Amended proposal for a COUNCIL DIRECTIVE ON MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION OF WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE ATMOSPHERES
Date: 1997-04-11
Institutions: European Commission
Subjects: approximation of laws, explosive, occupational health, occupational safety, technical regulations

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  11.04.1997 
COM(97)  123  final 

95/0235  (SYN) 

Amended proposal  for  a 

COUNCIL  DIRECTIVE 

ON MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH 
PROTECTION OF WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE 
ATMOSPHERES 

(presented  by the Commission  pursuant to Article  189 a (2) 
of the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

The Commission submitted the original proposal for this Directive to Council on  18 September  1995.1 

The proposal is based on Article  118A of the EC Treaty in the form of an individual directive under Article 
16(1)  of  Council  Directive  89/391/EEC2  on  the  introduction  of measures  to  encourage  improvements in 
the health and safety of workers at work. 

The aims of the proposal are : 

a) 

b) 

c) 

to  adopt,  as provided  for  in Article  118 A of the Treaty,  the  minimum  requirements  for  the  safety 
and health protection of workers potentially at risk from explosive atmospheres ; 
to establish specific provisions to improve the safety and health protection of workers potentially at 
risk  from  explosive  atmospheres  in  strict  compliance  with  the  principles  set  out  in  Directive 
89/391/EEC ; 
to  create  a  suitable  framework  for  explosion  protection  for  industry  in  general,  such  as  already 
exists for the mineral-extracting industries (Directives 92/91/EEC3 and 92/104/EEC4). 

This  proposal  supplements  Directive  94/9/EC5  of  23  March  1994  on  the  approximation  of  laws  of  the 
Member  States  concerning  equipment  and  protective  systems  intended  for  use  in  potentially  explosive 
atmospheres.  Equipment  and protective  systems covered  by this directive are divided  into  categories. For 
the proper use of these categories, the workplaces in which explosive atmospheres may be present must be 
classified  in terms of zones. One of the purposes of this proposal is to create a standard legal basis for the 
zoning, based  on a risk assessment  of the workplaces where the equipment  is to be used  allowing  for  the 
adequate selection of equipment with the suitable level of protection for each zone. 

The Economic and  Social  Committee rendered  a favorable  opinion during its 333rd  plenary  session  on 28 
and 29 February  1996. 

Subsequent  to  the  opinion  of  the  European  Parliament  (first  reading)  of  20  June  1996,  the  Commission 
herewith  presents  to  the  Council,  under  Article  189a(2)  of  the  EC  Treaty,  an  amended  proposal  for  a 
Directive. The text contains two main types of amendments : 

one group incorporates the European Parliament amendments accepted by the Commission 

a second group  adresses  editorial  and  linguistic problems trying to  make the texts in the  différents 
languages coherent in particular as Council directive 94/9/EC is concerned. 

Regarding  the first group  it  must  be noted  that  Parliament  established  14 amendments  (Annex  1) four  of 
which the Commission did not accept, the others were accepted in part or in total. 

Concerning the four amendments which were not taken into account. 

Amendment  N°  6  was  considered  unacceptable  since  Article  9  covers  requirements  on 
workplaces and work equipment ; 

OJ No C332, 9.12.1995, p. 10 
OJ No LI 83, 29.61989, p. 1 
OJ No L348, 28.11.1992, p. 9 
OJ No L404, 31.12.1992. p. 10 
OJNoLlOO,  19.4.1994, p. 1 

-Page-

Amendment N° 9, was considered to introduce uncertainty regarding the entering into force of the 
directive. However the Commission supported the concept underlying the amendment.  It indicated 
that  during  the  inter-institutional  négociations,  it  will  bear  in  mind  this  idea  to  ensure  that 
information is promptly provided to all parties concerned. 

Amendment N°  10 was considered not acceptable as the proposed reference does not add anything 
essential but could  create legal uncertainty.  However,  the Commission  clarifies  its original  text by 
deleting the words, "and the assessment of the anticipated effects" in order to bring the text more in 
line with ISO standards in the domain. 

Finally, regarding amendment N°  12, it was felt that this amendment renders the text too  restictive 
and  imposes  an  unnecessary  constraint  on  undertakings,  in  particular  small  and  medium-sized 
enterprises and therefore was not accepted. 

Concerning, the amendments that were accepted either partly or totally : 

Regarding amendment N° 2, it was felt that the first part of the amendment clarifies the text of the 
original  proposal.  In contrast the last paragraph collides with the risk assessment  philosophy  as it 
imposes the application concurrently and simultaneously of the three basic principles, rendering the 
text unnecessarily stringent. 

Regarding  amendment  N°  3,  the  substitution  of  "responsible  supervision"  by  "appropriate 
supervision" also reflects the opinion of ECOSOC and is acceptable. However including "training 
and education" in this context is meaningless as far as supervision is concerned. The last paragraph 
of the amendment cannot be accepted since it adds nothing to what is already stated in Article 4.4 
of the proposal and Article 6 of the Framework Directive (89/391/EEC). 

Regarding  amendment  N°  4,  the  Commission  considers  that the  amendment  is  acceptable  with a 
slightly  different  wording  in  line  with  the  Commission's  original  text  which  specifies  that  the 
employer "shall ensure" that an explosion  protection document  is drawn up and kept up-to-date. 
Otherwise,  the employer will be obliged  to  draw up this document  himself,  which  would  impose 
unacceptable constraints on small and medium-sized enterprises. 

Regarding amendment N° 7, the Commission considers that the deletion of "work equipment" is a 
logical consequence of the wording of Article 9, paragraph  1 and 2. However,  workplaces already 
in use before  entry into force  of this directive have to comply with all the minimum requirements 
specified in the proposal and not only those of Article 4. 

With respect to amendment N°  8,  the Commission  considers that the deletion of the reference  to 
Article  17 of the Framework  Directive  renders the text  imprecise  since  the  amendment  does not 
specify  who  draws up  the  vademecum.  As  a  consequence,  it  should be  complemented  in a way 
indicating that the Commission will draw up the Vademecum in accordance with the procedure laid 
down under Article  17 of Directive 89/391/EEC, modifications and supplements shall be subject to 
the same procedure. 

Five amendments N°  1, 5,  11,  13 and 14 improve the original text, and are totally accepted by the 
Commission. In particular the last one provides for early information to small and medium-sized 
enterprises which will facilitate their adaptation to the requirements of the directive 

-Page-

Amended proposal  for a 

COUNCIL DIRECTIVE 

ON MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH 
PROTECTION OF WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE 
ATMOSPHERES 

Individual Directive within the meaning of Article 16 
of Directive 89/391/EEC 

(presented  by the  Commission  pursuant  to  Article  189 a (2) 
of  the  EC-Treaty) 

1b 

Original Commission Proposal 

Modified  Proposal 

PROPOSAL  FOR  A  COUNCIL  DIRECTIVE 
ON  MINIMUM  REQUIREMENTS 
FOR 
IMPROVING  THE  SAFETY  AND  HEALTH 
PROTECTION  OF  WORKERS  POTENTIALLY 
AT RISK FROM EXPLOSIVE  ATMOSPHERES 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to  the  Treaty  establishing  the  unchanged 
European  Community,  and  in  particular  Article 
118a thereof, 

the  Commission  proposal1  unchanged 

to 

Having  regard 
submitted  after  consultation  with  the  Advisory 
Committee  on  Safety,  Hygiene  and  Health 
Protection  at  Work  and  the  Safety  and  Health 
Commission  for  the  Mining  and  Other  Extractive 
Industries, 

In cooperation with the European Parliament2, 

unchanged 

Having regard to the opinion of the  Economic and 
Social Committee3, 

unchanged 

Whereas  Article  118a of  the  Treaty  provides that 
the  Council  shall  adopt,  by  means  of  directives, 
minimum  requirements  designed  to  encourage 
improvements,  especially 
the  working 
environment,  as  regards  the  health  and  safety  of 
workers; 

in 

unchanged 

Whereas,  under  the  terms  of  that  Article,  those 
directives  are to  avoid  imposing  administrative, 
financial and  legal  constraints  in  a  way  which 
would  hold back the creation and development  of 
small and medium-sized undertakings; 

unchanged 

Whereas  the  improvement  of  occupational  safety, 
hygiene and health is an objective which should not 
be 
economic 
to 
considerations; 

subordinated 

purely 

1  OJNoC 
2  OJNoC 
3  OJ  No  C 

p. 
,p. 
, p. 

