Decree 3/2003 (Hungary) – ATEX obligations explained
Decree 3/2003 (FMM–ESzCsM) sets out employers' ATEX obligations in Hungary. Who is obliged, when must the EPD be prepared, and what are the consequences of non-compliance?
What does Decree 3/2003 (FMM–ESzCsM) say?
The full title of the decree is "on the minimum occupational safety requirements for workplaces in potentially explosive atmospheres". It is the Hungarian transposition of EU Directive 1999/92/EC.
The decree applies to every employer where flammable gas, vapour, mist, aerosol or dust may be present and can form an explosive atmosphere. The size of the plant, the type of site or the number of employees does not matter: if flammable material is present, the decree is mandatory.
The employer's (operator's) main obligations
- Carry out a risk assessment – can an explosive atmosphere form?
- Zone classification – 0/1/2 for gas, 20/21/22 for dust.
- Prepare the Explosion Protection Document (EPD) before first commissioning.
- Select and operate suitable Ex equipment.
- Establish work rules for ATEX areas.
- Train employees on explosion-protection risks.
- Keep the EPD up to date – mandatory update on technology change.
The Explosion Protection Document (EPD) – what must it contain?
Under the decree, the EPD is a mandatory occupational-safety base document. It is not enough that "some documentation exists" – it must also meet the requirements in content.
Zone classification and zone map
Identification of every hazardous area, determination of zone extents, drawing documentation – for both gas and dust.
Ignition-source analysis
Identify the possible ignition sources (spark, hot surface, static charge) and how they must be managed.
Technical protective measures
What equipment, earthing solutions, ventilation systems and detectors are required for safe operation.
Organisational measures
Work rules, permit-to-work system, training syllabus, maintenance requirements in ATEX areas.
How is compliance achieved in practice?
Risk assessment
Identifying flammable materials and the likelihood of an explosive atmosphere.
Zone classification
Determining zones and drawing documentation.
EPD preparation
Compiling the complete explosion protection document.
Measures
Implementing Ex equipment, earthing and training.
Inspection
Periodic inspection per IEC 60079-17.
What are the consequences of non-compliance?
Official sanction
The labour-safety authority and disaster management can request the EPD at any inspection. In its absence: a fine, and in serious cases an order to suspend operation.
Insurance exclusion
After an explosion or fire, the insurer checks whether a valid EPD existed. In its absence the compensation may be excluded – possibly in full.
Employer liability
After an accident, the employer's personal liability can be examined – if not all legal obligations were met, criminal consequences cannot be ruled out either.
How does ATEX-FullCare help with compliance?
- Risk assessment and zone classification for gas and dust media.
- Explosion Protection Document (EPD) per Decree 3/2003.
- Review and update of an existing EPD after a technology change.
- Verification of Ex equipment compliance.
- Periodic inspection per IEC 60079-17.
- Preparation before an authority or insurer audit.
A question about Decree 3/2003?
Request a free 30–60 minute online needs assessment. We'll discuss your site's situation and determine exactly what is required for compliance.
- Briefly describe the site location and the medium (gas or dust)
- What you need help with: pre-screening / zone classification + EPD / periodic inspection
- Whether you already have an EPD or documentation
- Your desired deadline