Government Regulation No. 122 / 2016 Coll.

Government Regulation on conformity assessment of lifts and their safety components

Valid Regulation Effective from 20.04.2016
122
GOVERNMENT REGULATION
of 30 March 2016
on the conformity assessment of lifts and their safety components
The Government mandates, pursuant to Sections 4 and 50 (5) of Act No. 90 / 2016 Coll., on the conformity assessment of specified products when making them available on the market ("the Act '):
§ 1
Subject matter
(1) This Regulation implements the relevant European Union1 Regulation and regulates the technical requirements for lifts and safety components for lifts which must be met when placed on the market or put into service, the conditions and procedures for making safety components for lifts available on the market and the conformity assessment procedures.
(2) This Regulation shall apply to lifts which serve permanently buildings or buildings and are intended for transport
(a) persons,
(b) persons and costs; or
(c) only costs, if the carrier is accessible, may be entered without difficulty and provided with a control device on the carrier or within the reach of the person on it.
(3) This Regulation shall also apply to safety components for lifts listed in Annex 3 to this Regulation which are intended for use in lifts referred to in paragraph 2.
(4) This Regulation shall not apply to:
(a) lifting appliances with a design speed not exceeding 0,15 m / s;
(b) building lifts;
(c) cableway installations, including cableway installations;
(d) lifts specially designed and constructed for military or police purposes;
(e) lifting appliances from which work may be carried out;
(f) mining installations;
(g) lifting equipment for stage equipment intended for lifting performers during the performance;
(h) lifting appliances in means of transport;
(i) lifting equipment connected with machinery and intended solely for access to the workplace, including maintenance and inspection points on machinery;
(j) gear rails; and
(k) moving steps and moving walkways.
(5) In cases where the risks related to lifts or safety components for lifts referred to in this Regulation are fully or partly covered by an adjustment in another European Union legislation or regulation directly applicable, this Regulation shall not apply to those lifts or safety components for lifts and those risks.
§ 2
Definition of terms
For the purposes of this Regulation:
(a) the carrier part of the lift on which persons or cargo may be present for lifting or launching;
(b) a representative lift with a model lift whose technical documentation indicates how the essential health and safety requirements set out in Annex 1 to this Regulation are met for lifts derived from a model lift defined on the basis of objective parameters, using identical safety components for lifts;
(c) the technical specification of the document which prescribes the technical requirements to be met by the lift or safety component for lifts.
§ 3
Technical requirements for lifts and safety components for lifts
The essential technical requirements for lifts and safety components for lifts shall be the essential health and safety requirements set out in Annex 1 to this Regulation, which shall be demonstrated by conformity assessment. The safety components for lifts shall allow them to meet the requirements of the lifts in which they are incorporated.
§ 4
Making available on the market and putting into service
(1) Elevations may be placed on the market and put into service only if they are correctly installed and, provided that they are maintained and used for the intended purpose, comply with the requirements laid down in this Regulation.
(2) The safety components for lifts may be made available on the market and put into service only if, provided that they are properly installed, maintained and used for the intended purpose, they comply with the requirements laid down in this Regulation.
(3) At trade fairs, exhibitions and demonstrations, lifts or safety components for lifts which are not in conformity with this Regulation may be demonstrated, provided that it is clear from the visible sign that those lifts and components are not in conformity and may not be placed or made available on the market until they have been brought into conformity. Safety measures shall be taken to ensure the safety of persons when demonstrating them.
§ 5
Manufacturer
(1) When placing safety components for lifts on the market, the manufacturer shall ensure that those safety components for lifts are designed and manufactured in accordance with Section 3, draw up the required technical documentation and carry out or have carried out the appropriate conformity assessment procedure provided for in Section 10.
(2) Where the conformity of the safety component for lifts with the essential requirements laid down in the conformity assessment procedure has been demonstrated, the EU manufacturer shall draw up a declaration of conformity, ensure that the safety component for lifts is attached and place the CE marking in accordance with Section 14.
(3) The manufacturer shall keep the technical documentation referred to in Annex 4 to this Regulation and the EU declaration of conformity and, where applicable, the approval decision for a period of 10 years from the placing on the market of the safety component for lifts.
(4) In order to protect the health and safety of consumers, the manufacturer shall carry out tests on samples of safety components for lifts made available on the market and the necessary investigations, where necessary in view of the risks posed by the safety component for lifts. These tests and investigations shall be carried out to the extent necessary to confirm or eliminate the existing risk. The manufacturer shall keep a register of complaints, non-compliant safety components for lifts and the withdrawal of safety components for lifts from circulation and shall keep distributors and suppliers informed of such activities.
(5) The manufacturer shall ensure that on the safety component for lifts which he has placed on the market a type or series number or serial number or other element enabling it to be identified, or in cases where the size or nature of the safety component for lifts does not allow the required information to be indicated on the label inextricably attached to the safety component for lifts.
(6) The manufacturer shall indicate on the safety component for lifts or, if this is not possible, on the label inextricably attached to the safety component for lifts his name or business name or trade mark, as the case may be, and the address for service at which he can be contacted. The delivery address shall be the address of the place at which the manufacturer can actually be contacted. The contact details shall be given in a language easily understood by end-users and the supervisory authority.
(7) The manufacturer shall ensure that the safety component for lifts is accompanied by the instructions referred to in point 6.1 of Annex 1 to this Regulation in the Czech language. These instructions and any marking on the safety component shall be clear, understandable and easily understandable.
§ 6
Authorised representative
(1) An authorised representative appointed pursuant to Article 29 (3) of the Act may not be entrusted by the supplier to fulfil any of the obligations referred to in Article 29 (1) (a) of the Act, nor to draw up technical documentation pursuant to Article 29 (1) (b) of the Act, but may be authorised to keep the EU declaration of conformity, or to keep a document approving the quality system of the supplier and technical documentation and to enable it to provide synergies to the supervisory authorities.
(2) The authorised representative shall keep the EU declaration of conformity and, where applicable, the document of approval of the quality system of the manufacturer or supplier and the technical documentation for the purposes of the oversight authority for 10 years from the placing on the market of the safety component for lifts or lifts.
§ 7
Importer
(1) The importer shall, before placing the safety component for lifts on the market, ensure that the manufacturer carries out one of the conformity assessment procedures referred to in Article 10, has drawn up a technical file, that the safety component for lifts bears the CE marking, that it is accompanied by an EU declaration of conformity and the required documents and that the manufacturer complies with the requirements laid down in Article 5 (5) and (6).
(2) The importer shall indicate on the safety component for lifts, or, if this is not possible, on the packaging or on the document accompanying the safety component his name or business name or trade mark, as the case may be, and the address for service at which he can be contacted. The contact details shall be given in a language easily understood by end-users and the supervisory authority.
(3) The importer shall ensure that the safety component for lifts is accompanied by the instructions set out in point 6.1 of Annex 1 to this Regulation in the Czech language.
(4) The importer shall, in order to protect the health and safety of consumers, carry out tests on samples of safety components for lifts and the necessary investigations where appropriate in view of the risks posed by the safety component for lifts. These tests and investigations shall be carried out to the extent necessary to confirm or eliminate the existing risk. The importer shall keep a register of complaints, non-compliant safety components for lifts and the withdrawal of safety components for lifts and shall keep distributors informed of such control activities.
(5) The importer shall, for a period of 10 years from the placing on the market of the safety component for lifts, keep a copy of the EU declaration of conformity and, where appropriate, the decision on approval for the purposes of the supervisory authority and ensure that the technical documentation may be submitted to that authority on request.
§ 8
Distributor
Before making the safety component available on the market for lifts, the distributor shall verify that:
(a) the safety component for lifts bears the CE marking;
(b) the safety component for lifts is accompanied by an EU declaration of conformity, the required documents and instructions in accordance with point 6.1 of Annex 1 to this Regulation in the Czech language; and
(c) whether the manufacturer and importer have complied with the relevant requirements set out in Articles 5 (5), 5 (6) and 7 (2).
§ 9
Time for identification of operator
For a period of 10 years from the delivery of the safety component for lifts, the operator shall keep the data by which, at the request of the supervisory authority, the operator may be designated by the operator who supplied the safety component for lifts or by whom the safety component for lifts has been supplied.
§ 10
Conformity assessment procedures for safety components for lifts
The safety components for lifts shall be subjected to one of the following conformity assessment procedures:
(a) the type of safety component for lifts shall be subjected to the EU-type examination (Module B) set out in Part A of Annex 4 to this Regulation and conformity with the type shall be ensured by the procedure for checking conformity with the type of random selection as regards safety components for lifts (Module C2), as set out in Annex 9 to this Regulation;
(b) the type of safety component for lifts shall be subjected to the EU-type examination (Module B) set out in Part A of Annex 4 to this Regulation and conformity with the type shall be ensured by the procedure of conformity with the type based on product quality assurance as regards safety components for lifts (Module E), as set out in Annex 6 to this Regulation,
(c) conformity assessment based on full quality assurance (module H) in accordance with Annex 7 to this Regulation.
§ 11
Conformity assessment procedures for lifts
(1) The lifts must be subjected to one of the following conformity assessment procedures:
(a) where they have been designed and manufactured in accordance with a model lift which has been subjected to an EU type-examination (Module B) in accordance with Part B of Annex 4 to this Regulation, they shall be further subjected to:
1. the final inspection of lifts referred to in Annex 5 to this Regulation;
2. conformity with the type based on product quality assurance with regard to lifts (module E) as set out in Annex 10 to this Regulation; or
3. conformity with the type based on quality assurance of production with regard to lifts (Module D) as set out in Annex 12 to this Regulation; or
(b) if they have been designed and manufactured in accordance with the approved quality system (module H1) in accordance with Annex 11 to this Regulation, they shall be further submitted to:
1. the final inspection of lifts referred to in Annex 5 to this Regulation;
2. conformity with the type based on product quality assurance with regard to lifts (module E) as set out in Annex 10 to this Regulation; or
3. conformity with the type based on quality assurance of production in respect of lifts (Module G) as set out in Annex 12 to this Regulation; or
(c) conformity based on the verification of each individual product with regard to lifts (module E) as set out in Annex 8 to this Regulation; or
(d) conformity based on full quality assurance and design review with regard to lifts (module H1) as set out in Annex 11 to this Regulation.
(2) In the cases referred to in paragraph 1 (a) and (b), where the person responsible for the design and manufacture of the lift is not identical to the person responsible for the installation and testing of the lift, the person responsible for the design and manufacture of the lift shall make available all necessary documents and information to enable the person responsible for the installation and testing of the lift to ensure the correct and safe installation and testing of the lift.
(3) All permitted differences between a model lift and lifts derived from a model lift shall be clearly specified in the technical documentation (with maximum and minimum values).
(4) The similarity of the type series of devices may be demonstrated by calculation or design drawings to demonstrate how the basic technical requirements have been met.
§ 12
Presumption of conformity
Where an elevator or safety component for lifts is in conformity with harmonised standards to which references in the Official Journal of the European Union or parts thereof have been published, it shall be deemed to comply with the essential technical requirements to which those standards or parts thereof apply.
§ 13
EU declaration of conformity
(1) The EU declaration of conformity demonstrates compliance with the essential technical requirements.
(2) The EU declaration of conformity shall be drawn up in accordance with the model set out in Annex 2 to this Regulation. The declaration shall contain the information set out in one of the Annexes No 5 to 12 to this Regulation and shall be kept up to date. The EU declaration of conformity shall also be translated into the language or languages required by the Member State of the European Union in which the lift or safety component for lifts is placed or made available on the market.
(3) Where a lift or safety component for lifts is subject to several European Union harmonisation rules providing for the drawing up of an EU declaration of conformity, a single EU declaration of conformity shall be drawn up with references to all those provisions under which conformity has been assessed, including references to their publication. This single EU declaration of conformity may take the form of a component consisting of declarations of conformity issued for each Regulation.
§ 14
CE marking and other markings
(1) Before placing on the market, the CE marking shall be placed on each lift cage and on each safety component for lifts or, if this is not possible, on a label inextricably attached to the safety component for lifts.
(2) The CE marking shall be accompanied by the identification number of the notified body which participated in the conformity assessment of the lift under one of the following procedures:
(a) the final inspection referred to in Annex 5 to this Regulation;
(b) verification of each individual product (module G) in accordance with Annex 8 to this Regulation;
(c) quality assurance (modules E, H1 or D) in accordance with Annexes 10, 11 or 12 to this Regulation.
(3) The identification number referred to in paragraph 2 shall be affixed by the notified body itself or by the supplier or his authorised representative, as its instructions.
