CELEX: 51992PC0035
Language: en
Date: 1992-02-14
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to lifts

No C 62 / 4                                Official Journal of the European Communities                                   11 . 3 . 92
                                                                  II
                                                          (Preparatory Acts)
                                                     COMMISSION
              Proposal for a Council Directive on the approximation of the laws of the Member States
                                                           relating to lifts
                                                            (92/C 62/05)
                                                    COM(92) 35 final — SYN 394
                                         (Submitted by the Commission on 19 February 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             mechanical handling appliances (4), as last amended by
                                                                      Directive    88 /665 /EEC (3),      serves as a framework
                                                                      directive for two specific Directives, namely Directive
Having regard to the Treaty establishing the European                 88 / 529 / EEC and Council Directive 86 /663 / EEC of 22
Economic Community, and in particular Article 100a                    December 1986 on the approximation of the laws of the
thereof,                                                              Member States relating to self-propelled industrial
                                                                      trucks (5), repealed by Council Directive 91 / 368 / EEC of
                                                                      20 June 1991 amending Directive 89/ 392 /EEC on the
Having regard to the proposal from the Commission,                    approximation of the laws of the Member States relating
                                                                      to machinery (6) ;
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and                      Whereas the essential requirements of this Directive will
Social Committee,                                                     guarantee the intended level of safety only if appropriate
                                                                      conformity assessment procedures, chosen from among
                                                                      the provisions of Decision 90/683 /EEC (7), ensure
Whereas Member States are responsible on their territory              compliance therewith ;
for the health and safety of people and, where appro­
priate, of domestic animals ;
                                                                      Whereas the inspection of lifts does not require such
Whereas paragraphs 65 and 68 of the White Paper on                    extensive competence as is required of a notified body
the completion of the internal market, approved by the                for EC type-examination purposes ; whereas there 15 a
Council in June 1985 , provide for a new approach to the              large number of lifts throughout the Community;
approximation of laws ;                                               whereas it must be possible for initial and periodic
                                                                      inspections to be carried out by a local body, provided
                                                                      that body has the requisite competence ;
Whereas Council Directive 84 / 529/EEC of 17 September
1984 on the approximation of the laws of the Member
States relating to electrically, hydraulically or oil-elec­
trically operated lifts ('), as last amended by Directive             Whereas the CE mark should be visibly affixed to lifts
90/486/EEC (2), does not ensure freedom of movement
for all types of lifts ; whereas disparities between the              and certain safety components of lifts which meet the
binding provisions of the various national systems for                essential health and safety requirements of this Directive
                                                                      to enable them to be marketed in the case of safety
types of lifts not covered by that Directive constitute               components or installed in the case of lifts ;
barriers to trade within the Community; whereas the
national rules on lifts should therefore be harmonized ;
Whereas Council Directive 84/528 /EEC of 17 September
1984 on the approximation of the laws of the Member                   q qj ^             19 ^ 1984, p. 72.
States relating to common provisions for lifting and                  ^ qj No l          31 . 12. 1988, p. 42.
                                                                       (s) OJ No L 384, 31 . 12 . 1986 , p. 12 .
(') OJ No L 300, 19. 11 . 1984, p. 86.                                 (') OJ No L 198 , 22 . 7. 1991 , p. 16.
(2) OJ No L 270 , 2 . 10 . 1990, p. 21 .                               0 OJ No L 380, 31 . 12 . 1990, p. 13 .
 ---pagebreak--- 11 . 3 . 92                            Official Journal of the European Communities                                No C 62 / 5
Whereas this Directive defines only the general essential        3.      The Directive does not apply to :
health and safety requirements ; whereas in order to help
manufacturers prove conformity with these essential              — lifts specially designed for military purposes,
requirements it is desirable to have standards harmonized
at European level concerning the prevention of risks             — mine lifts,
arising from the design and construction of machines,
and also in order to enable conformity with the essential
requirements to be verified ; whereas such standards are         — stage lifts.
drawn up by private-law bodies and must retain their
non-binding status ; whereas for this purpose the                4. For the purposes of this Directive, 'the manu­
European Committee for Standardization (CEN) and                 facturer of a lift' means the natural or legal person
the European Committee for Electrotechnical                      responsible for installing the lift in the building and
Standardization (Cenelec) are recognized as the                  putting it into service.
competent bodies to adopt harmonized standards in
accordance with the general guidelines for cooperation
between the Commission and CEN and Cenelec signed                                           Article 2
on 13 November 1984 ; whereas a harmonized standard
within the meaning of this Directive is a technical speci­        1.     Member States shall take all appropriate measures
fication adopted by CEN and/or Cenelec on the basis of           to ensure that :
a mandate from the Commission in accordance with the
provisions of Council Directive 83 / 189/EEC of 28               — lifts covered by this Directive may be placed on the
March 1983 laying down a procedure for the provision                  market and put into service only if they are not liable
of information in the field of technical standards and
                                                                      to endanger the health or safety of persons or, where
regulations (1), as last amended by Directive                         appropriate, domestic animals, when properly
90 /230 /EEC (2), and pursuant to the abovementioned                  installed and maintained, and used for their intended
general guidelines ;                                                  purpose ,
                                                                 — safety components covered by this Directive may be
Whereas measures aimed at the gradual establishment of                placed on the market and put into service only if the
the internal market must be adopted, subject to tran­                 lifts in which they are to be installed are not liable to
sitional arrangements to enable manufacturers to bring                endanger the health or safety of persons or, where
into service lifts manufactured before the implementation             appropriate, domestic animals, when properly
of this Directive,                                                    installed and maintained, and used for their intended
                                                                      purpose .
