CELEX: 51997PC0123
Language: en
Date: 1997-04-11
Title: Amended proposal for a COUNCIL DIRECTIVE ON MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION OF WORKERS POTENTIALLY AT RISK FROM EXPLOSIVE ATMOSPHERES

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)
 ---pagebreak---  ---pagebreak---                                        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)       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 ;
 b)       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 ;
c)        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-
 ---pagebreak---           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-
 ---pagebreak---                             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
 ---pagebreak---             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,
 Having regard to the Commission proposal1 unchanged
 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 unchanged
 Social Committee3,
Whereas Article 118a of the Treaty provides that unchanged
the Council shall adopt, by means of directives,
minimum requirements designed to encourage
improvements, especially          in the working
environment, as regards the health and safety of
workers;
Whereas, under the terms of that Article, those unchanged
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;
Whereas the improvement of occupational safety, unchanged
hygiene and health is an objective which should not
be       subordinated    to     purely    economic
considerations;
1   OJNoC       p.
2   OJNoC      ,p.
3   OJ No C   , p.
                                                                             Page - 1 c
 ---pagebreak---             Original Commission Proposal                        Modified Proposal
   Whereas compliance with the              minimum unchanged
   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;
  Whereas this Directive is an individual directive unchanged
  within the meaning of Article 16 (1) of Council
  Directive 89/391/EEC of 12 June 1989 on the
  introduction         of measures to      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;
 Whereas this Directive constitutes a practical step unchanged
 towards the achievement of the social dimension of
 the internal market;
Whereas the recitals to Parliament and Council        Whereas Directive 94/9/EC of 23 March 1994 of
Directive 94/9/EC on the approximation of the         European Parliament and Council on the
laws of the Member States concerning equipment        approximation of the laws of the Member States
and protective systems intended for use in            concerning equipment and protective systems
potentially explosive atmospheres state that it is    intended for use in potentially explosive
intended to prepare an additional directive based     atmospheres5 states that it is intended to prepare
on Article 118a covering, in particular, explosion    an additional directive based on Article liSa
hazards which derivefroma given use and/or types      covering, in particular, explosion hazards which
and methods of installation of equipment;             derive from a given use and/or types and methods
                                                      of installation of equipment;
Whereas explosion protection is of particular unchanged
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;
4    OJ No L 183, 29.6.1989, p. 1
                                                      5   OJ No L 100, 19.4.1994, p. 1
                                                                                                 - Page - 2
 ---pagebreak---            Original Commission Proposal                         Modified Proposal
  Whereas explosions are characterised by the deleted
  extreme rapidity with which they occur and the
  danger of propagation within 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;
 Whereas the large number of potential explosion deleted
 risks necessitates an overall assessment of places of
 work, in the context of which it becomes
 increasingly important, in line with technical
 development, to take account of logical (software)
 malfunctions in automatically controlled processes;
 Whereas the organisational aspects of explosion        Whereas the establishment of a coherent strategy
 protection must be adapted to the technical            for the prevention of explosions requires that
 problems occurring at places of work so that no        organisational measures complement the technical
 weaknesses arise in the explosion protection           measures taken at the workplace; whereas
 arrangements; whereas Directive 89/391/EEC            Directive 89/391/EEC requires the employer to be
 requires the employer to be in possession of an       in possession of an assessment of the risks to
 assessment of the risks to workers' safety and        workers' safety and health at work; whereas this
 health at work; whereas this requirement is to be     requirement is to be regarded as being specified by
 regarded as being amplified by the present            the present Directive in that it provides that the
Directive in that it provides that the employer shall  employer shall draw up an explosion protection
draw up an explosion protection document and           document or set of documents which satisfy the
keep it up to date; whereas this explosion             minimum requirements laid down in this Directive
protection document may be part of the assessment      and keep it up to date; whereas the explosion
of the risks to safety and health at work required     protection documents may be part of the
by Article 9 (l)a of Directive 89/391/EEC;             assessment of therisksto safety and health at work
whereas the explosion protection document must         required by Article 9 (l)a of Directive
contain the necessary measures for the safety and      89/391/EEC; whereas the explosion protection
health protection of workers potentially at risk       documents must contain the necessary measures
from explosive atmospheres;                            for the safety and health protection of workers
                                                       potentially atriskfromexplosive atmospheres;
                                                                                                 - Page - 3
 ---pagebreak---           Original Commission Proposal                           Modified Proposal
  Whereas an assessment of explosion risks may be        Whereas an assessment of explosion risks may be
  required under other Community legislation;             required under other Community acts, whereas, in
  whereas, in order to avoid unnecessary duplication      order to avoid unnecessary duplication of work,
  of work, the employer should be allowed, in            the employer should be allowed, in accordance
  accordance with national practice, to combine          with national practice, to combine documents,
  documents, parts of documents or other equivalent      parts of documents or other equivalent reports
  reports produced in response to other legislation to   produced under other Community acts to form a
  form a single "safety report";                         single "safety report";
 Whereas       preventive     measures      must be      Whereas preventive         measures     must be
 supplemented if necessary by additional measures        supplemented if necessary by additional measures
 which become effective when ignition has taken          which become effective when ignition has taken
 place; whereas maximum safety can be achieved           place; whereas maximum safety can be achieved by
 only by combining preventive and supplementary          combining preventive measures and other
 measures and taking account of operational              additional measures limiting the detrimental effects
 conditions and the necessary maintenance;               of explosions on workers;
 Whereas the prevention of explosive atmospheres deleted
 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        Whereas Directive 94/9/EC divides the equipment
restriction from 1 July 2003, divides the equipment     and protective systems which it covers into
and protective systems which it covers into             equipment groups and categories; whereas the
equipment groups and categories; whereas the            present Directive provides for a classification by
present Directive provides for a classification of      the employer of the places where explosive
the places where explosive atmospheres may occur        atmospheres may occur in terms of zones and
in terms of zones; whereas this classification is to    determines which equipment and protective
be carried out by the employer and relates to the       systems groups and categories should be used in
place of use;                                           each zone;
Whereas the requirements formulated in this deleted
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;
                                                                                                    - Page - 4
 ---pagebreak---            Original Commission Proposal                  Modified Proposal
  Whereas the scope of this Directive does not deleted
  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;
  Whereas the scope of this Directive does not deleted
  include the normal use of appliances burning
  gaseous        fuels,         since Council  Directive
                  5
  90/396/EEC           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 deleted
 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;
Whereas the scope of this Directive does not deleted
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 deleted
encompass the use of means of transport, including
sea-going vessels, on which the pertinent
provisions of the international agreements (ADR,
IMO, etc.) apply, since these already ensure
protection of workers,
5   OJ No L 196, 26.7.1990, p. 15
                                                                           Page - 5
 ---pagebreak---           Original Commission Proposal                           Modified Proposal
  HAS ADOPTED THIS DIRECTIVE:                           unchanged
  SECTION I
  GENERAL PROVISIONS
 Article 1
 Subject
 (1)      This Directive, which is the ... individual unchanged
 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.
 (2)      This Directive does not apply to             unchanged
a)       medical facilities used directly for the
         treatment of patients;
b)       normal use of appliances burning gaseous b)          use of appliances burning gaseous fuels in
         fuels as defined in Directive 90/396/EEC;            compliance with Directive 90/396/EEC6;
c)       manufacture, handling,         storage and unchanged
        transport of explosives        or chemically
         unstable substances.
d)       establishments of the mineral-extracting d)            mineral-extracting industries covered by
         industries covered by Directive 92/91/EEC             Directive 92/91/EEC7 or Directive
        or Directive 92/104/EEC;                               92/104/EEC8;
e)      use of means of transport, including sea- e)           use of means of transport, including sea-
        going vessels, on which the pertinent                  going vessels, on which the pertinent
        provisions of the international agreements             provisions of the international agreements
        (ADR, IMO, etc.) apply.                                (ADR, IMO) apply.
(3)      The provisions of Directive 89/391/EEC unchanged
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.
                                                      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
 ---pagebreak---          Original Commission Proposal                        Modified Proposal
 Article 2
 Definition
 For the purposes of this Directive, an explosive unchanged
 atmosphere shall be a mixture with air, under
 atmospheric conditions, offlammablesubstances in
 the form of gases, vapours, mists or dusts in
 which, after ignition has occurred, combustion
 spreads to the entire unburned mixture.
 SECTION n
 OBLIGATIONS OF THE EMPLOYER
Article 3                                            Article 3
Principles for the prevention of and protection Principles for the prevention of and protection
against explosions                                  against explosions
With a view to preventing and providing             With a view to preventing, within the meaning of
protection against explosions, the employer shall   Article 6, paragraph 2 of Directive 89/391/EEC,
take technical and/or organisational measures       and providing protection against explosions, the
appropriate to the nature of the operation, in      employer shall take technical and/or organisational
accordance with the following basic principles, in  measures appropriate to the nature of the
order to:                                           operation, in accordance with the following basic
                                                    principles:
      prevent the       formation    of   explosive        the prevention of the formation of explosive
      atmospheres,                                         atmospheres,
      prevent     the    ignition   of    explosive        the avoidance of the ignition of explosive
      atmospheres,                                         atmospheres,
      reduce the effects of an explosion in such a         the reduction of the effects of an explosion in
      way that workers are not at risk.                    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, (1)      To ensure the safety and health of workers,
and in accordance with the basic principles laid    and in accordance with the basic principles laid
down in Article 3, the employer shall take the      down in Article 3, the employer shall take the
necessary measures so that:                         necessary measures so that:
                                                                                                  - Page - 7
 ---pagebreak---          Original Commission Proposal                         Modified Proposal
       where explosive atmospheres may arise in             where explosive atmospheres may arise in
       such quantities as to endanger the safety and         such quantities as to endanger the safety and
       health of workers, the working environment           health of workers, the working environment
       is such, given the appropriate measures, that        is such that workers can perform the work
       workers can perform the work assigned to             assigned to them without danger to their
      them without danger to their safety and               safety and health or to the safety and health
       health or to the safety and health of others,        of others,
 -    responsible supervision is ensured during the         appropriate supervision during the presence
      presence       of    workers      in    working       of workers shall be ensured, including the
      environments where explosive atmospheres              use of monitoring devices and modern
      may arise in such quantities as to endanger           technical means, in working environments
      the safety and health of workers,                     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 unchanged
      from explosive atmospheres is carried out
      only by competent persons or under their
      supervision,
     where necessary, workers wear only working            where explosive atmospheres may arise in
     clothes or personal protective equipment              such quantities as to endanger the health and
     suitable for use in places where explosive            safety of workers only appropriate working
     atmospheres may arise in such quantities as           clothes and/or personal protective equipment
     to endanger the safety and health of workers.         are worn by workers.