(4) The CE marking shall be accompanied by the identification number of the notified body which participated in the conformity assessment of the safety component for lifts according to one of the following procedures:
(a) product quality assurance (module E) in accordance with Annex 6 to this Regulation;
(b) full quality assurance (module H) as set out in Annex 7 to this Regulation;
(c) checking compliance with the random selection type with regard to safety components for lifts (Module C2), as set out in Annex 9 to this Regulation.
(5) The identification number referred to in paragraph 4 shall be affixed by the notified body itself or by the manufacturer or his authorised representative, following its instructions.
(6) The CE marking and, where appropriate, the identification number of the notified body may be followed by any other mark indicating a specific risk or use.
§ 15
Formal deficiencies
A formal deficiency shall be considered to be:
(a) the CE marking has been placed in breach of Article 30 of Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93 or Article 14 (1);
(b) the CE marking has not been affixed;
(c) the notified body's identification number has been located in contravention of § 14 or has not been located in breach of § 14;
(d) the EU declaration of conformity has not been drawn up;
(e) the EU declaration of conformity has not been drawn up in accordance with this Regulation;
(f) the technical documentation referred to in Parts A and B of Annex 4 to this Regulation in Annexes 7, 8 and 11 to this Regulation is missing or incomplete;
(g) the name or business name or trade mark, if any, or the address for service of the manufacturer, supplier or importer have not been indicated in accordance with § 29 (1) (g) of the Act, § 5 (6) or § 7 (2);
(h) the information enabling the identification of lifts or safety components for lifts has not been provided in accordance with § 29 (1) (f) of the Act or § 5 (5); or
(i) the lift or safety component for lifts are not accompanied by the instructions referred to in Section 29 (1) (h) of the Act or Section 5 (7) or are not in accordance with the relevant requirements.
§ 16
Transitional provisions
(1) Elevations complying with the requirements of Government Regulation No. 27 / 2003 Coll., as effective before the date of entry into force of this Regulation, may continue to be put into service if they were placed on the market before the date of entry into force of this Regulation.
(2) Safety components for lifts meeting the requirements of Government Regulation No. 27 / 2003 Coll., as effective before the date of entry into force of this Regulation, may continue to be made available on the market if they were placed on the market before the date of entry into force of this Regulation.
(3) Valid certificates and other documents certifying the facts established issued by the notified persons pursuant to Government Regulation No 27 / 2003 Coll., as effective before the date of entry into force of this Regulation, remain in force and are considered to be certificates and other documents certifying the facts established under this Regulation.
§ 17
Repeal
They shall be deleted:
1. Government Decree No. 27 / 2003 Coll., laying down technical requirements for lifts.
2. Government Regulation No. 127 / 2004 Coll., amending Government Regulation No. 27 / 2003 Coll., laying down technical requirements for lifts.
3. Government Regulation No. 142 / 2008 Coll., amending Government Regulation No. 27 / 2003 Coll., laying down technical requirements for lifts, as amended by Government Regulation No. 127 / 2004 Coll.
§ 18
Efficacy
This Regulation shall enter into force on 20 April 2016.
Prime Minister:
Sobotka v. r.
Minister for Industry and Trade:
Ing. Mládek, CSc., v. r.

Příloha č. 1

Annex No. 1 to Government Regulation No. 122 / 2016 Coll.
ESSENTIAL REQUIREMENTS FOR HEALTH AND SECURITY PROTECTION
INTRODUCTORY PROVISIONS
1. The obligations relating to essential health and safety requirements shall apply only if there is a risk for the lift or safety component for lifts when used in accordance with the conditions of the supplier or manufacturer.
2. The essential health and safety requirements contained in this Regulation are binding. However, the objectives they set may not be achievable under the current state of the art. In such cases, the lift or safety components for lifts shall be designed and constructed in such a way that they are as close as possible to those objectives.
3. a risk assessment shall be carried out by the manufacturer and the supplier in order to determine all risks related to lifts or safety components for lifts which it manufactures; These products must then be designed and manufactured in the light of this analysis.
1.
1.1 Application of Government Regulation No. 176 / 2008 Coll., on Technical Requirements for Machinery, as amended ("Government Regulation No. 176 / 2008 Coll.").
