Genehmigung explosionsgeschützter Produkte

§ 13 Explosion Protection Products Ordinance (11. ProdSV)
Explosion Protection Products Ordinance (11th ProdSV)
Annexes III to IX of DIRECTIVE 2014/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on the harmonisation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres

Conformity assessment procedures must generally be carried out for products in potentially explosive areas. You can apply for approval in justified exceptional cases.

For the provision, issue or first use of equipment and protective systems for potentially explosive atmospheres, as well as their components and necessary safety, control and regulating devices, you must normally carry out a conformity assessment procedure.
To place products on the market or put them into service for which no conformity assessment procedure has been carried out, you require an authorisation from the competent body.
You cannot apply for an exemption for components.
You normally submit the application as a specialist company.

Your written, informal application should contain the following information:

• Description and specification of the product including the planned deviation
• Information on whether this involves placing on the market individual devices, protective systems or equipment (custom-made products)
• Information on whether the equipment, protective systems or devices already placed on the market are being modified by a service provider at the operator's premises.

Please attach the following documents to your application:

• Evidence of why a conformity assessment procedure under Directive 2014/34/EU 94/9/EC would entail a disproportionate burden or delay, or that the use of the products is in the interest of protecting people, domestic animals or property, which interest may be hampered, for example, by the delay resulting from the conformity assessment procedures,
• Evidence that the safety of the products is ensured by other means (e.g. by specially trained personnel, acceptance testing by a ZÜS).
• Evidence that the products to be approved are restricted to the territory of the Member State concerned.

• No conformity assessment procedure should be carried out.
• You submit a complete and sufficiently substantiated application to the competent authority.
• The use of the products is necessary in the interest of protecting people, domestic animals, farm animals or property.
• The safety of the products is ensured in other ways, for example by specially trained personnel or an acceptance test by an approved inspection body (ZÜS).
• You only use the requested products in Germany.

There is no fee.

• You submit the informal application together with the required documents to the responsible authority.
• The responsible authority will examine your application and your documents.
• If necessary, the competent authority will request further documents or information from you.
• The competent authority decides on the application at its discretion.
• You will receive a notification from the responsible authority.

If the application documents are complete, processing usually takes place within a maximum of 3 months.

There are no special legal deadlines to be observed.

This provision may be used in safety-related cases where the products concerned are urgently needed and there is not enough time to complete the full conformity assessment procedures (or to complete these procedures). With regard to the conditions for restricted application, it should be stressed that the use of this clause must remain exceptional and not become a common practice.

Objection within one month of receipt of the decision.

• Approve explosion-proof products
• Conformity assessment procedures must always be carried out for products in potentially explosive areas.
• In exceptional cases, the competent body acting as market surveillance authority may, upon duly substantiated application, authorise the placing on the market or putting into service of products for which no conformity assessment procedure has been carried out.
• No exemption is possible for components.

Justice and Consumer Protection Authority