(2)     Without prejudice to Council Directives (2)           Without prejudice to Council Directives
89/654/EEC, 89/655/EEC and 92/57/EEC, the 89/654/EEC9, 89/655/EEC10 and 92/57/EEC11, the
employer shall ensure :                               employer shall ensure :
     in accordance with the principle of overall           in accordance with the principle of overall
     assessment of the place of work, that work            assessment of the workplace, that work
     equipment and all installation materials are          equipment and all installation materials are
     suitable for use in places where explosive            suitable for use in places where explosive
     atmospheres may arise and are so erected,             atmospheres may arise and are erected,
     installed and assembled that they do not give         installed and assembled so that they do not
     rise to an explosion risk;                            give rise to an explosion risk;
     that the measures required under Article 3            that the measures required under Article 3
     are combined or supplemented as necessary             are where necessary combined and where
     and that the necessary measures against the           necessary supplemented with measures
     propagation of explosions are taken;                  against the propagation of explosions;
                                                      9    OJ No L 393,30.12.1989, p. 1
                                                      10   OJ No L 393, 30.12.1989, p. 13
                                                      11   OJ No L 245,26.08.1992, p. 6
                                                                                                  - Page - 8
 ---pagebreak---            Original Commission Proposal                        Modified Proposal
        where necessary, that appropriate emergency          where necessary, that appropriate emergency
        routes are indicated and escape and rescue           routes are indicated and escape and rescue
        facilities are provided and maintained to            facilities are provided and maintained to
        ensure that workers can leave endangered             ensure that in the event of danger workers
        places promptly and safely in the event of           can leave endangered places promptly and
        danger.                                              safely.
 (3)      Following an appropriate health and safety   (3)     The employer shall ensure that a health and
 policy, the employer shall ensure that a health and   safety document for explosion protection
 safety plan for explosion protection measures,        measures, hereinafter referred to as the "explosion
 hereinafter referred to as the "explosion protection  protection document", which may be a document
 document", satisfying the pertinent requirements of   or set of documents, satisfying the pertinent
 Articles 6, 9 and 10 of Directive 89/391/EEC, is      requirements of Articles 6 and 9 of Directive
 drawn up and kept up to date.                         89/391/EEC, is drawn up and kept up to date
 The explosion protection            document   shall unchanged
 demonstrate in particular:
         that the explosion risks incurred by the unchanged
         workers have been determined and
         assessed;
         that adequate measures will be taken to unchanged
         attain the aims of this Directive;
         that the workplace and work equipment unchanged
         including warning devices are designed
         operated and maintained with due regard
         for safety;
         that, in accordance with Directive unchanged
         89/655/EEC, arrangements have been made
        for the safe use of work equipment.
The explosion protection document shall be drawn      The explosion protection document shall be drawn
up prior to the commencement of work and be           up prior to the commencement of work and be
revised if the working environment, in particular     revised when the workplace, work equipment or
the workplace, work equipment or organisation of      organisation of the work, undergoes significant
the work, has undergone significant changes,          changes, extensions or conversions.
extensions or conversions.
(4)      Where workers from several undertakings      (4)     Where workers from several undertakings
are present at the same workplace, each employer      are present at the same workplace, each employer
shall be responsible for all matters under his        shall be responsible for all matters coming under
control.                                              his control.
                                                                                                  - Page - 9
 ---pagebreak---           Original Commission Proposal                        Modified Proposal
  The employer responsible for the workplace in unchanged
  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.
 The coordination shall not affect the responsibility The coordination shall not affect the individual
 of the individual employers as provided for in responsibility of each employer as provided for in
 Directive 89/391/EEC.                                Directive 89/391/EEC.
