EFESME Activity report 2015-2016

Transcription

Activity Report
June 2015 - June 2016
European Federation for Elevator Small and MediumMedium-sized Enterprises
2
INDEX
CHANGES IN THE BOARD OF DIRECTORS
7
LEGISLATIVE FOLLOW-UP
8
EUROPEAN UNION INSTITUTIONS
9
COOPERATION WITH RELEVANT STAKEHOLDERS 12
ACTIVITIES RELATED TO STANDARDISATION
17
INTERNATIONAL EXHIBITIONS
19
EXTERNAL COMMUNICATION AND MEDIA
20
SUPPORTING DOCUMENTS
22
3
44
EFESME ACTIVITY REPORT
June 2015 - June 2016
EFESME represents from 11 years now one of the strongest representations in Europe
for the protection of SMEs in the lifts sector.
The last few years, marked by a severe economic and financial crisis, as well as
employment
and
social
crisis,
have
imposed
to
our
Federation
a
necessary
reorganization of the services offered and of its structure, with the aim to increasingly
seek to give concrete answers to the Associated Members.
In this sense EFESME, acting as a stakeholder and representative of the European lift
sector, is called to a greater commitment to defend the interests of the companies it
represents.
Here is presented the work done over the last year by the Directors of EFESME with
the support of the Brussels Office.
This report consists of 7 items:
► Changes in board of directors composition
► Legislative Follow up
► European Union Institutions
► Meetings With Relevant Stakeholders
► Activities Related To Standardisation
► International Exhibitions
► External Communication And Media
5
6
CHANGES IN THE BOARD OF DIRECTORS COMPOSITION
Following the General Assembly held on 15th October 2015 in Augsburg our board of
directors is now composed as follows:
- Mr Marcel Boutillier – President
- Mr Massimo Bezzi – Vice-President
- Mr Ralph Kanzler – Vice-President
- Mr Giuseppe Iotti – Secretary General
- Mr Bruno Venditti - Treasurer
As of January 2016 EFESME moved into new offices in the heart of the European
quarter. We are now located just a few steps away from the European Commission at
Rond-Point Schuman 6 in Confartigianato Imprese premises.
7
LEGISLATIVE FOLLOW UP
►
RECAST LITFS DIRECTIVE
The Recast of Directive 95/16/EC on the harmonisation of the laws of the Member
States relating to making available on the market of lifts and safety components for lifts
was indented to align this matter to the New Legislative Framework, in particular to the
Decision establishing a common framework for the marketing of products (Goods
Package).
EFESME followed this recast since its beginning, when the European Commission
proposal on this object was published in 2011. We tried to propose four amendments to
the Draft Report prepared by the Member of the European Parliament Zusana Roithova,
designed to better protect the small and medium enterprises of the lift sector, but
regrettably the amendments were finally not included in the document. To follow this
dossier EFESME had constant relations with the Rapporteur Ms. Roithova and with
several Permanent National Representations in Brussels. This Directive entered into
force on 19th April 2014 and Member states have had two years to adopt and publish
laws, regulations and administrative provisions necessary to comply with the new
provisions. For this reason, EFESME will continue take a careful look on how the new
Directive will be implemented in the Member States and will monitor to ward off
eventual side effects on the SMEs.
8
► AD-HOC GROUP ON HARMONISED STANDARDS IN
LIFTS DIRECTIVE
The European Commission requested the European Committee for Standardisation
(CEN) to draft harmonised standards in support of the implementation of essential
health and safety requirements identified in Annex 1 of the Lifts Directive 20014/33/EU
in particular by revising existing harmonised standards in order to make them fully
compatible with Directive 2014/33/EU.
The requested harmonised standards, while ensuring a high level of protection of health
and safety of persons, should also guarantee fair internal market and fair competition,
especially with respect to the technical specifications dealing with maintainability and
serviceability of lifts and safety components. They shall not overly restrict access to
relevant maintenance and diagnostic data, related interfaces and tools needed during
use phase of lifts.
The CCMC (CEN-CENELEC Management Centre) created an ad-hoc group to deal with
the draft standardisation request to the CEN. The group has to coordinate input from
the CEN technical board and to provide feedback during the drafting and the approval of
the request.
EFESME, together with SBS, appointed Mr Luciano Faletto as member of the ad-hoc
group. The first web-conference took place on the 5th February 2016.
Following a long term work at European level about the issue of the "tools" (physical
tools, instructions, diagnostic software), the European Commission has taken into
consideration this issue, evaluating the tools as necessary to assure safety and safe
functionality to the lifts, in the hands of the owner, whoever is the maintenance
company.
On 21st January 2016 EFESME contacted his members asking to report this "tools" issue
to the national experts who work in the National Standard Body and ask them to vote
against the proposal of the chairman of CEN/TC10 Mr. Gharibaan Esfandiar (Kone), who
says that CEN/TC10 doesn't agree about the requirements of the Commission, while
instead our SMEs agree with these.
9
► LEGAL ACTION TOWARDS THE EUROPEAN COMMISSION:
CORRIGENDUM REQUEST DIRECTIVE 2014/33/EU
EFESME addressed the European Commission a request for a corrigendum to the
Directive 2014/33/EU on 12th April 2016.
Given the definition of “recall” (“richiamo” in Italian) in article 2.18 and of “withdrawal
(“ritiro” in Italian) in article 2.19, there has been a mistake in the Italian translation in
articles 38 and 41.
Articles 38.4 and 41.2 in the English text correctly use the word “recall” in relation to a
lift, while the Italian text uses “withdrawal”. The word “withdrawal” should be used only
in relation to safety components for lifts, not to lifts.