HAS ADOPTED THIS DIRECTIVE :                                     2. The provisions of this Directive shall not affect
                                                                 Member States' entitlement to lay down such
                                                                 requirements as they may deem necessary to ensure that
                         CHAPTER I                               persons are protected when using the lifts in question,
                                                                 provided that this does not mean that the lifts are
                                                                 modified in relation to matters specified in this Directive.
Scope, placing on the market and freedom of movement
                                                                 3.      At trade fairs, exhibitions or demonstrations,
                                                                 Member States shall not prevent the showing of lifts or
                          Article 1                              safety components which do not conform to the
                                                                 Community provisions in force, provided that a visible
1 . This Directive applies to lifts permanently installed        sign clearly indicates that such lifts or safety components
in permanent buildings. It also applies to the safety            are not in conformity and are not for sale until they have
components for use in such lifts listed in Annex IV.             been brought into conformity by the manufacturer or his
                                                                 authorized representative established in the Community.
                                                                 During demonstrations, adequate safety measures shall
2 . For the purposes of this Directive, 'lift' means a           be taken to ensure the protection of persons .
lifting appliance serving specific levels having a car
designed for the transport of persons or of persons and                                     Article 3
goods, moving between guides which are vertical or
inclined at an angle of less than 15° to the vertical.            Lifts covered by this Directive must satisfy the essential
                                                                 health and safety requirements set out in Annex I.
                                                                 The safety components covered by this Directive must
o OJ No L 109, 26. 4. 1983 , p. 8 .                               enable the lifts in which they are installed to satisfy the
O OJ No L 128 , 18 . 5 . 1990 , p. 5 .                            said essential requirements with respect to them.
 ---pagebreak--- No C 62 / 6                            Official Journal of the European Communities                                 11 . 3 . 92
                          Article 4                              requirements referred to in Article 3 , the Commission or
                                                                 the Member State concerned shall bring the matter
Member States shall not prohibit, restrict or impede, for        before the committee set up under Directive
reasons connected with the essential health and safety           83/ 189/EEC, giving the reasons therefor. The
requirements referred to in Article 3, the placing on the        committee shall deliver an opinion without delay.
market or putting into service on their territory of lifts or
safety components which comply with the provisions of
this Directive .                                                 Upon      receipt   of    the    committee's opinion,      the
                                                                 Commission shall inform the Member States whether or
                                                                 not it is necessary to withdraw those standards from the
                          Article 5                              published information referred to in Article 5 (2).
1 . Member States shall regard lifts and safety
components bearing the CE mark and accompanied by                2 . Any question regarding the implementation and
the EC declaration of conformity referred to in Annex II         practical application of this Directive may be brought
as conforming to the essential health and safety                 before the standing committee set up by Article 6 (2) of
requirements referred to in Article 3 .                          Directive 89 / 392 /EEC ('), in accordance with the
                                                                 procedure set out below.
In the absence of harmonized standards, Member States            The representative of the Commission shall submit to the
shall take any steps they deem necessary to bring the            committee a draft of the measures to be taken . The
attention of the parties concerned to the existing national      committee shall deliver its opinion on the draft, within a
technical standards and specifications which are regarded        time limit which the chairman may lay down according
as important or relevant to the proper implementation of         to the urgency of the matter, if necessary by taking a
the essential health and safety requirements in Annex I.         vote .
2 . Where a national standard transposing a                      The opinion shall be recorded in the minutes ; in
harmonized standard, the reference for which has been            addition, each Member State shall have the right to ask
published in the Official Journal of the European                to have its position recorded in the minutes .
 Communities, covers one or more of the essential health
and safety requirements :                                        The Commission shall take the utmost account of the
                                                                 opinion delivered by the committee . It shall inform the
— lifts constructed in accordance with that standard
                                                                 committee of the manner in which its opinion has been
                                                                 taken into account.
    shall be presumed to comply with the relevant
    essential requirements,
                                                                                             Article 7
    and                                                           1 . Where a Member State ascertains that lifts or safety
                                                                 components bearing the CE mark and used in
                                                                 accordance with their intended purpose are liable to
— safety components constructed in accordance with               endanger the safety of persons, and, where appropriate,
    that standard shall be presumed suitable to enable a         domestic animals, it shall take all appropriate measures
    lift on which they are correctly installed to comply         to prohibit and withdraw such lifts or safety components
    with the relevant essential requirements .                   from the market, to prohibit the putting into service
                                                                 thereof, or restrict the free movement thereof.
Member States shall publish the reference of national
standards transposing harmonized standards.                      The Member State shall immediately inform the
                                                                 Commission of any such measure, indicating the reasons
                                                                 for its decision and, in particular, whether
                                                                 non-conformity is due to :
3 . Member States shall ensure that appropriate
measures are taken to enable the two sides of industry to
have an influence at national level on the process of             (a) failure to satisfy the essential requirements referred
preparing and monitoring the harmonized standards.                    to in Article 3 ;
                                                                  (b) incorrect application of the standards referred to in
                          Article 6                                   Article 5 (2);
 1.   Where a Member State or the Commission
considers that the harmonized standards referred to in
Article 5 (2) do not entirely satisfy the essential               O OJ No L 183 , 29 . 6 . 1989 , p. 9.
 ---pagebreak---   11 . 3 . 92                             Official Journal of the European Communities                               No C 62 / 7
 (c) shortcomings in the standards referred to in Article 5          2.    The manufacturer must follow the following
        (2) themselves .                                             procedures :
                                                                     (a) before placing a lift on the market,
 These measures are applicable until the entry into force
 of the act provided for in paragraph 2.
                                                                          — submit a representative model of the lift for an
                                                                             EC type-examination in accordance with Annex
 2 . The measures adopted under paragraph 1 shall be                         V, or
 confirmed and extended, possibly in amended form, to
 the whole Community, or repealed, by an act of the                      — operate a full quality assurance system in
 Commission .