unchanged 

Page - 1 c 

Original Commission Proposal 
compliance  with 

the  minimum 
Whereas 
requirements  for  improving  the  safety  and  health 
protection  of  workers  potentially  at  risk  from 
explosive  atmospheres 
is  essential  to  ensure 
workers' safety and health protection; 

Modified Proposal 

unchanged 

unchanged 

of  measures 

Whereas  this  Directive  is  an  individual  directive 
within  the  meaning  of  Article  16  (1)  of  Council 
Directive  89/391/EEC  of  12  June  1989  on  the 
introduction 
encourage 
improvements  in the  safety  and health of workers 
at work4; whereas, therefore,  the provisions of the 
said  Directive  are also  fully  applicable  to  cases in 
which  workers  are  potentially  at  risk  from 
explosive  atmospheres  without  prejudice  to  more 
restrictive  or  specific  provisions  contained  in this 
Directive; 

to 

Whereas this Directive  constitutes  a practical  step 
towards the achievement of the social dimension of 
the internal market; 

unchanged 

Whereas  the  recitals  to  Parliament  and  Council 
Directive  94/9/EC  on  the  approximation  of  the 
laws  of the Member  States  concerning  equipment 
and  protective  systems 
in 
potentially  explosive  atmospheres  state  that  it  is 
intended  to  prepare  an  additional  directive  based 
on  Article  118a  covering,  in  particular,  explosion 
hazards which derive from a given use and/or types 
and methods of installation of equipment; 

intended  for  use 

Whereas Directive  94/9/EC  of  23  March  1994  of 
European  Parliament  and  Council  on 
the 
approximation  of  the  laws  of  the  Member  States 
concerning  equipment  and  protective  systems 
explosive 
intended 
atmospheres5  states  that  it  is  intended  to  prepare 
an  additional  directive  based  on  Article 
liSa 
covering,  in  particular,  explosion  hazards  which 
derive from a given use and/or types and methods 
of installation of equipment; 

in  potentially 

for  use 

Whereas  explosion  protection  is  of  particular 
importance to safety; whereas explosions endanger 
the  lives  and  health  of  workers  as  a result  of the 
uncontrolled  effects  of  flame  and  pressure,  the 
presence  of  noxious  reaction  products  and 
consumption  of  the  oxygen  in  the  ambient  air 
which workers need to breathe; 

unchanged 

4  OJ No L 183, 29.6.1989, p. 1 

5  OJ No L 100, 19.4.1994, p. 1 

- Page - 2 

Original Commission Proposal 

Modified Proposal 

deleted 

of  propagation  within 

Whereas  explosions  are  characterised  by  the 
extreme  rapidity  with  which  they  occur  and  the 
danger 
interlinked 
installations; whereas manual intervention  after an 
ignition is normally impossible; whereas, therefore, 
the minimum requirements for improving the safety 
and  health  protection  of  workers  at  risk  from 
explosive  atmospheres  place  special  emphasis  on 
the  need  for  analysis  to  forecast  the  potential 
danger  and  the  need  for  all  necessary  protective 
measures  to  be  included right from the  planning 
stage; 

in  the  context  of  which 

Whereas  the  large  number  of  potential  explosion 
risks  necessitates an overall assessment of places of 
it  becomes 
work, 
increasingly 
in  line  with  technical 
development,  to take account of logical  (software) 
malfunctions in automatically controlled processes; 

important, 

deleted 

Whereas  the  organisational  aspects  of  explosion 
protection  must  be  adapted  to  the  technical 
problems  occurring  at  places  of  work  so  that  no 
weaknesses  arise  in  the  explosion  protection 
arrangements;  whereas  Directive  89/391/EEC 
requires  the  employer  to  be  in  possession  of  an 
assessment  of  the  risks  to  workers'  safety  and 
health at work; whereas  this  requirement  is  to  be 
regarded  as  being  amplified  by  the  present 
Directive in that it provides that the employer shall 
draw  up  an  explosion  protection  document  and 
keep 
it  up  to  date;  whereas  this  explosion 
protection document may be part of the assessment 
of the risks to  safety  and health  at work  required 
by  Article  9  (l)a  of  Directive  89/391/EEC; 
whereas  the  explosion  protection  document  must 
contain  the necessary  measures  for the  safety  and 
health  protection  of  workers  potentially  at risk 
from  explosive atmospheres; 

Whereas the  establishment  of  a  coherent  strategy 
for  the  prevention  of  explosions  requires  that 
organisational  measures  complement  the  technical 
measures  taken  at 
the  workplace;  whereas 
Directive 89/391/EEC requires the employer to be 
in  possession  of  an  assessment  of  the  risks  to 
workers'  safety  and  health  at  work;  whereas  this 
requirement is to be regarded as being specified by 
the  present  Directive  in  that  it  provides  that  the 
employer  shall  draw  up an  explosion  protection 
document  or  set  of  documents  which  satisfy  the 
minimum requirements laid down in this Directive 
and  keep  it  up  to  date;  whereas  the  explosion 
protection  documents  may  be  part  of  the 
assessment of the risks to safety and health at work 
required  by  Article  9 
(l)a  of  Directive 
89/391/EEC;  whereas  the  explosion  protection 
documents  must  contain  the  necessary  measures 
for  the  safety  and  health  protection  of  workers 
potentially at risk from explosive atmospheres; 

- Page - 3 

Original Commission Proposal 

Modified Proposal 

Whereas an assessment  of  explosion risks may be 
required  under  other  Community 
legislation; 
whereas, in order to avoid unnecessary  duplication 
of  work,  the  employer  should  be  allowed,  in 
accordance  with  national  practice,  to  combine 
documents, parts of documents or other equivalent 
reports produced in response to other legislation to 
form a single "safety report"; 

Whereas an assessment  of  explosion  risks  may be 
required under other Community acts, whereas, in 
order  to  avoid  unnecessary  duplication  of  work, 
the  employer  should  be  allowed,  in  accordance 
with  national  practice,  to  combine  documents, 
parts  of  documents  or  other  equivalent  reports 
produced  under  other  Community  acts  to  form a 
single "safety report"; 

preventive  measures  must 

Whereas 
be 
supplemented  if  necessary  by  additional  measures 
which  become  effective  when  ignition  has  taken 
place;  whereas  maximum  safety  can  be  achieved 
only  by  combining  preventive  and  supplementary 
measures  and  taking  account  of  operational 
conditions and the necessary maintenance; 

preventive  measures  must 

Whereas 
be 
supplemented  if  necessary  by  additional  measures 
which  become  effective  when  ignition  has  taken 
place; whereas maximum safety can be achieved by 
combining  preventive  measures  and  other 
additional measures limiting the detrimental  effects 
of explosions on workers; 

deleted 

Whereas  the  prevention  of  explosive  atmospheres 
as a general  rule has priority; whereas  in cases in 
which this is not possible in the current state of the 
art the  ignition  of  explosive  atmospheres  must be 
prevented  and  the  effects  of  any  explosion  kept 
within acceptable limits; whereas employers have a 
duty  to  make  provision  for  all  necessary  safety 
measures and systems; 

Whereas Directive 94/9/EC, which applies without 
restriction from 1 July 2003, divides the equipment 
and  protective  systems  which  it  covers  into 
equipment  groups  and  categories;  whereas  the 
present  Directive  provides  for  a  classification  of 
the places where explosive atmospheres may occur 
in terms of zones; whereas  this  classification  is to 
be carried  out  by the  employer  and  relates  to the 
place of use; 

