COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 421 final - SYN 443 
Brussels, 23 December 1992 
Proposal for a 
COUNCIL DIRFf!TIVE 
amending Directive 89/686/EEC 
on the approximation of the laws of the Member States 
relating to personal protective equipment 
(presented by the Commission) 
/-
Explanatory memorandum 
1. This proposal for a Council Directive amends Directive 89/686/EEC on 
the approximation of the laws of the Member States relating to personal 
protective equipment (PPE). 
It Is based on Article 100a of the EEC Treaty. 
2. Directive 89/686/EEC lays down the conditions governing the placing on 
the market and free movement within the Community of PPE and the basic 
safety requirements which PPE must satisfy In order to ensure the health 
protection and safety of users. 
Article 5(2) of Directive 89/686/EEC stipulates that the Member States 
shall presume that PPE bearing the EC mark attesting to Its conformity to 
the harmonized standards satisfies the basic requirements. 
Although CEN is making good progress in drawing up the harmonized 
standards, the vast scope of the Directive means that a number of standards 
will not be available before the end of the transitional period 
(31 December 1992). This situation cannot be alleviated by reference to 
existing national standards. 
Until such time as the appropriate standards are available, the risk 
therefore remains that divergences In the Interpretation of basic safety 
requirements will lead to frequent use of the safeguard clause, thereby 
substantially reducing the effectiveness of the Directive. 
3. Furthermore, Directive 89/686/EEC contains no provisions for the 
disposal of stocks of certain PPE manufactured In accordance with existing 
national regulations existing on the date of Its entry Into force. 
4. The above difficulties lead the Commission to propose an amendment of 
Directive 89/686/EEC laying down a transitional period expiring on 
31 December 1994. This would afford CEN a further period In which to 
complete the priority work of European standardization entrusted to It and 
give the Inspection and certification bodies more time to organize 
themselves In order to ensure that the Directive is correctly applied. 
This extension of the transitional period Is In line with the Commission's 
statement to the Council at the time of approval of the Directive. 
CounclI DirectIve 
amending Directive 89/686/EEC 
on the approximation of the laws of the Member States 
relating to personal protective equipment 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and In particular Article 100a thereof, 
Having regard to the proposal from the Commission, 
In coopérât Ion with the European Parliament, 
Having regard to the opinion of ,the Economic and Social Committee, 
Whereas measures to establish the Internal market in personal protective 
equipment (PPE) have to be adopted pursuant to CounclI Directive 89/686/EEC 
of 21 December 1969;1 
Whereas Article 5(3) of Directive 89/686/EEC states that PPE for which 
harmonized standards are not available may continue on a transitional 
basis, until 31 December 1992, to be subject to national arrangements 
already In force on the date of adoption of the Directive; 
V ft* L at*, )*. 1 *.«•. p. 10. 
7 
Whereas it emerges from information received from the Member States and the 
trade that the transitional period Is too short to enable the Directive to 
be properly applied; 
Whereas the harmonized standards will make a significant contribution 
towards facilitating the placing on the market and the free movement of 
personal protective equipment; 
Whereas, however, some of the harmonized standards will not be available on 
the date of entry Into force of the Directive; whereas, therefore, the 
establishment and uniformity of a single market in these products cannot be 
ensured; 
Whereas the Introduction of a new system of control and certification and 
the establishment of the provisions and mechanisms needed for the proper 
functioning of the Directive are not sufficiently advanced; 
Whereas the extension of the transitional period provided for in this 
Directive does not apply to personal protective equipment covered by 
Council Directive 89/656/EEC, 
Whereas Council Directives 89/656/EEC and 89/686/EEC are complementary; 
whereas they can nevertheless apply and be operational Independently; 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 89/686/EEC is hereby amended as follows: 
The date "31 December 1992" In Article 5(3) shall be replaced by 
"31 December 1994". 
^ 
Article 2 
1. Member States shall adopt and publish by 31 December 1992 the laws, 
regulations and administrative provisions necessary to comply with this 
Directive. They shall forthwith Inform the Commission thereof. 
The provisions adopted by Member States shall contain a reference to 
this Directive or be accompanied by such a reference on official 
publication. Details of this reference shall be decided by the Member 
States. 
2. Member States shall communicate to the Commission the texts of the 
provisions of national law which they adopt in the field governed by 
this Directive. 
Article 3 
This Directive is addressed to the Member States. 

ISSN 0254-1475 
COM(92) 421 final 
DOCUMENTS 
EN 04 
Catalogue number : CB-CO-92-438-EN-C 
ISBN 92-77-47951-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg