CE Marking (CE Mark) for Lifts (lift): EU Council Directive of 95/16/EC of 29 June 1995 & Annex I, II, ... XIV

Brief Introduction of
Directive 95/16/EC
Lifts
& Annex I, II, ... XIV

Official Journal L 213 , 07/09/1995 p. 0001 - 0031

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.

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
Article 5
Article 6
Article 7

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

CHAPTER IV
Final provisions

Article 11
Article 12
Article 13

Directive 84/528/EEC and Directive 84/529/EEC are hereby repealed with effect from 1 July 1999.
Article 14
Article 15
Article 16
Article 17

ANNEX I
ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF LIFTS AND SAFETY COMPONENTS

1. GENERAL
2. HAZARDS TO PERSONS OUTSIDE THE CAR
3. HAZARDS TO PERSONS IN THE CAR
4. OTHER HAZARDS
5. MARKING
6. INSTRUCTIONS FOR USE

ANNEX II

A. Content of the EC declaration of conformity for safety components

ANNEX III
CE CONFORMITY MARKING

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)

ANNEX VI
FINAL INSPECTION

ANNEX VII
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE NOTIFICATION OF BODIES

ANNEX VIII
PRODUCT QUALITY ASSURANCE (module E)

ANNEX IX
FULL QUALITY ASSURANCE (module H)

ANNEX X
UNIT VERIFICATION (module G)

ANNEX XI
CONFORMITY TO TYPE WITH RANDOM CHECKING (module C)

ANNEX XII
PRODUCT QUALITY ASSURANCE FOR LIFTS (module E)

ANNEX XIII
FULL QUALITY ASSURANCE FOR LIFTS (module H)

ANNEX XIV
PRODUCTION QUALITY ASSURANCE (module D)

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