PPE Regulation: some clarification
1) Protective clothing for motorcyclists
With reference to this News, regarding the possibility to keep placing on the market PPE certified against the Directive up to 2023, we have been informed of a misinterpretation that has spread among the interested stakeholders, according to which those motorcycling garments that have not been yet certified can continue to be sold without certification until 2023.
We want to make clear that, according to the 1989 Directive, every product intended to provide protection when worn has to be considered a PPE. Furthermore, according to the new Regulation 425, garments containing or intended to contain impact protectors constitute PPE and shall therefore be certified in order to be placed on the market starting from the 21st of April 2018.
If, for various reasons, this type of clothing has not been certified according to the Directive and has nevertheless been placed on the market until today, it’s not acceptable to continue beyond the deadline of April 21st 2019.
2) Transition from Directive to Regulation for certified PPE
Here you find a simple sum up of all the possible scenario:
- CE certified PPE according to the Directive and based on valid harmonized standards (see here the official list)
It’s not necessary to update the certification: PPE of this kind can continue to be placed on the market until 2023. However, it’s necessary to draft a new UE Declaration of Conformity (DoC) according to the Regulation as it becomes fully applicable from April 21st 2018 (there is time until 04/21/2019). Therefore, the DoC drafted in accordance with the Regulation will also refer to EC Certificates issued against the Directive. As the DoC must accompany each product, it will be necessary to include it either in the packaging or in the Information Notice as a text or as a link to the website at which it can be downloaded. We remind that the DoC is a mandatory document to be drafted by the manufacturer and falls under his sole responsibility. Ricotest is thus not supposed to control the exactness of the present document nor is our responsibility to check the functionality of the link/website where it may be placed. Anyway, it is possible to update these certificates to the new Regulation without carrying out any test in case the results on which the CE certification is based are not older than 10 years (as per RfU).
- CE certified PPE according to the Directive and based on outdated harmonized standards
These certificates will cease to be valid from April 21st 2019 and will therefore be automatically canceled. If the manufacturer is interested in keep selling the PPE, it will be necessary to update the Certificates.
- CE certified PPE according to the Directive and based on internal methods
This has to be verified case by case. The great majority of these cases probably falls under point 1.
- CE certified PPE according to Directive and based on prEN
This has to be verified case by case. Generally speaking, when the “prEN” turns into a Harmonized “EN” Standard, the certificates must be updated.
3) Hand-held chain-saw cut protection: transition from 2nd to 3rd category
The new Regulation enters into force on the 21st of April 2018. Starting from this date the items providing protection against chain saw cutting will be considered as 3rd category PPE (Ricotest can internally perform tests on footwear, gloves, and clothing).
The already certified products must be updated to the Regulation with a new UE certificate at least by April 21st 2019. Yet, it is strongly recommended to renew them at the soonest available convenience in order to avoid any claims that may occur due a different interpretation of the transition period.
EN 381 series of standards is related to chain saw cut resistance PPE: such standards will be superted by EN ISO 11393 series.
4) “CE” marking
We remind that the “CE” symbol to be marked has well defined minimum dimensions and proportions. Market surveillance authorities have challenged PPE with wrong CE markings, placed on hangtags and packaging.