Therefore, we proposed to modify the Italian text of the Directive 2014/33/EU as
follows:
Article 38.4 current text
Article 38.4 revised text
Qualora l’installatore non prenda
Qualora l’installatore non prenda
le
le
adeguate
entro
il
misure
termine
correttive
di
cui
al
adeguate
entro
il
misure
termine
correttive
di
cui
al
paragrafo 1, secondo comma, le
paragrafo 1, secondo comma, le
autorità di vigilanza del mercato
autorità di vigilanza del mercato
adottano
adottano
tutte
le
opportune
tutte
le
opportune
misure provvisorie per limitare o
misure provvisorie per limitare o
proibire
l’immissione
loro
proibire
l’immissione
mercato
nazionale
l’utilizzo
mercato
nazionale
sul
o
dell’ascensore interessato, oppure
dell’ascensore
per ritirarlo dal mercato.
oppure
mercato.
10
per
o
sul
loro
l’utilizzo
interessato,
richiamarlo
dal
Se
la
non
conformità
permane,
di
al
1
membro
interessato
adotta
le
membro
adeguate
misure
limitare
o
adeguate misure per limitare o
vietare l’utilizzo dell’ascensore o per
vietare l’utilizzo dell’ascensore o
ritirarlo dal mercato, o per limitare o
per richiamarlo dal mercato, o per
vietare la disponibilità sul mercato
limitare o vietare la disponibilità sul
del
mercato
del
ascensori o per garantire che sia
sicurezza
per
ascensori
richiamato o ritirato dal mercato.
garantire
che
sia
componente
di
Stato
Se la non conformità di cui al
paragrafo
per
lo
cui
sicurezza
per
paragrafo
1
permane,
interessato
lo
Stato
adotta
componente
o
richiamato
le
di
per
o
ritirato dal mercato.
Ms Raimonda Sneigiene (Policy Officer - Manager of the Lifts directive – DG Growth)
replied positively to our proposal. The European Commission will send a request for a
corrigendum of the Italian text of the directive 2014/33/EU to the Secretariat General
in the coming months.
11
COOPERATION WITH RELEVANT STAKEHOLDERS
►
MEMORANDUM EFESME-ELA
On the 18th September 2015 EFESME met with ELA (European Lift Association) and
ELCA (European Lift Components Association) to discuss some priority issues to be
addressed in common:
- Energy and Environment:
Energy Efficiency of Lifts and Energy Label
Follow-up of PCR/LCA/EPD work (Berlin open PCR workshops very successful)
ErD (EcoDesign), EED, Labelling Directive, Circular economy
- Standards and Directives:
CEN/TC 10 work
Lifts Directive recast, Machinery Directive
EN81-20-50 implementation
EN81-58 Lift Landing Doors
- Safety:
SNEL (support for national implementation)
Users’ and workers’ safety
- Accessibility:
Work to be re-initiated in common.
As a result of this meeting, on 29th February 2016 EFESME and ELA signed a
Memorandum of Understanding (MoU) on cooperation. The MoU is intended to
strengthen the cooperation between the two associations in order to reach common
positions on specific issues. Having regard to the importance of speaking with one voice
to the public and to the public or private organisations in the lift and escalator sector.
The aim of this MoU is to best defend and further the interests of the entire industry.
12
COOPERATION WITH SBS ON THE NEW GUIDE TO THE
APPLICATION OF THE LIFT DIRECTIVE 2014/33/EU
►
EFESME and SBS are collaborating in order to express their
common concerns regarding the New Guide to the application of
the Lift Directive 2014/33/EU. The issue concerns the complete
absence in the Guide of the importance of harmonised standards
as being the generally agreed safety state of art for compliance
with the essential requirements of the Lift Directive.
We also support the current efforts of the Commission (draft
mandate to CEN on lifts and safety components) to have all essential safety
requirements of the lift directive, including those meant to facilitate fair competition,
duly implemented within the CEN standards to be harmonised.
We fear that excluding the reference to harmonised standards as the safety state of art
for compliance in the Guide might be used by big players to easily overcome
harmonised standards.
EFESME jointly with SBS noticed the European Commission of the critical issues which
are at stake for small and medium-sized enterprises in the Lift Sector regarding the
upcoming publication of the Guide to the application of the Lift Directive 2014/33/EU.
SBS experts participating in the Lift Working Group in charge of drafting the Guide have
extensively contributed to the process and have recently provided comments and
proposed modifications to the Guide. We are concerned that our comments are not
being taken into consideration and the Guide could be published without our
amendments.
The issue concerns the complete absence in the Guide, contrary to the previous one on
Lift Directive 95/16/EC, of the importance of harmonised standards as being the
generally agreed safety state of art for compliance with the essential requirements of
the Lift Directive.
On the other hand, the Lift Directive 2014/33/EU enables installers and manufactures to
comply with its requirements by designing and manufacturing their products in line with
the harmonised standards, which are specifically developed to allow a presumption of
conformity with those requirements. While standards are voluntary, harmonised
standards for lifts are specifically designed to fulfil the Essential Safety Requirements. A
reference to harmonised standards therefore needs to be included in the Guide.
While the Guide itself will not be binding, we believe it is of the utmost importance that
it takes into account the reality of the market as it will be used for the interpretation
and implementation of the Directive.
13
This means that any alternative solution, somehow accepted by notified bodies which
are not obliged to make a comparison with the harmonised standards, could be
considered as complying with the Directive.
