S.I. No. 227/1989 - European Communities (Electrically Operated Lifts) Regulations, 1989.

S.I. No. 227 of 1989.

EUROPEAN COMMUNITIES (ELECTRICALLY OPERATED LIFTS) REGULATIONS, 1989.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred upon me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 84/529/EEC of 17 September 1984¹ (as amended by Commission Directive 86/312/EEC of 18 June 1986², on the approximation of the laws of the Member States relating to electrically operated lifts and to Council Directive 84/528/EEC of 17 September 1984³ on the approximation of thelaws of the Member States relating to common provisions for lifting and mechanical handling devices so far as the latter Directive has application with respect to the first mentioned Council Directive, hereby make the following Regulations:

¹ OJ No. L300, 19.11.1984, p.86.

² OJ No. L196, 18.7.1986, p.56.

³ OJ No. L300, 19.11.1984, p.72.

1 Citation and Commencement.

1. (1) These Regulations may be cited as the European Communities (Electrically Operated Lifts) Regulations, 1989.

(2) These Regulations shall come into operation on the 1st day of October, 1989.

2 Interpretation.

2. (1) In these Regulations—

the "Minister" means the Minister for Industry and Commerce;

"Member State" means Member State of the European Communities;

"Eolas" means Eolas—The Irish Science and Technology Agency;

"appropriate fee" means the fee referred to in Regulation 9;

"authorised officer" means—

( a ) an officer of the Minister, or

( b ) a person designated by Eolas to be an authorised officer,

appointed under Regulation 14 to be an authorised officer for the purpose of these Regulations;

the "Framework Directive" means Council Directive 84/528/EEC on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances;

the "Separate Directive" means Council Directive 84/529/EEC as amended by Commission Directive 86/312/EEC on the approximation of the laws of the Member States relating to electrically operated lifts;

"EEC type-examination certificate" means a certificate that a type of lift or lift component conforms with the EEC type-examination requirements and includes a certificate whose period of validity has been extended;

"EEC type-examination requirements" mean the requirements contained in the Framework Directive and Annex I of the Separate Directive;

"certificate of conformity" means a certificate of the type to which Regulation 6 relates;

"EEC mark" means a mark in the form set out in Annex I of the Framework Directive;

"lift" means any permanently installed electrically operated hoisting appliance 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 degrees to the vertical, but excluding—

( a ) 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;

( b ) lifts intended exclusively for the transport of goods;

( c ) 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;

"lift component" means—

( a ) landing-door locking devices;

( b ) overspeed governors (car and counterweight);

( c ) safety gears (car and counterweight);

( d ) buffers (energy accumulation type with buffered return movement and energy dissipation buffers),

designed for use with a lift.

(2) A word or expression that is used in these Regulations and is also used in the Framework Directive or the Separate Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the respective Directives.

(3) A reference in these Regulations to a Regulation is to a Regulation appearing in these Regulations.

(4) A reference in these Regulations to a paragraph is to the paragraph of the Regulation in which the reference occurs.

3 Scope.

3. These Regulations shall aply to lifts and lift components of the type to which the Separate Directive applies.

4 Application for EEC Type-Examination Certificate.

4. (1) A manufacturer or his authorised agent established in the European Communities may apply to Eolas for an EEC type-examination certificate in respect of a lift or lift component.

(2) The application shall be made in writing and shall contain such information and be supported by such documents as the Framework Directive and the Separate Directive require, including an undertaking by the manufacturer or his authorised agent established in the European Communities to comply with Regulations 7, 8 and 15, and such further information and supporting documents as Eolas may reasonably require.

(3) The application shall be accompanied by a written declaration by a manufacturer or his authorised agent established in the European Communities certifying that an application in respect thereof has not been lodged with any other authority in any Member State.

5 Grant of EEC Type-Examination Certificate.

5. (1) On receipt of an application for an EEC type-examination certificate in respect of a lift or lift component and on receipt of the appropriate fee, Eolas shall carry out or cause to be carried out on its behalf such checks, examinations and tests as are required under the Framework Directive and the Separate Directive.

(2) Where Eolas is satisfied that the lift or lift component, which is the subject of the application under Regulation 4, conforms to the EEC type-examination requirements, it shall issue an EEC type-examination certificate which shall be valid for a period of 10 years.

(3) Eolas shall be empowered, after payment of the appropriate fee, to extend the period of validity of an EEC type-examination certificate issued under these Regulations by a period of 10 years provided that the type of equipment in respect of which the application is made complies with the requirements laid down in the Framework Directive and the Separate Directive.

6 Certificate of Conformity and EEC Mark.

6. In respect of each lift or lift component for which an EEC type-examination certificate issued and is in force, a manufacturer—

( a ) may issue a certificate of conformity in the form set out in Annex IV of the Framework Directive with regard thereto, or

( b ) may place an EEC mark thereon in accordance with Annex 1 of the Framework Directive.

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7. A manufacturer or his authorised agent established in the European Communities who makes use of the EEC mark in accordance with Regulation 6 shall inform Eolas from time to time as that body may request of—

( a ) the date on which manufacture of the lifts or lift components commences; and

( b ) the places where the lifts or lift components are manufactured, warehoused or stored.

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8. A manufacturer who makes use of the EEC mark in accordance with Regulation 6 shall, through the inspection of lifts or lift components during their manufacture, ensure their compliance with the lift or lift component for which an EEC type-examination certificate has been issued. The manufacturer shall have at his disposal the equipment necessary for him to carry out such an inspection.

