§ 3 The recitals - application guide 2nd edition of the ATEX 2014/34/EU directive

§ 3 The recitals

The recitals, also known as consideranda, introduce the main provisions of the Directive and present the reasons for their adoption. Some of the recitals explain the changes that have been made in the new ATEX Directive 2014/34/EU compared with the previous Directive 94/9/EC (basically, the alignment to the New Legislative Framework through the provisions of Decision No 768/2008/EC: see section § 5).

The recitals do not have legal force as such and do not usually figure in the national legislation transposing and implementing the Directive. However, they help to understand the Directive, in particular, by clarifying the meaning of certain provisions. When interpreting the text of the Directive, the Courts may take the recitals into consideration in order to ascertain the intention of the legislators.

In the following comments, reference is made to the Articles and Annexes of the Directive introduced by each of the recitals. For further explanations, please refer to the comments on the Articles and Annexes concerned.

(1) Directive 94/9/EC of the European Parliament and of 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 (3) has been substantially amended (4). Since further amendments are to be made, that Directive should be recast in the interests of clarity.


(3) OJ L 100, 19.4.1994, p. 1.

(4) See Annex XI, Part A.