This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B DIRECTIVE 1999/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 December 1999
on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive
atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
(OJ L 23, 28.1.2000, p. 57)
Corrected by:
"C1 Corrigendum, OJ L 134, 7.6.2000, p. 36 (1999/92)1999L0092 — EN — 28.01.2000 — 000.001 — 1
DIRECTIVE 1999/92/EC OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL
of 16 December 1999
on minimum requirements for improving the safety and health protection
of workers potentially at risk from explosive atmospheres (15th
individual Directive within the meaning of Article 16(1) of Directive
89/391/EEC)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Article 137 thereof,
Having regard to the proposal from the Commission (1), submitted after
consultation with the Advisory Committee on Safety, Hygiene and HealthProtection at Work and the Safety and Health Commission for the Mining and
Other Extractive Industries,
Having regard to the opinion of the Economic and Social Committee (
2),
After consulting the Committee of the Regions,Acting in accordance with the procedure referred to in Article 251 of the
Treaty, in the light of the joint text approved by the Conciliation Committee
on 21 October 1999 (
3),
Whereas:(1) Article 137 of the Treaty provides that the Council may adopt, by
means of Directives, minimum requirements for encouraging im-
provements, especially in the working environment, to guarantee a
better level of protection of the health and safety of workers;
(2) Under the terms of that Article, those Directives are to avoid imposing
administrative, financial and legal constraints in a way which would
hold back the creation and development of small and medium-sized
undertakings;
(3) The improvement of occupational safety, hygiene and health is an
objective which should not be subordinated to purely economic
considerations;
(4) Compliance with the minimum requirements for improving the safety
and health protection of workers potentially at risk from explosiveatmospheres is essential if workers’ safety and health protection is to
be ensured;
(5) This Directive is an individual Directive within the meaning of Article
16(1) of Council Directive 89/391/EEC of 12 June 1989 on theintroduction of measures to encourage improvements in the safety and
health of workers at work (
4); therefore, the provisions of the said
Directive, in particular those relating to worker information, to theconsultation and participation of workers and to the training ofworkers, are also fully applicable to cases in which workers are
potentially at risk from explosive atmospheres, without prejudice to
more restrictive or specific provisions contained in this Directive;
(6) This Directive constitutes a practical step towards the achievement of
the social dimension of the internal market;
(7) 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 inpotentially explosive atmospheres (
5) states that it is intended to!B
(1) OJ C 332, 9.12.1995, p. 10 and OJ C 184, 17.6.1997, p. 1.
(2) OJ C 153, 28.5.1996, p. 35.
(3) Opinion of the European Parliament of 20 June 1996 (OJ C 198, 8.7.1996, p. 160)
confirmed on 4 May 1999 (OJ C 279, 1.10.1999, p 55), Council Common Positionof 22 December 1998 (OJ C 55, 25.2.1999, p. 45), Decision of the European
Parliament of 6 May 1999 (OJ C 279, 1.10.1999, p. 386). Decision of the European
Parliament of 2 December 1999 and Council Decision of 6 December 1999.
(
4) OJ L 183, 29.6.1989, p. 1.
