Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Date: 1999-12-16
Institutions: Council of the European Union, European Parliament
Subjects: environmental risk prevention, explosive, mining extraction, occupational health, safety standard

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DIRECTIVE 1999/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 December 1999
on minimum requirements for improving the safety and health protection of workers potentially at
risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of
Directive 89/391/EEC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 137 thereof,

from the Commission (1),
Having regard to the proposal
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,

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

After consulting the Committee of the Regions,

Acting in accordance with the procedure referred to in Article
251 of the Treaty, in the light of the joint text approved by the
Conciliation Committee on 21 October 1999 (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 137 of the Treaty provides that the Council may
adopt, by means of Directives, minimum requirements
for
in the
improvements,
working environment, to guarantee a better level of
protection of the health and safety of workers;

encouraging

especially

Under the terms of that Article, those Directives are to
avoid imposing administrative,
and legal
constraints in a way which would hold back the creation
and development of small and medium-sized undertak-
ings;

financial

The improvement of occupational safety, hygiene and
health is an objective which should not be subordinated
to purely economic considerations;

Compliance with the minimum requirements
for
improving the safety and health protection of workers
potentially at risk from explosive atmospheres is essen-
if workers' safety and health protection is to be
tial
ensured;

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 of meas-
ures to encourage improvements in the safety and health

(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 20 June 1996 (OJ C 198,
8.7.1996, p. 160)
confirmed on 4 May 1999 (OJ C 279,
1.10.1999, p 55), Council Common Position of 22 December 1998
(OJ C 55, 25.2.1999, p. 45), Decision of the European Parliament
of 6 May 1999 (OJ C 279, 1.10.1999, p. 386). Decision of the
European Parliament of 2 December 1999 and Council Decision of
6 December 1999.

(6)

(7)

(8)

(9)

of workers at work (4); therefore, the provisions of the
in particular those relating to worker
said Directive,
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;

This Directive constitutes a practical step towards the
achievement of
the internal
market;

the social dimension of

Directive 94/9/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 intended for use in potentially explo-
sive atmospheres (5) states that it is intended to prepare
an additional Directive based on Article 137 of the
Treaty covering, in particular, explosion hazards which
derive from a given use and/or types and methods of
installation of equipment;

importance to
Explosion protection is of particular
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;

The establishment of a coherent strategy for the preven-
tion of explosions requires that organisational measures
complement the technical measures taken at the work-
place; Directive 89/391/EEC requires the employer to be
in possession of an assessment of the risks to workers'
health and safety at work; this requirement is to be
regarded as being specified by this Directive in that it
provides that the employer is to draw up an explosion
protection document, or set of documents, which satis-
fies
laid down in this
Directive and is to keep it up to date; the 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 risk from explosive atmospheres, in
accordance with Article 9 of Directive 89/391/EEC; the
the
explosion protection document may be part of
assessment of the risks to health and safety at work
required by Article 9 of Directive 89/391/EEC;

the minimum requirements

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

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(10) An assessment of explosion risks may be required under
other Community acts; whereas,
to avoid
unnecessary duplication of work, the employer should
be allowed,
to
combine documents, parts of documents or other
equivalent reports produced under other Community
acts to form a single ‘safety report’;

in accordance with national practice,

in order

(11)

(12)

(13)

(14)

The prevention of the formation of explosive atmos-
pheres also includes the application of the substitution
principle;

Coordination should take place when workers from
several undertakings are present at the same workplace;

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

the provision of

Council Directive 92/58/EEC of 24 June 1992 on the
minimum requirements
safety
for
and/or health signs at work (ninth individual Directive
within the meaning of Article 16(1) of Directive 89/
in particular to places
391/EEC) (1) is fully applicable,
immediately contiguous
to hazardous areas, where
smoking, crosscutting, welding and other activities intro-
ducing flames or sparks may interact with the hazardous
area;

(15) Directive 94/9/EC divides the equipment and protective
systems which it covers into equipment groups and
categories; this 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,

HAVE ADOPTED THIS DIRECTIVE:

SECTION I

GENERAL PROVISIONS

Article 1

Object and scope

1.
This Directive, which is the 15th individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC,
lays down minimum requirements for the safety and health

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

protection of workers potentially at risk from explosive atmos-
pheres 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);

(e) the use of means of transport by land, water and air, to
which the pertinent provisions of the international agree-
ments (e.g. ADNR, ADR,
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.

