Adopted · Adopted, not yet applying
The instrument is adopted and published but does not apply yet. Primary document.
The UK national authority has published adopted statutory guidance on the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (SI 2016/1107), as amended by the Product Safety and Metrology (EU Exit) Regulations 2019. It covers conformity assessment, marking and placing-on-market duties for ATEX-scope electrical and mechanical equipment supplied in Great Britain, affecting manufacturers, importers and distributors of hazardous area equipment. The guidance states no transition deadline.
The UK national authority has published statutory guidance for businesses on the UK ATEX Regulations 2016 — formally the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016, Statutory Instrument 2016 No. 1107. The guidance is at adopted stage and addresses conformity assessment, marking and placing-on-market duties for ATEX-scope equipment supplied in Great Britain. Manufacturers, importers and distributors of explosion protection equipment should read it against their current UKCA marking and technical documentation practice.
SI 2016/1107 is the primary UK legislation establishing essential health and safety requirements for equipment and protective systems intended for use in potentially explosive atmospheres. It has been amended by the Product Safety and Metrology (EU Exit) Regulations 2019, which converted the pre-exit regime into the domestic framework that now governs the Great Britain market.
That amendment is the origin of the divergence practitioners describe as UKEX versus ATEX. The 2016 Regulations as amended apply to products placed on the GB market intended for use in potentially explosive atmospheres; the EU ATEX Directive continues to govern the EU market and, through separate arrangements, Northern Ireland. The newly published statutory guidance is the national authority's own explanation of how the GB-facing obligations operate.
| Great Britain | EU | |
|---|---|---|
| Governing instrument | Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 as amended | EU ATEX Directive |
| Market covered | Products placed on the GB market intended for use in potentially explosive atmospheres | EU market and, through separate arrangements, Northern Ireland |
For compliance teams, the practical significance is that there is now an official, citable reference point on the GOV.UK domain for conformity assessment, marking and economic operator duties — rather than reliance on industry-produced interpretations of the 2019 EU Exit amendments.
The guidance, titled "Statutory guidance: Equipment for explosive atmospheres regulations", is published by the national authority and is described as guidance for businesses on the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations. Its stage is recorded as adopted, meaning it is in force as published rather than in consultation.
The content addresses three areas: conformity assessment, marking, and placing-on-market duties for ATEX-scope equipment supplied in Great Britain. It covers regulations and standards for electrical and mechanical equipment used in hazardous zones with explosive atmospheres.
| Document | Areas covered |
|---|---|
| Statutory guidance: Equipment for explosive atmospheres regulations | Conformity assessment; marking; placing-on-market duties for ATEX-scope equipment supplied in Great Britain |
| EU Exit guidance on the 2016 Regulations | Scope of the Regulations; essential health and safety requirements; conformity assessment |
| SI 2016 No. 1107 (legislation.gov.uk) | Essential health and safety requirements; conformity assessment procedures; scope of application; responsibilities of economic operators placing compliant equipment on the market |
Separately, EU Exit guidance on the 2016 Regulations covers the scope of the Regulations, the essential health and safety requirements, and conformity assessment. The underlying statutory instrument, SI 2016 No. 1107, remains available in full on legislation.gov.uk and sets out the essential health and safety requirements, the conformity assessment procedures and the scope of application, together with the responsibilities of economic operators placing compliant equipment on the market.
No transition period, deadline or enforcement statistic is stated in the published material reviewed for this analysis. Any date-driven action in your compliance plan must therefore be derived from your own certificate expiry schedule, not from this guidance.
The operative instrument is the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (SI 2016/1107), as amended by the Product Safety and Metrology (EU Exit) Regulations 2019. That is the complete legal citation your technical file and declaration of conformity should reference for GB supply.
The difference between ATEX and UKEX marking is jurisdictional rather than technical in origin. ATEX refers to the EU regime; UKEX is the practitioner shorthand for the GB regime established by the 2016 Regulations as amended, under which products placed on the GB market carry UKCA marking and are assessed by UK approved bodies rather than EU notified bodies. The sources reviewed confirm the existence of the two parallel regimes and that the 2016 Regulations as amended apply to products placed on the GB market; they do not set out a clause-by-clause technical comparison, and no such comparison should be assumed.