We therefore asked Mr Felipe Girão (Head of Unit Advanced Engineering and
Manufacturing
Systems)
to
analyse
our
comments
again
and
to
include
our
amendments in the final version of the Guide. We shared a similar letter with Mr JeanFrançois Aguinaga (Head of Unit for Standards for growth) highlighting the issue and
stressing our concerns. We also enclosed to this letter the specific modification to the
Guide we ask for, prepared by EFESME, and already shared with the Lift Working Group.
On the 25th May 2016 we met with Mr Girão and Ms Sneigiene together with SBS
Director, Ms Christel Davidson and Advisor, Ms Chiara Aprea at DG Growth to present
our position and our comments. The Guide is still under revision by the legal advisors
and prior to the publication it has to be endorsed by the working group. As all this
process will still take some time, the Commission welcomes our suggestions and will
look into them.
14
►
ENERGETIC CLASSIFICATION
During the meeting of 18th September 2015 between EFESME, ELA and ELCA, one of
the issues that has been discussed concerned the PCR (Product Category Rule)
development and the implementation of the new Lift Directive 2014/33/EU.
The regulatory requirement concerning energy consumption and environmental impact
are:
- Ecodesign directive 2009/125/EU and Energy Labelling 2010/30/EU
- Directive 2010/31/EU on the energy performance of buildings
- Directive 2012/27/EU on energy efficiency
On the 15th October 2015 the EPD (Environmental Product Declaration) published a
PCR (Product Category Rules) for the assessment and declaration of the environmental
performance (by means of an EPD®) of lifts, which is a sub-set of UN CPC 4354 Lifts,
skip hoists, escalators and moving walkways. The PCR will remain valid until the 14th
October 2019.
The development of this PCR document has been led by the PCR Working group at ELA.
EFESME and other different representatives of the lift sector, such as electric and
hydraulic lift manufacturers, lift component manufacturers, lift associations and other
stakeholders like research centres and consultants have been involved in the process.
The document can be download here: http://www.environdec.com/en/PCR/Detail/?
show_login=true&error=failure&Pcr=9211#login-window
The EPD is defined as the document containing the quantification of the environmental
performance of a product by the appropriate categories of parameters calculated by
the methodology of the life cycle (Life Cycle Assessment, LCA). In order to prepare the
EPD the PCR framework is used. PCRs are product specific rules (Product Category
Rules) and guidelines that enable to arrange the LCA studies and the related type III
environmental declarations (ISO 14025).
EFESME is going through a process to evaluate the development of a software in
collaboration with other organisations to help enterprises in elaborating EPDs for lifts
based on the PCRs.
15
►
SBS-EFESME SEMINAR IN SPAIN
EFESME is working jointly with SBS to organize a national seminar in Spain on the 22nd
September 2016.
The national seminars aim at training and raising awareness among SMEs about the
benefits SMEs can gain on using standards. The seminar is targeted and geared towards
the specificities of standardisation in Spain.
The first part of the seminar will focus on standardisation and SMEs at European and
international level, the second part will be more oriented on lifts sector with a direct
participation of EFESME with presentations and speeches.
16
►
ACTIVITIES AT CEN AND ISO LEVEL
SBS, Small Business Strandards is the association that represents the interests of all EU
SMEs in the European standardisation system in its various forms as well as to raise
awareness for standardisation and facilitate the introduction and use of standards in
SMEs.
EFESME was one of its eight founding members, backing this project since its first
drafting as EC Call for proposal. The purposes of SBS are to involve directly in the
development of standards, represent and defend SMEs towards European and National
Organisations of Standardisation, and combine tools to ensure a sound understanding of
standards benefits and uses towards SMEs.
EFESME is a pillar for this project and was the only associate member to manage to
nominate two technical experts to attend CEN and ISO meetings; in this regard, Mr
Giuseppe Iotti and Mr Luciano Faletto were respectively appointed to defend SMEs’
voice. Moreover, our engagement in this activity has also a political connotation, as our
Vice President Mr Massimo Bezzi was appointed Vice President of SBS.
The technical activities have been successfully followed also this year by Mr Iotti and Mr
Faletto both on a European level (CEN - European Committee for Standardization) and
on an International level (ISO - International Organization for Standardization).
17
CEN meetings attended by Mr Iotti
Lift Working Group, 07/03/2015, Brussels – Belgium
CEN/TC10 WG 1, 26-27/02/2015, Brussels – Belgium
CEN/TC10 WG 1, ISO/TC178/WG11, 27-28/10/2015, London – UK
CEN/TC10 WG 1, 24-25/11/2015, Paris – France
CEN/TC10 Plenary, 26-27/11/2015, Paris – France
CEN/TC10 WG 1, 25-26/02/2016, Paris - France
CEN/TC10 WG 1, 7-8/06/2016, Lisbon - Portugal
ISO TC178 meetings attended by Mr Faletto:
ISO TC178 WG 4-TFC, 27-29/01/2015, Tokyo – Japan
ISO TC178 WG 4-TFC, 04/05/2015, Helsinki – Finland
ISO TC178 WG 4, 05-06/05/2015, Helsinki – Finland
ISO TC178 WG 6, 06-07/05/2015, Helsinki - Finland
ISO TC178 WG 4-TFC, 18-20/08/2015, London – UK
ISO TC178 WG 4-TFC, 19/10/2015, Tel Aviv – Israele
ISO TC178 WG 4, 20-21/10/2015, Tel Aviv - Israele
ISO TC178 WG 6, 21-22/10/2015, Tel Aviv – Israele
CEN TC10 /AH17, 23/10/2015, Tel Aviv – Israele
ISO TC178 WG 4-TFC, 26-28/01/2016, Irvine - California
ISO TC178 WG 4-TFC, 10/04/2016, Sydney - Australia
ISO TC178 WG 4, 11-12/04/2016, Sydney - Australia
ISO TC178 WG 6, 12-13/04/2016, Sydney - Australia
ISO TC178 Plenary, 14-15/04/2016, Sydney – Australia
18
INTERNATIONAL EXHIBITIONS
Participating in the international exhibition represents for EFESME one of the main and
best tools to promote itself and to search for new members.
