# CE2004078EN.01093101.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/931 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/931

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(2004/C 78 E/0985)

WRITTEN QUESTION E-0106/04

by Erik Meijer (GUE/NGL) to the Commission

(22 January 2004)

Subject:   Use in shops of escalators which meet European safety standards but are apparently unsafe for children

Subject:

| 1. | Is the Commission aware that there are escalators in existence in shops which comply with European safety standards for escalators, but seem nevertheless to be extremely dangerous in practice, particularly for young children, who are dragged to the ground at the end of the escalator by the moving rubber handrail, and could be injured or killed as a result? |
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1.

Is the Commission aware that there are escalators in existence in shops which comply with European safety standards for escalators, but seem nevertheless to be extremely dangerous in practice, particularly for young children, who are dragged to the ground at the end of the escalator by the moving rubber handrail, and could be injured or killed as a result?

| 2. | Is the Commission aware that such an accident happened to a child in 1998 in a shoe shop in the Dutch town of Spijkenisse and that on 7 January 2004 a judge in Haarlem ordered the chain of shops responsible to pay compensation of EUR 45 000 for the permanent kidney and liver damage sustained? |
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2.

Is the Commission aware that such an accident happened to a child in 1998 in a shoe shop in the Dutch town of Spijkenisse and that on 7 January 2004 a judge in Haarlem ordered the chain of shops responsible to pay compensation of EUR 45 000 for the permanent kidney and liver damage sustained?

| 3. | Did the Netherlands Ministry of Social Affairs and Employment file a report on this incident, which was investigated in 1998 by the Netherlands factory and shop inspectorate, which could be used as a basis for incorporating this experience into an amendment to the European safety standards for escalators? |
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3.

Did the Netherlands Ministry of Social Affairs and Employment file a report on this incident, which was investigated in 1998 by the Netherlands factory and shop inspectorate, which could be used as a basis for incorporating this experience into an amendment to the European safety standards for escalators?

| 4. | Is the Commission aware that escalators of the same kind as the one on which the accident took place in 1998 are still in use in half of large stores, and that every year in the Netherlands 550 people who have been injured on escalators need medical treatment? |
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4.

Is the Commission aware that escalators of the same kind as the one on which the accident took place in 1998 are still in use in half of large stores, and that every year in the Netherlands 550 people who have been injured on escalators need medical treatment?

| 5. | Are Member States which themselves do nothing to counteract this problem in breach of their obligations, or should they wait for European legislation? |
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5.

Are Member States which themselves do nothing to counteract this problem in breach of their obligations, or should they wait for European legislation?

| 6. | Why have the European safety standards for escalators still not been tightened up, six years after this accident? Is this because of lack of information? |
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6.

Why have the European safety standards for escalators still not been tightened up, six years after this accident? Is this because of lack of information?

| 7. | What can be done to improve safety standards in the short term? What is the Commission doing to encourage this? |
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7.

What can be done to improve safety standards in the short term? What is the Commission doing to encourage this?

Source: TV Nederland 1, ‘Netwerk’ of 11 January 2004.

Answer given by Mr Liikanen on behalf of the Commission

(2 March 2004)

(2 March 2004)

| 1. to 4. | The Commission has, until the question posed by the Honourable Member, not been informed of the accidents and other related events that have taken place in the Netherlands.
  When considering the safety of existing escalators it is important to note that different legal requirements and procedures apply depending on when the escalators were placed on the market and put into service. New escalators placed on the market and put into service in the European Economic Area from 1 January 1995 must comply with the essential health and safety requirements of the Machinery Directive (1). Application of the technical specifications of harmonised European standards is one voluntary means of fulfilling the relevant essential health and safety requirements of the Machinery Directive. Escalators placed on the market and put into service in the Community before 1 January 1995 were subject to the existing national legislation at the moment of installation, with exception for the period between 1 January 1993 and 31 December 1995 when the Machinery Directive could be voluntarily applied. |
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1. to 4.

The Commission has, until the question posed by the Honourable Member, not been informed of the accidents and other related events that have taken place in the Netherlands.

When considering the safety of existing escalators it is important to note that different legal requirements and procedures apply depending on when the escalators were placed on the market and put into service. New escalators placed on the market and put into service in the European Economic Area from 1 January 1995 must comply with the essential health and safety requirements of the Machinery Directive (1). Application of the technical specifications of harmonised European standards is one voluntary means of fulfilling the relevant essential health and safety requirements of the Machinery Directive. Escalators placed on the market and put into service in the Community before 1 January 1995 were subject to the existing national legislation at the moment of installation, with exception for the period between 1 January 1993 and 31 December 1995 when the Machinery Directive could be voluntarily applied.

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| 5. | It should be noted that, regardless of when an escalator was installed, Member States are responsible for ensuring that the escalators on their territory are safe. It is also important to keep in mind that accidents can also occur with ‘safe’ escalators fulfilling all legal requirements in the case of unforeseeable misuse.
  The two harmonised standards giving presumption of conformity with the relevant essential health and safety requirements for escalators are:






  — | EN 115: 1995 Safety rules for the construction and installation of escalators and passenger conveyors (2); |
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5.

It should be noted that, regardless of when an escalator was installed, Member States are responsible for ensuring that the escalators on their territory are safe. It is also important to keep in mind that accidents can also occur with ‘safe’ escalators fulfilling all legal requirements in the case of unforeseeable misuse.

The two harmonised standards giving presumption of conformity with the relevant essential health and safety requirements for escalators are:

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EN 115: 1995 Safety rules for the construction and installation of escalators and passenger conveyors (2);

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| — | EN 115.A1: 1998 Safety rules for the construction and installation of escalators and passenger conveyors — Amendment 1 (3). |
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EN 115.A1: 1998 Safety rules for the construction and installation of escalators and passenger conveyors — Amendment 1 (3).

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The Commission has not been notified of any shortcomings in the harmonised standards on escalators.

| 6. | The harmonised standards on escalators are currently being revised by the standardisation organisation CEN, Technical Committee 10, Working Group 2 (CEN/TC10/WG2), in order to take account of the experience gained from using the current standards. The working group plans to finalise the drafting of the new standard by the end of 2004, followed by the final vote of the national standardisation organisations being members of CEN and adoption during 2005. |
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6.

The harmonised standards on escalators are currently being revised by the standardisation organisation CEN, Technical Committee 10, Working Group 2 (CEN/TC10/WG2), in order to take account of the experience gained from using the current standards. The working group plans to finalise the drafting of the new standard by the end of 2004, followed by the final vote of the national standardisation organisations being members of CEN and adoption during 2005.

| 7. | The Commission will undertake to bring the concern on risks relating to handrails to the Machinery Directive Working Group, which unites the different stakeholders such as Member State Authorities, Industry, standardisers, unions, consumers, etc., in order to ensure that stakeholders are aware of the ongoing revision and that care is taken to take account of all available information when drafting a new escalator standard. |
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7.

The Commission will undertake to bring the concern on risks relating to handrails to the Machinery Directive Working Group, which unites the different stakeholders such as Member State Authorities, Industry, standardisers, unions, consumers, etc., in order to ensure that stakeholders are aware of the ongoing revision and that care is taken to take account of all available information when drafting a new escalator standard.

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(1)  Directive 98/37/EC of the Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery, OJ L 207, 23.7.1998.

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(2)  OJ C 165, 1.7.1995.

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(3)  OJ C 317, 15.10.1998.

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