a product from a third country on the Union market.
- **Distributor (wholesaler or retailer)** — Any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market.

## Key dates

- 2014-02-26: Directive 2014/34/EU adopted by the European Parliament and the Council as a recast of Directive 94/9/EC
- 2014-04-18: Entry into force, the twentieth day after publication in OJ L 96 of 29 March 2014
- 2016-04-19: Deadline for Member States to adopt and publish the laws transposing Article 1, points 2 and 8 to 26 of Article 2, Article 3, Articles 5 to 41 and Annexes III to X
- 2016-04-20: National measures apply and points 1 and 3 to 7 of Article 2, Article 4 and Annexes I, II, XI and XII apply directly; Directive 94/9/EC repealed; products conforming to the old directive and placed on the market before this date may still be made available or put into service, and certificates issued under it remain valid
- 2024-11-28: Directive (EU) 2024/2749 in force: internal market emergency procedures inserted as Chapter 5a (Articles 38a to 38e); transposition by 29 May 2026
- 2026-05-30: National measures transposing the emergency procedures of Directive (EU) 2024/2749 apply
- 2026-05-30: Denmark: executive order nr. 484 of 28 May 2026 on products for use in a potentially explosive atmosphere in force, repealing executive order nr. 811 of 3 June 2022 and transposing Directive (EU) 2024/2749

## What you must do

### Manufacturer (including brand owners and own-use manufacturers)

- Design and manufacture the product in accordance with the Annex II essential health and safety requirements that apply to it, taking account of its intended use: integrated explosion safety (prevent explosive atmospheres, prevent ignition from every electrical and non-electrical source, and halt or limit an explosion that occurs), analysis of possible operating faults and foreseeable misuse, material selection, potential ignition sources, external effects and the supplementary requirements for its group and category. The duty applies equally to products you use for your own purposes.
- Assign the product to its equipment-group and category per Annex I and follow the Article 13 procedure for it: for categories M1 and 1, EU-type examination (Annex III) plus conformity to type based on quality assurance of the production process (Annex IV) or product verification (Annex V); for categories M2 and 2, EU-type examination plus internal production control with supervised product testing (Annex VI) or product quality assurance (Annex VII) for internal combustion engines and electrical equipment, and internal production control (Annex VIII) with the technical documentation communicated to a notified body for other equipment; for Group II category 3, internal production control (Annex VIII); unit verification (Annex IX) may be used for any group; protective systems follow the category M1 and 1 routes or unit verification.
- Draw up the technical documentation referred to in Annexes III to IX before placing the product on the market, including an adequate analysis and assessment of the risks, a general description, design and manufacturing drawings and schemes, the explanations needed to understand them, the harmonised standards applied in full or in part or the solutions adopted instead, design calculations and examinations, and test reports; documents and correspondence for the procedures are drawn up in the language the Member State determines, in Denmark Danish or English.
- Draw up the EU declaration of conformity following the Annex X model for each product other than a component, translated into the languages the Member State requires, continuously updated and, where several Union acts apply, as a single declaration covering them all; for a component, draw up a written attestation of conformity stating its characteristics and how it must be incorporated. A copy of the declaration or attestation accompanies each product, or a single copy per batch or consignment delivered to a single user.
- Keep the technical documentation and the EU declaration of conformity or attestation of conformity for 10 years after the product was placed on the market, keep series production in conformity taking account of changes in design, characteristics and the standards or technical specifications referenced, and where the risks warrant it sample-test marketed products, investigate complaints and keep a register of complaints, non-conforming products and recalls, informing distributors.
- Keep the technical documentation and the EU declaration of conformity or attestation of conformity for 10 years after the product was placed on the market.
- Keep series production of the product in conformity, taking account of changes in its design or characteristics and in the harmonised standards or technical specifications by reference to which conformity is declared.
- Where the risks presented by a product warrant it, sample-test products made available on the market, investigate complaints and keep a register of complaints, non-conforming products and recalls, and keep distributors informed of that monitoring.
- Mark the product with a type, batch or serial number or other identifier, your name, registered trade name or trade mark and a single postal contact address, and, on products other than components, the CE marking followed by the identification number of the notified body where it is involved in the production control phase, the specific marking of explosion protection, the symbols of the equipment-group and category, for Group II the letter G for gas, vapour or mist atmospheres and/or D for dust atmospheres, the designation of series or type, the year of construction and any other information essential to safe use; products designed for a particular explosive atmosphere are marked accordingly.
- Mark the product with a type, batch or serial number or other identifier and with your name, registered trade name or trade mark and a single postal contact address, in a language end users and authorities understand.
- On products other than components, affix the CE marking, followed by the identification number of the notified body where it is involved in the production control phase.
- On products other than components, affix the specific marking of explosion protection, the equipment-group and category symbols, for Group II the letter G (gas, vapour or mist) and/or D (dust), the designation of series or type, the year of construction and any other information essential to safe use; mark products designed for a particular explosive atmosphere accordingly.
- Supply clear, understandable instructions and safety information in the language the Member State determines, containing at least the marked information (except the batch or serial number), instructions for safe putting into service, use, assembly and dismantling, maintenance, installation and adjustment, the details that allow a decision beyond doubt whether the product can be used safely in the intended area, the electrical and pressure parameters, maximum surface temperatures and other limit values, any special conditions of use and the drawings and diagrams needed.
- If you consider or have reason to believe that a product you placed on the market does not conform, immediately bring it into conformity, withdraw or recall it, and where it presents a risk inform the competent authorities of the Member States where you made it available; on a reasoned request provide all information and documentation demonstrating conformity in a language the authority understands, cooperate on risk-elimination measures, and be able to identify your suppliers and customers for 10 years.
- If you consider or have reason to believe that a product you placed on the market does not conform, immediately bring it into conformity, withdraw or recall it, and where it presents a risk inform the competent authorities of the Member States where you made it available, with details of the non-compliance and the measures taken.
- On a reasoned request from a competent national authority, provide all the information and documentation needed to demonstrate the conformity of the product, in a language that authority can easily understand, and cooperate with it on any action to eliminate the risks posed by products you placed on the market.
- Be able to identify to the market surveillance authorities, for 10 years after the supply, every economic operator that supplied you with a product and every economic operator you supplied with one.

### Authorised representative

- Act under a written mandate that at least lets you keep the EU declaration of conformity or attestation of conformity and the technical documentation at the disposal of the national market surveillance authorities for 10 years after the product was placed on the market, provide conformity information and documentation on reasoned request, and cooperate with the authorities on risk-elimination measures for the products covered by the mandate.
- Act as authorised representative only under a written mandate from the manufacturer that sets out the tasks you perform.
- Keep the EU declaration of conformity or attestation of conformity and the technical documentation at the disposal of the national market surveillance authorities for 10 years after the product was placed on the market.
- On a reasoned request from a competent national authority, provide all the information and documentation needed to demonstrate the conformity of the product, and cooperate with the authorities on any action to eliminate the risks posed by the products covered by your mandate.
- Do not take over the manufacturer's duty to design and manufacture to the essential health and safety requirements or to draw up the technical documentation; those cannot form part of the mandate, although under the conformity assessment modules the mandate may cover affixing the CE marking and drawing up the declaration or attestation on the manufacturer's behalf and under its responsibility.
- Be able to identify the economic operators that supplied you and that you supplied for 10 years.

### Importer

- Place only compliant products on the market, and before doing so check that the manufacturer carried out the Article 13 conformity assessment procedure, drew up the technical documentation, affixed the CE marking where applicable, supplied the EU declaration of conformity or attestation of conformity and the required documents, and applied the identification, explosion-protection and address markings; hold a product you believe does not meet the Annex II requirements back until it conforms, and inform the manufacturer and the authorities where it presents a risk.
- Indicate your name, registered trade name or trade mark and a postal contact address on the product or, where not possible, on its packaging or in an accompanying document, in a language end users and authorities understand.
- Ensure the product is accompanied by instructions and safety information in the language the Member State determines.
- Keep storage and transport conditions from jeopardising compliance with the Annex II requirements, and where the risks warrant it sample-test, investigate complaints and keep a register of complaints, non-conforming products and recalls, informing distributors.
- While a product is under your responsibility, keep its storage and transport conditions from jeopardising its compliance with the essential requirements.
- Where the risks presented by a product warrant it, sample-test products made available on the market, investigate complaints and keep a register of complaints, non-conforming products and recalls, and keep distributors informed of that monitoring.
- If a product you placed on the market does not conform, immediately take corrective measures, withdraw or recall it, and where it presents a risk inform the competent authorities of the Member States concerned with details of the non-compliance and the corrective measures.
- Keep a copy of the EU declaration of conformity or attestation of conformity at the disposal of the market surveillance authorities for 10 years and ensure the technical documentation can be made available on request; provide conformity information on reasoned request in a language the authority understands, cooperate on risk-elimination measures, and identify suppliers and customers for 10 years.
- Keep a copy of the EU declaration of conformity or attestation of conformity at the disposal of the market surveillance authorities for 10 years after the product was placed on the market, and ensure the technical documentation can be made available to them on request.
- On a reasoned request from a competent national authority, provide all the information and documentation needed to demonstrate the conformity of the product, in a language that authority can easily understand, and cooperate with it on any action to eliminate the risks posed by products you placed on the market.
- Be able to identify to the market surveillance authorities, for 10 years after the supply, every economic operator that supplied you with a product and every economic operator you supplied with one.
- If you place a product on the market under your own name or trade mark, or modify a product already placed on the market in a way that may affect compliance, you carry the manufacturer's obligations under Article 6.

### Distributor (wholesaler or retailer)

- Act with due care and, before making a product available, verify that it bears the CE marking where applicable, is accompanied by the EU declaration of conformity or attestation of conformity, the required documents and instructions and safety information in the language of the Member State where it is sold, and that the manufacturer and importer have applied their identification, explosion-protection and address markings; hold a product you believe does not meet the Annex II requirements back, and inform the manufacturer or importer and the authorities where it presents a risk.
- Keep storage and transport conditions from jeopardising compliance with the Annex II essential health and safety requirements.
- If a product you made available does not conform, make sure corrective measures are taken to bring it into conformity, withdraw or recall it, and where it presents a risk immediately inform the competent authorities of the Member States concerned.
- On reasoned request, provide the information and documentation demonstrating conformity, cooperate on risk-elimination measures, and identify suppliers and customers for 10 years.
- On a reasoned request from a competent national authority, provide all the information and documentation needed to demonstrate the conformity of the product, in a language that authority can easily understand, and cooperate with it on any action to eliminate the risks posed by products you made available.
- Be able to identify to the market surveillance authorities, for 10 years after the supply, every economic operator that supplied you with a product and every economic operator you supplied with one.
- If you sell under your own name or trade mark or modify a product in a way that may affect compliance, you take on the manufacturer's obligations.

## Requirements

Each duty above as an identified requirement (35); ids are permanent and shared with the compliance engine.

### evidence

- `atex-mfr-design-manufacture-product` (Manufacturer (including brand owners and own-use manufacturers), product, before-market) — Design and manufacture the product in accordance with the Annex II essential health and safety requirements that apply to it, taking account of its intended use: integrated explosion safety (prevent explosive atmospheres, prevent ignition from every electrical and non-electrical source, and halt or limit an explosion that occurs), analysis of possible operating faults and foreseeable misuse, material selection, potential ignition sources, external effects and the supplementary requirements for its group and category. The duty applies equally to products you use for your own purposes. [Art. 4, Art. 6(1) and Annex II, points 1.0.1 to 1.0.4 and 2]
- `atex-mfr-draw-technical-documentation` (Manufacturer (including brand owners and own-use manufacturers), product, before-market) — Draw up the technical documentation referred to in Annexes III to IX before placing the product on the market, including an adequate analysis and assessment of the risks, a general description, design and manufacturing drawings and schemes, the explanations needed to understand them, the harmonised standards applied in full or in part or the solutions adopted instead, design calculations and examinations, and test reports; documents and correspondence for the procedures are drawn up in the language the Member State determines, in Denmark Danish or English. [Art. 6(2), Art. 13(6) and Annex VIII, point 2; https://www.retsinformation.dk/eli/lta/2026/484 · § 31]
- `atex-mfr-draw-declaration-conformity` (Manufacturer (including brand owners and own-use manufacturers), product-market, before-market) — Draw up the EU declaration of conformity following the Annex X model for each product other than a component, translated into the languages the Member State requires, continuously updated and, where several Union acts apply, as a single declaration covering them all; for a component, draw up a written attestation of conformity stating its characteristics and how it must be incorporated. A copy of the declaration or attestation accompanies each product, or a single copy per batch or consignment delivered to a single user. [Art. 6(2), Art. 13(3) and Art. 14]
- `atex-mfr-supply-clear-understandable` (Manufacturer (including brand owners and own-use manufacturers), product-market, before-market) — Supply clear, understandable instructions and safety information in the language the Member State determines, containing at least the marked information (except the batch or serial number), instructions for safe putting into service, use, assembly and dismantling, maintenance, installation and adjustment, the details that allow a decision beyond doubt whether the product can be used safely in the intended area, the electrical and pressure parameters, maximum surface temperatures and other limit values, any special conditions of use and the drawings and diagrams needed. [Art. 6(8) and Annex II, point 1.0.6]
- `atex-oth-hold-written-mandate` (Authorised representative, company, before-market) — Act as authorised representative only under a written mandate from the manufacturer that sets out the tasks you perform. [Art. 7(1) and Art. 7(2)]

