WRITTEN QUESTION E-1173/96 by Gerhard Schmid (PSE) to the Commission (15 May 1996)

Subject: Transposition in Germany of Directive 89/686/EEC

Directive 89/686/EEC ((OJ L 399, 30.12.1989, p. 18. )) on the approximation of the laws of the Member States relating to personal protective equipment has been transposed in Germany though the regulation implementing the Safety of Equipment Law of 10 June 1992. On the initiative of the Bundesrat this implementing regulation has been amended in such a way that personal protective equipment manufactured specifically for the forces of law and order will no longer be covered (¶ 1(5), first sentence). This is in accordance with the law pursuant to Annex I of the directive.

Following the amendment some Länder are of the opinion that personal protective equipment manufactured specifically for their professional fire services are no longer subject to the requirements of Directive 89/686/EEC since they regard fire services as 'forces of law and order'. Consequently, the protective clothing purchased for fire-fighting purposes includes clothing that does not satisfy the safety requirements of the Directive.

1. Is this compatible with the spirit of directive 89/686/EEC?

2. In the Commission's opinion are German fire brigades used for 'the maintenance of law and order' (the term used in Annex I of the directive), and is it therefore permissible to exempt from the Directive personal protective equipment specifically manufactured for fire brigades?

3. If so, why was standard EN 469 drawn up, on the initiative of the Commission, for protective equipment for fire brigades for fire-fighting purposes?

4. If not, what action does the Commission intend to take against this infringement of the law?

Answer given by Mr Bangemann on behalf of the Commission (1 July 1996)

1-2. The Commission does not think that fire brigades can be regarded as 'armed forces or forces used in the maintenance of law and order'. The personal protective equipment (PPE) used by them is therefore deemed to be covered by Directive 89/686/EEC and is not excluded under point 1 of Annex I. This exclusion actually concerns equipment designed and manufactured 'specifically' for use by the armed forces or in the maintenance of law and order, i.e. equipment which may only be used by these people, meets particular requirements and may be subject to official secrecy regulations.

3. Standard EN 468 on protective equipment for fire brigades for fire-fighting purposes was drawn up by CEN on a mandate from the Commission because this equipment is covered by the Directive. The Honourable Member is reminded that only the Directive is enforceable and that manufacturers are thus required to comply with the essential health and safety requirements laid down in it. Manufacturing to harmonized CEN and Cenelec standards is simply a way of meeting these requirements and manufacturers must decide for themselves whether or not to apply them.

4. The fact that some Member States have decided to regard fire brigades, at least professional firefighters, as armed forces or forces used in the maintenance of law and order, as pointed out by the Honourable Member, will be examined at the forthcoming meeting of the Working Party set up under the Directive to assist in its practical application and, if necessary, the Commission will take the necessary steps vis-à-vis the Member States to ensure the uniform application of Community law.