 Article 5
 Places containing explosive atmospheres              Places where explosive atmospheres may occur
 (1)      The employer shall specify in the explosion unchanged
 protection document the places to which the
 minimum requirements laid down in Annex II
apply.
He shall classify places where explosive He shall classify places, where explosive
atmospheres may occur in accordance with atmospheres may occur, into zones in accordance
Annex!                                                with Annex I.
(2)      In respect of the places covered by (2)             The employer shall ensure that the
paragraph 1, the employer shall ensure compliance minimum requirements laid down in Annex II are
with the relevant provisions of the minimum applied to places covered by paragraph 1.
requirements for improving the safety and health
protection of workers potentially at risk from
explosive atmospheres as laid down in Annex II.
Annex IV provides guidance on the performance unchanged
of work in the various zones.
(3)      Where necessary, places where explosive unchanged
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.
                                                                                              - Page -10
 ---pagebreak---           Original Commission Proposal                    Modified Proposal
  Article 6
  Worker information
  Without prejudice to Article 10 of Directive unchanged
  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.
  Article 7
  Consultation and participation of workers
  Consultation and participation of workers and/or unchanged
  of their representatives shall take place in
  accordance with Article 11 of Directive
  89/391/EEC on all matters covered by this
 Directive.
 Article 8
 Training of workers
 Without prejudice to Article 12 of Directive unchanged
 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.
Article 9
Special requirements for work equipment and
workplaces
(1)      Work equipment for use in places where unchanged
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.
                                                                            - Page -11
 ---pagebreak---            Original Commission Proposal                           Modified Proposal
  (2)      Work equipment for use in places where unchanged
  explosive atmospheres may occur which is made
  available in the undertaking or establishment for
  thefirsttime after 30 June 2003 shall comply with
  the minimum requirements laid down in Annex II
  AandB.
  (3)      Workplaces which contain places where unchanged
  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.
 (4)      Where work equipment and workplaces             (4)     Where workplaces which contain places
 which contain places where explosive atmospheres         where explosive atmospheres may occur are
 may occur are already in use before the entry into       already in use before the entry into force of this
 force of this Directive, they shall comply with its      Directive, they shall comply with its minimum
minimum requirements no later than three years            requirements no later than three years after its
after its entry into force.                               entry into force.
(5)       If, after this Directive enters into force, any unchanged
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     this    Directive's     minimum
requirements.
SECTION in
MISCELLANEOUS PROVISIONS
Article 10
Adjustments to the Annexes
Purely technical adjustments to the Annexes of this unchanged
Directive made necessary by
         the adoption of directives on technical
         harmonisation and standardisation in the
         field of explosion protection,
and/or
                                                                                                    - Page -12
 ---pagebreak---          Original Commission Proposal                          Modified 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                                            Article 11
 Vademecum                                             Vademecum
 A vademecum shall be drawn up in agreement with       A vademecum setting out guidelines for some
 the Council, describing some possible ways of         possible ways of complying with the minimum
 complying with the minimum requirements               requirements contained in this Directive shall be
 contained in this Directive. Modifications and        drawn up by the Commission in accordance with
 supplements to the vademecum shall be adopted in      the procedure laid down under Article 17 of
 accordance with the procedure laid down in Article    Directive     89/391/EEC,      modifications     and
 17 of Directive 89/391/EEC.                           supplements shall be subject to the same
                                                       procedure.
                                                       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                                           Article 13
Final provisions                                      Final provisions
(1)      Member States shall bring into force the     (1)     Member States shall bring into force the
laws, regulations and administrative provisions       laws, regulations and administrative provisions
necessary to comply with this Directive not later     necessary to comply with this Directive not later
than 31 December 1997. They shall forthwith           than 31 December 1999. They shall forthwith
inform the Commission thereof.                        inform the Commission thereof.
When Member States adopt these provisions, these unchanged
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.
                                                                                                   - Page -13
 ---pagebreak---         Original Commission Proposal                        Modified Proposal
(2)     Member States shall communicate to the unchanged
Commission the texts of the provisions of national
law which they have already adopted or adopt in
thefieldgoverned by this Directive.
(3)     Member States shall report to the unchanged
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 the European unchanged
Parliament, the Council, the Economic and Social
Committee and the Advisory Committee on Safety,
Hygiene and Health Protection at Work.
Article 13                                          Article 14
This Directive is addressed to the Member States.   unchanged
Done at Brussels,
For the Council
                                                                              -Page-14
 ---pagebreak---           Original Commission Proposal                          Modified Proposal
  ANNEX I                                              ANNEX I
  CLASSIFICATION OF PLACES WHERE unchanged
  EXPLOSIVE ATMOSPHERES MAY OCCUR
  1. Preliminary note                                   1. Preliminary note
  The following system of classification shall be The following system of classification shall be
 applied to places where, as a result of local and applied to places where precautions in accordance
 operational conditions, an explosive atmosphere with Articles 3 to 5 of this Directive shall be taken.
