Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Former Responsible Committee | ECON | POMPIDOU Alain ( EDA) |
Lead committee dossier:
Legal Basis:
EC before Amsterdam E 100A
Legal Basis:
EC before Amsterdam E 100ASubjects
Events
The Council approved the draft common position concerning the approximation of the laws of the Member States relating to lifts, as established by the Conciliation Committee on 17 May 1995. The Spanish delegation voted against. An explanation of that vote and a joint statement by the Danish, Irish and Swedish delegations to be made public will be found below. Since adoption of this Directive is a matter for the codecision procedure with the European Parliament and the latter has also approved the joint draft, the Directive is thus finally adopted. The Directive has a dual aim: to remove barriers to the free movement of lifts and lift components, which arise from disparities in national provisions, and to put in place Community legislation providing users of such lifts with the same high level of safety throughout the European Union. The Directive is a ‘new approach’ Directive (i.e. it defines only general essential health and safety requirements, leaving the responsibility for framing detailed harmonised standards to bodies such as CEN and Cenelec), which applies to all types of lifts permanently serving buildings and constructions. It will replace Directive 84/529/EEC by substituting for its optional implementing provisions overall implementing rules covering every type of lift. It will therefore have wider scope than the old Directive, which covers only electric and hydraulic lifts. Member States are allowed two years for implementing the national provisions transposing the Directive. Provision is also made for a 4-year transition arrangement to enable installers to place on the market lifts manufactured before the date of implementation of the Directive. Explanation of vote by the Spanish delegation: The Spanish delegation, taking the view that: - the definition of lift installer in Article 1(4) is not realistic and deviates from the context in that it makes the person concerned responsible for the manufacture of the lift; - the conformity assessment procedures laid down in Article 8 are not suitable for all situations likely to arise in practice and are therefore at variance with the interests of installers and in particular of small-scale installers who do not manufacture their own lifts; - and, lastly, that the Directive will give rise to serious problems when it is to be transposed into Spanish law and when the implementing provisions are to be established, cannot support the said Directive and is therefore voting against the text. The Spanish delegation also feels that the essential requirement in point 1.2 of Annex I to the Directive imposes unnecessary and disproportionate excess costs on users, without resolving the problem of access for the disabled to buildings, given the existence of other prior obstacles. The delegation therefore feels that the problem should have been resolved in a comprehensive and consistent manner within the framework of social policy rather than in a Directive based on Article 100a of the Treaty. Statement by the Danish, Irish and Swedish delegations: ‘The Danish, Irish and Swedish delegations note that the provisions of this Directive do not affect the Member States’ entitlement to lay down requirements as to when buildings and constructions must be equipped with lifts that can be used by disabled persons’.
Mrs FONTAINE(EPP, F), Chairman of Parliament’s delegation to the Conciliation Committee, stressed that the spirit of the Treaty on European Union, which was that rather than arguing with one another the members of the Conciliation Committee should look for appropriate solutions together, had been perfectly applied in this instance, hence the result finally obtained.
On 17 May, the date on which the time limit laid down by the Treaty expired, the co-chairmen noted that agreement had been reached by written procedure on the joint text, which had been forwarded that day in all languages to the Council and to the EP.
The Committee, chaired by Mrs Nicole FONTAINE and by Mr Hervé de CHARETTE for the Council, was unable to reach agreement on the common position on the Directive on the approximation of the laws of the Member States relating to lifts. In spite of the progress made on all of the other points, it had proved impossible to reach a compromise due to the different opinions on the wording of the text on disabled people’s access to lifts. Points agreed. The Council agreed that a recital could refer to the Commission’s recommendation, which sought to draw the attention of the Member States to the essential safety requirements for existing lifts by highlighting the sensitive issues but allowing Member States to draw up a timetable for implementing adequate measures. On behalf of the Commission, Mr Padraig FLYNN stated that this recommendation would be adopted before the final vote on the Directive. With regard to the committee procedure, both parties agreed that a recital should make reference to the ‘modus vivendi’ already adopted in other conciliation procedures. The EP highlighted the need for cars to be equipped with a two-way means of communication allowing permanent contact in case of the lift breaking down. The Council accepted this principle; the text should therefore indicate that ‘cars must be fitted with two-way means of communication allowing permanent contact with a rescue service’. Points not agreed. The Council’s common position stipulates that cars should be designed and constructed for disabled people only where the lifts are designed for such a purpose. The EP wanted all lifts, where technically possible, to be accessible to disabled people, particularly those confined to wheelchairs. Although some progress was made, the two delegations were unable to agree on a joint text.
PURPOSE: the approximation of Member States’ minimum requirements regarding the security of
PROPOSED ACT: Directive of the European Parliament and of the Council
CONTENT : This proposal for a Directive concerns the approximation of Member States’ legislation legislation in regard to minimum requirements for the safety of lifts and is intended to replace Directive 84/529/EEC and its subsequent amended versions.
The proposed Directive should apply to all types of lifts equipping permanent constructions, given that they are able to satisfy the essential safety requirements (laid down in Annex I). Prior to placing of the lift on the market, the Directive provides for:
The submission of safety components, as well as the lift to a ‘CE test’ or a complete quality safety assurance check ; The placing of the ‘CE’ mark on each product manufactured; The keeping of a copy of the certificate of conformity.
