Keywords
Summary

Keywords

1. Approximation of laws — Personal protective equipment — Directive 89/686 — National legislation making equipment for firefighters, notwithstanding its compliance with the directive, subject to additional requirements — Not permissible — (Council Directive 89/686, Arts 1 and 4, and point 1 of Annex I)

2. Community law — Concepts — Interpretation — Reference to national law — Not permissible

3. Approximation of laws — Personal protective equipment — Directive 89/686 — Measures harmonising equipment intended for the protection of firefighters in the performance of their usual duties — Breach of the principle of proportionality — Breach of the principle of subsidiarity — None — (Council Directive 89/686)

Summary

1. A Member State which makes personal protective equipment for firefighters subject to additional requirements, although it complies with the requirements of Directive 89/686 on the approximation of the laws of the Member States relating to personal protective equipment and bears the EC marking, fails to comply with its obligations under Articles 1 and 4 of that directive.

It follows from Article 1(4) of that directive that personal protective equipment intended to be used by fire brigades falls outside the scope of that directive only if it can be considered to have been designed and manufactured specifically for the forces which maintain law and order within the meaning of point 1 of Annex I to the directive. The tasks of fire brigades ordinarily consist of rescuing persons and property from fires, traffic accidents, explosions, floods or other disasters. Those tasks differ from those of the forces whose main task is the maintenance of law and order. On the other hand, if fire brigades were called upon, in certain circumstances, to contribute to the maintenance of law and order and were provided, for that purpose, with personal protective equipment designed and manufactured specifically for the performance of that task, such equipment would be covered by the derogation provided for by point 1 of Annex I to the Directive.

Although that directive does not preclude a Member State from requiring fire brigades to be equipped with rescue apparatus which all complies with the same standards of manufacture and safety in order to ensure its compatibility, in order to attain the objective of ensuring the free movement of personal protective equipment between the Member States, that directive must preclude them from prohibiting, restraining or interfering with the putting on the market of such equipment, which satisfies its provisions and which bears the EC marking.

see paras 30-31, 36, 39, 43, 50 operative part

2. The Community legal order does not, in principle, aim to define concepts on the basis of one or more national legal systems unless there is express provision to that effect.

see para. 33

3. Directive 89/686 on the approximation of the laws of the Member States relating to personal protective equipment does not infringe either the principle of subsidiarity or that of proportionality by harmonising the national provisions relating to such equipment intended for the protection of firefighters in the performance of their usual duties.

With regard to the principle of subsidiarity, since the national provisions in question differ significantly from one Member State to another, they may constitute, as is noted in the fifth recital in the preamble to the directive, a barrier to trade with direct consequences for the creation and operation of the common market. The harmonisation of such divergent provisions may, by reason of its scope and effects, be undertaken only by the Community legislature.

With regard to the principle of proportionality, the inclusion of personal protective equipment intended for the protection of firefighters in the scope of the directive is appropriate in order to ensure the free movement of that equipment between the Member States and does not go beyond what is necessary to obtain that aim. It does not encroach on the competence of those States to define the tasks and powers of fire brigades and to ensure their personal protection. Nor does it encroach on the organisation of the armed forces and those for the maintenance of law and order.

see paras 46-48