Whereas Directive  94/9/EC  divides the  equipment 
and  protective  systems  which  it  covers  into 
equipment  groups  and  categories;  whereas  the 
present  Directive  provides  for  a  classification  by 
the  employer  of  the  places  where  explosive 
atmospheres  may  occur  in  terms  of  zones  and 
determines  which  equipment  and  protective 
systems  groups  and  categories  should  be  used  in 
each zone; 

Whereas  the  requirements  formulated 
in  this 
Directive  may  not  be  adequate  in  all  cases  to 
prevent  danger  from  hazards  due  to  explosive 
mixtures  under  conditions  other  than atmospheric 
conditions  or with  co-reactants  other  than  air,  so 
that further measures are required; 

deleted 

- Page - 4 

Original Commission Proposal 

Modified Proposal 

Whereas  the  scope  of  this  Directive  does  not 
include  medical  facilities  used  directly  for  the 
treatment  of patients, where particular importance 
attaches to the protection of patients in addition to 
workers'  safety  and  health  protection;  whereas  in 
such  places  the  minimum  requirements  laid  down 
in this Directive may not be sufficient in all cases; 

deleted 

deleted 

fuels, 

Whereas  the  scope  of  this  Directive  does  not 
include  the  normal  use  of  appliances  burning 
since  Council  Directive 
gaseous 
90/396/EEC5  of  29  June  1990  on 
the 
approximation  of  the  laws  of  the  Member  States 
relating  to  appliances  burning  gaseous  fuels 
contains  essential  requirements  concerning  the 
placing on the market and bringing into service  of 
such  appliances,  which  are applicable  both  to  the 
appliances  themselves  and to  their installation,  so 
as  to  ensure  that  the  safety  of  persons,  domestic 
animals and property is not compromised; 

Whereas  the  scope  of  this  Directive  does  not 
encompass  handling  of  explosives  and  chemically 
unstable substances, since its requirements may not 
be sufficient  in all cases and special measures may 
therefore be necessary; 

deleted 

deleted 

Whereas  the  scope  of  this  Directive  does  not 
encompass  the  mineral-extracting  industries  as 
defined  in Directives 92/91/EEC and 92/104/EEC, 
which relate to the protection of workers in these 
industries  and  already  cover  the  question  of 
explosion  protection;  whereas 
the  minimum 
requirements  laid  down  in  those  Directives  are 
stricter  than  those  in  the  present  Directive  on 
account  of  the  greater  potential  hazard  in  the 
mineral-extracting industries; 

Whereas  the  scope  of  this  Directive  does  not 
encompass the use of means of transport, including 
the  pertinent 
sea-going  vessels,  on  which 
provisions  of  the  international  agreements  (ADR, 
IMO,  etc.)  apply,  since  these  already  ensure 
protection of workers, 

deleted 

5  OJ No L 196, 26.7.1990, p. 15 

Page - 5 

Original Commission Proposal 
HAS ADOPTED THIS DIRECTIVE: 

Modified Proposal 

unchanged 

SECTION I 

GENERAL PROVISIONS 

Article 1 

Subject 

(1) 
This  Directive,  which  is  the  ...  individual 
directive  within  the  meaning  of  Article  16  (1)  of 
Directive  89/391/EEC, 
lays  down  minimum 
requirements for the safety and health protection of 
workers  potentially  at  risk  from  explosive 
atmospheres as defined in Article 2. 

unchanged 

(2) 

This Directive does not apply to 

unchanged 

a) 

b) 

c) 

d) 

e) 

medical  facilities  used  directly  for  the 
treatment of patients; 

normal  use  of  appliances  burning  gaseous 
fuels as defined in Directive 90/396/EEC; 

b) 

use  of  appliances  burning  gaseous  fuels  in 
compliance with Directive 90/396/EEC6; 

and 
handling, 
manufacture, 
transport  of  explosives  or  chemically 
unstable substances. 

storage 

unchanged 

establishments  of  the  mineral-extracting 
industries covered  by Directive  92/91/EEC 
or Directive 92/104/EEC; 

d) 

mineral-extracting  industries  covered  by 
Directive 
or  Directive 
92/104/EEC8; 

92/91/EEC7 

use  of  means  of  transport,  including  sea 
going  vessels,  on  which  the  pertinent 
provisions  of  the  international  agreements 
(ADR, IMO, etc.) apply. 

e) 

use  of  means  of  transport,  including  sea 
going  vessels,  on  which  the  pertinent 
provisions  of  the  international  agreements 
(ADR, IMO) apply. 

(3) 
The  provisions  of  Directive  89/391/EEC 
and  the  pertinent  individual  directives  are  fully 
applicable  to  the  domain  referred  to  in paragraph 
1,  without  prejudice  to  more  restrictive  and/or 
specific provisions contained in this Directive. 

unchanged 

6  OJ No L 196,26.7.1990, p. 15 
7  OJ No L 348,28.11.1992, p. 9 
8  OJ No L 404,31.12.1992, p. 10 

- Page -  6 

Original Commission Proposal 

Modified Proposal 

Article 2 

Definition 

For  the  purposes  of  this  Directive,  an  explosive 
atmosphere  shall  be  a  mixture  with  air,  under 
atmospheric conditions, of flammable substances in 
the  form  of  gases,  vapours,  mists  or  dusts  in 
which,  after  ignition  has  occurred,  combustion 
spreads to the entire unburned mixture. 

unchanged 

SECTION n 

OBLIGATIONS OF THE EMPLOYER 

Article 3 

Article 3 

Principles  for  the  prevention  of  and  protection 
against explosions 

Principles  for  the  prevention  of  and  protection 
against explosions 

With  a  view 
to  preventing  and  providing 
protection  against  explosions,  the  employer  shall 
take  technical  and/or  organisational  measures 
appropriate  to  the  nature  of  the  operation,  in 
accordance  with the  following  basic  principles,  in 
order to: 

With a view  to  preventing,  within the meaning  of 
Article  6,  paragraph  2  of  Directive  89/391/EEC, 
and  providing  protection  against  explosions,  the 
employer shall take technical  and/or organisational 
measures  appropriate  to 
the  nature  of  the 
operation,  in accordance  with  the  following  basic 
principles: 

prevent 
the 
atmospheres, 

prevent 
atmospheres, 

the 

formation 

of 

explosive 

the prevention of the formation  of  explosive 
atmospheres, 

ignition 

of 

explosive 

the  avoidance  of  the  ignition  of  explosive 
atmospheres, 

reduce the  effects  of  an explosion  in such a 
way that workers are not at risk. 

the reduction of the effects of an explosion in 
such a way that workers are not at  risk. 

Article 4 

Article 4 

General obligations 

General obligations 

(1) 
To ensure the safety and health of workers, 
and  in  accordance  with  the  basic  principles  laid 
down  in  Article  3,  the  employer  shall  take  the 
necessary measures so that: 

(1) 
To ensure the safety and health of workers, 
and  in  accordance  with  the  basic  principles  laid 
down  in  Article  3,  the  employer  shall  take  the 
necessary measures so that: 

- Page - 7 

Original Commission Proposal 

Modified  Proposal 

where  explosive  atmospheres  may  arise  in 
such quantities  as to  endanger the  safety  and 
health  of  workers,  the  working  environment 
is such,  given  the appropriate  measures,  that 
workers  can  perform  the  work  assigned  to 
them  without  danger  to  their  safety  and 
health or to the safety and health of others, 

where  explosive  atmospheres  may  arise  in 
such quantities as to  endanger  the  safety  and 
health  of workers,  the  working  environment 
is  such  that  workers  can  perform  the  work 
assigned  to  them  without  danger  to  their 
safety  and  health  or  to  the  safety  and  health 
of others, 

-

of  workers 

responsible  supervision  is ensured  during the 
presence 
in  working 
environments  where  explosive  atmospheres 
may  arise  in  such  quantities  as  to  endanger 
the safety  and health of workers, 

appropriate  supervision  during  the  presence 
of  workers  shall  be  ensured,  including  the 
use  of  monitoring  devices  and  modern 
technical  means,  in  working  environments 
where  explosive  atmospheres  may  arise  in 
such quantities as to  endanger the safety  and 
health of workers 

work  during  which  workers  may  be  at  risk 
from  explosive  atmospheres  is  carried  out 
only  by  competent  persons  or  under  their 
supervision, 

unchanged 

where necessary, workers wear only working 
clothes  or  personal  protective  equipment 
suitable  for  use  in  places  where  explosive 
atmospheres  may  arise  in  such  quantities  as 
to endanger the safety and health of workers. 

where  explosive  atmospheres  may  arise  in 
such quantities as to endanger the health and 
safety  of  workers  only  appropriate  working 
clothes and/or personal protective  equipment 
are worn by workers. 

