Administrative services A-Z

• Form name: not applicable
• Link to the aforementioned form, if applicable: no
• Online procedure possible: no
• Written form required: yes
• Personal appearance required: no

The provision, issue or first-time use of devices and protective systems for potentially explosive atmospheres, as well as their components and the necessary safety, monitoring and control devices, is regulated by the Product Safety Act.

Normally, a conformity assessment procedure must be carried out in accordance with Annexes III to IX of Directive 2014/34/EU (ATEX Directive).

However, the market surveillance authority may, upon duly justified request, authorize the placing on the market or putting into service of products for which no conformity assessment procedure has been carried out, provided that the use of these products is necessary in the interests of the protection of persons, domestic animals or property. This regulation only applies to the territory of the country concerned and not to components. Applications are generally submitted by (specialist) companies.

• no conformity assessment procedure carried out
• Use of these products is necessary in the interest of protecting people, pets, livestock or goods
• The safety of the products is ensured by other means (e.g. specially trained personnel, acceptance test by a ZÜS).
• Use of the products applied for only in Germany
• Sufficiently substantiated and complete application to the competent authority

Application content informal (in writing):

• Description and specification of the product including the planned deviation
• is the placing on the market of individual devices, protective systems or devices (custom-made products) or
• the modification of devices, protective systems or devices already placed on the market at the operator's premises by a service provider

Proof:

• that a conformity assessment procedure in accordance with Directive 94/9/EC would entail a disproportionate effort or delay or that the use of the products is in the interest of health and safety protection, whereby this interest may be impeded, for example, by the delay resulting from the conformity assessment procedures,
• the safety of the products is ensured by other means (e.g. specially trained personnel, acceptance test by a ZÜS).
• that the products to be approved are restricted to the territory of the Member State concerned.

• Written procedure on request (informal)
• Discretionary decision (optional decision)

There are no special legal deadlines to be observed.

State Office for Occupational Safety, Consumer Protection and Health

Occupational Health and Safety Department

• § 13 Explosion Protection Products Ordinance (11th ProdSV)
• Explosion Protection Products Ordinance (11th ProdSV)
• Annexes III to IX of DIRECTIVE 2014/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on the harmonization of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (

LV 53 Instructions for market surveillance in the area of 11th GPSGV" under:

• Länder Committee for Occupational Safety and Safety Technology (LASI)

Ministry for Climate Protection, Environment, Energy and Mobility Rhineland-Palatinate