(5) OJ L 100, 19.4.1994, p. 1.1999L0092 — EN — 28.01.2000 — 000.001 — 2
prepare an additional Directive based on Article 137 of the Treaty
covering, in particular, explosion hazards which derive from a givenuse and/or types and methods of installation of equipment;
(8) Explosion protection is of particular importance to safety; whereas
explosions endanger the lives and health of workers as a result of theuncontrolled effects of flame and pressure, the presence of noxious
reaction products and consumption of the oxygen in the ambient air
which workers need to breathe;
(9) The establishment of a coherent strategy for the prevention of
explosions requires that organisational measures complement thetechnical measures taken at the workplace; Directive 89/391/EEC
requires the employer to be in possession of an assessment of the risks
to workers’ health and safety at work; this requirement is to beregarded as being specified by this Directive in that it provides that theemployer is to draw up an explosion protection document, or set of
documents, which satisfies the minimum requirements laid down in
this Directive and is to keep it up to date; the explosion protectiondocument includes the identification of the hazards, the evaluation ofrisks and the definition of the specific measures to be taken to
safeguard the health and safety of workers at risk from explosive
atmospheres, in accordance with Article 9 of Directive 89/391/EEC;the explosion protection document may be part of the assessment of
the risks to health and safety at work required by Article 9 of Directive
89/391/EEC;
(10) An assessment of explosion risks may be required under other
Community acts; whereas, in order to avoid unnecessary duplication ofwork, the employer should be allowed, in accordance with nationalpractice, to combine documents, parts of documents or other
equivalent reports produced under other Community acts to form a
single ‘safety report’;
(11) The prevention of the formation of explosive atmospheres also
includes the application of the substitution principle;
(12) Coordination should take place when workers from several undertak-
ings are present at the same workplace;
(13) Preventive measures must be supplemented if necessary by additional
measures which become effective when ignition has taken place;maximum safety can be achieved by combining preventive measures
with other additional measures limiting the detrimental effects of
explosions on workers;
(14) Council Directive 92/58/EEC of 24 June 1992 on the minimum
requirements for the provision of safety and/or health signs at work(ninth individual Directive within the meaning of Article 16(1) ofDirective 89/391/EEC) (
1) is fully applicable, in particular to places
immediately contiguous to hazardous areas, where smoking, cross-
cutting, welding and other activities introducing flames or sparks mayinteract with the hazardous area;
(15) Directive 94/9/EC divides the equipment and protective systems which
it covers into equipment groups and categories; this Directive provides
for a classification by the employer of the places where explosive
atmospheres may occur in terms of zones and determines whichequipment and protective systems groups and categories should beused in each zone,!B
(1) OJ L 245, 26.8.1992, p. 23.1999L0092 — EN — 28.01.2000 — 000.001 — 3
HA VE ADOPTED THIS DIRECTIVE:
SECTION I
GENERAL PROVISIONS
Article 1
Object and scope
1. This Directive, which is the 15th individual Directive within the meaning
of Article 16(1) of Directive 89/391/EEC, lays down minimum requirements
for the safety and health protection of workers potentially at risk fromexplosive atmospheres as defined in Article 2.
2. This Directive shall not apply to:
(a) areas used directly for and during the medical treatment of patients;
(b) the use of appliances burning gaseous fuels in accordance with Directive
90/396/EEC (
1);
(c) the manufacture, handling, use, storage and transport of explosives or
chemically unstable substances;
(d) mineral-extracting industries covered by Directive 92/91/EEC (2)o r
Directive 92/104/EEC (3);
(e) the use of means of transport by land, water and air, to which the pertinent
provisions of the international agreements (e.g. ADNR, ADR, ICAO,
IMO, RID), and the Community Directives giving effect to those
agreements, apply. Means of transport intended for use in a potentiallyexplosive atmosphere shall not be excluded.
3. The provisions of Directive 89/391/EEC and the relevant individual
Directives are fully applicable to the domain referred to in paragraph 1,
without prejudice to more restrictive and/or specific provisions contained inthis Directive.
Article 2
Definition
For the purposes of this Directive, ‘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.
SECTION II
OBLIGATIONS OF THE EMPLOYER
Article 3
Prevention of and protection against explosions
With a view to preventing, within the meaning of Article 6(2) of Directive
89/391/EEC, and providing protection against explosions, the employer shall
take technical and/or organisational measures appropriate to the nature of theoperation, in order of priority and in accordance with the following basicprinciples:
— the prevention of the formation of explosive atmospheres, or where the
nature of the activity does not allow that,
— the avoidance of the ignition of explosive atmospheres, and— the mitigation of the detrimental effects of an explosion so as to ensure
the health and safety of workers.!B
(1) OJ L 196, 26.7.1990, p. 15. Directive as amended by Directive 93/68/EEC (OJ L
220, 30.8.1993, p. 1).
(2) OJ L 348, 28.11.1992, p. 9.
(3) OJ L 404, 31.12.1992, p. 10.1999L0092 — EN — 28.01.2000 — 000.001 — 4
These measures shall where necessary be combined and/or supplemented with
measures against the propagation of explosions and shall be reviewedregularly and, in any event, whenever significant changes occur.
Article 4
Assessment of explosion risks
1. In carrying out the obligations laid down in Articles 6(3) and 9(1) of
Directive 89/391/EEC the employer shall assess the specific risks arising fromexplosive atmospheres, taking account at least of:
— the likelihood that explosive atmospheres will occur and their
persistence,
— the likelihood that ignition sources, including electrostatic discharges,
will be present and become active and effective,
— the installations, substances used, processes, and their possible inter-
actions,
— the scale of the anticipated effects.Explosion risks shall be assessed overall.2. Places which are or can be connected via openings to places in which
explosive atmospheres may occur shall be taken into account in assessing
explosion risks.
