10. 7. 90 Official Journal of the European Communities No C 168/3 
European Committee for Standardization (CEN) and 
the European Committee for Electrotechnical Standar­
dization (Cenelec) so that the parties concerned would 
know when the European standards applied. 
2. In view of the failure of CEN to carry out its 
standardization contract on time, that is by 1 January 
1990, the Commission has proposed the inclusion of a 
transitional provision in the Directive which would 
allow the Member States to permit, until 1 July 1992, 
the placing on the market and/or in service of vessels 
conforming to the regulations in force in their territories 
before the date of application of the Directive. 
3. The Committee finds this proposal all the more 
regrettable in that the special health and safety risks to 
which pressure-vessel operatives and users are exposed 
continue to create an urgent need for compliance with 
Community safety deadlines. Consequently, if the date 
mentioned in Article 1 of the proposed amendment 
cannot be brought forward, the Commission must 
1. The Committee notes that the tabled proposal is one 
which has to be treated as a matter of urgency owing to the 
imbalance that has come about in the industry concerned as 
a result of the exclusion of... appliances actuated by fluids 
(such as oil and hydraulic lifts) ...' (2). Accordingly, the 
Committee thinks it right that Council Directive 84/529/ 
EEC as updated in Commission Directive 86/312/EEC (3) 
should be amended as is proposed in the current draft 
(!) OJ No C 17, 24. 1. 1990, p. 9. 
(2) OJ No L 300, 19. 11. 1984, p. 86. 
(3) OJ No L 196, 18. 7. 1986, p. 56. guarantee that there will be no further delays and secure 
a binding undertaking to that effect from CEN. 
4. The Committee calls on the Commission to take 
whatever steps are necessary to ensure that CEN 
completes its work satisfactorily and on time. Should it 
fail to do so, the Commission must take appropriate 
action in its capacity as the commissioning authority. 
5. The Committee would also draw attention to its 
opinion of 17 September 1986 setting out, in particular, 
important and constructive proposals for standardi­
zation measures to be carefully considered by the 
Commission and CEN. 
Done at Brussels, 25 April 1990. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
Directive, particularly as the CEN has published a second 
part of Standard EN 81 relating specifically to hydraulic 
and electrohydraulic lifts. 
2. The Committee questions whether the Commission 
should not have clearly defined the 'appliances actuated by 
fluids (such as oil and hydraulic lifts)' since, in its view, the 
mere deletion of an item from the exceptions in a previous 
Directive is insufficient. It is certainly not clear that the 
proposal now includes 'hydraulic-powered lifts'. 
3. The Committee also approves the technical amend­
ments made to the original Directive 84/529/EEC by 
Directive 86/312/EEC. Neither the Committee nor the Opinion on the proposal for a Council Directive amending Directive 84/529/EEC on the 
approximation of the laws of the Member States relating to electrically operated lifts (l) 
(90/C 168/03) 
On 15 January 1990, the Council decided, in accordance with Article 100 of the Treaty establishing 
the European Economic Community, to consult the Economic and Social Committee on the 
abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services was instructed to prepare the work on 
this topic and adopted its opinion on 4 April 1990. Rapporteur: Mr Pearson. 
The Economic and Social Committee, at its 276th plenary session, meeting of 25 April 1990, 
adopted unanimously the following opinion: 
No C 168/4 Official Journal of the European Communities 10. 7. 90 
European Parliament appear to have been consulted at that 
time in spite of the proposals being subject to Article 100 of 
the Treaty. 
4.1. It should be noted that the current proposals are not 
in accordance with the 'new approach' Directives for 
reasons that are acceptable. Nevertheless the Committee 
stresses the need for the same level of importance to be 
given in the area of health and safety as is required in the 
'new approach' principle. 
4.2. The Committee believes that it should draw the 
attention of the Council to the ESC opinion of 26 February 
1976 (J), in particular, in relation to 'optional harmoni-
(!) OJ No C 131, 12. 6. 1976, p. 31. zation'. In point 1.1.2 of that opinion it is stated '... in 
addition it [the Committee] 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.' This sentiment is still 
valid 14 years later but has not been addressed in either of 
the amending Directives since then. 
Done at Brussels, 25 April 1990. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
Opinion on the proposal for a Council Directive amending Council Directive 79/196/EEC on the 
approximation of the laws of the Member States concerning electrical equipment for use in 
potentially explosive atmospheres employing certain types of protection 
(90/C 168/04) 
On 27 February 1990 the Council decided to consult the Economic and Social Committee, under 
Article 100a of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the 
Committee's work on the subject, adopted its opinion on 4 April 1990. The rapporteur was 
Mr Flum. 
As its 276th plenary session (meeting of 25 April 1990) the Economic and Social Committee 
adopted unanimously the following opinion: 
The Economic and Social Committee endorses 
proposal subject to the following comments: the 
1. The outline Directive 76/117/EEC on the approxim­
ation of the laws of the Member States concerning 
electrical equipment for use in potentially explosive 
atmospheres 0) was adopted by the Council on 
18 December 1975 pursuant to Article 100 of the EEC 
Treaty: 
— This Directive lays down in particular the inspection 
procedures which this equipment must satisfy in 
order to be imported, put on the market and used 
freely after undergoing tests and being provided with 
the prescribed markings and marks. 
It also stipulates that separate Directives are to specify 
the harmonized standards applicable to this equipment 
[Article 4 (4)] and that the standards are to be adapted 
to technical progress (Article 5). — The free movement of electrical equipment was 
established by Directive 79/196/EEC of 6 February 
1979 (2). This Directive applies to equipment for use 
in potentially explosive atmospheres which in­
corporate one or more of the types of protection 
listed in Article 1. 
— Annex I to this Directive lists the harmonized 
standards produced by Cenelec which equipment 
with a specific type of protection must satisfy. These 
standards were adapted to technical progress by 
Directives 84/47/EEC of 16 January 1984 (3) and 
88/571/EEC of 10 November 1988 (4). 
— Annex II to Directive 79/196/EEC lays down the 
model for the distinctive Community mark, as 
implemented in Directive 84/47 of 16 January 1984. 
2. The aim of the present proposal [doc. COM(90) 13 final 
— SYN 243 (5)] amending Directive 79/196/EEC is to 
(!) OJ No L 24, 30. 1. 1976, p. 45. (2) OJ No L 43, 20. 2. 1979, p. 20. 
(3) OJ No L 31, 2. 2. 1984, p. 19. 
(4) OJ No L 311, 17. 11. 1988, p. 46. 
(5) OJNo C 111, 5. 5. 1990.