12. 6. 76 Official  Journal  of the European  Communities No C 131/31 
Opinion  on the proposals  for: 
— a Council  Directive  on the  approximation  of the  laws  of the  Member  States 
relating  to common  provisions  for lifting  and  mechanical  handling  appliances 
— a Council  Directive  on the approximation  of the  laws  of the  Member  States 
relating  to electrically  operated  lifts 
The text  referred  to the Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 222  of 29 September  1975,  page  1. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 28 July  1975,  the  Council  referred  the  abovementioned  proposals  to the 
Economic  and  Social  Committee  in accordance  with  Article  100  of the  Treaty 
establishing  the European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at 
its 137th  plenary  session,  held  in Brussels  on 25 and  26 February  1976. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  for an opinion  made 
by the Council  of the European  Communities  on 
28 July  1975, 
Having  regard  to the  Treaty  establishing  the 
European  Economic  Community,  and  in par-
ticular  Article  100  thereof, 
Having  regard  to the decision  taken  by its Bureau 
on 23 September  1975  instructing  the Section  for 
Industry,  Commerce,  Crafts  and  Services  to draw 
up an opinion  and  a report  on the matter, 
Having  regard  to the  opinion  issued  by  the 
Section  for Industry,  Commerce,  Crafts  and  Ser-
vices  at its meeting  on 4 February  1976, 
Having  regard  to the  report  submitted  by the 
rapporteur,  Mr Bourel, 
Having  regard  to the  discussions  at its 137th 
plenary  session,  held  on 25 and  26 February 
1976  (meeting  of 26 February), HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the  proposals,  subject 
to the following  comments: 
1. General  comments 
1.1. The  type  of harmonization 
1.1.1.  The  'outline'  Directive  provides  for 
'optional'  harmonization  but  does  not  rule  out 
the possibility  of certain  specific  Directives  pro-
viding  for another  type  of harmonization,  such  as 
total  harmonization.  The  type  of harmonization 
chosen  could  be spelt  out  in the specific  Direc-
tives.  'Optional'  harmonization  is also  proposed 
in the Directive  on lifts. 
1.1.2.  The  Committee  would  point  out  that  it 
has repeatedly  called  for total  harmonization  and 
No C 131/32 Official  Journal  of the European  Communities 12. 6. 76 
has accepted  'optional'  harmonization  as a tem-
porary  measure  only.  In addition,  it considers 
that the Directive  on lifts  should  provide  for total 
harmonization.  This  is warranted  in the interests 
of workers'  and  users'  safety  and  for  economic 
and technical  reasons. 
1.1.3.  Furthermore,  total  harmonization 
would  preclude  difficulties  between  lift  installa-
tion firms  and  building  contractors.  (Under 
'optional'  harmonization,  they  would  not  know 
when  drawing  up plans  whether  lift installations 
were  subject  to national  standards  or to the 
Directive). 
1.1.4.  The  Committee  therefore  considers  that 
total  harmonization  must  be adopted.  It calls, 
however,  on the Commission  to extend  the dead-
line for complying  with  the proposed  Directive  so 
that the industries  concerned  may  have  sufficient 
time  to adapt  production  to the new  provisions. 
1.1.5.  The  legal  position  should  be perfectly 
clear  when  the Member  States  have  to incorpor-
ate the requirements  laid  down  by the Directives 
into their  own  national  regulations.  In order  to 
ensure  that  this  is the  case,  the  Committee 
considers  that  the aims  of the Directives  ought  to 
be more  clearly  indicated.  This  could  be done,  for 
example,  in a recital. 
1.1.6.  The  Committee  would  point  out  that  it 
has, on several  occasions,  drawn  attention  to the 
advantages  of using  the 'reference  to standards' 
method  of  harmonization.  The  Committee 
requests  that  this  form  of harmonization  be used 
as often  as possible  (see  opinion  of the  general 
programme  for  the  removal  of technical  bar-
riers  (1)). 
1.2. Scope 
1.2.1.  Article  1 of the 'outline'  Directive  states 
that,  for the purpose  of the Directive,  'lifting  and 
mechanical  handling  appliances'  mean  all lifting 
and handling  appliances  which  are  electrically, 
hydraulically  or mechanically  operated. 
