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What it regulates
Sets health and safety requirements for equipment and protective systems intended for potentially explosive atmospheres. Its occupational relevance lies in preventing ignition sources and limiting explosions in equipment used by workers. It regulates products and their conformity; workplace assessment and worker protection are addressed additionally by Royal Decree 681/2003.
Who it applies to
Selection covering ATEX products used at work, instructions, categories, essential requirements and conformity safeguards. It includes safety devices outside the explosive atmosphere needed for safe operation and components covered by section 1. The gasoline-vapour amendment in final provision one and the full administrative market framework are outside this entry.
Key provisions
The scope covers equipment, protective systems and specified devices and components. Exclusions must be checked: PPE and equipment whose explosion hazard arises exclusively from explosives, among others, have separate regimes.
Article 1Conformity assumes appropriate installation, maintenance and intended use. Section 3.2 expressly preserves worker-protection rules; product marking does not replace occupational risk assessment.
Article 3Annex II develops essential requirements for preventing explosive atmospheres and ignition sources, limiting consequences, materials, safety devices and information. The group and category under Annex I must suit the intended use.
Annex IIManufacturers must ensure safe design, supply the applicable conformity documentation and provide instructions and safety information at least in Spanish. Components have specific certification and marking rules and must not automatically be treated as finished equipment.
Article 6Since 30 May 2026, an emergency regime exists for specified products. Activation of sections 36–39 requires the Commission implementing act and an activated emergency mode, for designated crisis-relevant goods, without prejudice to the continuing effects preserved by sections 35.3–4 and 37.7.
Article 35The section 37 assessment derogation requires authorisation and demonstration of all applicable essential requirements. It is neither a general safety exemption nor automatic permission to market any product.
Article 37History and versions
BOE publication: 14/04/2016 · Initial entry into force: 20/04/2016
BOE-A-2016-3539Replaces Royal Decree 400/1996 in implementing EU ATEX product legislation. Royal Decree 302/2026 adds two definitions to section 2 and emergency Chapter VII; these amendments took effect on 30 May 2026. They remove neither Annex II essential requirements nor workplace protection under Royal Decree 681/2003.
Section 6: crisis definitions and new Chapter VII, effective from 30 May 2026 subject to section 35 conditions.
BOE-A-2026-8023Text versions of the selected OSH provisions
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 14/04/2016 | 20/04/2016 | BOE-A-2016-3539 | Article 1, Article 2, Article 3, Article 4, Article 6, Article 12, Article 13, Article 14, Article 15, Article 16, Transitional provision sole, Repealing provision sole, Final provision sixth, Annex I, Annex II |
| 10/04/2026 | 30/05/2026 | BOE-A-2026-8023 | Article 2, Article 35, Article 36, Article 37, Article 38, Article 39 |
Transitional provisions and application notes
The transitional provision preserves certificates and decisions issued under Royal Decree 400/1996. The legislative replacement does not itself require removal of every older item: dates, documentation, use and applicable prevention duties must be checked.
Transitional provision solePublished on 14 April 2016; the ATEX regime took effect on 20 April 2016. The different commencement date for the gasoline-vapour amendment does not apply to these requirements.
Final provision sixthCrisis-related presumptions of conformity have time limits and safeguards. This entry does not assert that a European emergency has been activated or that any particular product has been authorised.
Article 38
Official BOE legal relationships
This record covers the history of the selected occupational safety and health provisions. The official analysis also provides the relationships affecting other subjects in the legislation.
Official BOE legal relationships
