EUROPEAN PARLIAMENT
AND COUNCIL DIRECTIVE 95/16/EC of 29 June 1995 on the approximation of the
laws of the Member States relating to lifts
THE EUROPEAN PARLIAMENT
AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 100a thereof, Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty
(3) in the light of the joint text approved by the Conciliation Committee
on 17 May 1995,
Whereas Member States are responsible within their territory for the health
and safety of people;
Whereas paragraphs 65 and 68 of the White Paper on the completion of the internal
market, approved by the European Council in June 1985, provide for a new approach
to the approximation of laws;
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-electrically operated lifts (4) does not ensure freedom of movement for
all types of lift; whereas disparities between the binding provisions of the
various national systems for types of lift not covered by Directive 84/529/EEC
constitute 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 States relating to common provisions for lifting
and mechanical handling appliances (5) serves as a framework Directive for
two specific Directives, namely Directive 84/529/EEC and Council Directive
86/663/EEC of 22 December 1986 on the approximation of the laws of the Member
States relating to self-propelled industrial trucks (6), repealed by Council
Directive 91/368/EEC of 20 June 1991 amending Directive 89/392/EEC on the
approximation of the laws of the Member States relating to machinery (7);
Whereas on 8 June 1995 the Commission adopted recommendation No 95/216/EC
(8) to the Member States concerning improvement of safety of existing lifts;
Whereas the essential requirements of this Directive will guarantee the intended
level of safety only if appropriate conformity assessment procedures, chosen
from among the provisions of Council Decision 93/465/EEC of 22 July 1993 concerning
the modules for the various phases of the conformity assessment procedures
and the rules for the affixing and use of the CE conformity marking, which
are intended to be used in the technical harmonization directives (9), ensure
compliance therewith;
Whereas the CE marking must be visibly affixed to lifts or to certain safety
components of lifts which meet the essential health and safety requirements
of this Directive to enable them to be placed on the market;
Whereas this Directive defines only general essential health and safety requirements;
whereas, in order to help manufacturers prove conformity with these essential
requirements, it is desirable to have standards harmonized at European level
concerning the prevention of risks arising from the design and installation
of lifts, and also in order to enable conformity with the essential requirements
to be verified; whereas such standards are drawn up at European level by private-law
bodies and must retain their non-binding status; whereas, for this purpose,
the European Committee for Standardization (CEN) and the European Committee
for Electrotechnical Standardization (Cenelec) are recognized as the competent
bodies for adopting harmonized standards in accordance with the general guidelines
for cooperation between the Commission and CEN and Cenelec signed on 13 November
1984; whereas a harmonized standard within the meaning of this Directive is
a technical specification adopted by CEN and/or Cenelec on the basis of a
mandate from the Commission in accordance with Council Directive 83/189/EEC
of 28 March 1983 laying down a procedure for the provision of information
in the field of technical standards and regulations (1) and pursuant to the
abovementioned general guidelines;
Whereas provision should be made for transitional arrangements to enable installers
to place on the market lifts manufactured before the date of implementation
of this Directive;
Whereas this Directive is designed to cover all risks caused by lifts and
run by their users and by the occupants of the construction; whereas this
Directive should therefore be regarded as a Directive within the meaning of
Article 2 (3) of Council Directive 89/106/EEC of 21 December 1988 on the approximation
of laws, regulations and administrative provisions of the Member States relating
to construction products (2);
Whereas an agreement on a modus vivendi between the European Parliament, the
Council and the Commission concerning the implementing measures for acts adopted
in accordance with the procedure laid down in Article 189b of the EC Treaty
was reached on 20 December 1994, HAVE ADOPTED THIS DIRECTIVE:
CHAPTER I
Scope, placing on the market and free movement
Article 1
1. This Directive shall apply to lifts permanently serving buildings and constructions.
It shall also apply to the safety components for use in such lifts listed
in Annex IV.
2. For the purposes of this Directive, 'lift' shall mean an appliance serving
specific levels, having a car moving along guides which are rigid and inclined
at an angle of more than 15 degrees to the horizontal and intended for the
transport of: - persons, - persons and goods, - goods alone if the car is
accessible, that is to say, a person may enter it without difficulty, and
fitted with controls situated inside the car or within reach of a person inside.
Lifts moving along a fixed course even where they do not move along guides
which are rigid shall fall within the scope of this Directive (for example,
scissor lifts).
3. The Directive shall not apply to: - cableways, including funicular railways,
for the public or private transportation of persons, - lifts specially designed
and constructed for military or police purposes, - mine winding gear, - theatre
elevators, - lifts fitted in means of transport, - lifts connected to machinery
and intended exclusively for access to the workplace, - rack and pinion trains,
- construction-site hoists intended for lifting persons or persons and goods.
4. For the purposes of this Directive: - the 'installer of a lift' shall mean
the natural or legal person who takes responsibility for the design, manufacture,
installation and placing on the market of the lift and who affixes the CE
marking and draws up the EC declaration of conformity, - 'placing on the market
of the lift' shall occur when the installer first makes the lift available
to the user, - 'safety component' shall mean a component as listed in Annex
IV, - the 'manufacturer of the safety components' shall mean the natural or
legal person who takes responsibility for the design and manufacture of the
safety components and who affixes the CE marking and draws up the EC declaration
of conformity, - a 'model lift' shall mean a representative lift whose technical
dossier shows the way in which the essential safety requirements will be met
for lifts which conform to the model lift defined by objective parameters
and which uses identical safety components. All permitted variations between
the model lift and the lifts forming part of the lifts derived from the model
lift must be clearly specified (with maximum and minimum values) in the technical
dossier. By calculation and/or on the basis of design plans it is permitted
to demonstrate the similarity of a range of equipment to satisfy the essential
safety requirements.
5. Where, for lifts, the risks referred to in this Directive are wholly or
partly covered by specific Directives, this Directive shall not apply or shall
cease to apply in the case of such lifts and such risks as from application
of those specific Directives.
Article 2
1. Member States shall take all appropriate measures to ensure that: - lifts
covered by this Directive may be placed on the market and put into service
only if they are not liable to endanger the health or safety of persons or,
where appropriate, the safety of property, when properly installed and maintained
and used for their intended purpose. - safety components covered by this Directive
may be placed on the market and put into service only if the lifts in which
they are to be installed are not liable to endanger the health or safety of
persons or, where appropriate, the safety of property when properly installed
and maintained and used for their intended purpose.
2. Member States shall take all appropriate measures to ensure that the person
responsible for work on the building or construction and the installer of
the lift, on the one hand, keep each other informed of the facts necessary
for, and, on the other hand, take the appropriate steps to ensure, the proper
operation and safe use of the lift.
3. Member States shall take all necessary measures to ensure that shafts intended
for lifts do not contain any piping or wiring or fittings other than that
necessary for the operation and safety of the lift.