                                                                             accordance with Annex IX ;
Where the decision referred to in paragraph 1 is based               (b) before the lift is put into service, submit it for
on a shortcoming in the standards, the Commission shall                  acceptance as referred to in Annex VI :
bring the matter before the committee referred to in
Article 6 ( 1 ).                                                         — by a competent body, or
 3 . Where a lift or safety component which does not                     — by the manufacturer himself, where he operates
comply bears the CE mark, the competent Member State                         an approved quality assurance system which
shall take appropriate action against whomsoever has                         complies with Annex VIII or is more compre­
affixed the mark and shall so inform the Commission                          hensive ;
and the other Member States .
                                                                    (c) where the manufacturer has opted not to submit a
                                                                         representative model of the lift for the EC type­
4.       The Commission shall ensure that the Member                     examination referred to at (a) above, have the
States are kept informed of the progress and outcome of                  acceptance referred to at (b) above carried out by a
the procedure .                                                          notified body in accordance with the unit verification
                                                                         procedure referred to in Annex X ;
                          CHAPTER II                                (d) affix the CE mark on the lift and draw up a
                                                                         declaration of conformity, containing the infor­
                                                                         mation listed in Annex II ;
                Conformity assessment procedure
                                                                    (e) keep a copy of the certificate of conformity for at
                            Article 8                                    least 10 years after the date on which the lift was put
                                                                         into service.
1.       Before placing safety components listed in Annex
IV on the market, the manufacturer, or his authorized
representative in the Community, must :                                                        Article 9
                                                                    1 . Each Member State shall notify the Commission
(a) — submit the model for an EC type-examination in                and the other Member States of the bodies responsible
            accordance with Annex V and take all measures           for carrying out :
            necessary to ensure that the components
            produced using the manufacturing process in             — the EC type-examinations referred to in the first
            question conform to the type described in the EC            indent of Article 8 ( 1 ) (a) and the first indent of
            type-examination certificate, or                            Article 8 (2) (a),
       — operate a full quality assurance system in                 — the verification of the quality assurance systems
            accordance with Annex IX ;                                  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),
(b) affix the CE mark on each item and draw up a
       declaration of conformity, containing the infor­
       mation listed in Annex II ;                                  — the unit verification referred to in Article 8 (2) (c).
(c) keep a copy of the certificate of conformity for at             The Commission shall publish a list of these bodies in the
       least 10 years after the date on which the product           Official Journal of the European Communities for infor­
      was last manufactured .                                       mation and shall ensure that the list is kept up to date.
 ---pagebreak--- No C 62 / 8                           Official Journal of the European Communities                                 11 . 3 . 92
2 . Each Member State shall draw up and update the                                      CHAPTER IV
list of competent bodies responsible for the acceptance                                Final provisions
referred to in the first indent of Article 8 (2) (b).
                                                                                          Article 11
These bodies may be different from those referred to in         Any decision taken pursuant to this Directive which
paragraph 1 .                                                   restricts the placing on the market and/or putting into
                                                                service of lifts or safety components shall state the exact
                                                                grounds on which it is based. Such a decision shall be
The Commission, the other Member States and any                 notified as soon as possible to the party concerned, who
interested natural or legal person may, on request,             shall at the same time be informed of the legal remedies
                                                                available to him under the laws in force in the Member
receive a copy of that list.
                                                                State concerned and of the time limits to which such
                                                                remedies are subject.
3 . Member States shall apply the criteria laid down in
Annex VII in assessing the notified bodies and the                                        Article 12
competent acceptance bodies. Bodies meeting the                 The Commission will take the necessary steps to have
assessment criteria laid down in the relevant harmonized
                                                                information on all the relevant decisions relating to the
standards shall be presumed to fulfil those criteria.           application of this Directive made available.
                                                                                          Article 13
4 . A Member State which has notified a body must
withdraw its notification if it finds that the body no          Directives 84/528 /EEC and 84/ 529/EEC are hereby
longer meets the criteria referred to in Annex VII. It          repealed with effect from 1 January 1998 .
shall immediately inform the Commission and the other
Member States accordingly.                                                                Article 14
                                                                1 . Member States shall adopt and publish the laws,
                                                                regulations and administrative provisions necessary to
                       CHAPTER III
                                                                comply with this Directive by 1 January 1994 at the
                                                                latest. They shall forthwith inform the Commission
                                                                thereof.
                          CE mark
                                                                When the Member States adopt those provisions, these
                                                                shall contain a reference to this Directive or shall be
                         Article 10
                                                                accompanied by such reference at the time of their
1.     The CE mark shall consist of the CE symbol               official publication. The procedure for such reference
followed by the last two digits of the year in which the        shall be adopted by Member States .
mark was affixed .
                                                                The Member States shall apply those provisions with
                                                                effect from 1 January 1995 .
Annex III sets out the model to be used.
                                                                2.    Until 31 December 1997 , Member States shall
                                                                allow the placing on the market and putting into service
                                                                of lifts or safety components which conform to the
2.     The CE mark shall be affixed to every lift car           provisions in force in their territories at the date of
distinctly and visibly in accordance with point 6 of            adoption of this Directive.
Annex I, and shall be affixed on the safety components
listed in Annex IV or, where this is not possible, on the       3.     Member States shall ensure that the texts of the
packaging or on a label attached to the safety                  provisions of national law which they adopt in the field
component.                                                      covered by this Directive are communicated to the
                                                                Commission .
3 . No marks, signs or indications liable to be confused                                  Article 15
with the CE mark in meaning or design shall be affixed
to lifts or safety components .                                 This Directive is addressed to the Member States .
 ---pagebreak--- 11 . 3 . 92                              Official Journal of the European Communities                                       No C 62 / 9
                                                               ANNEX I
            ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND
                                                   CONSTRUCTION OF LIFTS
            1.      GENERAL
            1.1 .   Application of Directive 89/392/EEC
                    Where the relevant hazard exists, the essential health and safety requirements of Annex I to
                    Directive 89/ 392/EEC shall apply.
