EN    EN  
 EUROPEAN COMMISSION 
Brussels, 21.11.2011 
COM(2011) 770 final 
2011/0354 (COD) 
  
NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the harmonisation  of the laws of the Member States relating to making available on 
the market of lifts and safety components for lifts 
(Recast) 
(Text with EEA relevance) 
 EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT OF THE PROPOSAL  
General context, reasons for and objectives of this proposal  
This proposal is presented in the framework of the implementation of the “goods package”  
adopted in 2008. It is part of  a package of proposals aligni ng ten product directives to 
Decision No 768/2008/EC  establishing a common framework for the marketing of products. 
Union (EU) harmonisation legislation ensuring th e free movement of products has contributed 
considerably to the completion and operation of the Single Market. It is based on a high level 
of protection and provides ec onomic operators with  the means to demonstrate conformity, 
thus ensuring free movement through trust in the products.  
Directive 95/16/EC is an example of that Union harmonisation legisl ation, ensuring the free 
movement of lifts and safety components for lif ts. It sets out essent ial health and safety 
requirements that lifts and safety components for lifts must comply with in order to be made 
available on the EU market. Manufacturers mu st demonstrate that a lift and a safety 
component for lifts have been designed and ma nufactured in compliance with the essential 
health and safety requirements and affix the CE marking.  
Experience with the implementation of Uni on harmonisation legislation has shown – on a 
cross-sector scale - certain weaknesses and inconsistencies in the implementation and 
enforcement of this legislation, leading to 
– the presence of non-compliant or dangerous products on the market and consequently a 
certain lack of trust in CE marking 
– competitive disadvantages for economic operators complying with the legislation as 
opposed to those circumventing the rules 
– unequal treatment in the case of non-compliant  products and distortion of competition 
amongst economic operators due to different enforcement practices 
– differing practices in the designation of conformity assessment bodies by national 
authorities 
– problems with the quality of certain notified bodies 
Furthermore the regulatory environment has beco me more and more complex, as frequently 
several pieces of legislation apply simu ltaneously to one and the same product. 
Inconsistencies in these pieces of legisla tion make it increasingly difficult for economic 
operators and authorities to correctly interpret an d apply that legislation. 
To remedy these horizontal shortcomings in Union harmonisation legi slation observed across 
several industrial sectors, the “New Legislative Framework”  was adopted in 2008 as part of 
the goods package . Its objective is to strengthen and complete the existing rules and to 
improve practical aspects of their applicat ion and enforcement. The New Legislative 
Framework (NLF) consists of two complementary instruments, Regulation (EC) No EN 3   EN 765/2008  on accreditation and market surveillance and Decision No 768/2008/EC 
establishing a common framework for the marketing of products . 
The NLF Regulation has introduced rules on accr editation (a tool for the evaluation of 
competence of conformity assessment bodies) and requirements for the organisation and performance of market surveillance and contro ls of products from third countries. Since 1 
January 2010 these rules apply di rectly in all Member States. 
The NLF Decision sets out a common framewor k for EU product harmonisation legislation. 
This framework consists of the provision s which are commonly used in EU product 
legislation (e.g. definitions, obligations of economic operators, notified bodies, safeguard 
mechanisms, etc). These common provisions ha ve been reinforced to ensure that the 
directives can be applied and enforced more ef fectively in practice. New elements, such as 
obligations on importers, have b een introduced, which are crucia l for improving the safety of 
products on the market.  
The provisions of the NLF Decision and those of the NLF Regulation are complementary and 
closely interlinked. The NLF D ecision contains the corresponding obligations for economic 
operators and notified bodies allowing market  surveillance authoriti es and authorities 
responsible for notified bodies to properly perform the tasks imposed on them by the NLF 
Regulation and to ensure an effective and cons istent enforcement of EU product legislation.  
However, unlike the NLF Regulation, the provis ions of the NLF Deci sion are not directly 
applicable. To ensure that a ll economic sectors subject to Union harmonisation legislation 
benefit from the improvements of the NLF, the provisions of the NLF D ecision need to be 
integrated into the ex isting product legislation. 
A survey after the adoption of the goods packag e in 2008 showed that a majority of Union 
harmonisation legislation on products  was due to be revised with in the following 3 years, not 
only to address the problems observed throughout  all sectors but also for sector-specific 
reasons. Any such revision would automatically  include an alignment of the legislation 
concerned to the NLF Decision since Parlia ment, Council and Commission have committed 
themselves to use its provisions as much as po ssible in future legislation on products in order 
to further the utmost coheren ce of the regulatory framework.  
For a number of other Union harmonisation di rectives, including Directive 95/16/EC, no 
revision for sector-specific prob lems had been envisaged within  this timeframe. To ensure 
that the problems in relation to non-complian ce and notified bodies are nevertheless addressed 
in these sectors, and for the sake of consiste ncy of the overall regulatory environment on 
products, it was decided to align these directiv es within a package to the provisions of the 
NLF Decision. 
Consistency with other policies and objectives of the Union 
This initiative is in line with the Single Market Act
1, which has stressed the need to restore 
consumer confidence in the quality of pr oducts on the market and the importance of 
reinforcing market surveillance. 
                                                 
1 Communication from the Commission to the European Parliament, the Council, the Economic and 
Social Committee and the Committee of the Regions, COM(2011) 206 final. EN 4   EN Furthermore it supports the Commission’s polic y on Better Regulation and simplification of 
the regulatory environment. 
2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
Consultation of interested parties 
The alignment of Directive 95/16/EC to the NL F Decision has been discussed with national 
experts responsible for the implementation of  this Directive, the notified body group, the 
administrative cooperation group, standardisation bodi es, representatives for the lifts sector as 
well as in bilateral meetings wi th associations repr esenting lift installe rs, lifts components 
manufacturers and small and medium size enterp rises in the lifts i ndustry, trade unions and 
associations of property owners.  
From June to October 2010 a public consultation was organised that comprised all the sectors 
involved in this initiative. It consisted of four targeted quest ionnaires for economic operators, 
authorities, notified bodies and users and the Co mmission services received 300 replies. The 
results are published at:  
http://ec.europa.eu/enterpri se/policies/single-market-goods /regulatory-policies-common-
rules-for-products/new-legislative-framework/index_en.htm  
In addition to the general consultation a specif ic SME consultation was carried out. 603 SMEs 
were consulted through the Enterprise Europe  Network in May/June 2010. The results are 
available at: http://ec.europa.eu/enterprise/po licies/single-market-goods/ files/new-legislative-
framework/smes_statistics_en.pdf  
The consultation process revealed widespread su pport for the initiative. There is unanimity on 
the need to improve market surveillance and the system for assessing and monitoring Notified 
Bodies. Authorities fully support the exercise because it will strengthen the existing system 
and improve cooperation at EU level. Industry expects a more level pl aying field resulting 
from more effective actions against products that  do not comply with the legislation, as well 
as a simplification effect from the alignment of  legislation. Certain co ncerns were expressed 
on some obligations which are, however, indispen sable for increasing the efficiency of market 
surveillance. These measures will not entail si gnificant costs for indus try, and the benefits 
resulting from improved market surveill ance should by far outweigh the costs.  
Collection and use of expertise 
The impact assessment for this implementation package has largely built on the impact 
assessment carried out for the New Legislativ e Framework. In addition to the expertise 
collected and analysed in that context, furt her consultation of sect or-specific experts and 
interest groups, as well as horizontal expert s active in the area of technical harmonisation, 
conformity assessment, accreditation and market surveillance, has taken place. 
External expertise was used to obtain some ba sic data on certain sect ors, including studies 
concerning lifts: (2004)2 and (2007)3.  
                                                 
2 Evaluation of the Application of the Lift Directive (95/16/EC) . Final Report to the European 
Commission (DG ENTR) of 21 June 2004. [The study examined the functioning of the Directive EN 5   EN Impact assessment  
Based on the information collected, the Commis sion carried out an impact assessment which 
examined and compared three options. 
Option 1 - No changes to  the current situation  
This option proposes no changes to the current directive and relies ex clusively on certain 
improvements that can be expected from the NLF Regulation. 
Option 2 – Alignment to the NLF Deci sion by non-legislative measures 
Option 2 considers the possibility of encourag ing a voluntary alignment to the provisions set 
out in the NLF Decision by, e.g., presenting them  as best practices in guidance documents. 
Option 3 – Alignment to NLF Deci sion by legislative measures 
This option consists in integrating the provi sions of the NLF Decision into the existing 
directives. 
Option 3 was found to be the preferred option because – it will improve the competitiveness of companies and notified bodies taking their 
obligations seriously, as opposed to those cheating on the system; 
– it will improve the functioning of the internal market by ensuring equal treatment of all 
economic operators, notably importers and distributors, as well as notified bodies; 
– it does not entail significant costs for economic operators and notified bodies; for those 
who are already acting responsib ly, no extra costs or only neg ligible costs are expected; 
– it is considered more effective than option 2: du e to the lack of enforc eability of option 2 it 
is questionable that the positive impact s would materialise under that option; 
– options 1 and 2 do not provide an swers to the problem of inconsistencies in the regulatory 
framework and therefore have no positive impact on the simplification of the regulatory environment. 
3. M
AIN ELEMENTS OF THE PROPOSAL  
3.1. Horizontal definitions 
The proposal introduces harmonised definiti ons of terms which are commonly used 
throughout Union harmonisation le gislation and should therefor e be given a consistent 
meaning throughout that legislation.  
                                                                                                                                                         
95/16/EC in 7 Member States: Belgium, Finland, Germany, Italy, Portugal, Spain and the United 
Kingdom.] 
3 Study on the Technical Assessment of Means of Preventi ng the Crushing Risk on Lifts subject to 
Directive 95/16/EC , Report Number ME/07/07 (2007). [The study aim was the examination whether the 
solutions available, other than free space or refuges, to prevent the crushing risk can provide an 
equivalent level of safety.] EN 6   EN 3.2. Obligations of economic operators  and traceability requirements 
The proposal clarifies the obligations of installers, manufacture rs and authorised 
representatives and introduces obligations for importers and distributors. Importers must 
verify that the manufacturer ha s carried out the applicable c onformity assessment procedure 
and has drawn up a technical documentation. They must also make sure with the 
manufacturer that this technical documentati on can be made available to authorities upon 
request. Furthermore importers must verify that  the safety components for lifts are correctly 
marked and accompanied by the required documents. They must keep a copy of the Declaration of conformity and i ndicate their name and address on the product, or where this is 
not possible on the packaging or the accompanyi ng documentation. Distributors must verify 
that lift and safety component for lifts bear the CE marking, the name of the manufacturer and 
of the importer, if relevant, and that it is accompanied by the required documentation and 
instructions. 
Importers and distributors must cooperate with  market surveillance authorities and take 
appropriate actions when they have supplie d non-compliant safety components for lifts. 
Enhanced traceability obligations  are introduced for all economi c operators. Lifts have to 
bear the installer’s name and address and a numbe r allowing to identify and link the lift to its 
technical documentation. Safety components for li fts have to bear the manufacturer’s name 
and address and a number allowing to identify a nd link the safety components for lifts to its 
technical documentation. When a safety compon ent for lifts is imported the importer’s name 
and address must also be on the safety comp onent for lifts. Furthermore every economic 
operator must be able to iden tify towards authorities the ec onomic operator who has supplied 
him with a lift or safety component for lifts or  to whom he has supplied a lift or safety 
component for lifts. 
3.3. Harmonised standards 
Compliance with harmonised st andards provides a presumpti on of conformity with the 
essential health and safety requirements. On  1 June 2011 the Commission adopted a proposal 
for a Regulation on European Standardisation
4 that sets out a horizontal legal framework for 
European standardisation. The pr oposal for the Regulation contai ns inter alia provisions on 
standardisation requests from the Commission to the European Standardisation Organisations, 
on the procedure for objections to harmonised standards and on stakehol der participation in 
the standardisation process. C onsequently the provisions of Di rective 95/16/EC which cover 
the same aspects have been deleted in this  proposal for reasons of legal certainty.  
The provision conferring presumption of conf ormity to harmonised standards has been 
modified to clarify the extent of the presumption of conformity  when standards only partially 
cover the essential health and safety requirements. 
                                                 
4 Proposal for a Regulation of the European Parliament and of the Council on European Standardisation 
and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the 
European Parliament and of the Council. COM(2011) 315 final EN 7   EN 3.4. Conformity assessment and CE marking 
Directive 95/16/EC has selected the appropria te conformity assessment procedures which 
installers have to apply in order to demonstrate that lifts they install comply with the essential health and safety requirements.  
The proposal aligns these procedures to their updated versions set out in the NLF Decision. 
Sector specific elements of the procedures have  been maintained. It also introduces a model 
for the EU Declaration of conformity. 
General principles of the CE marking are se t out in Article 30 of Regulation 765/2008, while 
the detailed provisions on the affixing of the CE marking to lifts and safety components for 
lifts have been inserted in this proposal. 
3.5. Notified Bodies 
The proposal reinforces the notification crite ria for notified bodies. It clarifies that 
subsidiaries or subcontractors mu st also comply with the notification requirements. Specific 
requirements for notifying authorities are intro duced, and the procedure for notification of 
notified bodies is revised. The competence of a notified body mu st be demonstrated by an 
accreditation certificate. Where accred itation has not been used to evaluate the competence of 
a notified body, the notification must compri se the documentation demonstrating how the 
competence of that body has been ev aluated. Member States will have the possibility to object 
to a notification. 
3.6. Market surveillance and the safeguard clause procedure 
The proposal revises the existing safeguard cl ause procedure. It introduces a phase of 
information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non -compliant lift or safety com ponent for lifts is found. A real 
safeguard clause procedure – leading to a Decision at Commissi on level on whether a 
measure is justified or not - is only launched when another Member State objects to a measure 
taken against a lift or a safety component for lifts. Where there is no disagreement on the 
restrictive measure taken, all Member States  must take the appropriate action on their 
territory. 
3.7. Comitology and Delegated acts 
The Treaty on the Functioning of the EU has intr oduced a clear distinction between delegated 
acts (Article 290) and implementing acts (Article  291) and clarified th e role of committees. 
Directive 95/16/EC provided for a Standing Committee. As this committee is not involved in 
the adoption of implementing acts provided for in Article 291 of the Treaty on the 
Functioning of the EU, and no need to a dopt implementing acts appears under the new 
Directive, this provision has been deleted in the proposal. 
The Commission will set up an expert work ing group in accordance with the Commission 
Communication - Framework for Commission expert groups: horizontal rules and public EN 8   EN register5, that will carry out the tasks of the St anding Committee provided for in Directive 
95/16/EC, to examine any question relating to the application of the Directive. 
The proposal introduces the power for the Comm ission to adopt delegated acts in order to 
adapt the list of safety components for lifts se t out in Annex III to technical progress and new 
scientific evidence. 
4. LEGAL ELEMENTS OF THE PROPOSAL  
Legal basis  
The proposal is based on Article 114 of the Tr eaty on the Functioning of the European Union. 
Subsidiarity principle 
The internal market is a competence that is shared between the Union and the Member States. 
The subsidiarity principle arises in particul ar with regard to th e newly added provisions 
aiming at the improvement of effective enfo rcement of Directive 95/16/EC namely, the 
importer and distributor obligations, the tra ceability provisions, the provisions on the 
assessment and notification of notified bodies, and the enhanced  cooperation obligations in 
the context of the revised market su rveillance and safeguard procedures.  
Experience with the enforcement of the legislat ion has shown that meas ures taken at national 
level have led to divergent approaches and to  a different treatment of economic operators 
inside the EU, which undermines the objective of  this directive. If actions are taken at 
national level to address the problems, this risks creating obstacles to the free movement of goods. Furthermore action at natio nal level is limited to the territorial competence of a 
Member State. In view of the increasing inte rnationalisation of trad e, the number of cross-
border cases is constantly rising. Coordinated ac tion at EU level can much better achieve the 
objectives set, and will in particular render ma rket surveillance more effective. Hence it is 
more appropriate to take  action at EU level. 
As regards the problem of inconsistencies thro ughout the directives, th is is a problem which 
can only be solved by the EU legislator. 
Proportionality  
In accordance with the principle of proportionality, the proposed modifications do not go 
beyond what is necessary to achieve the objectives set.  
The new or modified obligations do not impos e unnecessary burdens an d costs on industry - 
especially on small and medium sized enterpri ses - or administrations . Where modifications 
have been identified to have negative impacts, the analysis of the impacts of the option serves 
to provide the most proportionate response to the problems identified. A number of 
modifications concern the improvement of clarity of the existing Directive without introducing new requirements th at entail added cost.  
Legislative technique used 
                                                
 
5 C(2010) 7649 final EN 9   EN The alignment to the NLF Deci sion requires a number of subs tantive amendments to the 
provisions of Directive 95/16/EC. To ensure the readability of the amended text the technique 
of recasting has been chosen in line with th e Interinstitutional Agreement of 28 November 
2001 on a more structured use of th e recasting technique  for legal acts6.  
The changes made to the provisions of Dir ective 95/16/EC concern: the definitions, the 
obligations of economic operators, the presum ption of conformity provided by harmonised 
standards, the declaration of conformity, CE  marking, notified bodies, the safeguard clause 
procedure and the conformity assessment procedures. 
The proposal does not change the scope of Dir ective 95/16/EC and the essential health and 
safety requirements. 
5. BUDGETARY IMPLICATIONS  
This proposal does not have any im plications for the Union budget. 
6. ADDITIONAL INFORMATION  
Repeal of existing legislation 
The adoption of the proposal will lead  to repeal of Directive 95/16/EC. 
European Economic Area 
The proposal concerns the EEA and should therefore be extended to the European Economic 
Area. 
                                                 
6 OJ C 77, 28.3.2002, p. 1–3 EN 10   EN  
Ð 95/16/EC (adapted) 
2011/0354 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the ⌦ harmonisation ⌫ approximation  of the laws of the Member States relating to 
⌦making available on the market of ⌫lifts ⌦ and safety components for lifts ⌫ 
(Recast) 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community  ⌦ on the Functioning of 
the European Union ⌫ , and in particular Article 100a  ⌦ 114 ⌫ thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
7, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: 
 
Ð 95/16/EC recital 1  
Whereas Member States are responsible within their territory for the health and safety of 
people;  
 
Ð 95/16/EC recital 2 (adapted) 
Whereas paragraphs 65 and 68 of the White Paper on the completion of the internal market, 
approved by the European Council in June 1985, provide for a new approach to the 
approximation of laws;  
                                                 
7 OJ C […]. EN 11   EN  
Ð 95/16/EC recital 3 (adapted) 
Whereas Council Directive 84/529/EEC of 17 September 1984 on the approximation of the 
laws of the Member Sta tes relating to electrically, hydraulically or oil -electrically operated 
lifts8 does not ensure freedo m of movement for all types of lift; whereas disparities between 
the binding provisions of the various nationa l systems for types of lift not covered by 
Directive 84/529/EEC constitute barriers to trad e within the Community; whereas the national 
rules on lifts should th erefore be harmonized;  
 
Ð 95/16/EC recital 4 (adapted) 
Whereas Council Directive 84/528/EEC  of 17 September 1984 on the approx imation of the 
laws of the Member States relating to comm on provisions for lifting and mechanical handling 
appliances9 serves as a framework Directive for tw o specific Directives, namely Directive 
84/529/EEC and Council Directiv e 86/663/EEC of 22 December 1986 on the approximation 
of the laws of the Member States relating to self -propelled industrial trucks10, repealed by 
Council Directive 91/368/EEC  of 20 June 1991 amending Directive 89/392/EEC on the 
approximation of the laws of the Member States relating to machinery11; 
 
Ø new 
(1) Directive 95/16/EC of the European Par liament and the Council of 29 June 1995 on 
the approximation of the laws of the Member States relating to lifts12 has been 
substantially amended several times. Since further amendments are to be made, it 
should be recast in the interests of clarity. 
(2) Regulation (EC) No 765/2008 of the European Parliament and of th e Council of 9 July 
2008 setting out the requirements for accredi tation and market surveillance relating to 
the marketing of products and repealing Regulation (EEC) No 339/9313 lays down 
rules on the accreditation of conformity assessment bodies, provides a framework for 
the market surveillance of products and for c ontrols on products from third countries, 
and lays down the general principles of th e CE marking. In order to ensure legal 
certainty, it is necessary to clarify that ru les on Union market surveillance and control 
of lifts and safety components for lifts entering the Union market provided for in 
Regulation (EC) No 765/2008 apply to lifts a nd safety components for lifts covered by 
this Directive. This Direc tive should not prevent Member  States from choosing the 
competent authorities to carry out those tasks. 
(3) Decision No 768/2008/EC of the European Pa rliament and of the Council of 9 July 
2008 on a common framework for the marketi ng of products, and repealing Council 
                                                 
8 OJ No L 300, 19. 11. 1984, p. 86. Directive as last amended by Directive 9 0/486/EEC (OJ No L 270, 2. 
10. 1990, p. 21).  
9 OJ No L 300, 19. 11. 1984, p. 72. Directive as last amended by Directive 88/665/EEC (OJ No L 382, 
31. 12. 1988, p. 42).  
10 OJ No L 384, 31. 12. 1986, p. 12.  
11 OJ No L 198, 22. 7. 1991, p. 16.  
12 OJ No L 213, 7. 9. 1995, p. 1. 
13 OJ L 218, 13.8.2008, p. 30. EN 12   EN Decision 93/465/EEC14 lays down a common framework of general principles and 
reference provisions intended to apply across the legislation harmonising the 
conditions for the marketing of products in  order to provide a coherent basis for 
revision or recasts of that legislation. Di rective 95/16/EC should therefore be adapted 
to that Decision. 
 
Ð 95/16/EC recital 5 (adapted) 
(4) Whereas  oOn 8 June 1995 the Commission adopted recommendation No 95/216/EC15 
to the Member States concerning impr ovement of safety of existing lifts; . 
 
Ð 95/16/EC recital 6 (adapted)  
Whereas t he essential requirements of this Dir ective will guarantee the intended level o f 
safety only if appropriate conformity assessment procedures, chosen from among the 
provisions of Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the 
various phases of the confor mity assessment procedures and the rules for the affix ing and use 
of the CE conformity marking, which are intend ed to be used in the technical harmonization 
directives16 ensure compliance therewith.  
 
Ð 95/16/EC recital 7 (adapted) 
Whereas the CE marking must be vi sibly affixed to lifts or to cert ain safety components of 
lifts which meet the essential health and safety requirements of this Directive to enable them 
to be placed on the market;  
 
Ð 95/16/EC recital 8 (adapted) 
Whereas this Directive defines only general essential health a nd safety requirements; whereas, 
in order to help manufacturer s prove conformity with these essential requirements, it is 
desirable to have standards harmonized at Eur opean level concerning th e prevention of risks 
arising from the desi gn and installation o f lifts, and also in order to enable conformity with 
the essential requirements to be verified; wher eas such standards are drawn up at European 
level by private -law bodies and must retain their non -binding status; whereas, for this 
purpose, the European Co mmittee for Standardization (CEN) and the European Committee 
for Electrotechnical Standardiza tion (Cenelec) are recognized as the competent bodies for 
adopting harmonized standards in accordance w ith the general guidelines for cooperation 
between the Commi ssion and CEN and Cenelec signed on 13 November 1984; whereas a 
harmonized standard within the meaning of this  Directive is a techni cal specification adopted 
by CEN and/or Cenelec on the basis of a manda te from the Commission in accordance with 
Council Dir ective 83/189/EEC of 28 March 1983 layi ng down a procedure for the provision 
of information in the field of technical standards and regulations17 and pursuant to the 
abovementioned general guidelines;  
                                                 
14 OJ L 218, 13.8.2008, p. 82. 
15 OJ No L 134, 20. 6. 1995, p. 37. 
16 OJ No L 220, 30. 8. 1993, p. 23.  
17 OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by European Parliament and Council 
Directive 94/10/ EC (OJ No L 100, 19. 4. 1994, p. 30).  EN 13   EN  
Ð 95/16/EC recital 10 (adapted) 
Whereas t his Directive is designed to cover all risk s caused by lifts and run by their users and 
by the occupants of the constructio n; whereas this Directive shoul d therefore be regarded as a 
Directive within the meaning of Ar ticle 2(3) of Council Directive 89/106/ EEC of 21 
December 1988 on the approximation of laws, regul ations and administ rative provisions of 
the Member States relati ng to construction products18; 
 
Ð 95/16/EC recital 11(adapted) 
Whereas an agreement on a modus vivendi  between the Europ ean Parliament, the Council and 
the Commission concerning the implementing meas ures for acts adopted in accordance with 
the procedure laid down in Ar ticle 189b of the EC Treaty was reached on 20 December 1994,  
 
Ø new 
(5) Economic operators should be responsible for the compliance of lifts and safety 
components for lifts, in relation to their respective roles in  the supply chain, so as to 
ensure a high level of protect ion of public interests, such as health and safety, and the 
protection of consumers and to guarantee fair competition on the Union market. 
(6) All economic operators interv ening in the supply and di stribution chain should take 
appropriate measures to ensure that they only make available on the market lifts and 
safety components for lifts which are in conformity with this Directive. It is necessary 
to provide for a clear and proportionate dist ribution of obligations which correspond to 
the role of each operator in the supply and distribution process. 
(7) The manufacturer and instal ler, having the detailed know ledge of the design and 
production process, are best placed to carry out the complete conformity assessment 
procedure. Conformity assessment should therefore remain the obligation of the 
installer or manufacturer alone. 
(8) It is necessary to ensure th at safety components for lifts from third countries entering 
the Union market comply with the requirements of this Directive, and in particular that 
the appropriate assessment procedures have been carried out by the manufacturer with 
regard to those safety components for lifts . Provision should therefore be made for 
importers to make sure that the safety co mponents for lifts they place on the market 
comply with the requirements of this Dir ective and that they do not place on the 
market safety components for lifts which do not comply with such requirements or 
present a risk. Provision should also be made for importers to make sure that 
conformity assessment procedures have been carried out and that safety component for 
lifts marking and documentation drawn up by manufacturers are available for 
inspection by the superv isory authorities.  
(9) The distributor makes a safety component for lifts available on the market after it has 
been placed on the market by the manufacturer  or the importer and should act with due 
                                                 
18 OJ No L 40, 11. 2. 1989, p. 12.  EN 14   EN care to ensure that its hand ling of the safety component for lifts does not adversely 
affect the compliance of the safety component for lifts. 
(10) When placing a safety component for lifts  on the market, every importer should 
indicate on the safety component for lifts hi s name and the address at which he can be 
contacted. Exceptions should be provided for in cases where the size or nature of the 
safety component for lifts does not allow it. This includes cases where the importer 
would have to open the packaging to pu t his name and address on the safety 
component for lifts. 
(11) Any economic operator that either places a li ft or safety component for lifts on the 
market under his own name or trademark or modifies a lift or safety component for 
lifts in such a way that compliance with the requirements of th is Directive may be 
affected should be considered to be the installer or manufacturer and should assume 
the obligations of the in staller or manufacturer. 
(12) Distributors and importers, being close to the market place, should be involved in 
market surveillance tasks carried out by the competent national authorities, and should 
be prepared to participate actively, providing t hose authorities with all necessary 
information relating to the safety  components for lifts concerned. 
(13) Ensuring traceability of lifts or safety co mponents for lifts throughout the whole 
supply chain helps to make market survei llance simpler and more efficient. An 
efficient traceability system facilitates market surveillanc e authorities' task of tracing 
economic operators who made non-compliant lifts or safety components for lifts 
available on the market.  
(14) This Directive should be limited to the expr ession of the essential health and safety 
requirements. In order to facilitate conformity assessment for lifts and safety 
components for lifts with those requirements it is necessary to provide for presumption 
of conformity for lifts and safety component s for lifts which are in conformity with 
harmonised standards that are adopted in acco rdance with Regulation (EU) No [../..] of 
the European Parliament and of the Council of [...] on European Standardisation and 
amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 
94/25/EC, 95/16/EC, 97/23/EC, 98/34/ EC, 2004/22/EC, 2007/23/EC, 2009/105/EC 
and 2009/23/EC of the European Parliament and of the Council19 for the purpose of 
expressing detailed technical specifications of  those requirements. The essential health 
and safety requirements of this Directive will guarantee the intended level of safety 
only if appropriate conformity assessment  procedures ensure compliance therewith. 
(15) Regulation (EU) No [../..] [ on European Standardisation] provides for a procedure for 
objections to harmonised standards where those standards do not  entirely satisfy 
requirements of this Directive. 
(16) In order to enable economic operators to de monstrate and the competent authorities to 
ensure that lifts or safety components for lifts made available on the market conform 
to the essential health and safety requirements  it is necessary to provide for conformity 
assessment procedures. Decision No 768/2008/EC  establishes modules for conformity 
assessment procedures, which include procedur es from the least to the most stringent, 
                                                 
19 OJ C […], [Date], p. […]. EN 15   EN in proportion to the level of risk involved an d the level of safety required. In order to 
ensure inter-sectoral coherence and to a void ad-hoc variants, conformity assessment 
procedures should be chosen from among those modules. 
(17) The installer or the manufacturer should draw  up an EU declaration of conformity to 
provide detailed information on the conformity of a lift or safety components for lifts 
with the requirements of the releva nt Union harmonisation legislation.  
(18) The CE marking, indicating the conformity of  a lift or safety co mponents for lifts, is 
the visible consequence of a whole proce ss comprising conformity assessment in a 
broad sense. General principles governing the CE marking are se t out in Regulation 
(EC) No 765/2008. Rules governing the affixi ng of the CE marking should be laid 
down in this Directive. 
(19) The conformity assessment pro cedures set out in this Directive require the intervention 
of conformity assessment bodies, which are notified by the Member States to the 
Commission. 
(20) Experience has shown that th e criteria set out in Direc tive 95/16/EC that conformity 
assessment bodies have to fulfil to be notif ied to the Commission are not sufficient to 
ensure a uniformly high level of performan ce of notified bodies th roughout the Union. 
It is, however, essential that all notified bodies perform their f unctions to the same 
level and under conditions of fair competiti on. That requires the setting of obligatory 
requirements for conformity assessment bodi es wishing to be notified in order to 
provide conformity assessment services. 
(21) In order to ensure a consistent level of conformity assessment quality it is also 
necessary to set requirements  for notifying authorities and other bodies involved in the 
assessment, notification and monitoring of notified bodies. 
(22) If a conformity assessment body demonstrates conformity with the criteria laid down 
in harmonised standards, it should be presumed to co mply with the corresponding 
requirements set out in this Directive. 
(23) The system set out in this Directive should be complemented by the accreditation 
system provided for in Regulation (EC)  No 765/2008. Since ac creditation is an 
essential means of verifying the compet ence of conformity assessment bodies, it 
should also be used for th e purposes of notification. 
(24) Transparent accreditation as provided for in Regulation (EC) No 765/2008, ensuring 
the necessary level of confidence in confor mity certificates, should be considered by 
the national public authorities throughout the Union as the preferred means of 
demonstrating the technical competence of conformity assessment bodies. However, 
national authorities may consider that they  possess the appropriate means of carrying 
out this evaluation themselves. In such cases, in order to ensure the appropriate level 
of credibility of evaluations carried out by other national author ities, they should 
provide the Commission and th e other Member States with the necessary documentary 
evidence demonstrating the compliance of th e conformity assessment bodies evaluated 
with the relevant regu latory requirements. 
(25) Conformity assessment bodies frequently subcon tract parts of their activities linked to 
the assessment of conformity or have recour se to a subsidiary. In  order to safeguard EN 16   EN the level of protection required for the products  to be placed on the Union market, it is 
essential that conformity assessment subcontractors and subsidiaries fulfil the same 
requirements as notified bodies in relati on to the performa nce of conformity 
assessment tasks. Therefore, it is important  that the assessment of the competence and 
the performance of bodies to be notified and the monitori ng of bodies already notified 
cover also activities carried out by subcontractors and subsidiaries. 
(26) It is necessary to increase the efficiency a nd transparency of the notification procedure 
and, in particular, to adapt it to new technol ogies so as to enable online notification. 
(27) Since notified bodies may offer their services  throughout the Union, it is appropriate to 
give the other Member States and the Co mmission the opportunity to raise objections 
concerning a notified body. It is therefore important to provide for a period during 
which any doubts or concerns as to the co mpetence of conformity assessment bodies 
can be clarified before they start operating as notified bodies. 
(28) In the interests of compe titiveness, it is crucial that  notified bodies apply the 
conformity assessment procedures without  creating unnecessary burdens for economic 
operators. For the same reason, and to ensu re equal treatment of  economic operators, 
consistency in the technical application of the conformity assessment procedures needs 
to be ensured. That can best be achie ved through appropriate  coordination and 
cooperation between notified bodies. 
(29) Directive 95/16/EC already provides for a sa feguard procedure which applies only in 
the event of disagreement between Member States over measures taken by a Member 
State. In order to increase transparency and to reduce processing time, it is necessary 
to improve the existing safeguard clause pr ocedure, with a view to making it more 
efficient and drawing on the expert ise available in Member States. 
(30) The existing system should be supplement ed by a procedure under which interested 
parties are informed of measur es intended to be taken with regard to lifts or safety 
components for lifts presenting a risk to the health and safety of persons or to other 
aspects of public interest protection. It should also allow market surveillance 
authorities, in cooperation with the relevant  economic operators, to act at an earlier 
stage in respect of such lifts and safety components for lifts. 
(31) Where the Member States and the Commission agree as to the justification of a 
measure taken by a Member State, no furt her involvement of the Commission should 
be required, except where non-compliance ca n be attributed to shortcomings of a 
harmonised standard. 
(32) In order to keep the list of  safety components for lifts up to date, the power to adopt 
acts in accordance with Artic le 290 of the Treaty on the Functioning of the European 
Union should be delegated to the Commission in  respect of adaptations of Annex III to 
this Directive to technical progress and new scientific evidence. It is of particular 
importance that the Commission carry out  appropriate consultations during its 
preparatory work, including at expert level. 
(33) The Commission, when preparing and draw ing-up delegated acts, should ensure a 
simultaneous, timely and appropriate transm ission of relevant documents to the 
European Parliament and Council. EN 17   EN (34) In order to monitor and ensure the efficien cy in the application of this Directive, 
Member States should be required to send a report on the application of the Directive 
to the Commission. The Commission should th en draw up and publish a summary of 
the reports. 
(35) The Member States should lay down rules on penalties applicable to infringements of 
the national provisions adopted pursuant to th is Directive and ensure that they are 
implemented. Those penalties should be effective, proportionate and dissuasive. 
(36) Since the objective of this Di rective, namely to ensure th at lifts and safety components 
for lifts on the market fulfil the requiremen ts providing a high level of protection of 
health and safety and other public interest s while guaranteeing the functioning of the 
internal market, cannot be sufficiently achieved by the Member States and can 
therefore, by reason of its scale and effect s, be better achieved at Union level, the 
Union may adopt measures, in accordance with the principle of subs idiarity as set out 
in Article 5 of the Treaty on European Un ion. In accordance with the principle of 
proportionality, as set out in that Article, this Directive does not go beyond what is 
necessary in order to achieve that objective. 
 
Ð 95/16/EC recital 9 (adapted) 
Ö new 
(37) Whereas  provisions should be made  ⌦ It is necessary to provide ⌫ for transitional 
arrangements to enable installers to place on the market lifts manufactured before the 
date of implementation of this Directive;  Ö that allow making available on the market 
and putting into service of lifts that have  already been placed on the market in 
accordance with Directive 95/16/EC.   
 
Ø new 
(38) It is necessary to provide for transitional arrangements that allow making available on 
the market of safety components for lifts that  have already been placed on the market 
in accordance with Directive 95/16/EC. EN 18   EN (39) The obligation to transpose this Directive in to national law should be  confined to those 
provisions which represent a substantive change as compared with the earlier 
Directive. The obligation to  transpose the provisions which are unchanged arises under 
the earlier Directive. 
(40) This Directive should be without prejudice to the obligations of the Member States 
relating to the time-limits for transposition into national law and application of the 
Directives set out in Annex XIII, Part B. 
 
Ð 95/16/EC (adapted) 
HAVE ADOPTED THIS DIRECTIVE: 
CHAPTER  I 
SCOPE , PLACING ON THE MARK ET AND FREE MOVEMENT  
⌦ GENERAL PROVISIONS ⌫ 
Article 1 
 
⌦ Scope ⌫ 
1. This Directive shall apply to lifts permanently  serving buildings and constructions It shall 
also apply to the safety components for use i n such lifts listed in Annex IV .  
 
Ð 2006/42/EC Art. 24.1 (adapted) 
2. For the purposes of thi s Directive, ‘lift’ shall mean a lifting appliance serving specific 
levels, having a carrier moving al ong guides which are rigid and in clined at an angle of more 
than 15 degrees to the horizontal,  and intended for the transport of: 
 
Ð 2006/42/EC Art. 24.1 
(a) -  persons, ; 
(b) -  persons and goods, ; 
(c) -  goods alone if the carrier is  accessible, that is to say a person may enter it without 
difficulty, and fitted with controls situated inside  the carrier or within reach of a person inside 
the carrier. 
 
Ð 95/16/EC (adapted) 
⌦ This Directive shall also apply to the safety components for lifts  for use in such lifts listed 
in Annex III. ⌫ EN 19   EN  
Ð 2006/42/EC Art. 24.1 (adapted) 
Lifting appliances movin g along a fixed course even wher e they do not move along guides 
which are rigid shall be consid ered as lifts falling within the scope of this Directive.  
 
Ð 2006/42/EC Art. 24.1  
3.2. This Directive shall not apply to: 
(a) -  lifting appliances whose speed is not greater than 0,15 m/s; 
(b) -  construction site hoists; 
(c) -  cableways, including funicular railways; 
(d) -  lifts specially designed and constructed for military or police purposes; 
(e) -  lifting appliances from which work can be carried out; 
(f) -  mine winding gear; 
(g) -  lifting appliances intended for lifting performers during artistic performances; 
(h) -  lifting appliances fitted in means of transport; 
(i) -  lifting appliances connected to machiner y and intended exclusively for access to 
workstations including maintenance a nd inspection points on the machinery; 
(j) -  rack and pinion trains; 
(k) -  escalators and mechanical walkways. 
 
Ð 95/16/EC (adapted) 
5.3. Where, for lifts ⌦ or safety components for lifts ⌫, the risks referred to in this 
Directive are wholly or partly  covered by specific Directives  ⌦ Union legislation, and in 
particular Directive 2006/42/EC20 and Directive 2004/108/EC21, ⌫ this Directive shall not 
apply or shall cease to apply in the case of such lifts ⌦ or safety components for lifts ⌫ and 
such risks as from application of these  ⌦ that ⌫ specific Directives  ⌦ Union 
legislation. ⌫ 
Article 2  [Article R1 of Decision No 768/2008/EC] 
 
⌦ Definitions ⌫ 
4. For the purposes of this Directive ⌦ the following definitions apply ⌫ : 
                                                 
20 OJ L 157, 9.06.2006, p. 24. 
21 OJ No L 390, 31.12.2004, p. 24. EN 20   EN  
Ð 2006/42/EC Art. 24.1 (adapted) 
⌦ (1) 'lift’ means a lifting appliance serving specific levels, having a carrier moving along 
guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, or a 
lifting appliance moving along a fixed course ev en where it does not move along rigid guides; 
⌫ 
(2) A 'carrier' means a part of the lift by which persons and/or goods are supported in order to 
be lifted or lowered, ; 
 
Ð 95/16/EC (adapted) 
(3)- a 'model lift' shall mean  ⌦ means ⌫ a representative lift whose technical dossier  
⌦ file ⌫ shows the way in which the essential ⌦ health and ⌫ safety requirements ⌦ set 
out in Annex I ⌫ will be met for lifts which conform to the model lift defined by objective 
parameters and which uses identical safety components ⌦ for lifts ⌫,;  
(4)- the ‘installer of a lift ' shall mean  ⌦ means ⌫ the natural or legal person who takes 
responsibility for the design, manufacture, insta llation and placing on the market of the lift 
and who affixes the CE marking and draw s up the EC declaration of conformity ,; 
– «placing on the market of the lift» s hall occur when the installer first makes the lift 
available to the user,  
– «safety component» shall mean a co mponent as listed in Annex IV,  
– the «manufacturer of the safety components»  shall mean the natural or legal person 
who takes responsibility for the d esign and manufacture of the safety components 
and who affixes the CE marking and draw s up the EC declaration of conformity,  
 
Ø new 
(5) ‘making available on the market’ means a ny supply of a safety component for lifts for 
distribution or use on the Union market or any s upply of a lift for use on the Union market in 
the course of a commercial activity, whether in return for payment or free of charge; 
(6) 'placing on the market' means the first making available of a lift or a safety component for 
lifts on the Union market; 
(7) 'manufacturer' means any natural or lega l person who manufactures  a safety component 
for lifts or has a safety component for lifts de signed or manufactured and markets it under his 
name or trademark; 
(8) ‘authorised representative’ means any natura l or legal person established within the Union 
who has received a written mandate from a manuf acturer to act on his be half in relation to 
specific tasks; 
(9) ‘importer’ means any natural or legal pers on established within the Union who places a 
safety component for lifts from a third country on the Union market; EN 21   EN (10) ‘distributor’ means any natural or lega l person in the supply chain, other than the 
manufacturer or the importer, who makes a safety component for lifts available on the market; 
(11) ‘economic operators’ means the manufactur er or his authorised  representative, the 
importer or the distributor of a safety component for lifts or the installer; 
(12) ‘harmonised standard’ means harmonised st andard as defined in Article 2(1)(c) of 
Regulation (EU) No [../..] [on European Standardisation]; 
(13) ‘technical specification" means a document that prescribes technical requirements to be 
fulfilled by a lift or a safety component for lifts; 
(14) ‘conformity assessment’ means the proces s demonstrating whether the essential health 
and safety requirements set out in Annex I relati ng to a lift or a safety component for lifts, 
process and system have been fulfilled; 
(15) ‘conformity assessment body’ means a body that performs conformity assessment 
activities including calib ration, testing, certification and inspection; 
(16) ‘recall’ means any measure aimed at achievi ng the return of a safety component for lifts 
that has already been made available to the installer; 
(17) ‘withdrawal’ means any measure aimed at preventing a lift from being placed on the 
market or a safety component for lifts from being made available on the market; 
(18) ‘CE marking’ means a marking by which the installer or the manufacturer indicates that 
the lift or safety component for lifts are in conf ormity with the applicable requirements set out 
in Union harmonisation legisla tion providing for its affixing; 
(19) ‘Union harmonisation legislation’ m eans any Union legislation harmonising the 
conditions for the marketing of products. 
 
Ð 95/16/EC (adapted) 
Ö new 
Article 4 3 
⌦ Freedom of movement ⌫ 
1. Member States may not prohibit,  restrict or impede the placing  Ö making available  on 
the market or putting into service on their territory  of lifts and/ or Ö the making available on 
the market of  safety components ⌦ for lifts on their territory ⌫ which comply with this 
Directive. 
2. Member States may not prohibit, restrict  or impede the plac ing on the market of 
components Ö not covered by Annex III  which, on the basis of a declaration by the 
manufacturer or his authorised repr esentative established in the Community  ⌦ Union ⌫ , 
are intended to be incorporated into a lift covered by this Directive. EN 22   EN 3.5. At trade fairs, exhibitions or  demonstrations in particular , Member States shall not 
prevent the showing of lif ts or safety components ⌦ for lifts ⌫ which do not conform to the  
Community provisions in force  ⌦ are not in conformity with this Directive ⌫, provided that 
a visible sign clearly indicates that ⌦ they ⌫ such lifts or safety components are not in 
conformity and ⌦ will not be made available ⌫ are not for sale  until they have been 
brought into conformity by  the installer of the lift, the ma nufacturer of the safety components 
or the latter's authorized representative established in the Community . During demonstrations, 
adequate safety measures shall be take n to ensure the protection of persons. 
4. Without prejudice to paragra phs 1, 2 and 3, the provisions of  tThis Directive shall not 
affect Member States' entitlement to lay down in conformity with the Treaty  ⌦ legislation of 
the Union ⌫ such requirements as they may deem necessary to ensure that persons are 
protected when the lifts in question are put into  service or used, provided that this does not 
mean that the lifts are modified in a way not specified in the  ⌦ this ⌫ Directive.  
Article 42   
 
⌦ Making available on the market ⌫ 
1. Member States shall take all appr opriate measures to ensure that ⌦ the ⌫ - lifts covered 
by this Directive may be placed on the market a nd put into service only if they are not liable 
to ⌦ do not ⌫ endanger the health or safety of pers ons or, where appropriate, the safety of 
property, when properly installed and maintain ed and used for their intended purpose. 
⌦ 2. Member States shall take all appropriate measures to ensure that ⌫ - safety 
components ⌦ for lifts ⌫ covered by this Directive may be placed  Ö made available  on 
the market and put into service only if the lifts in which they are to be installed are not liable 
to ⌦ do not ⌫ endanger the health or safety of pers ons or, where appropriate, the safety of 
property when properly installed and maintain ed and used for their intended purpose. 
Article 53  
 
⌦ Essential health and safety requirements ⌫ 
 
Ð 95/16/EC  
1. Lifts covered by this Directive must satisfy th e essential health and safety requirements set 
out in Annex I. 
 
Ð 95/16/EC (adapted) 
2. The Ssafety components ⌦ for lifts ⌫ covered by this Directive must satisfy the essential 
health and safety requirements set out in Annex I or enable the lifts in which they are installed 
to satisfy ⌦ those ⌫ the said essential  requirements. EN 23   EN Article 6  
 
⌦ Buildings or constructions in which lifts are installed ⌫ 
1. 2. Member States shall take al l appropriate measures to ensu re that the person responsible 
for work on the building or construction and the installer of the lift, on the one  hand, keep  
⌦ both provide ⌫ each other ⌦ with the necessary information ⌫ informed of the facts 
necessary for, and, on the other hand,  take the appropriate steps ⌦ in order ⌫ to ensure the 
proper operation and safe use of the lift. 
 
Ð 95/16/EC  
2. 3. Member States shall take all necessary measur es to ensure that shafts intended for lifts 
do not contain any piping or wiring or fittings other than that necessary for the operation and 
safety of the lift. 
 
Ø new 
CHAPTER  II 
OBLIGATIONS  OF ECONOMIC  OPERATORS   
Article 7 [Article R2 of Decision No 768/2008/EC]  
 
Obligations of installers  
1. When placing a lift on the market or putting a lif t into service, installers shall ensure that it 
has been designed, manufactured, in stalled and tested in accordanc e with the essential health 
and safety requirements set out in Annex I.  
2. Installers shall draw up th e technical file a nd carry out the app licable conformity 
assessment procedure referred to in Article 16 or have it carried out. 
Where the compliance of the lift with the appl icable requirements has been demonstrated by 
that procedure, the installer sh all draw up an EU declaration of  conformity, ensure that it 
accompanies the lift, and affix the CE marking.  
3. The installer shall keep the required technical file and the EU declaration of conformity 
and, where applicable, the approva l decision(s) for 10 years after the lift has been placed on 
the market. 
4. When deemed appropriate with regard to the risks presented by a lift, installers shall, to 
protect the health and safety of  consumers investigate, and, if  necessary, keep a register of 
complaints, of non-conforming lifts and shall keep distributors informed of any such 
monitoring. 
5. Installers shall ensure that lifts bear a type , batch, serial number or other element allowing 
their identification. EN 24   EN 6. Installers shall indicate thei r name, registered trade name or registered trade mark and the 
address at which they can be contacted. The a ddress must indicate a single point at which the 
installer of lifts can be contacted. 
7. Installers shall ensure that the lift is accompanied by the inst ruction for use referred to in 
point 6.2 of Annex I, in a language which can easily be understood by end-users, as 
determined by the Member State in which the lift is installed. 
8. Installers who consider or have  reason to believe that a lift which they have installed is not 
in conformity with this Direct ive shall immediately take the n ecessary corrective measures to 
bring that lift into conformity. Furthermore, wh ere the lift presents a risk, installers shall 
immediately inform the competent national author ities of the Member States in which they 
installed the lift to that effect, giving details, in particular, of the non-conformity and of any 
corrective measures taken. 
9. Installers shall, further to a reasoned request  from a competent national authority, provide it 
with all the information and documentation nece ssary to demonstrate the conformity of the 
lift, in a language which can be easily understood by that authority.  
They shall cooperate with that  authority, at its request, on a ny action taken to eliminate the 
risks posed by lifts whic h they have installed. 
Article 8 [Article R2 of Decision No 768/2008/EC]  
 
Obligations of manufacturers  
1. When placing safety components for lifts on the market, manufacturer s shall ensure that 
they have been designed and manufactured in a ccordance with the essential health and safety 
requirements set out in Annex I. 
2. Manufacturers shall draw up the required tec hnical file and carry out the conformity 
assessment procedure referred to in Article 15 or have it carried out  
Where compliance of the safety component for lif ts with the applicable  essential health and 
safety requirements has been demonstrated by th at procedure, the manuf acturer shall draw up 
an EU declaration of conformity, ensure that  it accompanies the safety component for lifts 
and affix the CE marking. 
3. The manufacturer shall keep the technical file  and the EU declaration of conformity and, 
where applicable, the approval decision(s) for 10 years after the safety component for lifts has 
been placed on the market. 
4. When deemed appropriate with  regard to the risk s presented by a safety component for 
lifts, manufacturers shall, to protect the health  and safety of consumers, carry out sample 
testing of safety component for lifts made av ailable on the market, investigate, and, if 
necessary, keep a register of complaints, of non-conforming safety component for lifts and 
recalls of the safety co mponent for lifts, and shall keep dist ributors and installers informed of 
any such monitoring. 
5. Manufacturers shall ensure that their safety co mponents for lifts bear a type, batch or serial 
number or other element allowi ng their identification, or, wher e the size or nature of the EN 25   EN safety component for lifts does not allow it, th at the required information is provided on the 
packaging or in a document accompanying the safety component for lifts. 
6. Manufacturers shall indicate their name, register ed trade name or registered trade mark and 
the address at which they can be contacted on th e safety component for lifts or, where that is 
not possible, a label inseparably attached to the safety component for lifts. The address must 
indicate a single point at which th e manufacturers can be contacted. 
7. Manufacturers shall ensure th at the safety component for lifts is accompanied by the 
instruction manual referred to in Point 6.1 of Annex I, in a language which can easily be 
understood by end-users, as determined  by the Member State concerned. 
8. Manufacturers who consider or have reason to  believe that a safety component for lifts 
which they have placed on the market is not in conformity with this Directive shall 
immediately take the necessary corrective measures to  bring that safety component for lifts 
into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the safety 
component for lifts presents a risk, manufact urers shall immediately inform the competent 
national authorities of the Member States in  which they made the sa fety components for lifts 
available to that effect, givi ng details, in particular, of the non-conformity and of any 
corrective measures taken. 
9. Manufacturers shall, further to a reasoned request from a compet ent national authority, 
provide it with all the information and do cumentation necessary to demonstrate the 
conformity of the safety components for lifts, in a language which can be easily understood 
by that authority.  
They shall cooperate with that authority, at its request, on any action taken to eliminate the 
risks posed by safety components for lifts  which they have placed on the market.  
Article 9 [Article R3 of Decision No 768/2008/EC]  
 
Authorised representatives  
1. A manufacturer may, by a written mandate, a ppoint an authorised  representative.  
2. The obligations laid down in Article 8(1) an d the drawing up of the technical file referred 
to in Article 8(2) shall not form part of the authorised representative’s mandate. 
3. An authorised representative shall perform th e tasks specified in the mandate received from 
the manufacturer. The mandate shall allow the authorised representative to do at least the 
following:  
(a) keep the EU declaration of conformity and, where applicable, th e approval decision(s) 
relating to the manufacturer's quality assurance sy stem, and the technical file at the disposal 
of the national surveillance authorities for a peri od of 10 years after the safety component for 
lifts has been placed on the market;  
(b) further to a reasoned request from a compet ent national authority, pr ovide that authority 
with all the information and documentation nece ssary to demonstrate the conformity of the 
safety components for lifts; EN 26   EN (c) cooperate with the competent national authorit ies, at their request, on any action taken to 
eliminate the risks posed by the safety com ponent for lifts covered by the authorised 
representative’s mandate. 
Article 10 [Article R4 of  Decision No 768/2008/EC]  
Obligations of importers of safety components for lifts 
1. Importers shall place only compliant safe ty components for lifts on the market. 
2. Before placing a safety component for lifts on  the market, importers shall ensure that the 
appropriate conformity assessment procedure ha s been carried out by the manufacturer. They 
shall ensure that the manufacturer has drawn up the technical file, that the safety component 
for lifts bears the CE marking and is accompan ied by the EU declaratio n of conformity and 
the instruction manual and that the manufacturer  has complied with the requirements set out 
in Article 8(5) and 8(6).  
Where an importer considers or has reason to belie ve that a safety component for lifts is not in 
conformity with the essential health and safety  requirements set out in Annex I, he shall not 
place the safety component for lifts on the mark et until it has been brought into conformity. 
Furthermore, where the safety component for lif ts presents a risk, the importer shall inform 
the manufacturer and the market surve illance authorities to that effect.  
3. Importers shall indicate their name, registered trade name or registered trade mark and the 
address at which they can be contacted on the sa fety component for lifts or, where that is not 
possible, on its packaging or in a document accompanying the safety component.  
4. Importers shall ensure that the safety comp onent for lifts is accompanied by instructions 
and safety information in a language which can  be easily understood by consumers and other 
end-users, as determined by the Member State concerned.  
5. Importers shall ensure that, while a safety co mponent for lifts is under their responsibility, 
storage or transport conditions do not jeopardise its compliance with the essential health and 
safety requirements set out in Annex I. 
6. When deemed appropriate with regard to the risks presented by a safety component for 
lifts, importers shall, to protect the health and sa fety of consumers, carry out sample testing of 
safety components for lifts made available on th e market, investigate, and, if necessary, keep 
a register of complaints, of non-conforming safe ty components for lifts and safety component 
for lifts recalls, and shall keep distributors and installers informed of such monitoring. 
7. Importers who consider or have reason to be lieve that a safety component for lifts which 
they have placed on the market is not in conform ity with this Directive shall immediately take 
the corrective measures necessary to bring that safety component for lifts into conformity, to 
withdraw it or recall it, if appropriate. Furthe rmore, where the safety component for lifts 
presents a risk, importers shall immediately inform the competent national authorities of the 
Member States in which they made the safety component for lifts ava ilable to that effect, 
giving details, in particular, of the non-co mpliance and of any corrective measures taken. EN 27   EN 8. Importers shall, for a period of  10 years after the safety com ponent for lifts has been placed 
on the market, keep a copy of th e EU declaration of conform ity and, where applicable, the 
approval decision(s) at the dispos al of the market surveillance au thorities and ensure that the 
technical file can be made availabl e to those authorit ies, upon request. 
9. Importers shall, further to a reasoned request  from a competent nati onal authority, provide 
it with all the information and documentation n ecessary to demonstrate the conformity of 
safety components for lifts in a language whic h can be easily understo od by that authority. 
They shall cooperate with that authority, at its request, on any action taken to eliminate the 
risks posed by safety components for lifts  which they have placed on the market.   
Article 11 [Article R5 of Decision No 768/2008/EC] 
 
Obligations of distributors  
1. When making a safety component for lifts av ailable on the market distributors shall act 
with due care in relation to the requirements of th is Directive. 
2. Before making a safety component for lifts ava ilable on the market, dist ributors shall verify 
that the safety component for lifts bears the CE marking, that it is accompanied by the EU 
declaration of conformity and by the instruc tion manual and that the manufacturer and the 
importer have complied with the requirements se t out in Article 8(5) and 8(6), and Article 
10(3).  
Where a distributor considers or has reason to believe that a sa fety component for lifts is not 
in conformity with the essential health and sa fety requirements set ou t in Annex 1, he shall 
not make the safety component for lifts available on the market  until it has b een brought into 
conformity. Furthermore, where the safety compone nt for lifts presents a risk, the distributor 
shall inform the manufacturer or the importer to that effect as well as the market surveillance 
authorities. 
3. Distributors shall ensure th at, while a safety component  for lifts is under their 
responsibility, storage or transport conditions do not jeop ardise its compliance with the 
essential health and safety re quirements set out in Annex I. 
4. Distributors who consider or have reason to believe that a safety component for lifts which 
they have made available on the market is not in conformity with this Directive shall make 
sure that the correctiv e measures necessary to bring that  safety component  for lifts into 
conformity, to withdraw it or r ecall it, if appropriate, are taken. Furthermore, where the safety 
component for lifts presents a risk, distributors shall imme diately inform the competent 
national authorities of the Member  States in which they made the safety component for lifts 
available to that effect, gi ving details, in particular, of  the non-compliance and of any 
corrective measures taken. 
5. Distributors shall, further to a reasoned request from a competent national authority, 
provide it with all the information and do cumentation necessary to demonstrate the 
conformity of safety components for lifts. They  shall cooperate with that authority, at its 
request, on any action taken to eliminate the ri sks posed by safety components for lifts which 
they have made available on the market. EN 28   EN Article 12 [Article R6 of  Decision No 768/2008/EC]  
 
Cases in which the obligations of manufac turers apply to importers or distributors  
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Directive and he shall be subject to the obliga tions of the manufacturer  under Article 8 where 
he places a safety component for lifts on the ma rket under his name or trademark or modifies 
a safety component for lifts already placed on th e market in such a way that compliance with 
the requirements of this Directive may be affected. 
Article 13 [Article R7 of Decision No 768/2008/EC] 
 
Identification of economic operators 
Economic operators shall, on request, identify the following to the market surveillance 
authorities: 
(a) any economic operator who ha s supplied them with a sa fety component for lifts; 
(b) any economic operator to whom they have  supplied a safety component for lifts. 
Economic operators shall be able to present the information refe rred to in the first paragraph 
for a period of 10 years after they  have been supplied with a safe ty component for lifts and for 
a period of 10 years after they have supplied a safety component for lifts. 
 
Ð 95/16/EC (adapted) 
CHAPTER  III  
⌦ CONFORMITY  OF LIFTS  AND  SAFETY  COMPONENTS  FOR  
LIFTS ⌫ 
Article 14  [Article R8 of Decision No 768/2008/EC] 
 
⌦ Presumption of conformity ⌫ 
1. Member States shall regard lifts and sa fety components bearing the CE marking and 
accompanied by the EC declaration o f conformity referred to in A nnex II as conforming to all 
the provisions of this Directive, including the conformity assessment procedures laid down in 
Chapter II.  
In the absence of harmonized standards, Memb er States shall take any steps they deem 
necessa ry to bring to the attention of the part ies concerned the exis ting national technical 
standards and specifications wh ich are regarded as importan t or relevant to the proper 
implementation of the essential health  and safety requirements in Annex I.   EN 29   EN  
Ð 95/16/EC 
2. Where a national standard tr ansposing a harmonized standar d, the reference for which has 
been published in the Official Journal of the European Communities, covers one or more of 
the essential health and safety requirements:  
– lifts constructed in accordance with that standa rd shall be presumed to comply with 
the relevant essential requirements.  
 or  
– safety components constructed in accordance  with that standard shall be presumed 
suitable to enable a lift on which they are correctl y installed to comply with the relevant 
essential requirements .  
Member States shall publish the references of national standards transposing harmonized 
standards.  
 
Ð 95/16/EC (adapted) 
3. Member States shall ensure that appropriate measures  are taken to enable both sides of 
industry to have an influence at national level on the process of preparing and monitoring the 
harmonized standards.  
 
Ø new 
1. Lifts and safety components fo r lifts which are in conformity  with harmonised standards or 
parts thereof the references of which have be en published in the Official Journal of the 
European Union shall be presumed to be in co nformity with the essential health and safety 
requirements covered by those standards or parts thereof set out in Annex I. 
[2. Where a harmonised standard satisfies the re quirements which it covers and which are set 
out in Annex I or Article 24, the Commission shall publish the references of this standard in 
the Official Journal of  the European Union.] 
 
Ð 95/16/EC (adapted) 
Article 8  15 
 
⌦ Conformity assessment procedure for safety components for lifts ⌫ 
1. Before placing safety components listed in A nnex IV on the market, the manufacturer of a 
safety component or his authori zed representative established in the Community must:   
⌦ Safety components for lifts shall be subject to any of the following conformity assessment 
procedures: ⌫ 
 (a)  EN 30   EN  (i) either submit the model of the safety component for EC t ype-examination in 
accordance with Annex V and for production checks by a notified body in 
accordance with Annex XI;  
 (ii) or submit the model of the safety component for EC type -examination in 
accordance with Annex V and operate a quality assurance system  in 
accordance with Annex VIII for checking production;  
 (iii) or operate a full quality assuranc e system in accordance with Annex IX;  
⌦ (a) the model of the safety component for lifts shall be submitted for EU type examination 
set out in Annex IV Part A and the conformity to type shall be ensured with random checking 
of the safety component for lifts set out in Annex IX; ⌫ 
⌦ (b) the model of the safety component for lifts shall be submitted for EU type examination 
set out in Annex IV Part A and be subject to  a product quality assurance system in accordance 
with Annex VI; ⌫ 
⌦ (c) full quality assurance system set out in Annex VII. ⌫ 
 (b) affix the CE marking on each safety co mponent and draw up a declaration of 
conformity containing the information listed in Annex II, taking account of the 
specifications given in the Annex used (Anne x VIII, IX or XI as the case may be);  
 (c) keep a copy of  the declaration of conformity for 10 years from the date on which 
the safety component was last manufactured.   
 
Ð 95/16/EC (adapted) 
Article 16   
 
⌦ Conformity assessment procedure for lifts ⌫ 
1.2. Before being placed ⌦ Lifts shall be subject to ⌫ on the market, a lift must have 
undergone  one of the following ⌦ conformity assessment ⌫ procedures: 
 (i) either, if it was designed in accordan ce with a lift having undergone an EC type -
examination as re ferred to in Annex V, it shall be constructed, installed and tested by 
implementing:  
– the final inspection referr ed to in Annex VI, or  
– the quality assurance system referred to in Annex XII, or  
– the quality assurance system referred to in Annex XIV.  
 The proc edures for the design and constructi on stages, on the one hand, and the 
installation and testing stages, on the othe r, may be carried out on the same lift;  EN 31   EN  (ii) or, if it was designed in accordance with a model lift having undergone an EC 
type-examination  as referred to in Annex V, it sh all be constructed, installed and 
tested by implementing:  
– the final inspection referr ed to in Annex VI, or  
– the quality assurance system referred to in Annex XII, or  
– the quality assurance system referred to in Annex XIV;  
 (i ii) or, if it was designed in accordance with a lift for which a quality assurance 
system pursuant to Annex XIII was implemented, supplemented by an examination 
of the design if the latter is not wholly in accordance with the harmonized standards, 
it shall  be installed and cons tructed and tested by im plementing, in addition:  
– the final inspection referr ed to in Annex VI, or  
– the quality assurance system in  accordance with Annex XII, or  
– the quality assurance system in accordance with Annex XIV;  
 (iv) or, havin g undergone the unit verification proce dure, referred to in Annex X, by 
a notified body;  
 (v) or, having been subject to the quality assurance system in accordance with Annex 
XIII, supplemented by an examination of th e design if the latter is not wholly in  
accordance with the ha rmonized standards.  
In the cases referred to in (i),  (ii) and (iii) above, the pers on responsible for the design must 
supply to the person responsible for the constr uction, installation and testing all necessary 
documents and informa tion for the latter to be able to operate in absolute security.  
 
Ð 95/16/EC (adapted) 
⌦ (a) if they are designed and manufactured  in accordance with a model lift that has 
undergone an EU type-examination referred to in A nnex IV Part B, they shall be installed and 
tested by carrying out any of  the following procedures: ⌫ 
⌦ (i) the final inspection referred to in Annex V; ⌫ 
⌦ (ii) the product quality assurance system referred to in Annex X; ⌫ 
⌦ (iii) the production quality assurance system referred to in Annex XII; ⌫ 
⌦ (b) if they are designed and manufactured in accordance with a mode l lift for which a full 
quality assurance system pursuant to Annex XI  has been carried out, supplemented by a 
design examination if the design is not wholly in accordance with the harmonized standards, 
they shall be installed and tested by ca rrying out any of the following procedures: ⌫ 
⌦ (i) the final inspection referred to in Annex V; ⌫ 
⌦ (ii) the product quality assurance system in accordance with Annex X; ⌫ 
⌦ (iii) the production quality assurance sy stem in accordance with Annex XII; ⌫ 
⌦ (c) the unit verification procedur e, referred to in Annex VIII; ⌫ EN 32   EN ⌦ (d) the full quality assurance system referred to in Annex XI, supplemented by a design 
examination if the design is not wholly in accordance with the harmonized standards. ⌫ 
⌦ 2. In the cases referred to in point (a) a nd (b) of paragraph 1, the person responsible for 
the design and manufacture of the lift must supply to the person responsible for the 
installation and testing of the lift all the nece ssary documents and information to enable the 
latter to ensure correct and safe installation and testing of the lift. ⌫ 
 
Ð 95/16/EC 
3. In all the cases re ferred to in paragraph 2:  
– the installer shall affix the CE marking on the lift and draw up a declaration of 
conformity containing the information listed in  Annex II, taking account of the specifications 
given in the Annex used (A nnex VI, X, XII, XIII or XIV, as the case may be),  
– the installer must keep a copy of the declar ation of conformity for 10 years from the 
date on which the lift was placed on the market,  
– the Commission, the Member States and the other notified bodies may, on request, 
obtain fro m the installer a copy of the declaration of conformity and reports of the tests 
involved in the final inspection.  
4. (a) Where the lifts or safety components are subject to other Direct ives concerning other 
aspects and which also provide for the affixing of the CE marking, the la tter shall indicate that 
the lift or safety component is also presumed to conform to the provisions of those other 
Directives.  
 (b) However, where one or more of these Directives allows th e manufacturer, during a 
transitional perio d, to choose which arrangem ents to apply, the CE marking shall indicate 
conformity only to the Directives applied by the installer of the lift or the manufacturer of the 
safety components. In this case, particular s of the Directives applied, as published i n the 
Official Journal of the European Communities, must be given in the documents, notices or 
instructions required by the Directives a nd accompanying the lift or safety component.  
5. Where neither the installer of the lift nor the manufacturer of the saf ety component nor his 
authorized representative established in the Community has complied with the obligations of 
the preceding paragraphs, those obligations shal l devolve upon whomsoever places the lift or 
the safety component on the market in the Communi ty. The same obligations shall apply to 
whomsoever manufactures the lift or safety component for his own use.  
 
Ð 95/16/EC (adapted) 
3. All permitted variations between the model lift and the lifts forming part of the lifts derived 
from the model lift must be clearly specifie d (with maximum and minimum values) in the 
technical dossier  ⌦ file ⌫. 
4. By calculation and/or on the basis of desi gn plans it is permitted to demonstrate the 
similarity of a range of equipment to satisfy the essential ⌦ health and ⌫ safety 
requirements ⌦ set out in Annex I ⌫.  EN 33   EN Article 17  [Article R10 of D ecision No 768/2008/EC]  
⌦ EU declaration of conformity ⌫ 
 
Ø new 
1. The EU declaration of conformity shall state th at the fulfilment of the essential health and 
safety requirements set out in Annex I has been demonstrated. 
2. The EU declaration of conformity shall have the model structure set out in Annex II, shall 
contain the elements specified in the relevant m odules set out in Annex V, VIII, X, XI or XII, 
and shall be continuously updated. It shall be translated into  the language or the languages 
required by the Member State on which market the lift or the sa fety component for lifts is 
placed or made available. 
3. Where a lift or the safety component for lifts is subject to more than one Union act 
requiring EU declaration of conformity, a single EU declaration of conformity shall be draw 
up in respect of all such Union acts. That declaration shall contain the identification of the 
acts concerned including the publication references.  
4. By drawing up the EU declaration of c onformity, the manufacturer shall assume 
responsibility for the compliance of the safety component for lifts and the installer shall 
assume responsibility for the compliance of the lift. 
 
Ð 95/16/EC (adapted) 
CHAPTER  III 
CE MARKING  
Article 18  [Article R11 of Decision No 768/2008/EC] 
 
⌦ General principles of the CE marking ⌫ 
 
Ø new 
The CE marking shall be subject to the general principles set out in Article 30 of Regulation 
(EC) No 765/2008.  
 
Ð 95/16/EC (adapted) 
Article 1910  [Article R12 of Decision No 768/2008/EC]  
 
 ⌦ Rules and conditions for affixing the CE marking and other markings ⌫ 
1. The CE marking shall consist of the initials  CE. Annex III sets out the model to be used.  EN 34   EN 1.2. The CE marking shall be affixed ⌦ visibly, legibly and indelibly ⌫ to every  ⌦ each 
⌫ lift car distinctly and visibly in a ccordance with Section 5 of Annex I  and shall be affixed 
on each of the safety components ⌦ for lifts ⌫ listed in Annex III IV  or, where that is not 
possible, on a label inseparably atta ched to the safety component.  
3. The affixing on the lifts or safety components of markings which are likely to mislead third 
parties as to the meaning and form of the CE ma rking shall be prohibited. Any other marking 
may be affixed to the lifts or safety components,  provided that the visib ility and legibility of 
the CE marking are not thereby reduced.  
4. Without prejudice to Article 7:  
(a) where a Member State establishes th at the CE marking has been affixed irregularly, 
the installer of the lift, the manufacturer of  the safety component or the authorized 
representative of the latter established w ithin the Community sh all be obliged to 
make the product conform as regards the provisions concerning the CE marking and 
to end the infringement under the co nditions imposed by the Member State;  
(b) should non -conformity persist, the Member State must take all appropriate measures 
to restrict or prohibit th e placing on the market of t he safety component in question 
or to ensure that it is withdrawn from th e market and prohibit the lift from being used 
and inform the other Member States in ac cordance with the pro cedures laid down in 
Article 7 (4).  
 
Ø new 
2. The CE marking shall be affixed before the lifts or the safety components for lifts are 
placed on the market. 
 
Ð 95/16/EC (adapted) 
⌦3. The CE marking on lifts shall be followed by the identification number of the notified 
body involved in the following conformity assessment procedures: ⌫ 
⌦ (a) the final inspection referred to in Annex V or approval of the quality assurance system 
(referred to in Annex X, XI or XII); ⌫ 
⌦ (b) the unit verification procedur e, referred to in Annex VIII; ⌫ 
⌦ (c) the approval of the full quality assu rance system referred to in Annex XI. ⌫ 
⌦ 4. The CE marking on safety components for lifts shall be followe d by the identification 
number of the notified body involved in the fo llowing conformity assessment procedures: ⌫ 
⌦ (a) the approval of the product quality a ssurance system referre d to in Annex VI; ⌫ 
⌦ (b) the approval of the full quality assu rance system referred to in Annex VII. ⌫ EN 35   EN  
Ø new 
5. The identification number of  the notified body sh all be affixed by th e body itself or, under 
its instructions, by the manufacturer or by his au thorised representative or by the installer. 
The CE marking and, where applicable, the iden tification number referre d to in paragraph 3 
and 4 may be followed by a pictogram or any ot her mark indicating a special risk or use. 
 
Ð 95/16/EC (adapted) 
Article 9  
1. Member States shall notify the Commission and the other Member States of the bodies 
which they have appointed to ca rry out the procedures referred to in Article 8, together with 
the specific tasks and examination procedures which t hese bodies have b een appointed to 
carry out and the identifica tion numbers assigned to them  beforehand by the Commission.  
The Commission shall publish for information in the Official Journal of the European 
Communities  a list of the notified bodies and th eir identification numbers and the tasks for 
which they have been notified. The Commission sha ll ensure that this list is kept up to date.  
2. Member States shall apply the criteria laid down in Annex VII in assessing the notified 
bodies. Bodies meeting the  assessment criteria laid down in the relevant harmonized 
standards shall be presumed to fulf il the criteria laid down in Annex VII.  
3. A Member State which has notified a body must w ithdraw its notification if it finds that the 
body no longer meets the cr iteria laid down in Annex VII. It  shall immediately inform the 
Commission and the other Me mber States accordingly.  
 
Ø new 
CHAPTER  IV  
NOTIFICATION  OF CONFORMITY  ASSESSMENT  BODIES   
Article 20 [Article R13 of Decision No 768/2008/EC] 
 
Notification 
Member States shall notify the Commission and th e other Member States of bodies authorised 
to carry out third party conformity assessment tasks under this Directive. EN 36   EN Article 21 [Article R14 of Decision No 768/2008/EC] 
 
Notifying authorities 
1. Member States shall designate  a notifying authority that sha ll be responsible for setting up 
and carrying out the necessary procedures for the assessment and notific ation of conformity 
assessment bodies and the monitoring of no tified bodies, includin g compliance with 
Article 26. 
2. Member States may decide that the assessmen t and monitoring referred to in paragraph 1 
shall be carried out by a nationa l accreditation body within the m eaning of and in accordance 
with Regulation (EC) No 765/2008. 
3. Where the notifying authority delegates or ot herwise entrusts the assessment, notification 
or monitoring referred to in paragraph 1 to a body which is no t a governmental entity that 
body shall be a legal entity and shall comply mutatis mutandis with the requirements laid 
down in Article 22. In addition it shall have arra ngements to cover liabilities arising out of its 
activities. 
4. The notifying authority shall take full res ponsibility for the tasks performed by the body 
referred to in paragraph 3. 
Article 22 [Article R15 of Decision No 768/2008/EC] 
 
Requirements relating to notifying authorities 
1. A notifying authority shall be established in such a way that no conflict of interest with 
conformity assessment bodies occurs. 
2. A notifying authority shall be or ganised and operated so as to  safeguard the objectivity and 
impartiality of its activities. 
3. A notifying authority shall be organised in  such a way that each decision relating to 
notification of a conformity assessment body is taken by competent persons different from 
those who carried out the assessment. 
4. A notifying authority shall not offer or prov ide any activities that conformity assessment 
bodies perform or consultancy services on a commercial or competitive basis. 
5. A notifying authority shall safeguard the conf identiality of the information it obtains. 
6. A notifying authority shall have a sufficient nu mber of competent personnel at its disposal 
for the proper performance of its tasks. EN 37   EN Article 23 [Article R16 of Decision No 768/2008/EC] 
 
Information obligation on notifying authorities 
Member States shall inform the Commission of their proce dures for the assessment and 
notification of conformity assessment bodies and the monitoring of notified bodies, and of 
any changes thereto.  
The Commission shall make that information publicly available. 
Article 24 [Article R17 of Decision No 768/2008/EC] 
 