1.2.2.  The  Committee  considers  that,  while  the 
scope  of the  Directive  should  be as wide  as 
possible,  it should  at all events  cover  only  mass-
produced  equipment.  It should  not  apply  to 
(') OJ No C 132,  6. 12. 1968,  p.l. custom-built  or individually  produced  appliances 
in which  trade  (and  barriers  to trade)  are 
negligible. 
1.2.3.  The  Committee  is opposed  to lifts  for 
the disabled  being  excluded  from  the scope  of the 
specific  Directive.  Such  lifts  account  for  more 
than  half  of the lfts  in service  in the Community 
at the present  time. 
1.2.4.  As  regards  appliances  which  have 
already  been  built  and  are  in operation  — and 
which,  quite  rightly,  are  not  covered  by the 
proposed  Directive  — Member  States  should 
carry  out  the periodic  checks  necessary  to ensure 
that such  equipment  is safe,  if they  are  not 
already  doing  this. 
1.3. EEC  inspection 
1.3.1.  The  purpose  of EEC  inspection  is to 
check  that  the  appliances  concerned  conform  to 
the model  for which  EEC  type-approval  or com-
ponent  type-approval  has been  granted. 
1.3.2.  Article  5 of the 'outline'  Directive  indi-
cates  that  such  checks  are to be carried  out by an 
inspection  body  in each  Member  State. 
1.3.3.  This  presupposes  that  such  inspection 
bodies  exist  in all the Member  States.  In actual 
fact,  most  of the  Member  States  have  at the 
moment  neither  sufficient  staff  nor  equipment  to 
carry  out  EEC  inspection.  The  Committee  there-
fore requests  that  the  'outline'  Directive  should 
not rule  out  the  possibility  of EEC  inspection 
being  carried  out  independently  under  the  sole 
responsibility  of the  manufacturer.  Other  'out-
line' Directives  (e.g.  pressure  vessels,  measuring 
instruments)  provide  for such  inspection. 
2. Specific  comments 
2.1. 'Outline'  Directive 
2.1.1.  Article  1 
2.1.1.1.  In  line  with  the comment  made  in item 
1.2.2  of 'General  comments',  the Committee  calls 
for the deletion  of 'all'  in Article  1 (1). 
12. 6. 76 Official  Journal  of the European  Communities No C 131/33 
2.1.2.  Article  8 
2.1.2.1.  The  Committee  believes  that  Article  8 
(1) should  be deleted,  since  it gives  the  body 
responsible  for  granting  type-approval  excessive 
powers.  Moreover,  minor  changes  — of no 
significance  from  the technical  or safety  aspect  — 
in the  specifications  of appliances  for  which 
type-approval  has  been  granted,  should  not  lead 
to type-approval  being  withdrawn. 
2.1.2.2.  Article  8 (2) should  read  as follows: 
'The  competent  authority  of a Member  State 
which  has  granted  EEC  type-approval  must 
withdraw  such  approval  if: 
(a) it finds  that  type-approval  should  not  have 
been  granted,  or if subsequent  develop-
ments  would  preclude  type-approval  being 
granted; 
(b) commitments  on  which  type-approval  is 
contingent  are  not  fulfilled,  even  after  a 
reasonable  period  of time  has elapsed;  or 
(c) it finds  that  the lifting  appliances  for which 
type-approval  has  been  granted  do  not conform  to type-approval  specifications 
and the  manufacturer,  after  being  duly 
warned,  fails  to correct  the  relevant  defi-
ciencies.' 
2.2 Specific  Directive  on lifts 
2.2.1.  Article  1 
2.2.1.1.  In  line  with  the comment  made  in item 
1.2.3  of 'General  comments',  the  Committee 
requests  that  the word  'and  lifts  for the disabled' 
be deleted. 
3. Technical  annexes 
3.1. The  Committee  attaches  particular  impor-
tance  to the  Commission's  intention  to refer  to 
the relevant  work  carried  out by the CEN,  and  to 
its willingness  to replace  the  present  technical 
annexes  to the proposal  by the CEN  standard  if 
the latter  is adopted  before  the  proposal  is 
examined  by the Council. 
Done  at Brussels,  26 February  1976. 
Tbe Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE