WRITTEN QUESTION P-2058/99

by Toine Manders (ELDR) to the Commission

(5 November 1999)

Subject: Draft directive on the protection of workers potentially at risk from explosive atmospheres

I note with some surprise the nature of the warning sign that is proposed under the above proposal for a directive (COM(95) 0310)(1).

Although I recognise that no further amendments can be tabled at this stage, I should nevertheless like to draw attention to the following:

- I consider the existing proposal, which requires only a simple pictogram displaying the letters EX to appear on the warning sign, as being likely to cause confusion.

- The letters EX can convey many meanings, and will not in themselves necessarily be immediately associated with explosion risk by all those potentially concerned.

- I think it would be more effective and much clearer to specify a warning sign displaying both the letters EX and a pictogram representing an explosion.

I therefore ask the Commission to consult with interested parties on whether the use of a sign with the letters EX and a pictogram of an explosion might not be a more effective means of ensuring protection.

That option would also have the effect of harmonising the above warning sign with those used in international transport.

I would, moreover, appreciate being informed of what parties were consulted, and whether or not it is intended that this change to the warning sign should be made.

(1) OJ C 332, 9.12.1995, p. 10.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(30 November 1999)

Annex III of the proposal for a Council Directive on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres(1) provided for a warning sign displaying the letters EX.

The Commission had proposed this marking, taking into account the essential requirements relating to the marking of equipment and protective systems intended for use in potentially explosive atmospheres, as provided for in Annex II, point 1.0.5, of Directive 94/9/EC of the European Parliament and 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(2).

In the course of the legislative procedure this warning sign was modified by the Council and by Parliament. In particular, Parliament proposed bringing the warning sign into line with the ISO (International Standards Organisation) model in order to avoid the cost of having to modify all existing signs throughout the Community. The Commission accepted this amendment by Parliament (see Commission opinion, in accordance with Article 251, paragraph 2, subparagraph c) of the EC Treaty, on Parliament's amendments to the Council's common position concerning the Proposal for a Council Directive on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres1), which was also accepted by the Council.

The Commission would remind the Honourable Member that, at the current stage of the legislative procedure (the conciliation procedure was concluded on 21 October 1999 Parliament will adopt the joint text formally at one of its forthcoming part-sessions), the Commission cannot table any amendments to the proposal for a Directive.

(1) COM(95) 310 final amended by COM(1999) 283 final.

(2) OJ L 100, 19.4.1994.