ICAO,

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

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

SECTION II

OBLIGATIONS OF THE EMPLOYER

Article 3

Prevention of and protection against explosions

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 organisa-
tional measures appropriate to the nature of the operation, in
order of priority and in accordance with the following basic
principles:
— the prevention of the formation of explosive atmospheres,
or where the nature of the activity does not allow that,
— the avoidance of the ignition of explosive atmospheres, and
— the mitigation of the detrimental effects of an explosion so

as to ensure the health and safety of workers.

These measures shall where necessary be combined and/or
supplemented with measures against the propagation of explo-
sions and shall be reviewed regularly and, in any event, when-
ever significant changes occur.

(2) OJ L 196, 26.7.1990, p. 15. Directive as amended by Directive 93/

68/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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Article 4

to in Article 8, the aim of that coordination and the measures
and procedures for implementing it.

Assessment of explosion risks

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

— the likelihood that explosive atmospheres will occur and

their persistence,

— the likelihood that ignition sources, including electrostatic
discharges, will be present and become active and effective,

— the installations, substances used, processes, and their

possible interactions,

— the scale of the anticipated effects.

Explosion risks shall be assessed overall.

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

General obligations

To ensure the safety and health of workers, and in accordance
with the basic principles of risk assessment and those laid
down in Article 3, the employer shall take the necessary meas-
ures so that:

— where explosive atmospheres may arise in such quantities
as to endanger the health and safety of workers or others,
the working environment
such that work can be
is
performed safely,

— in working environments where explosive atmospheres
may arise in such quantities as to endanger the safety and
health of workers, appropriate supervision during the pres-
ence of workers is ensured in accordance with the risk
assessment by the use of appropriate technical means.

Article 6

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
the
employer responsible for the workplace in accordance with
national law and/or practice shall coordinate the implementa-
tion of all the measures concerning workers' health and safety
and shall state, in the explosion protection document referred

in Directive 89/391/EEC,

Article 7

Places where explosive atmospheres may occur

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

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

3. Where necessary, places 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 accordance with Annex III.

Article 8

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
particular:
— that the explosion risks have been determined and assessed,
— that adequate measures will be taken to attain the aims of

shall demonstrate in

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,

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

— that in accordance with Council Directive 89/655/EEC (1),
arrangements have been made for the safe use of work
equipment.

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

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

Article 9

Special requirements for work equipment and workplaces

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.

(1) OJ L 393, 30.12.1989, p. 13. Directive as amended by Directive

95/63/EC (OJ L 335, 30.12.1995, p. 28).

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

3. Workplaces which contain places where explosive atmos-
pheres 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 10

Adjustments to the annexes

Purely technical adjustments to the annexes made necessary by:
— the adoption of Directives on technical harmonisation and
standardisation in the field of explosion protection, and/or
— 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

Guide of good practice

mentioned guide in drawing up their national policies for the
protection of the health and safety of workers

Article 12

Information to undertakings

Member States shall, on request, endeavour to make relevant
information available to employers in accordance with Article
11, with particular reference to the guide of good practice

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 30 June 2003. They shall forthwith
inform the Commission thereof.

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.

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

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.

Article 14

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

The Commission shall draw up practical guidelines in a guide
of good practice of a non-binding nature. This guide shall
address the topics referred to in Articles 3, 4, 5, 6, 7 and 8,
Annex I and Annex II, Part A.

The Commission shall first consult the Advisory Committee on
Safety, Hygiene and Health Protection at Work in accordance
with Council Decision 74/325/EEC (1).

In the context of the application of this Directive, Member
States shall take the greatest possible account of the above-

This Directive is addressed to the Member States.

Article 15

Done at Brussels, 16 December 1999.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

K. KEMILÄ

(1) OJ L 185, 9.7.1974, p. 15. Decision as last amended by the 1994

Act of Accession.

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CLASSIFICATION OF PLACES WHERE EXPLOSIVE ATMOSPHERES MAY OCCUR

ANNEX I

Preliminary note

The following system of classification must be applied to places where precautions in accordance with Articles 3, 4, 7 and
8 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 safey 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 of 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 or 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 combustable dust in air is present continously, 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.

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 POTEN-

TIALLY 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. 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 risk.

2.3. 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.

2.4. 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.

2.5. 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.

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

conditions are reached.

2.7. 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.

2.8. 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.

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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.

2.9. Where the risk assessment shows it is necessary:

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

— 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 workers competent to do so may take such action,

— on operation of the emergency shutdown, accumulated energy must be dissipated as quickly and as safely as

possible or isolated so that it no longer constitutes a hazard.

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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Warning sign for places where explosive atmospheres may occur, pursuant to Article 7(3):

ANNEX III

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.