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    1.    These Regulations implement as respects Northern Ireland the European Parliament and the Council Directive No. 94/9/EC on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (the ATEX Directive). Subject to certain limited exceptions, references in the Regulations to the Community or a Member State include respectively a reference to the EEA or an EEA State, which are defined in regulation 2(1)(b).

    2.    Part I provides for the revocation of certain Regulations as from 1st July 2003 and includes some general definitions.

    3.    Part II provides for the application of the Regulations. They apply to equipment and protective systems intended for use in potentially explosive atmospheres, devices and components (relevant definitions are contained in regulation 3), other than those excluded by regulation 4 or 5. The Regulations do not apply to the equipment, protective systems or devices specified in Schedule 4 or components for them (regulation 4). Regulation 5 sets out transitional arrangements whereby the Regulations do not apply to equipment or a protective system placed on the market in the Community or the European Economic Area on or before 30th June 2003 which complies with the health and safety provisions in respect of it which were in operation in Northern Ireland on 23rd March 1994.

    4.    Part III sets out the general requirements of the Regulations. Regulation 6 imposes a duty on a "responsible person" (as defined in regulation 2(2)) who places on the market equipment, a protective system or device to ensure that it satisfies the relevant essential health and safety requirements and that the appropriate conformity assessment procedure has been carried out. In addition, the CE marking must be affixed to it by the manufacturer or his authorised representative established in the Community or the EEA in accordance with Schedule 1. Schedule 1 also includes provisions relating to inscriptions other than the CE marking. The relevant product must also be safe. Any person, other than the responsible person, who supplies equipment, a protective system or device must ensure that it is safe (regulation 7) although the regulation does not apply to such a product if it has been placed on the Community or EEA market before 29th July 1996 or has previously been put into service in the Community or the EEA.

    5.    Regulation 8 requires a responsible person who places a component on the market to ensure that the appropriate conformity assessment procedure has been carried out and that it is accompanied by a certificate, issued by the manufacturer or his authorised representative established in the Community or the EEA, which incorporates the specified declaration and statement.

    6.    For the purposes of regulations 6 and 8, a product is not to be regarded as being placed on the market where it is for export outside the Community or the EEA or is exhibited at a trade fair or exhibition (regulation 9).

    7.    The essential health and safety requirements (Annex II to the ATEX Directive) are set out in Schedule 2. Regulation 2 defines "relevant essential health and safety requirements".

    8.    The conformity assessment procedures are set out in various "Modules" in Annexes III to IX to the ATEX Directive (which are set out in Schedules 5 to 11). The appropriate conformity assessment procedure is determined in accordance with regulation 10, on the basis of the equipment-group (as defined in regulation 2(2)) and the equipment-category (as determined by the criteria in Schedule 3) of the product.

    9.    Regulation 12 provides for the appointment of notified bodies in Northern Ireland and specifies their functions. Regulation 13 provides for these bodies to charge fees.

    10.    Regulation 14 sets out the conditions for relevant products being taken to comply with the provisions of the ATEX Directive.

    11.    Part IV and Schedule 13 make provision for the enforcement of the Regulations by the Department of Economic Development. Regulation 16 provides for the offences and penalties for breach of the Regulations. There are also provisions relating to the defence of due diligence (regulation 17) and liability of persons other than the principal offender (regulation 18).

    12.    Certain amendments of existing Regulations are made by regulations 19 and 20. Regulation 19 amends the Electricity at Work Regulations (Northern Ireland) 1991 in order to incorporate references to Commission Directives No. 91/269/EEC and No. 94/44/EC which adapted to technical progress Council Directive No. 82/130/EEC concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp. Regulation 20 makes a consequential amendment to the Provision and Use of Work Equipment Regulations (Northern Ireland) 1993 ("the 1993 Regulations") and provides that these Regulations are to take effect for the purposes of the enforcement of regulation 10 of the 1993 Regulations as if that amendment had been made by means of Regulations made under Article 17 of the Health and Safety at Work (Northern Ireland) Order 1978.

    13.    Schedule 12 specifies the content of the EC declaration of conformity.