 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
 A place in which an explosive atmosphere may unchanged
 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.
 A place in which an explosive atmosphere is not       unchanged
 expected to occur in such quantities as to require
 special precautions shall be regarded as
 non-hazardous within the meaning of this
Directive.
Flammable substances shall be classified as           Flammable and/or combustible substances sh<u* be
materials which may form an explosive atmosphere      considered as materials which may form an
unless an investigation of their properties has       explosive atmosphere unless an investigation of
shown thaï in mixtures with air they are incapable    their properties has shown that in mixtures with air
of independently propagating an explosion.            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 Hazardous places shall be classified in terms of
zones on the basis of thefrequencyand duration of zones on the basis of thefrequencyand duration of
the occurrence of an explosive atmosphere and the the occurrence of an explosive atmosphere.
assessment of the anticipated effects.
The extent of the measures to be taken in The extent of the measures to be taken in
accordance with Annex II A is determined by this accordance with Annex II A is determined by this
classification. The guide criteria for performance of classification.
work in the various zones (Annex IV) provide
useful information which may be an aid to practical
application.
                                                                                                 - Page -15
 ---pagebreak---            Original Commission Proposal                             Modified Proposal
  ZoneO                                                    ZoneO
  A place in which an explosive atmosphere                  A place in which an explosive atmosphere
   consisting of a mixture with air of flammable            consisting of a mixture with air of flammable
   substances in the form of gas, vapour or mist is         substances in the form of gas, vapour or mist is
  present continuously or for long periods or               present continuously or for long periods or
  frequently.                                               frequently.
  Zone 1                                                   Zone 1
  A place in which an explosive atmosphere                 A place in which an explosive atmosphere
  consisting of a mixture with air of flammable            consisting of a mixture with air of flammable
  substances in the form of gas, vapour or mist is         substances in the form of gas, vapour or mist is
  likely to occur occasionally.                            likely to occur in normal operation occasionally.
 Zone 2                                                    Zone 2
 A place in which an explosive atmosphere                  A place in which an explosive atmosphere
 consisting of a mixture with air of flammable             consisting of a mixture with air of flammable
 substances in the form of gas, vapour or mist is not      substances in the form of gas, vapour or mist is not
 likely to occur or, if it does occur, will persist for a likely to occur in normal operation but, if it does
 short period only.                                       occur, will persist for a short period only.
Zone 20                                                   Zone 20
A place in which an explosive atmosphere in the           A place in which an explosive atmosphere in the
form of a cloud of combustible dust in air is             form of a cloud of combustible dust in air is
present continuously, for long periods or                 present continuously, or for long periods or
frequently and in which deposits of combustible           frequently.
dust of unknown or excessive thickness may be
formed. (Dust deposits alone are not grounds for
classification as Zone 20).
Zone 21                                                   Zone 21
A place in which an explosive atmosphere in the A place in which an explosive atmosphere in the
form of a cloud of combustible dust in air can form of a cloud of combustible dust in air is likely
occasionally occur and in which deposits or layers to occur in normal operation occasionally.
of combustible dust can generally be present.
                                                                                                       -Page-16
 ---pagebreak---          Original Commission Proposal                        Modified Proposal
Zone 22                                              Zone 22
A place in which an explosive atmosphere in the      A place in which an explosive atmosphere in the
form of a cloud of combustible dust in air is not   form of a cloud of combustible dust in air is not
likely to occur or in which accumulations or layers likely to occur in normal operation but, if it does
of combustible dust are present.                    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
                                                    installations are used within their design
                                                    parameters.
                                                                                                 -Page-17
 ---pagebreak---           Original Commission Proposal                         Modified Proposal
 ANNEX II                                              ANNEX II
 A.     MINIMUM          REQUIREMENTS            FOR   A.      MINIMUM         REQUIREMENTS           FOR
 IMPROVING THE SAFETY AND HEALTH                       IMPROVING THE SAFETY AND HEALTH
 PROTTECTION                  OF          WORKERS      PROTECTION OF WORKERS POTENTIALLY
 POTENTIALLY AT RISK FROM EXPLOSIVE                    AT RISK FROM EXPLOSIVE ATMOSPHERES
 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                 whenever required by the features of
          workplaces, workstations, the equipment      workplaces, workstations, the equipment or
          or substances used or the dangers caused     substances used or the dangers caused by the
          by the activity in question as a result of   activity related to the risks from explosive
          explosive atmospheres,                       atmospheres,
         to equipment in non-hazardous places unchanged
         which is required for, or helps to ensure,
         the safe operation of equipment located in
         hazardous places.
1.       Organisational measures
1.1      Competent workers
For any workplace, there shall be available a unchanged
sufficient number of workers with the requisite
skills, experience and training to perform the
explosion protection tasks assigned to them.
