COMMON POSITION (EC) No 13/1999 adopted by the Council on 22 December 1998 with a view to adopting Council Directive 1999/.../EC of ... on minimum equirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres
Date: 1998-12-21
Institutions: Council of the European Union
Subjects: dangerous substance, explosive, occupational health, occupational safety, safety standard

25.2.1999

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COMMON  POSITION  (EC)  No  13/1999

adopted  by  the  Council  on  22  December  1998

with  a  view  to  adopting  Council  Directive  1999/. . ./EC  of  . . .  on  minimum  requirements  for
improving  the  safety  and  health  protection  of  workers  potentially  at  risk  from  explosive
atmospheres

(1999/C 55/06)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

after 

Having  regard  to  the  proposal  from  the  Commission (1),
submitted 
the  Advisory
Committee  on  safety,  hygiene  and  health  protection  at
work  and  the  Safety  and  Health  Commission  for  the
mining  and  other  extractive  industries,

consultation  with 

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189c  of  the  Treaty (3),

(1) Whereas  Article  118a  of  the  Treaty  provides  that
the  Council  shall  adopt,  by  means  of  Directives,
encouraging
minimum 
the  working
improvements, 
environment, 
level  of
protection  of  the  health  and  safety  of  workers;

requirements 
especially 

to  guarantee  a  better 

for 
in 

(2) 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;

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

subordinated 

to  purely 

(4) Whereas 

compliance  with 

the  minimum
requirements  for  improving  the  safety  and  health
protection  of  workers  potentially  at  risk  from
explosive atmospheres is essential if workers’ safety
and  health  protection  is  to  be  ensured;

to 

of  measures 

(5) 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 work (4); whereas, therefore, the provisions of the
said Directive, in particular those relating to worker
information,  to  the  consultation  and  participation
of workers and to the training of workers, 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;

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

(7) Whereas  Directive  93/9/EC  of 

the  European
Parliament  and  of  the  Council  of  23  March  1994
on  the  approximation  of  the  laws  of  the  Member
States concerning equipment and protective systems
explosive
intended 
atmospheres (5)  states  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;

in  potentially 

for  use 

(1) OJ  C  332,  9.12.1995,  p.  10  and
OJ  C  184,  17.6.1997,  p.  1.
(2) OJ  C  153,  28.5.1996,  p.  35.
(3) Opinion  of  the  European  Parliament  of  16  September  1998
(not  yet  published  in  the  Official  Journal),  Council  common
position of 22 December 1998 and Decision of the European
Parliament  of 
in  the  Official
. . .  (not  yet  published 
Jouirnal).

(8) 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
reaction  products  and
presence  of  noxious 

(4) OJ  L  183,  29.6.1989,  p.  1.
(5) OJ  L  100,  19.4.1994,  p.  1.

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consumption  of  the  oxygen  in  the  ambient  air
which  workers  need  to  breathe;

contiguous  to  hazardous  areas,  where  smoking,
crosscutting,  welding 
activities
introducing  flames  or  sparks  may  interact  with  the
hazardous  area;

other 

and 

to  be 

the  employer 

(9) 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 
in
possession of an assessment of the risks to workers’
health and safety at work; whereas this requirement
is to be regarded as being specified by this 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 
explosion  protection  document
includes  the  identification  of  the  hazards,  the
evaluation of risks and the definition of the specific
measures  to  be  taken  to  safeguard  the  health  and
safety  of  workers  at 
explosive
in  accordance  with  Article  9  of
atmospheres, 
Directive  89/391/EEC;  whereas 
the  explosion
protection document may be part of the assessment
of  the  risks  to  health  and  safety  at  work  required
by  Article  9  of  Directive  89/391/EEC;

from 

risk 

the 

(10) 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’;

(11) Whereas  the  prevention  of  the  formation  of
explosive  atmospheres  also  includes  the  application
of  the  substitution  principle;

(12) Whereas 

preventive  measures  must 

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  with  other
additional  measures  limiting  the  detrimental  effects
of  explosions  on  workers;

(13) Whereas  Council  Directive  92/58/EEC  of  24  June
1992  on  the  minimum  requirements  for  the
provision  of  safety  and/or  health  signs  at  work
(ninth  individual  Directive  within  the  meaning  of
Article  16(1)  of  Directive  89/391/EEC) (1)  is  fully
immediately
in  particular  to  places 
applicable, 

(1) OJ  L  245,  26.8.1992,  p.  23.

it  covers 

(14) Whereas  Directive  94/9/EC  divides  the  equipment
and  protective  systems  which 
into
equipment  groups  and  categories;  whereas  this
Directive  provides  for  a  classification  by  the
explosive
employer 
atmospheres  may  occur  in  terms  of  zones  and
determines which equipment and protective systems
groups  and  categories  should  be  used  in  each
zone,

places  where 

the 

of 

HAS  ADOPTED  THIS  DIRECTIVE:

SECTION  I

GENERAL  PROVISIONS

Article  1

Object  and  scope

1.
This  Directive,  which  is  the  fifteenth  individual
Directive within the meaning of Article 16(1) of Directive
89/331/EEC,  lays  down  minimum  requirements  for  the
safety and health protection of workers potentially at risk
from  explosive  atmospheres  as  defined  in  Article  2.

2.

This  Directive  shall  not  apply  to:

(a) areas  used  directly  for  and  during  the  medical

treatment  of  patients;

(b)

the  use  of  appliances  burning  gaseous  fuels  in
accordance  with  Directive  90/396/EEC (2);

(c)

the  manufacture,  handling,  use, 
storage  and
transport  of  explosives  or  chemically  unstable
substances;

(d) mineral-extracting  industries  covered  by  Directive

92/91/EEC (3)  or  Directive  92/104/EEC (4);

(2) OJ  L  196,  26.7.1990,  p.  15.  Directive  as  last  amended  by

Directive  93/63/EEC  (OJ  L  220,  30.8.1993,  p.  1).

(3) OJ  L  348,  28.11.1992,  p.  9.
(4) OJ  L  404,  31.12.1992,  p.  10.

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(e)

the use of means of transport by land, water and air,
to which the pertinent provisions of the international
agreements  (e.g.  ADNR,  ADR,  ICAO,  IMO,  RID),
and  the  Community  Directives  giving  effect  to  those
agreements,  apply.  Means  of  transport  intended  for
use in a potentially explosive atmosphere shall not be
excluded.

3.
The  provisions  of  Directive  89/391/EEC  and  the
relevant  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.

Article  2

Definition

Article  4

Assessment  of  explosion  risks

In  carrying  out  the  obligations 

in
1.
Articles  6(3)  and  9(1)  of  Directive  89/391/EEC  the
employer  shall  assess  the  specific  risks  arising  from
explosive  atmospheres,  taking  account  at  least  of:

laid  down 

— the  likelihood  that  explosive  atmospheres  will  occur

and  their  persistence,

— the 

likelihood 

including
electrostatic  discharges,  will  be  present  and  become
active  and  effective,

sources, 

ignition 

that 

— the installations, substances used, processes, and their

possible interactions,

For the purposes of this Directive, ‘explosive atmosphere’
means  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.

— the  scale  of  the  anticipated  effects.

Explosion  risks  shall  be  assessed  overall.

SECTION  II

OBLIGATIONS  OF  THE  EMPLOYER

Article  3

Prevention  of  and  protection  against  explosions

1. With  a  view  to  preventing,  within  the  meaning  of
Article  6(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  order  of  priority  and  in
accordance  with  the  following  basic  principles:

— the  prevention  of 

formation  of  explosive
atmospheres,  or  where  the  nature  of  the  activity  does
not  allow  that,

the 

— the  avoidance  of 

the 

ignition  of 

explosive

atmospheres

and

2.
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.

Article  5

Duty  of  coordination

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

Without prejudice to the individual responsibility of each
employer  as  provided  for  in  Directive  89/391/EEC,  the
employer  responsible  for  the  workplace  in  accordance
with  national  law  and/or  practice  shall  coordinate  the
implementation  of  all  the  measures  concerning  workers’
health  and  safety  and  shall  state,  in  the  explosion
protection  document  referred  to  in  Article  7,  the  aim  of
that  coordination  and  the  measures  and  procedures  for
implementing  it.

— the  mitigation  of  the  detrimental  effects  of  an
explosion  so  as  to  ensure  the  health  and  safety  of
workers.

Article  6

Places  where  explosive  atmospheres  may  occur

These  measures  shall,  where  necessary,  be  combined
and/or 
the
propagation of explosions and shall be reviewed regularly
and,  in  any  event,  whenever  significant  changes  occur.

supplemented  with  measures  against 

1.
The  employer  shall  classify  places  where  explosive
atmospheres  may  occur  into  zones  in  accordance  with
Annex  I.

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The  employer  shall  ensure  that  the  minimum
2.
requirements laid down in Annex II are applied to places
covered  by  paragraph  1.

undertaking  or  establishment  for  the  first  time  after
30  June  2003  shall  comply  with 
the  minimum
requirements  laid  down  in  Annex  II,  Parts  A  and  B.

necessary, 

places  where 

3. Where 
explosive
atmospheres may occur in such quantities as to endanger
the  health  and  safety  of  workers  shall  be  marked  with
signs  at  their  points  of  entry  in  accorrdance  with
Annex  III.

