Comparison Between

ATEX 94/9/EC

and

NFPA 85
Gerald L Young
PENTA Engineering Co. LLC
 PURPOSE OF ATEX

• “The objective of Directive 94/9/EC is to ensure

free movement for the products to which it
applies in the EU territory.”

• Essential Health and Safety Requirements

(EHSRs) are listed in Annex II to Directive
94/9/EC.
 PURPOSE OF NFPA 85

• 9.2 Purpose.

• 9.2.1 The purpose of this chapter shall be

to establish minimum requirements for
design, installation, operation, and
maintenance of pulverized fuel systems.
 DIRECTIVE 94/9/EC OF THE EUROPEAN
PARLIAMENT AND THE COUNCIL
of 23 March 1994

• on the approximation of the laws of

the Member States concerning
equipment and protective systems
intended for use in potentially
explosive atmospheres
 ATEX
• “…this Directive sets out essential requirements
only; whereas, in order to facilitate the task of
proving compliance with the essential
requirements, harmonized European standards
are necessary, more especially with regard to the
non-electrical aspects of protection against
explosions — standards relating to the design,
manufacture and testing of equipment,
compliance with which enables a product to be
presumed to meet such essential requirements;.”
 NFPA
In the IMPORTANT NOTICES AND DISCLAIMERS
section it states:
The NFPA has no power, nor does it undertake, to
police or enforce compliance with the contents of
this document. Nor does the NFPA list, certify, test
or inspect products, designs, or installations for
compliance with this document. Any certification or
other statement of compliance with the
requirements of this document shall not be
attributable to the NFPA and is solely the
responsibility of the certifier or maker of the
statement.
 NFPA 85 PROVIDES:
• Details on design

• Numerous schematics of pulverized systems

• Lists of equipment and equipment arrangements

• Start up sequences, Normal operations, and

Shutdown sequences.

• Procedures for abnormal conditions

 CERTIFICATIONS
ATEX vs NFPA
• ATEX provides for conformity marking for
products that are certified by the
manufacturer to meet the requirements of
94/9/EC

• NFPA does not have a certification

program for equipment or installations
 REQUIREMENTS FOR CONSTRUCTION
ATEX vs NFPA

ATEX states that the equipment used and

the construction measures used must
make the operation of a grinding system
safe.

NFPA provides rather detailed guidelines on

the design and operation of pulverized fuel
systems
 EQUIPMENT MANUFACTURERS
ATEX vs NFPA

• Manufacturers of equipment must provide

for a risk assessment of their equipment,
test their equipment and certify it meets
94/9/EC.

• NFPA does not have a certification

program for manufacturers.
 INSTALLATIONS
ATEX vs NFPA
• ATEX does not regulate the process of
installation. Installing such equipment will
generally be subject to legal requirements either
workplace directives or the domestic legislation
of the Member States.

• NFPA provides specific guidelines on pulverized

fuel installations. For example, more than 15
schematics of various pulverized fuel systems
are provided.
 PRESSURE EQUIPMENT
ATEX vs NFPA

• ATEX does not address pressure equipment, but

defers to Pressure Equipment Directive (PED)
97/23/EC, a single market directive similar to
Directive 94/9/EC.

• NFPA does not address pressure relief

equipment and directs the reader to NFPA 68
Standard on Explosion Protection by
Deflagration Venting and NFPA 69 Standard on
Explosion Protection Systems
ATEX - OBLIGATIONS OF THE EMPLOYER
• Article 3

• Prevention of and protection against

explosions
– With a view to preventing, within the meaning
of Article 6(2) of Directive 89/391/EEC, and
providing protection against explosions, the
employer shall take technical and/or
organisational measures appropriate to the
nature of the operation, in order of priority and
in accordance with the following basic
principles:
 ATEX - OBLIGATIONS OF THE EMPLOYER
— the prevention of the formation of explosive atmospheres,
or where the nature of the activity does not allow that,

— the avoidance of the ignition of explosive atmospheres, and

— the mitigation of the detrimental effects of an explosion so

as to ensure the health and safety of workers.

• These measures shall where necessary be combined

and/or supplemented with measures against the
propagation of explosions and shall be reviewed regularly
and, in any event, whenever significant changes occur.
NFPA - OBLIGATIONS OF THE EMPLOYER

NFPA does not list obligations of the employer.