Responsibilities of Distributors Under ATEX Directive 2014/34/EU

Once explosion-protected equipment is made available through the European supply chain, distributors have specific responsibilities under Directive 2014/34/EU (ATEX).

Distributors are not responsible for designing, manufacturing, or performing conformity assessment of explosion-protected equipment. Their role is to act with due care and perform the checks required by Article 9 before making products available on the Union market.

These checks include verifying the applicable CE marking, conformity documentation, required documents, instructions and safety information, and certain identification requirements relating to the manufacturer and importer.

The distributor also has responsibilities concerning storage and transport, suspected nonconformity, corrective action, and cooperation with market surveillance authorities.

What Is a Distributor Under the ATEX Directive?

Article 3 of Directive 2014/34/EU defines a distributor as any natural or legal person in the supply chain, other than the manufacturer or importer, who makes a product available on the market.

The key concept is therefore making a product available on the market. A distributor can be a wholesaler, specialist equipment supplier, electrical distributor, or another economic operator that supplies ATEX equipment within the Union market.

The distributor does not need to be involved in manufacturing or importing the product to have obligations under Article 9.

What Does "Making Available on the Market" Mean?

Under the EU product legislation framework, making a product available on the market means supplying a product for distribution, consumption, or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.

This distinction is important because the distributor's obligations are linked to making the product available, not simply to owning or physically handling the equipment.

Distributor Responsibilities Under Article 9

Article 9 establishes the main responsibilities of distributors under the ATEX Directive.

1. Act With Due Care

When making an ATEX product available on the market, the distributor must act with due care in relation to the requirements of Directive 2014/34/EU.

This does not mean that the distributor must independently reproduce the manufacturer's engineering or conformity assessment work. It means the distributor must perform the checks specifically required by the Directive and must not ignore obvious indications of nonconformity.

2. Verify the Required Product Documentation

Before making a product available on the market, the distributor must verify that the product is accompanied by the applicable EU Declaration of Conformity or attestation of conformity and the required documents.

The distributor is therefore expected to check that the relevant conformity documentation accompanies the product. This is different from performing the conformity assessment itself.

3. Verify the CE Marking

The distributor must verify that the product bears the CE marking, where applicable.

For ATEX equipment and protective systems, the distributor should also check the product identification and explosion-protection marking as part of its due-care review, particularly where the markings form part of the manufacturer's compliance obligations.

4. Verify Instructions and Safety Information

The distributor must verify that the product is accompanied by the required instructions and safety information in a language that can be easily understood by end-users in the Member State where the product is to be made available.

Depending on the product, the accompanying information can include installation, commissioning, operation, maintenance, and safety instructions, including applicable special conditions for safe use.

5. Verify Manufacturer and Importer Identification

Article 9 requires the distributor to verify that the manufacturer and importer have complied with the relevant identification requirements.

For the manufacturer, this relates to the requirements in Article 6(5), (6), and (7), including product identification, applicable explosion-protection marking, and manufacturer identification.

For the importer, the distributor verifies compliance with the importer identification requirement in Article 8(3).

The distributor is therefore checking the presence and apparent compliance of required information; it is not assuming the manufacturer's or importer's legal responsibilities.

What a Distributor Does Not Have to Do

The distributor's Article 9 obligations should not be confused with the manufacturer's conformity assessment responsibilities.

A distributor is not generally required to:

• Design the explosion-protected equipment.
• Prepare the manufacturer's technical documentation.
• Perform the ATEX conformity assessment procedure.
• Certify the product.
• Repeat tests performed under the applicable conformity assessment procedure.
• Independently reproduce the manufacturer's engineering assessment.

The distributor's role is based on due care and verification of the information and conditions specified by Article 9.

Storage and Transport Responsibilities

While a product is under the distributor's responsibility, the distributor must ensure that its storage or transport conditions do not jeopardise compliance with the essential health and safety requirements in Annex II.

This is particularly relevant for explosion-protected equipment because physical damage or inappropriate handling can affect characteristics important to the equipment's conformity.

Examples of issues that may require control include:

• Mechanical damage during handling or transport.
• Damage to enclosures, seals, or other protection-related components.
• Exposure to storage conditions that could affect product conformity.
• Unauthorised modification or alteration of the equipment.
• Damage to product markings or required documentation.

What If a Distributor Suspects Nonconformity?

If a distributor considers or has reason to believe that a product does not comply with the essential health and safety requirements in Annex II, the distributor must not make the product available on the market until it has been brought into conformity.

Where the product presents a risk, the distributor must inform the manufacturer or importer and the relevant market surveillance authorities.

Depending on the situation, the distributor may need to:

• Stop further supply of the affected product.
• Contact the manufacturer or importer.
• Obtain missing or corrected documentation.
• Confirm that identified nonconformity has been addressed.
• Support withdrawal or recall activities where required.
• Provide relevant information to market surveillance authorities.

Corrective Action, Withdrawal, and Recall

If a distributor considers or has reason to believe that a product it has already made available on the market is not in conformity with the ATEX Directive, Article 9 requires the distributor to ensure that the necessary corrective measures are taken.

Depending on the circumstances, this may involve:

• Bringing the product into conformity.
• Withdrawing the product from the market.
• Recalling the product where appropriate.
• Informing the manufacturer or importer.
• Informing the competent national authorities where the product presents a risk.

The distributor does not necessarily perform the technical correction itself. Its obligation is to ensure that the necessary corrective action is taken.

Cooperation With Market Surveillance Authorities

Distributors must cooperate with competent national authorities when requested.

Following a reasoned request, the distributor must provide the information and documentation necessary to demonstrate product conformity.