Article  7

Explosion  protection  document

In carrying out the obligations laid down in Article 4, the
employer  shall  ensure  that  a  document,  hereinafter
referred  to  as  the  ‘explosion  protection  document’,  is
drawn  up  and  kept  up  to  date.

The  explosion  protection  document  shall  demonstrate  in
particular:

— that  the  explosion  risks  have  been  determined  and

assessed,

— the adequate measures will be taken to attain the aims

of  this  Directive,

— those  places  which  have  been  classified  into  zones  in

accordance  with  Annex  I,

— those places where the minimum requirements set out

in  Annex  II  will  apply.

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.

The  employer  may  combine  existing  explosion  risk
assessments,  documents  or  other  equivalent  reports
produced  under  other  Community  acts.

Article  8

3. Workplaces  which  contain  places  where  explosive
atmospheres  may  occur  and  which  are  used  for  the  first
time  after  30  June  2003  shall  comply  with  minimum
requirements  set  out  in  this  Directive.

4. Where  workplaces  which  contain  places  where
explosive  atmospheres  may  occur  are  already  in  use
before  30  June  2003,  they  shall  comply  with  the
minimum  requirements  set  out  in  this  Directive  no  later
than  three  years  after  that  date.

5.
If,  after  30  June  2003,  any  modification,  extension
or  restructuring  is  undertaken  in  workplaces  containing
places  where  explosive  atmospheres  may  occur,  the
employer  shall  take  the  necessary  steps  to  ensure  that
these  comply  with  the  minimum  requirements  set  out  in
this  Directive.

SECTION  III

MISCELLANEOUS  PROVISIONS

Article  9

Adjustments  to  the  Annexes

Purely  technical  adjustments  to  the  Annexes  made
necessary by:

— the adoption of Directives on technical harmonisation
field  of  explosion
in 

standardisation 

the 

and 
protection

and/or

— technical 

progress, 

international
regulations  or  specifications,  and  new  findings  on  the
prevention  of  and  protection  against  explosions,

changes 

in 

Special  requirements  for  work  equipment  and
workplaces

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

1. Work  equipment  for  use  in  places  where  explosive
atmospheres  may  occur  which  is  already  in  use  or  is
made  available  in  the  undertaking  or  establishment  for
the first time before 30 June 2003 shall comply from that
date  with  the  minimum  requirements  laid  down  in
Annex  II,  Part  A,  if  no  other  Community  Directive  is
applicable  or  is  so  only  partially.

2. Work  equipment  for  use  in  places  where  explosive
atmospheres  may  occur  which  is  made  available  in  the

Article  10

Final  provisions

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  30  June  2003.
They  shall  forthwith  inform  the  Commission  thereof.

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When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such
reference  shall  be  laid  down  by  the  Member  States.

Article  11

This  Directive  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

States 

2. Member 
the
shall 
Commission  the  text  of  the  provisions  of  domestic  law
which  they  have  already  adopted  or  adopt  in  the  field
governed  by  this  Directive.

communicate 

to 

Article  12

This  Directive  is  addressed  to  the  Member  States.

3. Member  States  shall  report  to  the  Commission
every  five  years  on  the  practical  implementation  of  the
provisions  of  this  Directive,  indicating  the  points  of  view
of employers and workers. The Commission shall inform
thereof  the  European  Parliament,  the  Council,  the
Economic  and  Social  Committee  and  the  Advisory
Committee  on  safety,  hygiene  and  health  protection  at
work.

Done  at  . . .

For  the  Council

The  President

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ANNEX  I

CLASSIFICATION  OF  PLACES  WHERE  EXPLOSIVE  ATMOSPHERES  MAY  OCCUR

Preliminary note

The  following  system  of  classification  must  be  applied  to  places  where  precautions  in  accordance  with
Articles  3,  4,  6  and  7  are  taken.

1. Places  where  explosive  atmospheres  may  occur

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 is deemed to be hazardous within the meaning
of  this  Directive.

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

Flammable  and/or  combustible  substances  are  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.

2. Classification  of  hazardous  places

Hazardous  places  are  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,  Part  A,  is  determined  by  this
classification.

Zone  0

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

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  in  normal  operation  occasionally.

Zone  2

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 not likely to occur in normal operation but, if it does occur, will persist for a
short  period  only.

Zone  20

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

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.

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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  in  normal  operation  but,  if  it  does  occur,  will  persist  for  a  short  period  only.

Notes:

1. Layers, deposits and heaps of combustible dust must be considered as any other source which can form

an  explosive  atmosphere.

