Guide to application of the directive 89/686/EEC on Personal Protective Equipment - Chapter IV
1.4 Chapter IV: Final provisions
1.4.1 Article 14
Any decision taken in implementation of this Directive and leading to restrictions on the marketing of PPE shall be accompanied by a detailed explanation of the grounds on which it is based. The interested party shall be notified of the decision without delay and informed of the possibilities for appeal under the legislation in force in the Member State concerned and of the deadlines for lodging such appeals.
1.4.2 Article 15
The Commission shall take the necessary steps to ensure that data concerning all the relevant decisions in connection with the management of this Directive are made available.
1.4.3 Article 16
- Before 31 December 1991, Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply the measures in question with effect from 1 July 1992.
- Furthermore, Member States shall allow, for the period until 30 June 1995, the placing on the market and putting into service on PPE in conformity with the national regulations in force in their territory on 30 June 1992.
- 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 16 sets out the timetable for the entry into force of the Directive:
- Adoption and publication of the national transpositions of the Directive: December 1991;
- Entry into force: 1 July 1992.
Member States were required to accept the placing on the market and putting into service of PPE which comply with the rules in force in their territory on the date of adoption of this Directive until 30 June 1995.
Member States transposed the Directive into national regulations and informed the Commission by sending a copy of the text of their provisions.22
1.4.4 Article 17
This Directive is addressed to the Member States.
New Approach directives are binding on Member States as to the result to be achieved but the choice of form and method of transposition is their own. However Member States must ensure that the most appropriate forms and methods of transposition are used to promote the effectiveness of the Directive so that the expected results namely, for the Personal Protective Equipment Directive, of freedom of movement and human health and safety, are achieved.
Under the Personal Protective Equipment Directive, the transposition measures are mandatory. A simple recommendation or administrative circular is not sufficient. Member States must not only repeal all contradictory national legislation but they must also ensure that more stringent measures than those foreseen by the directive are not introduced. Moreover Authorities must ascertain that the users of the legislation, e.g. manufacturers, are aware of their rights and obligations.
In certain cases, where the provisions of a directive are unconditional, the Court recognises the right of the private individual to avail himself of the provisions of a directive when this is in conflict with national legislation.
22 See /enterprise/sectors/mechanical/documents/legislation/personal-protective-equipment/transposition/index_en.htm or references of national measures transposing Directive 89/686/EEC.