Article 5
General obligations
To ensure the safety and health of workers, and in accordance with the basic
principles of risk assessment and those laid down in Article 3, the employer
shall take the necessary measures so that:
— where explosive atmospheres may arise in such quantities as to endanger
the health and safety of workers or others, the working environment issuch that work can be performed safely,
— in working environments where explosive atmospheres may arise in such
quantities as to endanger the safety and health of workers, appropriate
supervision during the presence of workers is ensured in accordance withthe risk assessment by the use of appropriate technical means.
Article 6
Duty of coordination
Where workers from several undertakings are present at the same workplace,
each employer shall be responsible for all matters coming under his control.
Without prejudice to the individual responsibility of each employer as
provided for in Directive 89/391/EEC, the employer responsible for the
workplace in accordance with national law and/or practice shall coordinatethe implementation of all the measures concerning workers’ health and safetyand shall state, in the explosion protection document referred to in Article 8,
the aim of that coordination and the measures and procedures for
implementing it.
Article 7
Places where explosive atmospheres may occur
1. The employer shall classify places where explosive atmospheres may
occur into zones in accordance with Annex I.
2. The employer shall ensure that the minimum requirements laid down in
Annex II are applied to places covered by paragraph 1.
3. Where necessary, places where explosive atmospheres may occur in such
quantities as to endanger the health and safety of workers shall be markedwith signs at their points of entry in accordance with Annex III.!B1999L0092 — EN — 28.01.2000 — 000.001 — 5
Article 8
Explosion protection document
In carrying out the obligations laid down in Article 4, the employer shall
ensure that a document, hereinafter referred to as the ‘explosion protectiondocument’, is drawn up and kept up to date.
The explosion protection document shall demonstrate in particular:
— that the explosion risks have been determined and assessed,
— that adequate measures will be taken to attain the aims of this Directive,
— those places which have been classified into zones in accordance with
Annex I,
— those places where the minimum requirements set out in Annex II will
apply,
— that the workplace and work equipment, including warning devices, are
designed, operated and maintained with due regard for safety,
— that in accordance with Council Directive 89/655/EEC (
1), arrangements
have been made for the safe use of work equipment.
The explosion protection document shall be drawn up prior to the
commencement of work and be revised when the workplace, work equipment
or organisation of the work undergoes significant changes, extensions orconversions.
The employer may combine existing explosion risk assessments, documents
or other equivalent reports produced under other Community acts.
Article 9
Special requirements for work equipment and workplaces
1. Work equipment for use in places where explosive atmospheres may
occur which is already in use or is made available in the undertaking orestablishment for the first time before 30 June 2003 shall comply from that
date with the minimum requirements laid down in Annex II, Part A, if no
other Community Directive is applicable or is so only partially.
2. Work equipment for use in places where explosive atmospheres may
occur which is made available in the undertaking or establishment for the firsttime after 30 June 2003 shall comply with the minimum requirements laiddown in Annex II, Parts A and B.
3. Workplaces which contain places where explosive atmospheres may
occur and which are used for the first time after 30 June 2003 shall comply
with minimum requirements set out in this Directive.
4. Where workplaces which contain places where explosive atmospheres
may occur are already in use before 30 June 2003, they shall comply with theminimum requirements set out in this Directive no later than three years afterthat date.
5. If, after 30 June 2003, any modification, extension or restructuring is
undertaken in workplaces containing places where explosive atmospheres
may occur, the employer shall take the necessary steps to ensure that these
comply with the minimum requirements set out in this Directive.!B
(1) OJ L 393, 30.12.1989, p. 13. Directive as amended by Directive 95/63/EC (OJ L
335, 30.12.1995, p. 28).1999L0092 — EN — 28.01.2000 — 000.001 — 6
SECTION III
MISCELLANEOUS PROVISIONS
Article 10
Adjustments to the annexes
Purely technical adjustments to the annexes made necessary by:
— the adoption of Directives on technical harmonisation and standardisation
in the field of explosion protection, and/or
— technical progress, changes in international regulations or specifications,
and new findings on the prevention of and protection against explosions,
shall be adopted in accordance with the procedure laid down in Article 17 of
Directive 89/391/EEC.