Indeed, participating in international fair is always a good way to get in touch with new
stimulating environments, to exchange experiences and to explore new business
opportunities for our member companies. It also offers an excellent chance to meet
manufacturers, components makers and installers from different countries, with the aim
to exchange best practices and be up-to-date.
In this sense, we have identified the most promising annual events in terms of
international participation, able to represent a return of visibility to our businesses:
- Asansor in Istanbul (Turkey), 26th-29th March 2015
- Russian Elevator Week in Moscow (Russia), 9th-11th June 2015
- Interlift in Augsburg (Germany), 12th-16th October 2015
- ItaliaEleva in Rome (Italy), 16th-18th June 2016
19
EXTERNAL COMMUNICATION AND MEDIA
External communication is vital in order to increase our visibility to the outside. In this
regard, EFESME recently and progressively upgraded the website, to make it more
accessible and complete.
In addition, since social networks are nowadays an essential communication channel in
order to implement an effective strategy, we have also increased the EFESME activity on
Facebook and LinkedIn, as well as created a Twitter account, through which we receive
and exchange information and documents with regulatory bodies, interest groups and
associate members.
Meetings with possible new members: EFESME is working intensively to enlarge the
Federation. There has been an intense activity in trying to reach out new potential
members. Discussions are ongoing with some potential members. Two candidacies to
become Associate Member and one request for collaboration will be analysed during the
next General Assembly on the 28th June 2016.
20
21
Supporting
Documents
22
Who is EFESME?
EFESME represents and defends the interests of the European SMEs operating in the lift
sector and embodies a wider European initiative aiming to redefine the representation of
Lift SMEs.
EFESME was established in 2005 by 5 National associations of SMEs from 3 EU Member
States and up to date draws together 15 National associations of 13 European countries.
The Federation intends to provide European Institutions with technical and informative
support offering a clear and comprehensive view about the manufacturing systems of lifts,
including their normative implications. Furthermore, as a complementary institution to
other organizations, EFESME’s focus is to effectively contribute to the creation of “a single
voice” for the lift sector.
EFESME aims to be involved in all technical and regulatory issues that have a direct or
indirect effect on SMEs and on the competitiveness of the sector.
EFESME technical experts directly contribute to the work of the Technical Committee and
its Working Groups within the CEN TC 10, the European standardization body dealing with
lifts, escalators and moving walks. Moreover, an EFESME expert joined the ISO TC 178,
the technical committee of the International Organization for Standardization dealing with
our sector. EFESME experts also participate in the Lifts Standing Committee and Lifts
Working Group meetings, the bodies assisting the European Commission in the application
of the Lifts Directive 95/16/EC.
EFESME is broadly included in European Bodies representing the SMEs: the Federation is a
member of UEAPME since 2009 and became founding member of SBS – Small Business
Standards – in October 2013.
Brief overview on the European elevator market
The elevator market in Europe represented in 2012 a total value of around 10 billion
euros, corresponding to a sale of about 130.000 new elevators, a complete or semicomplete modernization of about 100.000 existing elevators, and the maintenance of 5,4
million units, the 50% of which date more than 20 years.
About 80% of this market value is therefore attributable to services, namely to
maintenance, repair and modernization of existing lifts.
Over 50% of the market is covered only by four multinational groups - Otis, Schindler,
Kone, ThyssenKrupp Elevator - with a smaller presence of other international brands such
as Mitsubishi (which are associated in ELA), and the rest of the market share is spread
over thousands of independent SMEs.
The productive capacity of multinationals in Europe - for instance the Western ones - has
collapsed in recent years; in Italy, which is the second industrial power in Europe, just a
single elevator factory lasted, while no Western Europe factory for escalator longer exists.
The majority of European SMEs are bound to national associations belonging to the
European Federation EFESME, which directly represents around 100.000 workers, that is
67% of the whole personnel employed in this sector.
Moreover, upstream the whole lift sector as properly defined, there is the independent
components industry (associated in ELCA), concentrated in a few countries, such as Italy,
Germany and Spain, and which has a relevant turnover and staff as well.
23
A matter of fair competition: the special tools issue
Competition has always been a strong component of the lift sector market due to the fact
that the big companies play a key role to detriment of micro, small and medium
enterprises.
To fit to the necessary security required for the functioning of the elevator on the market,
as well as to be competitive on the market, it is compulsory for maintainers to use on
place the so called special tools. The special tools allow any qualified maintainer in the
domestic market (i.e. with rules established at the national level, as they fall outside the
scope of the Directive) to operate the necessary emergency and elevator repair
operations, also through appropriate diagrams and instructions, which have to be present
on the lift, as established by the Lift Directive 95/16/EC.
Despite the requests made by the DG ENTR of the European Commission to the CEN/
TC10, which is responsible for the sector, the existing standards EN 81-1/2 at that time
were not amended to guarantee the results; moreover, the text of the new standards EN
81-20 and 50 which will replace them in 3 years is not considered enough clear and
comprehensive by SMEs to ensure the result.