4. Without prejudice to paragraphs 1, 2 and 3, the provisions of this Directive
shall not affect Member States' entitlement to lay down in conformity with
the Treaty such requirements as they may deem necessary to ensure that persons
are protected when the lifts in question are put into service or used, provided
that this does not mean that the lifts are modified in a way not specified
in the Directive.
5. At trade fairs, exhibitions or demonstrations in particular, Member States
shall not prevent the showing of lifts or safety components which do not conform
to the Community provisions in force, provided that a visible sign clearly
indicates that such lifts or safety components are not in conformity and are
not for sale until they have been brought into conformity by the installer
of the lift, the manufacturer of the safety components or the latter's authorized
representative established in the Community. During demonstrations, adequate
safety measures shall be taken to ensure the protection of persons.
Article 3
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 satisfy the essential health and safety requirements set out in Annex
I or enable the lifts in which they are installed to satisfy the said essential
requirements.
Article 4
1. Member States may not prohibit, restrict or impede the placing on the market
or putting into service on their territory of lifts and/or safety components
which comply with this Directive.
2. Member States may not prohibit, restrict or impede the placing on the market
of components which, on the basis of a declaration by the manufacturer or
his authorized representative established in the Community, are intended to
be incorporated into a lift covered by this Directive.
Article 5
1. Member States shall regard lifts and safety components bearing the CE marking
and accompanied by the EC declaration of conformity referred to in Annex II
as conforming to all the provisions of this Directive, including the conformity
assessment procedures laid down in Chapter II. In the absence of harmonized
standards, Member States shall take any steps they deem necessary to bring
to the attention of the parties concerned the existing national technical
standards and specifications which are regarded as important or relevant to
the proper implementation of the essential health and safety requirements
in Annex I.
2. Where a national standard transposing a harmonized standard, the reference
for which has been published in the Official Journal of the European Communities,
covers one or more of the essential health and safety requirements: - lifts
constructed in accordance with that standard shall be presumed to comply with
the relevant essential requirements. or - safety components constructed in
accordance with that standard shall be presumed suitable to enable a lift
on which they are correctly installed to comply with the relevant essential
requirements. Member States shall publish the references of national standards
transposing harmonized standards.
3. Member States shall ensure that appropriate measures are taken to enable
both sides of industry to have an influence at national level on the process
of preparing and monitoring the harmonized standards.
Article 6
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 requirements
referred to in Article 3, the Commission or the Member State concerned shall
bring the matter before the Committee set up under Directive 83/189/EEC, giving
the reasons therefor. The Committee shall deliver an opinion without delay.
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
published information referred to in Article 5 (2).
2. The Commission may adopt any appropriate measure with a view to ensuring
the practical application in a uniform manner of this Directive in accordance
with the procedure laid down in paragraph 3.
3. The Commission shall be assisted by a Standing Committee composed of the
representatives of the Member States and chaired by the representative of
the Commission. The Standing Committee shall draw up its own rules of procedure.
The representative of the Commission shall submit to the Standing Committee
a draft of the measures to be taken. The Committee shall deliver its opinion
on the draft, within a time limit which the chairman may lay down according
to the urgency of the matter, if necessary by taking a vote. The opinion shall
be recorded in the minutes, in addition, each Member State shall have the
right to ask to have its position recorded in the minutes. The Commission
shall take the utmost account of the opinion delivered by the Standing Committee.
It shall inform that Committee of the manner in which its opinion has been
taken into account.
4. The Standing Committee may, furthermore, examine any question concerning
the application of this Directive and raised by its chairman either at the
latter's initiative or at the request of a Member State.
Article 7
1. Where a Member State ascertains that a lift or a safety component bearing
the CE marking and used in accordance with its intended purpose is liable
to endanger the safety of persons and, where appropriate, of property, it
shall take all appropriate measures to withdraw it from the market, to prohibit
it from being placed on the market or put into service or to restrict its
free movement. 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:
(a) failure to satisfy the essential requirements referred to in Article 3;
(b) incorrect application of the standards referred to in Article 5 (2);
(c) shortcomings in the standards referred to in Article 5 (2) themselves.
2. The Commission shall enter into consultation with the parties concerned
as soon as possible. Where, after such consultation, the Commission finds
that: - the measures are justified, it shall immediately so inform the Member
State which took the initiative and the other Member States; where the decision
referred to in paragraph 1 is based on shortcomings in the standards, the
Commission shall, after consulting the parties concerned, bring the matter
before the Committee referred to in Article 6 (1), if the Member State which
has taken the decision intends to maintain it, and shall initiate the procedure
referred to in Article 6 (1), - the measures are unjustified, it shall immediately
so inform the Member State which took the initiative and the installer of
the lift, the manufacturer of the safety components or the latter's authorized
representative established in the Community.
3. Where a lift or safety component which does not comply bears the CE marking,
the competent Member State shall take appropriate action against whomsoever
affixed the marking and shall so inform the Commission and the other Member
States.
4. The Commission shall ensure that the Member States are kept informed of
the progress and outcome of the procedure.
CHAPTER II
Conformity assessment procedure
Article 8
1. Before placing safety components listed in Annex IV on the market, the
manufacturer of a safety component or his authorized representative established
in the Community must:
(a)
(i) either submit the model of the safety component for EC type-examination
in accordance with Annex V and for production checks by a notified body in
accordance with Annex XI;
(ii) or submit the model of the safety component for EC type-examination in
accordance with Annex V and operate a quality assurance system in accordance
with Annex VIII for checking production;
(iii) or operate a full quality assurance system in accordance with Annex
IX;
(b) affix the CE marking on each safety component and draw up a declaration
of conformity containing the information listed in Annex II, taking account
of the specifications given in the Annex used (Annex VIII, IX or XI as the
case may be);
(c) keep a copy of the declaration of conformity for 10 years from the date
on which the safety component was last manufactured.
2. Before being placed on the market, a lift must have undergone one of the
following procedures:
(i) either, if it was designed in accordance with a lift having undergone
an EC type-examination as referred to in Annex V, it shall be constructed,
installed and tested by implementing: - the final inspection referred to in
Annex VI, or - the quality assurance system referred to in Annex XII, or -
the quality assurance system referred to in Annex XIV. The procedures for
the design and construction stages, on the one hand, and the installation
and testing stages, on the other, may be carried out on the same lift;
(ii) or, if it was designed in accordance with a model lift having undergone
an EC type-examination as referred to in Annex V, it shall be constructed,
installed and tested by implementing: - the final inspection referred to in
Annex VI, or - the quality assurance system referred to in Annex XII, or -
the quality assurance system referred to in Annex XIV;
(iii) or, if it was designed in accordance with a lift for which a quality
assurance system pursuant to Annex XIII was implemented, supplemented by an
examination of the design if the latter is not wholly in accordance with the
harmonized standards, it shall be installed and constructed and tested by
implementing, in addition: - the final inspection referred to in Annex VI,
or - the quality assurance system in accordance with Annex XII, or - the quality
assurance system in accordance with Annex XIV;
(iv) or, having undergone the unit verification procedure, referred to in
Annex X, by a notified body;
(v) or, having been subject to the quality assurance system in accordance
with Annex XIII, supplemented by an examination of the design if the latter
is not wholly in accordance with the harmonized standards. In the cases referred
to in (i), (ii) and (iii) above, the person responsible for the design must
supply to the person responsible for the construction, installation and testing
all necessary documents and information for the latter to be able to operate
in absolute security.
3. In all the cases referred to in paragraph 2: - the installer shall affix
the CE marking on the lift and draw up a declaration of conformity containing
the information listed in Annex II, taking account of the specifications given
in the Annex used (Annex VI, X, XII, XIII or XIV, as the case may be), - the
installer must keep a copy of the declaration of conformity for 10 years from
the date on which the lift was placed on the market, - the Commission, the
Member States and the other notified bodies may, on request, obtain from the
installer a copy of the declaration of conformity and reports of the tests
involved in the final inspection.
4.
(a) Where the lifts or safety components are subject to other Directives concerning
other aspects and which also provide for the affixing of the CE marking, the
latter shall indicate that the lift or safety component is also presumed to
conform to the provisions of those other Directives.
(b) However, where one or more of these Directives allows the manufacturer,
during a transitional period, to choose which arrangements to apply, the CE
marking shall indicate conformity only to the Directives applied by the installer
of the lift or the manufacturer of the safety components. In this case, particulars
of the Directives applied, as published in the Official Journal of the European
Communities, must be given in the documents, notices or instructions required
by the Directives and accompanying the lift or safety component.
5. Where neither the installer of the lift nor the manufacturer of the safety
component nor his authorized representative established in the Community has
complied with the obligations of the preceding paragraphs, those obligations
shall devolve upon whomsoever places the lift or the safety component on the
market in the Community. The same obligations shall apply to whomsoever manufactures
the lift or safety component for his own use.
Article 9
1. Member States shall notify the Commission and the other Member States of
the bodies which they have appointed to carry out the procedures referred
to in Article 8, together with the specific tasks and examination procedures
which these bodies have been appointed to carry out and the identification
numbers assigned to them beforehand by the Commission. The Commission shall
publish for information in the Official Journal of the European Communities
a list of the notified bodies and their identification numbers and the tasks
for which they have been notified. The Commission shall ensure that this list
is kept up to date.
2. Member States shall apply the criteria laid down in Annex VII in assessing
the notified bodies. Bodies meeting the assessment criteria laid down in the
relevant harmonized standards shall be presumed to fulfil the criteria laid
down in Annex VII.
3. A Member State which has notified a body must withdraw its notification
if it finds that the body no longer meets the criteria laid down in Annex
VII. It shall immediately inform the Commission and the other Member States
accordingly.
CHAPTER III
CE marking
Article 10
1. The CE marking shall consist of the initials CE. Annex III sets out the
model to be used.
2. The CE marking shall be affixed to every lift car distinctly and visibly
in accordance with Section 5 of Annex I and shall be affixed on each of the
safety components listed in Annex IV or, where that is not possible, on a
label inseparably attached to the safety component.
3. The affixing on the lifts or safety components of markings which are likely
to mislead third parties as to the meaning and form of the CE marking shall
be prohibited. Any other marking may be affixed to the lifts or safety components,
provided that the visibility and legibility of the CE marking are not thereby
reduced.
4. Without prejudice to Article 7:
(a) where a Member State establishes that the CE marking has been affixed
irregularly, the installer of the lift, the manufacturer of the safety component
or the authorized representative of the latter established within the Community
shall be obliged to make the product conform as regards the provisions concerning
the CE marking and to end the infringement under the conditions imposed by
the Member State;
(b) should non-conformity persist, the Member State must take all appropriate
measures to restrict or prohibit the placing on the market of the safety component
in question or to ensure that it is withdrawn from the market and prohibit
the lift from being used and inform the other Member States in accordance
with the procedures laid down in Article 7 (4).
CHAPTER IV
Final provisions
Article 11
Any decision taken pursuant to this Directive which restricts: - the placing
on the market and/or putting into service and/or use of a lift, - the placing
on the market and/or putting into service of a safety component, shall state
the exact grounds on which it is based. Such a decision shall be notified
as soon as possible to the party concerned, who shall at the same time be
informed of the legal remedies available to him under the laws in force in
the Member State concerned and of the time limits to which such remedies are
subject.
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The Commission shall take the necessary steps to have information on all the
relevant decisions relating to the implementation of this Directive made available.
Article 13
Directive 84/528/EEC and Directive 84/529/EEC are hereby repealed with effect
from 1 July 1999.
Article 14
With regard to the aspects concerning the installation of the lift, this Directive
is a Directive within the meaning of Article 2 (3) of Directive 89/106/EEC.
Article 15
1. Member States shall adopt and publish the laws, regulations and administrative
provisions necessary to comply with this Directive by 1 January 1997. They
shall forthwith inform the Commission thereof. When Member States adopt these
measures, they shall contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publication. The methods
of making such reference shall be laid down by Member States. Member States
shall apply these measures with effect from 1 July 1997.
2. Until 30 June 1999 Member States shall allow: - the placing on the market
and putting into service of lifts, - the placing on the market and putting
into service of safety components, which conform to the provisions in force
in their territories on the date of adoption of this Directive.
3. Member States shall communicate to the Commission the texts of the provisions
of national law which they adopt in the field covered by this Directive.
Article 16
No later than 30 June 2002, the Commission shall, in consultation with the
Committee referred to in Article 6 (3) and on the basis of reports provided
by the Member States, re-examine the functioning of the procedures laid down
in this Directive and, if necessary, submit any proposals for appropriate
amendments.
Article 17
This Directive is addressed to the Member States.
ANNEX I
ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION
OF LIFTS AND SAFETY COMPONENTS
PRELIMINARY REMARKS
1. Obligations under essential health and safety requirements apply only where
the lift or safety component is subject to the hazard in question when used
as intended by the installer of the lift or the manufacturer of the safety
components.
2. The essential health and safety requirements contained in the Directive
are imperatives. However, given the present state of the art, the objectives
which they lay down may not be attainable. In such cases, and to the greatest
extent possible, the lift or safety components must be designed and built
in such a way as to approximate to those objectives.
3. The safety-component manufacturer and the installer of the lift are under
an obligation to assess the hazards in order to identify all those which apply
to their products; they must then design and construct them taking account
of the assessment.
4. In accordance with Article 14, the essential requirements laid down in
Directive 89/106/EEC, not included in this Directive, apply to lifts.
1. GENERAL
1.1. Application of Directive 89/392/EEC, as amended by Directives 91/368/EEC,
93/44/EEC and 93/68/EEC. Where the relevant hazard exists and is not dealt
with in this Annex, the essential health and safety requirements of Annex
I to Directive 89/392/EEC apply. The essential requirement of Section 1.1.2
of Annex I to Directive 89/392/EEC must apply in any event.
