Directive 94/9/EC: Marking of components with the Notified body's number
This paper has been formally approved
by the procedure foreseen under Article 6 of Directive 94/9/EC
Shall components subject to NB assessment required by the Directive be marked with the Notified Body's number?
- According to Article 1(1) the Directive applies to equipment and protective systems. Article 1(3) provides that, for the purposes of the Directive, "equipment and protective systems intended for use in potentially explosive atmospheres" comprises: (a) equipment; (b) protective systems; (c) components. Hence, the provisions of the Directive which apply to "equipment and protective systems" apply to components unless otherwise specified.
- The wording of Article 8(3) confirms that it was the intention of the legislator to treat components as equipment or protective systems, in general, but for those specific cases where explicit exceptions were defined. This is exclusively true for: - the CE marking (not allowed), and - the name of the document by which the conformity is declared (attestation instead of declaration).
- The requirement concerning the marking with the Notified Body's number is addressed in chapter III of the directive (i.e. Articles 10 and 11) on "CE conformity marking". Article 10(1) provides that, where a Notified Body has been involved in the production control stage, the identification number of the Notified Body must be affixed next to the CE marking. It is clear from the wording of Article 10(1) that CE marking and the marking with the Notified Body's identification number are two separate requirements.
It is therefore evident that:
- the Notified Body's number shall be placed on components, e.g. when required by the conformity assessment procedures required in Annexes VI or IX
- although the CE marking requirement does not apply to components due to the specific provisions of Article 8(3), in the absence of an explicit provision to the contrary, Article 11 shall be applied also to components
- Member States shall act on the basis of Article 11 against non-compliant components in the same way as against non-compliant equipment or protective systems
- whenever Notified Bodies are involved in the production control stage of components, the Notified Body's identification number should also be placed on that component as required in Article 10(1), but certainly without the CE marking.