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Beata PICH New Approach Industries, Tourism and CSR

DEVELOPMENTS AND CHANGES WITHIN THE LIFT SECTOR EMF / ETUI Lift Conference for Lift Sector Representatives THE LIFTS DIRECTIVE The EU view on the sector 25 SEPTEMBER 2008. Beata PICH New Approach Industries, Tourism and CSR Unit I.4 - Mechanical, Electrical and Telecom Equipment.

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Beata PICH New Approach Industries, Tourism and CSR

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  1. DEVELOPMENTS AND CHANGES WITHIN THE LIFT SECTOR EMF / ETUI Lift Conference for Lift Sector Representatives THE LIFTS DIRECTIVEThe EU view on the sector25 SEPTEMBER 2008 Beata PICH New Approach Industries, Tourism and CSR Unit I.4 - Mechanical, Electrical and Telecom Equipment

  2. LD - Directive 95/16/EC • adopted - 29VI1995 / fully in force - 1VII1999 • legal requirements for: • design, installation and placing on the market of new lifts and safety components for lifts (Annex IV) • sets out the conformity assessment procedures to be followed by lift installers • it concerns : • lift installers • safety components manufacturers • objectives: • to permit the free movement of lifts and safety components for lifts within the internal market • to ensure that these products provide a high level of protection of the health and safety of people

  3. Lifts • permanently serving buildings and constructions • new lifts- LD applies to lifts when they are first placed on the market and put into service - lifts installed: in new buildings; in existing buildings; in existing wells in replacement of existing lifts, including when the existing guide rails and their fixings or the fixings alone are retained

  4. Safety Components of Lifts 1. Devices for locking landing doors 2. Devices to prevent the car from falling or unchecked upward movements 3. Overspeed limitation devices 4. (a) Energy-accumulating shock absorbers: (non-linear; 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

  5. Commission Recommendation 95/216/EC • The safety of existing lifts is the exclusive responsibility of the MSs • The safety of existing lifts was addressed in Commission Recommendation 95/216/EC of 8 June 1995 to the Member States concerning improvement of safety of existing lifts

  6. Maintenance LD - Article 2(4) MSs have to ‘lay down requirements necessary to ensure that persons are protected when the lifts in question are put into service or use’ The LD concerns the design, manufacture, assembly, installation, placing on the market and putting into service of lifts and of safety components for lifts. The safe use of a lift also requires that the installation is properly maintained, serviced and repaired after it has been put into service. It may also be considered necessary to check that the requisite maintenance has been carried out by means of periodic or special inspections. It is the installer is responsible for designing the lift in such a way that maintenance, inspection and rescue operations can be carried out safely. The lift installer must also provide appropriate instructions for maintenance (Article 6), inspection, repair periodic checks and rescue operations that must accompany the lift in order to be available on site.

  7. ESH requirements relevant to the maintenance • Access to lift machinery - “The lift must ensure that the lift machinery and the associated devices of a lift are not accessible except for maintenance and in emergencies” (EHS 1.5.2) • Hazards to person outside the car - Pit and headroom (Section 2.2) MD - Maintenance– is one of the EHS requirement of Machinery Directive generally applicable to lifts

  8. STANDARDS • Standards supporting the LD developed by CEN TC10 • EN 81-1 & 2 cover electrical and hydraulic lifts • Other parts of the EN 81 series cover other types of lift and particular requirements for lifts OJEU C 239, 11.10.2007http://ec.europa.eu/enterprise/mechan_equipment/lifts/stand.htm

  9. Management of the Lifts Directive

  10. LC - THE LIFTS COMMITTEEArticle 6 (3) • an advisory committee • chaired by the Commission • MSs each have one representative • the members of the EEA and other countries with mutual recognition agreements with the EU for lifts are invited as observers • LC gives its opinion on proposals by the Commission

  11. LWG - THE LIFTS WORKING GROUP • chaired by the Commission • MSs are represented • stakeholders are present (from industry, standardisation and the Notified Bodies) • representatives of candidate countries may attend as observers • discusses practical application of the Directive • meets twice a year in Brussels LWG Minutes http://ec.europa.eu/enterprise/mechan_equipment/lifts/struct.htm

  12. NBs - NOTIFIED BODIES • Conformity assessment bodies - assessed and appointed by MSs and notified to the Commission • The notification must indicate : - the products (lifts or safety components) covered - the procedure(s) covered - the basis for the assessment of competency (e.g. accreditation)

