Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (Text with EEA relevance)
Corrected by
  • Corrigendum to Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC, 32016R0424R(01), September 30, 2016
Regulation (EU) 2016/424 of the European Parliament and of the Councilof 9 March 2016on cableway installations and repealing Directive 2000/9/EC(Text with EEA relevance) CHAPTER IGENERAL PROVISIONS
Article 1Subject matterThis Regulation lays down rules on the making available on the market and the free movement of subsystems and safety components for cableway installations. It also contains rules on the design, construction and entry into service of new cableway installations.
Article 2Scope1.This Regulation applies to new cableway installations designed to transport persons, to modifications of cableway installations requiring a new authorisation, and to subsystems and safety components for cableway installations.2.This Regulation does not apply to the following:(a)lifts covered by Directive 2014/33/EU;(b)cableway installations that are categorised by Member States as historic, cultural or heritage installations, that entered into service before 1 January 1986 and that are still in operation, and that have not had any significant changes in design or construction, including subsystems and safety components specifically designed for them;(c)installations intended for agricultural or forestry purposes;(d)cableway installations for the service of mountain shelters and huts intended only for the transport of goods and specifically designated persons;(e)on-site or mobile equipment exclusively designed for leisure and amusement purposes and not as a means for transporting persons;(f)mining installations or other industrial on-site installations used for industrial activities;(g)installations in which the users or their carriers are waterborne.
Article 3DefinitionsFor the purposes of this Regulation the following definitions apply:(1)"cableway installation" means a whole on-site system, consisting of infrastructure and subsystems, which is designed, constructed, assembled and put into service with the objective of transporting persons, where the traction is provided by cables positioned along the line of travel;(2)"subsystem" means a system listed in Annex I, or a combination thereof, intended to be incorporated into a cableway installation;(3)"infrastructure" means a station structure or a structure along the line specifically designed for each cableway installation and constructed on-site, which takes into account the layout and the data of the system and which is needed for the construction and the operation of the cableway installation, including the foundations;(4)"safety component" means any component of equipment or any device intended to be incorporated into a subsystem or a cableway installation for the purpose of ensuring a safety function, the failure of which endangers the safety or health of passengers, operating personnel or third parties;(5)"operability" means all the technical provisions and measures which have an impact on design and construction and are necessary in order for the cableway installation to operate safely;(6)"maintainability" means all the technical provisions and measures which have an impact on design and construction and are necessary for maintenance, having been designed to ensure that the cableway installation operates safely;(7)"cable car" means a cableway installation where the carriers are suspended from and propelled by one or more cables;(8)"drag lift" means a cableway installation where passengers with appropriate equipment are towed along a prepared track;(9)"funicular railway" means a cableway installation in which the carriers are hauled by one or more ropes along a track that may lie on the ground or be supported by fixed structures;(10)"making available on the market" means any supply of a subsystem or a safety component for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;(11)"placing on the market" means the first making available of a subsystem or a safety component on the Union market;(12)"entry into service" means the initial operation of a cableway installation with the explicit object of transporting persons;(13)"manufacturer" means any natural or legal person who manufactures a subsystem or a safety component or who has such a subsystem or a safety component designed or manufactured, and markets that subsystem or safety component under his name or trade mark or incorporates it into a cableway installation;(14)"authorised representative" means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;(15)"importer" means any natural or legal person established within the Union who places a subsystem or a safety component from a third country on the Union market;(16)"distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a subsystem or a safety component available on the market;(17)"economic operators" means the manufacturer, the authorised representative, the importer and the distributor of a subsystem or a safety component;(18)"technical specification" means a document that prescribes technical requirements to be fulfilled by a cableway installation, infrastructure, subsystem or safety component;(19)"harmonised standard" means a harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;(20)"accreditation" means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;(21)"national accreditation body" means a national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;(22)"conformity assessment" means the process demonstrating whether the essential requirements of this Regulation relating to a subsystem or safety component have been fulfilled;(23)"conformity assessment body" means a body that performs conformity assessment activities relating to a subsystem or safety component, including calibration, testing, certification and inspection;(24)"recall" means any measure aimed at achieving the return of a subsystem or a safety component that has already been made available to the person responsible for the cableway installation;(25)"withdrawal" means any measure aimed at preventing a subsystem or a safety component in the supply chain from being made available on the market;(26)"Union harmonisation legislation" means any Union legislation harmonising the conditions for the marketing of products;(27)"CE marking" means a marking by which the manufacturer indicates that the subsystem or the safety component is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing.
