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31985L0577

Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises

Official Journal L 372 , 31/12/1985 P. 0031 - 0033 Finnish special edition: Chapter 15 Volume 7 P. 0083  Spanish special edition: Chapter 15 Volume 6 P. 0131  Swedish special edition: Chapter 15 Volume 7 P. 0083  Portuguese special edition Chapter 15 Volume 6 P. 0131

COUNCIL DIRECTIVE of 20  December 1985 to protect the consumer in respect of contracts negotiated away from business  premises (85/577/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the  Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having  regard to the proposal from the Commission (1), Having regard to the opinion of the European  Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas it  is a common form of commercial practice in the Member States for the conclusion of a contract or a  unilateral engagement between a trader and consumer to be made away from the business premises of  the trader, and whereas such contracts and engagements are the subject of legislation which differs  from one Member State to another; Whereas any disparity between such legislation may directly  affect the functioning of the common market; whereas it is therefore necessary to approximate laws  in this field; Whereas the preliminary programme of the European Economic Community for a consumer  protection and information policy (4) provides inter alia, under paragraphs 24 and 25, that  appropriate measures be taken to protect consumers against unfair commercial practices in respect  of doorstep selling; whereas the second programme of the European Economic Community for a consumer  protection and information policy (5) confirmed that the action and priorities defined in the  preliminary programme would be pursued; Whereas the special feature of contracts concluded away  from the business premises of the trader is that as a rule it is the trader who initiates the  contract negotiations, for which the consumer is unprepared or which he does not except; whereas  the consumer is often unable to compare the quality and price of the offer with other offers;  whereas this surprise element generally exists not only in contracts made at the doorstep but also  in other forms of contract concluded by the trader away from his business premises; Whereas the  consumer should be given a right of cancellation over a period of at least seven days in order to  enable him to assess the obligations arising under the contract; Whereas appropriate measures  should be taken to ensure that the consumer is informed in writing of this period for reflection;  Whereas the freedom of Member States to maintain or introduce a total or partial prohibition on the  conclusion of contracts away from business premises, inasmuch as they consider this to be in the  interest of consumers, must not be affected; HAS ADOPTED THIS DIRECTIVE:Article  11.    This Directive shall apply to contracts under which a trader supplies goods or services to  a consumer and which are concluded:-  during an excursion organized by the trader away from his  business premises, or-during a visit by a trader   (i)  to the consumer's home or to that of  another consumer; (ii)to the consumer's place of work; where the visit does not take place at the  express request of the consumer. 2.    This Directive shall also apply to contracts for the supply  of goods or services other than those concerning which the consumer requested the visit of the  trader, provided that when he requested the visit the consumer did not know, or could not  reasonably have known, that the supply of those other goods or services formed part of the trader's  commercial or professional activities. 3.    This Directive shall also apply to contracts in  respect of which an offer was made by the consumer      under conditions similar to those described  in paragraph 1 or paragraph 2 although the consumer was not bound by that offer before its  acceptance by the trader. 4.    This Directive shall also apply to offers made contractually by the  consumer under conditions similar to those described in paragraph 1 or paragraph 2 where the  consumer is bound by his offer. Article 2For the purposes of this Directive: 'consumer' means a  natural person who, in transactions covered by this Directive, is acting for purposes which can be  regarded as outside his trade or profession; 'trader' means a natural or legal person who, for the  transaction in question, acts in his commercial or professional capacity, and anyone acting in the  name or on behalf of a trader. Article 31.    