Atex guidelines

-11-3.5 Authorised representativeThis is the person or persons expressly appointed by the manufacturer by a written mandate to act onhis behalf in respect of certain manufacturer's obligations within the EU. The extent to which theauthorised representative may enter into commitments binding on the manufacturer is restricted bythe relevant Articles of the directive and determined by the mandate conferred on him by the latter.As an example, he could be appointed to undertake the testing in the EU territory, sign theEC declaration of conformity, affix the CE marking and hold the EC declaration of conformity andthe technical documentation within the EU at the disposal of the competent authorities.The quality assessment system of the authorised representative/responsible person will not be subjectto assessment by a notified Body, but the quality assessment system of the real manufacturer. Itwould not be reasonable to assess a quality assessment system of a person who is not producing theproduct and might only be a trade agent.Comments:Articles 8 and 10 together with Annexes 3 – 9 of the directive 94/9/EC define the obligationsincumbent on the authorised representative established within the EU with regard to conformityassessment, CE markings, EC declaration of conformity and the arrangements for holding this ECdeclaration of conformity, together with the technical documentation, at the disposal of the competentauthorities for a period of ten years after the last product has been manufactured.3.6 Other persons responsible for placing on the marketWhere neither the manufacturer, nor the authorised representative is established within the EU, anyother person resident in the EU who places the product on the EU market has obligations under thescope of the directive. The only obligation is to keep available the necessary documentation at thedisposal of the competent authorities for ten years after the last product has been manufactured. Intheir capacity as “person responsible for placing on the market” they are not entitled to assume otherresponsibilities which are solely reserved to the manufacturer or his authorized representative (e.g.signing the EC declaration of conformity).3.7 Equipment 22Equipment 23 , as defined in directive 94/9/EC, means machines, apparatus, fixed or mobile devices,control components and instrumentation thereof and detection or prevention systems which,separately or jointly, are intended for the generation, transfer, storage, measurement, control andconversion of energy or the processing of material and which are capable of causing an explosionthrough their own potential sources of ignition.Following discussions in the Standing Committee and the standardisation bodies it should be notedthat intrinsically safe equipment is included in the scope of the directive.2223It has become evident that a number of language versions of the ATEX Directives interpretsome definitions in different ways. The information provided here is intended to informinterested parties throughout the EEA on the common approach agreed by the MemberStates. It does not, however, impact in any way on the different versions as implemented inrelevant national legislation, nor the right of the manufacturer to choose this route should heso desire.Article 1.3(a) of the Directive