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Hawke Pre-ATEX Products Are Still Safe To Use After The 30th June 2003

The Hawke brand name is renowned for product safety, product quality and product reliability. Hawke International is also well respected for general integrity and users can therefore be assured that the company's technical support is second to none. To further reinforce this position, Hawke's Technical Department have reviewed the latest ATEX implementation guidance from the European Commission and prepared a brief synopsis with particular relevance to end-users and distributors.

End Users and Distributors

End Users

Hawke pre-ATEX products owned and held as spare parts by a user may be installed after the 30th June 2003 providing that the product is not modified in such a way that it alters the performance or safety characteristics originally intended by Hawke International.

Distributors

Distributors who own and hold in their stocks pre-ATEX Hawke materials can continue to distribute this stock after the 30th June 2003, providing that the products are not modified in such a way that it alters the performance or safety characteristics originally intended by Hawke International.

What Happens To Non-ATEX Compliant Stock After 30th June 2003?

With less than a month to go before compliance with the ATEX Directive becomes mandatory, uncertainty and confusion still exists on the provision of non-ATEX compliant equipment after the 1st July 2003. In order to clarify the situation and alleviate any concern, Hawke International would like to advise their customers and distributors of the official European Commission standpoint regarding the issue.

In the latest European Commission document entitled "End of transition period for ATEX Directive 94/9/EC - Draft Questions and Answers" guidance was issued to the market on the supply of non compliant equipment after 30th June 2003. This document responds to a number of questions posed by Member States, the questions and resulting guidance pertinent to end-users & distributors is reproduced below.

Official European Commission Guidance

To interpret this guidance, three important terms must first be defined:

"Ready for use"
Meaning the ability to be incorporated or installed without a change to the performance or safety characteristics as originally anticipated by the manufacturer (1).

"Placing on the market"
A product is placed on the Community market when it is made available for the first time. This is considered to take place when a product is transferred from the stage of manufacture with the intention of distribution or use on the Community market. Moreover, the concept of placing on the market refers to each individual product, not to a type of product, and whether it was manufactured as an individual unit or in series. The product is considered to be transferred either when the physical hand-over or the transfer of ownership has taken place (2).

"Putting into service"
Putting into service takes place at the moment of first use within the Community by the end user (2).

Extract from the Official EC Guidance Document:

Q2 - Can there be some relaxation on the use of safe but non-compliant spares that may be held by end-users for use during the foreseeable life of the equipment/assembly?

A2 - In general, equipment, protective systems, components and safety devices, as defined in Article 1of the ATEX Directive which are spare parts and which are held by the end-user are likely to have been placed on the market already.

If the above spare parts were placed on the market prior to the end of the transition period and they were ready for use at that time then, according to the Blue Guide, they can be first used after the end of the transition period. Whether a product is ready for use must be assessed on a case by case basis and any subsequent alteration of the product would have to be taken into account in considering whether it was ready for use when placed on the market.

However, there may be spare parts falling within the scope of the ATEX Directive, which may be held by an end-user that may not have already been placed on the market. This is the case for equipment, protective systems or devices that are manufactured by the user for own use. In these circumstances the spare part will need to comply with the requirements of the ATEX Directive when it is first put into service (1).

Q5 - Distributors are those in the distribution chain who are neither manufacturers nor end-users. At the end of June 2003 they may be holding stock which has been "placed on the market" but is not in the hands of end-users. This equipment may already meet national health and safety requirements applicable at the relevant date.

A5 - The circumstances of each piece of stock would have to be examined individually.

However, such stock would already have been placed on the market before the end of the transitional period and would have complied with the relevant national health and safety provisions at that time, therefore such stock did not need to comply with the requirements of the ATEX Directive at that time. As regards putting into service the following approach could be considered:

A copy of the entire document can be found on the EC's website at:
http://europa.eu.int/comm/enterprise/atex/q&.htm

Can Hawke International continue to manufacture pre-ATEX equipment after June 30th 2003?

Despite the fact that Hawke International's products have always been designed and manufactured in accordance with the strictest interpretation of the relevant certification standards, it will no longer be permitted to manufacture and subsequently place on the European Community market pre-ATEX certified material after the 30th June 2003.

This situation shouldn't affect the vast majority of end-users or distributors as most Hawke products have been ATEX certified for approximately two years.

However, there are two instances where this could be an issue:

  1. Following the implementation of the ATEX Directive on the 1st July 2003, Hawke International's EExd Cast Iron Junction Boxes will not be available for Hazardous Area Installation within the EU. A member of Hawke's sales team will be contacting the relevant end-users and distributors w/c 23rd June 2003 to discuss the situation further and recommend the use of alternative Hawke products.
  2. Hawke's new ATEX Ex Connector range is now certified in accordance with the ATEX Directive. However, due to product improvements outside the requirements of the Directive it is anticipated that the new product will not be available for shipment from Hawke International's UK premises until 1st September 2003. Specific queries on this issue should be addressed to Hawke International.

Reference Material:

(1) The European Commission - "End of transition period for ATEX Directive 94/9/EC Draft Questions and Answers" (http://europa.eu.int/comm/enterprise/atex/q&.htm)

(2) The European Commission - "Guide to the implementation of directives based on the New Approach and the Global Approach (The Blue Guide)" (http://europa.eu.int/comm/enterprise/newapproach/legislation/guide/document/1999_1282_en.pdf)

Published: 20/06/2003