### mark

- `atex-mfr-mark-type-name-address` (Manufacturer (including brand owners and own-use manufacturers), product, before-market) — Mark the product with a type, batch or serial number or other identifier and with your name, registered trade name or trade mark and a single postal contact address, in a language end users and authorities understand. [Art. 6(5) and Art. 6(7)]
- `atex-mfr-affix-ce-marking` (Manufacturer (including brand owners and own-use manufacturers), product, before-market) — On products other than components, affix the CE marking, followed by the identification number of the notified body where it is involved in the production control phase. [Art. 16]
- `atex-mfr-mark-explosion-protection` (Manufacturer (including brand owners and own-use manufacturers), product, before-market) — On products other than components, affix the specific marking of explosion protection, the equipment-group and category symbols, for Group II the letter G (gas, vapour or mist) and/or D (dust), the designation of series or type, the year of construction and any other information essential to safe use; mark products designed for a particular explosive atmosphere accordingly. [Art. 6(6) and Annex II, point 1.0.5]
- `atex-imp-indicate-name-registered` (Importer, product, before-market) — Indicate your name, registered trade name or trade mark and a postal contact address on the product or, where not possible, on its packaging or in an accompanying document, in a language end users and authorities understand. [Art. 8(3)]

### decision

- `atex-mfr-assign-product-equipment-group` (Manufacturer (including brand owners and own-use manufacturers), product, before-market) — Assign the product to its equipment-group and category per Annex I and follow the Article 13 procedure for it: for categories M1 and 1, EU-type examination (Annex III) plus conformity to type based on quality assurance of the production process (Annex IV) or product verification (Annex V); for categories M2 and 2, EU-type examination plus internal production control with supervised product testing (Annex VI) or product quality assurance (Annex VII) for internal combustion engines and electrical equipment, and internal production control (Annex VIII) with the technical documentation communicated to a notified body for other equipment; for Group II category 3, internal production control (Annex VIII); unit verification (Annex IX) may be used for any group; protective systems follow the category M1 and 1 routes or unit verification. [Art. 2, points (8) and (9), Art. 13(1) and (2) and Annex I]

### procedure

- `atex-mfr-sample-test-complaints` (Manufacturer (including brand owners and own-use manufacturers), company, ongoing) — Where the risks presented by a product warrant it, sample-test products made available on the market, investigate complaints and keep a register of complaints, non-conforming products and recalls, and keep distributors informed of that monitoring. [Art. 6(4)]
- `atex-imp-sample-test-complaints` (Importer, company, ongoing) — Where the risks presented by a product warrant it, sample-test products made available on the market, investigate complaints and keep a register of complaints, non-conforming products and recalls, and keep distributors informed of that monitoring. [Art. 8(6)]

### submission

- `atex-mfr-correct-withdraw-recall` (Manufacturer (including brand owners and own-use manufacturers), product, on-event) — If you consider or have reason to believe that a product you placed on the market does not conform, immediately bring it into conformity, withdraw or recall it, and where it presents a risk inform the competent authorities of the Member States where you made it available, with details of the non-compliance and the measures taken. [Art. 6(9)]
- `atex-imp-immediately-take-corrective` (Importer, product, on-event) — If a product you placed on the market does not conform, immediately take corrective measures, withdraw or recall it, and where it presents a risk inform the competent authorities of the Member States concerned with details of the non-compliance and the corrective measures. [Art. 8(7)]
- `atex-dist-make-sure-corrective` (Distributor (wholesaler or retailer), product, on-event) — If a product you made available does not conform, make sure corrective measures are taken to bring it into conformity, withdraw or recall it, and where it presents a risk immediately inform the competent authorities of the Member States concerned. [Art. 9(4)]

### verification

- `atex-imp-place-compliant-products` (Importer, product, before-market) — Place only compliant products on the market, and before doing so check that the manufacturer carried out the Article 13 conformity assessment procedure, drew up the technical documentation, affixed the CE marking where applicable, supplied the EU declaration of conformity or attestation of conformity and the required documents, and applied the identification, explosion-protection and address markings; hold a product you believe does not meet the Annex II requirements back until it conforms, and inform the manufacturer and the authorities where it presents a risk. [Art. 8(1) and Art. 8(2)]
- `atex-imp-ensure-product-accompanied` (Importer, product-market, before-market) — Ensure the product is accompanied by instructions and safety information in the language the Member State determines. [Art. 8(4)]
- `atex-dist-act-due-care` (Distributor (wholesaler or retailer), product-market, before-market) — Act with due care and, before making a product available, verify that it bears the CE marking where applicable, is accompanied by the EU declaration of conformity or attestation of conformity, the required documents and instructions and safety information in the language of the Member State where it is sold, and that the manufacturer and importer have applied their identification, explosion-protection and address markings; hold a product you believe does not meet the Annex II requirements back, and inform the manufacturer or importer and the authorities where it presents a risk. [Art. 9(1) and Art. 9(2)]