Article 11
Guide of good practice
The Commission shall draw up practical guidelines in a guide of good
practice of a non-binding nature. This guide shall address the topics referred
to in Articles 3, 4, 5, 6, 7 and 8, Annex I and Annex II, Part A.
The Commission shall first consult the Advisory Committee on Safety,
Hygiene and Health Protection at Work in accordance with Council Decision74/325/EEC (
1).
In the context of the application of this Directive, Member States shall take
the greatest possible account of the abovementioned guide in drawing up their
national policies for the protection of the health and safety of workers
Article 12
Information to undertakings
Member States shall, on request, endeavour to make relevant information
available to employers in accordance with Article 11, with particular
reference to the guide of good practice
Article 13
Final provisions
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive not laterthan 30 June 2003. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to
this Directive or shall be accompanied by such reference on the occasion of
their official publication. The methods of making such reference shall be laiddown by the Member States.
2. Member States shall communicate to the Commission the text of the
provisions of domestic law which they have already adopted or adopt in the
field governed by this Directive.
3. Member States shall report to the Commission every five years on the
practical implementation of the provisions of this Directive, indicating thepoints of view of employers and workers. The Commission shall inform
thereof the European Parliament, the Council, the Economic and Social
Committee and the Advisory Committee on Safety, Hygiene and HealthProtection at Work.
Article 14
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .!B
(1) OJ L 185, 9.7.1974, p. 15. Decision as last amended by the 1994 Act of Accession.1999L0092 — EN — 28.01.2000 — 000.001 — 7
Article 15
This Directive is addressed to the Member States.!B1999L0092 — EN — 28.01.2000 — 000.001 — 8
ANNEX I
CLASSIFICA TION OF PLACES WHERE EXPLOSIVE ATMOSPHERES MAY
OCCUR
Preliminary note
The following system of classification must be applied to places where precautions in
accordance with Articles 3, 4, 7 and 8 are taken.
1. Places where explosive atmospheres may occur
A place in which an explosive atmosphere may occur in such quantities as to
require special precautions to protect the health and safey of the workersconcerned is deemed to be hazardous within the meaning of this Directive.
A place in which an explosive atmosphere is not expected to occur in such
quantities as to require special precautions is deemed to be non-hazardouswithin the meaning of this Directive.
Flammable and/or combustible substances are considered as materials which
may form an explosive atmosphere unless an investigation of their propertieshas shown that in mixtures with air they are incapable of independentlypropagating an explosion.
2. Classification of hazardous places
Hazardous places are classified in terms of zones on the basis of the frequency
and duration of the occurrence of an explosive atmosphere.
The extent of the measures to be taken in accordance with Annex II, Part A, is
determined by this classification.
Zone 0
A place in which an explosive atmosphere consisting of a mixture with air of
flammable substances in the form of gas, vapour or mist is present continuouslyor for long periods or frequently.
Zone 1
A place in which an explosive atmosphere consisting of a mixture with air or
flammable substances in the form of gas, vapour or mist is likely to occur innormal operation occasionally.
Zone 2
A place in which an explosive atmosphere consisting of a mixture with air of
flammable substances in the form of gas, vapour or mist is not likely to occur in
normal operation but, if it does occur, will persist for a short period only.
Zone 20
A place in which an explosive atmosphere in the form of a cloud of combustable
dust in air is present continously, or for long periods or frequently.
Zone 21
A place in which an explosive atmosphere in the form of a cloud of combustible
dust in air is likely to occur in normal operation occasionally.
Zone 22
A place in which an explosive atmosphere in the form of a cloud of combustible
dust in air is not likely to occur in normal operation but, if it does occur, will
persist for a short period only.
Notes:
1. Layers, deposits and heaps of combustible dust must be considered as any other
source which can form an explosive atmosphere.
2. ‘Normal operation’ means the situation when installations are used within their
design parameters.!
B1999L0092 — EN — 28.01.2000 — 000.001 — 9
ANNEX II
A. MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH
PROTECTION OF WORKERS POTENTIALL Y AT RISK FROM EXPLOSIVE
ATMOSPHERES
Preliminary note
The obligations laid down in this Annex apply to:
— places classified as hazardous in accordance with Annex I whenever required by
the features of workplaces, workstations, the equipment or substances used or thedanger caused by the activity related to the risks from explosive atmospheres,
— equipment in non-hazardous places which is required for, or helps to ensure, the
safe operation of equipment located in hazardous places.