Requirements relating to notified bodies 
1. For the purposes of notification, a conform ity assessment body shall meet the requirements 
laid down in paragraphs 2 to 11. 
2. A conformity assessment body shall be es tablished under national law and have legal 
personality. 
3. A conformity assessment body shall be a th ird-party body independent of the organisation 
or the lifts or safety components for lifts it assesses. 
A body belonging to a business association or professional federation representing 
undertakings involved in the design, manufactur ing, provision, assembly, use or maintenance 
of lifts or safety components for lifts which it assesses, may, on condition that its 
independence and the absence of any conflict of in terest are demonstrated, be considered such 
a body. 
4. A conformity assessment body, its top level management and the personnel responsible for 
carrying out the conformity assess ment tasks shall not be the de signer, manufacturer, supplier, 
purchaser, owner, user or maintainer of safety  components for lifts which they assess, nor the 
authorised representative of  any of those parties.  
A conformity assessment body, its top level ma nagement and the personnel responsible for 
carrying out the conformity assess ment tasks shall not be the de signer, manufacturer, supplier, 
installer, purchaser, owner, user or ma intainer of lifts which they assess.  
This shall not preclude  the use of assessed lifts or safety components for lifts that are 
necessary for the operations of the conformity assessment body or  the use of such lifts or 
safety components for lifts for personal purposes.  
This does not preclude the possibility of exchange of technical information between the 
manufacturer or the installer and the body.  
A conformity assessment body, its top level ma nagement and the personnel responsible for 
carrying out the conformity assessment tasks sh all not be directly involved in the design, 
manufacture or construction, the marketing, installation, use or maintenance of those lifts or 
safety components for lifts, or represent the parties engaged in those activities.  EN 38   EN They shall not engage in any activity that ma y conflict with their independence of judgement 
or integrity in relation to conformity assessment activities for which they are notified. This 
shall in particular apply to consultancy services. 
A conformity assessment body sha ll ensure that the activitie s of its subs idiaries or 
subcontractors do not affect the confidentiality, obj ectivity or impartiality of its conformity 
assessment activities. 
5. A conformity assessment body and its personne l shall carry out the conformity assessment 
activities with the highest degree of profe ssional integrity and the requisite technical 
competence in the specific field and shall be free from all pre ssures and inducements, 
particularly financial, which might influence thei r judgement or the results of their conformity 
assessment activities, esp ecially as regards persons or groups of  persons with an interest in the 
results of those activities. 
6. A conformity assessment body shall be cap able of carrying out all the conformity 
assessment tasks assigned to it by Article 15 and 16 and in relation to which it has been 
notified, whether those tasks are carried out by the conformity assessment body itself or on its 
behalf and under its responsibility.  
At all times and for each conformity assessment procedure and each kind or category of lifts 
or safety components for lifts in relation to which it has been notified, a conformity 
assessment body shall have at its disposal the necessary: 
(a) personnel with technical knowledge and suffic ient and appropriate experience to perform 
the conformity assessment tasks; 
(b) descriptions of procedures in accordance w ith which conformity assessment is carried out, 
ensuring the transparency and the ability of re production of those proce dures. It shall have 
appropriate policies and procedures  in place that distinguish between tasks it carries out as a 
notified body and ot her activities; 
(c) procedures for the performance of activi ties which take due account of the size of an 
undertaking, the sector in which it operates, its structure, the degree of complexity of lift or 
safety component for lifts t echnology in question and the mass or serial nature of the 
production process.  
It shall have the means necessary to perform the technical and administrative tasks connected 
with the conformity assessment activities in an appropriate manner and shall have access to 
all necessary equipment or facilities. 
7. The personnel responsible for carrying out co nformity assessment activ ities shall have the 
following:  
(a) sound technical and vocational training cove ring all the conformity  assessment activities 
for which the conformity assessment body has been notified; 
(b) satisfactory knowledge of the requirements of  the assessments they carry out and adequate 
authority to carry out those assessments; EN 39   EN (c) appropriate knowledge and understanding of th e essential health and safety requirements 
set out in Annex I, of the applicable harmonise d standards and of the relevant provisions of 
Union harmonisation legislation and of its relevant national legislation; 
(d) the ability to draw up certifi cates, records and reports demonstrating that assessments have 
been carried out. 
8. The impartiality of the conformity as sessment body, its management and the personnel 
responsible for carrying out the conformity  assessment tasks shall be guaranteed.  
The remuneration of the top level management and assessment personnel  of the conformity 
assessment body shall not depend on the number of assessments carried out  or on the results 
of those assessments. 
9. Conformity assessment bodies sh all take out liability  insurance unless lia bility is assumed 
by the State in accordance with national law or th e Member State itself is directly responsible 
for the conformity assessment. 
10. The personnel of a conformity assessment body shall observe profe ssional secrecy with 
regard to all information obtaine d in carrying out their tasks a ccording to Article 15 and 16 or 
any provision of national law giving effect to it,  except in relation to the competent authorities 
of the Member State in which its activities are carried out. Proprie tary rights shall be 
protected. 
11. Conformity assessment bodies shall partic ipate in, or ensure that their assessment 
personnel are informed of, the releva nt standardisation activities.  
The body shall participate in or be represented in the activitie s of the Coordination Group of 
Notified Bodies for Lifts established under Ar ticle 36 and apply as general guidance the 
recommendations for use produced as a result of the work of that group. 
Article 25 [Article R18 of Decision No 768/2008/EC] 
Presumption of conformity of a notified body 
Where a conformity assessment body demonstrates its conformity with the criteria laid down 
in the relevant harmonised standards or parts thereof the references of which have been 
published in the Official Journal of the European Union  it shall be presumed to comply with 
the requirements set out in Article 24 in so fa r as the applicable harm onised standards cover 
those requirements. 
Article 26 [Article R20 of Decision No 768/2008/EC] 
Subsidiaries of and subcontracting by notified bodies 
1. Where a notified body subcontract s specific tasks connected with  conformity assessment or 
has recourse to a subsidiary, it shall ensure that the subcontract or or the subsidiary meets the 
requirements set out in Article 24 and sha ll inform the notifying authority accordingly. EN 40   EN 2. Notified bodies shall take full responsibility for the tasks performed by subcontractors or 
subsidiaries wherever these are established. 
3. Activities may be subcontracted or carried ou t by a subsidiary only with the agreement of 
the client. 
4. Notified bodies shall keep at th e disposal of the notifying au thority the relevant documents 
concerning the assessment of the qualifications of  the subcontractor or the subsidiary and the 
work carried out by them under Article 15 and 16. 
Article 27 [Article R22 of Decision No 768/2008/EC] 
Application for notification 
1. A conformity assessment body shall submit an application for notification to the notifying 
authority of the Member State in which it is established. 
2. That application shall be accompanied by a description of the conformity assessment 
procedures for lifts or for safety component s for lifts for which the body claims to be 
competent, as well as by an accreditation certif icate, where one exists , issued by a national 
accreditation body attesting that the conformity assessment body fulfils the requirements laid 
down in Article 24. 
3. Where the conformity assessment body c oncerned cannot provide an accreditation 
certificate, it shall provide the notifying aut hority with all the documentary evidence 
necessary for the verification, recognition and re gular monitoring of its compliance with the 
requirements laid down in Article 24. 
Article 28 [Article R23 of Decision No 768/2008/EC] 
Notification procedure 
1. Notifying authorities may no tify only conformity assessment  bodies which have satisfied 
the requirements laid down in Article 24. 
2. They shall notify the Commission and the other Member States using the electronic 
notification tool developed and managed by the Commission. 
3. The notification shall include full details of the conformity assessment procedures for lifts 
or for safety components for lifts concerned and the relevant attestation of competence. 
4. Where a notification is not ba sed on an accreditation certificate as referred to in Article 
27(2), the notifying authority shal l provide the Commission and th e other Member States with 
documentary evidence which attests to the c onformity assessment body's competence and the 
arrangements in place to ensure  that that body will be monitore d regularly and will continue 
to satisfy the requirements laid down in Article 24. 
5. The body concerned may perform the activities  of a notified body onl y where no objections 
are raised by the Commission or the other Memb er States within two weeks of a notification EN 41   EN where an accreditation certificate is used or within two mont hs of a notification where 
accreditation is not used. 
Only such a body shall be considered a notifie d body for the purposes of this Directive. 
6. The Commission and the other Member States sh all be notified of any subsequent relevant 
changes to the notification. 
Article 29 [Article R24 of Decision No 768/2008/EC] 
Identification numbers and lists of notified bodies 
1. The Commission shall assign an identif ication number to a notified body.  
It shall assign a single such number even wh ere the body is notified under several Union acts. 
2. The Commission shall make publicly availabl e the list of the bodies notified under this 
Directive, including the identification numbers that have been allocated to them and the 
activities for which they have been notified. 
The Commission shall ensure that that list is kept up to date. 
Article 30 [Article R25 of Decision No 768/2008/EC] 
Changes to notifications 
1. Where a notifying authority ha s ascertained or has been informed that a notified body no 
longer meets the requirements laid down in Artic le 24, or that it is  failing to fulfil its 
obligations, the notifying authority shall rest rict, suspend or with draw notification as 
appropriate, depending on the seriousness of the failure to meet those requirements or fulfil 
those obligations. It shall immediately inform  the Commission and the other Member States 
accordingly. 
2. In the event of restri ction, suspension or withdrawal of notification, or where the notified 
body has ceased its activity, the notifying Member State shall take appropr iate steps to ensure 
that the files of that body are ei ther processed by another notif ied body or kept available for 
the responsible notifying and market survei llance authorities at their request. 
Article 31 [Article R26 of Decision No 768/2008/EC] 
Challenge to the competence of notified bodies 
1. The Commission shall investigate all cases where it doubts, or doubt  is brought to its 
attention, regarding the competence of a notified body or the continued fulfilment by a 
notified body of the requirem ents and responsibilities to which it is subject. EN 42   EN 2. The notifying Member State shall provide th e Commission, on request, with all information 
relating to the basis for the no tification or the maintenance of the competence of the body 
concerned. 
3. The Commission shall ensure that all sensitive information obtained in the course of its 
investigations is treated confidentially. 
4. Where the Commission ascertains that a notif ied body does not meet or no longer meets the 
requirements for its notification, it shall info rm the notifying Member State accordingly and 
request it to take the necessary corrective measur es, including withdrawal of the notification if 
necessary. 
Article 32 [Article R27 of Decision No 768/2008/EC] 
Operational obligations of notified bodies 
1. Notified bodies shall carry out conformity assessments in acco rdance with the conformity 
assessment procedures provided for in Article 15 and 16. 
2. Conformity assessments sh all be carried out in a pr oportionate manner, avoiding 
unnecessary burdens for economic operators. No tified bodies shall perfo rm their activities 
taking due account of the size of an undertaking, the sector in which it operates, its structure, 
the degree of complexity of lift or safety co mponent for lifts techno logy in question and the 
mass or serial nature of the production process.  
In so doing they shall nevertheless respect th e degree of rigour and the level of protection 
required for the conformity of the lifts or the sa fety components for lifts with the provisions of 
this Directive. 
3. Where a notified body finds that the essential health and safety requirements set out in 
Annex I or corresponding harmonised standards have not been met by an installer or a 
manufacturer, it shall require th e installer or the manufacturer to take appropriate corrective 
measures and shall not issue a conformity certificate. 
4. Where, in the course of the monitoring of co nformity following the issue of a certificate or 
an approval decision, as appropriate, a notified body finds that a lift or a safety component for 
lifts no longer complies, it shall require the insta ller or the manufacturer  to take appropriate 
corrective measures and shall suspend or withdr aw the certificate or the approval decision if 
necessary. 
5. Where corrective measures are not taken or do not have the required effect, the notified 
body shall restrict, suspend or withdraw a ny certificates or approval decision(s), as 
appropriate. EN 43   EN Article 33 [Article 4(7) of Decision No 768/2008/EC] 
Appeal against decision s of notified bodies  
Member States shall ensure that  an appeal procedur e against decisions of  the notified bodies 
is available. 
Article 34 [Article R28 of Decision No 768/2008/EC] 
Information obligation on notified bodies 
1. Notified bodies shall inform the notifying authority of the following: 
(a) any refusal, restriction, suspension or  withdrawal of a certificate or approval 
decision; 
(b) any circumstances affecting the scope of and conditions for notification; 
(c) any request for information which they have received from market surveillance 
authorities regarding confor mity assessment activities; 
(d) on request, conformity assessment activitie s performed within the scope of their 
notification and any other ac tivity performed, including cr oss-border activities and 
subcontracting. 
2. Notified bodies shall provide the other bodies notified under this Directive carrying out 
similar conformity assessment activities for lift s or safety components for lifts with relevant 
information on issues relating to negative and, on request, positive conformity assessment 
results. 
Article 35 [Article R29 of Decision No 768/2008/EC] 
Exchange of experience 
The Commission shall provide for the organisa tion of exchange of experience between the 
Member States' national authorities responsible for notification policy.  
Article 36 [Article R30 of  Decision No 768/2008/EC]  
Coordination of notified bodies 
The Commission shall ensure that appropriate  coordination and coope ration between bodies 
notified under this Directive are put in pl ace and properly operated in the form of a 
Coordination Group of Notif ied Bodies for Lifts.  
Member States shall ensure that  the bodies notified by them participate in the work of that 
group, directly or by means of designated representatives. EN 44   EN CHAPTER  V  
UNION  MARKET  SURVEILLANCE  AND  CONTROL  OF LIFTS  OR  
SAFETY  COMPONENTS  FOR  LIFTS  ENTERING  THE  UNION  
MARKET  AND  SAFEGUARD  PROCEDURES   
Article 37 
Union market surveillance and control of lifts or safety components for lifts entering the 
Union market 
Article 15(3) and Artic les 16-29 of Regulation (EC) No 765/2008 shall apply to lifts and 
safety components for lifts. 
Article 38 [Article R31 of  Decision No 768/2008/EC]  
Procedure for dealing with lifts or safety co mponents for lifts presen ting a risk at national 
level  
1. Where the market surveillance authorities of  one Member State have taken action pursuant 
to Article 20 of Regulation (EC) No 765/2008, or where they have suffici ent reason to believe 
that a lift or a safety component for lifts covered by this Directive presents a risk to the health 
or safety of persons or, where appropriate, to the safety of property, th ey shall carry out an 
evaluation in relation to the lift or the safety component for lifts concerned covering all the 
requirements laid down in this Directive. The relevant economic operators shall cooperate as 
necessary with the market surveillance authorities. 
Where, in the course of the evaluation referr ed to in the first subparagraph, the market 
surveillance authorities find that a lift does not  comply with the requirements laid down in 
this Directive, they shall, without delay, require  the installer to take all appropriate  corrective 
action to bring the lift into compliance with those requirements within a reasonable period 
commensurate with the nature of th e risk, as they may prescribe.  
Where, in the course of the evaluation refe rred to in first subparagraph, the market 
surveillance authorities find that a safety co mponent for lifts does not comply with the 
requirements laid down in this Directive, they shall, without  delay, require the relevant 
economic operator to take all co rrective action to bring the sa fety component for lifts into 
conformity, to withdraw safety component for li fts from the market or to recall it within a 
reasonable period commensurate with the nature  of the risk, as they may prescribe. 
The market surveillance author ities shall inform the relevant notified body accordingly. 
Article 21 of Regulation (EC) No 765/2008 shall ap ply to the measures referred to in the 
second and third subparagraph. EN 45   EN 2. Where the market surveillance authorities consider that the non-compliance is not restricted 
to their national territory, they shall inform the Commission and the other Member States of 
the results of the evaluation and of the actions which they  have required the economic 
operators to take. 
3. The economic operator shall ensure that all ap propriate corrective acti on is taken in respect 
of all the lifts and safety components for lift s concerned that it ha s made available on the 
market throughout the Union. 
4. Where the installer does not ta ke adequate corrective action with in the period referred to in 
the second subparagraph of para graph 1, the market surveillan ce authorities sh all take all 
appropriate provisional measures to restrict the placing on their nationa l market or the putting 
into service.  
Where the relevant economic operator does not take adequate corrective action within the 
period referred to in the third subparagraph of paragraph 1, the market surveillance authorities 
shall take all appropriate provisional measures to  prohibit or restrict the safety component's 
for lifts being made available on their national market, to withdraw the safety component for 
lifts from that market or to recall it. 
The market surveillance authorities shall inform the Commission and the other Member 
States, without delay, of those measures. 
5. The information referred to in paragraph 4 shall include all available details, in particular 
the data necessary for the identif ication of the non-co mpliant lift or safety component for lifts, 
their origin, the nature of th e alleged non-conformity and the risk involved, the nature and 
duration of the national measures taken and the arguments put forward by the relevant 
economic operators. In particular, the market su rveillance authorities sh all indicate whether 
the non-compliance is due to any of the following: 
 (a) failure of the lift or the safety component for lifts to meet the essential health and
 safety requirements set out in Annex I;  
 (b) shortcomings in the harmonised standa rds referred to in Article 14 conferring a
 presumption of conformity. 
6. Member States other than the Member State initiating the procedure shall, without delay, 
inform the Commission and the other Member St ates of any measures adopted and of any 
additional information at their disposal relating to the non-compliance of the lift or the safety 
component for lifts concerned and, in the ev ent of disagreement with the notified national 
measure, of their objections. 
7. Where, within 2 months of receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member  State or the Commission in respect of a 
provisional measure taken by a Member State, that measure shall be deemed justified.  
8. Member States shall ensure that appropriate  restrictive measures are taken, without delay, 
in respect of the lift or the safety component for lifts concerned. EN 46   EN Article 39 [Article R32 of Decision No 768/2008/EC] 
Union safeguard procedure 
1. Where, on completion of the procedure set out in Article 38(3) and 38(4), objections are 
raised against a measure taken by a Member State, or where the Commission considers a 
national measure to be contrary  to Union legislation, the Co mmission shall, without delay, 
enter into consultation with the Member St ates and the relevant  economic operator or 
operators and shall evaluate th e national measure. On the basis of the results of that 
evaluation, the Commission shall decide whether the national measure is justified or not. 
The Commission shall address it s decision to all Member States and shall immediately 
communicate it to them and the releva nt economic operator or operators. 
2. If the national measure relating to a lift is cons idered justified, all Member States shall take 
the measures necessary to ensure that the non-co mpliant lift is restricted to be placed on their 
national market or pu t into service.  
If the national measure relating to a safety component  for lifts is consid ered justified, all 
Member States shall take the measures necessary to ensure that the non-compliant safety 
component for lifts is withdrawn from their market. 
The Member States shall info rm the Commission accordingly. 
If the national measure is considered unjustifie d, the Member State concerned shall withdraw 
the measure. 
3. Where the national measure is considered justified and the non- compliance of the lift or the 
safety component for lifts is attributed to s hortcomings in the harmonised standards referred 
to in Article 38(5)(b) of this Directive, the Commission shall apply the procedure provided for 
in Article 8 of Regulation (EU) No [. ./..] [ on European Standardisation].  
Article 40 [Article R33 of Decision No 768/2008/EC] 
Compliant lift or safety component for lifts which present a risk to health and safety 
1. Where, having performed an evaluation under Article 38(1), a Member State finds that 
although a lift or safety components for lifts is in complia nce with this Directive, it presents a 
risk to the health or safety of persons or to other aspects of public inte rest protection, it shall 
require the relevant economic opera tor to take all appropriate measures to ensure that the lifts 
or safety component for lifts concerned, when  placed on the market, no longer presents that 
risk, to withdraw the safety component for lifts from  the market or to recall it or to restrict the 
placing the lift on the market or the putting it into service  within a reasonable period, 
commensurate with the nature of the risk, as it may prescribe. 
2. The economic operator shall ensure  that corrective action is taken in respect of all the lifts 
or safety components for lifts concerned that he has made av ailable on the market throughout 
the Union.  EN 47   EN 3. The Member State shall immediately inform the Commission and the other Member States. 
That information shall include all available deta ils, in particular the data necessary for the 
identification of the lifts or safety component s for lifts concerned, the origin and the supply 
chain of the lifts or safety components for lifts, the nature of the risk involved and the nature 
and duration of the national measures taken. 
4. The Commission shall without delay enter into consultation with the Member States and 
the relevant economic operator or operators an d shall evaluate the national measures taken. 
On the basis of the results of that evalua tion, the Commission sha ll decide whether the 
measure is justified or not, and where necessary, propose appropriate measures. 
5. The Commission shall address its decision to  all Member States and shall immediately 
communicate it to them and the releva nt economic operator or operators. 
Article 41 [Article R34 of Decision No 768/2008/EC] 
Formal non-compliance 
1. Without prejudice to Article  38, where a Member State makes one of the following 
findings, it shall require the inst aller or the manufacturer, distri butor or importer of a safety 
component for lifts to put an end to the non-compliance concerned:  
(a) the CE marking has been affixed in viol ation Article 30 of Re gulation (EC) No 765/2008 
or of Article 18 and 19 of this Directive; 
(b) the CE marking has not been affixed; 
(c) the EU declaration of confor mity has not been drawn up;  
(d) the EU declaration of conformity  has not been drawn up correctly;  
(e) the technical file referred to in Annexes IV Part A and Part B,  VII, VIII and XI is either 
not available or not complete. 
2. Where the non-compliance referred to in paragr aph 1 persists, the Member State concerned 
shall take all appropriate measures to restrict or  prohibit the lifts or sa fety components for lifts 
being made available on the market or ensure that safety components fo r lifts are recalled or 
withdrawn from the market. 
 
Ð 95/16/EC (adapted) 
Article 6  
1. Where a Member State or the Commission cons iders that the harmonized standards referred 
to in Article 5 (2)  do not entirely satisfy the essential re quirements referred to in Article 3, the 
Commission or the Member State concerned sh all bring the matter before the Committee set 
up under Directive 83/189/ EEC, giving the reasons therefore . The Committee shall deli ver an 
opinion without delay.   EN 48   EN Upon receipt of the Committee's opinion, the Co mmission shall inform the Member States 
whether or not it is necessary to withdraw those standards from the published information 
referred to in Article 5 (2).  
 
Ð 95/16/EC 
2. The Commission may adopt any a ppropriate measure with a view  to ensuring the practical 
application in a uniform manner of this Direc tive in accordance with the procedure laid down 
in paragraph 3.  
 
Ð 1882/2003 Art. 1 and Annex 
I.10 (new) 
3. The Commission shall be assisted by a standi ng committee (hereinafter referred to as ‘the 
Committee’).  
Where reference is made to this paragr aph, Articles 3 and 7 of Decision 1999/468/EC22 shall 
apply, having regard to th e provisions of Article 8  thereof.  
The Committee shall adopt its rules of procedure.  
 
Ð 95/16/EC 
4. The Standing Committee may, furthermor e, examine any question concerning the 
application of this Directive and raised by its chairman either at the latter's initiative  or at the 
request of a Member State.  
Article 7  
1. Where a Member State ascertains that a lift or a safety component bearing the CE marking 
and used in accordance with its intended purpose is liable to endanger the safety of persons 
and, where appropriate , of property, it shall take all approp riate measures to withdraw it from 
the market, to prohibit it from being placed on the market or put into service or to restrict its 
free movement  
The Member State shall immediately in form the Commission of any such m easure, indicating 
the reasons for its decision and in particular whether non -conformity is due to:  
(a) failure to satisfy the essential requirements referred to in Article 3;  
(b) incorrect application of the standa rds referred to in Article 5 (2);  
(c) shortcomings in the standards referred  to in Article 5 (2) themselves.  
2. The Commission shall enter into consultati on with the parties concerned as soon as 
possible. Where, after such cons ultation, the Commission finds that:  
                                                 
22 Council Decision 1999/468/EC of 28  June 1999 laying down the procedures for the exercise o f 
implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p.  23). EN 49   EN - the measures are justified,  it shall immediately so inform the Member State which took the 
initiative and the other Member States; where th e decision referred to in paragraph 1 is based 
on shortcomings in the standards, the Commission shall, after consulting the parties 
concerned, b ring the matter before the Committee referred to in Article 6 (1), if the Member 
State which has taken the decisi on intends to maintain it, and shall initiate the procedure 
referred to in Article 6 (1),  
- the measures are unjustified, it shall immediately  so inform the Member State which took 
the initiative and th e installer of the lift, the manufact urer of the safety components or the 
latter's authorized representative established in the Community.  
3. Where a lift or safety component which does not compl y bears the CE marking, the 
competent Member State shall take appropria te action against whomsoever affixed the 
marking and shall so inform the Co mmission and the other Member States.  
4. The Commission shall ensure that th e Member States are kept informed  of the progress and 
outcome of the procedure.  
 
Ø new 
CHAPTER  VI  
DELEGATING  POWER  
Article 42  
Delegating power  
The Commission shall be empowered to adopt delegated acts in accordance with Article 43 
concerning adaptations of Annex III to techni cal progress and new scientific evidence.  
Article 43 
Exercise of the delegation  
1. The power to adopt delegated acts is confe rred on the Commission subject to the conditions 
laid down in this Article.  
2. The delegation of power referr ed to in Article 42 shall be conferred for an indeterminate 
period of time from the date specified in Article 49 [ entry into force of the directive ].  
3. The delegation of powers referred to in Article 42 may be revoked at any time by the 
European Parliament or by the Council. A deci sion of revocation shal l put an end to the 
delegation of the power specified in that decision. It shall take effect the day following the 
publication of the decision in the Official Journal of the European Union  or at a later date 
specified therein. It shall not affect the valid ity of any delegated act s already in force.  EN 50   EN 4. As soon as it adopts a delegated act, the Co mmission shall notify it simultaneously to the 
European Parliament and to the Council.  
5. A delegated act adopted pursuant to Article 42 shall enter into force only if no objection 
has been expressed either by the European Pa rliament or the Council within a period of 2 
months of notification of that act  to the European Parliament a nd the Council or if, before the 
expiry of that period, the European Parlia ment and the Council have both informed the 
Commission that they will not object. That pe riod shall be extended by 2 months at the 
initiative of the European Parliament or the Council. 
 
Ð 95/16/EC (adapted) 
CHAPTER  IV VII 
⌦ TRANSITIONAL  AND  ⌫ FINAL  PROVISIONS 
Article 11  
Any decision taken pursuant to this Directive which restricts:  
- the placing on the market and/or putti ng into service and/or use of a lift,  
- the placing on the market and/ or putting into service of a safety component,  
shall state the exact grounds on which it is based.  Such a decision shall be notified as soon as 
possible to the party concerned, w ho shall at the same time be in formed of the legal remedies 
available to him u nder the laws in force in the Member State concerned and of the time limits 
to which such remedies are subject.  
 
Ø new 
Article 44  
Penalties 
Member States shall lay down the rules on pena lties applicable to infringements of the 
national provisions adopted pursuant to this Directive and shall take all measures necessary to 
ensure that they are enforced.  
The penalties provided for must be eff ective, proportionate and dissuasive.  
Member States shall notify thos e provisions to the Commission by […the date set out in the 
second subparagraph of Article 46(1)]  and shall notify it without delay of any subsequent 
amendment affecting them.  EN 51   EN  
Ð 95/16/EC (adapted) 
Article 12  
The Commission shall take the nece ssary steps to have information on all the relevant 
decisions relating to the implementati on of this Directive made available.  
Article 45  
 
⌦ Transitional and final provisions ⌫ 
 
Ø new 
Member States shall not impede the making availa ble on the market or putting into service of 
lifts or safety components for lifts covered by Directive 95/16/EC whic h are in conformity 
with that Directive and which we re placed on the market before [the date set out in the second 
subparagraph of Article 46(1)] . 
Certificates of conformity issued under Direc tive 95/16/EC shall be va lid under this Directive 
unless they expire before that date. 
 
Ð 95/16/EC (adapted) 
Ö new 
Article 46  
 
 ⌦ Transposition ⌫ 
1. Member States shall adopt and publish, ⌦ by ⌫ Ö [day (generally the last day of a 
month)/month/year = 2 years after this adoption]  ⌦ at the latest, ⌫ the laws, regulations 
and administrative provisions necessary to comply with this Directive  ⌦ Articles: [Article 
2(5)-2(19), Articles: 7-14, Ar ticles: 17-18, Article 19(5), Ar ticles: 20-45, Article 46(1), 
Article 47-49] and Annexes: [Annex II Part A Points : (f), (k), (l), (m), Annex II Part B Points: 
(d), (j), (k), (l), Annex IV Part A Points: 2( e), 3(c), 3(e), 3(g), Poin ts: 4(b)-(e), Points: 5-9, 
Annex IV Part B Points: 2(e), 3( c), 3(e), 3(h), Points: 4(c)-(e), Point 5 paragraphs: 2-4, Points: 
6-9, Annex V Point 3.3(b), Points: 6-7, Annex VI Points: 3.1(a)-(c), Po int 3.3 paragraph 4 -5, 
Point 4.3, Points: 6-7, Annex VII Points: 3.1(a)-(b), 3.1(d), 3.1(f), Point 3.3, Point 4.2, Point 6, Annex VII Points: 3(c)-(d), 3(g), Annex VII Point 4, Annex IX Points: 3(a)-(d), Annex X 
Points: 3.1(a), 3.1(e), Point: 3.4, Points: 6-7, An nex XI Points: 3.1(a)-( c), 3.1(e), Points: 3.3.3, 
3.3.4, Points: 3.4 -3.5, Point 5(b) Point 6, Anne x XII Point 3.1(a), Point 3.3, Point 6]. [ The 
articles and annexes which have been changed as to the substance by comparison with the 
earlier Directive ]. ⌫ by 1 January 1997
. They shall forthwith inform  ⌦ communicate to ⌫ 
the Commission thereof  ⌦ the text of those provisions a nd a correlation table between those 
provisions and this Directive. ⌫ 
Ö They shall apply those provisions from [ day (generally the first day of a 
month)/month/year = day after the da te mentioned in first subparagraph ].  EN 52   EN When Member States adopt t hese measures  ⌦ those provisions ⌫, they shall contain a 
reference to this Directive or  shall be accompanied by such re ference on the occasion of their 
official publication. The me thods of making such reference shall be laid dow n by Member 
States  ⌦ They shall also include a statement that references in existing laws, regulations and 
administrative provisions to the directive repeal ed by this Directive shall be construed as 
references to this Directive. Member States sh all determine how such re ference is to be made 
and how the statement is to be formulated. ⌫ 
Member States shall apply these meas ures with effect from 1 July 1997.  
2. Until 30 June 1999 Member States shall allow:  
– the placing on the market  and putting into service of lifts,  
– the placing on the market and putting into service of safety components,  
which conform to the provisions in force in thei r territories on the date  of adoption of this 
Directive.  
 
Ð 95/16/EC (adapted) 
3.2. Member States shall communicat e to the Commission the texts  of the ⌦ main ⌫ 
provisions of national law which they adopt in the field covered by this Directive. 
Article 16  47  
 
⌦ Reporting ⌫ 
 
Ð 95/16/EC 
No later than 30 June 2002, the Commission sh all, in consultation with the Committee 
referred to in Article 6 (3) and on the basis of reports provided by the Member States, re -
examine the functioning of the pr ocedures laid down in this Di rective and, if necessary, 
submit any proposals for appropriate amendments.  
 
Ø new 
[By … and every 5 years after that date ] Member States shall submit to the Commission 
reports on the applicatio n of this Directive. 
 
Ð 95/16/EC (adapted) 
Article 13  48 
 
⌦ Repeal ⌫ 
Directive 84/528/EEC and Directive 84/529/EEC are hereby repealed with effect from 1 July 
1999.  EN 53   EN Article 14  
With regard to the aspects concerning the in stallation of the lift,  this Directive is a Directive 
within the meaning of Article  2 (3) of Directive 89/106/EEC.  
 
Ð 95/16/EC 
Ö new 
Ö Directive 95/16/EC, as amended by the acts listed  in Annex XIII, Part A, is repealed with 
effect from the date set out in the second subpa ragraph of Article 46(1)  of this Directive, 
without prejudice to the obligations of the Me mber States relating to the time limits for 
transposition into national law of the Dir ectives set out in Annex XIII, Part B.   
Ö References to the repealed Directive shall be construed as references to this Directive and 
shall be read in accordance with the correlation table in Annex XIV.  
 
Ð 95/16/EC (adapted) 
Article 49   
 
 ⌦ Entry into force ⌫ 
 
Ð95/16/EC (adapted) 
Ö new 
Ö This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union .  
⌦ Articles: [Article 1, Article 2(1)-2(5), Artic les: 3-6, Articles: 15-16,  Article 19(1)-19(4), 
Article 45, Article 46(2), Articl e 50] and Annexes: [Annex I, Anne x II Part A Points: (a), (b), 
(c), (d), (e), (g), (h), (i ), (j), Annex II Part B Points: (a), (b), (c), (e), (f), (g), (h), (i), Annex III, 
Annex IV Part A Points: 1, 2(a)-(d), 3(a)-(b), 3( d), 3(f), 3(h)-(i), Annex IV Part A Point 4(a), 
Points 10-11, Annex IV Part B Points: 1, 2(a)-(d),  3(a)-(b), 3(d), 3(f)-(g) 3(i)-(j), Points: 4(a)-
(b), Point 5 paragraph 1, Points: 10-11, Annex V Points: 1-3.2, Point 3.3(a), Points: 3.4-5, Annex VI Points: 1-2, Point 3.1(d)-(f), Poin t 3.2, Point 3.3 paragraphs: 1-3, Points: 3.4-4.2, 
Point 5, Annex VII Points 1-2, Points: 3.1(c) , 3.1(e), Point 3.2, Point 3.4, Point 4.1, Points: 
4.3-5, Point 7, Annex VII Points: 1-2, Points: 3(a) -(b), 3(e)-(f), 3(h), Points: 5-6, Annex IX 
Points: 1-2, Points: 4-7, Annex X Points: 1-2, Points: 3.1(b)-(d) , Points: 3.2-3.3, Points: 4-5, 
Annex XI Points: 1-2, Point: 3.1(d), Point 3.2,  Point 3.3.1, Point 4, Point 5(a), 5(c), 5(d), 
Point 7, Annex XII Points: 1-2, Points 3.1(b)-(d ), Point 3.2, Point 3.4, Points: 4-5, Point 7]. 
[The articles and annexes which are unchanged by comparison with the earlier Directive ] 
shall apply from [ the date set out in the sec ond subparagraph of Article 46(1) ]. ⌫ EN 54   EN  
Ð 95/16/EC 
Article 5017  
This Directive is addressed to the Member States. 
Done at […], 
For the European Parliament For the Council  
The President The President  EN 55   EN  
Ð 95/16/EC (adapted) 
ANNEX I  
ESSENTIAL HEALTH AND SAFETY RE QUIREMENTS RELATING TO THE 
DESIGN AND CONSTRUCTION OF LIFTS AND SAFETY COMPONENTS  
PRELIMINARY  REMARKS 
1. Obligations under essential health and safety requirements apply only where ⌦ the 
corresponding risk exists for ⌫the lift or safety component ⌦ for lifts ⌫ is subject to the 
hazard  in question when used as intended by the installer of the lift  or the manufacturer of the 
safety components . 
2. The essential health and safety requirements contained in the Directive are imperatives. 
However, given the present state of the art, the objectives which they  lay down may not be 
attainable. In such cases, and to  the greatest extent possible,  the lift or safety components 
⌦ for lifts ⌫ must be designed and built in such a way as to approximate to those 
objectives. 
3. The safety -component  manufacturer and the installer of the lift  are under an obligation 
⌦ to carry out ⌫ assess the hazards  ⌦a risk assessment ⌫ in order to identify all those  
⌦ the risks ⌫ which apply to their products; they mu st then design a nd construct them 
taking account of the assessment. 
 
Ð 95/16/EC 
4. In accordance with Article 14, the essential requirements laid down in Directive 
89/106/EEC, not included in this Directive, apply to lifts.  
 