(2)  Without  prejudice  to  Council  Directives 
89/654/EEC,  89/655/EEC  and  92/57/EEC,  the 
employer shall ensure : 

(2)  Without  prejudice  to  Council  Directives 
89/654/EEC9,  89/655/EEC10 and  92/57/EEC11, the 
employer shall ensure : 

in  accordance  with  the  principle  of  overall 
assessment  of  the  place  of  work,  that  work 
equipment  and  all  installation  materials  are 
suitable  for  use  in  places  where  explosive 
atmospheres  may  arise  and  are  so  erected, 
installed  and  assembled that they do not give 
rise to an explosion risk; 

in  accordance  with  the  principle  of  overall 
assessment  of  the  workplace,  that  work 
equipment  and  all  installation  materials  are 
suitable  for  use  in  places  where  explosive 
atmospheres  may  arise  and  are  erected, 
installed  and  assembled  so  that  they  do  not 
give rise to an explosion risk; 

that  the  measures  required  under  Article  3 
are  combined  or  supplemented  as  necessary 
and  that  the  necessary  measures  against  the 
propagation of explosions are taken; 

that  the  measures  required  under  Article  3 
are  where  necessary  combined  and  where 
necessary 
supplemented  with  measures 
against the propagation of explosions; 

9 
10 
11 

OJ No L 393,30.12.1989, p. 1 
OJ No L 393, 30.12.1989, p. 13 
OJ No L 245,26.08.1992, p. 6 

- Page - 8 

Original Commission Proposal 

Modified Proposal 

where necessary, that appropriate emergency 
routes  are  indicated  and  escape  and  rescue 
facilities  are  provided  and  maintained  to 
ensure  that  workers  can  leave  endangered 
places  promptly  and  safely  in  the  event  of 
danger. 

where necessary, that appropriate emergency 
routes  are  indicated  and  escape  and  rescue 
facilities  are  provided  and  maintained  to 
ensure  that  in  the  event  of  danger  workers 
can  leave  endangered  places  promptly  and 
safely. 

Following  an appropriate  health and  safety 
(3) 
policy,  the employer shall ensure that a health and 
safety  plan  for  explosion  protection  measures, 
hereinafter referred to as the "explosion protection 
document", satisfying the pertinent requirements of 
Articles  6,  9  and  10  of  Directive  89/391/EEC,  is 
drawn up and kept up to date. 

for 

The employer shall ensure that a health and 
(3) 
safety  document 
explosion  protection 
measures, hereinafter  referred  to as the  "explosion 
protection  document",  which  may be  a  document 
or  set  of  documents,  satisfying  the  pertinent 
requirements  of  Articles  6  and  9  of  Directive 
89/391/EEC, is drawn up and kept up to date 

explosion  protection  document 

The 
demonstrate in particular: 

shall 

unchanged 

that  the  explosion  risks  incurred  by  the 
workers  have  been  determined  and 
assessed; 

unchanged 

that  adequate  measures  will  be  taken  to 
attain the aims of this Directive; 

unchanged 

that  the  workplace  and  work  equipment 
including  warning  devices  are  designed 
operated  and  maintained  with  due  regard 
for safety; 

unchanged 

that, 
in  accordance  with  Directive 
89/655/EEC, arrangements have been made 
for the safe use of work equipment. 

unchanged 

The explosion protection document  shall be drawn 
up  prior  to  the  commencement  of  work  and  be 
revised  if  the  working  environment,  in  particular 
the workplace, work equipment or organisation  of 
the  work,  has  undergone  significant  changes, 
extensions or conversions. 

The explosion protection document shall be drawn 
up  prior  to  the  commencement  of  work  and  be 
revised  when  the  workplace,  work  equipment  or 
organisation  of  the  work,  undergoes  significant 
changes, extensions or conversions. 

(4)  Where  workers  from  several  undertakings 
are present  at the same workplace,  each employer 
shall  be  responsible  for  all  matters  under  his 
control. 

(4)  Where  workers from several  undertakings 
are present at the same workplace,  each employer 
shall  be  responsible  for  all  matters  coming  under 
his control. 

- Page - 9 

Original Commission Proposal 

Modified Proposal 

The  employer  responsible  for  the  workplace  in 
accordance with national  law and/or practice shall 
coordinate  the implementation  of all the measures 
concerning  workers'  safety  and  health  and  shall 
state,  in  his  explosion  protection  document,  the 
aim  of  that  coordination  and  the  measures  and 
procedures for implementing it. 

unchanged 

The coordination  shall not affect  the responsibility 
of  the  individual  employers  as  provided  for  in 
Directive 89/391/EEC. 

The  coordination  shall  not  affect  the  individual 
responsibility  of each  employer as provided  for in 
Directive 89/391/EEC. 

Article 5 

Places containing explosive atmospheres 

Places where explosive atmospheres may occur 

(1) 
The employer shall specify  in the explosion 
protection  document  the  places  to  which  the 
minimum  requirements  laid  down  in  Annex  II 
apply. 

unchanged 

shall 

He 
atmospheres  may  occur 
Annex! 

classify  places 
in 

where 
explosive 
accordance  with 

He 
shall  classify  places,  where  explosive 
atmospheres  may occur,  into zones  in accordance 
with Annex I. 

(2) 
In  respect  of  the  places  covered  by 
paragraph  1, the employer shall ensure compliance 
with  the  relevant  provisions  of  the  minimum 
requirements  for  improving  the  safety  and  health 
protection  of  workers  potentially  at  risk  from 
explosive atmospheres as laid down in Annex II. 

The  employer  shall  ensure 

(2) 
the 
minimum requirements  laid down in Annex  II are 
applied to places covered by paragraph 1. 

that 

Annex  IV  provides  guidance  on  the  performance 
of work in the various zones. 

unchanged 

(3)  Where  necessary,  places  where  explosive 
atmospheres  may  arise  in  such  quantities  as  to 
endanger the safety  and health of workers shall be 
marked with signs at the points of entry to them, in 
accordance with Annex III. 

unchanged 

- Page -10 

Original Commission Proposal 

Modified Proposal 

Article 6 

Worker information 

Without  prejudice  to  Article  10  of  Directive 
89/391/EEC,  workers  and/or their  representatives 
shall  be  informed  of  all  measures  to  be  taken 
concerning safety and health at work,  in particular 
those taken in pursuance of Articles 3 to  5 of this 
Directive. 

unchanged 

Article 7 

Consultation and participation of workers 

Consultation  and  participation  of  workers  and/or 
take  place 
of  their  representatives  shall 
in 
accordance  with  Article 
11  of  Directive 
89/391/EEC  on  all  matters  covered  by  this 
Directive. 

unchanged 

Article 8 

Training of workers 

Without  prejudice  to  Article  12  of  Directive 
89/391/EEC, the employer shall take the necessary 
steps  to  ensure  that  workers  potentially  at risk 
from  explosive  atmospheres  receive  appropriate 
training, in particular in pursuance of Articles 3 to 
5 of this Directive. 

unchanged 

Article 9 

Special  requirements  for  work  equipment  and 
workplaces 

(1)  Work  equipment  for  use  in  places  where 
explosive  atmospheres  may  occur  which  is  made 
available  in  the  undertaking  or  establishment  for 
the  first  time  after  the  entry into  force  of  this 
Directive  and  up  to  30  June  2003  shall  comply 
with  the  minimum  requirements  laid  down  in 
Annex  II  A,  if  no  other  Community  directive  is 
applicable or is so only partially. 

unchanged 

- Page -11 

Original Commission Proposal 

Modified Proposal 

(2)  Work  equipment  for  use  in  places  where 
explosive  atmospheres  may  occur  which  is  made 
available  in  the  undertaking  or  establishment  for 
the first time after 30 June 2003  shall comply with 
the  minimum requirements  laid  down  in Annex II 
AandB. 

unchanged 

(3)  Workplaces  which  contain  places  where 
explosive  atmospheres  may  occur  and  which  are 
used for the first time after the entry into force  of 
this  Directive  shall  comply  with  its  minimum 
requirements. 

unchanged 

(4)  Where  work  equipment  and  workplaces 
which contain places where explosive atmospheres 
may occur are already in use before  the entry into 
force  of this Directive,  they  shall  comply  with its 
minimum  requirements  no  later  than  three  years 
after its entry into force. 

