CELEX: 51993PC0240
Language: en
Date: 1993-06-09
Title: Amended proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to lifts

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)
 ---pagebreak---                                      - 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).
 ---pagebreak---                                     - 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       Opinion delivered on 29 October 1992 (0J No C . . . ) .
 2       OJ No C 62, 11 March 1992, p. 4.
 ---pagebreak---                                  - 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.
 ---pagebreak---                                   - 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.
 ---pagebreak---                                  - 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;
 ---pagebreak---                                   - 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,
 ---pagebreak---                                  - 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.
 ---pagebreak---                                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                      In the second Indent of
  Article 8(1)(a), the second              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).
 ---pagebreak---                                  - 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.
 ---pagebreak---                                  - 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.
 ---pagebreak---                                 - 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                Cars must be fitted with a means
emergency alarm device in                  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.
 ---pagebreak---                                            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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