2.

‘Normal  operation’  means  the  situation  when  installations  are  used  within  their  design  parameters.

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ANNEX  II

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

Preliminary note

The  obligations  laid  down  in  this  Annex  apply  to:

— places  classified  as  hazardous  in  accordance  with  Annex  I  whenever  required  by  the  features  of
workplaces, workstations, the equipment or substances used or the danger caused by the activity related
to  the  risks  from  explosive  atmospheres,

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

equipment  located  in  hazardous  places.

1. Organisational measures

1.1. Training  of  workers

The  employer  must  provide  those  working  in  places  where  explosive  atmospheres  may  occur  with
sufficient  and  appropriate  training  with  regard  to  explosion  protection.

1.2. Written  instructions  and  permits  to  work

Where  required  by  the  explosion  protection  document:

— work in hazardous places must be carried out in accordance with written instructions issued by the

employer,

— a  system  of  permits  to  work  must  be  applied  for  carrying  out  both  hazardous  activities  and

activities  which  may  interact  with  other  work  to  cause  hazards.

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

2.

Explosion  protection  measures

2.1. Any  escape  and/or  release,  whether  or  not  intentional,  of  flammable  gases,  vapours,  mists  or
combustible dusts which may give rise to explosion hazards must be suitably diverted or removed to a
safe  place  or,  if  that  is  not  practicable,  safely  contained  or  rendered  safe  by  some  other  suitable
method.

2.2. Prevention  of  ignition  hazards  in  accordance  with  Article  3  must  also  take  account  of  electrostatic
discharges,  where  workers  or  the  working  environment  act  as  charge  carrier  or  charge  producer.
Workers must be provided with appropriate working clothes consisting of materials which do not give
rise  to  electrostatic  discharges  that  can  ignite  explosive  atmospheres.

2.3. Plant equipment, protective systems and any associated connecting devices must only be brought into
service  if  the  explosion  protection  document  indicates  that  they  can  be  safely  used  in  an  explosive
atmosphere.  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  if  their
incorporation into an installation can in itself give rise to an ignition hazard. Necessary measures must
be  taken  to  prevent  confusion  between  connecting  devices.

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2.4. All  necessary  measures  must  be  taken  to  ensure  that  the  workplace,  work  equipment  and  any
associated  connecting  device  made  available  to  workers  have  been  designed,  constructed,  assembled
and installed, and are maintained and operated, in such a way as to minimise the risks of an explosion
and, if an explosion does occur, to control or minimise its propagation within that workplace and/or
work  equipment.  For  such  workplaces  appropriate  measures  must  be  taken  to  minimise  the  risks  to
workers  from  the  physical  effects  of  an  explosion.

2.5. Where  necessary,  workers  must  be  given  optical  and/or  acoustic  warnings  and  withdrawn  before  the

explosion  conditions  are  reached.

2.6. Where  required  by  the  explosion  protection  document,  escape  facilities  must  be  provided  and
maintained to ensure that, in the event of danger, workers can leave endangered places promptly and
safely.

2.7. Before  a  workplace,  containing  places  where  explosive  atmospheres  may  occur,  is  used  for  the  first
time,  its  overall  explosion  safety  must  be  verified.  Any  conditions  necessary  for  ensuring  explosion
protection  must  be  maintained.

Such  verification  must  be  carried  out  by  persons  competent  in  the  field  of  explosion  protection  as  a
result  of  their  experience  and/or  professional  training.

B. CRITERIA  FOR  THE  SELECTION  OF  EQUIPMENT  AND  PROTECTIVE  SYSTEMS

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 must be selected on the basis of
the  categories  set  out  in  Directive  94/9/EC.

In particular, the following categories of equipment must be used in the zones indicated, provided they are
suitable  for  gases,  vapours  or  mists  and/or  dusts  as  appropriate:

— In  zone  0  or  zone  20,  category  1  equipment,

— in  zone  1  or  zone  21,  category  1  or  2  equipment,

— in  zone  2  or  zone  22,  category  1,  2  or  3  equipment.

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ANNEX  III

Warning  sign  for  places  where  explosive  atmospheres  may  occur,  pursuant  to  Article  6(3)

Place  where  explosive  atmospheres  may  occur

Distinctive  features:

— triangular shape,

— black letters on a yellow background with black edging (the yellow part to take up at least 50 % of the

area  of  the  sign).

Member  States  may  add  other  explanatory  data  if  they  wish.

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  18  September  1995,  the  Commission  forwarded  to  the  Council  a  proposal  for  a
Directive  on  minimum  requirements  for  improving  the  safety  and  health  protection  of
workers potentially at risk from explosive atmospheres, based on Article 118a of the EC
Treaty.

