ATEX importer vs distributor duties start with the legal role
Article 2 defines an importer as a person or company established within the Union that places a product from a third country on the Union market. A distributor is another person or company in the supply chain that makes a product available but is neither the manufacturer nor the importer.
The label on an invoice is not decisive. An EU business that buys Ex equipment directly from a manufacturer outside the EU and first supplies the unit on the Union market normally performs the importer role. A reseller of an already placed unit normally performs the distributor role. The European Commission's 2022 Blue Guide explains that placing on the market is the first making available of each individual product, while later supply is making available. The Directive remains the controlling text.
This review used the original Official Journal act and the current EUR-Lex consolidated text dated May 30, 2026. The consolidated page is a documentation tool; the Official Journal acts are authentic.
Articles 8 and 9 concern product supply-chain operators, not workplace classification or installation approval. The MMAIATEX guide to ATEX 114 and ATEX 153 responsibilities explains that separate boundary.
Duties at a glance
| Compliance point | Importer under Article 8 | Distributor under Article 9 |
|---|---|---|
| Market action | Places a third-country product on the Union market | Supplies an already placed product |
| Basic duty | Places only compliant products on the market | Acts with due care when making products available |
| Before supply | Ensures Article 13 assessment and technical documentation exist | Verifies marking, documents, language information and traceability details |
| Identity | Adds its name, registered trade name or trademark and contact postal address as Article 8 permits | Verifies that the importer provided the Article 8(3) details where an importer is involved |
| Documents | Ensures the applicable declaration or attestation and required documents accompany the product | Verifies the applicable declaration or attestation and documents |
| Instructions | Ensures understandable information in the language required by the Member State | Verifies the required language information |
| Storage and transport | Must not jeopardise conformity while the product is under its responsibility | Must not jeopardise conformity while the product is under its responsibility |
| Risk monitoring | When appropriate to risk, tests samples and manages complaints, non-conformities and recalls | Article 9 has no matching sample-test paragraph, but due care and corrective duties apply |
| Retention | Keeps the declaration or attestation for ten years and ensures technical documentation can be supplied | No equivalent fixed period in Article 9, but requested conformity documents must be provided |
| Supply-chain traceability | Article 11 requires supplier and customer identification for ten years | The same Article 11 identification period applies |
What an ATEX importer must check before placing equipment
Before placing the product, the importer must ensure that the manufacturer used the appropriate Article 13 procedure, drew up technical documentation, applied CE marking where applicable, and supplied the applicable declaration or attestation and required documents. It must also ensure that the manufacturer met Article 6(5), (6) and (7).
For a procurement file, that means matching the exact legal manufacturer, product type, model and suffix across the nameplate, declaration or attestation, certificate schedules where relevant, instructions and purchase documents. The separate MMAIATEX guide on verifying IECEx certificates and ATEX documents explains why a similar-looking model, a logo or a cropped certificate page is not enough.
The importer must place its required identity and postal address on the product or, when that is not possible, on the packaging or an accompanying document. The details must be understandable to end users and authorities. Storage and transport under its responsibility must not undermine conformity.
If the importer has reason to believe the product is non-compliant, it must not place it until conformity is restored. A risk requires notice to the manufacturer and market-surveillance authorities. A later non-conformity requires necessary correction, withdrawal or recall. Risk cases require immediate information to relevant national authorities, including the non-compliance and measures taken.
What an ATEX distributor must verify before further supply
Before making a product available, Article 9 requires a distributor to verify CE marking where applicable, the EU declaration of conformity or attestation of conformity as applicable, required documents, and understandable instructions and safety information in the language required by the Member State.
The distributor must verify the referenced manufacturer traceability duties and the importer's Article 8(3) identity details. Missing information cannot be invented or repaired informally. A discrepancy in model, manufacturer, marking, language, declaration, attestation or importer address should be resolved before supply.
If it has reason to believe a product is non-compliant, it must stop supply until conformity is restored. A risk requires notice to the manufacturer or importer and authorities. Storage, transport, post-supply correction, requested information and authority cooperation also remain its duties.
A practical release checklist for Ex equipment
Before approving EU supply, record these checks:
- Identify who first places each unit on the Union market and who only supplies it later.
- Confirm that the product is within the scope of Directive 2014/34/EU and identify its intended use.
- Match the manufacturer, identifier, model and suffix across records.
- Confirm the applicable Article 13 conformity-assessment route.
- Verify applicable CE and explosion-protection marking without treating either as stand-alone proof.
- Obtain and match the EU declaration of conformity or component attestation, as applicable.
- Check instructions and safety information in the required language.
- Verify manufacturer and importer names and addresses in the locations permitted by the Directive.
- Define storage and transport controls that protect product condition.
- Document hold, escalation, corrective-action and authority-cooperation steps.
Product-law release is not installation approval. The IEC 60079-14:2024 equipment buyer checklist shows additional installation-document questions, while the ATEX vs IECEx guide explains why evidence from one scheme should not be assumed to satisfy another.
Rebranding or modification can create manufacturer duties
Under Article 10, an importer or distributor is treated as the manufacturer and becomes subject to Article 6 when it places a product under its own name or trademark, or modifies an already placed product in a way that may affect compliance. Private branding, machining, changing entries, substituting components or altering an assembly therefore requires a documented assessment before supply. The result depends on the actual change and conformity procedure, not a job title.
Current MMAIATEX certification status
The public MMAIATEX About page states that ATEX, IECEx and CCC certification work is in progress. MMAIATEX Explosion-proof Technology (Zhejiang) Co., Ltd. does not claim here that any identified product has completed ATEX conformity assessment. A brand, photograph, IP rating, test report, declaration template or standard reference does not prove certification of a model or configuration. Buyers must verify current product-specific documents, manufacturer, marking and scope.
Safety and legal disclaimer
This article is general compliance education, not legal advice, certification, market-surveillance approval, area classification or installation authorization. Directive 2014/34/EU must be applied with national implementation, current amendments, other applicable Union law, destination language rules and controlled product documents. The responsible economic operator and competent professionals must determine each transaction's role and obligations.
Request an evidence-led Ex equipment review
Send the destination Member State, supply-chain roles, exact model and suffix, intended use, area classification, required documents and planned branding or modification. MMAIATEX can organize available product information for review by the responsible importer, distributor, engineering and compliance teams.