            1.2 .   Car
                    The car must be designed and constructed to offer the space and strength corresponding to the
                    maximum number of persons and the rated load of the lift set by the manufacturer.
                    In the case of lifts intended for the transport of disabled persons in a wheelchair, the car must be
                    designed and constructed accordingly, particularly as regards dimensions and access.
            1.3 .   Cables or chains supporting the load
                    The working coefficient, as defined in point 4.1.1 of Annex I to Directive 89/392/EEC, of the
                    suspension devices and their terminal parts supporting the car, taken as a whole, must be chosen so
                    as to ensure an adequate level of safety taking into account the conditions of use, the materials used
                    and the conditions of manufacture . The indicative reference value of this coefficient is 10 for steel
                    cables and chains .
                    There must be at least two independent cables or chains. Each independent cable or chain must
                    have its own anchorage system. Support cables must have no joins or splices except where necessary
                    for fixing or forming a loop.
            1 .4 .  Control of loading
            1.4.1 . Lifts must be so designed, constructed and installed as to prevent movement when the rated load is
                    exceeded .
            1.4.2 . Lifts must be equipped with an overspeed detection device and, where the operating speed exceeds
                    6 m/s, a speed-monitoring and -limiting device.
                    This requirement shall not apply to lifts the design of which prevents excess speed, e. g. screw lifts.
            1.4.3 . Lifts driven by friction pulleys must be equipped with a control device which can detect cable
                    slippage exceeding the value fixed by the manufacturer.
            1.5 .   Machinery
            1.5.1 . All passenger lifts must have their own individual drive systems. This requirement does not concern
                    control circuits .
            1.5.2 . The drive system of a lift must be accessible only to authorized persons.
            1.5.3 . The controls located in the cars of lifts intended for use by unaccompanied disabled persons must
                    be located accordingly.
 ---pagebreak--- No C 62 / 10                              Official Journal of the European Communities                                    11 . 3 . 92
             1.5.4. The function of the controls must be clearly indicated.
             2.     HAZARDS TO PERSONS OUTSIDE THE CAR
             2.1 .  The space in which the car travels during normal service must be inaccessible to persons.
             2.2 .  There must be sufficient free space, beyond the possible extreme positions of the car, to allow a
                    person to avoid being crushed when the car is in one of those positions.
             2.3 .  The landings at the entrance and exit of the car must be equipped with landing doors of suitable
                    mechanical resistance for the conditions of use envisaged by the manufacturer.
                    A locking device must prevent during normal operation :
                    — movement of the car, whether or not requested, unless all the landing doors are shut and
                        locked, however, levelling movements with the doors open shall be authorized in specified zones
                        on condition that the levelling speed is controlled,
                    — the opening of a landing door when the car is not within the zone where opening is authorized.
             3.     HAZARDS TO PERSONS IN THE CAR
             3.1 .  Lift cars must be completely enclosed by full-length walls and equipped with full-length doors .
                    These doors must be so designed and installed that the car cannot move, except for the levelling
                    movements referred to in the first indent of point 2.3, unless the doors are closed, and comes to a
                    halt if the doors are opened.
             3.2 .  The car must be equipped with a device which is independent of the suspension devices and the
                    circuit controlling the movements and designed automatically to prevent its free fall or uncontrolled
                    ascent as a result of a cut in the energy supply or the failure of a component.
                    This device must be able to stop the car at its rated load and at the maximum speed anticipated by
                    the manufacturer, without causing deceleration harmful to the occupants.
             3.3 .  These base of the wells of lifts the car and/or the counterweight of which are suspended on cables
                    or chains must be equipped with buffers in case the car goes beyond the normal limit position.
                    In this case, the free space referred to in point 2.2 must be measured with the buffers totally
                    compressed.
             3.4 .  Lifts must be so designed and built as not to be able to be set in motion unless the device provided
                    for in point 3.2 is in working order.
             4.     OTHER HAZARDS
             4. 1 . The landing doors and car doors must be fitted with a device to prevent the risk of crushing when
                    they are moving.
             4.2.   Counterweights must be so installed as to avoid any risk of colliding with or failing onto the car.
 ---pagebreak--- 11 . 3 . 92                                Official Journal of the European Communities                                       No C 62 / 11
            4.3 .  Lifts must be equipped with means appropriate to the lift and/or its installation for releasing and
                   evacuating people trapped in the car.
                   If the lift is designed to allow people trapped in the car to escape without outside help, the relevant
                   instructions must be clear and visible in the car.
            4.4 .  Cars must be fitted with an emergency alarm device in communication with a permanently occupied
                   place.
            4.5 .  The construction materials used in lifts must comply with the technical specifications of Directive
                   89/ 106/EEC (l), and in particular point 2 of Annex I thereto.
            4.6.   Lifts must be so designed and constructed that, in the event of an abnormal temperature rise in the
                   machinery, they can complete movements in progress but refuse new commands.
            4.7 .  Cars must be designed and constructed to ensure sufficient ventilation for passengers, even in the
                   event of a prolonged stoppage.
            5.     RELATIONS WITH THE BUILDING WORKS SUPERVISOR
                   On accepting an order for a lift, the manufacturer must reach agreement with the building works
                   supervisor on the following points :
            5.1 .  The manufacturer must inform the works supervisor and obtain his agreement concerning the total
                   free space necessary for the installation of the lift in compliance with the requirement of point 2.2
                   and such that the car and the counterweight can move without any risk of collision between them
                   or between one of them and the fixed parts, having regard to possible oscillations.