The  European  Parliament  and  the  Economic  and  Social  Committee  delivered  their
opinions  on  20  June  1996  and  28/29  February  1996  respectively.

Following  the  European  Parliament’s  opinion,  the  Commission  submitted  an  amended
proposal  on  11  April  1997.

2. On  22  December  1998,  the  Council  adopted  its  common  position  pursuant  to

Article  189c  of  the  Treaty.

II. OBJECTIVE

The draft Directive, which is an individual Directive within the meaning of Article 16(1) of
Directive  89/391/EEC (1),  is  designed  to  complement  that  Directive.

It  aims  to  extend  explosion  protection  to  all  industrial  sectors  in  accordance  with  the
principles already established for the mineral-extraction sector by Directives 92/91/EEC and
92/104/EEC.  Furthermore,  it  represents  a  complement  to  Directive  94/9/EC  concerning
equipment  and  protective  systems  intended  for  use  in  potentially  explosive  atmospheres.

The  Directive  aims  to  establish  and  to  harmonise  minimum  standards  for  improving  the
safety  and  health  of  workers  who  may  be  endangered  by  potentially  explosive
atmospheres.

To  this  end,  the  Directive  provides  for:

— specific  minimum  standards  for  improving  the  safety  and  health  of  workers,

— a classification by zones of places where explosive atmospheres may occur; this zoning is
the  basis,  inter  alia,  for  protective  measures  and  for  the  selection  of  equipment  in
accordance  with  Directive  94/9/EC,

— a  warning  sign  to  identify  places  where  explosive  atmospheres  may  occur.

III. ANALYSIS  OF  THE  COMMON  POSITION

1. General  remarks

Work on the proposal was suspended in March 1996 and only resumed in July 1998 on the
basis  of  a  compromise  text  put  forward  by  the  Austrian  Presidency.  This  text  maintained
the  basic  approach  of  the  Commission’s  amended  proposal.

(1) Directive  89/391/EEC  of  12  June  1989  on  the  introduction  of  measures  to  encourage  improvements  in

the  safety  and  health  of  workers  at  work  (OJ  L  183,  29.6.1989,  p.  1).

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The  following  considerations  underlay  this  revised  text,  upon  which  the  Council’s
common  position  is  based:

— the  elimination  of  the  duplication  of  provisions  already  contained  in  Directive

89/391/EEC  (hereafter,  the  framework  Directive).

Attention  is  in  particular  drawn  to  the  fact  that  provisions  in  respect  of  worker
information,  the  consultation  and  participation  of  workers  and  the  training  of
workers  are  to  be  found  in  Articles  10,  11  and  12  of  the  framework  Directive,  and
that  provisions  in  respect  of  competent  persons  are  to  be  found  in  Article  6  of  that
Directive,

— the  inclusion  in  the  text  only  of  legally  binding  provisions,  since  non-binding
elements (originally included in Annexes IV and V of the Commission’s proposal) do
not  have  their  place  in  a  legislative  text,

— the  avoidance  of  excessively  detailed  explanations,  as  originally  contained  in  the

annexes.

Furthermore,  significant  provisions  in  respect  of  the  investigation  and  assessment  of
explosion  risks  and  of  the  explosion  protection  document  have  been  given  greater
prominence  through  being  included  in  the  text  of  the  Articles.

The  need  to  clarify  the  text  resulted  in  changes  to  the  numbering  of  many  of  the
provision;  a  table  of  correspondence  between  the  Articles  and  Annexes  of  the  common
position and those of the original proposal and of the amended proposal is annexed. It
will  be  noted  that  certain  elements  of  the  former  Article  4  are  now  to  be  found  in
Annex  II,  Part  A.

The  resulting  structure  is  as  follows:

Section  I:  General  provisions  (Articles  1  and  2)

These include the objectives and scope of the Directive and the definition of potentially
explosive  atmospheres.

Section  II:  Employers’  obligations  (Articles  3  to  8)

These  cover  a  series  of  provisions  regarding  measures  for  avoiding  and  providing
protection  against  explosions,  including  the  investigation  and  assessment  of  explosion
risks, provisions in respect of coordination and places where explosive atmospheres may
occur, the explosion protection document and special requirements for work equipment
and  work  places.

Section  III:  Miscellaneous  provisions  (Articles  9  to  12)

Procedural  and  final  provisions.

Annexes

These  include  the  zoning  of  places  where  explosive  atmospheres  may  occur  (Annex  I),
minimum  requirements  for  improving  the  safety  and  health  protection  of  workers
(Annex  II,  Part  A),  criteria  for  the  selection  of  equipment  and  protective  systems
(Annex  II,  Part  B)  and  a  warning  sign  for  places  where  explosive  atmospheres  may
occur  (Annex  III).

