COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 240final - SYN394 
Brussels, 9 June 1993 
Amended proposal for a 
COUNCIL PI RECTI YE 
on the approximation of the laws of the Member 
States relating to lifts 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
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Explanatory memorandum 
At its sitting of 29 October 1992, the European Parliament delivered its 
opinion on the Commission proposal set out In Doc. COM(92)35 final -
SYN 394. 
The present proposal takes account of the amendments which have been 
proposed by the European Parliament and which, in the Commission's view, 
should prove to be acceptable. 
The amendments will make it possible to improve: 
the definition of the scope, 
comprehension of the text, 
the safety of use of lifts 
While taking account of the terminological amendments Introduced by the 
proposal for a directive on EC marking. 
However, the Commission took the view that amendments 1, 4, 12 and 13, 
which it rejected, do not concern the free movement of goods as they 
deal either with the Inspection and maintenance of existing lifts or 
with matters of town planning (accessibility of buildings to the 
disabled). 
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Amended proposal for a Council Directive 
on the approximation of the laws of the Member 
States relating to lifts 
In the matter of the establishment of the cooperation procedure and In 
the light of the opinion delivered by the European Parliament1 
following the first reading on the proposal for a Council Directive2 
relating to lifts, the Commission has decided to amend Its proposal as 
follows: 
Initial proposal Amended proposai 
Article 1(1) 
This Directive applies to lifts 
permanently installed in permanent 
buildings. It also applies to ... This Directive applies to lifts 
permanently installed in 
buildings and constructions. It 
also applles to ... 
1 Opinion delivered on 29 October 1992 (0J No C ...). 
2 OJ No C 62, 11 March 1992, p. 4. 
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Initiai proposal Amended proposa 
Article 1(2) 
For the purposes of this Directive, 
'lift' means a lifting appliance 
serving specific levels having a 
car designed for the transport of 
persons or of persons and goods, 
moving between guides which are 
vertical or Inclined at an angle of 
less than 15 degrees to the 
vertical. For the purposes of this 
Directive, 'lift' means an 
appliance permanently serving 
specific levels of buildings and 
constructions and having a car 
moving between guides which are 
rigid and inclined at an angle of 
less than 15 degrees to the 
horizontal, for the transport of: 
- persons, 
- persons and goods, 
- goods only, provided 
that the cab is 
accessible, I.e., a 
person can get in 
without difficulty, 
and provided that 
operating controls are 
fitted either inside 
the cab itself or 
within easy reach of 
the cab occupant. 
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Article 4 
Member States shall not prohibit, 
restrict or Impede, for reasons 
connected with the essential health 
and safety requirements referred to 
in Article 3, the placing on the 
market or putting Into service on 
their territory of lifts or safety 
components which comply with the 
provisions of this Directive. Member States shall not prohibit, 
restrict or impede, for reasons 
connected with the provisions of 
the Directive, the placing on the 
market or putting into service on 
their territory of lifts or 
safety components which comply 
with the provisions of this 
DirectIve. 
Article 5(1) 
Member States shall regard lifts 
and safety components bearing the 
EC mark and accompanied by the EC 
declaration of conformity referred 
to in Annex II as conforming to the 
essential health and safety 
requirements referred to Article 3. Member States shall regard lifts 
and safety components bearing the 
EC marking and accompanied by the 
EC declaration of conformity 
referred to In Annex II as 
conforming to the essential 
health and safety requirements 
referred to Article 3. 
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in the absence of harmonized 
standards, Member States shall take 
any steps they deem necessary to 
bring the attention of the parties 
concerned to the existing national 
technical standards and 
specifications which are regarded 
as important or relevant to the 
proper Implementation of the 
essential health and safety 
requirements in Annex I. In the absence of harmonized 
standards, Member States shall 
take any steps they deem 
necessary to bring the attention 
of the parties concerned to the 
existing national technical 
standards and specifications 
which are regarded as important 
or relevant to the proper 
Implementation of the essentia! 
health and safety requirements In 
Annex I. 
Article 8(2) (This amendment is applicable 
throughout) 
2. The manufacturer must follow the 
following procedures: 2. Before placing a lift on the 
market, the installer must: 
a) before placing a lift on the 
market: a) submit a representative model 
of the lift for an EC type-
examination in accordance with 
Annex V; 
- submit a representative model of 
the lift for an EC type-examination 
In accordance with Annex V; 
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- operate a full quality assurance 
system In accordance with Annex IX; 
b) before the lift Is put into 
service, submit It for acceptance 
as referred to In Annex VI: 
- by a competent body; or b) operate a full quality 
assurance system in accordance 
with Annex IX; 
c) decide to combine the placing 
on the market and putting Into 
service of the product by 
applying Article 8(3)(b). 
