Protective Gear - Legislation in The European Union

Legislation in The European Union

At the European Union level, personal protective equipment is governed by Directive 89/686/EEC on personal protective equipment (PPE). The Directive is designed to ensure that PPE meets common quality and safety standards by setting out basic safety requirements for personal protective equipment, as well as conditions for its placement on the market and free movement within the EU single market. It covers ‘any device or appliance designed to be worn or held by an individual for protection against one or more health and safety hazards’. The directive was adopted on 21 January 1989 and came into force on 1 July 1992. The European Commission additionally allowed for a transition period until 30 June 1995 to give companies sufficient time to adapt to the legislation. After this date, all PPE placed on the market in EU Member States was required to comply with the requirements of Directive 89/686/EEC and carry the CE Marking.

Article 1 of Directive 89/686/EEC defines personal protective equipment as any device or appliance designed to be worn or held by an individual for protection against one or more health and safety hazards. PPE which falls under the scope of the Directive is divided into three categories:

• Category I: simple design (e.g. gardening gloves, footwear, ski goggles)
• Category II: PPE not falling into category I or III (e.g. personal flotation devices, dry and wet suits)
• Category III: complex design (e.g. respiratory equipment, harnesses)

Directive 89/686/EEC on personal protective equipment does not distinguish between PPE for professional use and PPE for leisure purposes.

Personal protective equipment falling within the scope of the Directive must comply with the basic health and safety requirements set out in Annex II of the Directive. To facilitate conformity with these requirements, harmonized standards are developed at the European or international level by the European Committee for Standardization (CEN, CENELEC) and the International Organization for Standardization in relation to the design and manufacture of the product. Usage of the harmonized standards is voluntary and provides presumption of conformity. However, manufacturers may choose an alternative method of complying with the requirements of the Directive.

Personal protective equipment excluded from the scope of the Directive includes:

• PPE designed for and used by the armed forces or in the maintenance of law and order;
• PPE for self-defence (e.g. aerosol canisters, personal deterrent weapons);
• PPE designed and manufactured for personal use against adverse atmospheric conditions (e.g. seasonal clothing, umbrellas), damp and water (e.g. dish-washing gloves) and heat;
• PPE used on vessels and aircraft but not worn at all times;
• helmets and visors intended for users of two- or three-wheeled motor vehicles.

The European Commission is currently working to revise Directive 89/686/EEC. The revision will look at the scope of the Directive, the conformity assessment procedures and technical requirements regarding market surveillance. It will also align the Directive with the New Legalislative Framework. The European Commission is likely to publish its proposal in 2013. It will then be discussed by the European Parliament and Council of the European Union under the ordinary legislative procedure before being published in the Official Journal of the European Union and becoming law.