The distributor must also cooperate with authorities on actions taken to eliminate risks posed by products that it has made available on the market.

Under Article 11, economic operators must also be able to identify, upon request from market surveillance authorities, the economic operator that supplied them with a product and the economic operator to whom they supplied a product. The relevant information must be available for 10 years after the product was supplied to them and after they supplied it onward.

Distributor vs Importer

Importers and distributors are both economic operators, but their roles under the ATEX Directive are different.

Feature	Importer	Distributor
Product originates from a third country	Yes, for the product being imported	Not necessarily
Places product from a third country on the Union market	Yes	No, unless the economic operator's role also meets the importer definition
Pre-market conformity/document checks	More extensive checks under Article 8	Checks specified under Article 9
Must verify CE marking where applicable	Yes	Yes
Must verify required instructions and safety information	Yes	Yes
Must provide its own identification	Yes	No equivalent Article 8(3) identification requirement
Must control storage and transport under its responsibility	Yes	Yes
Must cooperate with market surveillance authorities	Yes	Yes

Distributor vs Manufacturer

Responsibility	Manufacturer	Distributor
Design and manufacture the product	Yes	No
Draw up technical documentation	Yes	No
Perform applicable conformity assessment	Yes	No
Issue EU Declaration of Conformity	Yes	No
Apply required product markings	Yes	Distributor verifies required markings
Provide required instructions and safety information	Yes	Distributor verifies their presence
Act with due care when making product available	Manufacturer obligations apply to its own role	Yes
Control storage and transport under its responsibility	Yes	Yes

When Does a Distributor Become the Manufacturer?

A distributor does not automatically become a manufacturer simply because it sells ATEX equipment.

However, Article 10 provides that an importer or distributor is considered a manufacturer for the purposes of the ATEX Directive if it:

• Places the product on the market under its own name or trademark; or
• Modifies a product already placed on the market in such a way that compliance with the Directive may be affected.

In those circumstances, the distributor becomes subject to the manufacturer's obligations under Article 6.

Practical ATEX Distributor Checklist

Before making explosion-protected equipment available to a customer, a distributor can use the following Article 9-based checklist:

• Confirm the product bears the CE marking where applicable.
• Confirm the applicable EU Declaration of Conformity or attestation of conformity accompanies the product.
• Check that required supporting documents are available.
• Check that required instructions and safety information are supplied in the required language.
• Check manufacturer identification and applicable product markings.
• Check importer identification where an importer is involved.
• Look for obvious inconsistencies between the product, markings, and documentation.
• Ensure storage and transport conditions do not jeopardise product conformity.
• Stop supply if there is reason to believe the product is non-compliant.
• Inform the manufacturer or importer and authorities where the product presents a risk.
• Support corrective action, withdrawal, or recall where required.
• Maintain sufficient supply-chain information for traceability requests from authorities.

Common Misunderstandings About ATEX Distributors

Does a Distributor Have to Re-Certify ATEX Equipment?

No. The distributor is not responsible for repeating the applicable conformity assessment procedure. The distributor must perform the checks required by Article 9 and act with due care.

Does a Distributor Have to Review the Complete Technical File?

No. Article 9 does not require the distributor to perform a detailed engineering review of the manufacturer's technical documentation. The distributor must verify the documents and information specifically required by Article 9.

Must a Distributor Check the CE Marking?

Yes. Before making the product available, the distributor must verify that the product bears the CE marking, where applicable.

Does the Distributor Have to Put Its Name on the Product?

Not under the distributor-specific identification requirement in Article 9. The ATEX Directive expressly requires importer identification under Article 8(3), while Article 9 requires distributors to verify that the manufacturer and importer have complied with their applicable identification requirements.

Can a Distributor Supply a Product With Missing Instructions?

No. Article 9 requires the distributor to verify that the required instructions and safety information accompany the product. If there is reason to believe the product is not compliant, the distributor must not make it available until conformity has been restored.

Can a Distributor Become the Manufacturer?

Yes, in the circumstances defined by Article 10. This includes placing the product on the market under the distributor's own name or trademark, or modifying the product in a way that may affect compliance.

Key Points

• An ATEX distributor is an economic operator in the supply chain that makes a product available on the Union market, other than the manufacturer or importer.
• Distributors must act with due care in relation to the requirements of Directive 2014/34/EU.
• Before making a product available, distributors must verify the CE marking where applicable.
• Distributors must verify that the EU Declaration of Conformity or attestation of conformity and required documents accompany the product.
• Distributors must verify that required instructions and safety information are provided in the required language.
• Distributors must verify relevant manufacturer and importer identification requirements.
• Distributors must ensure storage and transport under their responsibility do not jeopardise product conformity.
• If there is reason to believe that a product is non-compliant, the distributor must not make it available until conformity has been restored.
• Where a product presents a risk, the distributor must inform the manufacturer or importer and the market surveillance authorities.
• Distributors must support corrective action, withdrawal, or recall where required.
• Distributors must cooperate with competent national authorities and provide requested information and documentation.
• A distributor can assume manufacturer obligations under Article 10 if it markets the product under its own name or trademark or modifies the product in a way that may affect conformity.

References

• Directive 2014/34/EU – Article 3, Definitions.
• Directive 2014/34/EU – Article 6, Obligations of manufacturers.
• Directive 2014/34/EU – Article 8, Obligations of importers.
• Directive 2014/34/EU – Article 9, Obligations of distributors.
• Directive 2014/34/EU – Article 10, Cases in which obligations of manufacturers apply to importers and distributors.
• Directive 2014/34/EU – Article 11, Identification of economic operators.
• Directive 2014/34/EU – Annex II, Essential Health and Safety Requirements.