CELEX: 51992PC0421
Language: en
Date: 1992-12-29
Title: Proposal for a Council Directive amending Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(92) 421 final - SYN 443
                                        Brussels, 23 December 1992
                          Proposal for a
                        COUNCIL DIRFf!TIVE
                  amending Directive 89/686/EEC
      on the approximation of the laws of the Member States
            relating to personal protective equipment
                  (presented by the Commission)
 ---pagebreak---                                                                          /-
                           Explanatory memorandum
1.    This proposal for a Council Directive amends Directive 89/686/EEC on
the approximation of the laws of the Member States relating to personal
protective equipment (PPE).
 It Is based on Article 100a of the EEC Treaty.
2.    Directive 89/686/EEC lays down the conditions governing the placing on
the market and free movement within the Community of PPE and the basic
safety requirements which PPE must satisfy In order to ensure the health
protection and safety of users.
Article 5(2) of Directive 89/686/EEC stipulates that the Member States
shall presume that PPE bearing the EC mark attesting to Its conformity to
the harmonized standards satisfies the basic requirements.
Although CEN is making good progress in drawing up the harmonized
standards, the vast scope of the Directive means that a number of standards
will not be available before the end of the transitional period
(31 December 1992). This situation cannot be alleviated by reference to
existing national standards.
Until such time as the appropriate standards are available, the risk
therefore remains that divergences In the Interpretation of basic safety
requirements will lead to frequent use of the safeguard clause, thereby
substantially reducing the effectiveness of the Directive.
3.    Furthermore, Directive 89/686/EEC contains no provisions for the
disposal of stocks of certain PPE manufactured In accordance with existing
national regulations existing on the date of Its entry Into force.
4.    The above difficulties lead the Commission to propose an amendment of
Directive 89/686/EEC laying down a transitional period expiring on
31 December 1994. This would afford CEN a further period In which to
complete the priority work of European standardization entrusted to It and
give the Inspection and certification bodies more time to organize
themselves In order to ensure that the Directive is correctly applied.
This extension of the transitional period Is In line with the Commission's
statement to the Council at the time of approval of the Directive.
 ---pagebreak---                                    CounclI DirectIve
                          amending Directive 89/686/EEC
           on the approximation of the laws of the Member States
                    relating to personal protective equipment
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and In particular Article 100a thereof,
Having regard to the proposal from the Commission,
In coopérât Ion with the European Parliament,
Having regard to the opinion of ,the Economic and Social Committee,
Whereas measures to establish the Internal market       in personal protective
equipment (PPE) have to be adopted pursuant to CounclI Directive 89/686/EEC
of 21 December 1969;1
Whereas Article 5(3) of Directive 89/686/EEC states that PPE for which
harmonized   standards are not     available may  continue on   a  transitional
basis, until    31 December    1992, to be subject   to national   arrangements
already In force on the date of adoption of the Directive;
V ft* L at*, ) * . 1 *.«•. p. 10.
 ---pagebreak---                                                                       7
Whereas it emerges from information received from the Member States and the
trade that the transitional period Is too short to enable the Directive to
be properly applied;
Whereas the harmonized standards will make a significant contribution
towards facilitating the placing on the market and the free movement of
personal protective equipment;
Whereas, however, some of the harmonized standards will not be available on
the date of entry Into force of the Directive; whereas, therefore, the
establishment and uniformity of a single market in these products cannot be
ensured;
Whereas the Introduction of a new system of control and certification and
the establishment of the provisions and mechanisms needed for the proper
functioning of the Directive are not sufficiently advanced;
Whereas the extension of the transitional period      provided for in this
Directive does not apply to personal protective       equipment covered by
Council Directive 89/656/EEC,
Whereas Council Directives 89/656/EEC and 89/686/EEC are complementary;
whereas they can nevertheless apply and be operational Independently;
HAS ADOPTED THIS DIRECTIVE:
                                 Article 1
Directive 89/686/EEC is hereby amended as follows:
The date "31 December     1992"   In Article  5(3)   shall  be  replaced by
"31 December 1994".
 ---pagebreak---                                                                 ^
                                 Article 2
1. Member States shall adopt and publish by 31 December      1992 the laws,
   regulations and administrative provisions necessary to comply with this
   Directive. They shall forthwith Inform the Commission thereof.
   The provisions adopted by Member States shall contain a reference to
   this Directive or    be accompanied   by such  a  reference  on official
   publication. Details of this reference shall be decided by the Member
   States.
2. Member  States shall  communicate  to the Commission   the texts of the
   provisions of national   law which they adopt  in the field governed by
   this Directive.
                                  Article 3
This Directive is addressed to the Member States.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(92) 421 final
                                                      DOCUMENTS
EN                                                                              04
                                 Catalogue number : CB-CO-92-438-EN-C
                                                             ISBN 92-77-47951-5
Office for Official Publications of the European Communities
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