1.2      Written instructions and permits to work     1.2      Written instructions and permits to work
Where required by the explosion protection Work in places defined as hazardous in the
document                                              explosion protection document shall be performed
                                                      in accordance with written instructions to be
                                                      established by the employer.
         written instructions specifying the rules to A system of permits to work shall be established by
         be observed shall be issued for every        the employer for carrying out both hazardous
         workplace, taking into account the size of   activities and activities which may interact with
         the operation and nature of activities,      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
 ---pagebreak---           Original Commission Proposal                          Modified Proposal
  Permits to work shall be issued by a person with unchanged
  responsibility for this function prior to the
  commencement of work.
  1.3     Regular review of safety and health
 measures
 The employer shall ensure that the measures taken unchanged
 to protect the safety and health of the workers are
 reviewed regularly, at least once per year, to
 ensure compliance with this Directive.
 2.       Assessment of explosion risks
 2.1      Any assessment of explosion risks shall be unchanged
 based on
         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.
 2.2     Ignitability shall be assessed by taking into 2.2   Ignitability shall be assessed by taking into
 account, in particular,                                     account, in particular,
         the possible degree of dispersal of                 the degree of dispersion of flammable and/or
         flammable substances,                               combustible substances,
         the possible concentration of flammable             the concentration of flammable and/or
         substances in air within their explosion            combustible substances
        limits.
2.3     Explosionrisksshall be assessed overall.       2.3     Explosionrisksshall be assessed overall.
The following are of particular importance:            The following are of particular importance:
        installations,                                         installations,
        substances used,                                       substances used,
        processes,                                             processes,
        possible interaction, including interaction            and their possible interaction.
        with the working environment.
2.4     Working areas which are or can be              2.4     Places which are or can be connected via
connected via openings to places in which              openings to places in which explosive atmospheres
explosive atmospheres may occur shall be taken         may occur shall be taken into account in assessing
into account in assessing explosion risks.             explosion risks.
                                                                                                   -Page-19
 ---pagebreak---            Original Commission Proposal                         Modified Proposal
  3.       Planning principles                                  Planning of installations
  3.1      When planning new installations or the unchanged
  modification of existing ones, attention shall be
  paid, in particular, to
           normal operating conditions, including
           maintenance work,
           constructional factors,
          commissioning and decommissioning,
          malfunctions, foreseeable fault conditions,
          misuse which may reasonably be
          anticipated.
 It shall also be ascertained as part of this process It shall also be ascertained as part of this process
 whether                                               whether
          flammable substances can be replaced by              flammable and/or combustible substances
          others which cannot form explosive                   can be replaced by others which cannot
          mixtures,                                           form explosive mixtures,
          all types of connecting and coupling                all types of connections and couplings can
          devices can be avoided in places in which           be avoided in places in which explosive
         explosive atmospheres may occur.                     atmospheres may occur.
 3.2     If the explosion protection document 3.2             If hazards to workers are identified at the
indicates that hazards to workers or the working design stage, suitable provisions and protective
environment cannot be ruled out, suitable measures systems shall be planned to combat such hazards.
and protective systems shall be introduced to
combat such hazards.
3.3      If the likelihood of an ignition source      3.3     If the likelihood of an ignition source
becoming effective cannot be assessed, the ignition   becoming effective cannot be assessed, the ignition
source shall be regarded as being effective at all    source shall be regarded as being effective at all
times, and protective measures selected               times.
accordingly.
4.       Explosion protection measures
4.1      If an explosive atmosphere contains several  4.1     If an explosive atmosphere contains several
types offlammablegases, vapours, mists or dusts,      types of flammable and/or combustible gases,
protective measures shall be appropriate to the       vapours, mists or dusts, protective measures shall
greatest potential hazard.                            be appropriate to the greatest potential hazard.
4.2      Prevention of ignition hazards in unchanged
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.
                                                                                                    Page -20
 ---pagebreak---            Original Commission Proposal                        Modified Proposal
  4.3      Suitable precautions shall be taken to unchanged
  prevent propagation of explosions by dangerous
  chain reactions.
  4.4      Work equipment and associated connecting unchanged
  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 if their incorporation into an
 installation can in itself give rise to an ignition
 hazard. Suitable precautions shall be taken to
 prevent confusion between connecting devices.
 4.5      If the way in which portable appliances are  4.5    If portable appliances may be operated in
 used is such that they may be operated in places      places with different degrees of potential danger,
 with different degrees of potential danger,           appropriate organisational measures shall be taken
 appropriate organisational measures shall be taken   to ensure safe operation; otherwise such appliances
 to ensure safe operation; otherwise such appliances  shall be selected on the basis of the most
 shall be selected on the basis of the most           unfavourable conditions of use.
 unfavourable conditions of use.
 4.6      It shall be ensured that only those         4.6     It shall be ensured that only those
 measuring instruments for recording explosive        measuring instruments for detecting explosive
 atmospheres are used which offer the reliability and atmospheres are used which offer the reliability and
accuracy appropriate to the actual conditions of      accuracy appropriate to the actual conditions of
use.                                                  use.
