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Article 38a – Application of emergency procedures

ATEX Equipment for potentially explosive atmospheres 2014/34/EU · Consolidated version of 30 May 2026 · Official text on EUR-Lex

CHAPTER 5a – EMERGENCY PROCEDURES

1. Member States shall ensure that measures taken to transpose Articles 38b to 38e of this Directive apply only if the Commission has adopted an implementing act pursuant to Article 28 of Regulation (EU) 2024/2747 with respect to products covered by this Directive.

2. Member States shall ensure that measures taken to transpose Articles 38b to 38e of this Directive apply only to products which have been designated as crisis-relevant goods pursuant to Article 18(4) of Regulation (EU) 2024/2747.

3. Member States shall ensure that measures taken to transpose Articles 38b to 38e of this Directive apply only during the internal market emergency mode that has been activated in accordance with Article 18 of Regulation (EU) 2024/2747.

However, Article 38c(7) of this Directive shall apply during the internal market emergency mode and after its expiry or deactivation.

4. The Commission may adopt implementing acts regarding the corrective or restrictive actions to be taken, the procedures to be followed and the specific labelling and traceability requirements with respect to products placed on the market or used for the manufacturer’s own purposes in accordance with Articles 38c and 38d. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(3).

“Application of emergency procedures” in other acts

Contents of the act: Equipment for potentially explosive atmospheres