Ð 95/16/EC (adapted) 
1. GENERAL 
1.1. Application of Directive 89/392/EEC , as amended by Directives 91/368/EEC, 
93/44/EEC and 93/68/EEC 2006/42/EC . 
Where the relevant hazard  ⌦ risk ⌫ exists and is not dealt with in this Annex, the essential 
health and safety requirements of Annex I to Directive 89/392/EEC  2006/42/EC23 of the 
European Parliament and of the Council  apply. The essential ⌦ health and safety ⌫ 
requirements  of Section  Point  1.1.2 of Annex I to  Directive 89/392/EEC  2006/42/EC  must  
apply in any event. 
                                                 
23 OJ L 157, 9.06.2006, p. 24.  EN 56   EN  
Ð 2006/42/EC Art. 24.2 
1.2. Carrier 
The carrier of each lift must be  a car. This car must be desi gned and constructed to offer the 
space and strength corresponding to the maximum nu mber of persons and the rated load of 
the lift set by the installer. 
Where the lift is intended for the transport of persons, and where its dimensions permit, the 
car must be designed and constructed in such a way that its structural features do not obstruct 
or impede access and use by disabled persons and so as to allow any appropriate adjustments intended to facilitate its use by them. 
 
Ð 95/16/EC (adapted) 
1.3. Means of suspension and means of support 
The means of suspension and/or support of th e car, its attachments a nd any terminal parts 
thereof must be selected and designed so as to ensure an adequate leve l of overall safety and 
to minimize the risk of the car falling, taking in to account the conditions of use, the materials 
used and the conditions  of manufacture. 
Where ropes or chains are used to suspend th e car, there must be at  least two independent 
cables or chains, each with its own anchorage system. Such ropes and chains must have no 
joins or splices except where necessary for fixing or forming a loop. 
1.4. Control of loading (including overspeed) 
1.4.1. Lifts must be so designed, constructed and in stalled as to prevent normal starting if the 
rated load is exceeded. 
1.4.2. Lifts must be equipped w ith an overspeed governor. 
These requirements do not apply to lifts in whic h the design of the drive system prevents 
overspeed. 
1.4.3. Fast lifts must be equipped with a speed-monitoring and speed-limiting device. 
1.4.4. Lifts driven by friction pulleys  must be designed so as to en sure stability of the traction 
cables on the pulley. 
1.5. Machinery 
1.5.1. All passenger lifts must have their own i ndividual lift machinery. This requirement 
does not apply to lifts in which the count erweights are replaced by a second car. 
1.5.2. The installer of the lift must ensure that th e lift machinery and the associated devices of 
a lift are not accessible except for maintenance and in emergencies. EN 57   EN 1.6. Controls 
1.6.1. The controls of lifts intended for use by unaccompanied disabled persons must be 
designed and located accordingly. 
1.6.2. The function of the controls must be clearly indicated. 
1.6.3. The call circuits of a group of lifts may be shared or interconnected. 
1.6.4. Electrical equipment must be so  installed and connected that: 
(a)- there can be no possible confus ion with circuits which do not have any direct connection 
with the lift, ; 
(b)- the power supply can be switched while on load, ; 
(c)- movements of the lift are dependent on electri cal safety devices in a separate electrical 
safety circuit, ; 
(d)- a fault in the electrical in stallation does not give rise  to a dangerous situation. 
2. HAZARD  TO ⌦ RISKS  FOR  ⌫ PERSONS  OUTSIDE  THE  CAR 
2.1. The lift must be designed and constructed to ensure that the space in  which the car travels 
is inaccessible except for maintenance or in emer gencies. Before a person enters that space, 
normal use of the lift must be made impossible. 
2.2. The lift must be designed and constructed to prevent the risk of crushing when the car is 
in one of its extreme positions. 
The objective will be achieved by means of  free space or refuge beyond the extreme 
positions. 
However, in specific cases, in affording Me mber States the possib ility of giving prior 
approval, particularly in existing buildings, wher e this solution is impossible to fulfil, other 
appropriate means may be pr ovided to avoid this risk. 
2.3. The landings at the entrance and exit of the car must be equipped with landing doors of 
adequate mechanical resistance fo r the conditions of use envisaged. 
An interlocking device must pr event during normal operation: 
(a)- starting movement of the car, whether or not deliberately acti vated, unless all landing 
doors are shut and locked, ; 
(b)- the opening of a landing door when the car is still moving and outside a prescribed 
landing zone. 
However, all landing movements with the doors open shall be allowed in specified zones on 
condition that the level ling speed is controlled. EN 58   EN 3. HAZARD  TO ⌦ RISKS  FOR  ⌫ PERSONS  IN THE  CAR 
3.1. Lift cars must be completely enclosed by full-length walls, fitt ed floors and ceilings 
included, with the exception of ve ntilation apertures, and with  full-length doors. These doors 
must be so designed and installed that the ca r cannot move, except for the landing movements 
referred to in the third subparagraph of Section  Point  2.3, unless the doors are closed, and 
comes to a halt if th e doors are opened. 
The doors of the car must remain closed and in terlocked if the lift st ops between two levels 
where there is a risk of a fall between the ca r and the shaft or if there is no shaft. 
3.2. In the event of a power cut or failure of co mponents the lift must ha ve devices to prevent 
free fall or uncontrolled upward  movements of the car. 
The device preventing the free fall of the car must be independent  of the means of suspension 
of the car. 
This device must be able to stop the car at its rated load and at the maximum speed 
anticipated by the insta ller of the lift. Any stop occasioned by this device must not cause 
deceleration harmful to the occupants whatever the load conditions. 
3.3. Buffers must be installed between the botto m of the shaft and the floor of the car. 
In this case, the free space referred to in Section  Point  2.2 must be measured with the buffers 
totally compressed. 
This requirement does not apply to lifts in whic h the car cannot enter th e free space referred to 
in Section  Point  2.2 by reason of the desi gn of the drive system. 
3.4. Lifts must be so designed and constructed as to make it impo ssible for them to be set in 
motion if the device provided for in Section  Point  3.2 is not in an operational position. 
4. OTHER  HAZARDS  ⌦ RISKS  ⌫ 
4.1. The landing doors and car doors or the tw o doors together, where motorized, must be 
fitted with a device to pr event the risk of crushing when they are moving. 
4.2. Landing doors, where they have to contribut e to the protection of the building against 
fire, including those with glass parts, must be  suitably resistant to fire in terms of their 
integrity and their properties with regard to insulation (containment of flames) and the 
transmission of heat (thermal radiation). 
4.3. Counterweights must be so installed as to avoid any risk of colliding with or falling on to 
the car. 
4.4. Lifts must be equipped with means enabling people trapped in the car to be released and 
evacuated. 
4.5. Cars must be fitted with two-way means of communication allowing permanent contact 
with a rescue service. EN 59   EN 4.6. Lifts must be so designed and constructed that , in the event of the temperature in the lift 
machine exceeding the maximum set by the installe r of the lift, they can complete movements 
in progress but refu se new commands. 
4.7. Cars must be designed a nd constructed to en sure sufficient ventilation for passengers, 
even in the event of a prolonged stoppage. 
4.8. The car should be adequately lit whenever in use or whenever a door is opened; there 
must also be emergency lighting. 
4.9. The means of communicati on referred to in Section  Point  4.5 and the emergency lighting 
referred to in Section  Point  4.8 must be designed and cons tructed so as to function even 
without the normal power supply. Their period  of operation should be long enough to allow 
normal operation of the rescue procedure. 
4.10. The control circuits of lifts which may be used  in the event of fire must be designed and 
manufactured so that lifts may be prevented from stopping at certain levels and allow for 
priority control of the lift by rescue teams. 
5. MARKING 
5.1. In addition to the minimum particulars re quired for any machine pursuant to Section  
Point  1.7.3 of Annex I to Directive 89/392/EEC  2006/42/EC , each car must bear an easily 
visible plate clearly showing the rated load in kilograms and the maximum number of 
passengers which may be carried. 
5.2. If the lift is designed to a llow people trapped in the car to escap e without outside help, the 
relevant instructions must be clear and visible in the car. 
 
Ð 95/16/EC (adapted) 
Ö new 
6. INSTRUCTIONS  FOR  USE 
6.1. The safety components ⌦ for lifts ⌫ referred to in Annex IV  III must be accompanied 
by an instruction manual drawn up Ö in a language which can be easily understood by 
consumers and other end-users, as determined by  in an official language of  the Member 
State of the li ft installer or anot her Community language acceptable to him  Ö concerned  , 
so that: ⌦ the following can be carried out  effectively and without danger: ⌫ 
(a)- assembly;,  
(b)- connection;,  
(c)- adjustment;, and  
(d)- maintenance.,  
can be carried out effectively and without danger.  EN 60   EN 6.2. Each lift must be accompanied by documentation  Ö instructions for use  drawn up 
in Ö a language which can be easily underst ood by consumers and other end-users, as 
determined by the Member State concerned.  the official language (s) of the Community, 
which may be determined in accordance with the Treaty by the Member State in which the lift 
is installed . The  document ation  Ö Those instructions for use  shall contain at least ⌦ the 
following documents: ⌫ 
 
Ð 95/16/EC 
(a)- an instruction manual containing the plan s and diagrams necessary for normal use and 
relating to maintenance, inspection, repair, periodic checks and the rescue operations referred to in Section
 Point  4.4,; 
(b)- a logbook in which repairs and, where appr opriate, periodic checks can be noted. EN 61   EN  
Ð 95/16/EC (adapted) 
ANNEX II   
A. CONTENT OF THE ⌦ EU ⌫ EC DECLARATION OF CONFORMITY FOR SAFETY 
COMPONENTS ⌦ FOR LIFTS  ⌫ 24 
The ⌦ EU ⌫ EC declaration of conformity ⌦for safety components for lifts shall be 
drafted in the same language as the instruction manual referred to in Annex I, Point 6.1, and 
be either typewritten or printed and ⌫ must  ⌦ shall ⌫ contain the following information: 
⌦ (a) business ⌫ - name and ⌦ full ⌫ address of the manufacturer of the safety 
components25,; 
(b)- where appropriate, ⌦ business ⌫ name and address of his authorized representative 
established in the Community26⌦Union ⌫,; 
(c)- description of the safety component ⌦ for lifts ⌫, details of type or  series and serial 
number (if any), ; 
(d)- safety function of the safety component ⌦ for lifts ⌫, if not obvious from the 
description, ; 
(e)- year of manufacture of  the safety component ⌦ for lifts ⌫,; 
(f)- all relevant provisions with  which the safety component ⌦ for lifts ⌫ complies, ; 
 
Ø new 
(g) a statement that the safety co mponent for lifts is in conformity with all the relevant Union 
harmonisation legislation;  
 
Ð 95/16/EC (adapted) 
(h)- where appropriate, reference  ⌦ reference(s) ⌫ to harmonized standard  
⌦ standard(s) ⌫ used, ; 
(i)- where appropriate, ⌦ the ⌫ name, address and identification number of the notified 
body which carried out the ⌦ EU ⌫ EC type-examination in accordance with Article 15(a)  
and (b ) 8 (1)(a) (i) and (ii),  ⌦ and ⌫ where appropriate,  the reference to  ⌦ of ⌫ the 
⌦ EU ⌫ EC type-examination certificate issued by that notified body, ;  
                                                 
24 The declaration must be drafted in the same language as the instruction manual referred to in Annex I, 
Section 6.1, and be either typewritten or  printed.  
25 Business name, full address; in the case of an authorized representativ e, also indicate the business name 
and address of the manufacturer of the safety components.  
26 Business name, full address; in the case of an authorized representative, also  indicate the business name 
and address of the manufacturer of the safety components.  EN 62   EN (j)- where appropriate, name, addr ess and identification number  of the notified body which 
carried out the production checks i n accordance with Article 8 (1) (a) (ii)  ⌦ conformity 
assessment procedure in acco rdance with Article 15(a) ⌫,;  
(k)- where appropriate, name, address and identi fication number of the notified body which 
checked  ⌦ approved ⌫ the  system of  quality assurance ⌦ system operated ⌫ 
implemented  by the manufacturer in accordance  with Article 15(b) and (c);  8(1) (a) (iii) , 
identification of the signatory empowered to act on behalf of the manuf acturer of the safety 
components or his authorized represe ntative established in the Community.   
⌦(l) the name and function of the person empowered  to sign the declaration on behalf of the 
manufacturer or his auth orized representative established in the Union; ⌫ 
 
Ø new 
(m) place and date of signature;  
(n) signature.  
 
Ð 95/16/EC (adapted) 
B. CONTENT OF THE EC ⌦ EU ⌫ DECLARATION OF CONFORMITY FOR INSTALLED LIFTS27  
The EC  ⌦ EU ⌫ declaration of conformity ⌦ for lifts shall be drafted in the same 
language as the instruction manua l referred to in Annex I, Poin t 6.2, and be either typewritten 
or printed and ⌫ must  ⌦ shall ⌫ contain the following information: 
⌦ (a) business ⌫ name and ⌦ full ⌫ address of the installer of the lift28,; 
(b)- description of the lift, details of the type or series, serial number and address where the 
lift is fitted  ⌦ installed ⌫,; 
 
Ð 95/16/EC 
(c)- year of installation of the lift, ; 
(d)- all relevant provisions to  which the lift conforms, ; 
 
Ø new 
(e) a statement that the lift is in conformity  with all the relevant  Union harmonisation 
legislation; 
                                                 
27 This declaration must be drafted in the same langua ge as the instruction manual referred to in Annex I, 
Section 6.2, and be either typewritten or printed.  
28 Business na me and full address.  EN 63   EN  
Ð 95/16/EC (adapted) 
Ö new 
(f)- where appropriate, ⌦ the ⌫ reference  ⌦ reference(s) ⌫ to harmonized standards 
used, ; 
(g)- where appropriate, ⌦ the ⌫ name, address and identifi cation number of the notified 
body which carried out the EC  ⌦ EU ⌫ type-examination of the model of the lift  in 
accordance with Article 16(1) (a)  8 (2), (i)  and (ii),  ⌦ and the ⌫ - where appropriate,  
reference of the EC  ⌦ EU ⌫ type-examination certificate,  ⌦ issued by that notified 
body; ⌫ 
(h)- where appropriate, ⌦ the ⌫ name, address and identifi cation number of the notified 
body which carried out the ⌦ unit ⌫ verification ⌦ procedure ⌫ of the lift  in accordance 
with Article 8 (2) (iv),  16(1)(c), ; 
(i)- where appropriate, ⌦ the ⌫ name, address and identification number of the notified 
body which carried out the final inspection of the lift in accordance with  the first indent of  
Article 8 (2), (i), (ii) and (iii) , 16(1)(a)(i) and 16(1)(b)(i);  
(j)- where appropriate, name, address, and iden tification number of the notified body which 
inspected  Ö approved  the quality assurance system implemented  ⌦ operated ⌫ by the 
installer in accordance with the second and third indents of  Article (8 ) (2) (i), (ii), (iii) and (v) 
16(1)(a)(ii); 16(1)(a)(iii); 16(1)(b )(ii); 16(1)(b)(iii) and 16(1)(d), ; 
– identification of the signatory having been  empowered to act on behalf of the lift 
installer.  
⌦(k) the name and function of the person empowere d to sign the declaration on behalf of the 
installer; ⌫ 
 
Ø new  
(l) place and date of signature;  
(m) signature. EN 64   EN  
 
Ð 95/16/EC 
ANNEX III  
CE CONFORMITY MA RKING  
The CE conformity marking shall consist of the initials «CE» taking the following form:  
 
If the CE marking is reduced or enlarged the proportions given in the above drawing must be 
respected.  
The various components of the CE marking mu st have substantially  the same vertical 
dimension, which may not be less than 5  mm. This m inimum dimension may be waived for 
small -scale safety components.  
The CE marking shall be followed by the identi fication number of the notified body that deals 
with 
– the procedures referred to in Article 8 (1) (a) (ii) or (iii),  
– the procedures referred to i n Article 8 (2).  
 
Ð 95/16/EC (adapted) 
ANNEX IIIIV 
LIST OF SAFETY COMPONENTS ⌦ FOR LIFTS  ⌫ REFERRED TO IN ARTICLE 
1 (1) AND ARTICLE 8 (1)15 
 
Ð 95/16/EC 
1. Devices for locking landing doors. EN 65   EN  
Ð 95/16/EC (adapted) 
2. Devices to prevent falls referred to in Section  Point  3.2 of Annex I to prevent the car from 
falling or unchecked upward  ⌦ uncontrolled ⌫ movements. 
 
Ð 95/16/EC  
3. Overspeed limitation devices.  
 
Ð 95/16/EC (adapted) 
4. (a) Energy-accumulating shock absorbers  ⌦ buffers ⌫ : 
(i)- either  non-linear, ⌦ or ⌫ 
(ii)- or with damping of the return movement. 
(b) Energy-dissipati ng shock absorbers  ⌦ buffers ⌫ . 
 
Ð 95/16/EC  
5. Safety devices fitted to jacks of hydraulic powe r circuits where these ar e used as devices to 
prevent falls. 
 
Ð 95/16/EC (adapted) 
6. Electric safety devices in the form of safety switches  ⌦ circuits ⌫ containing electronic 
components. EN 66   EN  
Ð 95/16/EC (adapted) 
Ö new 
ANNEX IVV   
EC ⌦ EU ⌫ TYPE-EXAMINATION ⌦ FOR LIFTS AND SAFETY COMPONENTS 
FOR LIFTS  ⌫ 
(module B)  
A. EC ⌦ EU ⌫ TYPE -EXAMINATION OF SAFETY COMPONENTS ⌦ FOR LIFTS  ⌫ 
1. EC  ⌦ EU ⌫ type-examination is the Ö part of a conformity assessment  procedure 
whereby a notified body ascertains and certifies th at a representative specimen of a safety 
component ⌦ for lifts ⌫ will permit the lift to which it is correctly fitted to satisfy the 
applicable requirements of the Directive. 
2. The application for ⌦ EU ⌫ EC type-examination shall be lodged by the manufacturer, 
of the safety component , or his authorized representati ve established in the Community  
⌦ Union, ⌫ with a Ö single  notified body of his choice.  
The application must  ⌦ shall ⌫ include: 
(a) - the name and address of the manufacturer of the safety  component  and of his 
authorized representative , if the application is made by the latter, , ⌦ if the 
application is lodged by the authorized repr esentative, his name and address as well 
⌫ and the place of manufacture of the safety components ⌦ for lifts ⌫,; 
 
Ð 95/16/EC 
(b) - a written declaration that the same app lication has not been lodged with any other 
notified body, ; 
 
Ð 95/16/EC (adapted) 
(c) - a technical dossier , ⌦ file(s); ⌫  
(d) - a representative specimen of the safety component ⌦ for lifts ⌫ or details of the 
place where it can be examined. The notified body may make reasoned request for  
further specimens ⌦ if needed for carrying out the test program ⌫.;  
 
Ø new 
(e) the supporting evidence for the adequacy of the technical design solution. This 
supporting evidence shall mention any documents  that have been used, in particular 
where the relevant harmonised standards have not been applied in full. The 
supporting evidence shall include, where necessa ry, the results of tests carried out by 
the appropriate laboratory of the manufactur er, or by another te sting laboratory on 
his behalf and under his responsibility.  EN 67   EN  
Ð 95/16/EC (adapted) 
3. The technical dossier  ⌦ file ⌫ must ⌦ shall ⌫ allow an assessment of the conformity 
and adequacy of the safety component ⌦ for lifts ⌫ to enable a lift to which it is correctly 
fitted to conform with the provisions  ⌦ to the applicable requirements ⌫ of the Directive. 
In so far as is necessary for the purpose of assessing co nformity,  Tthe technical dossier  
⌦ file ⌫ should include the following: 
(a)- a general  description of the safety component ⌦ for lifts ⌫, including its area of use (in 
particular possible limits on speed, load and po wer) and conditions (in particular explosive 
environments and exposure to the elements) , ;  
 
Ð 95/16/EC 
(b)- design and manufacturing drawings or diagrams, ; 
 
Ø new 
(c) explanations necessary for the understanding of those drawings and diagrams and the 
operation of the safety component for lifts;  
 
Ð 95/16/EC (adapted) 
⌦ (d) a list of the essential he alth and safety requirements; ⌫essential requirement(s) taken 
into conside ration and the means adopted to satisfy it (them) (e.g. a harmonized standard),   
 
Ø new 
(e) a list of the harmonised standards the re ferences of which have been published in the 
Official Journal of the European Union , applied in full or in part , and descriptions of the 
solutions adopted to meet the essential health and safety requirements of the Directive where 
those harmonised standards have not been app lied. In the event of partly applied harmonised 
standards, the technical file shall specif y the parts which have been applied;  
 
Ð 95/16/EC (adapted) 
(f)- results of any tests or  calculations performed ⌦ by ⌫ or subcontracted by  ⌦ for ⌫ 
the manufacturer, ; 
 
Ø new 
(g) test reports;  
 
Ð 95/16/EC (adapted) 
(h)- a copy of the assembly  instruction ⌦ manual ⌫ for the safety components ⌦ for 
lifts ⌫,; EN 68   EN (i)- steps taken at the manufactur ing stage to ensure that seri es-produced safety components 
⌦ for lifts ⌫ conform to the safety component ⌦ for lifts ⌫ examined. 
4. The notified body shall: examine the technical dossier to assess how far it can meet 
the desired aims,   
⌦ (a) examine the technical file to assess the adequacy of the technical design of the safety 
component for lifts; ⌫ 
 
Ø new 
(b) agree with the applicant on a location where the examinations and tests will be carried out;  
 
Ð 95/16/EC (adapted) 
– examine the safety component to check its  adequacy in terms of the technical 
dossier,  
⌦ (c) verify that the representative specimen( s) has(have) been manuf actured in conformity 
with the technical file, and identify the elements which have been designed in accordance with the specifications of harm onised standards, as well as the elements which have been 
designed without applying the spec ifications of those standards; ⌫ 
– perform or have performed the appropria te checks and tests necessary to check 
whether the solutions adopted by the manufacturer of the safety component meet the 
requirements of the Directive allowing the sa fety component to carry out its function 
when co rrectly fitted on a lift.  
⌦ (d) carry out appropriate examinations and tests, or have them carried out, to check 
whether, where the manufacturer has chosen to  apply the specifications of the relevant 
harmonised standards, these ha ve been applied correctly; ⌫ 
⌦ (e) carry out appropriate examinations and tests, or have them carried out, to check 
whether, where the specifications of the releva nt harmonised standards ha ve not been applied, 
the solutions adopted by the ma nufacturer meet the co rresponding essential health and safety 
requirements of the Directive. ⌫ 
 
Ø new 
The notified body shall draw up an evaluation report that records the examinations, 
verifications and tests carried out  and their outcome. W ithout prejudice to its  obligations vis-à 
vis the notifying authorities, the notified body shall releas e the content of that  report, in full or 
in part, only with the agr eement of the manufacturer. 
 
Ð 95/16/EC (adapted) 
5. If t he representative specimen of the safety com ponent complies with th e provisions of the 
Directive applicable to it, the notified body must issue an EC type -examination certificate to 
the applicant. The certificate must c ontain the name and address of the ma nufacturer of the EN 69   EN safety component, the conclusions of the chec k, any conditions of validity of the certificate 
and the particulars necessary to identify the approved type.   
The Commission, the Member States and th e other notified bodies may obtain a copy of the 
certificate and, on a reasoned request, a copy of the technical dossi er and reports of 
examinations, calculations and tests carried out. If the notifie d body refuses to issue an EC 
type-examination certificate to the manufacturer, it must state the detailed grounds for refusal. 
Provision must be made for an appeal procedure.  
⌦ 5. If the representative specimen(s) of the safety component for lifts complies(comply) 
with the essential health and sa fety requirements of the Direc tive, the notified body shall issue 
an EU type-examination certificate to the applic ant manufacturer. The ce rtificate shall contain 
the name and address of the manufacturer of th e safety component and, where appropriate, of 
his authorised representative, the conclusions  of the type-examination, any conditions of 
validity of the certificate and the particular s necessary to identify the approved type. ⌫ 
 
Ø new  
The certificate may have one or more annexes attached. 
Where the representative spec imen(s) does(do) not comply w ith the applicable essential 
health and safety requirements of the Directive, th e notified body shall refu se to issue an EU 
type-examination certificate and shall inform  the applicant accordingly, giving detailed 
reasons for its refusal. 
The notified body shall keep a copy of the EU t ype-examination certificate, its annexes and 
additions, as well as the techni cal file and the evaluation report , for a period of 15 years from 
the date of issue of the certificate. 
 
Ð 95/16/EC (adapted) 
⌦ 6. The notified body shall k eep itself apprised of a ny changes in the generally 
acknowledged state of the art which indicate that the approved type may no longer comply 
with the applicable requirements of the Direc tive, and shall determine whether such changes 
require further investigation. If so, the no tified body shall inform the manufacturer 
accordingly. ⌫ 
6. The manufacturer of the safety component or his authorized representative established in 
the Comm unity must inform the notified body of a ny alterations, even of a minor nature, 
which he has made or plans to make to the approved safety component, including new 
extensions or variants not specified in the or iginal technical dossier (see the first indent of 
Section 3). The notified body must examine the a lterations and inform the applicant whether 
the EC type -examination certificate remains valid29. 
⌦ 7. The manufacturer or his authorized repr esentative shall inform the notified body of any 
modification to the approved type that may affect the conformity  of the safety component for 
                                                 
29 If the notified body deems it necessary, it may either issue an addition to the original EC type -
examination certificate or ask for a fresh application to be submitted.  EN 70   EN lifts with the essential health and safety requi rements of the Directive or the conditions of 
validity of the EU type-examination certificate. ⌫ 
7. Eac h notified body must communicate to the Memb er States the relevant information 
concerning:  
– EC type -examination certificates issued , 
– EC type -examination certificates withdrawn.  
Each notified body must also communicate to the other notified bodies the releva nt 
information concerning the EC type -examination certificates it has withdrawn . 
⌦ The notified body shall examine the modification and inform the applicant whether the 
EU type-examination certificate remains valid or  whether further examinations, verifications 
or tests are needed. As appropria te, the notified body shall issue an  addition to the original EU 
type- examination certificate or ask for a new application for an EU type-examination to be 
submitted. ⌫ 
⌦ 8. Each notified body shall inform its notif ying authorities concerning the EU type 
examination certificates and any additions thereto which it has issued or  withdrawn, and shall, 
periodically or upon request, make available to its notifying authorities the list of certificates 
and any additions thereto refused, su spended or otherwise restricted. ⌫ 
⌦ Each notified body shall inform the othe r notified bodies concerning the EU type 
examination certificates and/or any additi ons thereto which it has refused, withdrawn, 
suspended or otherwise restricted, and, upon request, concerning the certificates and/or 
additions thereto which it has issued. ⌫ 
⌦ 9. The Commission, the Member States an d the other notified bodies may, on request, 
obtain a copy of the EU type-examination certif icates and additions thereto. On request, the 
Commission and the Member States  may obtain a copy of the tech nical file and of the report 
on the examinations, verifications and tests carried out by the notified body. ⌫ 
⌦ 10. EU ⌫ 8. EC  type-examination certificates and the dossiers  ⌦ documents ⌫ and 
correspondence relating to ⌦ EU ⌫ EC type-examination procedures must  ⌦ shall ⌫ be 
drawn up in an official language of the Memb er State where the notif ied body is established 
or in a language acceptable to it. 
 
Ð 95/16/EC (adapted) 
Ö new 
9. 11. The manufacturer of the safety component  or his authorized representative must  
⌦ shall ⌫ keep with the technical documentation  ⌦ file ⌫ copies of ⌦ EU ⌫ EC type-
examination certificates Ö , their annexes  and their  additions for a period of 10 years after 
the last safety component ⌦ for lifts ⌫ has been ⌦ placed on the market ⌫ manufactured . 
Where neither the manufacturer of a safety component  nor his authorized representative is 
established in the Community  ⌦ Union, ⌫ the obligation to keep the technical 
documentation  ⌦ file ⌫ available falls to the person who places the safety component 
⌦ for lifts ⌫ on the Community  ⌦ Union ⌫ market. EN 71   EN  
Ð 95/16/EC (adapted) 
Ö new 
B. ⌦ EU ⌫ EC TYPE -EXAMINATION OF LIFTS  
1. ⌦ EU ⌫ EC type-examination is the Ö part of a conf ormity assessment  procedure 
whereby  ⌦ in which ⌫ a notified body ascertains and certifies that a mode l lift or that a lift 
for which there is no provision for an extension or variant, satisfies the ⌦ applicable ⌫ requirements of the Directive.  
2. The application for ⌦ EU ⌫ EC
 type-examination must  ⌦ shall ⌫ be lodged by the 
installer of the lift  with a ⌦single ⌫ notified body of his choice. 
The application must  ⌦ shall ⌫ include: 
(a)- the name and address of the installer of the lift ,; 
 
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(b)- a written declaration that the same a pplication has not been lodged with any 
other notified body, ; 
 
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(c)- a technical dossier , ⌦ file(s); ⌫ 
(d)- details of the place where the model lift can be examined. The model lift 
submitted for examination shall include the terminal parts and be capable of serving at least three levels (top, middle and bottom),
; 
 
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(e) the supporting evidence for the adequacy  of the technical design solution. This 
supporting evidence shall mention any documents  that have been used, in particular 
where the relevant harmonised standards have not been applied in full. The 
supporting evidence shall include, where necessa ry, the results of tests carried out by 
the appropriate laboratory of the lifts manufacturer, or by another testing laboratory 
on his behalf and under his responsibility.  
 
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3. The technical dossier  ⌦ file ⌫ must  ⌦ shall ⌫ allow an assessment of the conformity 
of the lift with the provisions  ⌦ essential health and safety requirements ⌫ of the Directive 
and an understanding of the desi gn and operation of the lift. 
In so far as is necessary for th e purpose of assessing conformity,  Tthe technical dossier  
⌦ file ⌫ should include the following:  EN 72   EN (a)- a general  description of the representative  model of the lift. The technical dossier should 
indicate ⌦ indicating ⌫ clearly all ⌦ the permitted variations of the ⌫ possible 
extensions to the representative  model lift under examination (see Article 1 (4) ), ⌦ referred 
to in Article 2(3); ⌫ 
 
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(b)- design and manufacturing drawings or diagrams, ; 
 
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(c) explanations necessary for the understanding of those draw ings and diagrams and of the 
operation of the model lift;  
 
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⌦ (d) a list of the ⌫ essential ⌦ health and safety ⌫ requirements taken into 
consideration and the means adopted to satisfy them (e.g. a harmonised standard). ; 
 
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(e) a list of the harmonised standards the re ferences of which have been published in the 
Official Journal of the European Union , applied in full or in part , and descriptions of the 
solutions adopted to meet the essential health and safety requirements of the Directive where 
those harmonised standards have not been app lied. In the event of partly applied harmonised 
standards, the technical file shall specif y the parts which have been applied;  
 
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(f)- a copy of the ⌦ EU ⌫ EC declarations of conformity of the safety components ⌦ for 
lifts ⌫ used in the  manufacture of the ⌦ model ⌫ lift,; 
(g)- results of any tests or ca lculations performed or subc ontracted by the manufacturer  ⌦ by 
or for the installer ⌫,; 
 
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(h) test reports;  
 
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(i)- a copy of the lift instruction manual, ; 
 
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(j)- steps taken at the installation stage to ensure  that the series-produced  lift conforms to the 
provisions  ⌦ essential health and safety requirements ⌫ of the Directive. 
4. The notified body must  ⌦ shall: ⌫ EN 73   EN (a)- examine the technical dossier  ⌦ file ⌫ to assess how far it can meet the desired aims , 
⌦ the adequacy of the techni cal design of the model lift; ⌫  
 
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(b) agree with the installer on a location where th e examinations and tests will be carried out;  
 
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– examine the representative model of the lift to check that it has b een manufactured in 
accordance with the tec hnical dossier,  
 
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(c) examine the model lift to check that it has been manufactured in accordance with the 
technical file, and identify the elements which have been designed in accordance with the 
specifications of the relevant ha rmonised standards, as well as  the elements which have been 
designed without applying the spec ifications of those standards; 
 
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– perform or have performed the appropriate checks and tests necessary to check that 
the solutions adopt ed by the installer of the lift meet the requirements of the 
Directive and allow the lift to comply with them.  
 
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(d) carry out appropriate examina tions and tests, or have them carried out, to check whether, 
where the installer has chosen to apply th e specifications of th e relevant harmonised 
standards, these have b een applied correctly;  
(e) carry out appropriate examina tions and tests, or have them carried out, to check whether, 
where the specifications of the relevant harm onised standards have not been applied, the 
solutions adopted by the insta ller meet the corresponding e ssential health and safety 
requirements of the Directive.  
The notified body shall draw up an evaluation report that records the examinations, 
verifications and tests carried out undertaken and their outcome. Without prejudice to its 
obligations vis-à vis the notifying authorities,  the notified body shall release the content of 
that report, in full or in part, only with the agreement of the lifts manufacturer  
 
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5. If the model lift complies with the provisions of the Directive  Ö essential health and safety 
requirements set out in Annex I  applicable to it, the notified body must  ⌦ shall ⌫ issue 
an EC  ⌦ EU ⌫ type-examination certifi cate to the applicant  ⌦ installer ⌫. The certificate 
must  ⌦ shall ⌫ contain the name and address of th e installer, the conclusions of the check,  
⌦ the EU type-examination ⌫, any conditions of validity of the certificate and the 
particulars necessary to identify the approved type  ⌦ model lift ⌫.  EN 74   EN If the notified body refuses to issue an EC type -examination certificate to the manufacturer, it 
must state the detailed grounds for refusal. Provi sion must be made for an appeal procedure . 
6. The installer of the lift must inform the notified body of any alt erations, even of a minor 
nature, which he has made or plans to make to  the approved lift, includ ing new extensions or 
variants not specified in the or iginal technical dossier (see the first indent of Section 3). The 
notified body must examine the alterati ons and inform the applicant whether the EC type -
examination certificate remains valid30. 
7. Each notified body must communicate to the Member States the relevant information 
concerning:  
– EC type -examination certificates issued,  
– EC type -examination certifica tes withdrawn.  
Each notified body must also communicate to  the other notified bodies the relevant 
information concerning the EC type -examination certificates it has withdrawn.  
 
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The certificate may have one or more annexes attached. 
Where the model lift does not comp ly with the essential health and safety requirements set out 
in Annex I, the notified body shall refuse to issue an EU type-examination certificate and 
shall inform the installer accordingly, gi ving detailed reasons for its refusal. 
The notified body shall keep a copy of the EU t ype-examination certificate, its annexes and 
additions, as well as the technical file and the evaluation report for a period of 15 years from 
the date of issue of the certificate. 
6. The notified body shall keep itself apprised of any changes in the generally acknowledged 
state of the art which in dicate that the approved type may no  longer comply with the essential 
health and safety requirements set out in A nnex I and shall determine whether such changes 
require further investigation. If  so, the notified body shall info rm the installe r accordingly. 
7. The installer shall in form the notified body of  any modifications to  the approved type, 
including variations not specified in the original technical file, that may affect the conformity 
of the lift with the essential health and sa fety requirements set out in Annex I or the 
conditions of validity of the certificate. 
The notified body shall examine the modification and inform the installer whether the EU 
type-examination certificate remains valid or wh ether further examinati ons, verifications or 
tests are needed. As appropriate  the notified body shall issue an addition to the original EU 
type-examination certificate or ask for a new application for an EU type-examination to be 
submitted. 
                                                 
30 If the notified body deems it necessary, it may either issue a n addition to the original EC type -
examination certificate or ask for a fresh application to be submitted.  EN 75   EN 8. Each notified body shall inform its notif ying authorities concerning the EU type-
examination certificates and any additions thereto which it has issued or  withdrawn, and shall, 
periodically or upon request, make available to its notifying authorities the list of certificates 
and any additions thereto refused, su spended or otherwise restricted.  
Each notified body shall inform the other notif ied bodies concerning the EU type-examination 
certificates and any additions thereto which it has refused, withdrawn, suspended or otherwise 
restricted, and, upon request, conc erning the certificates and addi tions thereto which it has 
issued.  
 
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9. The Commission, the Member States  and the other notified bodies may ⌦, on request, ⌫ 
obtain a copy of the EC  ⌦ EU type-examination certifi cates and additions thereto ⌫ 
certificate and, on a reasoned request ,. ⌦ On request, the Comm ission and the Member 
States may obtain ⌫ a copy of the technical ⌦ file ⌫ dossier  and ⌦ of the report on the 
examinations, verifications and te sts carried out by the notified body. ⌫ and reports of 
examinations, calculations and tests carried out.  
8.10. EC ⌦ EU ⌫ type-examination certifi cates and the dossiers  ⌦ documents ⌫ and 
correspondence relating to EC ⌦ EU ⌫ type-examination procedures must  ⌦ shall ⌫ be 
drawn up in one  ⌦ an ⌫ of the  official languages  ⌦ language ⌫ of the Member State 
where the notified body is established or in a language acceptable to it. 
 
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9.11. The installer of the lift  must  ⌦ shall ⌫ keep with the technical documentation  
⌦ file ⌫ copies of EC  ⌦ EU ⌫ type-examinati on certificates Ö , their annexes  and 
their additions for a period of at least 10 year s after the last lift has been manufactured  
⌦ placed on the market ⌫ in conformity with the representative  model of the lift. EN 76   EN  
 
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ANNEX VVI  
FINAL INSPECTION ⌦ FOR LIFTS  ⌫ 
1. Final inspection is the procedure whereby the in staller of the lift who fulfils the obligations 
of Section 2 ensures and declares that the lift which is being placed on the market satisfies the 
requirements of the Directive. The installer of th e lift shall affix the CE marking in the car of 
each lift and draw up an EC declaration of conformity.  
⌦ 1. Final inspection is the part of a confor mity assessment procedure whereby a notified 
body ascertains and certifies that an  installed lift subjec t to an EU type-examination certificate 
or designed and manufactured according to an approved full quality assurance system satisfies the essential health and safety requirements set out in Annex I. ⌫ 
2. The installer of the lift shall take all steps necessary to ensure that the lift being placed on 
the market conforms with the model lift d escribed in the EC type -examination certificate and 
the essential health and safety requirements applicable to it.  
⌦ 2. OBLIGATIONS OF THE INSTALLER ⌫ 
⌦ 2.1. The installer shall take a ll measures necessary to ensure  that the lift being installed 
complies with the essential health and safety requirements set out in Annex I and with any of the following: ⌫ 
⌦ (a) an approved type described in an EU type-examination certificate; ⌫ 
⌦ (b) a lift designed and manufactured in accord ance with a full quality assurance system 
pursuant to Annex XI and the EU design examinati on certificate if the design is not wholly in 
accordance with the ha rmonized standards. ⌫ 
 
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⌦2.2. The installer shall draw up an EU declarat ion of conformity and affix the CE marking 
in the car of each lift which satisfies the esse ntial health and safety requirements of this 
Directive. ⌫ 
⌦ 3. FINAL INSPECTION . ⌫ 
5. The notified body must receive the following documents:  
⌦ 3.1 The installer shall provide to th e notified body the following documents: ⌫ 
(a)- the plan of the complete lift, ; 
(b)- the plans and diagrams necessary for fina l inspection, in particular control circuit 
diagrams, ;  EN 77   EN (c)- a copy of the instruction manual  ⌦ for use ⌫ referred to in Annex I, Section  Point  6.2. 
The notified body may not require detailed plan s or precise information not necessary for 
verifying the conformity of the ⌦ installed ⌫ lift about to be placed on the market with the 
model lift describe d in the EC type -examination declaration .  
⌦ 3.2 A notified body chosen by the installer sh all carry out the fina l inspection of the 
installed lift about to be placed on the market in order to check the conformity of the lift with 
the applicable essential health and sa fety requirements of this Directive. ⌫ 
⌦ The appropriate examinations and tests set out in the relevant harmonised standard(s) 
referred to in Article 14 shall be carried out in order to ensure the conformity of the lift with the applicable essential health and safety requirements of this Directive. In the absence of such harmonised standards, the notified bod y concerned shall determine the appropriate 
equivalent tests to be carried out. ⌫ 
4. A notified body chosen by the installer of th
e lift shall carry out or  have carried out the 
final inspection of the lift about to be placed on the market. The appropriate tests and checks 
defined by the applicable standard (s) referred to in Article 5, or  equivalent tests, must be 
carried out in order  to ensure conformity of the lift w ith the relevant requirements of the 
Directive.  
These checks and tests shall cover in particular:  
(a) examination of the documentation to check that the lift conforms with the 
representative model of  the lift approved in accordance with Annex V.B;  
⌦ 3.3. The examinations shall includ e at least any of the following: ⌫ 
⌦ (a) examination of the documents referred to in point 3.1 to check th at the installed lift 
conforms with the model lift subject to an EU  type-examination certificate pursuant to Annex 
IV B; ⌫ 
 
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(b) examination of the documents referred in point 3.1 to check th at the installed lift conforms 
with the lift designed and manu factured in accordance with an approved full quality assurance 
system pursuant to Annex XI and if the desi gn is not wholly in accordance with the 
harmonized standards, with the EU design examination certificate.  
 
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⌦ 3.4. The tests shall include at  least any of the following: ⌫ 
 
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(a)- operation of the lift both empty and at max imum load to ensure correct installation and 
operation of the safety devices (end stops, locking devices, etc.), ; 
(b)- operation of the lift at both maximum load a nd empty to ensure the correct functioning of 
the safety devices in the event of loss of power, ; EN 78   EN  
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(c)- static test with a load equal to 1,25 times the nominal  ⌦ rated ⌫ load.  
The nominal  ⌦ rated ⌫ load shall be that referred to in Annex I, Section  Point  5. 
 
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After these tests, the notified  body shall check that no distorti on or deterioration which could 
impair the use of the lift has occurred. 
 
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⌦ 4. If the installed lift satisfies the essential health and safety require ments set out in Annex 
I, the notified body shall affix or have affixed its identification number adjacent to the CE 
marking in accordance with Articles 18 and 19 and shall draw up a final inspection certificate 
which mentions the examinations and tests carried out. ⌫ 
6. If the lift satisfies th e provisions of the Dire ctive, the notified body shall affix or have 
affixed its identification number adjacent to th e CE marking in accordance with Annex III and 
shall draw up a final inspection certificate whic h mentions the checks and tests carried out.  
 
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The notified body shall fill in the corresponding pages in the logbook referred to in Annex I, 
Section  Point  6.2. 
 
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If the notified body refuses to issue th e final inspection ce rtificate, it must  ⌦ shall ⌫ state 
the detailed reasons for refusal recomme nd means whereby acceptance may be obtained.  
⌦ and indicate the necessary corrective measures to be taken. ⌫ Where the installer again 
applies for final inspection, he must  ⌦ shall ⌫ apply to the same notified body. 
7. The final inspection certificate, dossiers and correspondence relating to the acceptance 
procedures shall be drawn up in one of the o fficial languages of the Member State where  the 
notified body is established or in a language acceptable to it.  
⌦ 5. The final inspection certificate, documenta tion and correspondence re lating to the final 
inspection acceptance procedures shall be drawn up in one of the official languages of the 
Member State where the notified body is esta blished or in a language acceptable to it. ⌫ 
6. 3. The installer of the lift shall keep a copy of the EC  ⌦ EU ⌫ declaration of conformity 
and the final inspection certificate referred to in Section 6 for 10 years after ⌦ the 
placing ⌫ from the date when the lift was placed on the market ⌦ of the lift ⌫ .  EN 79   EN  
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7. The Commission and the Member states ma y obtain a copy of the final inspection 
certificate on request. EN 80   EN  
 
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ANNEX VI I 
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES 
FOR THE NOTIFICATION OF BODIES  
1. The body, its director and the staff re sponsible for carrying out verification operations may 
not be the designer, builder, supplier or manufac turer of safety components or installer of the 
lifts which they inspect, nor the authorized repr esentative of any of these parties. Similarly, 
the body,  its director and the staff responsible fo r supervising the quality assurance systems 
referred to in Article 8 of the Directive ma y not be the designer , builder, supplier or 
manufacturer of safety components or inst aller of the lifts which they inspect, no r the 
authorized representative of any of these pa rties. They may not become involved either 
directly or as authorized repr esentatives in the design, constr uction, marketing or maintenance 
of the safety components or in th e installation of lifts. This does  not preclude the possibility of 
exchanges of technical information between the manufacturer of the safety components or the 
installer of th e lift and the body.  
2. The body and its staff must carry out the in spection or supervision operations with the 
highest degree of professional inte grity and technical competence and must be free from all 
pressures and inducements, particularly financia l, which might influence their judgment or the 
results of the inspection, especially from persons or groups of persons w ith an interest in the 
result of inspection or supervision.  
3. The body must have at its disp osal the necessary staff and po ssess the necessary  facilities to 
enable it to perform properly the technical a nd administrative tasks connected with inspection 
or supervision; it must also have access to th e equipment required for special verification.  
4. The staff responsible for inspection must have:  
sound technical and professional training,  satisfactory knowledge of the requirements for the 
tests they carry out and adequate experience of such tests,  the ability to draw up the 
certificates, records and reports required to  authenticate the performance of the tests . 
5. The impartiality of the inspection staff mu st be guaranteed. Their remuneration must not 
depend on  the number of tests carried out or on the results of such tests.  
6. The body must take out liability insurance un less its liability is assumed by the State in 
accordance with national law, or the Member State itself is directly responsible for the tests.  
7. The staff of the body must observe professiona l secrecy with regard  to all information 
gained in carrying out its tasks (except vis-à-vis the competent administrative authorities of 
the State in which its activities ar e carried out) under this Directive  or any provision of 
national law giving effect to it.  EN 81   EN  
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ANNEX VI  VIII   
PRODUCT QUALITY ASSURANCE ⌦ FOR SAFETY COMPONENTS FOR 
LIFTS ⌫ 
(module E) 
Product quality assurance is  the procedure whereby the manuf acturer of the safety component 
who satisfies Section 2 ensures and declares th at the safety component s are in conformity 
with the type as described in the EC type -examination certificate and satisfy the requirements 
of the Directive that apply to them and ensures a nd declares that the safety component will 
enable a lift to which it is correctly fitted to satisfy the provisions of the Directive.  
The manufacturer of the safety component or his authorized re presentative establi shed in the 
Community must affix the CE marking to e ach safety component and draw up an EC 
declaration of conformity. The CE marking must be accompanied by the identification 
number of the notified body responsible fo r surveillance as sp ecified in Section 4. 
2. The manufacturer must apply an approved quality assurance system for final inspection of 
the safety component and testing as  specified in Section 3, and must be subject to surveillance 
as specified in Section 4.   
⌦ 1. Product quality assurance for safety component s for lifts is the part of the conformity 
assessment procedure whereby a notified body a ssesses the product quality  assurance system 
of a manufacturer in order to ensure that the safety components for lifts are manufactured and 
monitored in conformity with the type descri bed in the EU type-exa mination certificate and 
satisfy the essential health and safety requirements set out in Annex I and will enable a lift to which they are correctly fitted to satisfy those requirements. ⌫ 
⌦ 2.
 OBLIGATIONS OF THE MANUFACTURER ⌫ 
⌦ 2.1. The manufacturer shall apply an approved  product quality assurance system for final 
inspection and testing of the safety component fo r lifts as specified in Point 3, and shall be 
subject to surveillance as  specified in Point 4. ⌫ 
⌦ 2.2. The manufacturer or his au thorized representative establis hed in the Union shall affix 
the CE marking to each safety component fo r lifts and draw up an EU declaration of 
conformity. ⌫ 
3. ⌦ PRODUCT ⌫ QQUALITY ASSURANCE SYSTEM  
3.1. The manufacturer of the safety components  ⌦ or his authorised representative ⌫ must  
⌦ shall ⌫ lodge an application for assessment of his  ⌦ the product ⌫ quality assurance 
system for the safety components concerned  ⌦ for lifts ⌫ with a Ö single  notified body 
of his choice. 
The application must include: EN 82   EN  
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(a) the name and address of the manufacturer  and, if the applicat ion is lodged by his 
authorised representative, hi s name and address as well; 
(b) a written declaration that the same application has not been lodged with any other notified 
body; 
(c) the premises where final inspection and testing of the safety components for lifts are 
carried out;  
 
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(d)- all relevant information for  ⌦ on ⌫ the safety components envisaged  ⌦ for lifts to be 
manufactured ⌫,; 
(e)- the documentation on the ⌦ product ⌫ quality assurance system, ; 
(f)- the technical documentation  ⌦ file(s) ⌫ of the approved  safety components ⌦ for lifts 
to be manufactured ⌫ and a copy of the EC  ⌦ EU ⌫ type-examination certificates.  
⌦ certificate(s). ⌫ 
3.2. Under the ⌦ product ⌫ quality assurance system , each safety component ⌦ for 
lifts shall ⌫ must  be examined  ⌦ inspected ⌫ and appropriate test s as set out in the 
relevant standards referred to in Article 5 14 or equivalent tests ⌦shall ⌫ must  be carried 
out in order to ensure its conformity to the relevant requirements of the Directive . 
⌦ essential health and safety re quirements set out in Annex I. ⌫ 
All the elements, requirements and provisions adopted by the manufact urer of the safety 
components  must  ⌦ shall ⌫ be documented in a systematic and orderly manner in the form 
of written measures, procedures and instructions. This quality assurance system documentation must
 ⌦ shall ⌫ ensure a common understanding of the quality programmes, 
plans, manuals and records. 
 
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It must contain in particular  an adequate description of: 
(a) the quality objectives; 
 
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(b) the organizational structure, responsibi lities and powers of the management with 
regard to quality of the safety component ⌦ for lifts ⌫; 
(c) the examinations  ⌦ inspections ⌫ and tests that will be carried out after 
manufacture; 
(d) the means to verify the effective operation of the ⌦ product ⌫ quality assurance 
system; EN 83   EN  
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(e) quality records, such as inspection reports  and test data, calibr ation data, reports on 
the qualifications of the personnel concerned, etc. 
 
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3.3. The notified body must assess the ⌦ product ⌫ quality assurance system to determine 
whether it satisfies the requirements referred to in Section  Point  3.2. It ⌦ shall ⌫ must  
presume conformity with these requirements in respect of ⌦ product ⌫ quality assurance 
systems that implement the relevant harmonized standard31. 
The auditing team must have at least one memb er with experience of assessment in the lift 
technology concerned ⌦ and knowledge of the essential h ealth and safety requirements set 
out in Annex I. ⌫ 
The assessment procedure must  ⌦ shall ⌫ include a visit to the premises of the safety 
component manufacturer  ⌦ where final inspection and testi ng of safety components for lifts 
are carried out ⌫. 
 
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The decision must be notified to the manufacturer of the safety components. The notification 
must contain the conclusions of  the examination and the reaso ned assessment decision.  
⌦ The decision shall be notified to the manu facturer. The notification shall contain the 
conclusions of the examination a nd the reasoned assessment report. ⌫ 
 
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Under the responsibility of the notified body, the manufacturer shall affix the identification 
number of the notified body adjacent to the CE marking in accordan ce with Articles 18 and 
19 to the safety components for li fts during the manufacturing process.  
 
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3.4. The manufacturer of the safety components  must  ⌦ shall  ⌫ undertake to discharge the 
obligations arising from the ⌦ product ⌫ quality assurance system as approved and to 
ensure that it is maintained in an appropriate and efficient manner. 
The manufacturer of the safety components  or his authorized representative established in the 
Community  ⌦ Union ⌫ must  ⌦ shall ⌫ keep the notified body which has approved the 
⌦ product ⌫ quality assurance system informed of  any intended updating of the quality 
assurance  system. 
                                                 
31 This harmonized standard will be  EN 29003, supplement ed where necessary to  take account of the 
specific features of safety components.  EN 84   EN The notified body must  ⌦ shall ⌫ assess the modifications pr oposed and decide whether 
the modified ⌦ product ⌫ quality assurance system still satisfies the requirements referred 
to in Section  Point  3.2 or whether a reassessment is required. 
It must  ⌦ shall ⌫ notify its decision to the ma nufacturer. The notification must  ⌦ shall ⌫ 
contain the conclusions of the exam ination and the reasoned assessment ⌦ report ⌫ 
decision . 
4. SURVEILLANCE UNDER THE RESPONSIBI LITY OF THE NOTIFIED BODY  
4.1. The purpose of surveillance is to make su re that the manufactu rer of the safety 
component  duly fulfils the obligations arising out of the approved ⌦ product ⌫ quality 
assurance system. 
4.2. The manufacturer must  ⌦ shall ⌫ allow the notified body access for inspection 
purposes to the ⌦ premises where final ⌫ inspection, testing and storage locations  ⌦ are 
carried out ⌫ and provide it with all necessary information, in particular: 
(a)- the ⌦ product ⌫ quality assurance system documentation, ; 
(b)- the technical ⌦ file(s); ⌫ documentation,  
 
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(c)- the quality records, such as  inspection reports and test da ta, calibration data, reports on 
the qualifications of the personnel concerned, etc. 
 
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4.3. The notified body must  ⌦ shall ⌫ periodically carry out a udits to ensure that the 
manufacturer of the safety components  maintains and applies the ⌦ product ⌫ quality 
assurance system and must  ⌦ shall ⌫ provide an audit report to  the manufacturer of the 
safety components , Öand, where appropriate, to his authorised representative.   
4.4. Additionally, the notified body may pay unexpect ed visits to the manufacturer of the 
safety component  ⌦ premises where final inspection and testing of safety components for 
lifts are carried out ⌫.  
At the time of such visits, the notified body may, where necessary,  carry out tests or have 
them carried out in order to check the proper functioning of the ⌦ product ⌫ quality 
assurance system where necessary; . it must  ⌦ It shall ⌫ provide the manufacturer of the 
safety components  Öand, where appropriate, to his authorised representative,  with a visit 
report and, if a test has been car ried out, with a test report. 
5. The manufacturer must  ⌦ shall ⌫ for a period ending 10 year s after the last safety 
component ⌦ for lifts ⌫ has been manufactured  Ö placed on the market , keep at the 
disposal of the national authorities: EN 85   EN  
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(a)- the documentation  ⌦ technical file(s) ⌫ referred to in the third indent of the second 
paragraph of  Section  Point  3.1(f), ; 
 
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(b) the documentation refe rred to in Point 3.1(e); 
 
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(c)- the updating referred to in th e second paragraph of Section  Point  3.4,; 
(d)- the decisions and reports from the notifie d body which are referred to in the final 
paragraph of Section  Point  3.4 and in Section s Points  4.3 and 4.4. 
6. Each notified body must forward to the ot her notified bodies the relevant information 
concerning the quality assurance system  approvals issued and withdrawn.   
 