            5.2 .  The manufacturer must inform the works supervisor and obtain his agreement concerning the
                   stresses which will be placed on the building as a result of the installation of the lift and their points
                   of application .
            5.3 .  In order to comply with point 4.4, the manufacturer must enquire about the use to which the
                   building is to be put and whether or not it will be permanently occupied. He must inform the works
                   supervisor of the type of emergency device selected and obtain his agreement.
            5.4 .  The manufacturer must inform the works supervisor that the lift well must not contain any piping
                   or wiring other than that necessary for the operation and safety of the lift ; the manufacturer must
                   check when the lift is installed that this condition is met.
            5.5 .  The lift manufacturer must enquire of the works supervisor as to the rules applying to the building
                   as regards the risks of spread of fire. Depending on the use to which the building is to be put and
                   the solutions which the works supervisor has himself planned (e.g. insulation of the lift hall by
                   means of fire doors), the lift manufacturer must reach agreement with him on the classes of landing
                   doors to be used. These classes are defined in the document 'Safety in case of fire', which interprets
                   the provisions of Directive 89/ 106/EEC.
            6.     MARKING
                   In addition to the minimum particulars required for any machine pursuant to point 1.7.3 of Annex I
                   to Directive 89/392/EEC, each car must bear an easily visible plate clearly showing the rated load
                   in kilograms and the maximum number of passengers which may be carried.
            (') OJ No L 40, 11 . 2 . 1989, p. 12 .
 ---pagebreak--- No C 62 / 12                                  Official Journal of the European Communities                                       11 . 3 . 92
             7.        INSTRUCTIONS FOR USE
             7.1 .     The safety components referred to in Annex IV must be accompanied by instructions drawn up in
                       the language of the country of the lift installer or another Community language acceptable to him,
                       so that :
                       — assembly,
                       — connection,
                       — adjustment, and
                       — maintenance
                       can be carried out effectively and without danger.
             7.2 .     Each lift must be accompanied by instructions drawn up in the language of the country in which it
                       is installed . The instructions shall contain at least :
                       — a notice containing the plans and diagrams necessary for normal use and relating to main­
                            tenance, inspection, repair, periodic checks and the rescue referred to at point 4.3,
                       — a log-book in which the user will have repairs and, where appropriate, periodic checks noted.
                            The first check upon entry into service referred to in Article 8 (2) (b) and (c) shall also be noted
                            in the log-book.
                                                                    ANNEX II
                                      CONTENTS OF THE EC DECLARATION OF CONFORMITY
             The EC declaration of conformity must contain the following information :
             A. Safety components
                   Name and address of the manufacturer and, where appropriate, his authorized representatives estab­
                   lished in the Community,
                   Description of the safety component, details of type and serial number.
                   Name and address of the notified body and particulars of the EC type-approval certificate or the
                   approval of the quality assurance system referred to in the second indent of Article 8 ( 1 ) (a),
                   Identity of the person signing.
             B. Lifts
                   name and address of the manufacturer.
                   Description of the lift, details of type and serial number.
                  As appropriate :
                  — name and address of the competent body which has carried out type-approval as referred to in the
                       first indent of Article 8 (2) (b),
                       or
                   — name and address of the notified body which :
 ---pagebreak--- 11 . 3 . 92                                Official Journal of the European Communities                                No C 62 / 13
                     — has approved the quality assurance system referred to in the second indent of Article 8 (2) (a)
                         and the second indent of Article 8 (2) (b),
                    — has carried out the unit verification referred to in Article 8 (2) (c).
                 Identity of the person signing.
                                                              ANNEX III
                                                               CE MARK
            The CE mark shall consist of the CE symbol followed by the last two digits of the year in which the mark
            was affixed, as depicted below.
                                                      C€
            The various elements of the mark must have the same vertical dimension, which may not be less than
            5 mm .
                                                              ANNEX IV
                     LIST OF COMPONENTS REFERRED TO IN ARTICLE 1 ( 1 ) AND ARTICLE 8 ( 1 )
            1 . Devices for locking landing doors .
            2 . Devices to prevent falls .
            3 . Overspeed detection devices.
            4 . Energy-accumulating shock absorbers with damping of the return movement and energy-dissipating
                shock absorbers .
            5 . Cables or chains used to suspend the car and their attachment parts.
            6 . Safety components used in the hydraulic power circuits :
                — safety devices fitted to jacks where these are used as devices to prevent falls,
                — hoses .
            7 . Friction pulley packing material.
 ---pagebreak--- No C 62 / 14                                Official Journal of the European Communities                                    11 . 3 . 92
                                                                  ANNEX V
                               EC TYPE-EXAMINATION OF SAFETY COMPONENTS OR OF LIFTS
                                   (Module B of Council Decision 90/683/EEC of 13 December 1990)
             1 . EC type-examination is the procedure whereby a notified body ascertains and certifies, case by case :
                 — that a representative specimen of a component will permit the lift to which it is correctly fitted to
                     satisfy the relevant requirements of this Directive,
                 — that a representative specimen of a lift satisfies the requirements of this Directive.
             2 . The application for EC type-examination must be lodged by the manufacturer of the safety component
                 or lift or his authorized representative established in the Community, with a notified body of his choice.
                 The application must include :
                 — the name and address of the manufacturer and, where appropriate, his authorized representative,
                     and the place of manufacture of the safety components or lift,
                 — a written declaration that the same application has not been lodged with any other notified body,
                 — a technical dossier,
                 — a representative specimen of the product or details of the place where it can be examined. The
                     notified body may make reasoned requests for further specimens. In the case of lifts, the represen­
                     tative specimen submitted for examination must include the terminal parts and be capable of serving
                     at least two levels .
             3 . The technical dossier must allow an understanding of the design and operation of the safety component
                 or lift and an assessment of the conformity of the lift, or the suitability of the safety component to
                 enable the lift to conform with the provisions of this Directive.