The Member States may decide that this Directive  shall apply only to contracts for which the payment to be made by the consumer exceeds a specified  amount. This amount may not exceed 60 ECU.The Council, acting on a proposal from the Commission,  shall examine and, if necessary, revise this amount for the first time no later than four years  after notification of the Directive and thereafter every two years, taking into account economic  and monetary developments in the Community. 2.    This Directive shall not apply to:(a)  contracts  for the construction, sale and rental of immovable property or contracts concerning other rights  relating to immovable property.Contracts for the supply of goods and for their incorporation in  immovable property or contracts for repairing immovable property shall fall within the scope of  this Directive;b)contracts for the supply of foodstuffs or beverages or other goods intended for  current consumption in the household and supplied by regular roundsmen;(c)contracts for the supply  of goods or services, provided that all three of the following conditions are met:   (i)  the  contract is concluded on the basis of a trader's catalogue which the consumer has a proper  opportunity of reading in the absence of the trader's representative,   (ii)there is intended to be  continuity of contact between the trader's representative and the consumer in relation to that or  any subsequent transaction, (iii)both the catalogue and the contract clearly inform the consumer of  his right to return goods to the supplier within a period of not less than seven days of receipt or  otherwise to cancel the contract within that period without obligation of any kind other than to  take reasonable care of the goods;(d)insurance contracts;(e)contracts for securities. 3.    By way  of derogation from Article 1 (2), Member States may refrain from applying this Directive to  contracts for the supply of goods or services having a direct connection with the goods or services  concerning which the consumer requested the visit of the trader. Article 4In the case of  transactions within the scope of Article 1, traders shall be required to give consumers written  notice of their right of cancellation within the period laid down in Article 5, together with the  name and address of a person against whom that right may be exercised. Such notice shall be dated  and shall state particulars enabling the contract to be identified. It shall be given to the  consumer:(a)  in the case of Article 1 (1), at the time of conclusion of the contract;(b)in the  case of Article 1 (2), not later than the time of conclusion of the contract;(c)in the case of  Article 1 (3) and 1 (4), when the offer is made by the consumer. Member States shall ensure that  their national legislation lays down appropriate consumer protection measures in cases where the  information referred to in this Article is not supplied. Article 51.    The consumer shall have  the right to renounce the effects of his undertaking by sending notice within a period of not less  than seven days from receipt by the consumer of the notice referred to in Article 4, in accordance  with the procedure laid down by national law. It shall be sufficient if the notice is dispatched  before the end of such period.      2.    The giving of the notice shall have the effect of  releasing the consumer from any obligations under the cancelled contract. Article 6The consumer  may not waive the rights conferred on him by this Directive. Article 7If the consumer exercises  his right of renunciation, the legal effects of such renunciation shall be governed by national  laws, particularly regarding the reimbursement of payments for goods or services provided and the  return of goods received. Article 8This Directive shall not prevent Member States from adopting  or maintaining more favourable provisions to protect consumers in the field which it covers.  Article 91.    Member States shall take the measures necessary to comply with this Directive  within 24 months of its notification (1). They shall forthwith inform the Commission thereof. 2.     Member States shall ensure that the texts of the main provisions of national law which they adopt  in the field covered by this Directive are communicated to the Commission. Article 10This  Directive is addressed to the Member States. Done at Brussels, 20 December 1985.  For the Council The President R. KRIEPS   (1)  OJ No C 22, 29. 1. 1977, p. 6;  OJ No C 127, 1. 6. 1978, p. 6. (2)  OJ No C 241, 10. 10. 1977, p. 26. (3)  OJ No C 180, 18. 7. 1977, p. 39. (4)  OJ No C 92, 25. 4. 1975, p. 2. (5)  OJ No C 133, 3. 6. 1981, p. 1. (1)  This Directive was notified to the Member States on 23 December 1985.