The Commission would be assisted by the committee established by Directive 83/189/EEC, to which any question relating to the implementation and practical application of this current Directive may be referred.
The completed implementation of the current Directive is envisaged for 1 January 1998.
PURPOSE: the approximation of Member States’ minimum requirements regarding the security of
PROPOSED ACT: Directive of the European Parliament and of the Council
CONTENT : This proposal for a Directive concerns the approximation of Member States’ legislation legislation in regard to minimum requirements for the safety of lifts and is intended to replace Directive 84/529/EEC and its subsequent amended versions.
The proposed Directive should apply to all types of lifts equipping permanent constructions, given that they are able to satisfy the essential safety requirements (laid down in Annex I). Prior to placing of the lift on the market, the Directive provides for:
The submission of safety components, as well as the lift to a ‘CE test’ or a complete quality safety assurance check ; The placing of the ‘CE’ mark on each product manufactured; The keeping of a copy of the certificate of conformity.
The Commission would be assisted by the committee established by Directive 83/189/EEC, to which any question relating to the implementation and practical application of this current Directive may be referred.
The completed implementation of the current Directive is envisaged for 1 January 1998.
Documents
- Final act published in Official Journal: Directive 1995/16
- Final act published in Official Journal: OJ L 213 07.09.1995, p. 0001
- Text adopted by Parliament, 3rd reading: OJ C 166 03.07.1995, p. 0079-0088
- Text adopted by Parliament, 3rd reading: T4-0290/1995
- Decision by Parliament, 3rd reading: T4-0290/1995
- Debate in Parliament: Debate in Parliament
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0138/1995
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: OJ C 166 03.07.1995, p. 0003
- Report tabled for plenary, 3rd reading: A4-0138/1995
- Joint text approved by Conciliation Committee co-chairs: 7655/1994
- Joint text approved by Conciliation Committee co-chairs: 7655/1994
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex
- Commission opinion on Parliament's position at 2nd reading: COM(1994)0540
- Text adopted by Parliament, 2nd reading: OJ C 305 31.10.1994, p. 0040-0048
- Text adopted by Parliament, 2nd reading: T4-0017/1994
- Decision by Parliament, 2nd reading: T4-0017/1994
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A4-0003/1994
- Committee recommendation tabled for plenary, 2nd reading: OJ C 276 03.10.1994, p. 0005
- Committee recommendation tabled for plenary, 2nd reading: A4-0003/1994
- Commission communication on Council's position: EUR-Lex
- Commission communication on Council's position: SEC(1994)1189
- Council position: 07655/2/1994
- Council position: OJ C 232 20.08.1994, p. 0001
- Council position published: 07655/2/1994
- Reconsultation: EUR-Lex
- Reconsultation: COM(1993)0570
- Modified legislative proposal: EUR-Lex
- Modified legislative proposal: OJ C 180 02.07.1993, p. 0011
- Modified legislative proposal: COM(1993)0240
- Modified legislative proposal published: EUR-Lex
- Modified legislative proposal published: COM(1993)0240
- Text adopted by Parliament, 1st reading/single reading: OJ C 305 23.11.1992, p. 0094-0114
- Text adopted by Parliament, 1st reading/single reading: T3-0568/1992
- Decision by Parliament, 1st reading: T3-0568/1992
- Committee report tabled for plenary, 1st reading/single reading: OJ C 305 23.11.1992, p. 0007
- Committee report tabled for plenary, 1st reading/single reading: A3-0291/1992
- Committee report tabled for plenary, 1st reading: A3-0291/1992
- Economic and Social Committee: opinion, report: CES0801/1992
- Economic and Social Committee: opinion, report: OJ C 287 04.11.1992, p. 0002
- Legislative proposal: EUR-Lex
- Legislative proposal: OJ C 062 11.03.1992, p. 0004
- Legislative proposal: COM(1992)0035
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(1992)0035
- Legislative proposal: EUR-Lex OJ C 062 11.03.1992, p. 0004 COM(1992)0035
- Economic and Social Committee: opinion, report: CES0801/1992 OJ C 287 04.11.1992, p. 0002
- Committee report tabled for plenary, 1st reading/single reading: OJ C 305 23.11.1992, p. 0007 A3-0291/1992
- Text adopted by Parliament, 1st reading/single reading: OJ C 305 23.11.1992, p. 0094-0114 T3-0568/1992
- Modified legislative proposal: EUR-Lex OJ C 180 02.07.1993, p. 0011 COM(1993)0240
- Reconsultation: EUR-Lex COM(1993)0570
- Council position: 07655/2/1994 OJ C 232 20.08.1994, p. 0001
- Commission communication on Council's position: EUR-Lex SEC(1994)1189
- Committee recommendation tabled for plenary, 2nd reading: A4-0003/1994 OJ C 276 03.10.1994, p. 0005
- Text adopted by Parliament, 2nd reading: OJ C 305 31.10.1994, p. 0040-0048 T4-0017/1994
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex COM(1994)0540
- Joint text approved by Conciliation Committee co-chairs: 7655/1994
- Report tabled for plenary by Parliament delegation to Conciliation Committee, 3rd reading: A4-0138/1995 OJ C 166 03.07.1995, p. 0003
- Text adopted by Parliament, 3rd reading: OJ C 166 03.07.1995, p. 0079-0088 T4-0290/1995
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