Amended proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to lifts
Date: 1993-06-09
Institutions: European Commission
Subjects: approximation of laws, building, consumer movement, harmonisation of standards, joint ownership, maintenance, safety standard

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) 

-  2 -

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). 

-  3 -

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 

This Directive applies  to  lifts 

permanently  installed  in permanent 

permanently  installed  in 

buildings.  It also applies to  ... 

buildings and constructions.  It 

also applles to  ... 

1 
2 

Opinion delivered on 29 October  1992 (0J No C  . . . ). 
OJ No C 62, 11 March  1992, p. 4. 

-  4 -

Initiai proposal 

Amended  proposa 

Article  1(2) 

For  the purposes of  this Directive, 

For  the purposes of  this 

'lift' means a  lifting appliance 

Directive,  'lift' means an 

serving specific  levels having a 

appliance permanently  serving 

car  designed  for the transport  of 

specific  levels of buildings and 

persons or of persons and goods, 

constructions and having a car 

moving between guides which are 

moving between guides which are 

vertical  or  Inclined at an angle of 

rigid and  inclined at an angle of 

less than 15 degrees to the 

less than  15 degrees  to the 

vertical. 

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. 

-  5  -

Article  4 

Member  States shall  not  prohibit, 

Member  States shall  not  prohibit, 

restrict  or  Impede, for  reasons 

restrict  or  impede,  for  reasons 

connected  with  the essential  health 

connected  with  the provisions of 

and  safety  requirements  referred  to 

the Directive, the placing  on  the 

in Article  3, the placing on  the 

market  or  putting  into service on 

market  or  putting  Into service on 

their  territory  of  lifts or 

their  territory  of  lifts or  safety 

safety  components  which  comply 

components  which  comply  with  the 

with  the provisions of  this 

provisions of  this Directive. 

DirectIve. 

Article  5(1) 

Member  States shall  regard  lifts 

Member  States  shall  regard  lifts 

and  safety  components  bearing  the 

and  safety  components  bearing  the 

EC mark  and  accompanied  by  the  EC 

EC marking  and  accompanied  by  the 

declaration of  conformity  referred 

EC declaration of  conformity 

to  in Annex  II as conforming  to  the 

referred  to  In Annex  II as 

essential  health  and  safety 

conforming  to  the essential 

requirements  referred  to Article  3. 

health  and  safety  requirements 

referred  to Article  3. 

- 6 

in the absence of  harmonized 

In the absence of  harmonized 

standards, Member  States shall  take 

standards, Member  States shall 

any steps they deem necessary  to 

take any steps they deem 

bring  the attention of  the parties 

necessary  to bring  the attention 

concerned  to the existing  national 

of  the parties concerned  to the 

technical  standards and 

existing national  technical 

specifications which are  regarded 

standards and specifications 

as  important  or  relevant  to the 

which  are regarded  as  important 

proper  Implementation of  the 

or  relevant  to the proper 

essential  health  and safety 

Implementation of  the essentia! 

requirements  in Annex  I. 

health  and safety  requirements  In 

Annex  I. 

(This amendment  is applicable 

throughout) 

Article 8(2) 

2. The manufacturer  must  follow the 

2. Before placing  a  lift on the 

following procedures: 

market, the  installer  must: 

a) before placing  a  lift on the 

a) submit  a representative model 

market: 

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; 

- 7 -

- operate a full  quality assurance 

b) operate a full  quality 

system  In accordance with Annex  IX; 

assurance system  in accordance 

with Annex  IX; 

b) before the  lift  Is put  into 

c) decide to combine the placing 

service, submit  It for  acceptance 

on the market  and putting  Into 

as referred  to  In Annex VI: 

service of  the product  by 

applying Article  8(3)(b). 