                 In so far as is necessary for assessment purposes, the technical dossier should include the following :
                 — a general description of the type ; a type of lift may cover a number of variants ; the dossier should
                     indicate clearly all possible extensions to the type under examination,
                 — design and manufacturing drawings or diagrams,
                 — essential requirement(s) taken into consideration and the means adopted to satisfy them (for
                     example, a harmonized standard),
                 — results of any tests or calculations performed or subcontracted by the manufacturer,
                 — a copy of the assembly instructions for safety components or a copy of the instruction manual for a
                     lift,
                 — steps taken at the manufacturing stage to ensure that the series-produced safety components
                     conform to the safety component examined or that the series-produced lift conforms to the
                     provisions of the Directive.
             4 . The notified body must :
                 — examine the technical dossier to assess how far it can meet the desired aims,
                 — examine the safety component or lift to check that it has been manufactured in accordance with the
                     technical dossier,
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                — perform or have performed appropriate examinations, calculations and tests to check that the
                    solutions adopted by the manufacturer allow the safety component to carry out its function or the
                    lift to meet the essential health and safety requirements of the Directive.
            5 . If the representative specimen complies with the provisions applicable to it, the notified body must issue
                an EC type-examination certificate to the applicant. The certificate must contain the name and address
                of the manufacturer, the conclusions of the examination, any conditions of validity of the certificate and
                the particulars necessary to identify the approved type.
                If the notified body refuses to issue a type-examination certificate to the manufacturer, it must state the
                detailed grounds for refusal. Provision must be made for an appeal procedure.
                The Commission, the Member States and the other notified bodies may obtain a copy of the certificate
                and, on a reasoned request, a copy of the technical dossier and reports of examinations, calculations
                and tests carried out.
            6 . The manufacturer or his authorized representative established in the Community must inform the
                notified body of any alterations, even of a minor nature, which he has made or plans to make to the
                approved safety component or lift, including new extensions or variants not specified in the original
                technical dossier (see the first indent of point 3 above). The notified body must examine the changes
                and inform the applicant whether the EC type-examination certificate remains valid.
            7 . Each notified body must regularly publish the relevant information concerning :
                — EC type-examination applications received,
                — EC type-examination certificates issued,
                — EC type-examination certificates withdrawn.
            8 . EC type-examination certificates and the dossiers and correspondence relating to EC type-examination
                procedures must be drawn up in an official language of the Member State where the notified body is
                established or in a language acceptable to it.
            9. The manufacturer or his authorized representative established in the Community must keep with the
                technical documentation copies of EC type-examination certificates and their additions for a period
                ending no sooner than 10 years after the last product has been manufactured.
                Where neither the manufacturer of a safety component nor his authorized representative is established
                in the Community, the obligation to keep the technical documentation available falls to the person who
                places the safety component on the Community market.
                                                                ANNEX VI
                                                       ACCEPTANCE OF LIFTS
            1 . Acceptance is the procedure by which a competent body, or the manufacturer, if he operates a quality
                assurance system as referred to in Article 8 (2) (b) and in Annex VIII, verifies and certifies that a lift put
                into service conforms to the model.
                The competent body or the manufacturer must complete the corresponding pages of the logbook
                referred to in point 7.2 of Annex I and the manufacturer must affix the CE mark.
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             2. The competent body or the manufacturer's quality assurance department, as appropriate, must receive
                  documentation which includes :
                  — an overall drawing of the lift,
                  — plans and diagrams necessary for the verification in particular of the control circuits,
                  — a copy of the instruction manual referred to in point 7.2 of Annex I.
                  The competent body may require detailed drawings or information only where required to verify the
                  conformity of the machine to the model presented for EC type-examination.
             3 . The competent body or the manufacturer's quality assurance department, as appropriate, must carry out
                  the verification in accordance with the procedures defined in the harmonized standards, or failing this in
                  accordance with the following procedures :
                  (a) examination of the documentation to check that the lift conforms to the model approved in
                       accordance with Annex V or the model designed by the manufacturer who operates full quality
                       assurance (Annex IX) ;
                  (b) — no-load operation of the lift to ensure that the safety devices (limit switches, locking devices,
                           etc.) have been correctly fitted and are in good working order,
                      — operation of the lift at maximum load to check that the safety devices operate correctly in the
                           event of a power failure,
                      — static testing with a load equal to 1,25 times the rated load.
                      The rates load is the load referred to in point 6 of Annex I.
                  Following these tests, the competent body or the manufacturer's quality assurance department, as appro­
                  priate, must ensure that no distortion or deterioration liable to jeopardize the use of the lift has
                  occurred .
             4. The dossiers and correspondence relating to acceptance procedures must be drawn up in an official
                  language of the Member State where the lift is installed or in a language acceptable to the competent
                 body.
             5 . The competent body or the manufacturer's quality assurance department, as appropriate, must draw up
                  an acceptance report and attach it to the dossier referred to at 4 above.
                 "Where the acceptance is carried out by the manufacturer's quality assurance department, the report
                 must give the name and address of the notified body which approved the quality assurance system.
                                                                 ANNEX VII
             MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE
                      NOTIFICATION OF BODIES OR THE DESIGNATION OF ACCEPTANCE BODIES
             1 . The body, its director and the staff responsible for carrying out the examination and acceptance may
                 not be the designer, manufacturer, supplier or installer of safety components or lifts which they inspect,
                 nor the authorized representative of any of these parties. They may not become involved either directly
                 or as authorized representatives in the design, construction, marketing or maintenance of the machinery.
                 This does not preclude the possibility of exchanges of technical information between the manufacturer
                 and the body.
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            2 . The body and its staff must carry out the examination and acceptance operations with the highest
                 degree of professional integrity and technical competence and must be free from all pressures and
                 inducements, particularly financial, which might influence their judgment or the results of the
                 inspection, especially from persons or groups of persons with an interest in the result of verifications.
