REEXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO PERSONAL PROTECTIVE EQUIPMENT - COM ( 88 ) 157 FINAL SYN 134
Date: 1989-11-29
Institutions: European Commission
Subjects: EC conformity marking, harmonisation of standards, market approval, marketing, protective equipment, safety standard

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM  (89)586 

final  -  SYN 134 

Brussels,  29  November  1989 

gREnrAMTHFD  PROPOSAL  FOR  A  OCPMCTL  DTKHCTIVB 

concerning the approximation of the 
laws of the Member States relating to 
personal protective equipment 

O0M(88)157 final SYN 134 

(presented by the Commission 
pursuant to Article 149(2) (d) of the EEC Treaty) 

- 2 -

EXPIRATORY MHCRANDDM 

Ozi 23 October 1989 the European Parliament amended the common position 
adopted by the Council on 21 June 1989 on the abovementioned proposal.  The 
amendments adopted by Parliament are attached. 

Pursuant to Article 149(2)(d) of the EEC Treaty, the Commission has 
reexamined its proposal and decided: 

-  to accept amendment  No 1 

-  not to accept amendment No 2. 

The Commission takes the view that: 

-  as far as vocational training is concerned amendment No 2 contains a 
requirement which is felt to be excessive and which does not take 
account of the current situation in the various Member States. 

This proposal takes account of the amendments requested by Parliament where 
the Commission has been able to accept them. 

-  3  -

gRRXAHnnn  POTPTKAT. WR  A  fTfïïirîTT.  TTTTny^ry^ 

concerning the approximation of the 
laws of the Member States relating to 
personal protective equipment 

The following is added to Annex V(l): 

"... to carry out tests using state-of-the-art technology and, 
preferably, non-destructive methods. " 

- 4 -

REEXAMINED PRJP06AL FORA OQnNCTL nERBCTTVE 

concerning the approximation of the 
laws of the Member States relating to 
personal protective equipment 

0CM(88)157 final SYN 134 

Remarks on the amendment 

which has not been accepted by the Commission 

(presented by the Commission 
pursuant to Article 149(2) (d) of the EEC Treaty) 

Amendment Ko 2:  afiâiTtg to Annex V a point 5(a) to read: 

"management by staff educated to university degree level and with at 
least four years professional experience;" 

Commission position 

Such an amendment is unacceptable for the following reasons: 

-  The requirement of education to university degree level with at least 
four years professional experience is excessive and does not take 
account of the current situation in the various Member States. 

-  This requirement is likely to create too rigid a situation, which is not 

desirable. 

-  The question of vocational training should be resolved horizontally 
within the context of the implementation of the 45 000 series EN 
standards, which will lay down the technical conditions of the control 
operations and the methods for the evaluation of the test laboratories 
and the certification bodies. 

A N N EX 

Amendments 

A 

RECOMMENDATION 

(COOPERATION PROCEDURE: second reading) 

concerning  the  common  position  of  the  Council  on  the  proposal  from  the 
Commission  for  a  directive  on  the  approximation  of  the  laws  of  the  Member 
States relating to personal  protective equipment 

The Committee on Economic and Monetary Affairs and  Industrial  Policy, 

having  regard  to  the  common  position  of the Council  (Doc. C 3-6/89 - SYN 
134), 

Recommends that the European Parliament 

amend the common position as follows: 

Common position of the Council 

Amendments of the European Parliament 

Annex V 

1. availability  of  personnel  and  of 
the necessary means and equipment; 

AMENDMENT No. 1 

Annex V 

1. availability  of  personnel  and of 
the necessary means and equipment 
to  carry  out  tests  using  state-
technology  and, 
of-the-art 
preferably,  non-destructive 
methods. 

AMENDMENT No. 2 

Add a new point 6 

6. management  by  staff  educated  to 
university  degree  level  or 
equivalent  and with at least four 
years professional experience; 

OOC_EN\RC\74789 

- 5 - 

PE 134.186/fln. 

ISSN 0254-1475 

COM(89) 586 final 

DOCUMENTS 

EN 

05  06 

Catalogue number : CB-CO-89-540-EN-C 

ISBN 92-77-55098-8 

Office for Official Publications of the European Communities 
L-2985 Luxembourg