(4)  Where  workplaces  which  contain  places 
where  explosive  atmospheres  may  occur  are 
already  in use  before  the  entry  into  force  of  this 
Directive,  they  shall  comply  with  its  minimum 
requirements  no  later  than  three  years  after  its 
entry into force. 

restructuring 

extension  or 

If,  after this Directive enters into force, any 
(5) 
modification, 
is 
undertaken in workplaces  containing  places where 
explosive  atmospheres  may  occur,  the  employer 
shall take the necessary  steps to  ensure that these 
comply  with 
this  Directive's  minimum 
requirements. 

unchanged 

SECTION in 

MISCELLANEOUS PROVISIONS 

Article 10 

Adjustments to the Annexes 

Purely technical adjustments to the Annexes of this 
Directive made necessary by 

unchanged 

the  adoption  of  directives  on  technical 
harmonisation  and  standardisation  in  the 
field  of explosion protection, 

and/or 

- Page -12 

Modified Proposal 

Original Commission Proposal 
technical  progress,  changes in international 
regulations  or  specifications,  and  new 
findings  on 
the  prevention  of  and 
protection against explosions 

shall be adopted in accordance with the procedure 
laid down in Article 17 of Directive 89/391/EEC. 

Article 11 

Vademecum 

Article 11 

Vademecum 

A vademecum shall be drawn up in agreement with 
the  Council,  describing  some  possible  ways  of 
complying  with 
the  minimum  requirements 
contained  in  this  Directive.  Modifications  and 
supplements to the vademecum shall be adopted in 
accordance with the procedure laid down in Article 
17 of Directive 89/391/EEC. 

A  vademecum  setting  out  guidelines  for  some 
possible  ways  of  complying  with  the  minimum 
requirements  contained  in this  Directive  shall  be 
drawn up by  the  Commission  in  accordance  with 
the  procedure  laid  down  under  Article  17  of 
and 
Directive 
supplements  shall  be  subject 
the  same 
procedure. 

89/391/EEC,  modifications 

to 

Article 12 (new) 

Information to undertakings 

Member  States  shall  ensure that  the  undertakings 
particularly  medium  and  small  sized  enterprises, 
likely  to  be  affected by  this  Directive,  are timely 
informed of its provisions. In this conter Member 
States shall also ensure that the vademecum drawn 
up pursuant to Article 11 is widely distributed. 

Article 12 

Final provisions 

Article 13 

Final provisions 

(1)  Member  States  shall  bring  into  force  the 
laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive  not  later 
than  31  December  1997.  They  shall  forthwith 
inform the Commission thereof. 

(1)  Member  States  shall  bring  into  force  the 
laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive  not  later 
than  31  December  1999.  They  shall  forthwith 
inform the Commission thereof. 

When Member States adopt these provisions, these 
shall  contain  a reference  to  this Directive  or shall 
be  accompanied  by  such  reference  at  the  time  of 
their  official  publication.  The  procedure  for  such 
reference shall be adopted by the Member States. 

unchanged 

- Page -13 

Original Commission Proposal 

Modified Proposal 

(2)  Member  States  shall  communicate  to  the 
Commission the texts of the provisions of national 
law  which  they  have  already  adopted  or  adopt in 
the field governed by this Directive. 

unchanged 

shall  report 

(3)  Member  States 
the 
Commission  every  five  years  on  the  practical 
implementation of the provisions of this Directive, 
indicating  the  points  of  view  of  employers  and 
workers. 

to 

unchanged 

inform  the  European 
The  Commission  shall 
Parliament,  the Council,  the Economic  and  Social 
Committee and the Advisory Committee on Safety, 
Hygiene and Health Protection at Work. 

unchanged 

Article 13 

Article 14 

This Directive is addressed to the Member States. 

unchanged 

Done at Brussels, 

For the Council 

-Page-14 

Original Commission Proposal 

Modified Proposal 

ANNEX  I 

CLASSIFICATION  OF  PLACES  WHERE 
EXPLOSIVE ATMOSPHERES MAY OCCUR 

ANNEX  I 

unchanged 

1. Preliminary note 

1. Preliminary note 

shall  be 
The  following  system  of  classification 
applied  to  places  where,  as  a  result  of  local  and 
operational  conditions,  an  explosive  atmosphere 
may  occur  in  such  quantities  as  to  require 
precautions to be taken in accordance with Articles 
3 to 5 of this Directive. 

2. Places where explosive atmospheres may occur 

shall  be 
The  following  system  of  classification 
applied to places where precautions in accordance 
with Articles 3 to 5 of this Directive shall be taken. 

A  place  in  which  an  explosive  atmosphere  may 
occur  in  such  quantities  as  to  require  special 
precautions to  protect the health and safety  of the 
workers concerned  shall be regarded as hazardous 
within the meaning of this Directive. 

unchanged 

A place in which an explosive atmosphere is not 
expected to occur in such quantities as to require 
special precautions shall be regarded as 
non-hazardous within the meaning of this 
Directive. 

unchanged 

Flammable  substances  shall  be  classified  as 
materials which may form an explosive atmosphere 
unless  an  investigation  of  their  properties  has 
shown thaï in mixtures with air they are incapable 
of independently propagating an explosion. 

Flammable and/or combustible  substances  sh<u* be 
considered  as  materials  which  may  form  an 
explosive  atmosphere  unless  an  investigation  of 
their properties has shown that in mixtures with air 
they are incapable of independently propagating an 
explosion. 

3. Classification of hazardous places 

3. Classification of hazardous places 

Hazardous  places  shall  be  classified  in  terms  of 
zones on the basis of the frequency and duration of 
the occurrence of an explosive atmosphere and the 
assessment of the anticipated effects. 

Hazardous  places  shall  be  classified  in  terms  of 
zones on the basis of the frequency and duration of 
the occurrence of an explosive atmosphere. 

The  extent  of  the  measures  to  be  taken  in 
accordance with Annex II A is determined by this 
classification.  The guide criteria for performance of 
work  in  the  various  zones  (Annex  IV)  provide 
useful information which may be an aid to practical 
application. 

The  extent  of  the  measures  to  be  taken  in 
accordance with Annex II A  is determined  by this 
classification. 

- Page -15 

Original Commission Proposal 

Modified Proposal 

ZoneO 

ZoneO 

A  place 
in  which  an  explosive  atmosphere 
consisting  of  a  mixture  with  air  of  flammable 
substances  in  the  form  of  gas,  vapour  or  mist  is 
present  continuously  or  for  long  periods  or 
frequently. 

A  place 
in  which  an  explosive  atmosphere 
consisting  of  a  mixture  with  air  of  flammable 
substances  in  the  form  of  gas,  vapour  or  mist  is 
present  continuously  or  for  long  periods  or 
frequently. 

Zone 1 

Zone 1 

A  place 
in  which  an  explosive  atmosphere 
consisting  of  a  mixture  with  air  of  flammable 
substances  in  the  form  of  gas,  vapour  or  mist  is 
likely to occur occasionally. 

A  place 
in  which  an  explosive atmosphere 
consisting of  a  mixture  with  air of  flammable 
substances  in the  form  of  gas,  vapour  or mist  is 
likely to occur in normal operation occasionally. 