Article 4Making available on the market of subsystems and safety componentsSubsystems and safety components shall only be made available on the market if they comply with this Regulation.
Article 5Entry into service of cableway installations1.Member States shall, in accordance with Article 9, take all appropriate measures to determine the procedures for ensuring that cableway installations enter into service only if they comply with this Regulation and are not liable to endanger the health or safety of persons or property when properly installed, maintained and operated in accordance with their intended purpose.2.Member States shall, in accordance with Article 9, take all appropriate measures to determine the procedures for ensuring that the subsystems and safety components are incorporated into cableway installations only if they enable the construction of cableway installations which comply with this Regulation and are not liable to endanger the health or safety of persons or property when properly installed, maintained and operated in accordance with their intended purpose.3.Cableway installations which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the essential requirements set out in Annex II covered by those standards or parts thereof.4.This Regulation shall not affect Member States' entitlement to lay down such requirements as they may deem necessary to ensure that persons and, in particular, workers are protected when using the cableway installations in question, provided that this does not mean that the cableway installations are modified in a manner not covered by this Regulation.
Article 6Essential requirementsThe cableway installations and their infrastructure, subsystems and safety components shall meet the essential requirements set out in Annex II which apply to them.
Article 7Free movement of subsystems and safety componentsMember States shall not prohibit, restrict or impede the making available on the market of subsystems and safety components which comply with this Regulation.
Article 8Safety analysis and safety report for planned cableway installations1.The person responsible for the cableway installation, determined by a Member State in accordance with national law, shall carry out a safety analysis of the planned cableway installation or have such a safety analysis carried out.2.The safety analysis required for each cableway installation shall:(a)take into account all modes of operation envisaged;(b)follow a recognised or established method;(c)take into account the current state of the art and the complexity of the cableway installation in question;(d)ensure that the design and configuration of the cableway installation takes account of the local surroundings and the most adverse situations in order to ensure satisfactory safety conditions;(e)cover all safety aspects of the cableway installation and its external factors in the context of the design, construction and entry into service;(f)make it possible to identify from past experience risks liable to occur during the operation of the cableway installation.3.The safety analysis shall also cover the safety devices and their effects on the cableway installation and related subsystems that they bring into action so that the safety devices:(a)are capable of reacting to an initial breakdown or failure detected so as to remain either in a state that guarantees safety, in a lower operating mode or in a fail-safe state;(b)are redundant and are monitored; or(c)are such that the probability of their failure can be evaluated and their effects are of a standard equivalent to that achieved by safety devices that meet the criteria set out in points (a) and (b).4.The safety analysis shall be used to draw up the inventory of risks and dangerous situations, to recommend the measures envisaged to deal with such risks and to determine the list of subsystems and safety components to be incorporated into the cableway installation.5.The result of the safety analysis shall be included in a safety report.
Article 9Authorisation of cableway installations1.Each Member State shall lay down procedures for authorising the construction and the entry into service of cableway installations which are located within its territory.2.The person responsible for the cableway installation, determined by a Member State in accordance with national law, shall submit the safety report referred to in Article 8, the EU declaration of conformity and the other documents relating to the conformity of subsystems and safety components as well as the documentation concerning the characteristics of the cableway installation to the authority or body responsible for authorising the cableway installation. The documentation concerning the cableway installation shall also include the necessary conditions, including the restrictions on operation, and full details for servicing, supervision, adjustment and maintenance of the cableway installation. A copy of those documents shall be kept at the cableway installation.3.In the event that important characteristics, subsystems or safety components of existing cableway installations undergo modifications for which a new authorisation for entry into service is required by the Member State concerned, such modifications and their repercussions on the cableway installation as a whole shall satisfy the essential requirements set out in Annex II.4.Member States shall not use the procedures referred to in paragraph 1 to prohibit, restrict or hinder, on grounds related to the aspects covered by this Regulation, the construction and the entry into service of cableway installations which comply with this Regulation and do not present a risk to the health or safety of persons or to property when properly installed in accordance with their intended purpose.5.Member States shall not use the procedures referred to in paragraph 1 to prohibit, restrict or hinder the free movement of subsystems and safety components which comply with this Regulation.
Article 10Operation of cableway installations1.Member States shall ensure that a cableway installation remains in operation only if it complies with the conditions set out in the safety report.2.Where a Member State finds that an authorised cableway installation which is used in accordance with its intended purpose is liable to endanger the health or safety of persons or property, it shall take all appropriate measures to restrict the conditions of operation of the cableway installation or to prohibit the operation thereof.
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