51995PC0552

Proposal for a European Parliament and Council Directive amending Directive 89/686/EEC on the approximation of the laws of the Member States relating to personal protective equipment (PPE)

(96/C 23/07)

(Text with EEA relevance)

COM(95) 552 final - 95/0279(COD)

(Submitted by the Commission on 20 November 1995)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure laid down in Article 189b of the Treaty,

Whereas Directive 89/686/EEC (1) requires that all personal protective equipment bear the CE marking and that this marking be accompanied by additional information corresponding to the year in which the making was affixed;

Whereas this indication of the year is not a factor beneficial to the safety of the user of the personal protective equipment; whereas this indication might be confused with the date of obsolescence which must be affixed to personal protective equipment subject to ageing;

Whereas affixing this indication of the year is a burden on the manufacturers of personal protective equipment; whereas the cost of this burden is far from negligible;

Whereas, in view of the principle of subsidiarity, this simplification for manufacturers can be achieved only by means of a Directive amending the original Directive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 89/686/EEC shall be amended as follows:

In Annex IV, the following wording shall be deleted:

'Additional information

- The last two digits of the year in which the CE marking was affixed; this information is not required in the case of the PPE referred to in Article 8 (3).`

Article 2

1. By . . . (2) Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with the Directive. They shall forthwith inform the Commission thereof.

When Member States adopt such laws, regulations and administrative provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference when they are officially published. The way in which this reference is to be made will be decided on by the Member States.

They shall apply these laws, regulations and administrative provisions from 1 January 1997.

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 shall enter into force on the 20th day after its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 399, 30. 12. 1989, p. 18, Directive amended by Directives 93/68/EEC (OJ No L 220, 30. 8. 1993, p. 1) and 93/95/EEC (OJ No L 276, 9. 11. 1993, p. 11).

(2) Three months from the date of adoption of this Directive.