  13. NBL - COORDINATION OF NBs • NBs coordinate at national and European level • exchange experience and harmonise practice • NB-L formulates RfUs - Recommendations for Use • RfUs are endorsed by the LWG • meets twice a year - Next NBL meeting is planned – in Brussels for 18 / 19 November 2008

  14. MARKET SURVEILLANCE MSs must: • designate market surveillance authorities and give them the necessary powers and resources • arrange for technical inspection of lifts and testing when necessary • take action against non-compliant and unsafe lifts • ensure that unsafe products are withdrawn from the market in accordance with the safeguard procedure (Art 7)

  15. LIFTS ADCO- ADMINISTRATIVE COOPERATION • cooperation between market surveillance authorities is organised in the Lifts ADCO Group • meetings are confidential and restricted to the market surveillance authorities • Lifts ADCO is chaired in turn by one of the Member States • Last Lifts ADCO took place on 11 November 2007 – under the Swedish Chairmanship

  16. DEVELOPMENTS AND CHANGES relating to the LD

  17. LD Amendment - Revised MD 2006/42/ECof 17 May 2006 – in force from 29 December 2009 • for risks not dealt with in the LD, the health and safety requirements of the MD 98/37/EC (2006/42/EC) are applicable • this applies particularly to risks for inspection and maintenance staff • several machinery standards are thus also relevant to lifts

  18. LD Amendment - Revised MD 2006/42/ECof 17 May 2006 – in force from 29 December 2009 CLARIFICATION OF THE SCOPE between LD and MD - Article 24 Lift definition • shall mean a lifting appliance serving specific levels, having a carrier moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal, intended for the transport of: persons; persons and goods; goods alone if the carrier is accessible, that is to say a person may enter it without difficulty, and fitted with controls situated inside the carrier or within reach of a person inside the carrier. LD shall not apply to • lifting appliances whose speed is not greater than 0,15 m/s

  19. GUIDE TO APPLICATIONOF THE LD aims to foster uniform interpretation and application of the provisions of the LD (only the texts implementing the provisions of the LD in each MS have the force of law) approved by the LC on 15 May 2007 it is intended to update the Guide regularly (opinions/answers adopted by the LC) • published on the Website EUROPA • http://ec.europa.eu/enterprise/mechan_equipment/lifts/guidance.htm drawn up by the services of the Commission following consultation of the MSs and of representatives of the lifts industry, standardisation, Notified Bodies and users of lifts

  20. Evaluation of the application of the LD Article 16 Study 2003/2004 • Evaluation study on application of the LD • carried out for the Commission by the European Evaluation Consortium (UK) • the Study Report presents quantitative and qualitative information on the application of the LD at European level and in a sample of 7 MSs as well as the results of visits to a sample of lift installations in each country • the findings indicate that the LD is generally well applied, certain problem areas are highlighted and possible solutions are outlined • an amendment of the LD is included in the revised MD to clarify the borderline between the scope of LD and MD; applicable from 29 December 2009

  21. Evaluation of the application of the LDAnnex I, Section 2.2 Study 2007 • Evaluation Study of means of preventing crushing risks on lifts subject to the LD • carried out for the Commission by an Health and Safety Laboratory (UK) http://ec.europa.eu/enterprise/mechan_equipment/lifts/guidance.htm Objectives: to examine whether the solutions available, other than free spaces or refuges, to prevent the crushing risk, provided an equivalent level of safety. Tasks: 1: Investigation of data on accidents and that have occurred at extreme positions of the lift cars; 2: Description of the existing means to prevent the crushing risk and 3: Comparative assessment of the alternative means available for preventing the crushing risk 12 MSs contacted (Government and non-government)

  22. Evaluation of the application of the LDAnnex I, Section 2.2 Study 2007 Conclusions: • free spaces should still be given the first priority (should always be provided for the pit and headroom in new buildings) • the dimensions given in the current ENs are inadequate and should be improved • alternative means could provide an equivalent level of safety providing they did not rely on safe methods of work and had a high level of integrity and for that very clear requirements would be needed in the ENs Findings of the Study - tool intended to provide with objective information on which a better judgement of the issue of the crushing riskcould be reached

  23. Currently debated in the LC/ NBL/ ADCO • the acceptance of alternative testing methods to the traditional load tests (physical load) on lifts installation • the special tools and software necessary for safe and effective execution of maintenance or rescue operations  ENs improvement • the diameter of traction ropes for lifts – conditions for the acceptance of the ropes with the diameter below 8 mm as specified in the harmonised standards (EN 81) supporting the LD

  24. New Approach policy RevisionNLF - the New Legal Framework of 9 July 2008 REGULATION (EC) No 765/2008 of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0030:0047:EN:PDF DECISION No 768/2008/EC of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0082:0128:EN:PDF REGULATION (EC) No 764/2008 of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another MS and repealing Decision No 3052/95/EC http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0021:0029:EN:PDF NLF - the modernisation of the New Approach for marketing of products - published in the OJEU on 13 August 2008 NLF OBJECTIVES: • to consolidate the key concepts of the New Approach policy; • to improve the evaluation and monitoring of conformity assessment bodies (testing, certification and inspection laboratories) including the increased use of accreditation • to strengthen market surveillance. • it is expected that the credibility of the CE marking will be enhanced

  25. New Approach policy Revision NLF - the New Legal Framework of 9 July 2008 TASKS: • The Regulation(EC) No 765/2008 - will be applicable as from 1 January 2010 - binding in its entirety and directly applicable in all MSs - sets out the requirements for accreditation and market surveillance relating to the marketing ofproducts • The DecisionNo 768/2008/EC - can be used immediately but to be operational needs to be fed into existing Directives when they are revised • Implementing actions - for accreditation policy and market surveillance will be prepared so as to be ready for the 1 January 2010 date • in-depth analysis on the marking issues; • initiatives for Market Surveillance; • implementation measures relating to the European cooperation for Accreditation (EA); • The review of sectoral directivesto bring them in line with the Decision has just started

  26. Alignment of existing technical harmonisation acquis to the Decision • Decision- a tool for the Commission’s Better Regulation policy • The rationaleis to ensure more consistency of the legal environment and to establish a common “culture” of legislating • Inconsistencies:(different terminology, different logic behind obligations of economic operators, duplication of procedures,..) make it difficult and more expensive for economic operators to comply with the legal requirements • A consistent and systematic application of the Decision is therefore crucial for improving the qualityof our legislation and reducing administrative burden

  27. Alignment of existing technical harmonisation acquis to the Decision (1) Individually, i.e. directive by directive • Whenever a revision of sectoral legislation takes place – obligation of the legislator to use the Decision as far as possible • Legislation which is not up for review: an alignment to might be considered necessary to improve certain deficits (eg. obligations of economic operators – link to market surveillance!-, notified bodies, safeguard clause) • Advantages: allows detailed analysis and tailor made alignment for specific sector; sectoral priorities can be taken into account, sectoral time schedule can be taken into account • Risks: risk of inconsistency due to different EP/Council formations (non-horizontal parts may have repercussions on horizontal parts), piece-meal approach; lack of visibility; attempts to reopen discussion on other elements in sectoral legislation

  28. Alignment of existing technical harmonisation acquis to the Decision (2) “Omnibus” alignment • There would be one single legislative proposal amending several pieces of legislation. Such a proposal would exclude pieces of legislation which are up for review in a foreseeable time frame (2-3 years). • Such an approach will most probably not allow for a 100% alignment of every piece of legislation to the new framework. Priority areas would have to be selected according to our political priorities (e.g. improving market surveillance) • Advantages: better chances to get a coherent result; more visibility, exercise can be sold as alignment, EP/Council will find it more difficult to reopen discussion on other issues • Risks: could be difficult to achieve a tailor-made or full alignment for each sector; there might nevertheless be attempts to reopen debates

  29. NLF impact on the LD New amendment to the LD ? • Any further amendment of the LD, if necessary, will begin after an internal analysis is completed • The Commission is continuing to examine the appropriate solutions to the issues raised by the evaluation studies (of 2004 and 2007) • the potential amendment of the LD could cover: - Improvement of the Section 2.2. of Annex I of the LD relating to the prior approval by the MSs where the solution of permanent free spaces is impossible to fulfil - Review of the conformity assessment procedures modules towards simplification - Notification of the notified bodies - improved NBL coordination needed

  30. Summary • Nine years of application of the LD shows that it fulfils its objectives • The new lifts installed according to the European safety requirements generally appear to be compliant and safe • Market Surveillance for lifts must be improved • All interested parties are invited to take part in the discussions of problems relating to the practical application of the LD either trough the participation in the activities of the LC or NB-L or Lifts ADCO • All potential solutions for any improvements - based on full consultationand cooperation between MSs of the EU, EEA countries, the lifts Industry representatives and other interested parties

  31. Thank you for your attention EUROPA DG Enterprise and IndustryWeb pages for Lifts: http://ec.europa.eu/enterprise/mechan_equipment/lifts/welcdir.htm Beata.Pich@ec.europa.eu

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