Guidelines on the directive 89/686/EEC on Personal Protective Equipment - Introduction

Notes

1. These guidelines are intended to be a manual for all parties directly or indirectly affected by Directive 89/686/EEC, commonly referred to as PPE ("Personal Protective Equipment) directive. Readers' attention is drawn to the fact that this guide is intended only to facilitate the application of Directive 89/686/EEC and it is the relevant national transposition of the text of the directive which is legally binding. However, this document does represent a reference for ensuring consistent application of the directive by all stakeholders. The guidelines are intended to help ensure the free movement of PPE in the Community territory2 by consensus amongst Member States' government experts and other parties concerned.

2. These guidelines have been prepared by the relevant services of the Directorate General - Enterprise and Industry of the European Commission in collaboration with Member States, European industry, European standardisation and Notified Bodies.

3. The European Commission will undertake to maintain this guide. It is our goal to ensure that the information provided is both timely and accurate. If errors are brought to our attention, we will try to correct them. However the Commission accepts no responsibility or liability whatsoever with regard to the information in this guide.

This information is:

• of a general nature only and is not intended to address the specific circumstances of any particular individual or entity;
• not necessarily comprehensive, complete, accurate or up to date;
• sometimes refers to external information over which the Commission services have no control and for which the Commission assumes no responsibility;
• not professional or legal advice.

4. All references to the CE marking and EC declaration of conformity in this Guide relate only to Directive 89/686/EEC. To place PPE on the market in the Community territory all other relevant legislation must be applied.

5. Further guidance, especially concerning specific type of products, can be found on the Commissions website: /enterprise/sectors/mechanical/personal-protective-equipment/index_en.htm.

Introduction

The objective of these guidelines is to clarify certain matters and procedures referred to in directive 89/686/EEC concerning Personal Protective Equipment (PPE). It provides a cross reference from the legal text of the directive to explanations by EU sectoral experts. The guidelines should be used in conjunction with the directive and with the European Commission's "Guide to the implementation of directives based on New Approach and Global Approach (Blue Guide)".

These guidelines are not only for the use of Member States' competent authorities, but also by the main economic operators concerned, such as manufacturers, their trade associations, bodies in charge of the preparation of standards as well as those entrusted with the conformity assessment procedures.

First and foremost, this document must ensure that, when correctly applied, the directive leads to the removal of obstacles and difficulties related to the free circulation (free movement) of goods within the European Community (see footnote 2). It should be noted that the statements in these guidelines refer only to the application of Directive 89/686/EEC unless otherwise indicated. All parties concerned should be aware of other requirements, which may also apply (see Article 5 (6)(a).

The PPE directive is a "New Approach" directive laying down Basic Health and Safety Requirements (BHSR) and leaving it to standards, primarily European harmonised standards, to give technical expression of the relevant requirements contained in the directive.

Directive 89/686/EEC is a total harmonisation directive, i.e. its provisions replace existing divergent national and European legislation which cover the same subjects as stipulated by directive 89/686/EEC.

"Use" Directives

The reader will want to be aware that where PPE is intended for use in a place of work, national and Community legislation intended to ensure the safety of employees will usually apply. Whereas "New Approach" Directives set the highest possible requirements given their overall objectives and hence do not allow for additional national provisions within scope, "Use" Directives (89/391/EEC  3, 89/656/EEC 4) set minimum requirements. In effect this means that national authorities, following the agreement of other Member States by means of the notification procedure under Directive 98/34/EC , can put in place further requirements relating to "use" and selection so long as these do not constitute a barrier to trade.

1 Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment as amended by Directive 93/68/EEC, Directive 93/95/EEC and Directive 96/58/EC.

2 According to the agreement related to the European Economic Area (EEA) (Council and Commission Decision 94/1/EC of 13 December 1993 (OJEC n° L 1 of 3 January 1994, p. 1) the territories of Liechtenstein, Iceland and Norway have to be considered, for the implementation of Directive 89/686/EEC, in the same right as of the Community territory. When this term, Community territory, is used in this guide, the same applies to the EEA territory. Likewise, solely in respect of this Directive, the responsibilities of the "Member States" can also be taken for the national authorities of these three territories.

3 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 work.

4 Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC).