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Directive 89/686/EEC Personal protective equipment

CHAPTER I
SCOPE, PLACING ON THE MARKET AND FREE MOVEMENT

Article 1

  1. This Directive applies to personal protective equipment, hereinafter referred to as ‘PPE'. It lays down the conditions governing its placing on the market and free movement within the Community and the basic safety necessities which PPE must satisfy in order to confirm the health protection and safety of users.
  2. For the purposes of this Directive, PPE shall mean any device or appliance designed to be worn or held by an individual for protection against one or more health and safety hazards PPE shall also cover:
    • A unit constituted by several devices or appliances which have been integrally combined by the manufacturer for the protection of an individual against one or more potentially simultaneous risks;
    • A protective device or appliance combined, separable or inseparably, with personal no protective tools worn or held by an individual for the execution of a exact activity;
    • Interchangeable PPE components which are important to its satisfactory functioning and used exclusively for such equipment.
  3. Any system placed on the market in conjunction with PPE for its connection to another external, additional device shall be regarded as an integral part of that tools even if the system is not intended to be worn or held permanently by the user for the whole period of risk exposure.
  4. This Directive does not apply to:
    • PPE covered by another directive designed to achieve the same objectives as this Directive with regard to placing on the market, free movement of goods and safety,
    • The PPE classes identified in the list of excluded products in Annex I, independently of the reason for exclusion mentioned in the first indent.

Article 2

  1. Member States shall take all suitable measures to confirm that the PPE referred to in Article 1 may be placed on the market and brought into service only if it preserves the health and confirms the safety of users without prejudice to the health or safety of other individuals, domestic animals or goods, when appropriately maintained and used for its intended purpose.
  2. This Directive shall be without prejudice to the right of Member States to lay down — in conformity with the Treaty — any needs which they consider essential to confirm user protection, provided that this does not give rise to modifications to PPE which could result in its non-conformity with the provisions of this Directive.
  3. Member States shall not prevent the presentation at trade fairs, exhibitions and the like of PPE which is not in conformity with the provisions of this Directive, provided that an suitable notice is displayed drawing attention to this fact and the prohibition on its acquisition and/or use for any purpose whatsoever until it has been brought into conformity by the manufacturer or his representative established in the Community.

Article 3

The PPE referred to in Article 1 must satisfy the basic health and safety requirements laid down in Annex II.

Article 4

  1. Member States may not prohibit, restrict or hinder the placing on the market of PPE or PPE components which comply with the provisions of this Directive and which bear the CE marking attesting their conformity to all the provisions of this Directive, including the certification processes in Chapter II.
  2. Member States shall not prohibit, restrict or impede the placing on the market of PPE components which do not bear the CE marking and which are intended to be incorporated in PPE, provided that they are not important to its acceptable functioning.

Article 5

  1. Member States shall regard as in conformity with the basic needs referred toin Article 3 the PPE referred to in Article 8 (3) bearing the CE marking with respect to which the manufacturer is capable to produce, on demand, the announcement of conformity referred to in Article 12.
  2. Member States shall presume that the PPE referred to in Article 8 (2) satisfies the basic needs referred to in Article 3 if it bears the CE marking with respect to which the manufacturer is capable to produce, on demand, not only the announcement referred to in Article 12 but also the certificate issued by the body of which notification has been given in accordance with Article 9 attesting to their conformity to the relevant national standards, transposing the harmonized standards, assessed at the EC type examination level in accordance with the first indent of Article 10 (4) (a) and (b). Where a manufacturer has not applied or has only partly applied the harmonized standards or where there are no such standards the certificate issued by the body of which notification has been given must state the conformity to the basic needs in accordance with the second indent of Article 10 (4) (a) and (b).
  3. The Commission shall publish the references of the harmonized standards in the Official Journal of the European Communities. Member States shall publish the references of the national standards transposing the harmonized standards.
  4. Member States shall confirm that by 30 June 1991 suitable steps are taken to permit both sides of industry to have an influence at national level on the procedure of formulating the harmonized standards and keeping them under review.
    1. Where the PPE is subject to other Directives concerning other aspects and which also provide for the affixing of the CE marking, the latter shall indicate that the PPE is also presumed to conform to the provisions of the other Directives.
    2. However, where one or more of these Directives permit the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity to the provisions only of those Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions necessary by the Directives and accompanying such PPE.

Article 6