Zone 2 

Zone 2 

in  which  an  explosive  atmosphere  A  place 

A  place 
consisting  of  a  mixture  with  air  of  flammable 
substances in the form of gas, vapour or mist is not 
likely to occur or, if it does occur, will persist for a 
short period only. 

in  which  an  explosive  atmosphere 
consisting  of  a  mixture  with  air  of  flammable 
substances in the form of gas, vapour or mist is not 
likely to  occur in normal  operation but,  if it  does 
occur, will persist for a short period only. 

Zone 20 

Zone 20 

A  place  in  which  an  explosive  atmosphere  in the 
form  of  a  cloud  of  combustible  dust  in  air  is 
present  continuously, 
long  periods  or 
frequently  and  in  which  deposits  of  combustible 
dust  of  unknown  or  excessive  thickness  may  be 
formed.  (Dust  deposits  alone  are not  grounds  for 
classification as Zone 20). 

for 

A  place  in  which  an explosive  atmosphere  in the 
form  of  a  cloud  of  combustible  dust  in  air  is 
present  continuously,  or  for  long  periods  or 
frequently. 

Zone 21 

Zone 21 

A  place  in which  an  explosive  atmosphere  in the 
form  of  a  cloud  of  combustible  dust  in  air  can 
occasionally  occur and in which deposits or layers 
of combustible dust can generally be present. 

A  place  in which  an explosive  atmosphere  in the 
form of a cloud of combustible dust in air is likely 
to occur in normal operation occasionally. 

-Page-16 

Original Commission Proposal 

Modified Proposal 

Zone 22 

Zone 22 

A  place  in  which  an explosive  atmosphere  in the 
form  of  a cloud  of  combustible  dust  in  air  is  not 
likely to occur or in which accumulations or layers 
of combustible dust are present. 

A  place  in which  an  explosive  atmosphere  in the 
form  of  a cloud  of  combustible  dust  in  air  is  not 
likely to  occur  in normal  operation  but,  if it  does 
occur, will persist for a short period only. 

Note I : 
Layers,  deposits  and  heaps  of  combustible  dust 
shall be considered  as any other  source  which can 
form an explosive atmosphere. 

Note II: 
Normal  operation  means  the  situation  when 
their  design 
installations  are  used  within 
parameters. 

-Page-17 

Original Commission Proposal 

Modified Proposal 

ANNEX II 

ANNEX II 

A.  MINIMUM  REQUIREMENTS 
FOR 
IMPROVING  THE  SAFETY  AND  HEALTH 
WORKERS 
PROTTECTION 
POTENTIALLY  AT  RISK  FROM  EXPLOSIVE 
ATMOSPHERES 

OF 

A.  MINIMUM  REQUIREMENTS 
FOR 
IMPROVING  THE  SAFETY  AND  HEALTH 
PROTECTION  OF WORKERS  POTENTIALLY 
AT RISK FROM EXPLOSIVE ATMOSPHERES 

PRELIMINARY NOTE 

PRELIMINARY NOTE 

The obligations laid down in this Annex apply 

The obligations laid down in this Annex apply 

whenever  required  by  the  features  of 
workplaces,  workstations,  the  equipment 
or  substances  used  or  the  dangers  caused 
by  the  activity  in  question  as  a  result  of 
explosive atmospheres, 

whenever  required  by  the  features  of 
workplaces,  workstations, 
the  equipment  or 
substances  used  or  the  dangers  caused  by  the 
activity  related  to  the  risks  from  explosive 
atmospheres, 

to  equipment 
in  non-hazardous  places 
which  is  required  for,  or  helps  to  ensure, 
the  safe  operation  of  equipment  located in 
hazardous places. 

unchanged 

1. 

Organisational measures 

1.1 

Competent workers 

For  any  workplace,  there  shall  be  available  a 
sufficient  number  of  workers  with  the  requisite 
skills,  experience  and  training  to  perform  the 
explosion protection tasks assigned to them. 

unchanged 

1.2  Written instructions and permits to work 

1.2  Written instructions and permits to work 

Where  required  by  the  explosion  protection 
document 

Work  in  places  defined  as  hazardous  in  the 
explosion protection document  shall be performed 
in  accordance  with  written  instructions  to  be 
established by the employer. 

written  instructions  specifying  the  rules  to 
be  observed  shall  be  issued  for  every 
workplace,  taking  into  account  the  size  of 
the operation and nature of activities, 

A system of permits to work shall be established by 
the  employer  for  carrying  out  both  hazardous 
activities  and  activities  which  may  interact  with 
other  work  to  cause  hazards  as  defined  in  the 
explosion protection document. 

a  system  of  permits  to  work  shall  be 
applied  for  carrying  out  both  hazardous 
activities  and  activities  which  may interact 
with other work to cause hazards. 

Page-18 

Original Commission Proposal 

Modified Proposal 

Permits to  work  shall  be  issued  by  a person  with 
responsibility  for  this  function  prior  to  the 
commencement of work. 

unchanged 

Regular  review  of  safety  and  health 

1.3 
measures 

The employer shall ensure that the measures taken 
to protect the safety and health of the workers are 
reviewed  regularly,  at  least  once  per  year,  to 
ensure compliance with this Directive. 

unchanged 

2. 

Assessment of explosion  risks 

Any assessment  of explosion risks shall be 

2.1 
based on 

unchanged 

the  likelihood  that  explosive  atmospheres 
will occur and their persistence, 
the  likelihood  that  ignition  sources  will  be 
present and become effective, 
the scale of the anticipated effects. 

Ignitability  shall be assessed  by taking into 

2.2 
account, in particular, 

2.2 

Ignitability  shall  be  assessed  by  taking  into 
account, in particular, 

the  possible  degree  of  dispersal  of 
flammable  substances, 
the  possible  concentration  of flammable 
substances  in  air  within  their  explosion 
limits. 

the degree of dispersion of flammable and/or 
combustible substances, 
the  concentration  of  flammable  and/or 
combustible substances 

2.3 

Explosion risks shall be assessed overall. 

2.3 

Explosion risks shall be assessed overall. 

The following are of particular importance: 

The following are of particular importance: 

installations, 
substances used, 
processes, 
possible  interaction,  including  interaction 
with the working environment. 

installations, 
substances used, 
processes, 
and their possible interaction. 

2.4  Working  areas  which  are  or  can  be 
in  which 
connected  via  openings  to  places 
explosive  atmospheres  may  occur  shall  be  taken 
into account in assessing explosion  risks. 

2.4 
Places  which  are  or  can  be  connected  via 
openings to places in which explosive atmospheres 
may occur shall be taken into account  in assessing 
explosion  risks. 

-Page-19 

Original Commission Proposal 
Planning principles 

3. 

Modified Proposal 
Planning of installations 

3.1  When  planning  new  installations  or  the 
modification  of  existing  ones,  attention  shall  be 
paid, in particular, to 

unchanged 

conditions,  including 

normal  operating 
maintenance work, 
constructional factors, 
commissioning and decommissioning, 
malfunctions, foreseeable fault conditions, 
misuse  which  may 
anticipated. 

reasonably  be 

It shall  also  be ascertained  as part  of this process 
whether 

It shall  also  be ascertained  as part  of this process 
whether 

flammable  substances  can  be  replaced  by 
form  explosive 
others  which  cannot 
mixtures, 
all  types  of  connecting  and  coupling 
devices  can  be  avoided  in places  in which 
explosive atmospheres may occur. 

flammable  and/or  combustible  substances 
can  be  replaced  by  others  which  cannot 
form explosive mixtures, 
all types  of  connections  and couplings can 
be  avoided  in  places  in  which  explosive 
atmospheres may occur. 

3.2 
If  the  explosion  protection  document 
indicates  that  hazards  to  workers  or the  working 
environment cannot be ruled out, suitable measures 
and  protective  systems  shall  be  introduced  to 
combat such hazards. 

3.2 
If hazards to  workers  are identified  at the 
design  stage,  suitable  provisions  and  protective 
systems shall be planned to combat such hazards. 

3.3 
If  the  likelihood  of  an  ignition  source 
becoming effective  cannot be assessed, the ignition 
source  shall  be  regarded  as  being  effective  at  all 
selected 
times, 
accordingly. 

protective  measures 

and 

3.3 
If  the  likelihood  of  an  ignition  source 
becoming effective  cannot be assessed, the ignition 
source  shall  be  regarded  as  being  effective  at  all 
times. 

4. 

Explosion protection measures 

4.1 
If an explosive atmosphere contains several 
types of flammable gases, vapours,  mists or dusts, 
protective  measures  shall  be  appropriate  to  the 
greatest potential hazard. 

4.1 
If an explosive atmosphere contains several 
types  of  flammable  and/or  combustible  gases, 
vapours, mists  or dusts,  protective  measures shall 
be appropriate to the greatest potential hazard. 

of 

ignition 

Prevention 

4.2 
in 
accordance  with  Article  3  shall  also  take  account 
of  electrostatic  discharges,  where  workers  or the 
working  environment  act  as  the  charge  carrier or 
charge producer. 

hazards 

unchanged 

Page -20 

Original Commission Proposal 
Suitable  precautions  shall  be  taken  to 
4.3 
prevent  propagation  of  explosions  by  dangerous 
chain reactions. 

Modified Proposal 

unchanged 

unchanged 

4.4  Work equipment and associated connecting 
devices shall be so assembled that they do not give 
rise to  an explosion hazard.  They may be brought 
into  service  only  if  the  explosion  protection 
document  shows  that  their  operation  will  not 
involve  an explosion  hazard.  This  applies also  to 
work equipment and associated connecting devices 
which are not regarded as equipment or protective 
systems  within  the  meaning  of  Directive  94/9/EC 
on  the  approximation  of the  laws  of  the Member 
States6  concerning  equipment  and  protective 
systems  intended  for  use  in  potentially  explosive 
atmospheres 
into  an 
installation  can  in  itself  give  rise  to  an  ignition 
hazard.  Suitable  precautions  shall  be  taken  to 
prevent confusion between connecting devices. 

incorporation 

their 

if 

4.5 
If the way in which portable appliances are 
used  is  such  that  they  may be  operated  in places 
with  different  degrees  of  potential  danger, 
appropriate organisational  measures shall be taken 
to ensure safe operation; otherwise such appliances 
shall  be  selected  on  the  basis  of  the  most 
unfavourable conditions of use. 

4.5 
If portable  appliances  may  be  operated  in 
places  with  different  degrees  of  potential  danger, 
appropriate organisational  measures shall be taken 
to ensure safe operation; otherwise such appliances 
shall  be  selected  on  the  basis  of  the  most 
unfavourable conditions of use. 

It  shall  be  ensured  that  only  those 
4.6 
measuring  instruments  for  recording  explosive 
atmospheres are used which offer the reliability and 
accuracy  appropriate  to  the  actual  conditions  of 
use. 

It  shall  be  ensured  that  only  those 
4.6 
measuring  instruments  for  detecting  explosive 
atmospheres are used which offer the reliability and 
accuracy  appropriate  to  the  actual  conditions  of 
use. 

4.7 
Before  explosion conditions are reached, it 
shall  still  be  possible  for  the  necessary  explosion 
protection  measures  to  be  carried  out  in  safety. 
Workers  shall  be  given  optical  and/or  acoustic 
warnings and, where necessary, withdrawn. 

4.7 
It  shall  be  ensured  that  the  necessary 
explosion  protection  measures  can be  carried  out 
in safety  before  explosion  conditions  are reached. 
Workers  shall  be  given  optical  and/or  acoustic 
warnings and, where necessary,  withdrawn before 
the explosion conditions are reached. 

4.8 
Protection  systems  providing  explosion 
pressure  relief  shall  safely  divert  the  explosion 
pressure and any substances released. 

unchanged 

Any gases released  which may give rise to 

4.9 
explosion hazards shall be suitably evacuated. 

unchanged 

6  OJ No L 100, 19.4.1994, p. 14 

-Page-21 

Original Commission Proposal 

Modified Proposal 

4.10  Deposits  of  explosible  dusts  outside  work 
equipment shall be removed or rendered harmless. 

unchanged 

4.11  Where  additional  risks  may  arise  if  the 
power supply to equipment and protective  systems 
is interrupted,  it shall be possible to maintain them 
in  a  safe  state  of  operation  independently  of  the 
rest of the installation. 

4.11  Where  equipment  and  protective  systems 
can give rise to  a spread  of additional risks in the 
event  of  a  power  failure,  it  must  be  possible  to 
maintain  them  in  a  safe  state  of  operation 
independently of the rest of the installation. 

4.12  Manual  override  shall  be  possible  in order 
to shut down the equipment and protective systems 
incorporated  within  automatic  processes  which 
deviate from the intended operating conditions. 

4.12  Manual  override must be possible  in order 
to shut down the equipment and protective systems 
incorporated  within  automatic  processes  which 
deviate  from  the  intended  operating  conditions, 
provided that this does not compromise safety. 

Only competent persons may take such action. 

Only competent workers may take such action. 

4.13  When the emergency shutdown is actuated, 
accumulated energy shall be dissipated or insulated 
as  quickly  and  as  safely  as  possible  so  that  it  no 
longer constitutes a hazard. 

4.13  When  the  emergency  shutdown  system  is 
actuated, accumulated energy must be disipated as 
quickly and as safely as possible or isolated so that 
it no longer constitutes a hazard. 

This  does  not  apply  to  electrochemically-stored 
energy. 

This  does  not  apply  to  electrochemically-stored 
energy. 

4.14  Before  a  workplace  containing  places 
where  explosive  atmospheres  may  occur  is  used 
for the first time,  its overall  explosion  safety  shall 
be checked. 

unchanged 

The  requisite  conditions  for  ensuring  explosion 
protection shall be maintained. 

unchanged 

4.15  Such checks shall be carried out by persons 
who  possess  particular  expertise  in  the  field  of 
explosion  protection  as  a  result  of 
their 
professional training, experience and current  job. 

4.15  Such checks shall be carried out by persons 
competent in the field of explosion protection as a 
result of their professional training, experience and 
current  job. 

Such persons shall be recognised  and/or appointed 
for  carrying  out  checks  in  a  specific  field  in 
legislation  and/or 
accordance  with  national 
practice. 

deleted 

Page -22 

Original Commission Proposal 
B 
CRITERIA  FOR  THE 
WORK  EQUIPMENT  AND 
MATERIALS 

SELECTION  OF 
INSTALLATION 

Modified Proposal 
CRITERIA  FOR  THE  SELECTION  OF 

B. 
EQUIPMENT AND PROTECTIVE SYSTEMS 

If  the  explosion  protection  document  based  on a 
risk  assessment  does  not  state  otherwise,  work 
equipment  and  installation  materials  for  all  places 
in which explosive atmospheres may occur shall be 
selected  on  the  basis  of  the  categories  set  out  in 
Parliament  and  Council  Directive  94/9/EC  on  the 
approximation  of  the  laws  of  the  Member  States 
concerning  equipment  and  protective  systems 
intended 
explosive 
atmospheres7. 

in  potentially 

for  use 

If  the  explosion  protection  document  based  on a 
risk  assessment  does  not 
state  otherwise, 
equipment and protective  systems for all places in 
which  explosive  atmospheres  may  occur  shall  be 
selected  on  the  basis  of  the  categories  set  out  in 
Parliament  and  Council  Directive  94/9/EC  on  the 
approximation  of  the  laws  of  the  Member  States 
concerning  equipment  and  protective  systems 
intended 
explosive 
atmospheres. 

in  potentially 

for  use 

ZoneO 

ZoneO 

In  Zone  0,  Category  1  equipment  shall  be  used 
which  is  intended  for  use  in  areas  in  which 
explosive  atmospheres  caused  by  mixtures  of  air 
and  gases,  vapours  or  mists  are  present 
continuously, for long periods or  frequently. 