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31979L0196

Council Directive 79/196/EEC of 6 February 1979 on the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres employing certain types of protection

Official Journal L 043 , 20/02/1979 P. 0020 - 0022 Finnish special edition: Chapter 13 Volume 9 P. 0158  Greek special edition: Chapter 13 Volume 8 P. 0042  Swedish special edition: Chapter 13 Volume 9 P. 0158  Spanish special edition: Chapter 13 Volume 9 P. 0204  Portuguese special edition Chapter 13 Volume 9 P. 0204

****( 1 ) OJ NO C 4 , 6 . 1 . 1978 , P . 2 .  ( 2 ) OJ NO C 131 , 5 . 6 . 1978 , P . 84 .  ( 3 ) OJ NO C 269 , 13 . 11 . 1978 , P . 45 .  ( 4 ) OJ NO L 24 , 30 . 1 . 1976 , P . 45 .    COUNCIL DIRECTIVE   OF 6 FEBRUARY 1979   ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES EMPLOYING CERTAIN TYPES OF PROTECTION  ( 79/196/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 2 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),   WHEREAS NATIONAL LEGISLATION IN FORCE TO ENSURE THE SAFETY OF ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES DIFFERS FROM ONE MEMBER STATE TO ANOTHER , THUS CONSTITUTING A BARRIER TO TRADE ; WHEREAS THESE LAWS SHOULD THEREFORE BE APPROXIMATED ;   WHEREAS COUNCIL DIRECTIVE 76/117/EEC OF 18 DECEMBER 1975 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES ( 4 ) HAS IN PARTICULAR SET OUT THE INSPECTION PROCEDURES WHICH THIS EQUIPMENT MUST SATISFY IN ORDER TO BE IMPORTED , PUT ON THE MARKET AND USED FREELY AFTER UNDERGOING THE TESTS AND BEING PROVIDED WITH THE MARK AND MARKING PRESCRIBED ;   WHEREAS ARTICLE 4 ( 4 ) OF DIRECTIVE 76/117/EEC PROVIDES THAT SPECIFIC DIRECTIVES SHALL SPECIFY THE HARMONIZED STANDARDS APPLICABLE IN ALL THE MEMBER STATES IN RESPECT OF THIS EQUIPMENT ;   WHEREAS ARTICLE 5 OF DIRECTIVE 76/117/EEC PROVIDES THAT THE SPECIFIC DIRECTIVES SHALL EXPRESSLY INDICATE WHICH PROVISIONS MAY BE ADAPTED TO TECHNICAL PROGRESS IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 7 OF THAT DIRECTIVE ;   WHEREAS THE SECOND SUBPARAGRAPH OF ARTICLE 8 ( 1 ) AND ARTICLE 9 ( 5 ) OF DIRECTIVE 76/117/EEC PROVIDE THAT COPIES OF THE CERTIFICATES OF CONFORMITY AND INSPECTION CERTIFICATES SHALL BE FORWARDED TO THE MEMBER STATES ONLY ; WHEREAS , IN ORDER TO ENSURE THE FREE MOVEMENT OF THIS EQUIPMENT , THE COMMISSION SHOULD BE ABLE TO PUBLISH EXTRACTS FROM THESE CERTIFICATES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ; WHEREAS IT IS THEREFORE NECESSARY THAT THE COMMISSION SHOULD ALSO RECEIVE SUCH COPIES ;   WHEREAS ARTICLES 8 ( 2 ) AND 9 ( 6 ) OF DIRECTIVE 76/117/EEC PROVIDE FOR A PROCEDURE FOR WITHDRAWING THE CERTIFICATE ; WHEREAS THE MEMBER STATES , THE COMMISSION AND THE PARTY CONCERNED SHOULD BE INFORMED OF SUCH WITHDRAWAL AND THE REASONS THEREFOR ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   THIS DIRECTIVE SHALL APPLY TO ELECTRICAL EQUIPMENT FOR USE IN A POTENTIALLY EXPLOSIVE ATMOSPHERE WHICH EMPLOYS ONE OR MORE OF THE FOLLOWING TYPES OF PROTECTION :   -  OIL IMMERSION ' O ' ,   -  PRESSURIZED APPARATUS ' P '   -  POWDER FILLING ' Q ' ,   -  FLAMEPROOF ENCLOSURE ' D ' ,   -  INCREASED SAFETY ' E ' ,   -  INTRINSIC SAFETY ' I ' .   ARTICLE 2   1 .  MEMBER STATES MAY NOT , ON GROUNDS OF SAFETY REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION OF ELECTRICAL EQUIPMENT , PROHIBIT THE SALE OR FREE MOVEMENT OR THE USE , FOR ITS PROPER PURPOSE , OF ELECTRICAL EQUIPMENT FOR USE IN A POTENTIALLY EXPLOSIVE ATMOSPHERE WHICH COMPLIES WITH THE PROVISIONS OF THIS DIRECTIVE AND OF DIRECTIVE 76/117/EEC , WITH REGARD TO THE SAFETY FEATURES COVERED BY THIS DIRECTIVE .   2 .  WITH REGARD TO SAFETY FEATURES NOT COVERED IN THIS DIRECTIVE , NATIONAL PROVISIONS SHALL CONTINUE TO APPLY PROVIDING NO COMMUNITY PROVISIONS EXIST .   ARTICLE 3   FOR THE PURPOSES OF THIS DIRECTIVE , HARMONIZED STANDARDS WITHIN THE MEANING OF ARTICLE 4 ( 4 ) OF DIRECTIVE 76/117/EEC SHALL MEAN THE STANDARDS LISTED IN ANNEX I HERETO .   ARTICLE 4   1 .  ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES SHALL BE SUBJECT TO THE PROCEDURES LAID DOWN IN ARTICLE 4 ( 1 ) OF DIRECTIVE 76/117/EEC . THE INFORMATION COMMUNICATED TO THE APPROVED BODIES IN THE CONTEXT OF THESE PROCEDURES SHALL BE TREATED AS CONFIDENTIAL .   2 .  FOR THE PURPOSES OF THIS DIRECTIVE , THE DISTINCTIVE COMMUNITY MARK REFERRED TO IN ARTICLES 4 ( 1 ) AND 10 OF DIRECTIVE 76/117/EEC SHALL CONFORM TO ANNEX II ; THIS MARK SHALL BE AFFIXED TO EACH ITEM OF EQUIPMENT IN SUCH A WAY AS TO BE VISIBLE , LEGIBLE AND DURABLE .   3 .  MEMBER STATES SHALL TAKE ALL NECESSARY MEASURES TO PROHIBIT THE USE ON EQUIPMENT COVERED BY THIS DIRECTIVE OF MARKINGS OR INSCRIPTIONS LIKELY TO BE CONFUSED WITH THE MARK SHOWN IN ANNEX II .   ARTICLE 5   IN ACCORDANCE WITH ARTICLE 5 ( 1 ) OF DIRECTIVE 76/117/EEC , THE CONTENTS OF THE HARMONIZED STANDARDS REFERRED TO IN ANNEX I , AND ANNEX II , MAY BE AMENDED BY FOLLOWING THE PROCEDURE LAID DOWN IN ARTICLE 7 OF DIRECTIVE 76/117/EEC .   ARTICLE 6   1 .  WITHIN ONE MONTH OF THE DATE OF ISSUE OF THE CERTIFICATE OF CONFORMITY OR INSPECTION CERTIFICATE , A COPY OF THE CERTIFICATE CONCERNED SHALL BE FORWARDED TO THE COMMISSION , WHICH SHALL ALSO RECEIVE , ON REQUEST , COPIES OF THE FINAL TECHNICAL SPECIFICATIONS OF THE EQUIPMENT AND OF THE INSPECTION RECORDS OF THE TESTS OR INSPECTIONS WHICH THE EQUIPMENT HAS UNDERGONE . THIS INFORMATION SHALL BE TREATED AS CONFIDENTIAL .   2 .  THE COMMISSION SHALL ENSURE THAT THE RELEVANT EXTRACTS FROM THESE CERTIFICATES ARE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   ARTICLE 7   1 .  IF , FOR THE REASONS PUT FORWARD IN ARTICLES 8 ( 2 ) AND 9  ( 6 ) OF DIRECTIVE 76/117/EEC , THE BODY WHICH HAS ISSUED THE CERTIFICATE OF CONFORMITY OR INSPECTION CERTIFICATE WITHDRAWS THE CERTIFICATE , IT SHALL INFORM THE OTHER MEMBER STATES AND THE COMMISSION THAT IT HAS DONE SO . THE GROUNDS FOR SUCH WITHDRAWAL SHALL BE GIVEN IN DETAIL . NOTICE OF THE WITHDRAWAL SHALL BE PUBLISHED IN ACCORDANCE WITH ARTICLE 6  ( 2 ).   2 .  SUCH WITHDRAWALS , AND REFUSALS TO ISSUE A CERTIFICATE OF CONFORMITY OR INSPECTION CERTIFICATE , SHALL BE NOTIFIED FORTHWITH TO THE PARTY CONCERNED , WITH AN INDICATION OF THE REMEDIES AVAILABLE TO HIM UNDER THE LAWS IN FORCE IN THE MEMBER STATES AND OF THE TIME LIMITS FOR THE EXERCISE OF SUCH REMEDIES .   ARTICLE 8   MEMBER STATES SHALL BRING INTO FORCE THE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .   MEMBER STATES SHALL ENSURE THAT THE TEXTS OF THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE ARE COMMUNICATED TO THE COMMISSION .   ARTICLE 9   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 6 FEBRUARY 1979 .   FOR THE COUNCIL   THE PRESIDENT   J . FRANCOIS-PONCET ****    ANNEX I   HARMONIZED STANDARDS   THE HARMONIZED STANDARDS TO WHICH EQUIPMENT MUST CONFORM , DEPENDING ON THE SYSTEM OF PROTECTION , ARE THE EUROPEAN STANDARDS REFERRED TO IN THE TABLE BELOW .   EUROPEAN STANDARDS  ( DRAWN UP BY CENELEC , 2 , RUE DE BREDERODE , PO BOX 5 , 1000 BRUSSELS )   //   // NUMBER  //  TITLE  //  EDITION //  DATE //  // EN 50 014 //  ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES : GENERAL RULES //  1 //  MARCH 1977 // EN 50 015 //  ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES : OIL IMMERSION ' O '  //  1 //  MARCH 1977 // EN 50 016 //  ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES : PRESSURIZED APPARATUS ' P '  //  1 //  MARCH 1977 // EN 50 017 //  ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES : POWDER FILLING ' Q '  //  1 //  MARCH 1977 // EN 50 018 //  ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES : FLAMEPROOF ENCLOSURE ' D '  //  1 //  MARCH 1977 // EN 50 019 //  ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES : INCREASED SAFETY ' E '  //  1 //  MARCH 1977 // EN 50 020 //  ELECTRICAL EQUIPMENT FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES : INTRINSIC SAFETY ' I '  //  1 //  MARCH 1977 //   ANNEX II   DISTINCTIVE COMMUNITY MARK                         B À 0.4 A   C À 0.25 A   E MIN . À 0.03 A


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31981L1015

Council Directive 81/1015/EEC of 15 December 1981 amending Directive 76/625/EEC concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees

Official Journal L 367 , 23/12/1981 P. 0031 - 0031 Finnish special edition: Chapter 3 Volume 14 P. 0097  Spanish special edition: Chapter 03 Volume 23 P. 0247  Swedish special edition: Chapter 3 Volume 14 P. 0097  Portuguese special edition Chapter 03 Volume 23 P. 0247

COUNCIL DIRECTIVE of 15 December 1981 amending Directive 76/625/EEC concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees (81/1015/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas Member States submit the results of the survey carried out pursuant to Directive 76/625/EEC (3), as last amended by the 1979 Act of Accession, by production area and not by the list of territories set out in the Annex to that Directive;  Whereas experience has shown that some Member States have encountered difficulties in meeting the final date mentioned in Articles 5 (1) and 6 (1) of the said Directive ; whereas provision should therefore be made for a longer period;  Whereas it is desirable that the annual estimates of areas of fruit trees cleared referred to in the said Article 5 (1) be broken down by variety;  Whereas, owing to special circumstances, it will not be possible for one Member State to collect data by density classes during the 1982 survey, and it is therefore appropriate to grant this Member State a derogation in respect of the 1982 survey;  Whereas the financial responsibility of the Community must be defined with regard to expenditure incurred by Greece for the 1982 survey,  HAS ADOPTED THIS DIRECTIVE:    Article 1 Directive 76/625/EEC is hereby amended as follows:    1. The following shall be added to Article 2 (1)point C:  "However, the United Kingdom is not required todetermine the density of plantation whenconducting the 1982 survey."       2. The second subparagraph of Article 4 (2) shall bedeleted.       3. The first subparagraph of Article 5 (1) shall bereplaced by the following:  "Member States shall make annual estimates of theareas of fruit trees of the species referred to inArticle 1 (1) cleared in their territory and shallnotify the results of their estimates to the Commissionby 31 March of the following year at the latest.In so far as possible, these estimates must distinguishbetween varieties."       4. In the second subparagraph of Article 5 (1) thewords "by 31 December at the latest" shall bereplaced by the words "by 31 March of the followingyear at the latest".       5. Article 6 (1) shall be replaced by the following:  "1. Member States shall make annual estimatesof the areas of fruit trees of the species referred toin Article 1 (1) planted in their territory and shallnotify the results of their estimates to the Commissionby 31 March of the following year at the latest.In so far as possible, these estimates must distinguishbetween varieties."       6. The following subparagraph shall be inserted inArticle 10 (1), immediately after the list of MemberStates:  "Contributions to the expenditure incurred byGreece on the 1982 survey shall be entered in thebudget of the European Communities up to amaximum amount of 85 000 ECU."       7. The Annex shall be repealed.          Article 2 This Directive is addressed to the Member States.     Done at Brussels, 15 December 1981.  For the Council  The President  P. WALKER  (1) OJ No C 246, 26.9.1981, p. 3. (2) OJ No C 327, 14.12.1981, p. 79. (3) OJ No L 218, 11.8.1976, p. 10.


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31984L0529

Council Directive 84/529/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to electrically operated lifts

Official Journal L 300 , 19/11/1984 P. 0086 - 0094 Finnish special edition: Chapter 13 Volume 14 P. 0088  Spanish special edition: Chapter 13 Volume 18 P. 0096  Swedish special edition: Chapter 13 Volume 14 P. 0088  Portuguese special edition Chapter 13 Volume 18 P. 0096

