The Directive 95 / 16 / CE of the European Parliament and of the council, 29 June 1995, on the approximation of the laws of the Member States relating to the lifts, has been repealed with effect from the 20 April 2016, by the directive 2014 / 33 / HAT of the European Parliament and of the council, 26 February 2014, on the harmonisation of the laws of the member states in terms of lifts and security for lifts.

This Royal Decree incorporates the Spanish legal system the said directive 2014 / 33 / HAT of the European Parliament and of the council, 26 February 2014. That is compliance with the obligation under article 288 of the treaty of operation of the European Union (former Article 249 of the Treaty establishing the European community) which provides that “ the directive will force the Member state addressee regarding the result to be achieved, leaving, however, to national authorities the election of the form and the means ”.

In particular, through this Royal Decree implements article 45 of the directive to be transposed. therefore, it is necessary to repeal the provisions of the royal decree 1314 / 1997 of 1 August, which contains the provisions of application of the directive of the European Parliament and of the council 95 / 16 / CE on lifts.

This provision was dictates under Article 149.1.13ª Spanish constitution, which gives the State jurisdiction to determine the bases and coordination of the general planning of economic activity, and article 149.1.10ª of the constitution, which gives the State the exclusive competence, in the area of foreign trade, without prejudice to the competence of the autonomous communities in the industry.

On the other hand, article 12.5 of the current Law 21 / 1992 of July 16, industry, determines that the Industrial safety regulations state will be approved by the government of the nation and the article 25.c) of the law 50 / 1997 of 27 November, government, which must be in the form of Royal Decrees agreed in cabinet, decisions to adopt regulations of competition.

In accordance with article 24.1.c) of the law 50 / 1997 of 27 November, the government, communicates that the draft royal decree is available for the fulfillment of its handling of public information.

or by regular mail to the General Office of Industrial safety and quality (Paseo de la Castellana, 160 – Pl. 12, 28071 Madrid). The comments should be motivated and with alternative text.

Texto del Proyecto de Real Decreto [PDF] [373.77 KB]