Government Decree No. 23 / 2003 Coll.
Government Regulation laying down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres
Valid
Effective from 01.05.2004
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23
GOVERNMENT REGULATION
of 9 December 2002
laying down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres
The Government orders pursuant to Article 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll. and Act No. 205 / 2002 Coll., ("the Act ') to implement Sections 11 (2), 11a (2) (c), 12 (1) and (3) and 13 (2) of the Act:
Basic provisions
(1) This Regulation lays down, in accordance with the law of the European Communities (1), technical requirements for:
(a) equipment and protective systems intended for use in potentially explosive atmospheres;
(b) safety, control and control instruments intended for use outside the potentially explosive environment which, however, are necessary or contribute to the safe operation of the equipment and protective systems with regard to explosion hazards.
(2) For the purposes of this Regulation:
(a) the equipment shall consider machinery, apparatus, fixed or mobile equipment, controls and their instrumentation, and detection or preventive protection systems, which are designed, individually or in combination, for the production, transmission, storage, measurement, control and conversion of energy or for the processing of materials and which are capable of causing explosion due to their own potential sources of initiation;
(b) protective systems shall consider devices other than those of equipment as defined in (a) which are intended to contain the explosion at an initial stage or to limit the extent of the effects of the explosion and which are placed on the market separately and used as autonomous systems;
(c) components shall consider elements relevant to the safe operation of equipment and protective systems which, however, do not have a separate function;
(d) the explosive atmosphere shall be regarded as a mixture of air with flammable substances in the form of gases, vapours, fog or dust under atmospheric conditions in which, after initiation, the combustion is spread to the whole unburned mixture;
(e) an explosion hazard environment shall consider an environment in which an explosive atmosphere may occur due to local and operational conditions;
(f) groups and categories of establishments shall consider groups and categories expressing the intended use of the equipment and the level of protection required, the criteria for the inclusion of the equipment in groups and categories being set out in Annex 1 to this Regulation. Equipment and protective systems may be designed for a specific explosive atmosphere; in which case they must be marked accordingly,
(g) the intended use shall consider the use of the equipment, protective systems and equipment referred to in paragraph 1 (b) which corresponds to their integration into the relevant group and category of equipment and which complies with all the information provided by the manufacturer necessary for the safe operation of the equipment and protective systems and equipment.
(3) This Regulation shall not apply to:
(a) medical devices intended for medical use;
(b) equipment and protective systems intended for use only in explosive explosive or chemically unstable areas;
(c) equipment intended for use in households and for purposes outside the business, where explosive atmospheres can occur only rarely, as a result of accidental leakage of heating gas;
(d) personal protective equipment provided for in specific legislation for conformity assessment, 2)
(e) seagoing vessels and mobile floating units together with their equipment;
(f) means of transport intended solely for the carriage of passengers by air, road, rail or water, as well as means of transport intended for the transport of luggage, goods and live animals by air, public roads, railways (excluding mining, industrial and portable railways) or water, with the exception of vehicles intended for use in potentially explosive atmospheres;
(g) equipment for the manufacture of weapons, ammunition and military equipment.
(4) The specified products under this Regulation within the meaning of Article 12 (1) (a) of the Act are those equipment, protective systems and components which are intended for potentially explosive atmospheres and the apparatus referred to in paragraph 1 (b), with the exception of the products referred to in paragraph 3. The products specified are classified in Groups I and II and categories M1, M2, 1, 2 and 3 in accordance with the criteria set out in Annex 1 to this Regulation.
Conditions for placing on the market and putting into service
(1) Equipment, protective systems and devices referred to in Article 1 (1) (b) may be placed on the market or put into service only if, when properly installed, maintained and used for the intended purpose, they do not endanger the health and safety of persons, including domestic and livestock animals or property, as appropriate.
(2) The technical requirements for equipment, protective systems and instruments referred to in Article 1 (1) (b), laying down essential safety and health requirements for the design and construction of equipment and protective systems and devices referred to in Article 1 (1) (b) (hereinafter referred to as "essential requirements"), are set out in Annex 2 to this Regulation. The equipment, protective systems and apparatus referred to in Paragraph 1 (1) (b) shall comply with the essential requirements applicable to them with regard to their intended use.
(3) Where one or more of the essential requirements is specified by harmonised Czech technical standards or, where appropriate, by foreign technical standards transposing harmonised European standards in the Member States of the European Union (§ 4a of the Act) and equipment, a protection system or apparatus referred to in § 1 (1) (b) or a component intended for installation in an installation or a protection system have been designed according to such standard, they shall be deemed to comply with the relevant essential requirements.