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
installer. In the case of lifts intended for the transport of persons, and
where its dimensions permit, the car must be designed and constructed in such
a way that its structural features do not obstruct or impede access and use
by disabled persons and so as to allow any appropriate adjustments intended
to facilitate its use by them.
1.3. Means of suspension and means of support
The means of suspension and/or support of the car, its attachments and any
terminal parts thereof must be selected and designed so as to ensure an adequate
level of overall safety and to minimize the risk of the car falling, taking
into account the conditions of use, the materials used and the conditions
of manufacture. Where ropes or chains are used to suspend the car, there must
be at least two independent cables or chains, each with its own anchorage
system. Such ropes and chains must have no joins or splices except where necessary
for fixing or forming a loop.
1.4. Control of loading (including overspeed)
1.4.1. Lifts must be so designed, constructed and installed as to prevent
normal starting if the rated load is exceeded.
1.4.2. Lifts must be equipped with an overspeed governor. These requirements
do not apply to lifts in which the design of the drive system prevents overspeed.
1.4.3. Fast lifts must be equipped with a speed-monitoring and speed-limiting
device.
1.4.4. Lifts driven by friction pulleys must be designed so as to ensure stability
of the traction cables on the pulley.
1.5. Machinery
1.5.1. All passenger lifts must have their own individual lift machinery.
This requirement does not apply to lifts in which the counterweights are replaced
by a second car.
1.5.2. The installer of the lift must ensure that the lift machinery and the
associated devices of a lift are not accessible except for maintenance and
in emergencies.
1.6. Controls
1.6.1. The controls of lifts intended for use by unaccompanied disabled persons
must be designed and located accordingly.
1.6.2. The function of the controls must be clearly indicated.
1.6.3. The call circuits of a group of lifts may be shared or interconnected.
1.6.4. Electrical equipment must be so installed and connected that: - there
can be no possible confusion with circuits which do not have any direct connection
with the lift, - the power supply can be switched while on load, - movements
of the lift are dependent on electrical safety devices in a separate electrical
safety circuit, - a fault in the electrical installation does not give rise
to a dangerous situation.
2. HAZARDS TO PERSONS OUTSIDE THE CAR
2.1. The lift must be designed and constructed to ensure that the space in
which the car travels is inaccessible except for maintenance or in emergencies.
Before a person enters that space, normal use of the lift must be made impossible.
2.2. The lift must be designed and constructed to prevent the risk of crushing
when the car is in one of its extreme positions. The objective will be achieved
by means of free space or refuge beyond the extreme positions. However, in
specific cases, in affording Member States the possibility of giving prior
approval, particularly in existing buildings, where this solution is impossible
to fulfil, other appropriate means may be provided to avoid this risk.
2.3. The landings at the entrance and exit of the car must be equipped with
landing doors of adequate mechanical resistance for the conditions of use
envisaged. An interlocking device must prevent during normal operation: -
starting movement of the car, whether or not deliberately activated, unless
all landing doors are shut and locked, - the opening of a landing door when
the car is still moving and outside a prescribed landing zone. However, all
landing movements with the doors open shall be allowed in specified zones
on condition that the leveling speed is controlled.
3. HAZARDS TO PERSONS IN THE CAR
3.1. Lift cars must be completely enclosed by full-length walls, fitted floors
and ceilings included, with the exception of ventilation apertures, and with
full-length doors. These doors must be so designed and installed that the
car cannot move, except for the landing movements referred to in the third
subparagraph of Section 2.3, unless the doors are closed, and comes to a halt
if the doors are opened. The doors of the car must remain closed and interlocked
if the lift stops between two levels where there is a risk of a fall between
the car and the shaft or if there is no shaft.
3.2. In the event of a power cut or failure of components the lift must have
devices to prevent free fall or uncontrolled upward movements of the car.
The device preventing the free fall of the car must be independent of the
means of suspension of the car. This device must be able to stop the car at
its rated load and at the maximum speed anticipated by the installer of the
lift. Any stop occasioned by this device must not cause deceleration harmful
to the occupants whatever the load conditions.
3.3. Buffers must be installed between the bottom of the shaft and the floor
of the car. In this case, the free space referred to in Section 2.2 must be
measured with the buffers totally compressed. This requirement does not apply
to lifts in which the car cannot enter the free space referred to in Section
2.2 by reason of the design of the drive system.
3.4. Lifts must be so designed and constructed as to make it impossible for
them to be set in motion if the device provided for in Section 3.2 is not
in an operational position.
4. OTHER HAZARDS
4.1. The landing doors and car doors or the two doors together, where motorized,
must be fitted with a device to prevent the risk of crushing when they are
moving.
4.2. Landing doors, where they have to contribute to the protection of the
building against fire, including those with glass parts, must be suitably
resistant to fire in terms of their integrity and their properties with regard
to insulation (containment of flames) and the transmission of heat (thermal
radiation).
4.3. Counterweights must be so installed as to avoid any risk of colliding
with or falling on to the car.
4.4. Lifts must be equipped with means enabling people trapped in the car
to be released and evacuated.
4.5. Cars must be fitted with two-way means of communication allowing permanent
contact with a rescue service.
4.6. Lifts must be so designed and constructed that, in the event of the temperature
in the lift machine exceeding the maximum set by the installer of the lift,
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.
4.8. The car should be adequately lit whenever in use or whenever a door is
opened; there must also be emergency lighting.
4.9. The means of communication referred to in Section 4.5 and the emergency
lighting referred to in Section 4.8 must be designed and constructed so as
to function even without the normal power supply. Their period of operation
should be long enough to allow normal operation of the rescue procedure.
4.10. The control circuits of lifts which may be used in the event of fire
must be designed and manufactured so that lifts may be prevented from stopping
at certain levels and allow for priority control of the lift by rescue teams.
5. MARKING
5.1. In addition to the minimum particulars required for any machine pursuant
to Section 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.
5.2. 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.
6. INSTRUCTIONS FOR USE
6.1. The safety components referred to in Annex IV must be accompanied by
an instruction manual drawn up in an official language of the Member State
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.
6.2. Each lift must be accompanied by documentation drawn up in the official
language(s) of the Community, which may be determined in accordance with the
Treaty by the Member State in which the lift is installed. The documentation
shall contain at least: - an instruction manual containing the plans and diagrams
necessary for normal use and relating to maintenance, inspection, repair,
periodic checks and the rescue operations referred to in Section 4.4, - a
logbook in which repairs and, where appropriate, periodic checks can be noted.