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6. Each notified body shall inform  its notifying authorities of product quality assurance 
system approval decision(s) issued or withdr awn, and shall, period ically or upon request, 
make available to its notifying authorities th e list of approval decisions, issued, refused, 
suspended or otherwise restricted.  
Each notified body shall inform the other notified bodi es of product quality  assurance system 
approval decision(s) which it  has refused, suspended or withdrawn and, upon request, of 
approval decision(s) which it has issued.  
On request, the notified body shall provide the Commission and the Member States with a 
copy of product quality assurance syst em approval decision(s) issued.  
7. The documents and correspondence relating to the product quality assurance system shall 
be drawn up in one of the official languages of the Member State where the notified body is 
established or in a language acceptable to it.  EN 86   EN  
Ð 95/16/EC (adapted) 
ANNEX VII IX   
FULL QUALITY ASSURANCE ⌦ FOR SAFETY COMPONENTS FOR LIFTS  ⌫ 
(module H) 
1. Full quality assurance is the procedure wher eby the manufacturer of the safety component 
who satisfies the obliga tions of Section 2 ensures and decl ares that the safety components 
satisfy the requirements of the Directive that appl y to them and that the safety component will 
enable a lift to which it is correctly fitted to satisfy the requirements of the Directive.  
The manufacturer or his authori zed representative established in the Community must affix 
the CE marking to each safety component and dr aw up an EC declaration of conformity. The 
CE marking must be accompanied by the identification number of the notified bo dy 
responsible for the surveillan ce as specified in Section 4.  
2. The manufacturer must operate an approv ed quality assurance system for design, 
manufacture and final inspection of the safety components and te sting as specif ied in Section 
3 and must be sub ject to surveillance as specified in Section 4.  
⌦ 1. Full quality assurance for safety compon ents for lifts is the conformity assessment 
procedure whereby a notified body assesses the full quality assurance system of a 
manufacturer to ensure that the safety co mponents for lifts are designed, manufactured, 
inspected and tested in order to satisfy the esse ntial health and safety requirements set out in 
Annex I and to enable a lift to which they ar e correctly fitted to satisfy those requirements. ⌫ 
⌦ 2.1. The manufacturer shall operate an appr oved full quality assurance system for the 
design, manufacture, final inspection and testing of  safety components for lifts as specified in 
Point 3 and shall be subject to surveillance as specified in Point 4. ⌫ 
⌦ 2.2. The manufacturer or his au thorized representative establis hed in the Union shall affix 
the CE marking to each safety component fo r lifts and draw up an EU declaration of 
conformity. The CE marking shall be accomp anied by the identification number of the 
notified body responsible for the surv eillance as specified in Point 4. ⌫ 
3. ⌦ FULL ⌫ QQUALITY ASSURANCE SYSTEM  
 
Ð 95/16/EC (adapted) 
Ö new 
3.1. The manufacturer must  ⌦ or his authorised representative shall ⌫ lodge an application 
for assessment of his ⌦ full ⌫ quality assurance system with a Ö single  notified body 
⌦ of his choice ⌫. The application must  ⌦ shall ⌫ include: 
 
Ø new 
(a) the name and address of the manufacturer  and, if the applicat ion is lodged by his 
authorised representative, his name and address as well;  EN 87   EN (b) the premises where the sa fety components for lifts are designed, manufactured, inspected 
and tested;  
 
Ð 95/16/EC (adapted) 
(c)- all relevant information on safety components ⌦ for lifts to be manufactured ⌫,; 
 
Ø new 
(d) a technical file according to Annex IVA Po int 3 for one model of each category of safety 
component for lifts according to Annex III to be manufactured;  
 
Ð 95/16/EC (adapted) 
(e) the documentation on the ⌦ full ⌫ quality assurance system, ; 
 
Ø new 
(f) a written declaration that the same applica tion has not been lodged with any other notified 
body.  
 
Ð 95/16/EC (adapted) 
3.2. The quality assurance system must ensure co mpliance of the safety components with the 
requirements of the Directive that  apply to them and enable lif ts to which they have been 
correctly fitted to satisfy those requirements.  
3.2. All the elements, requirements and provi sions adopted by the manufacturer must  
⌦ shall ⌫ be documented in a systematic and orderly manner in the form of written 
measures, procedures and instructions. This ⌦ full ⌫ quality assurance system 
documentation must  ⌦ shall ⌫ ensure a common understanding of the quality policies and 
procedures such as quality progra mmes, plans, manuals and records. 
It must  ⌦ shall ⌫ contain in particular an  adequate description of: 
(a)- the quality objectives and the organizational structure, res ponsibilities and powers of the 
management with regard to the design  and quality of the safety components ⌦ for lifts ⌫,; 
(b)- the technical design specifications, including standards, that will be applied and, where 
the standards referred to in Article 5 14 ⌦ are not ⌫will not be  applied ⌦ or not applied ⌫ 
in full, the means that will be used to ensure that the essential ⌦ health and safety ⌫ 
requirements of the Directive that  apply to the safety components  ⌦ set out in Annex I ⌫ 
will be met, ;  
(c)- the design control and design verification t echniques, processes a nd systematic actions 
that will be used when designing the safety components ⌦ for lifts ⌫,; EN 88   EN  
Ð 95/16/EC 
(d)- the corresponding manufactur ing, quality contro l and quality assurance techniques, 
processes and systematic actions that will be used, ; 
(e)- the examinations and tests that will be carried out before, during and after manufacture, 
and the frequency with which they will be carried out, ; 
(f)- the quality records, such as inspection reports and test data, calibration data, reports on the 
qualifications of the personnel concerned, etc., ; 
(g)- the means of monitoring the achievement of  the required design and product quality and 
the effective operation of th e quality assurance system. 
 
Ð 95/16/EC (adapted) 
Ö new 
3.3. The notified body must  ⌦ shall ⌫ assess the ⌦ full ⌫ quality assurance system to 
determine whether it satisfies the requirements referred to in Section  Point  3.2. It must  
⌦ shall ⌫ presume compliance with these require ments in respect of quality assurance 
systems that implement the relevant harmonized standard32. 
The auditing team must  ⌦ shall ⌫ have at least one member w ith experience of assessment 
in the lift technology concerned Ö and knowledge of the esse ntial health and safety 
requirements set out in Annex I.  The assessment procedure mu st include a visit to the 
manufacturer's premises. 
 
Ø new 
The auditing team shall review the technical file(s) referred to  in Point 3.1 to verify the 
manufacturer's ability to identify the essential health and safety requirements set out in Annex 
I and to carry out the necessary examinations w ith a view to ensuring compliance of the safety 
components for lifts with  those requirements.  
 
Ð 95/16/EC (adapted) 
Ö new 
The decision must  ⌦ shall ⌫ be notified to the manufactur er of the safety components  
Ö and, where appropriate, to hi s authorised representative.  The notification must  
⌦ shall ⌫ contain the conclusions of the ⌦ assessment ⌫ examination  and the reasoned 
assessment  ⌦ approval ⌫ decision. 
                                                 
32 This harmo nized standard will be EN 2900 1, supplemented where necessa ry to take account of the 
specific features of safety components.  EN 89   EN  
Ø new 
Under the responsibility of the notified body, the manufacturer shall affix the identification 
number of the notified body adjacent to the CE marking in accordan ce with Articles 18 and 
19 to the safety components for lift s during the manufacturing process.  
 
Ð 95/16/EC (adapted) 
3.4. The manufacturer of the  safety components must undertake  ⌦ shall undertake ⌫ to 
discharge the obligations arising from the ⌦ full ⌫ quality assurance system as approved 
and to ensure that it is maintained in  an appropriate and efficient manner. 
The manufacturer or his authorized represen tative established in the Community must  
⌦ shall ⌫ keep the notified body which has approved the ⌦ full ⌫ quality assurance 
system informed of any inte nded updating of the quality a ssurance  system. 
The notified body must  ⌦ shall ⌫ assess the modifications pr oposed and decide whether 
the modified ⌦ full ⌫ quality assurance system  will still satisfy the requirements referred to 
in Section  Point  3.2 or whether a reassessment is required. 
It must  ⌦ shall ⌫ notify its decision to the ma nufacturer. The notification must  ⌦ shall ⌫ 
contain the conclusions of the ⌦ assessment ⌫ examination  and the reasoned assessment  
⌦ approval ⌫ decision. 
4. SURVEILLANCE UNDER THE RESPONSIBI LITY OF THE NOTIFIED BODY  
4.1. The purpose of surveillance is to make  sure that the manufacturer of the sa fety 
components  duly fulfils the obligations arising out of the approved ⌦ full ⌫ quality 
assurance system. 
4.2. The manufacturer of the safety components must  ⌦ shall ⌫ allow the notified body 
access for inspection purposes to the design, manu facture, inspection and testing, and storage 
locations, and must  ⌦ shall ⌫ provide it with all necessary information, in particular: 
(a)- the ⌦ full ⌫ quality assurance system documentation, ; 
(b)- the quality records provided fo r in the design part of the ⌦ full ⌫ quality 
⌦ assurance ⌫ system, such as results of an alyses, calculations, tests, etc., ; 
 
Ø new 
(c) the technical files for the safety  components for lifts manufactured;  
 
Ð 95/16/EC (adapted) 
Ö new 
(d)- the quality records provided for in the manufacturing part of the ⌦ full ⌫ quality 
assurance system, such as inspection reports and test data, calibratio n data, reports on the 
qualifications of the personnel concerned, etc. EN 90   EN 4.3. The notified body must  ⌦ shall ⌫ periodically carry out audi ts to make sure that the 
manufacturer of the safety components  maintains and applies the ⌦ the approved full ⌫ 
quality assurance system and must  ⌦ shall ⌫ provide an audit report to the manufacturer of 
the safety c omponents . 
4.4. Additionally, the notified body may pay unexpect ed visits to the manufacturer of the 
safety components . At the time of such visits, th e notified body may, where necessary,  carry 
out tests or have them carried out in or der to check the proper functioning of the ⌦ full ⌫ 
quality assurance system where necessary;  . it must  ⌦ It shall ⌫ provide the manufacturer 
of the safety components  with a visit report and, if a test has been carried out, with a test 
report. 
5. The manufacturer of the safety components  or his authorized representative must  
⌦ shall ⌫ for a period of 10 years after the last safety component ⌦ for lifts ⌫ has been 
manuf actured  Ö placed on the market,  keep at the disposal of the national authorities: 
 
Ð 95/16/EC (adapted) 
(a)- the documentation referred to in the s econd indent of the second paragraph of  Section  
Point  3.1(e), ; 
 
Ø new 
(b) the technical file re ferred to in Point 3.1(d); 
 
Ð 95/16/EC 
(c)- the updating referred to in th e second paragraph of Section  Point  3.4,; 
 
Ð 95/16/EC (adapted) 
(d)- the decisions and reports fr om the notified body which are  referred to in the final 
paragraph of Section  Point  3.4 and in Section s Points  4.3 and 4.4. 
Where, neither the manufactur er of the safety components ⌦ for lifts ⌫ nor his authorized 
representative is established in the ⌦ Union ⌫ Community , the obligation to keep the 
technical documentation available falls to the person who places the safety component ⌦ for 
lifts ⌫ on the ⌦ Union ⌫ Community  market. 
6. Each notified body must forward to the ot her notified bodies the relevant information 
concerning the quality assurance syst em approvals issued and withdrawn . 
 
Ø new 
6. Each notified body shall inform its notifying authorities of full quality assurance system 
approval decision(s) issued or  withdrawn, and shall, periodically or upon request, make 
available to its notifying author ities the list of approval deci sions issued, refused, suspended 
or otherwise restricted.  EN 91   EN Each notified body shall inform the other notif ied bodies of full quality assurance system 
approval decision which it has refused, susp ended or withdrawn and, upon request, of 
approval decisions which it has issued.  
On request, the notified body shall provide the Commission and the Member States with a 
copy of full quality system a pproval decision(s) issued.  
The notified body shall keep a copy of the a pproval decision(s) issued, its annexes and 
additions, as well as the technica l file for a period of 15 years from the date of their issue. 
 
Ð 95/16/EC (adapted) 
7. The dossiers  ⌦ documents ⌫ and correspondence relating to  the full quality assurance 
procedures must  ⌦ shall ⌫ be drawn up in one of the offi cial languages of the Member 
State where the notified body is established or in a language acceptable to it. EN 92   EN  
Ð 95/16/EC (adapted) 
Ö new 
ANNEX VIII X  
UNIT VERIFICATION ⌦ FOR LIFTS ⌫ 
(module G) 
1. Unit verification is the procedure whereby the in staller of a lift ensure s and declares that a 
lift which is being placed on the market and wh ich has obtained the certificate of conformity 
referred to in Section 4 complies with the requirements of t he Directive. The installer of the 
lift must affix the CE marking in the car of  the lift and draw up an EC declaration of 
conformity.   
⌦1. Unit verification is the conformity assessment procedure whereby a notified body 
assesses whether an installed lift complies with the essential health and safety requirements 
set out in Annex I. ⌫ 
⌦ 2. OBLIGATIONS OF THE INSTALLER ⌫ 
⌦ 2.1.The installer shall affix the CE mark ing in the car of the lift and draw up 
an EU declaration of conformity. ⌫ 
2.2.2. The lift  installer shall apply to a Ö single  notified body of his choice for unit 
verification. 
 
Ð 95/16/EC 
The application shall contain: 
 
Ð 95/16/EC (adapted) 
(a)- the name and address of the installer, of the lift ,;  
(b)- and the location where the lift is installed, ;  
 
Ð 95/16/EC 
(c)- a written declaration to the effect that a similar applica tion has not been lodged with 
another notified body, ; 
 
Ð 95/16/EC (adapted) 
(d)- a technical ⌦ file ⌫ dossier  . 
3. The purpose of the technical dossier is to enable the conformity of the lift with the 
requirements of the Directive to be a ssessed and the design, instal lation and operation of the EN 93   EN lift to be understood.  ⌦ The technical file shall allow an assessment of the conformity of the 
lift with the essential health and sa fety requirements set out in Annex I ⌫. 
 
Ð 95/16/EC (adapted) 
So far as relevant for conformity assessment, tThe technical ⌦ file ⌫ dossier  shall contain 
⌦ at least ⌫ the following ⌦ elements ⌫ : 
(a)- a general  description of the lift, ; 
(b)- design and manufacturing drawings and diagrams, ; 
– the essential requirements in question and the solution adopted to meet them (e.g. 
harmonized standard),  
 
Ø new 
(c) explanations necessary for the understanding of those draw ings and diagrams and of the 
operation of the lift;  
(d) a list of the harmonised standards the refe rences of which have been published in the 
Official Journal of the European Union,  applied in full or in part , and descriptions of the 
solutions adopted to meet the essential health  and safety requirements set out in Annex I 
where those harmonised standards have not been  applied. In the even t of partly applied 
harmonised standards, the technical file shall specify the parts which have been applied;  
 
Ð 95/16/EC (adapted) 
(e)- a copy of the ⌦ EU ⌫ EC type-examination certificates  of the safety components 
⌦ for lifts ⌫ used ⌦ in the lift ⌫,; 
(f)- results of any tests or calculations ⌦ performed by or for the installer; ⌫ carried out or 
subcontracted by the installer of the lift ,; 
 
Ø new 
(g) test reports;  
 
Ð 95/16/EC (adapted) 
(h)- a copy of the instructi ons for use of the lift ⌦referred to in point 6.2 of Annex I ⌫ . 
4. The notified body must  ⌦ shall ⌫ examine the technical dossier  ⌦ file ⌫ and the lift 
and carry out the appropriate tests as set out in the relevant standard(s) referred to in Article 
514 of the Directive, or equivalent tests, to ensure its conformity with the relevant  
⌦ essential health and safety ⌫ requirements of this Directive  ⌦ set out in Annex I. The 
tests shall include at leas t the tests referred to in Point 3.4 (e) of Annex V. ⌫ EN 94   EN If the lift meets the requirements of this Dire ctive, the notified body sha ll affix, or cause to be 
affixed, its identification number adjacent to th e CE marking in accordance with Annex III 
and shall draw up a certificate of confor mity relating to the tests carried out.   
⌦ If the lift meets the essentia l health and safety requirements set out in Annex I the notified 
body shall draw up a certificate of  conformity relating to the tests carried out. The notified 
body shall affix, or cause to be affixed, its iden tification number adjacent to the CE marking 
in accordance with Articles 18 and 21. ⌫ 
The notified body shall fill in the corresponding pages of the logbook referred to in Section  
Point  6.2 of Annex I. 
If the notified body refuses to issue th e certificate of conformity, it must  ⌦ shall ⌫ state in 
detail its reasons for refusing  ⌦ refusal ⌫ and indicate ⌦ the necessary corrective 
measures to be taken ⌫ how conformity can be achieved . When the installer of the lift  
reapplies for ⌦ unit ⌫ verification he must  ⌦ shall ⌫ apply to the same notified body.  
 
Ø new 
On request, the notified body shall provide the Commission and the Member states with a 
copy of the certificate of conformity.  
 
Ð 95/16/EC (adapted) 
5. The certificate of conformity and the dossiers  ⌦ documents ⌫ and correspondence 
relating to unit verification procedures must  ⌦ shall ⌫ be drawn up in an official language 
of the Member State where the notified body is established or in a language acceptable to it. 
6. The installer of the lift  shall keep with the technical ⌦ file ⌫ dossier  a copy of the 
certificate of conformity for a period of 10 year s from the date on which the lift is placed on 
the market. EN 95   EN  
 
Ð 95/16/EC (adapted) 
ANNEX IX XI 
CONFORMITY TO TYPE WITH RANDOM CHECKING  
⌦ FOR SAFETY COMPONENTS FOR LIFTS ⌫ 
(module ⌦ F ⌫ C) 
1. Conformity to type is the procedure whereby the manufacturer of the safety components or 
his authorized representative established in the Community ensures and declares that the 
safety components are in conformity with the type  as described in the EC type certificate and 
satisfy the requirements of the Directive that ap ply to them and enable any lift to which they 
are correctly fitted to satisfy the essential health and safety requirements of the Directive.  
⌦ 1. Conformity to type with random checki ng is the part of the conformity assessment 
procedure whereby a notified body carries out check s on safety components for lifts to ensure 
that they are in conformity with the type as de scribed in the EU type certificate and satisfy the 
applicable essential health and safety requirements of the Directive and enable a lift to which they are correctly fitted to satisfy those requirements. ⌫ 
The manufacturer of the safety compone nts, or his authorized representat
ive established in the 
Community, must affix the CE marking to e ach safety component and draw up an EC 
declaration of conformity.  
2. The manufacturer of the safety components must  take all measures nece ssary to ensure that 
the manufacturing process assures  conformity of the manufactur ed safety components with 
the type as described in the EC type -examination certificate and w ith the requirements of the 
Directive that apply to them.  
⌦ 2. OBLIGATIONS OF THE MANUFACTURER ⌫ 
⌦ 2.1. The manufacturer shall take all measures necessary to ensure that the manufacturing 
process ensures conformity of the manufactured safety components for lifts with the type as 
described in the EU type examination certificate and with the essential health and safety requirements set out in Annex I. ⌫ 
⌦ 2.2. The manufacturer or his au thorized representative establis hed in the Union must affix 
the CE marking to each safety component fo r lifts and draw up an EU declaration of 
conformity. ⌫ 
⌦ 3.The manufacturer or his auth orised representative shall l odge an application for random 
checking with a single no tified body of his choice.  
The application shall include: ⌫ EN 96   EN  
Ø new 
(a) the name and address of the manufacturer  and, if the applicat ion is lodged by his 
authorised representative, hi s name and address as well; 
(b) a written declaration that the same application has not been lodged with any other notified 
body; 
(c) all relevant information on the safe ty components for lifts manufactured; 
(d) the premises where the sample of the safety components for lifts can be taken. 
 
Ð 95/16/EC (adapted) 
4. A  ⌦ The ⌫ notified body chosen by th e manufacturer must  ⌦ shall ⌫ carry out or 
have carried out checks on safety components ⌦ for lifts ⌫ at random intervals. An 
adequate sample of the finished safety co mponents, taken on site by the notified body, must 
be examined and appropriate tests as set out in the relevant standard(s) referred to in Article 5
14, or equivalent tests, must  ⌦ shall ⌫ be carried out to check the conformity of 
production to the relevant requ irements of the Directive  ⌦ essential health and safety 
requirements set out in Annex I ⌫ . In those  cases where one or more of the safety 
components ⌦ for lifts ⌫ checked do not conform, the notified body must  ⌦ shall ⌫ take 
appropriate measures. 
The points to be taken into account when checking the safety components ⌦ for lifts ⌫ will 
be defined by joint agreement between all the no tified bodies responsible for this procedure, 
taking into consideration the essential ch aracteristics of the safety components ⌦ for lifts ⌫ 
referred to in Annex III  IV. 
⌦ On request, the notified body shall provide th e Commission and the Member states with a 
copy of the certificate of conformity. ⌫ 
On the responsibility of the notified body, the manufacturer must affix that body's 
identification number during the manufacturing process.  
⌦ 6. Under the responsibility of the no tified body, the manufacturer shall affix the 
identification number of the no tified body adjacent to the CE marking in  accordance with 
Articles 18 and 19 to the safety components fo r lifts during the manu facturing process. ⌫ 
3. The manufacturer of the safety components or  his authorized representative must keep a 
copy of the EC declaration of conformity fo r a period of 10 years after the last safety 
component has been manufactured.  
⌦ The manufacturer or his authorized represen tative must keep a copy of the EU declaration 
of conformity for a period of 10 years after th e last safety component has been manufactured. 
⌫ 
Where neither the manufacturer of the safety components nor his authorized representative 
are established in the Community  ⌦ Union ⌫, the obligation to keep the technical 
documentation available falls to the pe rson who places the safety components ⌦ for lifts ⌫ 
on the ⌦ Union ⌫ market.  EN 97   EN 5.7. The ⌦ documents ⌫ dossiers  and correspondence relating to the random checking 
procedures referred to in Section  Point  4 ⌦ shall ⌫ must  be drawn up in one of the official 
languages of the Member State where the no tified body is established or in a language 
acceptable to it. EN 98   EN  
Ð 95/16/EC (adapted) 
Ö new 
ANNEX X XII 
PRODUCT QUALITY ASSURANCE FOR LIFTS 
(module E) 
1. Product quality assu rance is the procedure whereby the installer of a lift who satisfies 
Section 2 ensures and declares that the lifts in stalled are in conformity with the type as 
described in the EC type -examination certificate and satisfy the requirements of the Directive 
that apply to them.  
The installer of a lift must affi x the CE marking to each lift and draw up an EC declaration of 
conformity. The CE marking must be accomp anied by the identification number of the 
notified body responsible for surveillance as specified in  Section 4 . 
2. The installer of a lift must apply an approved quality assurance system for final inspection 
of the lift and testing as specified in Section 3, and must be subject to surveillance as specified 
in Section 4.  
⌦ 1. Product quality assurance is the part of the conformity assessment procedure whereby a 
notified body assesses the product qua lity assurance system of an installer to ensure that the 
lifts installed are in conformity with the type as described in the EU type-examination certificate or with a lift desi gned and manufactured by an inst aller who operates a full quality 
assurance system in accordance with Annex XI, and satisfy the essential health and safety 
requirements set out in Annex I. ⌫ 
⌦ 2.
 OBLIGATIONS OF THE INSTALLER ⌫ 
⌦ 2.1. The installer shall appl y an approved product quality assurance system for final 
inspection and testing of the lift as specified in Point 3, and shall be subject to surveillance as specified in Point 4. ⌫ 
⌦ 2.2. The installer shall affix the CE marking to each lift and draw up an EU declaration of 
conformity. ⌫ 
3.
 ⌦ PRODUCT  ⌫ QUALITY ASSURANCE SYSTEM  
3.1. The installer of a l ift ⌦ shall ⌫ must  lodge an application for assessment of his 
⌦ product ⌫ quality assurance system fo r the lifts concerned with a Ö single  notified 
body of his choice. 
The application ⌦ shall ⌫ must  include: 
 
Ø new 
(a) the name and address of the installer;  EN 99   EN  
Ð 95/16/EC (adapted) 
(b)- all relevant information ⌦ on the lifts to be installed ⌫ for the lifts envisaged ,; 
(c)- the documentation on the ⌦ product ⌫ quality assurance system, ; 
(d)- the technical documentation  ⌦ file ⌫ on the approved lifts and a copy of the EC type -
examination c ertificates , ⌦ of the lifts to be installed; ⌫ 
 
Ø new 
(e) a written declaration that th e same application has not been  lodged with any other notified 
body.  
 
Ð 95/16/EC (adapted) 
3.2. Under the ⌦ product ⌫ quality assurance system, each lift ⌦ shall ⌫ must  be 
examined and appropriate tests as set out in th e relevant standards referred to in Article 5 14 or 
equivalent tests ⌦ shall ⌫ must  be carried out in order to ensure its conformity to the 
relevant requirements of the Directive  ⌦ to the essential health and safety requirements set 
out in Annex I ⌫ . 
All the elements, requirements and provisi ons adopted by the installer of a lift ⌦ shall ⌫ 
must  be documented in a systematic and orderly manner in the form of written measures, 
procedures and instructions. This ⌦ product ⌫ quality assurance system documentation 
⌦ shall ⌫ must  ensure a common understanding of the quality programmes, plans, manuals 
and quality records. 
It ⌦ shall ⌫ must  contain in particular an  adequate description of: 
(a)- the quality objectives, ; 
(b)- the organizational structure, responsibilities and powers of the management with regard 
to lift quality, ; 
(c)- the examinations and tests that will be carri ed out before placing on the market, including 
at the  very  least the tests laid down in Point 3.3.(b) of  Annex VI, 4 (b) ,; 
(d)- the means to verify the effective operation of the ⌦ product ⌫ quality assurance 
system, ; 
 
Ð 95/16/EC 
(e)- quality records, such as inspection reports and test data, calibratio n data, reports on the 
qualifications of the personnel concerned, etc. EN 100   EN  
Ð 95/16/EC (adapted) 
Ö new 
3.3. The notified body ⌦ shall ⌫ must  assess the ⌦ product ⌫ quality assurance system 
to determine whether it satisfies the requirements referred to in Section  Point  3.2. It must  
⌦ shall ⌫ presume conformity with these require ments in respect of quality assurance 
systems that implement the relevant harmonized standard33. 
The auditing team must  ⌦ shall ⌫ have at least one member w ith experience of assessment 
in the lift technology concerned Ö and knowledge of the esse ntial health and safety 
requirements set out in Annex I.  The assessment procedure must  ⌦ shall ⌫ include a 
visit to the premises of the lift  installer and a visit to the installation site. 
The decision must  ⌦ shall ⌫ be notified to the lift installer. The notification must contain 
the conclusions of the examina tion and the reasoned assessment  ⌦ approval ⌫ decision. 
3.4. The installer of a lift  must  ⌦ shall ⌫ undertake to discharge the obligations arising 
from the ⌦ product ⌫ quality assurance system as a pproved and to ensure that it is 
maintained in an appropriate and efficient manner. 
The installer of a lift  must keep the notified body which has approved the quality 
⌦ product ⌫ assurance system informed of any in tended updating of the quality assurance  
system. 
The notified body must  ⌦ shall ⌫ assess the modifications pr oposed and decide whether 
the modified ⌦ product ⌫ quality assurance system still satisfies the requirements referred 
to in Section  Point  3.2 or whether a reassessment is required. 
It must  ⌦ shall ⌫ notify its decision to the lift  installer. The notification must contain the 
conclusions of the examination  ⌦ assessment ⌫ and the reasoned assessment decision. 
 
Ø new 
The notified body shall affix, or cause to be affi xed, its identification nu mber adjacent to the 
CE marking in accordance with Articles 18 and 21. 
 