(4) Any device, protective system or apparatus referred to in Paragraph 1 (1) (b) which meets all the requirements of this Regulation shall bear the CE marking and be accompanied by an EC declaration of conformity before being placed on the market by the manufacturer or his authorised representative.
(5) Each component intended for installation in an installation or protective system shall be equipped with a written certificate as referred to in Article 3 (3) before being placed on the market by the manufacturer or his authorised representative.
(6) Equipment, protective systems and apparatus referred to in Article 1 (1) (b) which do not comply with the requirements of this Regulation may be presented or exhibited at fairs, exhibitions or demonstration events only if the visible inscription explicitly draws attention to this fact and that they are not for sale until they have been brought into conformity by the manufacturer or his authorised representative. Appropriate security measures must be taken to ensure the protection of persons when they are presented.
Conformity assessment procedures
(1) For equipment and apparatus referred to in Article 1 (1) (b), the assessment of their conformity shall be carried out by the following procedures:
(a) for establishments belonging to the group: The manufacturer or his authorised representative shall ensure the EC type-examination procedure referred to in Annex 3 to this Regulation and, at their choice, either the production quality assurance procedure referred to in Annex 4 to this Regulation or the product verification procedure referred to in Annex 5 to this Regulation,
(b) for combustion engines or electrical equipment belonging to the group: The manufacturer or his authorised representative shall ensure the EC type-examination procedure referred to in Annex 3 to this Regulation and, at his choice, either the conformity procedure referred to in Annex 6 to this Regulation or the product quality assurance procedure referred to in Annex 7 to this Regulation,
(c) for establishments belonging to the group: The manufacturer or his authorised representative shall ensure the internal production control procedure referred to in Annex 8 to this Regulation and transmit the technical documentation of the product (point 3 of Annex No 8 to this Regulation) to the notified person, 3),
(d) in the case of equipment belonging to category 3 Group II, the manufacturer or his authorised representative shall ensure the internal production control procedure referred to in Annex 8 to this Regulation;
(e) for establishments belonging to the group: The manufacturer or his authorised representative may, instead of the procedures referred to in paragraph 1 (a), (b), (c) or (d), choose a verification procedure for each product as set out in Annex 9 to this Regulation.
(2) In the case of autonomous protection systems, the manufacturer or his authorised representative shall ensure conformity assessment in accordance with the procedure referred to in paragraph 1 (a) or with the procedure referred to in paragraph 1 (e).
(3) For components intended to be incorporated into the manufacturer's equipment or protective system, or his authorised representative, the conformity assessment shall be carried out in accordance with the procedure referred to in paragraph 1, with the exception of the provisions of the component by the CE marking. The manufacturer or his authorised representative shall issue a written certificate certifying compliance of the component with the relevant provisions of this Regulation and indicating the characteristics of the component and the manner in which it must be incorporated in order to meet the essential requirements applicable to the installation or protection system.
(4) For the safety aspects referred to in point 1.2.7 of Annex 2 to this Regulation, conformity may be assessed by the manufacturer or his authorised representative in accordance with the internal production control procedure set out in Annex 8 to this Regulation.
(5) Documents and correspondence concerning the conformity assessment procedures referred to in the above provisions must be drawn up in one of the languages of the Member States of the European Union in which those procedures will be applied or in a language acceptable to the notified person concerned.
(6) The EC declaration of conformity shall contain:
(a) identification of the manufacturer or his authorised representative (for a natural person, name and last name and permanent address or place of business, for a legal person, name or business name and registered office);
(b) identification of the person authorised to act on behalf of the manufacturer or authorised representative;
(c) a description of the equipment, protective system or apparatus referred to in Article 1 (1) (b);
(d) references to the relevant legislation and provisions thereof which the equipment, protective system or apparatus referred to in Article 1 (1) (b) complies with;
(e) identification details of the notified person (number, name or business name and registered office) if he has participated in the conformity assessment and EC-type examination certificate number, if issued;
(f) a reference to the technical standards referred to in Article 2 (3), if used;
(g) technical standards and technical specifications, if any;
(h) references to the relevant legislation of the European Communities, if any.
(7) The conformity assessment documents (Section 13 (7) of the Act) include a copy of the EC declaration of conformity and the documents which, depending on the conformity procedure used, are set out in the relevant provisions of the Annexes to this Regulation.
CE marking and other marking
(1) The CE marking, the graphic form of which is laid down in a specific legislation, (4) shall be placed directly on the device, protective system or apparatus referred to in Article 1 (1) (b) so as to make it clear, visible, legible and indelible. For small devices, protective systems or devices referred to in § 1 (1) (b), the dimension of the CE marking may be less than 5 mm. The equipment, protective system or apparatus referred to in Article 1 (1) (b) shall not bear a mark which could mislead anyone with regard to the CE marking. A marking other than the CE marking may be affixed to the product, but this shall not reduce the visibility and, where appropriate, the legibility of the CE marking.