### standing

- `atex-mfr-keep-documentation-10-years` (Manufacturer (including brand owners and own-use manufacturers), product, ongoing) — Keep the technical documentation and the EU declaration of conformity or attestation of conformity for 10 years after the product was placed on the market. [Art. 6(3)]
- `atex-mfr-keep-series-conformity` (Manufacturer (including brand owners and own-use manufacturers), product, ongoing) — Keep series production of the product in conformity, taking account of changes in its design or characteristics and in the harmonised standards or technical specifications by reference to which conformity is declared. [Art. 6(4)]
- `atex-mfr-provide-information-request` (Manufacturer (including brand owners and own-use manufacturers), company, ongoing) — On a reasoned request from a competent national authority, provide all the information and documentation needed to demonstrate the conformity of the product, in a language that authority can easily understand, and cooperate with it on any action to eliminate the risks posed by products you placed on the market. [Art. 6(10)]
- `atex-mfr-identify-supply-chain` (Manufacturer (including brand owners and own-use manufacturers), company, ongoing) — Be able to identify to the market surveillance authorities, for 10 years after the supply, every economic operator that supplied you with a product and every economic operator you supplied with one. [Art. 11]
- `atex-oth-keep-documentation-10-years` (Authorised representative, product, ongoing) — Keep the EU declaration of conformity or attestation of conformity and the technical documentation at the disposal of the national market surveillance authorities for 10 years after the product was placed on the market. [Art. 7(2)(a)]
- `atex-oth-provide-information-request` (Authorised representative, company, ongoing) — On a reasoned request from a competent national authority, provide all the information and documentation needed to demonstrate the conformity of the product, and cooperate with the authorities on any action to eliminate the risks posed by the products covered by your mandate. [Art. 7(2)(b) and (c)]
- `atex-oth-able-identify-economic` (Authorised representative, company, ongoing) — Be able to identify the economic operators that supplied you and that you supplied for 10 years. [Art. 11]
- `atex-imp-keep-storage-conditions` (Importer, company, ongoing) — While a product is under your responsibility, keep its storage and transport conditions from jeopardising its compliance with the essential requirements. [Art. 8(5)]
- `atex-imp-keep-declaration-copy` (Importer, product, ongoing) — Keep a copy of the EU declaration of conformity or attestation of conformity at the disposal of the market surveillance authorities for 10 years after the product was placed on the market, and ensure the technical documentation can be made available to them on request. [Art. 8(8)]
- `atex-imp-provide-information-request` (Importer, company, ongoing) — On a reasoned request from a competent national authority, provide all the information and documentation needed to demonstrate the conformity of the product, in a language that authority can easily understand, and cooperate with it on any action to eliminate the risks posed by products you placed on the market. [Art. 8(9)]
- `atex-imp-identify-supply-chain` (Importer, company, ongoing) — Be able to identify to the market surveillance authorities, for 10 years after the supply, every economic operator that supplied you with a product and every economic operator you supplied with one. [Art. 11]
- `atex-dist-keep-storage-transport` (Distributor (wholesaler or retailer), company, ongoing) — Keep storage and transport conditions from jeopardising compliance with the Annex II essential health and safety requirements. [Art. 9(3)]
- `atex-dist-provide-information-request` (Distributor (wholesaler or retailer), company, ongoing) — On a reasoned request from a competent national authority, provide all the information and documentation needed to demonstrate the conformity of the product, in a language that authority can easily understand, and cooperate with it on any action to eliminate the risks posed by products you made available. [Art. 9(5)]
- `atex-dist-identify-supply-chain` (Distributor (wholesaler or retailer), company, ongoing) — Be able to identify to the market surveillance authorities, for 10 years after the supply, every economic operator that supplied you with a product and every economic operator you supplied with one. [Art. 11]

## Penalties

Member States lay down the rules on penalties for infringements of their national transposing laws by economic operators; the penalties must be effective, proportionate and dissuasive and may include criminal penalties for serious infringements. Market surveillance authorities evaluate products that present a risk to the health or safety of persons or to domestic animals or property, require corrective action, withdrawal or recall within a period commensurate with the risk, inform the notified body concerned, and if the operator fails to act prohibit or restrict the making available, withdraw or recall the product and notify the Commission and the other Member States; compliant products that still present a risk can be treated the same way. Formal non-compliance, such as a missing or wrongly affixed CE marking, a missing or wrongly affixed marking of explosion protection, group and category symbols or notified body number, a missing or incorrect EU declaration or attestation of conformity, incomplete technical documentation or missing identification and address information, must be ended and otherwise leads to restriction, prohibition, withdrawal or recall. In Denmark, the directive is implemented by executive order nr. 484 of 28 May 2026 on products for use in a potentially explosive atmosphere, in force since 30 May 2026, which repealed executive order nr. 811 of 3 June 2022 and also transposes the emergency procedures of Directive (EU) 2024/2749 (§§ 40 to 49). It is issued under the Danish product act (lov om produkter og markedsovervågning, consolidated as LBK nr. 22 of 8 January 2026), which lists the directive in § 2(1) no. 3 and names Erhvervsstyrelsen as control authority in § 9; Sikkerhedsstyrelsen, part of Erhvervsstyrelsen since January 2026, has controlled all products under the directive since 1 December 2018. Under § 38 of the order Erhvervsstyrelsen can order formal non-compliance corrected within a deadline, and under § 52 infringements are punished with a fine, rising to imprisonment of up to two years in aggravating circumstances such as danger to safety or health, an accident with serious injury or death, repeat or systematic infringement for financial gain or evasion of control, with a five-year limitation period and liability for companies. Notified bodies for the directive are designated by Erhvervsstyrelsen on the basis of DANAK accreditation (§ 39).

## Checklist

1. Confirm the product is intended for use in a potentially explosive atmosphere, is a protective system, a safety, controlling or regulating device needed for the safe functioning of such a product, or a component for one, and that no Article 1(2) exclusion applies (Article 1).
2. Decide your role for each product, remembering that selling under your own brand, modifying the product or using it for your own purposes makes you the manufacturer (Articles 2(12) and 10).
3. Assign the equipment-group (I for mines, II for other places) and category (M1, M2, 1, 2 or 3) from the Annex I criteria and record the gas (G) and/or dust (D) atmosphere the product is designed for (Article 2(6) to (9) and Annex I).
4. Identify the harmonised standards published in the Official Journal that cover the product and apply the Annex II essential health and safety requirements, including the supplementary requirements for its group and category (Article 12 and Annex II).
5. Select the Article 13 conformity assessment route for the group and category and engage a notified body for EU-type examination, production surveillance or the deposit of the technical documentation where the route requires it (Article 13 and Annexes III to IX).
6. Compile the technical documentation with the risk analysis and assessment, drawings, the standards applied, calculations, test reports and any notified body certificates, and keep it for 10 years (Article 6(2) and 6(3)).
7. Draw up the Annex X EU declaration of conformity per product model, or the written attestation of conformity for a component, as a single declaration where other Union acts also apply, and put a copy with every product or batch (Articles 6(2), 13(3) and 14).
8. Affix the CE marking, the notified body number where it is involved in production control, the specific marking of explosion protection, the group and category symbols, the G and/or D letter, the series or type designation, the serial number, the year of construction and the manufacturer's and importer's name and address (Articles 6(5) to 6(7), 8(3), 16 and Annex II, point 1.0.5).
9. Supply instructions and safety information in the required language with the Annex II, point 1.0.6 content, and set up the corrective-action and notification procedure, 10-year supplier and customer traceability and, where the risks warrant it, sample testing and a complaints register (Articles 6(4), 6(8), 6(9), 8(4), 8(7), 9(4) and 11).

