7.9.95 Official Journal of the European Communities No 1.213/1 (Acts whose publication is obligatory) EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 95/16/EC of 29 June 1995 on the approximation of the laws of the Member States relating to lifts THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission ('}, Having regard to the Opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3) in the light of the joint text approved by the Conciliation Committee on 17 May 1995, Whereas Member States are responsible within their territory for the health and safety of people; Whereas paragraphs 65 and 68 of the White Paper on the completion of the internal market, approved by the European Council in June 1985, provide for a new approach to the approximation of laws; Whereas Council Directive 84/529/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to electrically, hydraulically or oil-electrically operated lifts (*) does not ensure freedom of movement for all types of lift; whereas disparities between the binding provisions of the various national systems for types of lift not covered by Directive 84/529/EEC constitute barriers to trade within the Community; whereas the national rules on lifts should therefore be harmonized; (') O] No C 62, 11. 3. 1992, p. 4 and O] No C 180, 2.7.1993, p. 11. {3) O] No C 287, 4. 11. 1992, p. 2. . {*) Opinion of the European Parliament of 29 October 1992 (O] No C 305, 23. 11. 1992, p. 114}, Council common position of 16 June 1994 (O] No C 232, 20. 8. 1994, p. 1) and Decision of the European Parliament of 28 September 1994 (O] No C 305, 31. 10. 1994, p. 48). () O] No L 300, 19. 11. 1984, p. 86. Directive as last amended by Directive 90/486/EEC (O] No L 270, 2. 10. 1990, p. 21). Whereas Council Directive 84/528/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for lifting and mechanical handling appliances () serves as a framework Directive  for two  specific  Directives, namely Directive 84/529/EEC and Council Directive 86/663/EEC of 22 December 1986 on the approximation of the laws of the Member States relating to self-propelled industrial trucks (¢), repealed by Council Directive 91/368/EEC of 20 June 1991 amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery (7); Whereas on 8 June 1995 the Commission adopted recommendation No 95/216/EC (*) to the Member States concerning improvement of safety of existing lifts; Whereas the essential requirements of this Directive will guarantee the intended level of safety only if appropriate conformity assessment procedures, chosen from among the provisions of Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be wused in the technical harmonization directives (°), ensure compliance therewith; Whereas the CE marking must be visibly affixed to lifts or to certain safety components of lifts which meet the essential health and safety requirements of this Directive to enable them to be placed on the market; Whereas this Directive defines only general essential health and safety requirements; whereas, in order to help manufacturers prove conformity with these essential (°) OJ No L 300, 19. 11. 1984, p. 72. Directive as last amended by Directive 88/665/EEC (O] No L 382, 31. 12. 1988, p. 42). () OJ No L 384, 31. 12. 1986, p. 12. (7 OJ No L 198, 22. 7. 1991, p. 16. (%) OJ No L 134, 20. 6. 1995, p. 37. (*) OJ No L 220, 30. 8. 1993, p. 23.