S.L. 427.39 Art. 4Definitions.

For the purpose of these regulations, the following definitions shall apply:

"accreditation" means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008; "authorised representative" means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks; "CE marking" means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;

"common specifications" means a set of technical requirements established to ensure compliance with regulatory obligations when harmonised standards are unavailable or insufficient; "components" means any item essential to the safe functioning of equipment and protective systems but with no autonomous function; "conformity assessment" means the process demonstrating whether the essential health and safety requirements of these regulations relating to a product have been fulfilled;

"conformity assessment body" means a body that performs conformity assessment activities including calibration, testing, certification and inspection; "crisis-relevant goods" means goods that are non-substitutable, non-diversifiable or indispensable in the maintenance of vital societal functions or economic activities in order to ensure the proper functioning of the internal market and its supply chains and that are considered essential for responding to a crisis during the internal market emergency mode that may be activated pursuant to Article 18(4) of Regulation (EU) 2024/2747 with respect to equipment covered by these regulations; "distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market; "economic operators" means the manufacturer, the authorised representative, the importer and the distributor; "equipment" means machines, apparatus, fixed or mobile devices, control components and instrumentation thereof and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy and/or the processing of material and which are capable of causing an explosion through their own potential sources of ignition; "equipment category" means the classification of equipment, within each equipment-group, specified in Schedule I, determining the requisite level of protection to be ensured; "equipment-group I" means equipment intended for use in underground parts of mines, and in those parts of surface installations of such mines, liable to be endangered by firedamp and/or combustible dust, comprising equipment categories M 1 and M 2 as set out in Schedule I; "equipment-group II" means equipment intended for use in other places liable to be endangered by explosive atmospheres, comprising equipment categories 1, 2 and 3 as set out in Schedule I; "explosive atmosphere" means a mixture with air, under atmospheric conditions, of flammable substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;

"harmonised standard" means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;

"implementing act" means a non-legislative act adopted by the European Commission for the purpose of providing rules and measures necessary for the implementation of these regulations and which are essential to provide for crisis situations during an internal market emergency mode activated in accordance with Article 18(4) of Regulation (EU) 2024/2747 with respect to equipment covered by these regulations; "importer" means any natural or legal person established within the Union who places a product from a third country on the Union market;

"intended use" means the use of a product prescribed by the manufacturer by assigning the equipment to a particular equipment-group and category or by providing all the information which is required for the safe functioning of a protective system, device or component;

"internal market emergency mode" means internal market emergency mode as defined in Article 3, point (3) of Regulation

(EU) 2024/2747;

"making available on the market" means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; "manufacturer" means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under his name or trade mark or uses it for his own purposes; "national accreditation body" means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008; "notified body" means a conformity assessment body which has been officially designated by its national authority and notified to the Commission to carry out the procedures for conformity assessment of certain products in accordance with regulation 15 before being placed on the market; "placing on the market" means the first making available of a product on the Union market; "potentially explosive atmosphere" means an atmosphere which could become explosive due to local and operational conditions; "protective systems" means devices other than components of equipment which are intended to halt incipient explosions immediately and/or to limit the effective range of an explosion and which are separately made available on the market for use as autonomous systems; "recall" means any measure aimed at achieving the return of a product that has already been made available to the end- user; "Regulation (EU) 2024/2747" means Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act); "technical specification" means a document that prescribes technical requirements to be fulfilled by a product; "withdrawal" means any measure aimed at preventing a product in the supply chain from being made available on the market; "Union harmonisation legislation" means any Union legislation harmonising the conditions for the marketing of products;