## Questions

### When did the ATEX Directive 2014/34/EU start to apply?

The recast directive was adopted on 26 February 2014, published in the Official Journal on 29 March 2014 and entered into force on 18 April 2014. Member States had to transpose it by 19 April 2016 and apply their measures from 20 April 2016, when Directive 94/9/EC was repealed. Products conforming to the old directive and placed on the market before 20 April 2016 may still be made available or put into service, and certificates issued under Directive 94/9/EC remain valid under the new directive.

### What is the difference between ATEX 2014/34/EU and Directive 1999/92/EC?

Directive 2014/34/EU is the product law: it sets the requirements that equipment, protective systems, safety devices and components must meet before they are placed on the market and the duties of the economic operators. Directive 1999/92/EC is the workplace law: it complements the responsibilities of manufacturers under Directive 2014/34/EU by setting out the responsibilities of employers. The ATEX Directive itself leaves Member States free to lay down requirements for protecting workers who use the products, provided the products are not modified in a way not specified in the directive.

### What are the ATEX equipment groups and categories?

Equipment-group I is equipment for underground parts of mines and those parts of surface installations of mines liable to be endangered by firedamp and/or combustible dust; it has categories M1 (very high level of protection, must remain functional with an explosive atmosphere present) and M2 (high level of protection, intended to be de-energised when an explosive atmosphere occurs). Equipment-group II is equipment for other places liable to be endangered by explosive atmospheres; category 1 is for areas where explosive atmospheres are present continuously, for long periods or frequently, category 2 for areas where they are likely to occur occasionally, and category 3 for areas where they are unlikely to occur or occur only infrequently and for a short period. The category determines the level of protection and the conformity assessment route.

### Do I need a notified body for ATEX?

For most categories, yes. Categories M1 and 1 and protective systems require EU-type examination by a notified body (Annex III) combined with quality assurance of the production process (Annex IV) or product verification (Annex V). Categories M2 and 2 require EU-type examination combined with internal production control plus supervised product testing (Annex VI) or product quality assurance (Annex VII) for internal combustion engines and electrical equipment, while other M2 and 2 equipment follows internal production control (Annex VIII) with the technical documentation communicated to a notified body, which acknowledges receipt and retains it. Only Group II category 3 equipment follows internal production control alone. Unit verification by a notified body (Annex IX) may be used for any group. Components follow the same routes.

### What must the ATEX marking contain?

All equipment and protective systems must be marked legibly and indelibly with the manufacturer's name, registered trade name or trade mark and address, the CE marking, the designation of series or type, the batch or serial number if any, the year of construction, the specific marking of explosion protection followed by the symbol of the equipment-group and category, and for Group II the letter G for explosive atmospheres caused by gases, vapours or mists and/or the letter D for atmospheres caused by dust, plus any information essential to safe use. The CE marking is followed by the identification number of the notified body where it is involved in the production control phase, and products designed for a particular explosive atmosphere are marked accordingly. Components carry no CE marking.

### Which products are excluded from the ATEX Directive?

Article 1(2) excludes medical devices intended for use in a medical environment, equipment and protective systems where the explosion hazard results exclusively from explosive or unstable chemical substances, equipment for domestic and non-commercial environments where an explosive atmosphere may only rarely be created by accidental leakage of fuel gas, personal protective equipment (the text cites Directive 89/686/EEC, which Regulation (EU) 2016/425 replaced from 21 April 2018), seagoing vessels and mobile offshore units with their on-board equipment, means of transport for passengers or goods by air, road, rail or water, and equipment covered by Article 346(1)(b) TFEU. Vehicles intended for use in a potentially explosive atmosphere are expressly not excluded.

### Do ATEX components need CE marking and an EU declaration of conformity?

No. Components intended to be incorporated into equipment or protective systems follow the same conformity assessment procedures as the equipment, but the CE marking is not affixed and no EU declaration of conformity is drawn up. Instead the manufacturer issues a written attestation of conformity declaring that the component conforms to the applicable provisions, stating its characteristics and how it must be incorporated so that the finished equipment or protective system meets the essential health and safety requirements. A copy of the attestation accompanies each component and is kept with the technical documentation for 10 years.

### How long must I keep the ATEX technical documentation and traceability records?

Manufacturers keep the technical documentation and the EU declaration of conformity or attestation of conformity for 10 years after the product was placed on the market, authorised representatives keep both at the disposal of the authorities for the same period, and importers keep a copy of the declaration or attestation for 10 years and ensure the technical documentation can be produced. All economic operators must be able to identify who supplied them and whom they supplied for 10 years after the supply.

## What changed

- 2026-09-11 (guidance): **Guide rewritten from the consolidated text of 30 May 2026** — The body now follows the consolidated text: the exact Article 13 conformity assessment routes per group and category, the Article 1(2) exclusions, the Annex II point 1.0.5 marking content, the 10-year retention periods, the Article 34 surveillance basis read as Regulation (EU) 2019/1020, the Danish executive order nr. 484 of 28 May 2026 and the move of Sikkerhedsstyrelsen into Erhvervsstyrelsen; the earlier unsourced references to Safety Gate and to specific standard families were removed.
- 2026-05-30 (applies): **Denmark: executive order nr. 484 of 28 May 2026 in force** — Executive order nr. 484 of 28 May 2026 on products for use in a potentially explosive atmosphere enters into force, repealing executive order nr. 811 of 3 June 2022 and transposing the emergency procedures of Directive (EU) 2024/2749 in §§ 40 to 49; Erhvervsstyrelsen orders formal non-compliance corrected (§ 38), designates notified bodies on the basis of DANAK accreditation (§ 39), and infringements are punished under § 52.
- 2026-05-30 (applies): **Emergency procedures for crisis-relevant ATEX products apply** — The national measures transposing Directive (EU) 2024/2749 apply: Articles 38a to 38e let notified bodies prioritise conformity assessments, allow a Member State to authorise the placing on the market of a listed product without the notified-body procedures, let the Commission list standards or set common specifications giving a presumption of conformity, and require prioritised market surveillance and mutual assistance, for products designated as crisis-relevant goods while an internal market emergency mode under Regulation (EU) 2024/2747 is active.
- 2024-11-28 (amendment): **Directive (EU) 2024/2749 in force: internal market emergency procedures** — The amending directive of 9 October 2024, published on 8 November 2024, adds the definitions of crisis-relevant goods and internal market emergency mode and inserts Chapter 5a (Articles 38a to 38e); Member States had to transpose by 29 May 2026 and apply the measures from 30 May 2026.
- 2016-04-20 (applies): **Directive 2014/34/EU applies; Directive 94/9/EC repealed** — Member States apply their transposing measures from 20 April 2016, the directly applicable definitions, Article 4 and Annexes I, II, XI and XII apply from the same date, and Directive 94/9/EC is repealed; products conforming to the old directive and placed on the market before 20 April 2016 may still be made available or put into service, and certificates issued under it remain valid.
- 2014-04-18 (in-force): **Directive 2014/34/EU enters into force** — Adopted on 26 February 2014 as a recast of Directive 94/9/EC aligned with the New Legislative Framework and published in OJ L 96 on 29 March 2014, the directive entered into force on the twentieth day after publication; Member States had until 19 April 2016 to transpose it.