- by a competent  body; or 

3. Before a  lift  Is put  Into 

service, the  Installer must 

comply with one of  the  following 

procedures: 

- by the manufacturer  himself, 

a) where  the representative model 

where he operates an approved 

of  the  lift has undergone one of 

quality assurance system which 

the procedures  referred  to in 

complies with Annex VIII or  is more 

paragraph  2, (a) or  (b), the lift 

comprehensive. 

must  be submitted  for  acceptance 

as referred  to  in Annex  VI  to one 

of the fol lowing: 

c) where the manufacturer  has opted 

- a competent  body; or 

not  to submit  a representative 

model  of  the  lift for  the EC type-

-  the  Installer  himself, where he 

examination  referred  to at  (a) 

operates an approved  quality 

above, have the acceptance  referred 

assurance  system which  complies 

to at  (b) above carried out  by a 

with Annex VIII  or  is more 

notified body  in accordance with 

comprehensive. 

the unit  verification  procedure 

referred  to  In Annex  X, 

- 8 -

d) affix  the CE mark on  the  lift 

b) where  the representative model 

and draw up a declaration of 

has not  undergone one of the 

conformity  containing  the 

procedures  referred  to in 

Information  listed  in Annex  II. 

point  2, a) or b: 

e) keep a copy of  the declaration 

-  have  the acceptance carried out 

of conformity  for at  least  ten 

by a notified body  In 

years  from  the date on which  the 

accordance with  the unit 

lift was put  Into service. 

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 

1. Each Member  State shall  notify 

the Commission  and  the other  Member 

the Commission and  the other 

States of  the bodies  responsible 

Member  States of  the bodies 

for carrying out: 

responsible for carrying out: 

-  the EC type-examinations referred 

-  the EC type-examinations 

to  In the first  Indent of 

referred  to  in the first 

Article 8(1)(a)and  the first 

indent of 

Indent of Article  8(2)(a). 

Article 8(1)(a) and 

Article  8(2)(a). 

-  the verification of  the quality 

the verification of  the quality 

assurance systems referred  to In 

assurance systems  referred  to 

the second  Indent of 

Article 8(1)(a),  the second 

In the second  Indent of 

Article 8(1)(a),  Article 

indent of Article 8(2)(a) and the 

8(2)(b),  the second  indent of 

second  Indent of Article  8(2)(b). 

Article 8(3)(a) and  the second 

indent of Article  8(3)(b). 

-  the unit  verification  referred  to 

the unit  verification  referred 

In Article  8(2)(c). 

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). 

-  10 -

The Commission  shall  publish  a  list 

The CommIssIon sha11  pub 11sh a 

of  these bodies  in the Official 

list of  these bodies  in the 

Journal  of  the European Communities 

Official  Journal  of  the European 

for  Information and shall  ensure 

Communities for  Information and 

that  the  list  Is kept up to date. 

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. 

-  11  -

3. Member  States  shall  apply  the 

2. Member  States  shall  apply  the 

criteria  laid down  In Annex  VII  in 

criteria  laid  down  in Annex  VII 

assessing  the notified bodies and 

in assessing  the notified  bodies. 

the competent  acceptance  bodies. 

Bodies meeting  the  assessment 

Bodies meeting  the  assessment 

criteria  laid down  In the 

criteria  laid down  In the  relevant 

relevant  harmonized  standards 

harmonized  standards  shall  be 

shall  be  presumed  to fulfil  those 

presumed  to  fulfil  those  criteria. 

criteria. 

4. A Member  State which  has 

3. A Member  State which  has 

notified  a body  must  withdraw  Its 

notified  a body must  withdraw  Its 

notification  If  It finds  that  the 

notification  If  it finds  that  the 

body  no  longer  meets  the  criteria 

body  no  longer  meets  the criteria 

referred  to  In Annex  VII.  It shall 

referred  to  In Annex  VII.  it 

immediately  inform  the  Commission 

shall  Immediately  Inform  the 

and  the other  Member  States 

Commission  and  the other  Member 

accordingly. 

States  accordingly. 

-  12 -

Annex  I, point  1.3, title 

1.3  Cables or chains  supporting 

1.3  Suspension mechanism 

the  load 

Annex  I, point  4.4 

Cars must  be fitted with  an 

emergency  alarm device  in 

Cars must  be fitted with a means 

of communication allowing 

communication with a permanently 

permanent  contact with a 24-hour 

occupied  place. 

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 

EN 

06 

Catalogue number : CB-CO-93-269-EN-C 

ISBN 92-77-56197-1 

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