4.7       Before explosion conditions are reached, it 4.7     It shall be ensured that the necessary
shall still be possible for the necessary explosion   explosion protection measures can be carried out
protection measures to be carried out in safety.      in safety before explosion conditions are reached.
Workers shall be given optical and/or acoustic        Workers shall be given optical and/or acoustic
warnings and, where necessary, withdrawn.             warnings and, where necessary, withdrawn before
                                                      the explosion conditions are reached.
4.8       Protection systems providing explosion unchanged
pressure relief shall safely divert the explosion
pressure and any substances released.
4.9       Any gases released which may give rise to unchanged
explosion hazards shall be suitably evacuated.
6   OJ No L 100, 19.4.1994, p. 14
                                                                                                 -Page-21
 ---pagebreak---           Original Commission Proposal                          Modified Proposal
 4.10 Deposits of explosible dusts outside work unchanged
 equipment shall be removed or rendered harmless.
 4.11 Where additional risks may arise if the           4.11 Where equipment and protective systems
 power supply to equipment and protective systems       can give rise to a spread of additional risks in the
 is interrupted, it shall be possible to maintain them  event of a power failure, it must be possible to
 in a safe state of operation independently of the      maintain them in a safe state of operation
 rest of the installation.                              independently of the rest of the installation.
 4.12 Manual override shall be possible in order        4.12 Manual override must be possible in order
 to shut down the equipment and protective systems     to shut down the equipment and protective systems
 incorporated within automatic processes which         incorporated within automatic processes which
 deviatefromthe intended operating conditions.         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,          4.13 When the emergency shutdown system is
accumulated energy shall be dissipated or insulated    actuated, accumulated energy must be disipated as
as quickly and as safely as possible so that it no     quickly and as safely as possible or isolated so that
longer constitutes a hazard.                           it no longer constitutes a hazard.
This does not apply to electrochemically-stored This does not apply to electrochemically-stored
energy.                                                energy.
4.14 Before a workplace containing places unchanged
where explosive atmospheres may occur is used
for the first time, its overall explosion safety shall
be checked.
The requisite conditions for ensuring explosion unchanged
protection shall be maintained.
4.15 Such checks shall be carried out by persons       4.15 Such checks shall be carried out by persons
who possess particular expertise in the field of       competent in the field of explosion protection as a
explosion protection as a result of their              result of their professional training, experience and
professional training, experience and current job.     current job.
Such persons shall be recognised and/or appointed deleted
for carrying out checks in a specific field in
accordance with national legislation and/or
practice.
                                                                                                       Page -22
 ---pagebreak---            Original Commission Proposal                          Modified Proposal
 B         CRITERIA FOR THE SELECTION OF B.                      CRITERIA FOR THE SELECTION OF
 WORK EQUIPMENT AND INSTALLATION EQUIPMENT AND PROTECTIVE SYSTEMS
 MATERIALS
 If the explosion protection document based on a         If the explosion protection document based on a
 risk assessment does not state otherwise, work          risk assessment does not state otherwise,
 equipment and installation materials for all places     equipment and protective systems for all places in
 in which explosive atmospheres may occur shall be       which explosive atmospheres may occur shall be
 selected on the basis of the categories set out in      selected on the basis of the categories set out in
 Parliament and Council Directive 94/9/EC on the         Parliament and Council Directive 94/9/EC on the
 approximation of the laws of the Member States          approximation of the laws of the Member States
 concerning equipment and protective systems             concerning equipment and protective systems
 intended for use in potentially explosive               intended for use in potentially explosive
 atmospheres7.                                           atmospheres.
 ZoneO                                                   ZoneO
 In Zone 0, Category 1 equipment shall be used           In Zone 0, Category 1 equipment shall be used
 which is intended for use in areas in which            which is intended for use in places in which
 explosive atmospheres caused by mixtures of air         explosive atmospheres caused by mixtures of air
 and gases, vapours or mists are present                and gases, vapours or mists are present
 continuously, for long periods or frequently.          continuously, for long periods or frequently.
Zone 1                                                  Zone 1
In Zone 1, Category 2 equipment shall be used           In Zone 1, Category 2 equipment shall be used
which is intended for use in areas in which             which is intended for use in places in which
explosive atmospheres caused by gases, vapours or       explosive atmospheres caused by gases, vapours or
mists are likely to occur occasionally. Equipment       mists are likely to occur occasionally. Equipaient
suitable for use in Zone 0 may also be used.            suitable for use in Zone 0 may also be used.
Zone 2                                                 Zone 2
In Zone 2, Category 3 equipment shall be used          In Zone 2, Category 3 equipment shall be used
which is intended for use in areas in which            which is intended for use in places in which
explosive atmospheres caused by gases, vapours or      explosive atmospheres caused by gases, vapours or
mists are unlikely to occur or, if they do, are likely mists are unlikely to occur or, if they do, are likely
to do so only infrequently and for a short period      to do so only infrequently and for a short period
only. Equipment suitable for use in Zones 0 or 1       only. Equipment suitable for use in Zones 0 or 1
may also be used.                                      may also be used.
Zone 20                                                Zone 20
In Zone 20, Category 1 equipment shall be used         In Zone 20, Category 1 equipment shall be used
which is intended for use in areas in which            which is intended for use in places in which
explosive atmospheres caused by air/dust mixtures      explosive atmospheres caused by air/dust mixtures
are present continuously, for long periods or          are present continuously, for long periods or
frequently                                             frequently.
7   OJ No L 100, 19.4.1994, p. 1
                                                                                                     Page -23
 ---pagebreak---           Original Commission Proposal                     Modified Proposal
 Zone 21                                           Zone 21
 In Zone 21, Category 2 equipment shall be used    In Zone 21, Category 2 equipment shall be used
 which is intended for use in areas in which       which is intended for use in places in which
 explosive atmospheres caused by air/dust mixtures explosive atmospheres caused by air/dust mixtures
 are likely to occur occasionally. Equipment       are likely to occur occasionally. Equipment
 suitable for use in Zone 20 may also be used.     suitable for use in Zone 20 may also be used.
 Zone 22                                           Zone 22
 In Zone 22, Category 3 equipment shall be used    In Zone 22, Category 3 equipment shall be used
 which is intended for use in areas in which       which is intended for use in places in which
 explosive atmospheres caused by dust raised into  explosive atmospheres caused by air/dust mixtures
the air are unlikely to occur or, if they do, are  are unlikely to occur or, if they do, are likely to do
likely to do so only infrequently and for a short  so only infrequently and for a short period only.
period only. Equipment suitable for use in Zones   Equipment suitable for use in Zones 20 or 21 may
20 or 21 may also be used.                         also be used.
In accordance with Directive 89/655/EEC, the unchanged
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.
                                                                                                 - Page -24
 ---pagebreak---        Original Commission Proposal                       Modified Proposal
ANNEX III                                        ANNEX III
Warning sign for places where explosive Warning sign for places where explosive
atmospheres may occur, pursuant to Article 5 (3) atmospheres may occur, pursuant to Article 5 (3)
Beware explosive atmospheres!                    Place where explosive atmospheres may occur
      Distinctive features:                      Distinctive features:
      triangular shape                                   triangular shape
      black pictogram on a yellow background            black pictogram on a yellow background
      with black edging (the yellow part to take        with black edging (the yellow part to take
      up at least 50% of the area of the sign).         up at least 50% of the area of the sign).
                                                                                              Page -25
 ---pagebreak---          Original Commission Proposal                  Modified Proposal
 ANNEX IV
 GUIDE CRITERIA FOR PERFORMANCE OF
 WORK
 Installations are considered to be in normal unchanged
 operation when they are performing their intended
 function within their design parameters.
 Zone 0
 The presence of workers and performance of work unchanged
 are as a general rule not permissible.
 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 unchanged
sources may occur during normal operation is
permissible only if the precautions for this zone set
out in the explosion protection document are
applied.
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 unchanged
sources may occur during normal operation is
permissible only if the precautions for this zone set
out in the explosion protection document are
applied.
Ignition sources which may become effective
during normal operation must be avoided.
                                                                         - Page -26
 ---pagebreak---           Original Commission Proposal                 Modified Proposal
 Zone 20
 The presence of workers and performance of work unchanged
 are as a general rule not permissible.
 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 unchanged
 sources may occur during normal operation is
 permissible only if the precautions for this zone set
 out in the explosion protection document are
 applied.
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 unchanged
sources may occur during normal operation is
permissible only if the precautions for this zone set
out in the explosion protection document are
applied.
Ignition sources which may become effective
during normal operation must be avoided.
                                                                         - Page -27
 ---pagebreak---       Original Commission Proposal                   Modified Proposal
ANNEX V
NON-EXHAUSTIVE LIST OF SUBJECTS unchanged
SUPPLEMENTING            THE         MINIMUM
REQUIREMENTS OF THIS DIRECTIVE AND
COVERED         BY    THE       VADEMECUM
REFERRED TO IN ARTICLE 9
      Layout and contents of the explosion
      protection document (see Article 4.3)
      Organisational measures (see Annex II A,
     section 1)
     Assessment of explosion risks (see Annex
     II A, section 2)
     Planning principles (see Annex II A,           Planning of installations (see Annex II A,
     section 3)                                     section 3)
     Explosion protection measures (see Annex unchanged up to end.
     II, section 4)
    Instructions for the zoning of hazardous
    places (see Annex I)
    Information on pertinent standards relating
    to work equipment
                                                                                        Page -28
 ---pagebreak---                                                                   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
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