Approve explosion-proof products

Prerequisites

• no conformity assessment procedure carried out
• Use of these products is required in the interest of protecting people, domestic and farm animals or goods
• The safety of the products is guaranteed in other ways (e.g. specially trained personnel, acceptance test by a ZÜS).
• Use of the requested products only in Germany
• duly justified and complete application to the competent market surveillance authority

Documents required

Application content informal (in writing):

• Description and specification of the product including the planned deviation
• it is a matter of placing individual devices, protective systems or devices (custom-made products) on the market, or
• the modification by a service provider of equipment, protective systems or devices already on the market at the operator's

Proof:

• that a conformity assessment procedure according to Directive 2014/34/EU 94/9/EG would mean a disproportionate effort or a disproportionate delay or that the use of the products is in the interest of protecting people, domestic animals and livestock or goods, where this interest z. B. can be hampered by the delay resulting from the conformity assessment procedures,
• the safety of the products is guaranteed in other ways (e.g. specially trained personnel, acceptance test by a ZÜS).
• that the products to be authorized are limited to the territory of the Member State concerned.

Please note

This provision may be applied in safety-related cases where the products concerned are urgently needed and there is not enough time to go through the full conformity assessment procedures (or to complete those procedures). With regard to the terms of the limited application, it is important to underline that the use of this clause must remain exceptional and not become normal practice.

Deadlines

There are no special legal deadlines to be observed

Procedure

• Written procedure on request (informal)
• Discretionary decision (optional decision)

Processing time

If the application documents are complete, they will be processed within one month, max. 3 months

Fees

So far, no fee has been provided for in the ArbSchGebO Hamburg

Legal remedies

It is possible to object within the time limits in the appeal.

Legal basis

§ 13 Explosion Protection Products Ordinance (11th ProdSV)



Explosion Protection Products Ordinance (11th ProdSV)



Annexes III to IX of DIRECTIVE 2014/34/EU OF THE EUROPEAN PARLIAMENT AND THE COUNCIL of February 26, 2014 on the harmonization of the legal provisions of the member states for equipment and protective systems intended for use in potentially explosive atmospheres

Conformity assessment procedures must always be carried out for products in potentially explosive areas. The market surveillance authority can approve exceptions upon a duly justified request. Components cannot be approved.