In  Zone  0,  Category  1  equipment  shall  be  used 
which  is  intended  for  use  in  places  in  which 
explosive  atmospheres  caused  by  mixtures  of  air 
and  gases,  vapours  or  mists  are  present 
continuously, for long periods or  frequently. 

Zone 1 

Zone 1 

In  Zone  1,  Category  2  equipment  shall  be  used 
which  is  intended  for  use  in  areas  in  which 
explosive atmospheres caused by gases, vapours or 
mists  are  likely  to  occur  occasionally.  Equipment 
suitable for use in Zone 0 may also be used. 

In  Zone  1,  Category  2  equipment  shall  be  used 
which  is  intended  for  use  in  places  in  which 
explosive atmospheres caused by gases, vapours or 
mists  are likely  to  occur  occasionally.  Equipaient 
suitable for use in Zone 0 may also be used. 

Zone 2 

Zone 2 

In  Zone  2,  Category  3  equipment  shall  be  used 
which  is  intended  for  use  in  areas  in  which 
explosive atmospheres caused by gases, vapours or 
mists are unlikely to occur or, if they do, are likely 
to  do  so  only  infrequently  and for  a  short  period 
only.  Equipment  suitable  for  use  in Zones  0  or 1 
may also be used. 

In  Zone  2,  Category  3  equipment  shall  be  used 
which  is  intended  for  use  in  places  in  which 
explosive atmospheres caused by gases, vapours or 
mists are unlikely to occur or, if they do, are likely 
to  do  so  only  infrequently  and for  a  short  period 
only.  Equipment  suitable  for  use  in Zones  0  or 1 
may also be used. 

Zone 20 

Zone 20 

In Zone  20,  Category  1  equipment  shall  be  used 
which  is  intended  for  use  in  areas  in  which 
explosive  atmospheres caused by air/dust mixtures 
are  present  continuously,  for  long  periods  or 
frequently 

In Zone  20,  Category  1 equipment  shall  be  used 
which  is  intended  for  use  in  places  in  which 
explosive atmospheres caused by air/dust mixtures 
are  present  continuously,  for  long  periods  or 
frequently. 

7  OJ No L 100, 19.4.1994, p. 1 

Page -23 

Original Commission Proposal 

Modified Proposal 

Zone 21 

Zone 21 

In Zone  21,  Category  2  equipment  shall  be  used 
which  is  intended  for  use  in  areas  in  which 
explosive atmospheres caused by air/dust mixtures 
are 
likely  to  occur  occasionally.  Equipment 
suitable for use in Zone 20 may also be used. 

In Zone  21,  Category  2  equipment  shall  be  used 
which  is  intended  for  use  in  places  in  which 
explosive atmospheres caused by air/dust mixtures 
are 
likely  to  occur  occasionally.  Equipment 
suitable for use in Zone 20 may also be used. 

Zone 22 

Zone 22 

In Zone  22,  Category  3  equipment  shall  be  used 
which  is  intended  for  use  in  areas  in  which 
explosive  atmospheres  caused  by  dust  raised  into 
the  air  are  unlikely  to  occur  or,  if  they  do,  are 
likely  to  do  so  only  infrequently  and  for  a  short 
period  only.  Equipment  suitable  for  use  in Zones 
20 or 21 may also be used. 

In Zone  22,  Category  3  equipment  shall  be  used 
which  is  intended  for  use  in  places  in  which 
explosive atmospheres caused by air/dust mixtures 
are unlikely to occur or, if they do, are likely to do 
so  only  infrequently  and  for  a  short  period  only. 
Equipment suitable for use in Zones 20 or 21 may 
also be used. 

In  accordance  with  Directive  89/655/EEC,  the 
employer  shall  ensure  that  the  equipment  and 
installation  materials  used  are  suitable  for  the 
actual  operating  and  service  conditions.  Where 
appropriate,  this  also  applies  to  working  clothes 
and personal protective equipment. 

unchanged 

- Page -24 

Original Commission Proposal 

Modified Proposal 

ANNEX III 

ANNEX III 

Warning 
atmospheres may occur, pursuant to Article 5 (3) 

for  places  where 

explosive 

sign 

Warning 
atmospheres may occur, pursuant to Article 5 (3) 

for  places  where 

explosive 

sign 

Beware explosive atmospheres! 

Place where explosive atmospheres may occur 

Distinctive features: 

Distinctive features: 

triangular shape 

triangular shape 

black  pictogram  on  a  yellow  background 
with black edging  (the yellow  part to take 
up at least 50% of the area of the sign). 

black  pictogram  on  a  yellow  background 
with black edging  (the yellow  part to take 
up at least 50% of the area of the sign). 

Page -25 

Original Commission Proposal 

Modified Proposal 

ANNEX IV 

GUIDE  CRITERIA  FOR  PERFORMANCE  OF 
WORK 

Installations  are  considered  to  be  in  normal 
operation when they are performing their intended 
function within their design parameters. 

unchanged 

Zone 0 

The presence of workers and performance of work 
are as a general rule not permissible. 

unchanged 

Ignition  sources  which  may  become  effective 
during  normal  operation  and  even  in  infrequently 
occurring cases of malfunction must be avoided. 

Zone 1 

The  performance  of  work  during  which  ignition 
sources  may  occur  during  normal  operation  is 
permissible only if the precautions for this zone set 
out  in  the  explosion  protection  document  are 
applied. 

unchanged 

Ignition  sources  which  may  become  effective 
during  normal  operation  and  in  foreseeable  cases 
of malfunction must be avoided. 

Zone 2 

The  performance  of  work  during  which  ignition 
sources  may  occur  during  normal  operation  is 
permissible only if the precautions for this zone set 
out  in  the  explosion  protection  document  are 
applied. 

unchanged 

Ignition  sources  which  may  become  effective 
during normal operation must be avoided. 

- Page -26 

Original Commission Proposal 

Modified Proposal 

Zone 20 

The presence of workers and performance of work 
are as a general rule not permissible. 

unchanged 

Ignition  sources  which  may  become  effective 
during  normal  operation  and  even  in  infrequently 
occurring cases of malfunction must be avoided. 

Zone 21 

The  performance  of  work  during  which  ignition 
sources  may  occur  during  normal  operation  is 
permissible only if the precautions for this zone set 
out  in  the  explosion  protection  document  are 
applied. 

unchanged 

Ignition  sources  which  may  become  effective 
during  normal  operation  and  in  foreseeable  cases 
of malfunction must be avoided. 

Zone 22 

The  performance  of  work  during  which  ignition 
sources  may  occur  during  normal  operation  is 
permissible only if the precautions for this zone set 
out  in  the  explosion  protection  document  are 
applied. 

unchanged 

Ignition  sources  which  may  become  effective 
during normal operation must be avoided. 

- Page -27 

Original Commission Proposal 

Modified Proposal 

ANNEX V 

NON-EXHAUSTIVE  LIST  OF  SUBJECTS 
SUPPLEMENTING 
MINIMUM 
REQUIREMENTS  OF THIS DIRECTIVE  AND 
COVERED 
VADEMECUM 
REFERRED TO IN ARTICLE 9 

THE 

THE 

BY 

unchanged 

Layout  and  contents  of 
protection document (see Article 4.3) 

the  explosion 

Organisational  measures  (see  Annex  II  A, 
section 1) 

Assessment  of  explosion risks (see  Annex 
II A, section 2) 

Planning  principles  (see  Annex  II  A, 
section 3) 

Planning  of  installations  (see  Annex  II A, 
section 3) 

Explosion protection  measures (see Annex 
II, section 4) 

unchanged up to end. 

Instructions  for  the  zoning  of  hazardous 
places (see Annex I) 

Information  on pertinent  standards relating 
to work equipment 

Page -28 

ISSN 0254-1475 

COM(97) 123 final 

DOCUMENTS 

EN 

04  05 

Catalogue number  :  CB-CO-97-112-EN-C 

ISBN 92-78-17222-7 

Office  for Official  Publications of the European  Communities 

L-2985  Luxembourg 

z<\