Where there is a relevant risk not listed in this Annex, the essential health and safety requirements applicable to the design and construction of machinery listed in Annex 1 to Government Regulation No 176 / 2008 Coll. The essential health and safety requirements referred to in point 1.1.2 of Annex 1 to Decree No 176 / 2008 Coll. shall apply in any event.
1.2. Carrier
The carrier part of the lift shall take the form of a cage. The lift cage shall be designed and constructed in such a way that its space and strength correspond to the supplier's maximum number of persons and the load capacity of the lift.
Where dimensions permit, the cage for lifts intended for the carriage of persons shall be designed and constructed in such a way that its construction does not obstruct or impede the access and use of persons with reduced mobility and allows for any appropriate adjustment which may facilitate their use.
1.3 Hanging and supporting devices
The suspension or support devices of the lift cage, its fastening and coupling components shall be selected and designed to ensure the necessary level of safety and minimise the risk of the cage falling, taking into account the conditions of use, materials used and production conditions.
Where ropes or chains are used to hang the cage, at least 2 separate ropes or chains shall be used, each with separate fixing. These ropes and chains shall not have any connections or entanglement unless this is necessary for fixing or creating meshes.
1.4. Load control (including excessive speed)
1.4.1 The lifts shall be designed, constructed and installed in such a way that, in case of excess load capacity, the command to move is prevented.
1.4.2 The lifts shall be equipped with a speed limiter.
This requirement does not apply to lifts where the design of the drive prevents the speed being exceeded.
1.4.3. Speed draws shall be equipped with a control and speed limiting device.
1.4.4. The lift driven by friction discs shall be so designed as to ensure the traction of carrier ropes on the disc.
1.5 Extraction machinery
1.5.1. Every personal elevator must have its own elevator machine. This requirement shall not apply to lifts in which the balance weight is replaced by a second cage.
1.5.2. The supplier shall ensure that the lift machine and its equipment are inaccessible, except for maintenance and emergency cases.
1.6 Control
1.6.1 The controls of lifts intended for persons with reduced mobility shall be appropriately designed and located.
1.6.2 The function of the controls shall be clearly marked.
1.6.3. The call circuits of a group of lifts may be common or connected.
1.6.4 The electrical circuits of lifts shall be installed and connected so that:
(a) the possibility of confusion with circuits which have nothing to do with the lift is excluded;
(b) it was possible to turn on the power at load;
(c) the lift ride depended on electrical safety devices located in a separate electrical control circuit; and
(d) the failure in the electrical installation did not cause a dangerous situation.
2. Risks for persons outside the cage
2.1 The lift shall be designed and constructed in such a way that the space in which the cage moves is inaccessible, except for maintenance and emergency cases. Before entering this space, normal use of the lift shall be excluded.
2.2 The lift shall be designed and constructed in such a way as to prevent the risk of clamping of persons when the cage is in one of the end positions.
This requirement is met by free space or escape space within the end position area.
Since, in specific cases, in particular in existing buildings, such a solution is not possible, other appropriate measures may be applied, after the prior consent of the Member States of the European Union, to avoid that risk.
2.3 Seats for entrance and exit from the cage shall be equipped with a shaft door with adequate mechanical resistance to the expected operating conditions.
The locking device shall prevent during normal operation:
(a) the start of the cage, whether intended or not, until the shaft doors are closed and secured; and
(b) opening the shaft door if the cage is still in motion and outside the designated opening zone.
However, commuting with open doors in a specific band is permitted provided that the commuting speed is controlled.
3. Risks for caged persons
3.1 The lift cages shall be completely closed with full walls throughout the height, including the floor and ceiling, with the exception of ventilation holes, and with full doors. This door shall be so designed and installed that the cage cannot move unless the door is closed, except for the commuting referred to in paragraph 2.3, and shall stop when the door is open.
The door of the cage shall remain closed and secured if there is a stop between two floors, if there is a risk of falling between the cage and the shaft or if the lift is not in the shaft.
3.2 In the event of a power failure or failure on the components, the lift shall be equipped with a device to prevent the free fall of the cage or the uncontrollable movement of the cage.

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Regulation Information

CitationGovernment Regulation No. 122 / 2016 Coll., on conformity assessment of lifts and their safety components
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation18.04.2016
Effective from20.04.2016
Effective until-
Status Valid
The regulation text is for informational purposes only.
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