(2) The identification number of the notified person participating in conformity assessment at the production stage shall be indicated after the CE marking.
(3) The CE marking on the equipment, protective system or on the apparatus referred to in Article 1 (1) (b) indicates that the product complies with the technical requirements laid down in all the legislation which applies to it and which provides for or allows such marking and that the procedure laid down in the assessment of its conformity has been followed. However, if one or more laws allow the manufacturer, for a transitional period, to choose which provisions he will follow, the CE marking shall indicate compliance only with those laws or their provisions used by the manufacturer. In this case, the documentation, warnings or instructions required by the legislation concerned and annexed to the products concerned shall indicate the relevant European Community legislation or provisions applied by the manufacturer.
Notification of the imposition of a safeguard measure
In the event that a protective measure has been imposed under a specific legislation for the equipment, protective system or apparatus referred to in Article 1 (1) (b), (5), the notification of the decision to impose a protective measure pursuant to Article 7 (8) of the Act shall state whether the non-conformity was caused by:
(a) failure to meet the essential requirements referred to in Article 2 (2); or
(b) incorrect application of the technical standards referred to in Article 2 (3); or
(c) shortcomings in the technical standards referred to in Article 2 (3).
Authorisation conditions
(1) The conditions laid down in Annex 10 to this Regulation shall apply to the authorisation of legal persons under Article 11 (2) of the Act. Legal persons meeting the criteria laid down in the relevant harmonised technical standards shall be deemed to comply with the relevant conditions.
(2) The authorised person becomes a notified person in accordance with the procedure laid down in Article 11 (7) of the Act.
Transitional and final provisions
(1) Valid certificates or other documents issued on the basis of Government Decree No. 176 / 1997 Coll., as amended by Government Decree No. 286 / 2000 Coll., may be used for conformity assessment purposes under this Regulation unless they are repealed under the conditions laid down by law.
(2) Persons in charge of conformity assessment activities under Government Regulation No. 176 / 1997 Coll., as amended by Government Regulation No. 286 / 2000 Coll., shall be deemed to be persons in charge of activities under this Regulation.
The following shall be deleted:
1. Government Decree No. 176 / 1997 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres.
2. Government Decree No. 286 / 2000 Coll., amending Government Decree No. 176 / 1997 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive environments.
This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
PhDr. Špidla v. r.
Minister for Industry and Trade:
Ing. Rusnok v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 23 / 2003 Coll.
CRITERIA FOR ESTABLISHMENT OF GROUPS AND CATEGORIES
1. Device group I
(a) Category M 1 includes equipment that is designed and, where necessary, equipped with additional special protective equipment to be capable of operation in accordance with the operating parameters specified by the manufacturer and providing a very high level of protection.
The equipment of this category is intended for use in underground parts of mines threatened with methane or flammable dust and in those parts of surface equipment of these mines which are threatened with methane or flammable dust.
An installation of this category shall be required to remain operational even in the event of exceptional events in relation to the installation, in the presence of an explosive atmosphere, and to be characterised by such means of protection against explosion that:
(aa) either in the event of failure of one of the means of protection used, at least one other independent means of protection ensures a sufficient level of safety; or
(ab) a sufficient level of safety is ensured in the event of two mutually independent failures.
Equipment belonging to this category shall comply with the additional requirements set out in point 2.0.1 of Annex 2 to this Regulation.
(b) Category M 2 includes equipment designed to be capable of operation in accordance with the operating parameters specified by the manufacturer and providing a high level of protection.
The equipment of this category is intended for use in underground mines likely to be exposed to methane or flammable dust and in those parts of surface equipment of these mines where methane or flammable dust is likely to be present.
This device is expected to be switched off in the event of an explosive atmosphere.
Protective equipment for equipment of this category shall ensure a sufficient level of protection in normal operation as well as in the case of more severe operating conditions resulting mainly from gross treatment and environmental changes.
Equipment belonging to this category shall comply with the additional requirements set out in point 2.0.2 of Annex 2 to this Regulation.
2. Equipment Group II
(a) Category 1 includes equipment designed to be capable of operation in accordance with the operating parameters specified by the manufacturer and providing a very high level of protection.
The apparatus of this category is intended for use in spaces where an explosive atmosphere consisting of a mixture of air with gases, vapours or mists or a dusty air mixture is present permanently, for a long or frequent period.