## ATEX in plain terms

The ATEX Directive, formally Directive 2014/34/EU, is the EU's product law for equipment and protective systems intended for use in potentially explosive atmospheres: places where flammable gases, vapours, mists or dusts mixed with air could ignite and burn through the whole unburned mixture (Art. 2, points (4) and (5)). It applies to the equipment itself, to the protective systems that halt or limit an explosion, to the safety, controlling and regulating devices that sit outside the atmosphere but keep such equipment safe, and to the components built into them (Art. 1(1)). Products may be made available on the market and put into service only if, properly installed, maintained and used as intended, they comply with the directive (Art. 3(1)), and they must meet the essential health and safety requirements of Annex II that apply to them (Art. 4).

The 2014 text is a recast of Directive 94/9/EC aligned with the New Legislative Framework, adding the economic operator duties, traceability and market surveillance procedures shared with the other CE-marking directives. As a directive it works through national law: Member States had to transpose it by 19 April 2016 and apply it from 20 April 2016 (Art. 42), when Directive 94/9/EC was repealed (Art. 43). The separate workplace Directive 1999/92/EC complements the responsibilities of manufacturers under Directive 2014/34/EU by setting out the responsibilities of employers, and the ATEX Directive leaves Member States free to protect workers who use the products as long as the products are not modified (Art. 3(2)).

> **Official text**
> Read the directive on EUR-Lex: [Directive 2014/34/EU (CELEX 32014L0034)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0034), or the [consolidated text of 30 May 2026](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014L0034-20260530) that includes the internal market emergency procedures.

## Scope

Equipment means machines, apparatus, fixed or mobile devices, control components and instrumentation and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy or the processing of material and are capable of causing an explosion through their own potential sources of ignition (Art. 2, point (1)). Protective systems are devices, other than components of equipment, intended to halt incipient explosions immediately or to limit the effective range of an explosion, made available separately as autonomous systems (Art. 2, point (2)), and components are items essential to the safe functioning of equipment and protective systems with no autonomous function (Art. 2, point (3)). The intended use is what the manufacturer prescribes by assigning the equipment to a group and category or by providing the information required for the safe functioning of a protective system, device or component (Art. 2, point (9)).

Article 1(2) excludes medical devices intended for use in a medical environment, equipment and protective systems where the explosion hazard results exclusively from explosive or unstable chemical substances, equipment for domestic and non-commercial environments where an explosive atmosphere may only rarely be created by accidental leakage of fuel gas, personal protective equipment covered by Directive 89/686/EEC (repealed by Regulation (EU) 2016/425 with effect from 21 April 2018, so the reference is read as a reference to that regulation, Regulation (EU) 2016/425, Art. 46), seagoing vessels and mobile offshore units with their on-board equipment, means of transport for passengers or goods by air, road, rail or water, and equipment covered by Article 346(1)(b) TFEU. Vehicles intended for use in a potentially explosive atmosphere are expressly not excluded (Art. 1(2)(f)).

The duties fall on the economic operators: manufacturer, authorised representative, importer and distributor (Art. 2, point (16)). A manufacturer is whoever manufactures a product or has it designed or manufactured and markets it under his own name or trade mark or uses it for his own purposes (Art. 2, point (12)), and an importer or distributor that sells under its own name or trade mark or modifies a product in a way that may affect compliance takes on the manufacturer's obligations (Art. 10). Since 16 July 2021, Regulation (EU) 2019/1020, which lists the directive in point 53 of its Annex I, also requires an economic operator established in the Union, whether a manufacturer, importer, authorised representative or fulfilment service provider, to be responsible for the compliance tasks of its Article 4 before the product may be placed on the market (Regulation (EU) 2019/1020, Art. 4(1), (2) and (5)).

## What you must do

### Equipment groups and categories

Annex I sets the criteria that determine the category within each group. Equipment-group I is equipment for underground parts of mines and those parts of surface installations of mines liable to be endangered by firedamp and/or combustible dust: category M1 ensures a very high level of protection and must remain functional even in the event of rare incidents with an explosive atmosphere present, with either a second independent means of protection or protection against two independent faults; category M2 ensures a high level of protection and is intended to be de-energised when an explosive atmosphere occurs (Art. 2, point (6), and Annex I, point 1). Equipment-group II is equipment for other places liable to be endangered by explosive atmospheres: category 1 for areas where explosive atmospheres of gases, vapours, mists or dusts are present continuously, for long periods or frequently, category 2 for areas where they are likely to occur occasionally, and category 3 for areas where they are unlikely to occur or occur only infrequently and for a short period (Art. 2, point (7), and Annex I, point 2). Each category must also meet the supplementary requirements of Annex II, point 2, for its group and category (Annex I).

### Essential health and safety requirements and harmonised standards

Annex II starts from the principle of integrated explosion safety: the manufacturer must above all prevent the formation of explosive atmospheres produced or released by the equipment, prevent their ignition taking account of every electrical and non-electrical source of ignition, and, should an explosion nevertheless occur, halt it immediately and/or limit the range of explosion flames and pressures to a sufficient level of safety (Annex II, point 1.0.1). Products must be designed after due analysis of possible operating faults and of reasonably foreseeable misuse (point 1.0.2), for special checking and maintenance conditions (point 1.0.3) and for actual or foreseeable surrounding area conditions (point 1.0.4). The common requirements then cover marking (point 1.0.5), instructions (point 1.0.6), selection of materials (1.1), design and construction (1.2), potential ignition sources (1.3), hazards from external effects (1.4), safety-related devices (1.5) and the integration of safety requirements into the system (1.6), followed by the supplementary requirements for each group and category (point 2) and for protective systems (point 3).

Products that conform to harmonised standards, or parts of them, whose references are published in the Official Journal are presumed to conform to the essential health and safety requirements those standards cover (Art. 12(1)); in the absence of harmonised standards, Member States bring the relevant national standards and technical specifications to the attention of the parties concerned (Art. 12(2)). The European Commission's ATEX page names CEN/TC 305 and CENELEC CLC/TC 31 as the committees that develop the harmonised standards and publishes the ATEX Guidelines, the sixth edition of which the page dates to January 2026.