The non-amendment of the standards now in force is surreptitiously justified by
representatives of multinationals by referring to a risk assessment which intentionally
ignores the existing situation with respect to the introduction of Machine Room-Less lifts.
It also ignores that, at the time of the introduction of the first MRL elevator, the "special
tools for rescue" had to be included in order to get the approval of the solution without
machine
room
by
the
Notified
Bodies
for
Lifts
involved.
Similar objections go for the EN 13015 on maintenance instructions, which is too general.
The example of the 2-way voice interface
In particular, every lift installed after the entry into force of the Directive 95/16/EC (and in
some countries even before it) must have a 2-way voice interface against the risk of
entrapment of people in the cabin, which communicates with an emergency service. Both
the hardware and the rules of communication and operation of emergency service should
be such that each maintainer and related emergency service can operate without
hindrances. The supplier should be chosen freely by the user, but in practice the presence
of codes protected by the original supplier of the lift in many cases prevents this freedom.
Unfortunately, the EN 81-28 released by CEN/TC10 does not enough to guarantee this
result.
The CEN/TC10 and its relation with SMEs
More generally, CEN/TC10 fails to adequately represent all stakeholders; some of them,
such as the unions of the workers concerned, are systematically absent, others such
consumers are rarely present; beyond political proclamations SMEs are underrepresented
because they are not given sufficient economic resources to guarantee qualified presence.
24
In accordance with the Directive there are notified bodies and some organizations in the
Member States, but, as evidenced by an easy analysis of the chairmanships of the
working groups (including the one of CEN/TC10), almost all the key positions are held by
employees of multinationals, and in its results the CEN/TC10 tends to reflect the interests
of the oligopoly of a few multinational companies.
Several cases of obstructionism by big companies
When some work escapes this kind of control from the part of the multinationals in the
CEN/TC10, then this is often subject to obstructionism. Recently, a working group chaired
by an Italian State representative has released in a record time the standard EN 81-77 on
elevators in seismic areas. Nevertheless, ELA wrote to the European Commission to ask
for a delay in its publication, basing its argument on the fact that "the industry will not be
ready".
Alongside the appropriate lift market, the one of platform lifts has developed; this product
is under the Machinery Directive 2006/42/EC, but always falls under the responsibility of
the CEN/TC10. The market of platform lift is predominantly held by independent
businesses - the specific Association EPSA was established - and with reference to rules
EN 81-41 and prEN 81-42 a persistent obstructive action was developed, maybe behind
the screen of some National standardisation body, but de facto ruled by ELA. Another
example is the issue of the standard EN 627 on data monitoring, which was frozen and
not extended to the standardization of coded transmission of data.
The post-sales service market as an oligopolistic market
These examples and other anti-competitive practices make the post-sales service market
(which as stated above represents the 80% of the whole lift market in Europe) have an
oligopolistic aim, because independent maintainers are hampered in getting the
information and the technologies needed to operate with effectiveness and safety.
Moreover, these practices contribute to restrict the competition also in the new elevators
market, since access to the necessary standards is restricted to a few subjects who have
produced them.
It is to underline that in the sector about thirty major CEN standards are currently ruling,
with a tendency to go to even more challenging ISO environment. In many European
Member States there is not even the technical and economic capacity to translate on time
all these standards and their revisions, while most persons employed in SMEs do not have
a good command of the three official languages for publication.
The evidence proved by fines for anti-competitive behavior in the maintenance
market
Sometimes the results of this situation emerge with clarity even at European level, as in
the well-known case of huge fines inflicted several years ago to some of these companies
in a series of Member States in Central and Northern Europe, due to anti-competitive
practices in the maintenance market, even against customers such as the European
institutions.
25
The controls at National level
Some Member States are identifying these situations at their level, which is useful, but it
should not be forgotten that the operations of multinational companies have a global or
however European logic, although parts of the legislation are at the national level, which
creates some ambiguity and operational difficulties. For example, a study of antitrust
authorities in the Basque Country was published and identified clearly the following
barriers to competition in the lift sector: a) technological barriers, b) maintenance
contracts, c) misinformation and consequent need for public information campaigns, d)
distortions in administrative authorisation of maintenance (this issue is of course pertinent
to various national situations).
The French Decree n° 2012-674 on maintenance
In July 2012 the French Government issued a Decree which very clearly and concisely
defines obligations which are unavoidable for elevator installers.
Given that the market includes operating elevator systems without instructions, equipment
and facilities essential to safely perform maintenance operations and rescue, this Decree
tries to hinder the current situation. Indeed, the owner of the lift should put at disposal of
the maintainer, if different from the installer, all the essential information and tools,
necessary for a safe and prompt maintenance. The provisions of article 3 of that Decree implemented to compensate the above highlighted shortcomings of harmonised technical
rules under European Directives – fully satisfy the EHSRs laid down in Annexes I to
Directives 95/16/EC (notably the 6.1 and 6.2) and 2006/42/EC (notably the 1.1.2):
Art. 3. − Après l’article R. 125-2-1 du code de la construction et de l’habitation est ajouté un
article R. 125-2-1-1 ainsi rédigé :
« Art. R. 125-2-1-1. − I. – 1o Toutes les parties de l’installation doivent être accessibles au
prestataire d’entretien pour l’exécution de sa mission. En conséquence, le ou les éventuels
codes d’accès à tout ou partie de l’installation ou toute autre forme de déverrouillage,
nécessaires à l’entretien, au dépannage ou à la remise en service doivent être fournis
intégralement sans frais et sans restriction de durée d’usage par le fabricant ou l’installateur
qui les a introduits sur l’installation au propriétaire de l’ascenseur qui pourra les remettre à
l’entreprise d’entretien de son choix.
