Can equipment installed before ATEX came into force still be used in a hazardous area?

Yes, in most cases, as long as it is still safe for the zone where it is used. The ATEX product directive does not apply retroactively: equipment that was placed on the market and put into service in the EU before the first ATEX directive became mandatory on 1 July 2003 does not need an ATEX certificate or CE marking. The workplace rules do apply to it, so the employer has to show in the explosion risk assessment that the equipment does not present an unacceptable ignition risk, and keep it inspected and maintained.

Short answer

• Product rules: Directive 94/9/EC applied from 1 March 1996, became mandatory on 1 July 2003 after a transition period, and was replaced by Directive 2014/34/EU from 20 April 2016. HSE states that any safe product in service in the EU on or before 30 June 2003 may remain in service indefinitely, whether European or non-European certified; the European Commission ATEX Guidelines add that such used products are covered again only if substantially modified.
• Workplace rules: under Directive 1999/92/EC, work equipment already in use or first made available before 30 June 2003 must meet the minimum requirements of Annex II, Part A (organisational and technical protection measures). The category based selection of Part B applies to equipment first made available after that date.
• Existing workplaces had until 30 June 2006 (three years) to meet the minimum requirements of the directive.
• No duty to upgrade to current standards. HSE (UK) states there is no obligation to bring old equipment fully up to current standards, but upgrades that are reasonably practicable should be made.
• It stops being "old" when it is substantially modified or imported second-hand from outside the EU; then the current product rules apply. Moving it to a new site does not by itself trigger them, but the employer must verify that it is fit for purpose there.

What the law actually requires for legacy equipment

The ATEX Guidelines explain that a product which was placed on the EU market and put into service in compliance with the rules of its time, national or European, can stay in use and circulate freely. Directive 2014/34/EU applies again only in specific cases:

The workplace directive is where the real obligations sit. The employer must classify the zones, assess the ignition risks and record in the explosion protection document that the workplace and work equipment are designed, operated and maintained with due regard for safety. Old equipment is not exempt from that assessment; it is only exempt from the product certification rules.

How to justify keeping old equipment in service

HSE suggests a simple test: do you have a reasonable basis for saying that the equipment remains as safe as it was when it was new? In practice that means:

1. Identify what it is. Find the original certificate or approval. Much pre-2003 electrical equipment was certified to the earlier European EN 500xx standards and carries an "EEx" marking; that is a recognised basis.
2. Check it still suits the zone. Zone drawings change. Compare the equipment's protection, gas group and temperature class with the current classification and substances. Very old markings may show only "II" without A, B or C.
3. Assess non-electrical equipment. Pumps, fans, gearboxes and mixers often had no explosion protection approval. HSE notes that little mechanical equipment is an ignition risk in normal operation, but it can become one in fault conditions. Use operating experience, information from the original maker and current standards as a reference.
4. Look at its condition and records. Maintenance history, original instructions and inspection findings show whether the protection is still intact.
5. Keep it in the inspection system. IEC 60079-17 explains that older installations are inspected against the standards that applied when they were installed, and its informative Annex C describes a fitness-for-purpose assessment for equipment whose suitability has to be demonstrated.

Common mistakes

• Treating "old" as "permanently approved". The exemption is from product certification only; deterioration, a changed zone or a new substance can make the equipment unsuitable.
• Moving equipment to another plant without review. HSE notes that equipment brought into service at a new site must comply with the directives that applied when it was first supplied or put into service, and its design must be reviewed as fit for purpose for the new zone and substances.
• Modifying instead of repairing. Rewinding a motor to a different rating, changing an enclosure or replacing a cable entry system can be a substantial modification.
• Buying spares that are "equivalent". Simple replacement parts are not affected, and spares already in stock on 1 July 2003 may be used, but HSE points out that spares placed on the market from that date which are themselves equipment, protective systems or components under ATEX must have gone through the ATEX conformity assessment.

Related on excodex

• ATEX explained: the two EU directives 2014/34/EU and 1999/92/EC in plain language
• Inspection of Ex installations under IEC 60079-17: initial, periodic, visual, close and detailed
• Can old equipment marked 'EEx' still be used in a hazardous area?
• Can equipment certified to an old edition of an Ex standard still be sold or installed?
• Standards spaces: Directive 1999/92/EC, IEC 60079-17

Standards and further reading

• Directive 1999/92/EC, Article 9 (special requirements for work equipment and workplaces) and Annex II: legislation.gov.uk (PDF)
• European Commission, ATEX 2014/34/EU Guidelines, 6th edition (January 2026), sections on used, repaired and modified products and on transitional provisions: ec.europa.eu (PDF)
• HSE, existing equipment issues (ATEX and DSEAR): hse.gov.uk
• IEC 60079-17:2023, inspection and maintenance of electrical installations in explosive atmospheres (Annex C, fitness-for-purpose assessment): sample pages

This article is general technical information prepared by the excodex editorial team. It does not replace the applicable standards, the equipment certificates and instructions, national regulations or the assessment of a competent person.