COUNCIL DIRECTIVE of 17 September 1984 on the approximation of the laws of the Member States relating to electrically operated lifts (84/529/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas in the Member States the construction and inspection of electrically operated lifts are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such lifts ; whereas it is therefore necessary to approximate these provisions;  Whereas the rules concerning installation, the tests carried out at the time of inspection before entry into service and the performance checks on these applicances affect their manufacture ; whereas such rules differ from one Member State to another and must therefore also 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 (4) has laid down in particular the procedures for EEC type-examination and EEC inspection for these appliances ; whereas, according to that Directive, it is necessary to lay down the technical requirements which electrically operated lifts and their essential components (locking devices, landing doors, overspeed governors, safety gears, hydraulic buffers) must satisfy in order to be freely imported, marketed and used after having undergone the requisite inspections and bearing accordingly the required marks and signs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. This Directive shall apply to permanently installed electrically operated hoisting appliances serving specific levels, having a car designed for the transport of persons or of persons and goods, suspended by ropes or chains and moving at least partially between guides which are vertical or inclined at an angle of less than 15° to the vertical, hereinafter referred to as "lifts".  2. This Directive shall not apply to:    - lifts specially designed for military or research purposes, or those used as equipment on ships, on offshore prospecting and drilling rigs, in mines or for the handling of radioactive materials,       - lifts intended exclusively for the transport of goods,       - passenger, goods or service lifts not driven by an electric motor, appliances actuated by fluids (such as oil and hydraulic lifts), or any of the following hoisting appliances : paternosters, rack-and-pinion elevators, screw-driven elevators, theatre elevators, loading appliances, skips, lifts and goods hoists on building or public works sites, construction or maintenance equipment and lifts specially constructed for transporting the handicapped.          Article 2 1. Without prejudice to Article 3, no Member State may, on grounds relating to the requirements of this Directive, refuse, prohibit, or restrict the installation and entry into service of lifts which satisfy the requirements of this Directive and of Directive 84/528/EEC. In Member States where acceptance inspections are required before a lift can be put into service, their conformity with Community provisions shall be established by means of checks and tests carried out in accordance with the provisions of this Directive and of Directive 84/528/EEC.  (1) OJ No C 221, 29.9.1975, p. 1. (2) OJ No C 7, 12.1.1976, p. 37. (3) OJ No C 131, 12.6.1976, p. 31. (4) See page 72 of this Official Journal.   The latter Member States shall nominate, in accordance with their national provisions, the bodies competent to undertake such tests and inspections.  2. Neither Community nor national measures concerning the construction of buildings, and in particular fire protection, shall be affected save where they fall within the scope of the requirements of this Directive in this respect.  3. Where a Member State requires authoritzation prior to installation, examination of the request for authorization shall be conducted in accordance with the requirements of this Directive.  4. Examinations and tests carried out periodically as part of lift servicing or following an extensive modification shall be conducted in accordance with national provisions ; as regards lifts covered by this Directive, these examinations and tests may not be more stringent than those laid down in the Annex.   Article 3 1. The lift components set out in Annex II shall be submitted to EEC type-examination and EEC inspection in accordance with Directive 84/528/EEC on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances.  2. No Member State may refuse, prohibit or restrict the placing on the market or the use for construction or installation of these lift components, if they conform to the type examined, bear the EEC type-examination sign and are accompanied by a certificate of conformity made out by the manufacturer which is in conformity with the model shown in Annex IV to Directive 84/528/EEC.  3. The EEC type-examination certificate which confirms that a type of component satisfies Community requirements shall be valid for a period of 10 years and may be renewed, on request, for 10-year periods.   Article 4 Member States shall take all necessary measures to ensure that construction components can be subjected to EEC type-examination and that the EEC type-examination certificate referred to in Article 3, the model for which is contained in Annex III, is granted where these components satisfy the technical requirements in Annex I.   Article 5 Any amendments necessary to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with Article 22 of Directive 84/528/EEC.   Article 6 1. Member States shall bring into force the laws, regulations and administrative provisions needed in order to comply with this Directive on the expiry of a period of 24 months from its notification (1). They shall immediately inform the Commission thereof.  2. Member States shall ensure that the texts of the provisions of national law which they adopt in the field convered by this Directive are communicated to the Commission.   Article 7 This Directive is addressed to the Member States.     Done at Brussels, 17 September 1984.  For the Council  The President  P. BARRY  (1) This Directive was notified to the Member States on 26 September 1984.     