The installation of this category shall ensure a sufficient level of protection even in the case of exceptional events in relation to the installation and shall be characterised by means such as to protect against explosion that:
(aa) either in the event of failure of one of the means of protection used, at least one additional independent means of protection shall ensure the required level of safety; or
(ab) in the event of two mutually independent failures, the required level of safety is ensured.
Equipment belonging to this category shall comply with the additional requirements set out in point 2.1 of Annex 2 to this Regulation.
(b) Category 2 includes equipment designed to be capable of operation in accordance with the operating parameters specified by the manufacturer and providing a high level of protection.
The apparatus of this category is intended for use in spaces where the occasional formation of an explosive atmosphere consisting of a mixture of air with gases, vapours or mists or dust-air mixtures is likely.
Protective devices for equipment of this category shall ensure a sufficient level of protection even in the case of frequent interference or frequent failures of equipment which are normally to be expected.
Equipment belonging to this category shall comply with the additional requirements set out in point 2.2 of Annex 2 to this Regulation.
(c) Category 3 includes equipment designed to be capable of operation in accordance with the operating parameters specified by the manufacturer and providing a normal level of protection.
The apparatus of this category is intended for use in spaces where the formation of an explosive atmosphere consisting of a mixture of air with gases, vapours or mists or dust air mixtures is unlikely and, if an explosive atmosphere occurs, will only be present for a short period of time and only rarely.
The design of the equipment of this category shall ensure the required level of safety in normal operation.
Equipment belonging to this category shall comply with the additional requirements set out in point 2.3 of Annex 2 to this Regulation.
Příloha č. 2
Annex No. 2 to Government Decree No. 23 / 2003 Coll.
ESSENTIAL SAFETY AND HEALTH REQUIREMENTS FOR PROPOSAL AND CONSTRUCTION OF EQUIPMENT AND PROTECTION SYSTEMS INTENDED FOR USE IN INTENDED EXPLOSION
Preliminary remarks
A. Technical knowledge which can change very quickly must be taken into account as quickly and immediately as possible.
B. For the apparatus referred to in § 1 (1) (b), the essential requirements shall apply only to the extent necessary for the safe and reliable operation and operation of such apparatus in view of the risk of explosion.
1. COMMON REQUIREMENTS FOR EQUIPMENT AND PROTECTION SYSTEMS
1.0 General requirements
1.0.1 Principles of complex explosion safety
Equipment and protective systems intended for use in potentially explosive atmospheres shall be designed with regard to complex blast safety.
To this end, the manufacturer shall take the following measures:
(a) in particular, where possible, to prevent the formation of an explosive atmosphere which could be generated or released by the device itself or by the protective system;
(b) prevent the initiation of an explosive atmosphere, taking into account the characteristics of all electrical and non-electrical sources of initiation;
(c) where, however, there is a likelihood of explosion likely to endanger persons directly or indirectly, including domestic and farm animals or property, to ensure that the explosion is contained immediately or to limit the effect of explosion flames and blast pressure to a sufficient level of safety.
1.0.2 Equipment and protective systems shall be so designed and constructed as to avoid dangerous situations as far as possible after an appropriate analysis of possible operational failures.
Any reasonably foreseeable misuse shall also be taken into account.
1.0.3 Special conditions for checking and maintenance
Equipment and protective systems subject to special testing and maintenance conditions shall be designed and constructed taking into account these conditions.
1.0.4 Ambient conditions
Equipment and protective systems shall be designed and constructed in such a way that they are able to withstand actual and foreseeable ambient conditions.
1.0.5 Labelling
All devices and protective systems shall have at least:
(a) the name and address of the manufacturer (for a natural person, the name and surname and permanent residence or place of business, the name or business name and registered office of the legal person);
(b) the CE marking,
(c) identification of the series or type;
(d) serial number, if any;
(e) the year of manufacture;
(f) a specific explosion protection marking accompanied by a symbol of the group and category of equipment;
(g) for group II equipment, the letter "G" (for explosive atmosphere consisting of a mixture of air with gases, vapour or fog) or the letter "D" (for explosive atmosphere in the form of dust-air mixture).
Furthermore, if necessary, all information relevant to their safe use shall also be indicated.