            3 . The body must have at its disposal the necessary staff and possess the necessary facilities to enable it to
                 perform properly the technical and administrative tasks connected with examination or acceptance, as
                 the case may be ; it must also have access to the equipment required for special verification.
            4 . The staff responsible for inspection must have :
                — sound technical and professional training,
                — satisfactory knowledge of the tests they carry out and adequate experience of such tests,
                — the ability to draw up the certificates, records and reports required to authenticate the performance
                      of the tests .
            5 . The impartiality of the inspection staff must be guaranteed. Their remuneration must not depend on the
                 number of tests carried out or on the results of such tests .
            6. The body must take out liability insurance unless its liability is assumed by the State in accordance with
                 national law, or the Member State itself is directly responsible for the tests.
            7 . The staff of the body must be bound to observe professional secrecy with regard to all information
                gained in carrying out its tasks (except vis-a-vis the competent administrative authorities of the State in
                which its activities are carried out) under this Directive or any provision of national law giving effect to
                 it .
                                                              ANNEX VIII
                                                  PRODUCT QUALITY ASSURANCE
                                     (Module E of Council Decision 90/683/EEC of 13 December 1990)
            1.        The manufacturer must operate an approved quality system for final inspection and testing as
                      specified in point 2 and must be subject to EC surveillance by a notified body as specified in point 3 .
            2.        Quality system
            2.1 .     The manufacturer must lodge an application for assessment of his quality system with a notified
                      body.
                      The application must include :
                      — all relevant information on the lifts planned for manufacture,
                      — documentation on the quality system,
                      — the technical documentation on the approved type of lift and a copy of the EC type-examination
                          certificate .
            2.2 .     Application of the quality system must guarantee the conformity of lifts to the applicable provisions
                      of the Directive.
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                   All the elements, requirements and provisions adopted by the manufacturer for his quality system
                   must be documented in a systematic and orderly manner in the form of written procedures and
                   instructions. This quality system documentation must ensure a common understanding of the quality
                   policy and procedures such as quality programmes, quality plans, quality manuals and quality
                   records .
                   It must contain in particular an adequate description of :
                   (a) the manufacturer's quality objectives ;
                   (b) the organization of the firm, notably its organizational structures, the responsibilities of the
                        management and their powers regarding the quality of the manufacture of lifts ;
                   (c) the examinations and tests that will be carried out after assembly;
                   (d) the means of monitoring the effective operation of the quality system ;
                   (e) quality records, such as inspection reports and test data, reports on the qualification of the
                       personnel concerned, etc.
             2.3 . The notified body must assess the quality system to determine whether it satisfies the requirements
                   referred to in point 2.2 . It must presume conformity with these requirements in respect of quality
                   systems that implement the relevant harmonized standard. This harmonized standard will be EN
                   29002, supplemented, where necessary, to take account of the specific features of lifts.
                   The team responsible for assessment must include at least one member who has already carried out
                   an assessment in the field of lifts. The assessment procedure shall include at least one visit to the
                   manufacturer's premises .
                   The decision must be notified to the manufacturer within two months of the last visit. The notifi­
                   cation must contain the conclusions of the examination and the reasoned decision .
             2.4 . The manufacturer or his authorized representative established in the Community must inform the
                   notified body which approved the quality system of any plans to adapt it.
                   The notified body must evaluate the modifications proposed and decide whether the quality system
                   so altered would still satisfy the requirements referred to in point 2.2 .
                   The decision must be notified to the manufacturer or his authorized representative established in the
                   Community not more than two months after receipt of the information. It must contain the
                   conclusions of the inspection and a reasoned decision.
             3.    EC surveillance
             3.1 . The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising
                   out of the approved quality system.
             3.2 . The manufacturer must allow the notified body to carry out all the necessary inspections and must
                   provide it with all appropriate information, notably :
                   — the quality system documentation,
                   — the records provided for in the quality system, such as inspection reports, test results, calibration
                       data, reports on the qualifications of the personnel concerned, etc.
             3.3 . The notified body must periodically carry out appropriate inspections and assessments to ensure that
                   the manufacturer applies the quality system.
                   The notified body may pay unexpected visits to the manufacturer. After each visit the notified body
                   must provide the manufacturer with an inspection report.
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            4.    The manufacturer shall make available to the national authorities for a period of at least 10 years
                  from the last date on which a lift is manufactured under the arrangements referred to in the second
                  indent of Article 8 (2) (b) :
                  — the documentation referred to in the third indent of the second paragraph of point 2.1 ,
                  — the adaptations referred to in point 2.4,
                  — the reports of the notified body referred to in the second paragraph of point 3.3 .
            5.    The notified body must periodically publish the relevant information concerning approvals of
                  quality systems granted and withdrawn.
                                                            ANNEX IX
                                                 FULL QUALITY ASSURANCE
                               (Module H of Council Decision 90/683/EEC of 13 December 1990)
            1.    The manufacturer must operate an approved quality assurance system for design, manufacture and
                  final product inspection and testing as specified in point 2 and must be subject to surveillance as
                  specified in point 3.
            2.    Quality system
            2.1 . The manufacturer must lodge an application for assessment of his quality system with a notified
                  body.
                  The application must include :
                  — all relevant information on the safety components or lifts, as the case may be, the manufacture
                      of which is envisaged,
                  — the quality system documentation.
            2.2 . Application of the quality system must ensure that lifts comply with the provisions of the Directive
                  that apply to them that safety components enable the lifts to which they are fitted comply with those
                  provisions .
                  All the elements, requirements and provisions adopted by the manufacturer must be documented in
                  a systematic and orderly manner in the form of written measures, procedures and instructions. This
                  quality system documentation must ensure a common understanding of the quality policies and
                  procedures such as quality programmes, plans, manual and records.