Ð 95/16/EC (adapted) 
4. SURVEILLANCE UNDER THE RESPONSIBI LITY OF THE NOTIFIED BODY  
4.1. The purpose of surveillance is to ma ke sure that the installer of a lift  duly fulfils the 
obligations arising out  of the approved ⌦ product ⌫ quality assurance system. 
4.2. The installer of a lift  must  ⌦ shall ⌫ allow the notified body access for inspection 
purposes to the inspection and testing locations and provide it with all necessary information, 
in particular: 
                                                 
33 This harmonized standard will be  EN 29003, supplement ed where necessary to  take account of the 
specific features of the lifts.  EN 101   EN (a)- the ⌦ product ⌫ quality assurance system documentation, ; 
(b)- the technical ⌦ file(s) ⌫ documentation ,; 
 
Ð 95/16/EC 
(c)- the quality records, such as  inspection reports and test da ta, calibration data, reports on 
the qualifications of the personnel concerned, etc. 
 
Ð 95/16/EC (adapted) 
4.3. The notified body must  ⌦ shall ⌫ periodically carry out a udits to ensure that the 
installer of a lift  maintains and applies the quality assurance system and must  ⌦ shall ⌫ 
provide an audit report to the lift  installer. 
 
Ð 95/16/EC 
4.4. Additionally, the notified body may pay unexpected  visits to the lift installation sites. 
 
Ð 95/16/EC (adapted) 
At the time of such visits, th e notified body may, where necessary,  carry out tests or have 
them carried out in order to ch eck the proper functioning of the ⌦ product ⌫ quality 
assurance system where necessary  and of the lift; . it must  ⌦ It shall ⌫ provide the lift  
installer with a visit report and, if a test has been carri ed out, with a test report. 
5. The installer of a lift , must  ⌦ shall ⌫ for a period of 10 years after the last lift has been 
⌦ installed ⌫ manufactured  , keep at the disposal of the national authorities: 
 
Ð 95/16/EC (adapted) 
(a)- the documentation referred to in the th ird indent of the second paragraph of  Section  
Point  3.1(c), ; 
 
Ø new 
(b) the technical file re ferred to in Point 3.1(d); 
 
Ð 95/16/EC (adapted) 
(c)- the updating referred to in th e second paragraph of Section  Point  3.4,; 
(d)- the decisions and reports from the notifie d body which are referred to in the final 
paragraph of Section  Point  3.4 and in Sections  Points  4.3 and 4.4. 
6. Each notified body must forward to the ot her notified bodies the relevant information 
concerning the quality assurance syst em approvals issued and withdrawn.  EN 102   EN  
Ø new 
6. Each notified body shall inform  its notifying authorities of product quality assurance 
system approval decision(s) issued or withdr awn, and shall, period ically or upon request, 
make available to its notifying authorities th e list of approval decisions, issued, refused, 
suspended or otherwise restricted.  
Each notified body shall inform the other notified bodi es of product quality  assurance system 
approval decision(s) which it  has refused, suspended or withdrawn and, upon request, of 
approval decision(s) which it has issued.  
On request, the notified body shall provide the Commission and the Member States with a 
copy of product quality assurance syst em approval decision(s) issued.  
7. The documents and correspondence relating to the product quality assurance procedures 
shall be drawn up in one of the official la nguages of the Member St ate where the notified 
body is established or in a language acceptable to it.  EN 103   EN  
Ð 95/16/EC (adapted) 
Ö new 
ANNEX XI XIII  
FULL QUALITY ASSURANCE ⌦ PLUS DESIGN EXAMINATION  ⌫ FOR LIFTS 
(module H) 
1. Full quality assurance is the procedure whereby the installer of a lift who satisfies the 
obligations of Section 2 ensure s and declares that lifts satisfy the requirements of the 
Directive that apply to them.  
The installer of a lift must affix the CE  marking on each lift and draw up an EC declaration of 
conformity. The CE marking must be accomp anied by the identification number of the 
notified body responsible for the surv eillance as specified in Section 4.  
2. The installer of a lift must operate an a pproved quality assurance system for design, 
manufacture, assembly, installation and final insp ection of the lifts and testing as specified in 
Section 3 and must be subject to su rveillance as specified in Section 4.  
⌦ 1. Full quality assurance plus design examin ation for lifts is the conformity assessment 
procedure whereby a notified body assesses the full quality assurance system of an installer 
and, where appropriate, the design of the lifts, to en sure that the lifts installed satisfy the 
essential health and safety re quirements set out in Annex I. ⌫ 
⌦ 2. OBLIGATIONS OF THE INSTALLER ⌫ 
⌦ 2.1. The installer shall operate an approved fu ll quality assurance system for the design, 
manufacture, assembly, installati on, final inspection and testing of lifts as specified in Point 3 
and shall be subject to survei llance as specified in Point 4. ⌫ 
⌦ 2.2. The installer must affix the CE marking on each lift and draw up an EU declaration of 
conformity. The CE marking must be accomp anied by the identification number of the 
notified body responsible for the surv eillance as specified in Point 4. ⌫ 
3. ⌦ FULL  ⌫ QUALITY ASSURANCE SYSTEM  
3.1. The installer of a lif t must  ⌦ shall ⌫ lodge an application for assessment of his 
⌦ full ⌫ quality assurance system with a Ö single  notified body Ö of his choice  . 
The application must  ⌦ shall ⌫ include: 
 
Ø new 
(a) the name and address of the installer; EN 104   EN  
Ð 95/16/EC (adapted) 
(b)- all relevant information on the lifts ⌦ to be installed ⌫ , in particular information 
which makes for an understanding of the relationship between the design and operation of the 
lift and enables conformity with the requi rements of the Directive to be assessed ,; 
 
Ð 95/16/EC  
(c)- the documentation on the quality assurance system, ; 
 
Ø new 
(d) a technical file according to Annex IV B for one model of lift;  
(e) a written declaration that th e same application has not been  lodged with any other notified 
body. 
 
Ð 95/16/EC (adapted) 
3.2. The quality assurance system must ensure confor mity of the lifts with the requirements of 
the Directive that apply to them.  
All the elements, requirements and provisions adopted by the lift  installer must ⌦ shall ⌫ 
be documented in a systematic and orderly manner in the form of written measures, procedures and instructions. This qual ity assurance system documentation must 
⌦ shall ⌫ 
ensure a common understanding of  the procedures such as programmes, plans, manuals and 
quality records.  
It ⌦ shall ⌫ must  contain in particular an  adequate description of: 
 
Ð 95/16/EC 
(a)- the quality objectives and the organizational structure, res ponsibilities and powers of the 
management with regard to the design and quality  of the lifts, ; 
 
Ð 95/16/EC (adapted) 
(b)- the technical design specifications, including standards that will be applied and, where 
the standards referred to in Article 5 14 of the Directive will  ⌦ are ⌫ not be  applied ⌦ or 
not applied ⌫ in full, the means that will be used to ensure that the ⌦ applicable essential 
health and safety ⌫ requirements of the Directive that apply to the lifts  will be met, ; 
 
Ð 95/16/EC (adapted) 
(c)- the design control and design verification t echniques, processes a nd systematic actions 
that will be used when designing the lifts, ; 
(d)- the examinations and tests that will be carried out on acceptance of the supplies of 
materials, components and sub-assemblies, ; EN 105   EN (e)- the corresponding assembly, installation and quality control techniques, processes and 
systematic actions that will be used, ; 
(f)- the examinations and tests that will be ca rried out before (inspection of installation 
conditions: shaft, housing of mach inery, etc.), during and after installation (inc luding at the 
very least the tests laid down  in Point 3.4 (e) of Annex V  Annex VI , Section 4 (b )),; 
(g)- the quality records, such as inspection repo rts and test data, calibration data, reports on 
the qualifications of the personnel concerned, etc. , ; 
(h)- the means of monitoring the achievement of the required design and installation quality 
and the effective operation of the quality assurance system. 
 
Ð 95/16/EC (adapted) 
3.3. Design inspection 
3.3.1.  When the design is not entirely in accordan ce with harmonized sta ndards, the notified 
body must ascertain whether the de sign conforms to the provisions  ⌦ essential health and 
safety requirements set out in Annex I ⌫ of the Directive  and, if it does, issue an ' EC 
⌦ EU ⌫ design examination certificate'  to the installer, stating th e limits of the certificate's 
validity and giving the details required fo r identification of the approved design. 
 
Ø new 
3.3.2. Where the design does not satisfy the appli cable requirements of this Directive, the 
notified body shall refuse to issue a design examination cert ificate and shall inform the 
installer accordingly, giving deta iled reasons for its refusal. 
The notified body shall keep itself apprised of any changes in the generally acknowledged 
state of the art which indicate  that the approved design may no longer comply with the 
essential health and safety requirements set out  in Annex I, and shall determine whether such 
changes require further investigation. If s o, the notified body shall inform the installer 
accordingly.  
The installer shall keep the notified body th at has issued the EU design examination 
certificate informed of any modification to the approved design that may affect the conformity 
with the essential health and safety requirements set out in Annex I or the conditions for 
validity of the certificate. Such modifications  shall require additional approval — from the 
notified body that issued the EU design examina tion certificate — in the form of an addition 
to the original EU design examination certificate. 
3.3.3. Each notified body shall inform its notifyi ng authorities of the EU design examination 
certificates and/or any additi ons thereto which it has issued  or withdrawn, and shall, 
periodically or upon request, make available to its notifying authorities the list of EU design 
examination certificates and/or any additions  thereto refused, suspended or otherwise 
restricted. 
Each notified body shall inform the other not ified bodies of the EU design examination 
certificates and/or any additi ons thereto which it has refu sed, withdrawn, suspended or EN 106   EN otherwise restricted, and, upon re quest, of the certificates and/or  additions thereto which it has 
issued. 
The Commission, the Member States and the ot her notified bodies may, on request, obtain a 
copy of the EU design examination certificate s and/or additions thereto. On request, the 
Commission and the Member States may obtain a c opy of the technical files and of the results 
of the examinations carri ed out by the notified body. 
3.3.4. The installer shall keep a c opy of the EU design examinati on certificate, its  annexes and 
additions together with the technical file at th e disposal of the nationa l authorities for 10 years 
after the lift has been placed on the market. 
 
Ð 95/16/EC (adapted) 
Ö new 
3.4. Assessment of the ⌦ full ⌫ quality assurance system 
The notified body must assess the ⌦ full ⌫ quality assurance system to determine whether 
it satisfies the requirements referred to in Section  Point  3.2. It ⌦ shall ⌫ must  presume 
compliance with these requirements in respect of ⌦ full ⌫ quality assurance systems that 
implement the relevant harmonized standard34. 
The auditing team ⌦ shall ⌫ must  have at least one member with experience of assessment 
in the lift technology concerned Ö and knowledge of the esse ntial health and safety 
requirements set out in Annex I.  The assessment procedure ⌦ shall ⌫ must  include a 
visit to the lift  installer's premises and a visit to an installation site. 
 
Ø new 
The auditing team shall review the technical file referred to in point 3.1, to verify the 
installer’s ability to identify the essential health  and safety requirements of set out in Annex I 
and to carry out the necessary examinations with a view to ensuring compliance of the lift 
with those requirements.  
 
Ð 95/16/EC (adapted) 
The decision ⌦ shall ⌫ must  be notified to the lift  installer. The notification must contain 
the conclusions of the examination  ⌦ assessment ⌫ and the reasoned assessment 
⌦ report ⌫ decision . 
3.5. The lift  installer ⌦ shall ⌫ must  undertake to discharge the ob ligations arising from the 
⌦ full ⌫ quality assurance system as approved and to ensure that it is maintained in an 
appropriate and efficient manner. 
The lift  installer ⌦ shall ⌫ must  keep the notified body that has approved the ⌦ full ⌫ 
quality assurance system info rmed of any intended updati ng of the quality assurance  system. 
                                                 
34 This harmonized standard will be  EN 29001, supplement ed where necessary to  take account of the 
specific features of the lifts.  EN 107   EN The notified body ⌦ shall ⌫ must  assess the modifications proposed and decide whether 
the modified ⌦ full ⌫ quality assurance system  will still satisfy the requirements referred to 
in Section  Point  3.2 or whether a reassessment is required. 
It ⌦ shall ⌫ must  notify its decision to the lift  installer. The notification must contain the 
conclusions of the examination  ⌦ assessment ⌫ and the reasoned assess ment  
⌦ approval ⌫ decision. 
 
Ø new 
The notified body shall affix, or cause to be affi xed, its identification nu mber adjacent to the 
CE marking in accordance with Articles 18 and 21. 
 
Ð 95/16/EC (adapted) 
4. SURVEILLANCE UNDER THE RESPONSIBI LITY OF THE NOTIFIED BODY  
4.1. The purpose of surveillance is to ma ke sure that the installer of a lift  duly fulfils the 
obligations arising out  of the approved ⌦ full ⌫ quality assurance system. 
4.2. The lift  installer ⌦ shall ⌫ must  allow the notified body access for inspection purposes 
to the design, manufacture, assembly, insta llation, inspection and testing and storage 
locations, and ⌦ shall ⌫ must  provide it with all necessary  information, in particular: 
(a)- the ⌦ full ⌫ quality assurance system documentation, ; 
 
Ð 95/16/EC 
(b)- the quality records provided for in the design part of the quality assurance system, such as 
results of analyses, calculations, tests, etc., ; 
(c)- the quality records provided for in the part  of the quality assurance system concerning 
acceptance of supplies and insta llation, such as inspection repor ts and test data, calibration 
data, reports on the qualifications of the personnel concerned, etc. 
4.3. The notified body must periodica lly carry out audits to make sure that the installer of a 
lift maintains and applies the quality assurance sy stem and must provide the installer with an 
audit report. 
 
Ð 95/16/EC (adapted) 
4.4. Additionally, the notified body may pay unexp ected visits to the premises of a lift 
installer or to the assembly site of a lift. At the time of such visits, the notified body may, 
⌦ where necessary, ⌫ carry out tests or have them carri ed out in order to  check the proper 
functioning of the ⌦ full ⌫ quality assurance system,  where necessary;  it must  ⌦ It 
shall ⌫ provide the lift  installer with a visit report and, if a test has been carried out, with a 
test report. 
5. The installer ⌦ shall ⌫ of a lift must , for a period of 10 years after the lift has been 
placed on the market, keep at the dis posal of the national authorities: EN 108   EN (a)- the documentation referred to in the s econd indent of the second paragraph of  Section  
Point  3.1(c), ;  
 
Ø new 
(b) a technical file referr ed to in Point 3.1(d);  
 
Ð 95/16/EC (adapted) 
(c)- the ⌦ updates ⌫ updating  referred to in the second paragraph of Section  Point  3.5,; 
 
Ð 95/16/EC 
(d)- the decisions and reports from the notifie d body which are referred to in the final 
paragraph of Sectio n Point  3.5 and in Sections  Points  4.3 and 4.4. 
 
Ð 95/16/EC (adapted) 
Where the installer is not established in the ⌦ Union ⌫ Community , this obligation falls to 
the notified body. 
6. Each notified body shall forwa rd to the other notified bodies the relevant information 
concerning the quality assurance systems issued and withdrawn.  
 
Ø new 
6. Each notified body shall inform its notifying authorities of full quality assurance system 
approvals issued or withdrawn, a nd shall, periodically or upon request, make available to its 
notifying authorities the list of full quality assurance system approva l decision(s) issued, 
refused, suspended or otherwise restricted.  
Each notified body shall inform the other notif ied bodies of full quality assurance system 
approval decision(s) which it has refused, susp ended or withdrawn, and, upon request, of full 
quality assurance system approval de cision(s) which it has issued.  
The notified body shall keep a copy of the a pproval decision(s) issued, its annexes and 
additions, as well as the technica l file for a period of 15 years from the date of their issue. 
On request, the notified body shall provide the Commission and the Member States with a 
copy of full quality assurance syst em approval decision(s) issued. 
 
Ð 95/16/EC (adapted) 
7. The dossiers  ⌦ documents ⌫ and correspondence relating to  the full quality assurance 
procedures must be drawn up in one of the of ficial languages of the Member State where the 
notified body is established or in a language acceptable to it. EN 109   EN  
Ð 95/16/EC (adapted) 
ANNEX XII XIV  
PRODUCTION QUALITY ASSURANCE ⌦ FOR LIFTS  ⌫ 
(module D) 
1. Production quality assurance is th e procedure whereby the instal ler of a lift who satisfies 
the obligations of Section 2 ensu res and declares that the lifts satisfy the requirements of the 
Directive that apply to them. The installer of the lift must affix the CE marking to each lift 
and dr aw up a written declaration of conformit y. The CE marking must be accompanied by 
the identification symbol of the notified body responsible for surveillance as specified in 
Section 4.  
2. The installer of the lift must operate an approved quality assurance system for production, 
installation, final lift inspection and testing as specified in Section 3 and is subject to 
surveillance as specified in Section 4.  
⌦ 1. Production quality a ssurance for lifts is the part of the conformity assessment procedure 
whereby a notified body assesses  the production quality assuranc e system of a installer to 
ensure that the lifts installed are in conformity  with the type as described in the EU type-
examination certificate or with  a lift designed and manufactured  by an installer who operates 
a full quality assurance system in accordance wi th Annex XI, and satisfy the essential health 
and safety requirements set out in Annex I. ⌫ 
⌦ 2. OBLIGATIONS OF THE INSTALLER ⌫ 
⌦ 2.1. The installer shall operate an appr oved production quality assurance system for 
manufacture, assembly, installati on, final inspection and testing of lifts as specified in Point 3 
and is subject to surveillance as specified in Point 4. ⌫ 
⌦ 2.2. The installer shall affix the CE marking to  each lift and draw up a written declaration 
of conformity. ⌫ 
3. ⌦ PRODUCTION  ⌫ QQUALITY ASSURANCE SYSTEM  
3.1. The installer must  ⌦ shall ⌫ lodge an application for assessment of his 
⌦ production ⌫ quality assurance system with  a notified body of his choice. 
The application must  ⌦ shall ⌫ include: 
 
Ø new 
(a) the name and address of the installer; 
 
Ð 95/16/EC (adapted) 
(b)- all relevant information for the lifts ⌦ to be installed ⌫,; EN 110   EN (c)- the documentation concerning  ⌦ on the production ⌫ the quality assurance system, ; 
(d)- the technical documentation  ⌦ file ⌫ of ⌦ the lifts to be installed ⌫ the approved 
type and a copy of the EC type -examination certificate ,; 
 
Ø new 
(e) a written declaration that th e same application has not been  lodged with any other notified 
body. 
 
Ð 95/16/EC 
3.2. The quality assurance system must ensure co mpliance of the lifts w ith the requirements 
of the Directive that apply to them. 
 
Ð 95/16/EC (adapted) 
All the elements, requirements and provisi ons adopted by the installer of a lift  shall be 
documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The ⌦ production ⌫ quality assurance system documentation must permit 
a consistent interpretation of the quality  programmes, plans, manuals and records. 
It ⌦ shall ⌫ must
 contain in particular an  adequate description of: 
(a)- the quality objectives and the organizational structure, res ponsibilities and powers of the 
management with regard to  the quality of the lifts, ; 
(b)- the manufacturing, quality control and quality assurance techniques, processes and 
systematic actions that will be used, ; 
(c)- the examinations and tests that will be ca rried out before, during and after installation35,; 
(d)- the quality records, such as inspection report s and test data, calibration data, qualification 
reports of the personnel concerned, etc., ; 
(e)- the means to monitor the achievement of the required lift quality and the effective 
operation of the ⌦ production ⌫ quality assurance system. 
3.3. The notified body ⌦ shall ⌫ must  assess the ⌦ production ⌫ quality assurance 
system to determine whether it satisfies the requirements referred to in Section  Point  3.2. It 
presumes conformity with these requirements in respect of quality assurance systems that implement the relevant harmonized standard
36. 
The auditing team must ⌦ shall ⌫ have at least one member w ith experience of assessment 
in the lift technology concerned ⌦ and knowledge of the requirements set out in 
Annex I. ⌫  
                                                 
35 These tests include at least the tests provided for in Annex V Point 3.4 VI, Section 4 (b) . 
36 This harmonized standard will be E N 29002, supplemented where necessary to take account of the 
specific nature of the lifts.  EN 111   EN The assessment procedure must ⌦ shall ⌫ include an inspection visit to the installer's 
premises ⌦ and a visit to an installation site ⌫.  
The decision ⌦ shall ⌫ must  be notified to the installer. The notification must contain the 
conclusions of the examination  ⌦ assessment ⌫ and the reasoned assessment ⌦ report ⌫ 
decision . 
3.4. The installer ⌦ shall ⌫ must  undertake to discharge the ob ligations arising from the 
⌦ production ⌫ quality assurance system as approved and to ensure that it is maintained in 
an appropriate and efficient manner. 
The installer shall k eep the notified body that  has approved the ⌦ production ⌫ quality 
assurance system informed of any in tended updating of the quality assurance  system. 
The notified body ⌦ shall ⌫ must  assess the modifications proposed and decide whether 
the modified ⌦ production ⌫ quality assurance system will still satisfy the requirements 
referred to in Section  Point  3.2 or whether a re-assessment is required. 
It ⌦ shall ⌫ must  notify its decision to the installer. The notification must contain the 
conclusions of the examination  ⌦ assessment ⌫ and the reasoned assessment ⌦ report ⌫ 
decision . 
4. SURVEILLANCE UNDER THE RESPONSIBI LITY OF THE NOTIFIED BODY  
4.1. The purpose of surveillance is to make sure that the installer duly fulfils the obligations 
arising out of the approved ⌦ production ⌫ quality assurance system. 
4.2. The installer ⌦ shall ⌫ must  allow the notified body access for inspection purposes to 
the manufacture, inspection, assembly, installa tion, testing and storage locations and must 
provide it with all necessary information, in particular: 
(a)- the ⌦ production ⌫ quality assurance system documentation, ; 
⌦ (b) the technical file(s); ⌫  
 
Ð 95/16/EC 
(c)- the quality records, such as  inspection reports and test da ta, calibration data, reports on 
the qualifications of the personnel concerned, etc. 
 
Ð 95/16/EC (adapted) 
4.3. The notified body ⌦ shall ⌫ must  periodically carry out audits  to make sure that the 
installer maintains and applies the quality ⌦ production ⌫ assurance system and 
⌦ shall ⌫ must  provide an audit report to the installer. 
4.4. Additionally the notified body may pay unexpect ed visits to the installer. During such 
visits the notified body may, where necessary  carry out, or cause to be carried out, tests to 
verify that the ⌦ production ⌫ quality assurance system is functioning correctly, if 
necessary . The notified body ⌦ shall ⌫ must  provide the installer with a visit report and, if 
a test has taken place, with a test report. EN 112   EN 5. The installer ⌦ shall ⌫ must , for a period of 10 years af ter the last lift has been 
manufactured, keep at the dispos al of the national authorities: 
 
Ð 95/16/EC (adapted) 
(a)- the documentation referred to in the second indent of  Section  Point  3.1(c), ; 
 
Ø new 
(b) the technical file refe rred to in Point 3.1(d);  
 
Ð 95/16/EC 
(c)- the updating referred to in th e second paragraph of Section  Point  3.4,; 
(d)- the decisions and reports from the notifie d body which are referred to in the final 
paragraph of Section  Points  3.4, Section  4.3 and 4.4.  
 
Ø new 
6. Each notified body shall inform its notifying  authorities of produc tion quality assurance 
system approvals issued or withdrawn, and shal l, periodically or upon re quest, make available 
to its notifying authorities the list of production quality assura nce system approval decision(s) 
issued, refused, suspended or otherwise restricted.  
Each notified body shall inform the other no tified bodies of production quality assurance 
system approval decision(s) which it has refu sed, suspended or withdrawn, and, upon request, 
of production quality assurance system a pproval decision(s) which it has issued.  
On request, the notified body shall provide the Commission and the Member States with a 
copy of production quality assurance sy stem approval decision(s) issued. 
 
Ð 95/16/EC (adapted) 
6. Each notified body must give the other notifie d bodies the relevant information concerning 
the quality assurance system a pprovals issued and withdrawn.  
7. ⌦ The documentation ⌫ Documents  and correspondence rela ting to the production 
quality assurance procedures sha ll be drawn up in an official la nguage of the Member State in 
which the notified body is established or in a language acceptable to it. EN 113   EN  
 
Ï 
ANNEX XIII  
Part A 
Repealed Directive with list of its successive amendments   
 
European Parliament and Council Directive 
95/16/EC 
(OJ L 213, 7.9.1995, p. 1)  
Regulation (EC) No 1882/2003 of the 
European Parliament and of the Council 
(OJ L 284, 31.10.2003, p.1) Only Pt. 10) of Annex I 
Directive 2006/42/EC of the European 
Parliament and the Council 
(OJ L 157, 9.6.2006, p.24) Only Article 24 
Part B  
List of time-limits for transposition into national law [and application]  
 
Directive Time-limit for trans position Date of application 
95/16/EC 1 January 1997 1 July 199737 
2006/42/EC Art.24 29 June 2008 29 December 2009 
 
ANNEX XIV  
CORRELATION TABLE  
Directive 95/16/EC This Directive 
                                                 
37 Until 30 June 1999 Member States shall allow: — the placing on the market and putting into service of 
lifts, — the placing on the market and putting into se rvice of safety components, which conform to the 
provisions in force in their territories on the date of adoption of this Directive. See Article 15(2) of 
Directive 95/16/EC. EN 114   EN Article 1(1) Article 1( 1) first subparagraph 
__ Article 1(1), second subparagraph 
Article 1(2) first subparagraph __ 
Article 1(2), second subparagraph __ 
Article 1(2), third subparagraph Article 2(2) 
Article 1(3) Article 1(2) 
Article 1(4) first indent of first subparagraph Article 2(4) 
Article 1(4) second, third and fourth indents 
of first subparagraph __ 
Article 1(4) fifth i ndent of first subparagraph Article 2(3) 
Article 1(4) second subp aragraph Article 16(3) 
Article 1(4) third subp aragraph Article 16(4) 
Article 1(5) Article 1(3) 
_ Article 2(1) 
Article 2(1) first indent  Article 4(1)  
Article 2(1) second inde nt  Article 4(2)  
Article 2(2) Article 6(1) 
Article 2(3) Article 6(2) 
Article 2(4) Article 3(4) 
Article 2(5) Article 3(3) 
Article 3, first paragraph  Article 5(1) 
Article 3, second paragraph  Article 5(2) 
Article 4(1) Article 3(1) 
Article 4(2) Article 3(2) 
__ Articles 7 to 14 
Article 5 __  
Article 6(1) and (2) __  EN 115   EN   
Article 6(3) and (4) Article 42  
Article 7 __  
__ Articles 37 to 41 
_ Article 43 
Article 8(1) (a) Article 15 
Article 8(1) (b) and (c) __ 
Article 8(2) Article 16 
__ Article 17 
Article 8(3), (4) and (5)  __ 
__ Article 18 
Article 9 __  
Article 10(1) __ 
Article 10(2) Article 19(1) 
Article 10(3) and (4)  __ 
__ Article 19(2) to (5) 
__ Articles 20 to 45 
Article 11 __ 
__ Article 44 
Article 12 __ 
Article 13 __ 
Article 14 __ 
Article 15(1) and (2) __ 
  
Article 15(3) Article 46(2) 
__ Article 46(1) EN 116   EN Article 16  _ 
__ Articles 47 to 49 
Article 17 Article 50 
Annex I  Annex I  
Annex II Part A Annex II Part A 
Annex II Part B Annex II Part B 
Annex III __ 
Annex IV Annex III 
Annex V Part A Annex IV Part A 
Annex V Part B Annex IV Part B 
Annex VI Annex V  
Annex VII __ 
Annex VIII Annex VI 
Annex IX  Annex VII 
Annex X Annex VIII 
Annex XI Annex IX 
Annex XII Annex X 
Annex XIII Annex XI 
Annex XIV Annex XII 
__ Annex XIII 
__ Annex XIV