« Notamment les dispositifs de téléalarme doivent être accessibles pour la réalisation des
tests cycliques et pour la modification du numéro de réception des appels ;
« 2o La documentation technique, les dispositions de remise en service, les outils spécifiques
et notices d’utilisation nécessaires à l’entretien, au dépannage ou à la remise en service de
tout ou partie de l’installation doivent être fournis, sans restriction de durée d’usage, par le
fabricant ou l’installateur au propriétaire de l’installation à sa demande, dans des conditions
de prix et de délais raisonnables. Le propriétaire remet ces éléments à la disposition de
l’entreprise d’entretien de son choix ;
« 3o Les dispositions de remise en service, les notices d’utilisation des outils, la
documentation technique doivent être suffisamment explicites pour permettre au prestataire
d’entretien de modifier les paramètres de fonctionnement pour les besoins de l’entretien, du
dépannage et de la remise en service sans diminuer le niveau de sécurité prévalant avant son
intervention.
« Elles devront également contenir toutes les informations nécessaires pour permettre au
prestataire d’entretien d’assurer la formation appropriée de son personnel; […]
26
The French National legislation on maintenance provided for the aforementioned lack
relieving in CEN standardisation by imposing stringent obligations to installers; this is
making the French national services market more competitive than earlier, but also more
competitive than the average of the other national markets in Europe.
27
Ms. Gunilla Almgren
SBS President
Rue Jacques de Lalaing 4
1040 Brussels
Brussels, 22nd January 2016
Dear President Almgren,
As you know, EFESME has always been committed to promote the implementation of essential health and
safety requirements concerning the Lift Directive 2014/33/EU.
EFESME is convinced that these standards can guarantee a high level of protection of health and safety of
persons as foster fair competition on the Union market, especially with respect to the technical
specifications dealing with maintainability and serviceability of lifts and safety components.
Recently, the CEN has diffused a document (see in annex) regarding the request from the European
Commission to harmonize standards in support of the implementation of essential health and safety
requirements identified in the Lifts Directive 2014/33/EU and their links with the related conformity
assessment procedure. In particular, the CE requests CEN to achieve this standardisation through some
steps, however without indications or restrictions on how this goal should be reached.
To implement the harmonisation process, the CEN proposes to set up an ad-hoc group, which will be the
group of reference to follow-up on the preparatory work and will allow coordinating input from BT
members and other relevant parties and providing timely feedback.
EFESME is strongly convinced that the commitment and involving of SBS in this ad-hoc group is
fundamental and necessary. Therefore, we would ask SBS to intervene in this matter and provide input
and comments to CCMC by 2nd February 2016.
Furthermore, it would be essential for EFESME to having an SBS expert engaged in the ad-hoc group. For
this reason, we would like to suggest our technical experience and Mr. Luciano Faletto will be fitting to
support SBS.
Best regards,
Giuseppe Iotti
Secretary General
28
Ms. Christel Davidson
SBS Director
Rue Jacques de Lalaing 4
1040 Brussels
Brussels, 29th March 2016
Dear Director Davidson,
As you might remember, we are greatly concerned about some items of the new guide to the lift directive
2014/33/UE which largely differ from the corresponding items included in the previous guide.
For your information we include a document in which we highlight and suggest to modify those items
which we consider most badly affecting the legitimate interest of the SMEs of our business.
Of course, we would like SBS to submit such document to the Commission as our contribution to the
improvement of the current text of the new guide.
In addition to that, in order to prevent that our considerations in the above document would not be duly
taken into account (this seems to have been the approach), we kindly ask you to propose an urgent
meeting with the SMEs Envoy, Ms. Bienkowska, to explain personally our deep concerns.
To support our request we suggest to highlight to Ms. Bienkowska that:
1. the publication of the current text of the new guide, if our proposals are not adequately
included, might make useless the current efforts of the Commission (see the draft new mandate to CEN)
to have all the essential safety requirements of the lift the directive duly implemented within the CEN
standards to be harmonized;
2. the intention of the new guide seems to be that of practicality excluding the benchmarking
importance of the harmonized standards, previously considered as the commonly acceptable state of the
art;
3. this means that any alternative solutions, somehow accepted by a notified body which is not
obliged to make a comparison with the harmonised standards, could be considered as in compliance with
the directive;
29
4. As it happens today, although the alternative solutions may not take into account those
requirements intended to guarantee fair competition in the after sales service.
This is, we think, quite clearly highlighted in our attached document, therefore we kindly insist that the
meeting with the SMEs envoy takes place well before the draft of the new guide for the lift the directive is
finalized and published. Please let us know if you would like that:
- we prepare a draft document which you might adapt to suit your request for a meeting with Ms
Bienkowska and
- some of our experts in these matters be available to support you for the meeting.
Thank you very much for your attention.
Best regards,
Giuseppe Iotti
Secretary General
30
Comments on the New Guide to the Lift Directive 2014/33/EU
Further to the request to examine the draft document and provide suggestions and/or comments to help
improving it, we would like to submit some modification proposals that are supported, at least partly, by
the meaning of the two LD Recitals n. 8 and n. 18, extracts of which are provided here below:
Recital n. 8
".. and to guarantee fair competition on the Union Market"
(see comment to § 40)
Recital n. 18 " … it is necessary to provide for a presumption of conformity for lifts
…….which are in conformity with harmonized standards ……that are
adopted ………….… for the purpose of expressing detailed technical
specifications of those requirements."