                  It must contain in particular an adequate description of:
                  — the quality objectives and the organizational structure, responsibilities and powers of the
                      management with regard to design and product quality,
                  — the technical design specifications, including standards, that will be applied and, where the
                      standards will not be applied in full, the means that will be used to ensure that the essential
                      requirements of the Directive that apply to the products will be met,
                  — the design control and design verification techniques, processes and systematic actions that will
                      be used when designing the safety components of lifts, as the case may be,
                  — the corresponding manufacturing, quality control and quality assurance techniques, processes
                      and systematic actions that will be used,
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                         — the examinations and tests that will be carried out before, during and after manufacture, and the
                              frequency with which they will be carried out,
                         — the quality records, such as inspection reports and test data, calibration data, reports on the
                              qualification of the personnel concerned, etc.,
                         — the means of monitoring the achievement of the required design and product quality and the
                              effective operation of the quality system.
             2.3 .       The notified body must assess the quality system to determine whether it satisfies the requirements
                         referred to in point 2.2. It must presume compliance with these requirements in respect of quality
                         systems that implement the relevant harmonized standard (').
                         The auditing team must have at least one member experienced as an assessor of lifting appliances .
                         The evaluation procedure must include an assessment visit to the manufacturer's premises .
                         The decision must be notified to the manufacturer. The notification must contain the conclusions of
                         the examination and the reasoned assessment decision .
             2.4 .       The manufacturer must undertake to fulfil the obligations arising out of the quality system as
                         approved and to uphold it so that it remains adequate and efficient.
                         The manufacturer or his authorized representative must keep the notified body that has approved
                         the quality system informed of any intended updating of the quality system.
                         The notified body must evaluate the modifications proposed and decide whether the amended
                         quality system will still satisfy the requirements referred to in point 2.2 or whether a re-assessment is
                         required.
                         It must notify its decision to the manufacturer. The notification must contain the conclusions of the
                         examination and the reasoned assessment decision.
             3.          EC surveillance under the responsibility of the notified body
             3.1 .       The purpose of surveillance is to make sure that the manufacturer duty fulfils the obligations arising
                         out of the approved quality system .
             3.2 .       The manufacturer must allow the notified body entrance for inspection purposes to the locations of
                         design, manufacture, inspection and testing, and storage, and must provide it with all necessary
                         information, in particular :
                         — the quality system documentation,
                         — the quality records as foreseen by the design part of the quality system, such as results of
                              analyses, calculations, tests, etc.,
                         — the quality records as foreseen by the manufacturing part of the quality system, such as
                              inspection reports and test data, calibration data, reports on the qualifications of the personnel
                              concerned, etc.
             3.3 .       The notified body must periodically carry out audits to make sure that the manufacturer maintains
                         and applies the quality system and must provide an audit report to the manufacturer.
             3.4.        Additionally the notified body may pay unexpected visits to the manufacturer. At the time of such
                         visits, the notified body may carry out tests or have them carried out in order to check the proper
                         functioning of the quality system where necessary; it must provide the manufacturer with a visit
                         report and, if a test has been carried out, with a test report.
             (') This harmonized standard shall be EN 29 001 , supplemented if necessary to take account of the specific features of
                 lifts .
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            4.       The manufacturer must, for a period of at least 10 years after the last product has been manu­
                     factured, keep at the disposal of the national authorities :
                     — the documentation referred to in the second indent of the second subparagraph of point 2.1 ,
                     — the updating referred to in the second subparagraph of point 2.4,
                     — the decisions and reports from the notified body which are referred to in the final subparagraph
                         of point 2.4, point 4.3 and point 4.4.
            5.       Each notified body shall forward to the other notified bodies the relevant information concerning
                     the quality system approvals issued and withdrawn.
                                                                ANNEX X
                                                         UNIT VERIFICATION
                                 (Module G of Council Decision 90/683/EEC of 13 December 1990)
            1 . Unit verification is the procedure whereby a notified body verifies and certifies that a lift which has been
                put into service complies with the requirements of the Directive.
                The notified body fills in the corresponding pages of the log-book referred to in point 7.2 of Annex I.
            2 . The lift manufacturer shall apply to a notified body of his choice for unit verification.
                The application shall contain :
                — the name and address of the manufacturer, and the location where the lift is installed,
                — a written declaration to the effect that a similar application has not been lodged with another
                    notified body,
                — a technical dossier.
            3 . The technical dossier must enable the design and operation of the lift to be understood and the
                conformity of the lift with the requirements of this Directive to be assessed.
                So far as relevant for assessment, the technical dossier shall contain the following :
                — a general description of the lift,
                — design and manufacturing drawings and diagrams,
                — the essential requirements in question and the solution adopted to meet them (for example,
                    harmonized standard),
                — where appropriate, the results of any tests or calculations carried out or subcontracted by the manu­
                    facturer,
                — a copy of the instructions for use of the lift,
                — a copy of the EC type examination certificates of the safety components used.
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            4 . The notified body shall examine the dossier and the lift and carry out the appropriate tests as set out in
                the relevant standard(s) referred to in Article 5, or equivalent tests, to ensure its conformity with the
                requirements of this Directive.
                If the lift meets the requirements of this Directive, the notified body shall issue a certificate of
                conformity and cause its identification symbol to be affixed adjacent to the CE mark in accordance with
                Annex III .
                If the notified body refuses to issue the certificate of conformity, it must state in detail its reasons for
                refusing and indicate how conformity can be achieved. When the manufacturer reapplies for verification
                he must apply to the same notified body.
            5 . The manufacturer shall keep with the technical dossier a copy of the certificate of conformity for a
                minimum period of 10 years from the date on which the lift is put into service.