### Conformity assessment by group and category

Article 13 maps the procedures exactly. For equipment-groups I and II, categories M1 and 1, the manufacturer uses EU-type examination by a notified body (Annex III, Module B) combined with either conformity to type based on quality assurance of the production process (Annex IV, Module D) or conformity to type based on product verification (Annex V, Module F) (Art. 13(1)(a)). For categories M2 and 2, internal combustion engines and electrical equipment use EU-type examination combined with either conformity to type based on internal production control plus supervised product testing (Annex VI, Module C1) or conformity to type based on product quality assurance (Annex VII, Module E), while other equipment in those categories uses internal production control (Annex VIII, Module A) and communicates the technical documentation to a notified body, which acknowledges receipt as soon as possible and retains it (Art. 13(1)(b)). For equipment-group II, category 3, the route is internal production control alone (Art. 13(1)(c)). For any group, conformity based on unit verification by a notified body (Annex IX, Module G) may be followed instead (Art. 13(1)(d)). Protective systems follow the category M1 and 1 routes or unit verification (Art. 13(2)), and the safety aspects of Annex II, point 1.2.7, may in addition follow Annex VIII (Art. 13(4)).

Components follow the same procedures, except that the CE marking is not affixed and no EU declaration of conformity is drawn up; the manufacturer issues a written attestation of conformity stating the component's characteristics and how it must be incorporated (Art. 13(3)). On a duly justified request, the competent authorities may authorise the placing on the market and putting into service on their territory of products other than components for which the procedures have not been applied, where their use is in the interests of protection (Art. 13(5)). Documents and correspondence for the procedures are drawn up in a language determined by the Member State (Art. 13(6)); in Denmark they are drawn up in Danish or English (executive order nr. 484 of 28 May 2026, § 31). Notified bodies are designated and monitored by the national notifying authorities under Articles 17 to 33, which set the requirements for notified bodies and their operational obligations.

### Technical documentation, EU declaration of conformity and marking

The manufacturer draws up the technical documentation referred to in Annexes III to IX and carries out the relevant conformity assessment procedure or has it carried out (Art. 6(2)). Under Module A the documentation must make it possible to assess conformity, include an adequate analysis and assessment of the risks, and contain at least a general description, conceptual design and manufacturing drawings and schemes, the explanations needed to understand them, the list of harmonised standards applied in full or in part or the solutions adopted instead, design calculations and examinations, and test reports (Annex VIII, point 2). The manufacturer keeps the technical documentation and the EU declaration of conformity or attestation of conformity for 10 years after the product was placed on the market (Art. 6(3)).

The EU declaration of conformity states that the fulfilment of the Annex II requirements has been demonstrated, follows the Annex X model, contains the elements specified in the relevant modules, is continuously updated and is translated into the languages required by the Member State where the product is placed or made available on the market; where several Union acts require a declaration, a single declaration covering them all is drawn up, and by drawing it up the manufacturer assumes responsibility for compliance (Art. 14). A copy of the declaration or attestation accompanies each product, or a single copy per batch or consignment delivered to a single user (Art. 6(2)).

The CE marking is subject to the general principles of Article 30 of Regulation (EC) No 765/2008 (Art. 15) and is affixed visibly, legibly and indelibly to the product or its data plate before placing on the market, or to the packaging and accompanying documents where the nature of the product does not allow it (Art. 16(1) and (2)). It is followed by the identification number of the notified body where that body is involved in the production control phase, then by the specific marking of explosion protection, the symbols of the equipment-group and category and the other markings and information of Annex II, point 1.0.5 (Art. 16(3) and (4)). That point requires the manufacturer's name, registered trade name or trade mark and address, the CE marking, the designation of series or type, the batch or serial number if any, the year of construction, the specific marking of explosion protection followed by the group and category symbol, and for Group II the letter G (gases, vapours or mists) and/or D (dust), plus any information essential to safe use (Annex II, point 1.0.5). Products designed for a particular explosive atmosphere are marked accordingly (Art. 16(5)). Instructions must accompany every equipment and protective system with at least the Annex II, point 1.0.6 content, in a language easily understood by end users as determined by the Member State (Art. 6(8) and Annex II, point 1.0.6).

### Obligations by role

Manufacturers design and manufacture to the Annex II requirements, draw up the documentation and the declaration or attestation, affix the CE marking and the explosion-protection marking, keep the documents for 10 years, keep series production in conformity, sample-test and keep a complaints register where the risks warrant it, mark the product with an identifier and their name and address, supply instructions and safety information in the required language, take corrective action and inform the authorities of risks, and cooperate on request (Art. 6). Authorised representatives act under a mandate that must at least cover keeping the documents and cooperating with authorities, and cannot take over design or documentation duties (Art. 7). Importers place only compliant products on the market, verify the manufacturer's work, add their own name and address, ensure instructions in the required language, protect the product in storage and transport, sample-test where the risks warrant it, take corrective action and keep the declaration or attestation for 10 years (Art. 8). Distributors verify the CE marking, documents, language and markings before making a product available, protect it in storage and transport and see that corrective action is taken (Art. 9). Importers and distributors that sell under their own brand or modify a product become manufacturers (Art. 10), and every operator identifies its suppliers and customers for 10 years (Art. 11).

### Emergency procedures from 30 May 2026

Directive (EU) 2024/2749 inserted Chapter 5a. Articles 38b to 38e apply only to products designated as crisis-relevant goods, only while an internal market emergency mode under Regulation (EU) 2024/2747 is active and only after the Commission has adopted the corresponding implementing act (Art. 38a). During such a period notified bodies process applications for the listed products as a matter of priority (Art. 38b), a Member State may authorise the placing on the market of a listed product for which the notified-body procedures have not been carried out but whose compliance with Annex II has been demonstrated as set out in the authorisation, which the Commission may extend to the whole Union and which replaces the CE marking with a crisis-relevant good indication (Art. 38c), the Commission may list standards or establish common specifications giving a presumption of conformity where harmonised standards are missing or cannot be used (Art. 38d), and Member States prioritise market surveillance of the listed products and assist one another (Art. 38e).

