Health and Safety
Executive / Commission
Local authority circulars
To: All Unitary and Island Councils; County Councils in England; and Fire Authorities
For the attention of: Environmental Services /Trading Standards /Fire Authorities /Other
This circular gives advice to Petroleum Enforcement Officers
1 This circular provides information on the approval of new petrol dispensers under the ATEX Directive. The sale of second-hand equipment within the European Union is not subject to the ATEX Directive and reference should still be made to HELA Local Authority circular 65/8 for information on the standards for used or refurbished petrol dispensers.
2 The European Union "ATEX" Directive (94/9/EC) was enacted by UK legislation as 'The Equipment & Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996' (S.I. 1996 No 192) and came into force on 1 March 1996. These Regulations are not mandatory for applicable equipment until July 2003 but do allow for voluntary compliance by manufacturers between March 1996 and July 2003. During this period approval of equipment under both existing national systems and the ATEX Regulations is permitted.
3 HSE advise that in the period up to 30 June 2003, Petroleum Enforcing Authorities should accept both:
a) Petrol dispensers that carry the CE marking as meeting the requirements of Group II Category 2 electrical equipment in accordance with the ATEX Directive and have been certified by a Notified Body.
b) Petrol dispensers that have been certified as being in compliance with British Standard BS 7117: Part 1: 1991.
4 As a consequence of the scope of ATEX Directive and the underlying principles to remove barriers to trade it is not necessary or possible for Petroleum Enforcing Authorities to seek additional measures or assessments for petrol dispensers that have been properly assessed as meeting the essential health and safety requirements of the Directive. Enforcing authorities, however, could seek of the user measures which are regarded as installation requirements. For example the provision and installation of under pump check or emergency valves1.
5 The ATEX Regulations are enforced by HSE and where Petroleum Enforcing Authorities have concerns as to the safety standards of CE marked equipment they should notify the local HSE office.
6 Further information on the ATEX Directive, essential health and safety requirements and categories of equipment are contained in the appendix to this PETEL Circular.
1 It is unlikely that there are barrier to trade issues concerning installation requirements, but if it is raised please contact HSE for advice.
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APPENDIX
1 In order to remove barriers to trade the European Community has introduced a number of Directives covering the health and safety requirements for various equipment and machines. One Directive that is particularly relevant to the certification of dispensers is the ATEX Directive (94/9/EC).
2 The ATEX Directive was transposed into UK legislation as 'The Equipment & Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996'. The Directive and the Regulations define different groups and categories of equipment and lay down essential health and safety requirements that need to be met before equipment is placed on the market. The Regulations detail how these requirements are shown to have been met for the different groups and categories of equipment.
3 The 1996 Regs are not mandatory until June 2003 for equipment that complies with any National requirements that existed in 1994. They do, however, allow voluntary compliance before 2003 for manufacturers to demonstrate that their equipment complies with the ATEX Directive ie. meets the essential health & safety requirements. Where a manufacturer has demonstrated that his equipment complies now with ATEX it can at this moment in time be 'CE' marked and legally placed on the market and used.
4 The essential health and safety requirements of ATEX include measures to:
There is also a general requirement in ATEX for any equipment to be safe. Safe means that equipment when properly installed and maintained and used for its intended purpose does not endanger the health and safety of people.
5 One way of demonstrating conformity with the essential health and safety requirements is by meeting the specifications detailed in a European Standard that has been mandated under the relevant Directive. A European standard for dispensers is under preparation but it will not be published until 2000/2001.
6 The procedures for achieving conformity with ATEX vary depending on the category of equipment being marketed. Category 1, normally associated with equipment for use in Zone 0 areas, requires a very high level of protection involving third party assessment for both the design and the manufacturing process. Category 2, normally associated with equipment for use in zone 1 areas, requires a high level of protection that is achieved through third party assessment of the equipment design. Category 3, normally associated with equipment for use in zone 2 areas, only requires a level of protection that can be achieved by self certification by the manufacturer.
7 Before deciding which category of equipment is required for any particular application it is necessary to carry out a risk assessment as well as considering the hazardous areas that will arise around the equipment. Ideally there should be common agreement throughout Europe on the appropriate category for petrol dispensers. HSE recommend that petrol dispensers, for use according to standard practices on forecourts, are supplied to meet the requirements of Group II category 2 equipment. This recommendation has been verbally accepted by the ATEX Standing Committee in Brussels who prepare guidelines for EC members.