COUNCIL DIRECTIVE of 17 September 1984 on the approximation of the laws of the Member States relating to electrically operated lifts (84/529/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas in the Member States the construction and inspection of electrically operated lifts are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such lifts ; whereas it is therefore necessary to approximate these provisions;
Whereas the rules concerning installation, the tests carried out at the time of inspection before entry into service and the performance checks on these applicances affect their manufacture ; whereas such rules differ from one Member State to another and must therefore also be harmonized;
Whereas Council Directive 84/528/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances (4) has laid down in particular the procedures for EEC type-examination and EEC inspection for these appliances ; whereas, according to that Directive, it is necessary to lay down the technical requirements which electrically operated lifts and their essential components (locking devices, landing doors, overspeed governors, safety gears, hydraulic buffers) must satisfy in order to be freely imported, marketed and used after having undergone the requisite inspections and bearing accordingly the required marks and signs,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to permanently installed electrically operated hoisting appliances serving specific levels, having a car designed for the transport of persons or of persons and goods, suspended by ropes or chains and moving at least partially between guides which are vertical or inclined at an angle of less than 15° to the vertical, hereinafter referred to as "lifts".
2. This Directive shall not apply to: - lifts specially designed for military or research purposes, or those used as equipment on ships, on offshore prospecting and drilling rigs, in mines or for the handling of radioactive materials,
- lifts intended exclusively for the transport of goods,
- passenger, goods or service lifts not driven by an electric motor, appliances actuated by fluids (such as oil and hydraulic lifts), or any of the following hoisting appliances : paternosters, rack-and-pinion elevators, screw-driven elevators, theatre elevators, loading appliances, skips, lifts and goods hoists on building or public works sites, construction or maintenance equipment and lifts specially constructed for transporting the handicapped.
Article 2
1. Without prejudice to Article 3, no Member State may, on grounds relating to the requirements of this Directive, refuse, prohibit, or restrict the installation and entry into service of lifts which satisfy the requirements of this Directive and of Directive 84/528/EEC. In Member States where acceptance inspections are required before a lift can be put into service, their conformity with Community provisions shall be established by means of checks and tests carried out in accordance with the provisions of this Directive and of Directive 84/528/EEC. (1) OJ No C 221, 29.9.1975, p. 1. (2) OJ No C 7, 12.1.1976, p. 37. (3) OJ No C 131, 12.6.1976, p. 31. (4) See page 72 of this Official Journal.
The latter Member States shall nominate, in accordance with their national provisions, the bodies competent to undertake such tests and inspections.
2. Neither Community nor national measures concerning the construction of buildings, and in particular fire protection, shall be affected save where they fall within the scope of the requirements of this Directive in this respect.
3. Where a Member State requires authoritzation prior to installation, examination of the request for authorization shall be conducted in accordance with the requirements of this Directive.
4. Examinations and tests carried out periodically as part of lift servicing or following an extensive modification shall be conducted in accordance with national provisions ; as regards lifts covered by this Directive, these examinations and tests may not be more stringent than those laid down in the Annex.
Article 3
1. The lift components set out in Annex II shall be submitted to EEC type-examination and EEC inspection in accordance with Directive 84/528/EEC on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances.
2. No Member State may refuse, prohibit or restrict the placing on the market or the use for construction or installation of these lift components, if they conform to the type examined, bear the EEC type-examination sign and are accompanied by a certificate of conformity made out by the manufacturer which is in conformity with the model shown in Annex IV to Directive 84/528/EEC.
3. The EEC type-examination certificate which confirms that a type of component satisfies Community requirements shall be valid for a period of 10 years and may be renewed, on request, for 10-year periods.
Article 4
Member States shall take all necessary measures to ensure that construction components can be subjected to EEC type-examination and that the EEC type-examination certificate referred to in Article 3, the model for which is contained in Annex III, is granted where these components satisfy the technical requirements in Annex I.
Article 5
Any amendments necessary to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with Article 22 of Directive 84/528/EEC.
Article 6
1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive on the expiry of a period of 24 months from its notification (1). They shall immediately inform the Commission thereof.
2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field convered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 17 September 1984.