Brussels, November 20, 2000

ENTR / G3 /BV : jv

TRANSPORT PLATFORMS

Measures to be proposed by the Commission

The Commission services have been informed that confusion has arisen as regards the application of European directives to some lifting devices. The term « lifting device » represents a device intended to raise/lower persons and/or goods.

As the range of lifting devices is wide, it was deemed necessary to clarify the different categories:

-1-       Escalator and passenger conveyor

-2-       Work-platform: platform intended for the transportation from one level to another level of persons and/or goods and from which work on the building's facade can be carried out.

-3-       Material hoist: hoist intended for the transportation from one specific level to another specific level of goods only. There is no possibility for persons to access the hoist when it is in use motion.

-4-       Transport-platform: a permanently installed platform intended for the transportation from one specific level to another specific level of persons and/or goods. Platforms intended for persons with impaired mobility are included in this category.

-5-       Construction site hoist intended for lifting persons or persons and goods: a temporary appliance serving specific levels of a building under construction.

-6-       Lift (Directive 95/16/EC): a permanently installed appliance, serving specific levels of buildings or constructions, having a load carrying unit 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,

            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

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Which directives apply to which categories ?

·      Category 1 is covered by Directive 98/37/EC related to machinery. Moreover, further to a Council decision, it is not included in Annex IV of the Directive (no risk of falling from a vertical height of more than 3 metres).

·      Category 2 is covered by Directive 98/37/EC related to machinery. If the difference of height is more than 3 metres, it is included in Annex IV of the Directive.

·      Category 3 is covered by Directive 98/37/EC related to machinery. It never falls within Annex IV, even if the height is more than 3 metres.

·      Category 4 is covered by Directive 98/37/EC related to machinery. If there is a risk of falling from a vertical height of more than 3 metres, it is included in Annex IV of the Directive.

·      Category 5 is covered neither by Directive 98/37/EC related to Machinery nor by Directive 95/16/EC related to lifts. There are no European Directives for this item. Therefore, they are subject to national regulations, if any.

·      Category 6 is covered by Directive 95/16/EC related to lifts.

In particular, as regards the transport platform, the attention of the Commission has been drawn up by the fact that some Member States consider these transport platforms as building hoists. Therefore, they apply to these transport platforms national regulations related to building hoists.

The opinion of the services of the Commission is that the Machinery Directive covers these transport platforms and that only the dispositions thereof are applicable.

It has to be noticed that it is NOT allowed for a Member State to impose, for a given product covered by a European Directive, more requirements that those laid down in this Directive.