(see comments to § 24, § 40, § 92, § 94, § 177, § 178)
Rationale
The Recitals, although not legally binding as they are not part of the text of the Directive, give an
indication of the intentions of the drafters of the Directive . This makes clear that:
1. the Lift Directive is intended also to guarantee fair competition on the Union Market;
2. the harmonized standards, adopted even before the Lift Directive became fully mandatory, are
intended to represent the technical specifications to be taken as the reference means for
complying with the EHSRs of the Directive.
We therefore propose to modify the explaining paragraphs as listed below
Art. 2 (12)
§ 23 Technical Specifications
1. Delete The Blue Guide 4.3 provides comprehensive guidance on of the requirements for
documentation prescribing technical requirements.
2. Technical specifications can be provided by standards or any other technical document drafted
by authorised experts as well as by public or private organisations.
Delete They can establish a "minimum" as "essential requirements" or can be more detailed in
terms of specific technical solutions for design and manufacturing of a product.
Rationale
- The phrase in 1 above should be deleted as it is not correct, because the referenced Article 4.3
of the Blue Guide mentions technical documentation, with descriptions of the product, to be provided in
support of the conformity assessment, It does not mention documentation prescribing technical
requirements.
- The second phrase in 2. above should be deleted as it might be misleading. The explanation
might cause confusion as it mentions "essential requirements" which might be confused with the EHSR
requirements of the Directive. There is no need to mention those details in such explanation.
31
Art. 2 (13)
§ 24 on Harmonized Standard
We propose to reword the explanation as follows:
The quoted Regulation notes that ‘harmonised standard’ means a European standard adopted on the
basis of a request made by the Commission for the application of Union harmonisation legislation. The
Lifts Directive 2014/34/EU provides installers and manufacturers with the option of complying with its
requirements by designing and manufacturing to harmonised standards, which are developed specifically
to allow a presumption of conformity with those requirements, or directly in accordance with the essential
health and safety requirements of the Directive as long as they guarantee a safety level at least
equivalent to that given by applying the harmonised standards.
Rationale
Although it is correct to remind that the harmonized standards are voluntary, it is more important the
need to remind that the harmonized standards for lifts are provided to fulfil the ESRs (they are available
since before the first implementation of the Lift Directive!) and are a reference that must not be ignored
(see Recital n. 18)
Article 3 (3)
This Directive shall not affect Member States' entitlement to lay down in conformity with the Union law
such requirements as they may deem necessary to ensure that persons are protected when the lifts in
question are put into service or used, provided that this does not mean that the lifts are modified in a
way not specified in this Directive.
§ 35 Regulations on lifts in service
…
The Lifts Directive requires the installer of the lift to design the lift in such a way that maintenance,
inspection and rescue operations can be carried out safely. The lift installer must also provide the
necessary special tools (see Machinery Directive) and appropriate instructions for maintenance,
inspection, repair periodic checks and rescue operations that must accompany the lift in order to be
available on site – see comments on point 6 of Annex I. But the Lifts Directive does not regulate the
conditions under which maintenance, inspection or rescue operations must be carried out.
Art. 5 (1)
§ 40 Essential Health and Safety Requirements for lifts
A fundamental feature of the Lifts Directive 2014/33/EU, as for other Union harmonisation legislation, is
to limit legislative harmonisation to the essential health and safety requirements (EHSRs) that are of
public interest. These requirements deal with the protection of health and safety of users (e.g. consumers
and maintenance workers) and are also aimed at guaranteeing fair competition in the Union Market. (see
Recital n.8)
The essential health and safety requirements are set out in Annex I of the Directive, although no detailed
technical specifications are included. Such technical specifications can be provided for, in particular, by
European harmonised standards (voluntary) use of which confers presumption of conformity with the
relevant requirements. (see Recital n. 18 and § 94)
Rationale
The concern about the proper implementation of the harmonized standards should be made clear by an
evident and repeated reference to the importance of such standards as the benchmark for any other
alternative solution.
32
Art. 14
§ 92 Presumption of conformity of lifts and safety components for lifts
Voluntary harmonised standards are the only documents the application of which provides for
presumption of conformity in the sense of the Directive. Manufacturers and installers may also decide to
use other existing technical European, international or national standards and specifications regarded as
important, relevant or useful to cover the applicable essential health and safety requirements of the
Directive, together with additional controls addressing those other requirements not already covered. The
alternative solutions selected must provide a level of safety at least equivalent to that given by applying
the harmonized standards, which may practically represent the "state of the art" for such products. (see
§178 and Recital n. 18)
Rationale
It is of paramount importance that, when alternative solutions are adopted, the level of compliance with
the EHSRs of the Directive is always compared with the one provided by the implementation of the
harmonized standards which must be the recognized benchmark.
Art 16 (1)
§ 94
Conformity assessment of lifts
In the case of recourse to a full quality assurance system, if a lift design does not wholly comply with the
relevant harmonised standards, a design inspection must also be carried out by a Notified Body to assess
the conformity of the lift in respect of those aspects of the design which deviate from the harmonised
standards, by verifying that the level of safety is at least equivalent to the one attained when applying
the harmonized standards. (see § 178)
Rationale
The concern about the proper implementation of the harmonized standards should be made clear by an
evident and repeated reference to the importance of such standards as the benchmark for any other
alternative solution.
