§149 構成部品のマーキング

The ATEX Directive 2014/34/EU explicitly requires marking in Annex II, clause 1.0.5., only for equipment and protective systems. The question, whether components should nevertheless be marked in order to facilitate the implementation to the Directive, has particular practical relevance in cases - where it is difficult to recognise the difference between ATEX components and standard components, and - where a manufacturer who wanted to use a component might have serious problems undertaking his risk assessment, if there is no indication about the category of the component.

Apart from the question of marking, the Directive requires a written attestation of conformity for components (see section § 46). The latter shall give all the necessary information stating the characteristics. This normally occurs assigning to the component an explosion classification according to relevant harmonised standards, which looks like a marking (e.g. Ex II 1/2 G cb Tx or Ex II 1 G c Tx).

For components having an own potential ignition source or which are clearly correlated (with respect to the properties of the component) to equipment with a given category, it has been considered that without the definition of group and category, the necessary conformity procedure of the equipment, which the component will be incorporated to, cannot be performed.

In some cases the conformity procedure can only be performed, if the equipment, which the component will be incorporated to, is defined, and if this incorporation is a matter of the conformity procedure.

Therefore, it is recommended to mark components, as long as these can be assessed with respect to a certain category and group of equipment, indicating this category and group in the marking.

It should be noted that, in most cases, a component will not be marked with a temperature class as it is not, itself, a source of heat, or the temperature can only be determined when fitted within the final equipment.

Moreover, it is recommended to mark components for autonomous protective systems, which can be assessed with respect to the characteristic properties of the latter, as far as reasonable indicating these characteristics in the marking.

In any case, according to Directive 2014/34/EU, ATEX components shall not bear the CE-marking; components can be εx-marked with the specific marking of explosion protection, as a conformity marking as well as an identification marking.

Marking of components with the notified body's number

It has been discussed whether components subject to NB assessment required by the Directive should be marked with the notified body's identification number.

According to Article 1(1) the ATEX Directive 2014/34/EU applies to equipment, protective systems, safety devices and protective devices, and to components, under the generic denomination of "products". Hence, the provisions of the Directive which apply to "products" apply also to components unless otherwise specified.

The wording of Article 13(3) confirms that it is the intention of the legislator to treat components as products in general, but for those specific cases where explicit exceptions were defined. This is exclusively true for the CE marking (not allowed), and the name of the document by which the conformity is declared (attestation of conformity instead of EU declaration of conformity).

The requirement concerning the marking with the notified body's identification number is addressed in Article 16(3) of the Directive, providing that, where the body is involved in the production control phase, the identification number of the notified body must be affixed following the CE marking. It is clear from the wording of the referred article that CE marking and the marking with the notified body's identification number are two separate requirements.

It is therefore evident that: - the notified body's identification number shall be placed on components, e.g. when required by the conformity assessment procedures required in Annexes VI or IX; - although the CE marking requirement does not apply to components due to the specific provisions of Article 13(3), in the absence of an explicit provision to the contrary, Article 38(1)(d) shall be applied also to components; - Member States shall act on the basis of Article 38(1)(d) against non-compliant components in the same way as against non-compliant equipment or protective systems; - whenever notified bodies are involved in the production control phase of components, the notified body's identification number should also be placed on that component as required in Article 16(3), but certainly without the CE marking.