ANNEX II
A. Content of the EC declaration of conformity for safety components
(1) The EC declaration of conformity must contain the following information:
- name and address of the manufacturer of the safety components (2),
- where appropriate, name and address of his authorized representative established
in the Community (2),
- description of the safety component, details of type or series and serial
number (if any),
- safety function of the safety component, if not obvious from the description,
- year of manufacture of the safety component,
- all relevant provisions with which the safety component complies,
- where appropriate, reference to harmonized standards used,
- where appropriate, name, address and identification number of the notified
body which carried out the EC type-examination in accordance with Article
8 (1) (a) (i) and (ii),
- where appropriate, reference to the EC type-examination certificate issued
by that notified body,
- where appropriate, name, address and identification number of the notified
body which carried out the production checks in accordance with Article 8
(1) (a) (ii),
- where appropriate, name, address and identification number of the notified
body which checked the system of quality assurance implemented by the manufacturer
in accordance with Article 8 (1) (a) (iii),
- identification of the signatory empowered to act on behalf of the manufacturer
of the safety components or his authorized representative established in the
Community.
B. Content of the EC declaration of conformity for installed lifts (3) The
EC declaration of conformity must contain the following information: - name
and address of the installer of the lift (4),
- description of the lift, details of the type or series, serial number and
address where the lift is fitted, - year of installation of the lift,
- all relevant provisions to which the lift conforms,
- where appropriate, reference to harmonized standards used,
- where appropriate, name, address and identification number of the notified
body which carried out the EC type-examination of the model of the lift in
accordance with Article 8 (2), (i) and (ii),
- where appropriate, reference of the EC type-examination certificate,
- where appropriate, name, address and identification number of the notified
body which carried out the verification of the lift in accordance with Article
8 (2) (iv),
- where appropriate, name, address and identification number of the notified
body which carried out the final inspection of the lift in accordance with
the first indent of Article 8 (2), (i), (ii) and (iii),
- where appropriate, name, address, and identification number of the notified
body which inspected the quality assurance system implemented by the installer
in accordance with the second and third indents of Article (8) (2) (i), (ii),
(iii) and (v),
- identification of the signatory having been empowered to act on behalf of
the lift installer.
(1) The declaration must be drafted in the same language as the instruction
manual referred to in Annex I, Section 6.1, and be either typewritten or printed.
(2) Business name, full address; in the case of an authorized representative,
also indicate the business name and address of the manufacturer of the safety
components.
(3) This declaration must be drafted in the same language as the instruction
manual referred to in Annex I, Section 6.2, and be either typewritten or printed.
(4) Business name and full address.
ANNEX III
CE CONFORMITY MARKING
The CE conformity marking shall consist of the initials 'CE' taking the following
form: >REFERENCE TO A FILM> If the CE marking is reduced or enlarged the proportions
given in the above drawing must be respected. The various components of the
CE marking must have substantially the same vertical dimension, which may
not be less than 5 mm. This minimum dimension may be waived for small-scale
safety components. The CE marking shall be followed by the identification
number of the notified body that deals with
- the procedures referred to in Article 8 (1) (a) (ii) or (iii),
- the procedures referred to in Article 8 (2). ANNEX IV LIST OF SAFETY COMPONENTS
REFERRED TO IN ARTICLE 1 (1) AND ARTICLE 8 (1)
1. Devices for locking landing doors.
2. Devices to prevent falls referred to in Section 3.2 of Annex I to prevent
the car from falling or unchecked upward movements.
3. Overspeed limitation devices.
4.
(a) Energy-accumulating shock absorbers: - either non-linear, - or with damping
of the return movement.
(b) Energy-dissipating shock absorbers.
5. Safety devices fitted to jacks of hydraulic power circuits where these
are used as devices to prevent falls.
6. Electric safety devices in the form of safety switches containing electronic
components.
ANNEX V
EC TYPE-EXAMINATION (module B)
A. EC type-examination of safety components
1. EC type-examination is the procedure whereby a notified body ascertains
and certifies that a representative specimen of a safety component will permit
the lift to which it is correctly fitted to satisfy the relevant requirements
of the Directive.
2. The application for EC type-examination must be lodged by the manufacturer
of the safety component, 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 of the safety component and of
his authorized representative, if the application is made by the latter, and
the place of manufacture of the safety components,
- a written declaration that the same application has not been lodged with
any other notified body, - a technical dossier,
- a representative specimen of the safety component or details of the place
where it can be examined. The notified body may make reasoned requests for
further specimens.
3. The technical dossier must allow an assessment of the conformity and adequacy
of the safety component to enable a lift to which it is correctly fitted to
conform with the provisions of the Directive. In so far as is necessary for
the purpose of assessing conformity, the technical dossier should include
the following:
- a general description of the safety component, including its area of use
(in particular possible limits on speed, load and power) and conditions (in
particular explosive environments and exposure to the elements),
- design and manufacturing drawings or diagrams,
- essential requirement(s) taken into consideration and the means adopted
to satisfy it (them) (e.g. a harmonized standard),
- results of any tests or calculations performed or subcontracted by the manufacturer,
- a copy of the assembly instructions for the safety components,
- steps taken at the manufacturing stage to ensure that series-produced safety
components conform to the safety component examined.
4. The notified body must:
- examine the technical dossier to assess how far it can meet the desired
aims,
- examine the safety component to check its adequacy in terms of the technical
dossier,
- perform or have performed the appropriate checks and tests necessary to
check whether the solutions adopted by the manufacturer of the safety component
meet the requirements of the Directive allowing the safety component to carry
out its function when correctly fitted on a lift.
5. If the representative specimen of the safety component complies with the
provisions of the Directive 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 of the safety component,
the conclusions of the check, any conditions of validity of the certificate
and the particulars necessary to identify the approved type. 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. If the notified body refuses
to issue an EC type-examination certificate to the manufacturer, it must state
the detailed grounds for refusal. Provision must be made for an appeal procedure.
6. The manufacturer of the safety component 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, including new extensions or variants not specified in the
original technical dossier (see the first indent of Section 3). The notified
body must examine the alterations and inform the applicant whether the EC
type-examination certificate remains valid (1).
7. Each notified body must communicate to the Member States the relevant information
concerning:
- EC type-examination certificates issued,
- EC type-examination certificates withdrawn. Each notified body must also
communicate to the other notified bodies the relevant information concerning
the EC type-examination certificates it has 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 of the safety component or his authorized representative
must keep with the technical documentation copies of EC type-examination certificates
and their additions for a period of 10 years after the last safety component
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.
B. EC type-examination of lifts
1. EC type-examination is the procedure whereby a notified body ascertains
and certifies that a model lift, or that a lift for which there is no provision
for an extension or variant, satisfies the requirements of the Directive.
2. The application for EC type-examination must be lodged by the installer
of the lift with a notified body of his choice. The application must include:
- the name and address of the installer of the lift, - a written declaration
that the same application has not been lodged with any other notified body,
- a technical dossier, - details of the place where the model lift can be
examined. The model lift submitted for examination must include the terminal
parts and be capable of serving at least three levels (top, middle and bottom).
3. The technical dossier must allow an assessment of the conformity of the
lift with the provisions of the Directive and an understanding of the design
and operation of the lift. In so far as is necessary for the purpose of assessing
conformity, the technical dossier should include the following:
- a general description of the representative model of the lift. The technical
dossier should indicate clearly all possible extensions to the representative
model of the lift under examination (see Article 1 (4)),
- design and manufacturing drawings or diagrams, - essential requirements
taken into consideration and the means adopted to satisfy them (e.g. a harmonized
standard), - a copy of the EC declarations of conformity of the safety components
used in the manufacture of the lift, - results of any tests or calculations
performed or subcontracted by the manufacturer, - a copy of the lift instruction
manual, - steps taken at the installation stage to ensure 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 representative model of the lift
to check that it has been manufactured in accordance with the technical dossier,
- perform or have performed the appropriate checks and tests necessary to
check that the solutions adopted by the installer of the lift meet the requirements
of the Directive and allow the lift to comply with them.
5. If the model lift complies with the provisions of the Directive 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 lift
installer, the conclusions of the check, any conditions of validity of the
certificate and the particulars necessary to identify the approved type. 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. If the notified
body refuses to issue an EC type-examination certificate to the manufacturer,
it must state the detailed grounds for refusal. Provision must be made for
an appeal procedure.
6. The installer of the lift must inform the notified body of any alterations,
even of a minor nature, which he has made or plans to make to the approved
lift, including new extensions or variants not specified in the original technical
dossier (see the first indent of Section 3). The notified body must examine
the alterations and inform the applicant whether the EC type-examination certificate
remains valid (1).
7. Each notified body must communicate to the Member States the relevant information
concerning:
- EC type-examination certificates issued,
- EC type-examination certificates withdrawn. Each notified body must also
communicate to the other notified bodies the relevant information concerning
the EC type-examination certificates it has withdrawn.
8. EC type-examination certificates and the dossiers and correspondence relating
to EC type-examination procedures must be drawn up in one of the official
languages of the Member State where the notified body is established or in
a language acceptable to it.
9. The installer of the lift must keep with the technical documentation copies
of EC type-examination certificates and their additions for a period of at
least 10 years after the last lift has been manufactured in conformity with
the representative model of the lift. (1) If the notified body deems it necessary,
it may either issue an addition to the original EC type-examination certificate
or ask for a fresh application to be submitted. (1) If the notified body deems
it necessary, it may either issue an addition to the original EC type-examination
certificate or ask for a fresh application to be submitted.
ANNEX VI
FINAL INSPECTION
1. Final inspection is the procedure whereby the installer of the lift who
fulfils the obligations of Section 2 ensures and declares that the lift which
is being placed on the market satisfies the requirements of the Directive.
The installer of the lift shall affix the CE marking in the car of each lift
and draw up an EC declaration of conformity.
2. The installer of the lift shall take all steps necessary to ensure that
the lift being placed on the market conforms with the model lift described
in the EC type-examination certificate and the essential health and safety
requirements applicable to it.
3. The installer of the lift shall keep a copy of the EC declaration of conformity
and the final inspection certificate referred to in Section 6 for 10 years
from the date when the lift was placed on the market.
4. A notified body chosen by the installer of the lift shall carry out or
have carried out the final inspection of the lift about to be placed on the
market. The appropriate tests and checks defined by the applicable standard(s)
referred to in Article 5, or equivalent tests, must be carried out in order
to ensure conformity of the lift with the relevant requirements of the Directive.
These checks and tests shall cover in particular:
(a) examination of the documentation to check that the lift conforms with
the representative model of the lift approved in accordance with Annex V.B;
(b)
- operation of the lift both empty and at maximum load to ensure correct installation
and operation of the safety devices (end stops, locking devices, etc.),
- operation of the lift at both maximum load and empty to ensure the correct
functioning of the safety devices in the event of loss of power,
- static test with a load equal to 1,25 times the nominal load. The nominal
load shall be that referred to in Annex I, Section 5. After these tests, the
notified body shall check that no distortion or deterioration which could
impair the use of the lift has occurred.
5. The notified body must receive the following documents:
- the plan of the complete lift,
- the plans and diagrams necessary for final inspection, in particular control
circuit diagrams,
- a copy of the instruction manual referred to in Annex I, Section 6.2. The
notified body may not require detailed plans or precise information not necessary
for verifying the conformity of the lift about to be placed on the market
with the model lift described in the EC type-examination declaration.
6. If the lift satisfies the provisions of the Directive, the notified body
shall affix or have affixed its identification number adjacent to the CE marking
in accordance with Annex III and shall draw up a final inspection certificate
which mentions the checks and tests carried out. The notified body shall fill
in the corresponding pages in the logbook referred to in Annex I, Section
6.2. If the notified body refuses to issue the final inspection certificate,
it must state the detailed reasons for refusal and recommend means whereby
acceptance may be obtained. Where the installer of the lift again applies
for final inspection, he must apply to the same notified body.
7. The final inspection certificate, dossiers and correspondence relating
to the acceptance procedures shall be drawn up in one of the official languages
of the Member State where the notified body is established or in a language
acceptable to it.
ANNEX VII
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE NOTIFICATION
OF BODIES
1. The body, its director and the staff responsible for carrying out verification
operations may not be the designer, builder, supplier or manufacturer of safety
components or installer of the lifts which they inspect, nor the authorized
representative of any of these parties. Similarly, the body, its director
and the staff responsible for supervising the quality assurance systems referred
to in Article 8 of the Directive may not be the designer, builder, supplier
or manufacturer of safety components or installer of the 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 safety components or
in the installation of lifts. This does not preclude the possibility of exchanges
of technical information between the manufacturer of the safety components
or the installer of the lift and the body.
2. The body and its staff must carry out the inspection or supervision 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 inspection
or supervision.
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 inspection or supervision; 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 requirements for 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 observe professional secrecy with regard to
all information gained in carrying out its tasks (except vis-à-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)
1. Product quality assurance is the procedure whereby the manufacturer of
the safety component who satisfies Section 2 ensures and declares that the
safety components are in conformity with the type as described in the EC type-examination
certificate and satisfy the requirements of the Directive that apply to them
and ensures and declares that the safety component will enable a lift to which
it is correctly fitted to satisfy the provisions of the Directive. The manufacturer
of the safety component or his authorized representative established in the
Community must affix the CE marking to each safety component and draw up an
EC declaration of conformity. The CE marking must be accompanied by the identification
number of the notified body responsible for surveillance as specified in Section
4.
2. The manufacturer must apply an approved quality assurance system for final
inspection of the safety component and testing as specified in Section 3,
and must be subject to surveillance as specified in Section 4.
3. Quality assurance system
3.1. The manufacturer of the safety component must lodge an application for
assessment of his quality assurance system for the safety components concerned
with a notified body of his choice. The application must include: - all relevant
information for the safety components envisaged, - the documentation on the
quality assurance system, - the technical documentation of the approved safety
components and a copy of the EC type-examination certificates.
3.2. Under the quality assurance system, each safety component must be examined
and appropriate tests as set out in the relevant standards referred to in
Article 5 or equivalent tests must be carried out in order to ensure its conformity
to the relevant requirements of the Directive. All the elements, requirements
and provisions adopted by the manufacturer of the safety components must be
documented in a systematic and orderly manner in the form of written measures,
procedures and instructions. This quality assurance system documentation must
ensure a common understanding of the quality programmes, plans, manuals and
records. It must contain in particular an adequate description of:
(a) the quality objectives;
(b) the organizational structure, responsibilities and powers of the management
with regard to safety component quality;
(c) the examinations and tests that will be carried out after manufacture;
(d) the means to verify the effective operation of the quality assurance system;
(e) quality records, such as inspection reports and test data, calibration
data, reports on the qualifications of the personnel concerned, etc.
3.3. The notified body must assess the quality assurance system to determine
whether it satisfies the requirements referred to in Section 3.2. It must
presume conformity with these requirements in respect of quality assurance
systems that implement the relevant harmonized standard (1). The auditing
team must have at least one member with experience of assessment in the lift
technology concerned. The assessment procedure must include a visit to the
premises of the safety component manufacturer. The decision must be notified
to the manufacturer of the safety components. The notification must contain
the conclusions of the examination and the reasoned assessment decision.
3.4. The manufacturer of the safety components must undertake to discharge
the obligations arising from the quality assurance system as approved and
to ensure that it is maintained in an appropriate and efficient manner. The
manufacturer of the safety components or his authorized representative established
in the Community must keep the notified body which has approved the quality
assurance system informed of any intended updating of the quality assurance
system. The notified body must assess the modifications proposed and decide
whether the modified quality assurance system still satisfies the requirements
referred to in Section 3.2 or whether a reassessment is required. It must
notify its decision to the manufacturer. The notification must contain the
conclusions of the examination and the reasoned assessment decision.
4. Surveillance under the responsibility of the notified body
4.1. The purpose of surveillance is to make sure that the manufacturer of
the safety component duly fulfils the obligations arising out of the approved
quality assurance system.
4.2. The manufacturer must allow the notified body access for inspection purposes
to the inspection, testing and storage locations and provide it with all necessary
information, in particular: - the quality assurance system documentation,
- the technical documentation, - the quality records, such as inspection reports
and test data, calibration data, reports on the qualifications of the personnel
concerned, etc.
4.3. The notified body must periodically carry out audits to ensure that the
manufacturer of the safety components maintains and applies the quality assurance
system and must provide an audit report to the manufacturer of the safety
components.
4.4. Additionally, the notified body may pay unexpected visits to the manufacturer
of the safety component. 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 assurance system where necessary; it must provide the manufacturer
of the safety components with a visit report and, if a test has been carried
out, with a test report.
5. The manufacturer must, for a period ending 10 years after the last safety
component has been manufactured, keep at the disposal of the national authorities:
- the documentation referred to in the third indent of the second paragraph
of Section 3.1,
- the updating referred to in the second paragraph of Section 3.4,
- the decisions and reports from the notified body which are referred to in
the final paragraph of Section 3.4 and in Sections 4.3 and 4.4. 6. Each notified
body must forward to the other notified bodies the relevant information concerning
the quality assurance system approvals issued and withdrawn. (1) This harmonized
standard will be EN 29003, supplemented where necessary to take account of
the specific features of safety components.
ANNEX IX
FULL QUALITY ASSURANCE (module H)
1. Full quality assurance is the procedure whereby the manufacturer of the
safety component who satisfies the obligations of Section 2 ensures and declares
that the safety components satisfy the requirements of the Directive that
apply to them and that the safety component will enable a lift to which it
is correctly fitted to satisfy the requirements of the Directive. The manufacturer
or his authorized representative established in the Community must affix the
CE marking to each safety component and draw up an EC declaration of conformity.
The CE marking must be accompanied by the identification number of the notified
body responsible for the surveillance as specified in Section 4.
2. The manufacturer must operate an approved quality assurance system for
design, manufacture and final inspection of the safety components and testing
as specified in Section 3 and must be subject to surveillance as specified
in Section 4.
3. Quality assurance system
3.1. The manufacturer must lodge an application for assessment of his quality
assurance system with a notified body. The application must include:
- all relevant information on safety components,
- the documentation on the quality assurance system.
3.2. The quality assurance system must ensure compliance of the safety components
with the requirements of the Directive that apply to them and enable lifts
to which they have been correctly fitted to satisfy those requirements. 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 assurance system documentation must
ensure a common understanding of the quality policies and procedures such
as quality programmes, plans, manuals 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 the design and quality of the
safety components,
- the technical design specifications, including standards, that will be applied
and, where the standards referred to in Article 5 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 safety components will be met,
- the design control and design verification techniques, processes and systematic
actions that will be used when designing the safety components,
- the corresponding manufacturing, quality control and quality assurance techniques,
processes and systematic actions that will be used,
- 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 qualifications 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 assurance system.
3.3. The notified body must assess the quality assurance system to determine
whether it satisfies the requirements referred to in Section 3.2. It must
presume compliance with these requirements in respect of quality assurance
systems that implement the relevant harmonized standard (1). The auditing
team must have at least one member with experience of assessment in the lift
technology concerned. The assessment procedure must include a visit to the
manufacturer's premises. The decision must be notified to the manufacturer
of the safety components. The notification must contain the conclusions of
the examination and the reasoned assessment decision.
3.4. The manufacturer of the safety components must undertake to discharge
the obligations arising from the quality assurance system as approved and
to ensure that it is maintained in an appropriate and efficient manner. The
manufacturer or his authorized representative established in the Community
must keep the notified body which has approved the quality assurance system
informed of any intended updating of the quality assurance system. The notified
body must assess the modifications proposed and decide whether the modified
quality assurance system will still satisfy the requirements referred to in
Section 3.2 or whether a reassessment is required. It must notify its decision
to the manufacturer. The notification must contain the conclusions of the
examination and the reasoned assessment decision.
4. Surveillance under the responsibility of the notified body
4.1. The purpose of surveillance is to make sure that the manufacturer of
the safety components duly fulfils the obligations arising out of the approved
quality assurance system.
4.2. The manufacturer of the safety components must allow the notified body
access for inspection purposes to the design, manufacture, inspection and
testing, and storage locations, and must provide it with all necessary information,
in particular:
- the quality assurance system documentation,
- the quality records provided for in the design part of the quality system,
such as results of analyses, calculations, tests, etc.,
- the quality records provided for in the manufacturing part of the quality
assurance system, such as inspection reports and test data, calibration data,
reports on the qualifications of the personnel concerned, etc.
4.3. The notified body must periodically carry out audits to make sure that
the manufacturer of the safety components maintains and applies the quality
assurance system and must provide an audit report to the manufacturer of the
safety components.
4.4. Additionally, the notified body may pay unexpected visits to the manufacturer
of the safety components. 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 assurance system where necessary; it must provide the manufacturer
of the safety components with a visit report and, if a test has been carried
out, with a test report.
5. The manufacturer of the safety components or his authorized representative
must, for a period of 10 years after the last safety component has been manufactured,
keep at the disposal of the national authorities: - the documentation referred
to in the second indent of the second paragraph of Section 3.1, - the updating
referred to in the second paragraph of Section 3.4, - the decisions and reports
from the notified body which are referred to in the final paragraph of Section
3.4 and in Sections 4.3 and 4.4. Where neither the manufacturer of the safety
components 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.
6. Each notified body must forward to the other notified bodies the relevant
information concerning the quality assurance system approvals issued and withdrawn.
7. The dossiers and correspondence relating to the full quality assurance
procedures must be drawn up in one of the official languages of the Member
State where the notified body is established or in a language acceptable to
it. (1) This harmonized standard will be EN 29001, supplemented where necessary
to take account of the specific features of safety components. ANNEX X UNIT
VERIFICATION (module G)
1. Unit verification is the procedure whereby the installer of a lift ensures
and declares that a lift which is being placed on the market and which has
obtained the certificate of conformity referred to in Section 4 complies with
the requirements of the Directive. The installer of the lift must affix the
CE marking in the car of the lift and draw up an EC declaration of conformity.
2. The lift installer shall apply to a notified body of his choice for unit
verification. The application shall contain: - the name and address of the
installer of the lift 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 purpose of the technical dossier is to enable the conformity of the
lift with the requirements of the Directive to be assessed and the design,
installation and operation of the lift to be understood. So far as relevant
for conformity 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 (e.g. harmonized standard), - the results of any tests or calculations
carried out or subcontracted by the installer of the lift, - a copy of the
instructions for use of the lift, - a copy of the EC type-examination certificates
of the safety components used.
4. The notified body must examine the technical dossier and the lift and carry
out the appropriate tests as set out in the relevant standard(s) referred
to in Article 5 of the Directive, or equivalent tests, to ensure its conformity
with the relevant requirements of this Directive. If the lift meets the requirements
of this Directive, the notified body shall affix, or cause to be affixed,
its identification number adjacent to the CE marking in accordance with Annex
III and shall draw up a certificate of conformity relating to the tests carried
out. The notified body shall fill in the corresponding pages of the logbook
referred to in Section 6.2 of Annex I. 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 installer of the lift
reapplies for verification he must apply to the same notified body.
5. The certificate of conformity and the dossiers and correspondence relating
to unit verification 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.
6. The installer of the lift shall keep with the technical dossier a copy
of the certificate of conformity for a period of 10 years from the date on
which the lift is placed on the market.
ANNEX XI
CONFORMITY TO TYPE WITH RANDOM CHECKING (module C)
1. Conformity to type is the procedure whereby the manufacturer of the safety
components or his authorized representative established in the Community ensures
and declares that the safety components are in conformity with the type as
described in the EC type certificate and satisfy the requirements of the Directive
that apply to them and enable any lift to which they are correctly fitted
to satisfy the essential health and safety requirements of the Directive.
The manufacturer of the safety components, or his authorized representative
established in the Community, must affix the CE marking to each safety component
and draw up an EC declaration of conformity.
2. The manufacturer of the safety components must take all measures necessary
to ensure that the manufacturing process assures conformity of the manufactured
safety components with the type as described in the EC type-examination certificate
and with the requirements of the Directive that apply to them.
3. The manufacturer of the safety components or his authorized representative
must keep a copy of the EC declaration of conformity for a period of 10 years
after the last safety component has been manufactured. Where neither the manufacturer
of the safety components 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 components on the Community market.
4. A notified body chosen by the manufacturer must carry out or have carried
out checks on safety components at random intervals. An adequate sample of
the finished safety components, taken on site by the notified body, must be
examined and appropriate tests as set out in the relevant standard(s) referred
to in Article 5, or equivalent tests, must be carried out to check the conformity
of production to the relevant requirements of the Directive. In those cases
where one or more of the safety components checked do not conform, the notified
body must take appropriate measures. The points to be taken into account when
checking the safety components will be defined by joint agreement between
all the notified bodies responsible for this procedure, taking into consideration
the essential characteristics of the safety components referred to in Annex
IV. On the responsibility of the notified body, the manufacturer must affix
that body's identification number during the manufacturing process.
5. The dossiers and correspondence relating to the random checking procedures
referred to in Section 4 must be drawn up in one of the official languages
of the Member State where the notified body is established or in a language
acceptable to it.
ANNEX XII
PRODUCT QUALITY ASSURANCE FOR LIFTS (module E)
1. Product quality assurance is the procedure whereby the installer of a lift
who satisfies Section 2 ensures and declares that the lifts installed are
in conformity with the type as described in the EC type-examination certificate
and satisfy the requirements of the Directive that apply to them. The installer
of a lift must affix the CE marking to each lift and draw up an EC declaration
of conformity. The CE marking must be accompanied by the identification number
of the notified body responsible for surveillance as specified in Section
4.
2. The installer of a lift must apply an approved quality assurance system
for final inspection of the lift and testing as specified in Section 3, and
must be subject to surveillance as specified in Section 4.
3. Quality assurance system
3.1. The installer of a lift must lodge an application for assessment of his
quality assurance system for the lifts concerned with a notified body of his
choice. The application must include: - all relevant information for the lifts
envisaged, - the documentation on the quality assurance system, - the technical
documentation on the approved lifts and a copy of the EC type-examination
certificates.
3.2. Under the quality assurance system, each lift must be examined and appropriate
tests as set out in the relevant standards referred to in Article 5 or equivalent
tests must be carried out in order to ensure its conformity to the relevant
requirements of the Directive. All the elements, requirements and provisions
adopted by the installer of a lift must be documented in a systematic and
orderly manner in the form of written measures, procedures and instructions.
This quality assurance system documentation must ensure a common understanding
of the quality programmes, plans, manuals and quality records. It must contain
in particular an adequate description of:
(a) the quality objectives,
(b) the organizational structure, responsibilities and powers of the management
with regard to lift quality,
(c) the examinations and tests that will be carried out before placing on
the market, including at the very least the tests laid down in Annex VI, 4
(b),
(d) the means to verify the effective operation of the quality assurance system,
(e) quality records, such as inspection reports and test data, calibration
data, reports on the qualifications of the personnel concerned, etc.
3.3. The notified body must assess the quality assurance system to determine
whether it satisfies the requirements referred to in Section 3.2. It must
presume conformity with these requirements in respect of quality assurance
systems that implement the relevant harmonized standard (1). The auditing
team must have at least one member with experience of assessment in the lift
technology concerned. The assessment procedure must include a visit to the
premises of the lift installer and a visit to the installation site. The decision
must be notified to the lift installer. The notification must contain the
conclusions of the examination and the reasoned assessment decision.
3.4. The installer of a lift must undertake to discharge the obligations arising
from the quality assurance system as approved and to ensure that it is maintained
in an appropriate and efficient manner. The installer of a lift must keep
the notified body which has approved the quality assurance system informed
of any intended updating of the quality assurance system. The notified body
must assess the