## Enforcement and penalties

Article 34 makes Article 15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 apply to the products covered by the directive; Regulation (EU) 2019/1020 deleted those articles with effect from 16 July 2021 and lists the directive in its Annex I, so the surveillance basis is read as Regulation (EU) 2019/1020 (Regulation (EU) 2019/1020, Art. 39(1), point (4), Art. 44 and Annex I, point 53). Where an authority has sufficient reason to believe that a product presents a risk to the health or safety of persons or to domestic animals or property, it evaluates the product, requires corrective action, withdrawal or recall within a period commensurate with the risk, informs the notified body concerned and, if the operator does not act, prohibits or restricts the making available, withdraws or recalls the product and informs the Commission and the other Member States (Art. 35). Compliant products that still present a risk can be treated the same way (Art. 37), and the Commission decides disputed national measures through the Union safeguard procedure (Art. 36). Formal non-compliance, such as a missing or wrongly affixed CE marking, a missing or wrongly affixed explosion-protection marking, group and category symbols or notified body number, a missing or incorrect declaration or attestation of conformity, incomplete technical documentation or missing identification and address information, must be ended and otherwise leads to restriction, prohibition, withdrawal or recall (Art. 38).

Penalties are set nationally: Member States lay down effective, proportionate and dissuasive penalties for infringements of their transposing laws, which may include criminal penalties for serious infringements (Art. 40). In Denmark, the directive is implemented by executive order nr. 484 of 28 May 2026 on products for use in a potentially explosive atmosphere, in force since 30 May 2026, which replaced executive order nr. 811 of 3 June 2022 (§ 53), the 2022 order having merged the earlier separate orders for electrical and for other ATEX products, and transposes the emergency procedures of Directive (EU) 2024/2749 (§§ 40 to 49). It is issued under the Danish product act (lov om produkter og markedsovervågning, consolidated as LBK nr. 22 of 8 January 2026), which lists the directive in § 2(1) no. 3 and names Erhvervsstyrelsen (the Danish Business Authority) as control authority in § 9. Sikkerhedsstyrelsen, part of Erhvervsstyrelsen since January 2026, has controlled all products under the directive since 1 December 2018, when it took over the non-electrical products from Arbejdstilsynet. The order lets Erhvervsstyrelsen order formal non-compliance corrected within a deadline (§ 38) and punishes infringements with a fine, rising to imprisonment of up to two years in aggravating circumstances such as danger to safety or health, an accident with serious injury or death, repeat or systematic infringement for financial gain or evasion of control, with a five-year limitation period and liability for companies (§ 52). Notified bodies for the directive are designated by Erhvervsstyrelsen on the basis of DANAK accreditation (§ 39).

## How Conphora helps

Conphora monitors the ATEX Directive and its harmonised standards and maps your products against the essential health and safety requirements, flagging gaps in the group and category assignment, the conformity assessment route, the technical documentation, the EU declaration or attestation of conformity and the CE and explosion-protection markings before they become enforcement problems. The platform helps you build and keep the documentation and the 10-year records, combines the ATEX declaration with the declarations the same product needs under other Union acts, and alerts you when a standard or the directive changes.

[See how Conphora works](/how-it-works) · [See plans and pricing](/pricing)

## Sources

- [Directive 2014/34/EU on equipment and protective systems intended for use in potentially explosive atmospheres, consolidated text of 30 May 2026 (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014L0034-20260530)
- [Directive 2014/34/EU as published in OJ L 96, 29 March 2014 (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0034)
- [Document information, dates and relationships for CELEX 32014L0034 (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32014L0034)
- [Directive (EU) 2024/2749 on emergency procedures for the conformity assessment and market surveillance of products (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024L2749)
- [Regulation (EU) 2019/1020 on market surveillance and compliance of products, Article 4 and Annex I (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1020)
- [Regulation (EU) 2016/425 on personal protective equipment, Article 46 repealing Directive 89/686/EEC (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0425)
- [Directive 1999/92/EC, the workplace directive on explosive atmospheres (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31999L0092)
- [Equipment for potentially explosive atmospheres (ATEX), including the ATEX Guidelines (European Commission, DG GROW)](https://single-market-economy.ec.europa.eu/sectors/mechanical-engineering/atex_en)
- [Bekendtgørelse nr. 484 af 28. maj 2026 om produkter til anvendelse i en potentielt eksplosiv atmosfære (Retsinformation)](https://www.retsinformation.dk/eli/lta/2026/484)
- [Bekendtgørelse af lov om produkter og markedsovervågning, LBK nr. 22 af 8. januar 2026 (Retsinformation)](https://www.retsinformation.dk/eli/lta/2026/22)
- [Kontrol med ATEX-produkter (Sikkerhedsstyrelsen, Erhvervsstyrelsen Markedsovervågning)](https://www.sik.dk/erhverv/produkter/atex/kontrol-atex-produkter)
- [Sikkerhedsstyrelsen, en del af Erhvervsstyrelsen from January 2026 (Sikkerhedsstyrelsen)](https://www.sik.dk/sikkerhedsstyrelsen-del-erhvervsstyrelsen)

*This guide is for general information and is not legal advice.*

## Sources

- [Directive 2014/34/EU on equipment and protective systems intended for use in potentially explosive atmospheres, consolidated text of 30 May 2026 (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02014L0034-20260530)
- [Directive 2014/34/EU as published in OJ L 96, 29 March 2014 (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014L0034)
- [Document information, dates and relationships for CELEX 32014L0034 (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32014L0034)
- [Directive (EU) 2024/2749 on emergency procedures for the conformity assessment and market surveillance of products (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024L2749)
- [Regulation (EU) 2019/1020 on market surveillance and compliance of products, Article 4 and Annex I (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1020)
- [Regulation (EU) 2016/425 on personal protective equipment, Article 46 repealing Directive 89/686/EEC (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0425)
- [Directive 1999/92/EC, the workplace directive on explosive atmospheres (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31999L0092)
- [Equipment for potentially explosive atmospheres (ATEX), including the ATEX Guidelines (European Commission, DG GROW)](https://single-market-economy.ec.europa.eu/sectors/mechanical-engineering/atex_en)
- [Bekendtgørelse nr. 484 af 28. maj 2026 om produkter til anvendelse i en potentielt eksplosiv atmosfære (Retsinformation)](https://www.retsinformation.dk/eli/lta/2026/484)
- [Bekendtgørelse af lov om produkter og markedsovervågning, LBK nr. 22 af 8. januar 2026 (Retsinformation)](https://www.retsinformation.dk/eli/lta/2026/22)
- [Kontrol med ATEX-produkter (Sikkerhedsstyrelsen, Erhvervsstyrelsen Markedsovervågning)](https://www.sik.dk/erhverv/produkter/atex/kontrol-atex-produkter)
- [Sikkerhedsstyrelsen, en del af Erhvervsstyrelsen from January 2026 (Sikkerhedsstyrelsen)](https://www.sik.dk/sikkerhedsstyrelsen-del-erhvervsstyrelsen)

_Reviewed 2026-09-24 by Conphora compliance team_