3. Before a lift Is put Into 
service, the Installer must 
comply with one of the following 
procedures: 
- by the manufacturer himself, 
where he operates an approved 
quality assurance system which 
complies with Annex VIII or is more 
comprehensive. 
c) where the manufacturer has opted 
not to submit a representative 
model of the lift for the EC type-
examination referred to at (a) 
above, have the acceptance referred 
to at (b) above carried out by a 
notified body in accordance with 
the unit verification procedure 
referred to In Annex X, a) where the representative model 
of the lift has undergone one of 
the procedures referred to in 
paragraph 2, (a) or (b), the lift 
must be submitted for acceptance 
as referred to in Annex VI to one 
of the fol lowing: 
- a competent body; or 
- the Installer himself, where he 
operates an approved quality 
assurance system which complies 
with Annex VIII or is more 
comprehensive. 
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d) affix the CE mark on the lift 
and draw up a declaration of 
conformity containing the 
Information listed in Annex II. b) where the representative model 
has not undergone one of the 
procedures referred to in 
point 2, a) or b: 
e) keep a copy of the declaration 
of conformity for at least ten 
years from the date on which the 
lift was put Into service. - have the acceptance carried out 
by a notified body In 
accordance with the unit 
verification procedure referred 
to Annex X, or 
- introduce a full quality 
assurance system which complies 
with Annex IX; 
c) affix the CE mark on 
the lift and draw up a 
déclarât ion of 
conformity containing 
the Information listed 
in Annex 11. 
4. The Instal1er must 
keep a copy of the 
declaration of 
conformity for at 
least ten years from 
the date on which the 
IIft was put Into 
service. 
Article 9 
1. Each Member State shall notify 
the Commission and the other Member 
States of the bodies responsible 
for carrying out: 
- the EC type-examinations referred 
to In the first Indent of 
Article 8(1)(a)and the first 
Indent of Article 8(2)(a). 1. Each Member State shall notify 
the Commission and the other 
Member States of the bodies 
responsible for carrying out: 
- the EC type-examinations 
referred to in the first 
indent of 
Article 8(1)(a) and 
Article 8(2)(a). 
- the verification of the quality 
assurance systems referred to In 
the second Indent of 
Article 8(1)(a), the second 
indent of Article 8(2)(a) and the 
second Indent of Article 8(2)(b). 
- the unit verification referred to 
In Article 8(2)(c). the verification of the quality 
assurance systems referred to 
In the second Indent of 
Article 8(1)(a), Article 
8(2)(b), the second indent of 
Article 8(3)(a) and the second 
indent of Article 8(3)(b). 
the unit verification referred 
to In the first indent of 
Article 8(3)(b). 
the acceptance of a lift 
at the time of Its being 
put into service, as 
referred to in the first 
indent of 
Article 8(3)(a). 
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The Commission shall publish a list 
of these bodies in the Official 
Journal of the European Communities 
for Information and shall ensure 
that the list Is kept up to date. The CommIssIon sha11 pub 11sh a 
list of these bodies in the 
Official Journal of the European 
Communities for Information and 
shall ensure that the list is 
kept up to date. 
2. Each Member State shall draw up 
and update the list of competent 
bodies responsible for the 
acceptance referred to In the first 
indent of Article 8(2)(b). 
These bodies may be different from 
those referred to in paragraph 1. 
The Commission, the other Member 
States and any Interested natural 
or legal person may, on request, 
receive a copy of that list. 
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3. Member States shall apply the 
criteria laid down In Annex VII in 
assessing the notified bodies and 
the competent acceptance bodies. 
Bodies meeting the assessment 
criteria laid down In the relevant 
harmonized standards shall be 
presumed to fulfil those criteria. 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 fulfil those 
criteria. 
4. A Member State which has 
notified a body must withdraw Its 
notification If It finds that the 
body no longer meets the criteria 
referred to In Annex VII. It shall 
immediately inform the Commission 
and the other Member States 
accordingly. 3. A Member State which has 
notified a body must withdraw Its 
notification If it finds that the 
body no longer meets the criteria 
referred to In Annex VII. it 
shall Immediately Inform the 
Commission and the other Member 
States accordingly. 
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Annex I, point 1.3, title 
1.3 Cables or chains supporting 
the load 1.3 Suspension mechanism 
Annex I, point 4.4 
Cars must be fitted with an 
emergency alarm device in 
communication with a permanently 
occupied place. Cars must be fitted with a means 
of communication allowing 
permanent contact with a 24-hour 
emergency rescue service. 
Annex I, insert two new indents after point 4.7 
4.8 The car should be 
adequately lit whenever in 
use: this lighting should 
be backed up by emergency 
lighting. 
4.9 The emergency alarm 
device referred to In 
point 4.4 and the emergency 
lighting referred to in 
point 4.8 must be designed 
and constructed so as to 
function even during a 
complete power failure. 
The period of operation 
should be long enough to 
allow normal operation of 
the rescue procedure. 
13 
ISSN 0254-1475 
COM(93) 240 final 
DOCUMENTS 
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ISBN 92-77-56197-1 
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