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2. Analysis  of  the  Articles

— Article  1  (Subject  of  the  Directive)

The  wording  of  Article  1  largely  corresponds  to  that  of  the  Commission’s  amended
proposal.

— Article  2  (Definition)

The  definition  of  an  explosive  atmosphere  corresponds  both  to  Article  2  of  the
amended  proposal  and  to  the  definition  found  in  Article  1(3)  of  Directive
94/9/EC.

— Article  3  (Prevention  of  and  protection  against  explosions)

An  order  of  priority  in  respect  of  the  principles  underlying  safety  and  health
protection measures is introduced, whereby the ranking of the principles reflects the
approach of Article 6(6) of Directive 98/24/EC, according to which account is taken
of the nature of the operation in determining the appropriateness of the measures to
be  taken.  The  principles  of  prevention  of  formation,  avoidance  of  ignition  and
mitigation  of  the  effects  corresponds  to  Article  3  of  the  Commission’s  amended
proposal (see amendment 2 of the European Parliament). However, the third indent
has  been  modified  relative  to  the  text  of  the  Commission’s  proposal  since,  in
practice, it is not possible to eliminate all risks to workers, but only to reduce them
in  such  a  way  that  the  workers’  health  and  safety  are  safeguarded.

The  final  subparagraph  of  this  article  concerning  combining  or  supplementing  the
measures  corresponds  to  Article  4(2),  second  indent,  of  the  amended  proposal.  The
provision concerning the regular review of the health and safety measures was taken
from  Annex  II,  Part  A,  Point  1.3  of  the  Commission’s  amended  proposal,  and
further  amended  to  make  clear  that,  in  any  event,  a  review  must  be  undertaken
following  significant  changes.

— Article  4  (Assessment  of  explosion  risks)

The  content  of  paragraph  1  of  this  Article  corresponds  to  Annex  II,  Part  A,  Points
2.1  and  2.3  of  the  Commission’s  amended  proposal.  Paragraph  2  corresponds  to
Annex  II,  Part  A,  Point  2.4  of  the  amended  proposal.

Since  the  minimum  standards  for  the  investigation  and  assessment  of  the  explosion
risks  are  a  key  point  of  the  Directive,  these  provisions  were  moved  from  Annex  II,
Part  A  into  the  text  of  the  Articles.

— Article  5  (Duty  of  coordination)

The  content  of  this  Article  corresponds  to  Article  4(4)  of  the  amended  proposal.

— Article  6  (Places  where  explosive  atmospheres  may  occur)

Paragraph  1  regarding  the  classification  of  places  into  zones  corresponds  to
Article  5(1)  of  the  amended  proposal.

The  content  of  paragraph  2  corresponds  to  Article  5(2)  of  the  amended  proposal,
paragraph  3  in  respect  of  the  signage  of  certain  areas  corresponding  to  Article  5(3)
of  the  amended  proposal.

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— Article  7  (Explosion  protection  document)

The wording of the first, second and third subparagraphs is taken from Article 4(3)
of the Commission’s amended proposal, thus taking account of amendment 4 of the
European  Parliament.  In  the  second  subparagraph,  the  second  and  third  indents  of
the  amended  proposal  were  deleted  as  they  were  considered  to  duplicate  the
provisions  of  Directives  89/654/EEC  and  89/655/EEC.  The  third  indent  provides
logically  for  the  inclusion  in  the  explosion  protection  document  of  the  areas  that
have  been  classified  into  zones.  The  fourth  indent  of  the  text  corresponds  to
Article  5(1),  first  subparagraph  of  the  amended  proposal.

The final subparagraph regarding the combination of existing equivalent reports was
taken  up  by  way  of  clarification  of  recital  (10)  in  the  Commission’s  amended
proposal.  In  so  doing,  account  was  taken  of  that  part  of  amendment  4  of  the
European  Parliament  which  was  not  already  recovered  by  the  first  subparagraph  of
this article.

— Article  8  (Special  requirements  for  work  equipment  and  workplaces)

This article corresponds in large part to Article 9 of the amended proposal (see also
amendment  7  of  the  European  Parliament).  Since  Article  10  provides  for  the
alignment  of  the  date  of  transposition  of  the  Directive  on  that  of  Directive  94/9/EC
(30  June  2003),  the  provisions  of  the  different  paragraphs  of  this  article  were
adjusted accordingly.

— Article  9  (Adjustments  to  the  Annexes)

The  wording  of  this  Article  corresponds  to  that  of  Article  10  of  the  amended
proposal.

— Article  10  (Final  provisions)

This Article replaces Article 13 of the amended proposal and, consequently, does not
follow amendment 9 of the European Parliament. A transposition period expiring on
30 June 2003 is allowed for, since Article 15(2) of Directive 94/9/EC provides for a
transitional period expiring on the same date for the making available and bringing
into use of equipment and protective systems which, at the time of adoption of that
Directive,  came  within  the  scope  of  its  provisions.

— Articles  11  and  12

Standard  provisions.

— Annex  I  (Classification  of  places)

— P r e l i m i n a r y   n o t e

Corresponds,  subject  to  the  adaptation  of  the  references,  to  the  text  of  the
amended  proposal.

— S e c t i o n   1   (Places  where  explosive  atmospheres  may  occur)

Corresponds  to  Section  2  of  the  amended  proposal.

— S e c t i o n   2   (Classification  of  hazardous  places)

Corresponds  to  Section  3  of  the  amended  proposal  (see  also  amendment  11  of
the  European  Parliament).

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— Annex  II,  Part  A  (Minimum  requirements  for  improving  safety  and  health

protection)

— P r e l i m i n a r y   n o t e

In the interests of clarity, an explicit link is created with Annex I; otherwise, the
text  corresponds  to  that  of  the  amended  proposal.

— S e c t i o n   1   (Organisational  measures)

Point 1.1 originally covered competent workers, a point which it was considered
was adequately covered in the framework Directive. It was consequently replaced
by a reference to the specific need for adequate training with regard to explosion
protection.

Subject  to  clarifying  the  link  with  the  explosion  protection  document,  the
wording  of  Point  1.2  reflects  that  of  the  Commission’s  amended  proposal.

— S e c t i o n   2   (Explosion  protection  measures)

Section  2  of  the  text  corresponds  to  Section  4  of  the  Commission’s  amended
proposal;  in  line  with  the  principle  of  avoiding  excessively  detailed  provisions,
the  text  has  been  tightened  up  whilst  maintaining  the  key  explosion  protection
elements.  It  is  envisaged  that  more  detailed  recommendations  will  be  the  subject
of  forthcoming  Commission  guidelines.  Point  2.2  in  respect  of  appropriate
working  clothes  corresponds  to  Article  4(1),  fourth  indent,  of  the  amended
proposal,  Point  2.6  in  respect  of  escape  facilities  corresponding  to  the  previous
Article  4(2),  third  indent. Point 2.7 regarding safety verification (see Points 4.14
and  4.15  of  the  amended  proposal)  reflects  the  essence  of  amendment  13  of  the
European Parliament.

— Annex  II,  Part  B  (Criteria  for  the  selection  of  equipment  and  protective  systems)

As  in  Annex  II,  Part  B  of  the  Commission’s  amended  proposal,  the  categories  of
equipment and protective systems to be used in the different zones are identified by
reference  to  the  classification  established  by  Directive  94/9/EC.  In  the  interests  of
clarity of presentation, it was considered inappropriate to repeat the categories in the
present  text.

— Annex  III  (Warning  Sign)

Since  the  warning  sign  contained  in  the  Commission’s  proposal,  ‘Ex’  in  Greek
letters, was already used to identify certain equipment and protective systems in the
context  of  Directive  94/9/EC,  it  was  decided  to  substitute  Latin  letters.  It  was
considered that Member States should be allowed to add other explanatory elements
if  they  so  wish.

3. Preamble

By  comparison  with  the  Commission’s  amended  proposal,  a  number  of  recitals  have
been  deleted.  Account  has  been  taken  of  amendment  1  of  the  European  Parliament
concerning  the  eleventh  recital  in  the  Commission’s  original  proposal.

Furthermore,  the  preamble  has  been  adapted  to  reflect  the  changes  introduced  into  the
text  relative  to  the  text  of  the  amended  proposal.

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4. Other  amendments  proposed  by  the  European  Parliament

Amendment  3

This  amendment  was  only  partly  taken  up  by  the  Commission.  The  amendment  is  not
taken into account in the common position as it was the Council’s view that it provided
no  added  value  in  relation  to  Point  1  of  Annex  II,  Part  A,  and  Article  6  of  the
framework  Directive.

Amendment  5

This  amendment  was  not  taken  up  by  the  Commission  in  its  amended  proposal.

Amendment  6

This  amendment  was  not  taken  up  by  the  Commission  in  its  amended  proposal,  as
Article 8 (previously Article 9) covers requirements in respect both of workplaces and of
work  equipment.

Amendment  8

This amendment was only partly taken up by the Commission in its amended proposal.
However,  the  Council  decided  to  delete  the  corresponding  provision  in  respect  of  a
Vade-mecum  since  it  was  considered  that  non-binding  guidelines  did  not  have  their
proper  place  in  a  legislative  text (1).

Amendment  10

This  amendment  was  not  taken  up  by  the  Commission  in  its  amended  proposal.

Amendment  12

This  amendment  was  not  taken  up  by  the  Commission  in  its  amended  proposal.

Amendment  14

This amendment (Article 12 of the amended proposal) was not taken up by the Council
as it was considered self-evident that the Member States would adequately publicise new
domestic  legislation  adopted  on  the  basis  of  the  Directive.

IV. CONCLUSION

It  is  the  Council’s  view  that  the  text  of  the  common  position,  although  differing  in  its
structure from that of the Commission’s amended proposal, fulfils the fundamental aims of
the proposal. Furthermore, the text has been simplified without sacrificing essential content
and,  at  the  same  time,  the  duplication  of  provisions  which  are  already  to  be  found  in
Directive  89/391/EEC  has  been  avoided.

(1) Nevertheless,  the  Commission  has  undertaken,  on  the  basis  of  an  invitation  from  the  Council,  to  draw
up  a  Vade-mecum,  subject  to  available  resources  and  the  priorities  established  by  its  own  work
programme.

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ANNEX

TABLE  OF  CORRESPONDENCE

Common  position

Original  Commission  proposal

Amended  Commission  proposal

Article  1

Article  2

idem

idem

Article  3,  first  subparagraph

idem

idem

idem

idem

Article  3,  second  subparagraph

Article  4(2),  second  indent  and
Annex  II,  Part  A,  Point  1.3

Article  4(2),  second  indent  and
Annex  II,  Part  A,  Point  1.3

Article  4(1)

Article  4(2)

Article  5

Article  6(1)

Article  6(2)

(deleted)

Annex  II,  Part  A,  Points  2.1  and
2.3

Annex  II,  Part  A,  Points  2.1  and
2.3

Annex  II,  Part  A,  Point  2.4

Annex  II,  Part  A,  Point  2.4

Article  4(4)

Article  4(4)

Article  5(1),  second
subparagraph

Article  5(1),  second
subparagraph

Article  5(2),  first  subparagraph

Article  5(2),  first  subparagraph

Article  5(2),  second
subparagraph

Article  5(2),  second
subparagraph

Article  6(3)

Article  5(3)

Article  5(3)

(deleted)

(deleted)

(deleted)

Article  7

Article  6

Article  7

Article  8

Article  6

Article  7

Article  8

Article  4(3)

Article  4(3)

Article  7,  second  subparagraph,
fourth  indent

Article  5(1),  first  subparagraph

Article  5(1),  first  subparagraph

Article  7,  fourth  subparagraph

Recital  (12)

Recital  (10)

Article  8

Article  9

(deleted)

(deleted)

Article  10

Article  11

Article  12

Article  9

Article  10

Article  11

—

Article  12

—

Article  13

Article  9

Article  10

Article  11

Article  12

Article  13

—

Article  14

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Common  position

Original  Commission  proposal

Amended  Commission  proposal

Annex  I

Preliminary note

Section  1

Section  2

Annex  II,  Part  A

Point  1.1

Point  1.2

idem

Section  1

Section  2

Section  3

idem

idem

idem

Article  3,  last  subparagraph

Point  1.3

Article  4

(deleted)

Article  4

Article  4(2)

(deleted)

(deleted)

Point  2.2

(deleted)

Point  2.3

Point  2.4

(deleted)

(deleted)

Point  2.5

Point  2.6

(deleted)

Point  2.1

(deleted)

(deleted)

(deleted)

(deleted)

Point  2.7

Point  2.7

Annex  II,  Part  B

Annex  III

(deleted)

(deleted)

Point  2.1

Point  2.2

Point  2.3

Point  2.4

Point  3

Point  4.1

Point  4.2

Point  4.3

—

Point  4.4

Point  4.5

Point  4.6

Point  4.7

—

Point  4.8

Point  4.9

Point  4.10

Point  4.11

Point  4.12

Point  4.13

Point  4.14

Point  4.15

idem

idem

Annex  IV

Annex  V

idem

Section  1

Section  2

Section  3

idem

idem

idem

Point  1.3

Point  2.1

Point  2.2

Point  2.3

Point  2.4

Point  3

Point  4.1

Point  4.2

Point  4.3

—

Point  4.4

Point  4.5

Point  4.6

Point  4.7

—

Point  4.8

Point  4.9

Point  4.10

Point  4.11

Point  4.12

Point  4.13

Point  4.14

Point  4.15

idem

idem

Annex  IV

Annex  V