Consumer clothing with a UV protection claim: PPE Regulations or not

Europe

Consumer clothing with a UV protection claim: PPE Regulations or not

Since the introduction of the EU’s PPE Regulation 2016/425, there has been considerable debate about whether or not consumer clothing with a UV protection claim should be considered as falling within the scope of the PPE Regulations or not. This situation was not assisted by the publication of the EU’s Categorisation Guidelines for PPE in 2018 which indicated that all clothing with a UV protection claim should be classified as PPE but which also appeared to contradict the legal text of the Regulations themselves. This contradiction arose from the interpretation of whether or not natural UV light (as present in daylight) should be considered to be an atmospheric condition and, if so, then whether or not it was of an extreme nature.

If natural UV light is considered to be an atmospheric condition not of an extreme nature and the clothing was for private use, then the PPE Regulations excluded such clothing from being considered as PPE. The PPE guidance document stated that natural UV light was not an atmospheric condition and hence such clothing for private use could not be exempted from being PPE and should be CE marked.

The EU’s Expert Group on PPE met in May 2022 and the topic of UV protective clothing was included on their agenda following numerous representations to them for clarification of the situation. The outcome of the meeting was a proposal to differentiate between clothing intended to provide protection against ‘extreme’ UV light and that which is intended to provide protection against non-extreme UV light. The exact definition of what constitutes ‘extreme’ and ‘non-extreme’ UV conditions is yet to be decided although two approaches are being discussed – one based on the UV index of the intended end-use geographic location and another based on the level of UV protection offered by the clothing itself.

The proposal also clarifies the intention that clothing with a UV protective claim but which is intended for private use by a consumer in non-extreme environments should not be considered as PPE. This is consistent with the legal text of the PPE Regulations themselves. Such clothing will not need a conformity mark (CE or UKCA) applying nor will it need to have a formal technical file although it will still be required for the claim to be justified – typically by compliance with EN 13758-2 which includes both fabric performance requirements and garment design requirements.

Clothing intended to provide protection against extreme UV exposure including welders clothing regardless of whether intended for private use or not will be considered to be PPE and classified as Category II PPE. As such it will require third-party Type Examination before it can be placed on the EU and/or GB markets.

Clothing which is intended for professional use and which is provided with a claim or UV protection such as workwear will be classified as Category I PPE and should carry the appropriate conformity assessment mark and comply with the requirements of the PPE Regulations but will not need to undergo third-party conformity assessment.

We are able to offer both accredited testing and third-party conformity assessment of clothing providing UV protection for both EU and GB markets.

For more information, please visit our Personal Protective Equipment page or contact with our experts.