ANNEX I  TECHNICAL REQUIREMENTS    1. The appliances referred to in Article 1 (1) must, with the exception of the sections referred to in paragraph 2 below, comply with Standard EN 81-1 (14 October 1977 edition) for electrically powered lifts, as adopted by the European Committee for Standardization (CEN).       2. This standard shall apply subject to the following modifications:  - Section 2.  The reference to HD 25, HD 223 and HD 224 is to be replaced by a reference to HD 384, point 2;   - Section 5.7.1. Top clearances for traction drive and positive drive lifts  Amend as follows:  "      5.7.1.1. When the counter-weight rests on its fully compressed buffer, the following four conditions shall be satisfied at the same time:        (a) the guided travel of the car, still possible in the upward direction, shall be ... (no change);               (b) the free height above the area referred to in 8.13.1 (b) shall be at least ... (no change);               (c) the free distance between the lowest parts of the roof of the well and:          1. ... (no change),                   2. ... (no change);                                  (d) the space above the car must be sufficient to accommodate a rectangular block not less than 0,5 × 0,6 × 0,8 m resting on one of its faces.                          5.7.2.2. When the upper buffers ... (no change):        (a) the free distance above the area referred to in 8.13.1 (b) shall not be less than 1 m;               (b) the free distance between the lowest part of the roof of the well ... (no change);               (c) the space above the car must be sufficient to accommodate a rectangular block not less than 0,5 × 0,6 × 0,8 m resting on one of its faces.                          ";   - Section 5.7.3.3.  The dimensions laid down in paragraph (a) are to be replaced by the following:  "0,5 × 0,6 × 1 m";   - Section 6.2.1.  Access from the public way to the interior of the machine and pulley rooms must:      (a) be capable of being properly lit by (a) permanent electric light fixture(s),           (b) be easy to use in complete safety in all circumstances and without necessitating entry into private premises.             The access ways to the machine rooms and the entrances themselves must be of a minimum height of 1,8 m. (Thresholds and flanges which do not project beyond 0,4 m are not taken into consideration) (N c);   - Section 6.3.2.1.  Amend the second paragraph as follows:  "In particular there shall be provided:      (a) a clear horizontal area in front of panels and cabinets. This area is defined as follows (N c):        - depth, measured from the external surface of the enclosures, at least 700 mm. This distance may be reduced to 600 mm in front of protruding controls (handles, etc.) ;                - width : the bigger of the following two values:  500 mm or  full width of the cabinet or panel;                          (b) (no change).";              - Sections 7.1.1 and 8.6.3.  Replace "10 mm" by "6 mm". However, the second sentence of section 0.1.2.2 does not apply to this new value;   - Section 8.2. Internal area of the car  At the bottom of table 1, replace the last three lines by the following:  "If the rated load exceeds that indicated in the table for the area of the car, the maximum number of persons must correspond to the actual available area of the car.";   - Section 8.13.1.  Add the following requirement:  "The car roof must be so designed as to permit the installation of a balustrade. Member States may lay down that, in their territory, installation of a balustrade on the car roof is compulsory.";   - Section 9.1.2 (c)  Replace by the following:  "The other characteristics (construction, extension, ovality, flexibility tests ...) must at least correspond to those laid down in the relevant ISO international standards. If no such standards exist, the national standards and requirements of the Member State where a lift is installed must be complied with when lifts are being installed.";   - Section 10.5.3.1 (b) 2.  Replace by the following:  "2. open by an electrical safety device (14.1.2) the circuit directly supplying the coils of two contactors, the contacts of which are in series in the circuits supplying the motor and brake. Each of the contactors shall be capable of breaking the circuit under load.";      - Section 11. CLEARANCE BETWEEN CAR AND WALLS AND BETWEEN CAR AND COUNTERWEIGHT           - Section 11.2. Clearance between car and wall in the case of lift cars with doors  (no change);   - Section 11.3. Clearance between car and wall in the case of lift cars without doors  (no change);  Add the following new subsection:  "11.4. Clearance between car and counterweight  The car and associated components shall be at a distance of at least 0,05 m from the counterweight (if there is one) and associated components.";   - Section 12.4.2.1.  Add the following:  "All the mechanical components of the brake which take part in the application of the braking action on the drum or disc must be installed in two sets and be of dimensions such that if one of the components were not working on the brake drum or disc a sufficient braking effect to slow down the car when containing the allowable load would continue to be exercised. However, for five years as from the entry into force of this Directive, Member States shall remain free to decide whether or not to impose this requirements.";    - Section 13.1.1.2.  Replace by the following:  "National regulations relating to electricity supply circuit shall apply as far as the input terminals of the switches referred to in 13.1.1.1. They shall apply to the whole lighting circuit of the machine room, the pulley room and the well and pit.";   - Section 13.1.1.3.  Inasmuch as Standard EN 81-1 contains no special provisions for components of the electrical installations for lifts, Directive 73/23/EEC shall apply to them;   - Section 13.1.1.4.  Replace by the following:  "The electrical installations for lifts must:      (a) comply with the requirements stated in the Cenelec harmonized documents accepted by the national electro-technical committees of the EEC Member States;           (b) where no harmonized documents on electrical installations as referred to in (a) exist, comply with the requirements of the national rules of the country in which the lift is installed.";              - Section 13.1.2.  