1.0.6 Instructions for use
(a) Each device and protective system shall be accompanied by instructions for use containing at least this information:
(aa) repeat the data by which the equipment or protective system is marked, except for the serial number (see paragraph 1.0.5), together with other appropriate additional information to facilitate maintenance (e.g. importer's addresses, repair organisation),
(ab) safe instructions: putting into service, use, installation and dismantling, maintenance (preventive maintenance and troubleshooting), installation, setting,
(ac) where necessary, the delimitation of the exposed space before the pressure relief device;
ad) where necessary, instructions for training,
(ae) details that allow without any doubt to decide whether the installation of the specified category or protection system can be safely used in the area under the expected operating conditions;
(af) electrical and pressure parameters, maximum surface temperature and other limit values;
(ag) where necessary, special conditions of use, including details of inappropriate use which may occur according to experience;
(ah) where necessary, the essential characteristics of the instruments which are suitable for the installation or protection system.
(b) Instructions for use shall be written by the manufacturer or his authorised representative in one of the languages of the European Community.
When putting into service, all devices and protective systems shall be equipped with a translation of the instructions for use into the language or languages of the country where they are to be used and the original instructions in one of the languages of the European Community.
This translation shall be carried out by the manufacturer or his authorised representative or by the person who places the equipment and protective systems in the relevant language area.
However, maintenance instructions intended for use by a specialist employed by the manufacturer or his authorised representative may be in one of the languages of the European Community to which such staff understand.
(c) The instructions for use shall contain the drawings and diagrams necessary for putting into service, maintenance, inspection, control of the correct operation and, where appropriate, for the repair of the equipment or the protection system, together with any useful instructions, in particular for safety.
(d) No commercial or other literature attached to a device or protection system describing a particular installation or protection system shall be contrary to the instructions describing safety aspects.
1.1. Selection of materials
1.1.1. Materials used for the construction of equipment and protective systems shall not cause explosion in the foreseeable operational stress.
1.1.2. Within the scope of the operating conditions specified by the manufacturer, reactions shall not arise between the material used and the components of potentially explosive atmosphere liable to interfere with explosion protection.
1.1.3. Materials shall be selected in such a way that foreseeable changes in their properties and their compatibility with other materials do not result in a reduction of the protection provided; attention shall be paid in particular to the corrosive properties of materials, wear resistance, electrical conductivity, mechanical strength, ageing resistance and the effects of temperature changes.
1.2 Design and construction
1.2.1 Equipment and protective systems shall be designed and constructed taking into account technical knowledge about explosion protection so that they can be safely operated throughout their expected lifetime.
1.2.2. Components intended for insertion or use as interchangeable parts in equipment and protective systems shall be designed and constructed in such a way that they can safely fulfil their intended explosion protection function when installed according to the manufacturer's instructions.
1.2.3 Closed structures and leak prevention
Equipment from which flammable gases or money may be released shall, where possible, use only closed structures.
Where openings or loose connections are present in the installation, they shall be carried out as far as possible in such a way that leakage gases or dust cannot create an explosive atmosphere outside the installation.
The places to which the material is supplied or taken from shall be as large as possible and equipped to limit the leakage of flammable substances when filling or discharge.
1.2.4. Dust installation
Equipment and protective systems intended for use in a dusty environment shall be so designed that the embedded dust on their surface cannot ignite.
As a general rule, dust deposits should be limited where possible. Devices and protective systems shall be easily cleaned.
The surface temperature of the part of the device shall be kept sufficiently low below the smoldering temperature of the settled dust.
The thickness of the dust layer shall be taken into account and, if necessary, measures shall be taken to limit the temperature so as to avoid heating.
1.2.5. Supplementary protective equipment
Equipment and protective systems which may be subjected to a particular type of external stress shall be equipped, where necessary, with additional protective equipment.
The device shall withstand appropriate stress without adverse effects on explosion protection.
1.2.6 Safe opening
If the device and the protective systems are located in a housing or in a closed cabinet forming part of the explosion protection itself, it shall be possible to open this housing or housing only with a special tool or under appropriate protective measures.
1.2.7 Protection against other hazards
Equipment and protective systems shall be so designed and constructed that:
(a) injury or other injury likely to occur as a result of direct or indirect contact is excluded;
(b) it has been ensured that no surface temperature or radiance on the accessible parts which could cause danger,
(c) the non-electrical hazards that may arise from experience are excluded;
(d) it is ensured that no dangerous situation occurs under foreseeable overload conditions.
If the risks for installations and protective systems referred to in this point are covered in whole or in part by other government regulations issued for the implementation of the law, these other government regulations shall apply to those risks.
1.2.8 Overload of equipment
The risk of overloading shall be prevented at the design stage by involving measuring, regulatory and control devices such as overcurrent protection, temperature limiters, differential pressure switches, flow meters, time relays, limit speed watchers and similar control devices.
1.2.9. Systems in fixed conclusion
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Regulation Information
| Citation | Government Regulation No. 23 / 2003 Coll., laying down technical requirements for equipment and protective systems intended for use in potentially explosive atmospheres |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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