SI 2016/1107 establishes essential health and safety requirements for equipment and protective systems intended for use in potentially explosive atmospheres, and sets out conformity assessment procedures and the scope of application. The EU Exit guidance explicitly covers scope, essential health and safety requirements and conformity assessment — confirming these as the three areas where the national authority considered clarification necessary.
The sources do not enumerate the specific equipment groups, categories or conformity assessment modules. If your team needs the module-by-module mapping for ATEX equipment categories and conformity assessment modules in the UK, read it directly from the schedules to SI 2016/1107 on legislation.gov.uk rather than from secondary summaries.
Every economic operator placing equipment or protective systems for potentially explosive atmospheres on the Great Britain market is in scope: manufacturers, importers and distributors each carry distinct duties under the 2016 Regulations as amended. The regulations cover electrical and mechanical equipment used in hazardous zones with explosive atmospheres, so the affected population is not limited to electrical manufacturers.
In practice this reaches process industry suppliers — pumps, fans, gearboxes, conveyor components, lighting, junction boxes, gas detection, motors and drives — alongside protective systems such as explosion relief and suppression equipment. Mechanical equipment manufacturers who historically treated ATEX as an electrical matter remain in scope.
The second-order effect for dual-market suppliers is file duplication. A manufacturer serving both the EU and GB markets maintains one technical documentation set but two declarations of conformity, two marking configurations and, where third-party involvement is required, relationships with both an EU notified body and a UK approved body. The published guidance does not remove that duplication; it clarifies the GB half of it.
| EU market | GB market | |
|---|---|---|
| Declaration of conformity | One of two declarations of conformity | One of two declarations of conformity |
| Marking | One of two marking configurations | One of two marking configurations |
| Third-party involvement | EU notified body | UK approved body |
| Technical documentation | One technical documentation set | One technical documentation set |
Start with the legal citation audit. Pull every declaration of conformity issued for GB supply and confirm it cites the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 as amended — not the EU ATEX Directive, and not the 2016 Regulations in their pre-2019 form. Declarations still referencing the Directive alone for GB-placed product are the single most common defect in this area and the fastest to fix.
Second, confirm third-party involvement is correctly sourced. Where your equipment category requires approved body involvement for GB supply, verify that the body holding your file is a UK approved body and that the certificate references the 2016 Regulations. An EU notified body certificate alone does not evidence conformity assessment for Great Britain under the amended regime.
Third, reconcile the guidance against your technical documentation. The national authority has signalled, by the content of both the statutory guidance and the EU Exit guidance, that scope determination, essential health and safety requirements and conformity assessment are where businesses need clarification. Those are the three sections of your technical file to re-read first — particularly scope determination for borderline mechanical equipment, where categorisation errors propagate into the wrong conformity assessment procedure.
Fourth, assign ownership of marking artwork. UKCA marking for explosive atmosphere equipment sits alongside the Ex marking and category coding on the nameplate; artwork changes require drawing revision, supplier notification and stock rework lead time. Treat nameplate revision as a production-planning item, not a documentation item.
Fifth, separate your GB and EU regulatory registers. If your compliance management system holds a single "ATEX" entry, split it. The GB obligation flows from SI 2016/1107 as amended; the EU obligation does not.
No enforcement figures, inspection volumes, penalty levels or market surveillance statistics appear in the sources reviewed. No compliance deadline, transition end date or certificate reissue requirement is stated. Claims circulating to the contrary should be treated as unverified practitioner intelligence until the national authority publishes them.
The guidance is recorded as adopted, which means it is current. Practitioners should monitor the GOV.UK publication page for revisions, since statutory guidance of this type is updated in place rather than reissued under a new reference.
Two items for the register. First, the GOV.UK publication page for the statutory guidance — check the "last updated" field quarterly, as amendments to the guidance will not be separately announced. Second, any further amendment to SI 2016/1107 on legislation.gov.uk; the instrument has already been amended once by the Product Safety and Metrology (EU Exit) Regulations 2019, and the amended-version view on legislation.gov.uk is the authoritative consolidated text for GB compliance.
| Item | What to check | Frequency |
|---|---|---|
| GOV.UK publication page for the statutory guidance | The "last updated" field, as amendments to the guidance will not be separately announced | Quarterly |
| SI 2016/1107 on legislation.gov.uk | Any further amendment; the amended-version view is the authoritative consolidated text for GB compliance | — |
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