Proposal for a Council Directive amending Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment
Date: 1992-12-29
Institutions: European Commission
Subjects: approximation of laws, motor vehicle, road safety, safety device, safety standard, two-wheeled vehicle

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 

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