9 Fees.

9. (1) Eolas may charge a fee (the "appropriate fee") which shall be equal to the amount which Eolas estimates it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.

(2) Where the costs incurred are greater than the appropriate fee, the difference between those costs and that fee shall be payable by the manufacturer or his authorised agent to Eolas and where those costs are less than the appropriate fee, the difference between those costs and that fee shall be repayable by Eolas to the manufacturer or his authorised agent as the case may be.

10 Conformity Checks.

10. Eolas shall carry out or cause to be carried out on its behalf periodic checks on lifts and lift components of a type in respect of which an EEC type-examination certificate has been issued and is in force to ascertain whether they conform to the EEC type-examination requirements.

11 Refusal, Suspension or Withdrawal of EEC Type-Examination Certificate.

11. (1) An EEC type-examination certificate shall be liable to be withdrawn or suspended by Eolas in the circumstances specified in Articles 12 and 19 of the Framework Directive.

(2) On taking a decision refusing, suspending or withdrawing an EEC type-examination certificate (including a certificate whose period of validity has been extended or in respect of which an application for extension has been submitted), Eolas shall, as soon as practicable thereafter, send to the manufacturer a notice in writing of that decision stating the exact grounds on which it was based and informing the manufacturer of his right to apply for a review under Regulation 13 and of the time limit for making such an application.

12 Temporary Prohibition.

12. Where the Minister is of the opinion that a lift or lift component represents a safety or health hazard (whether or not it satisfies the EEC type-examination requirements), he may by direction in writing prohibit or restrict, for such period as is specified in the direction, the placing on the market or putting into service of that lift or lift component.

13 Review.

13. (1) Any person aggrieved by a decision of Eolas—

( a ) to refuse to grant an EEC type-examination certificate, or

( b ) to suspend or withdraw an EEC type-examination certificate,

may appeal to the Minister for a review of the decision.

(2) On an appeal under these Regulations, the Minister—

( a ) shall have the same powers and duties as Eolas has under these Regulations,

( b ) may hold an enquiry in connection with the appeal, and

( c ) may appoint an assessor for the purpose of assisting him with the appeal or enquiry.

(3) An appeal under this Regulation shall be made by written notice to the Minister which shall be lodged with him not later than 14 days from the date on which the notice of the decision in respect of which the appeal is made was given.

(4) A notice of appeal under this Regulation shall state the grounds on which the appeal is made and shall be accompanied by the following documents: a copy of the application for an EEC type-examination certificate, or a copy of the EEC type-examination certificate where an extension of the period of its validity is sought, together with every other document submitted to Eolas in connection with the relevant application and a copy of the notice from Eolas referred to in Regulation 11 (2).

14 Authorised Officers.

14. (1) The Minister may appoint persons to be authorised officers for the purposes of these Regulations and may revoke any such appointments.

(2) An authorised officer shall be furnished with a warrant of his appointment and when exercising any power to which the provisions of these Regulations apply shall, if so required, produce the warrant to any person affected.

15 Powers of Authorised Officers.

15. (1) An authorised officer may, on production of his authorisation if so required, at all reasonable times enter any premises, ship or other vessel, aircraft, railway wagon or other vehicle, in which he has reasonable grounds for believing that an item to which these Regulations apply is being manufactured, used, kept, stored, sold or prepared or transported for sale and at such place or at any other place—

( a ) inspect and take copies of or extracts from any books, records or other documents which he finds in the course of his inspection,

( b ) make such examinations, tests and inspections, and take samples of any materials or articles as he may consider appropriate for the purposes of these Regulations.

(2) A person in charge of any premises, ship or other vessel, aircraft, railway wagon or other vehicle, and any person employed in connection therewith, shall—

( a ) afford to an authorised officer such facilities and assistance as are reasonably necessary to enable the officer to perform his functions under these Regulations,

( b ) produce to an authorised officer any books, documents or other records which are in that person's power or control and to give to him such information as he may reasonably require in regard to any entries in such books, documents or records, and

( c ) give to an authorised officer any other information which he may reasonably require.

16 Offences.

16. (1) A person who:

( a ) obstructs or interferes with an authorised officer in the course of exercising a power conferred on him by these Regulations or fails or refuses to comply with a request made by, or to answer a question asked by, an authorised officer pursuant to these Regulations, or

( b ) contravenes in any other way any provision or requirement of, or under, these Regulations,

shall be guilty of an offence

(2) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall also be guilty of an offence.

(3) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 proceedings for an offence under these Regulations may be instituted at any time within one year from the date on which the offence was committed.

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17. An offence under these Regulations may be prosecuted by the Minister.

GIVEN under my Official Seal, this 6th day of September, 1989.

DESMOND O'MALLEY,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to EEC Directives on the approximation of the laws of the Member States relating to electrically operated lifts. The Regulations apply to lifts and lift components.

The Regulations come into effect on the 1st day of October, 1989. They provide, inter alia, for (i) Eolas to issue EEC-type examination certificates in respect of electrically operated lifts and lift components, (ii) a manufacturer to issue a certificate of conformity in respect of a lift or lift component, (iii) a manufacturer or his authorised agent established in the European Communities to place an EEC mark on a lift or lift component, (iv) periodic checks to ensure compliance with requirements of the Regulations and (v) a review by the Minister, at the request of an aggrieved person, of a decision of Eolas in relation to an EEC-type examination certificate.