33
Article 38 (1)
§ 161
Risk assessment
Risk assessment is a substantial part of market surveillance. Considering the speed of product
development and the considerable amount of products that are made available on the market, there is no
possibility to inspect all products. Market surveillance is therefore in many cases performed as random
inspection after risk assessment. Risk assessment is basically necessary to determine the kind of risk
(low, medium, high or serious) and the proportionate measures in relation with the degree of risk.
Pursuant to Art. 20 of Regulation (EC) No 765/2008 the decision whether or not a product represents a
serious risk shall be based on an appropriate risk assessment which takes account of the nature of the
hazard and the likelihood of its occurrence. Further, no risk assessment is required for formal noncompliances (for example a lack of appropriate instructions is considered a formal non-compliance). (see
Recital n. 8)
Rationale
It is important to remind that also those "Essential Requirements" aimed at guaranteeing a fair
competition in the Union Market shall always be properly complied with, even when the harmonized
standards are non fully implemented. This type of non conformity should be immediately dealt with by
the Market Surveillance Authorities to prevent undue distortion in the market.
Annex 1 - Preliminary Remarks
§ 177
The state of the art
We propose to reword the second paragraph of the explanation as follows, deleting crossed text:
. No explanation is given of the notion of “the state of the art” in the Lifts Directive, however it is
generally understood that the notion includes both a technical and an economic aspect, e.g. the costs of
the solution is considerably higher than the financial consequences of the relevant risk. Solutions that
correspond to the state of the art are those using the most effective technical means that are readily
available at a given time and that can be applied for a cost that is proportionate to the total cost of the
product damages due to the relevant risk(s). (see § 178)
Rationale
There is no need to stimulate solutions which, based on economic simulations, might lead to widen the
gap between the objectives of the EHSRs and the practical level of compliance obtained. The harmonized
standards exist and can practically be considered as the reference to "the state of the art" at the time of
their publication. A solution included in a harmonized standard is considered as economically
"compatible". If an alternative solution giving an equivalent level of safety is not economically
"compatible", it should not be implemented as it would reduce le level of safety: a solution equivalent or
equal to the harmonized standard should be implemented instead.
(See also § 87 of previous LD Guide)
34
§ 178
Reference to harmonised standards
The development of the state of the art is reflected in the amendments or the revisions of harmonised
standards which timely introduce the technological improvements. Thus the appreciation of the technical
and economic aspects of the state of the art is not merely a matter for the individual judgment of
installers or manufacturers, since due account must be taken of the benchmark provided by harmonised
standards. (see Blue Guide 4.1.1)
Rationale
An inappropriate application of the risk assessment in standards or products development, might lead to
select new options which, to limit the costs, could reduce the compliance with the requirements of the
Directive, if compared with "the state of the art" based on the already existing harmonized standards.
Such adoption of new alternatives, sometimes claiming to implement technological progress (which is
expected to be an improvement), shall not be allowed when they reduce the compliance with the
requirements of the Directive.
35
European Commission
DG GROWTH
Ms Raimonda Sneigiene
Avenue d’Auderghem 45
1040 Brussels
Brussels, 12th April 2016
Subject: Directive 2014/33/EU - corrigendum request
Dear Ms Sneigiene,
We would like to request a corrigendum to the Directive 2014/33/EU.
Given the definition of “recall” (“richiamo” in Italian) in article 2.18 and of “withdrawal (“ritiro” in Italian)
in article 2.19, we think there has been a mistake in the Italian translation in articles 38 and 41.
Articles 38.4 and 41.2 in the English text correctly use the word “recall” in relation to a lift, while the
Italian text uses “withdrawal”. The word “withdrawal” should be used only in relation to safety
components for lifts, not to lifts.
Therefore, we think that the Italian text of the Directive 2014/33/EU should be modified as follows:
Qualora l’installatore non prenda le adeguate
misure correttive entro il termine di cui al
paragrafo 1, secondo comma, le autorità di
vigilanza del mercato adottano tutte le
opportune misure provvisorie per limitare o
proibire l’immissione sul loro mercato
nazionale o l’utilizzo dell’ascensore interessato,
oppure per ritirarlo dal mercato.
Qualora l’installatore non prenda le adeguate
misure correttive entro il termine di cui al
paragrafo 1, secondo comma, le autorità di
vigilanza del mercato adottano tutte le
opportune misure provvisorie per limitare o
proibire l’immissione sul loro mercato
nazionale o l’utilizzo dell’ascensore interessato,
oppure per richiamarlo dal mercato.
Se la non conformità di cui al paragrafo 1
permane, lo Stato membro interessato adotta
le adeguate misure per limitare o vietare
l’utilizzo dell’ascensore o per ritirarlo dal
mercato, o per limitare o vietare la disponibilità
sul mercato del componente di sicurezza per
ascensori o per garantire che sia richiamato o
Se la non conformità di cui al paragrafo 1
permane, lo Stato membro interessato adotta
le adeguate misure per limitare o vietare
l’utilizzo dell’ascensore o per richiamarlo dal
mercato, o per limitare o vietare la disponibilità
sul mercato del componente di sicurezza per
ascensori o per garantire che sia richiamato o
We remain at your disposal should you require any additional information.
Thank you very much for your attention.
Kind regards,
Giuseppe Iotti
EFESME Secretary General
36
37
EFESME - EUROPEAN FEDERATION FOR ELEVATOR SMALL AND MEDIUMMEDIUM-SIZED ENTERPRISES aisbl
RondRond-Point Schuman 6, c/o Confartigianato Imprese, 5th Floor, 1040 Bruxelles Tel: +32 2 2307414
E-mail: [email protected] - www.efesme.org
38

EFESME Activity report 2015-2016

Transcription

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