Replace by the following:  "In the machine and pulley rooms protection against direct contact by means of casings providing a degree of protection of at least IP 1 X is necessary.";   - Section 13.2.1.3.  Amend as follows:  "Both for the main contactors referred to in 13.2.1.1 and for the relay contactors referred to in 13.2.1.2, it may be assumed in the measures taken to comply with 14.1.1.1 that :" ... (remainder unchanged);   - Section 13.3.  Replace by the following:  "      13.3.1. Motors directly connected to the mains shall be protected against short-circuiting.           13.3.2. Motors directly connected to the mains shall be protected against overloads by means of manual reset (except as provided for in 13.3.3) automatic circuit-breakers which shall cut off the supply to the motor in all live conductors.           13.3.3. When the detection of overloads operates on the basis of temperature increases in the windings of the motor, the circuit-breaker may be dosed automatically after sufficient cooling down has taken place.           13.3.4. The provisions of 13.3.2 and 13.3.3 apply to each winding if the motor has windings supplied by different circuits.           13.3.5. When the lifting motors are supplied by d.c. generators driven by motors, the lifting motors shall also be protected against overloads.           ";   - Section 13.5.3.5.  Add at the end:  "or shall terminate in a suitably constructed gland.";    - Section 13.5.4.  Replace by the following:  "Connectors and devices of the plug-in type placed in safety device circuits shall be so designed and arranged that if their withdrawal does not require the use of a tool it is impossible to reinsert the plug incorrectly.";   - Section 13.6.2.  Replace "in accordance with 438 of Cenelec HD 224" by "in accordance with Chapter 41, Section 411 of HD 384";   - Section 14.1.2.1.2.  This section is deleted;   - Section 14.1.2.1.6.  Replace by the following:  "In safety circuits comprising two or more parallel channels all information other than that required for parity checks shall be taken from one channel only.";   - Section 14.1.2.1.8.  Replace the first sentence of this section by the following:  "The construction and arrangment of the internal power supply units shall be such as to prevent the appearance of false signals at out-puts of electric safety devices due to the effects of switching.";   - Section 14.1.2.2.1.  Replace by the following:  "The operation of a safety contact shall be by positive separation of the circuit-breaking devices. This separation shall occur even if the contacts are welded together.  Positive opening is achieved when all the contact-breaking elements are brought to their open position and when for a significant part of the travel there are no resilient members (e.g. springs) between the moving contacts and the part of the actuator to which the actuating force is applied.  The design shall be such as to minimize the risk of a short-circuit resulting from component failure.";   - Section 14.1.2.2.2.  Add:  "The safety contacts shall belong to the following categories as defined in publication IEC 337-1:      (a) AC 11 for safety contacts in a.c. circuits;           (b) DC 11 for safety contacts in d.c. circuits.";             Substitute "enclosure" for "sheathing";   - Section 14.1.2.2.3.  Substitute "enclosure" for "sheathing";   - Section 14.1.2.2.5.  Delete the words "If the contact elements rub on insulating parts.";    - Section 14.1.2.3.1.  This section is deleted;  Amend the numbering:  "14.1.2.3.2." becomes "14.1.2.3.1."  "14.1.2.3.3." becomes "14.1.2.3.2.";   - Section 14.1.2.3.3.  Add the following paragraph:  "(d) In redundancy-type circuits measures shall be taken to limit as far as possible the risk of defects occurring simultaneously in more than one circuit arising from a single cause.";   - Section 14.1.2.5.  Replace by the following:  "In the case of redundancy-type safety circuits, it shall be ensured by mechanical or geometric arrangements of the transmitter elements that a mechanical fault shall not cause loss of redundancy.  Transmitter elements of safety circuits shall withstand, independently of the direction, a vibration of sine-wave form, with a frequency f of between 1 Hz and 50 Hz and an amplitude a (mm) which is given as a function of f by the equations: >PIC FILE= "T0026393">   Transmitter elements of safety circuits mounted on cars or doors shall withstand, independently of the direction, an acceleration of ±30 m/sec2.  Note : Where shock absorbers for transmitter elements are fitted they shall be considered as part of the transmitter elements.";   - Section D.2 (j) 2.  Add the following:  "However, each Member State may fix a testing speed higher than that indicated but not exceeding the nominal speed (N b).":   - Section F.O.2.5.  Add the following:  "In accordance with Article 13 (2) of Directive 84/528/EEC."       3. In so far as certain sectors designated in the standard in accordance with section 0.1.4 by N a, N b or N c, may remain within the scope of national regulations, each Member State shall, six months after the Directive is published, inform the Commission and the other Member States of the conditions to be fulfilled within its national territory.          ANNEX II  LIST OF LIFT COMPONENTS SUBJECT TO EEC TYPE-EXAMINATION AND EEC  INSPECTION IN ACCORDANCE WITH ARTICLE 2 (1)    1. Landing-door locking devices;       2. Overspeed governors (car and counterweight);       3. Safety gears (car and counterweight);       4. Buffers (energy accumulation type with buffered return movement and energy dissipation buffers).  (1) As soon as the requirements for landing doors are supplemented as regards behaviour in fire, in accordance with the procedure laid down in Article 5, they will also be subject to EEC type-examination and EEC inspection.          ANNEX III  MODEL EEC TYPE-EXAMINATION CERTIFICATE >PIC FILE= "T0026394">