1. Organisational measures
1.1. Training of workers
The employer must provide those working in places where explo sive
atmospheres may occur with sufficient and appropriate training with regardto explosion protection.
1.2. Written instructions and permits to work
Where required by the explosion protection document:
— work in hazardous places must be carried out in accordance with written
instructions issued by the employer,
— a system of permits to work must be applied for carrying out both
hazardous activities and activities which may interact with other work to
cause hazards.
Permits to work must be issued by a person with responsibility for this function
prior to the commencement of work.
2. Explosion protection measures
2.1. Any escape and/or release, whether or not intentional, of flammable gases,
vapours, mists or combustible dusts which may give rise to explosion hazardsmust be suitably diverted or removed to a safe place or, if that is not practicable,
safely contained or rendered safe by some other suitable method.
2.2. If an explosive atmosphere contains several types of flammable and/or
combustible gases, vapours, mists or dusts, protective measures shall beappropriate to the greatest potential risk.
2.3. Prevention of ignition hazards in accordance with Article 3 must also take
account of electrostatic discharges, where workers or the working environment
act as charge carrier or charge producer. Workers must be provided withappropriate working clothes consisting of materials which do not give rise toelectrostatic discharges that can ignite explosive atmospheres.
2.4. Plant, equipment, protective systems and any associated connecting devices
must only be brought into service if the explosion protection document indicates
that they can be safely used in an explosive atmosphere. This applies also to
work equipment and associated connecting devices which are not regarded asequipment or protective systems within the meaning of Directive 94/9/EC iftheir incorporation into an installation can in itself give rise to an ignitionhazard. Necessary measures must be taken to prevent confusion betweenconnecting devices.
2.5. All necessary measures must be taken to ensure that the workplace, work
equipment and any associated connecting device made available to workershave been designed, constructed, assembled and installed, and are maintainedand operated, in such a way as to minimise the risks of an explosion and, if anexplosion does occur, to control or minimise its propagation within thatworkplace and/or work equipment. For such workplaces appropriate measuresmust be taken to minimise the risks to workers from the physical effects of an
explosion.
2.6. Where necessary, workers must be given optical and/or acoustic warnings and
withdrawn before the explosion conditions are reached.!
B1999L0092 — EN — 28.01.2000 — 000.001 — 10
2.7. Where required by the explosion protection document, escape facilities must be
provided and maintained to ensure that, in the event of danger, workers canleave endangered places promptly and safely.
2.8. Before a workplace containing places where explosive atmospheres may occur
is used for the first time, its overall explosion safety must be verified. Anyconditions necessary for ensuring explosion protection must be maintained.
Such verification must be carried out by persons competent in the field of
explosion protection as a result of their experience and/or professional training.
2.9. Where the risk assessment shows it is necessary:
— it must be possible, where power failure can give rise to the spread of
additional risks, to maintain equipment and protective systems in a safestate of operation independently of the rest of the installation in the eventof power failure,
— manual override must be possible in order to shut down the equipment and
protective systems incorporated within automatic processes which deviatefrom the intended operating conditions, provided that this does notcompromise safety. Only workers competent to do so may take such action,
— on operation of the emergency shutdown, accumulated energy must be
dissipated as quickly and as safely as possible or isolated so that it nolonger constitutes a hazard.
B. CRITERIA FOR THE SELECTION OF EQUIPMENT AND PROTECTIVE
SYSTEMS
If the explosion protection document based on a risk assessment does not state
otherwise, equipment and protective systems for all places in which explosiveatmospheres may occur must be selected on the basis of the categories set out inDirective 94/9/EC.
In particular, the following categories of equipment must be used in the zones indicated,
provided they are suitable for gases, vapours or mists and/or dusts as appropriate:
— in zone 0 or zone 20, category 1 equipment,
— in zone 1 or zone 21, category 1 or 2 equipment,
— in zone 2 or zone 22, category 1, 2 or 3 equipment.!
B1999L0092 — EN — 28.01.2000 — 000.001 — 11
ANNEX III
Warning sign for places where explosive atmospheres may occur, pursuant to Article
7(3):
Place where explosive atmospheres may occur
Distinctive features:
— triangular shape,
— black letters on a yellow background with black edging (the yellow part to take up
at least 50 % of the area of the sign).
Member States may add other explanatory data if they wish.!B1999L0092 — EN — 28.01.2000 — 000.001 — 12