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Directive 2000/9/EC cableway installations

CHAPTER I
GENERAL PROVISIONS

Article 1

  1. This Directive shall apply to cableway installations designed to carry persons.
  2. For the purposes of this Directive "cableway installations designed to carry persons" shall mean installations made up of several components, designed, manufactured, assembled and put into service with the object of carrying persons.
    These on-site installations are used for the carriage of persons in vehicles or by towing devices, whereby the suspension and/or traction is provided by cables positioned along the line of travel.
  3. The installations concerned are:
    1. funicular railways and other installations with vehicles mounted on wheels or on other suspension devices where traction is provided by one or more cables;
    2. cable cars where the cabins are lifted and/or displaced by one or more carrier cables; this category also includes gondolas and chair lifts;
    3. drag lifts, where users with appropriate equipment are dragged by means of a cable.
  4. This Directive shall apply to:
    1. installations built and put into service, as from its entry into force
    2. subsystems and safety components placed on the market, as from its entry into force

    It concerns such harmonisation provisions as are necessary and sufficient in order to ensure and guarantee compliance with the essential requirements referred to in Article 3(1).
    In the event that important characteristics, subsystems or safety components of existing installations undergo modifications for which a new authorisation for entry into service is required by the Member State in question, such modifications and their repercussions on the installation as a whole must satisfy the essential requirements referred to in Article 3(1).

  5. For the purposes of this Directive:
    • "installation" shall mean the whole on-site system, consisting of infrastructure and the subsystems listed in Annex I where infrastructure specially designed for each installation and constructed on site shall mean the layout, system data, station structures and structures along the line, which are needed for the construction and the operation of the installation, including the foundations,
    • "safety component" shall mean any basic component, set of components, subassembly or complete assembly of equipment and any device incorporated in the installation for the purpose of ensuring a safety function and identified by the safety analysis, the failure of which endangers the safety or health of persons, be they users, operating personnel or third parties,
    • "main contractor" shall mean any natural or legal person who commissions the construction of an installation,
    • "operability" shall mean all the technical provisions and measures which have an impact on design and realisation and are necessary in order for the installation to operate safely,
    • "maintainability" shall mean all the technical provisions and measures which have an impact on design and realisation and are necessary for maintenance designed to ensure that the installation operates safely.
  6. This Directive shall not apply to:
    • lifts within the meaning of Directive 95/16/EC(10),
    • cable-operated tramways of traditional construction,
    • installations used for agricultural purposes,
    • on-site or mobile equipment for use in fairgrounds and/or amusement parks which are designed for leisure purposes and not as a means for transporting persons,
    • mining installations or on-site installations used for industrial purposes,
    • cable-operated ferries,
    • rack railways,
    • chain-driven installations.

Article 2

  1. This Directive shall apply without prejudice to other Community Directives, although compliance with the essential requirements laid down in this Directive may call for the application of special European specifications established for that purpose.
  2. "European specification" shall mean a common technical specification, a European technical approval or a national standard transposing a European standard.
  3. The references of European specifications, which may be common technical specifications, European technical approvals within the meaning of Directive 93/38/EEC or national standards used to transpose harmonised European standards, shall be published in the Official Journal of the European Communities.
  4. Member States shall publish the references of national standards used to transpose harmonised European standards.
  5. In the absence of harmonised European standards, Member States shall take the necessary measures to inform parties concerned of those existing national standards and technical specifications which are regarded as important or useful for ensuring proper transposition of the essential requirements referred to in Article 3(1).
  6. Those technical specifications which are also required to supplement European specifications or other standards must not jeopardise compliance with the essential requirements referred to in Article 3(1).
  7. Where a Member State or the Commission considers that a European specification as referred to in paragraph 2 does not entirely satisfy the essential requirements referred to in Article 3(1), the Commission or the Member State concerned shall bring the matter before the committee referred to in Article 17 giving the reasons therefor. The committee shall deliver an opinion without delay.
    In the light of the committee's opinion and following consultations with the committee set up pursuant to Directive 98/34/EC in the case of harmonised European standards, the Commission shall inform the Member States whether or not it is necessary to withdraw the European specifications in question from the published information referred to in paragraph 3.

Article 3

  1. The installations and their infrastructure, subsystems and safety components of an installation must comply with the essential requirements which are laid down in Annex II and are applicable to them.
  2. Where a national standard transposing a harmonised European standard the reference for which has been published in the Official Journal of the European Communities covers the essential safety requirements laid down in Annex II, the installations and their infrastructure, subsystems and safety components of any installation constructed in accordance with the standard shall be presumed to comply with the relevant essential requirements.

Article 4

  1. At the request of the main contractor or his authorised representative, all planned installations shall be subject to a safety analysis as defined in Annex III which covers all safety aspects of the system and its surroundings in the context of the design, realisation and putting into service and makes it possible to identify from past experience risks liable to occur during operation.
  2. The safety analysis shall be the subject of a safety report recommending the measures envisaged to deal with any such risks and including a list of the safety components and subsystems which must be covered by the provisions of Chapter II or III, as the case may be.

CHAPTER II
SAFETY COMPONENTS

Article 5

  1. Member States shall take all necessary measures to ensure that safety components:
    • are placed on the market only if they permit the construction of installations complying with the essential requirements referred to in Article 3(1),
    • are put into service only if they permit the construction of installations which are not liable to endanger the health or safety of persons or, where applicable, the safety of property when properly installed and maintained and used for their intended purpose.
  2. This Directive shall not affect Member States' entitlement to lay down, in compliance with the Treaty, such requirements as they may deem necessary to ensure that persons and in particular workers are protected when using the installations in question, provided that this does not mean that the installations are modified in a way not specified in the Directive.

Article 6

Member States may not, on the basis of this Directive, prohibit, restrict or impede the placing on their national markets of safety components intended to be used in an installation where such components comply with the provisions of this Directive.

Article 7

  1. Member States shall regard safety components referred to in Article 4(2) bearing the CE conformity marking shown in Annex IX and accompanied by the EC declaration of conformity provided for in Annex IV as conforming with all the relevant provisions of this Directive.
  2. Before a safety component is placed on the market, the manufacturer or his authorised representative established in the Community must:
    1. submit the safety component to a conformity assessment procedure in accordance with Annex V, and
    2. affix the CE conformity marking on the safety component and, on the basis of the modules laid down in Decision 93/465/EEC, draw up an EC declaration of conformity in accordance with Annex IV.
  3. The procedure for assessing safety component conformity shall be carried out at the request of the manufacturer or his authorised representative established in the Community by the notified body referred to in Article 16 and appointed by him for this purpose.
  4. Where the safety components are subject to other Directives concerning other aspects and which also provide for the affixing of the CE conformity marking, the marking shall indicate that the safety component is also presumed to conform to the provisions of those other Directives.
  5. Where neither the manufacturer nor his authorised representative established in the Community has complied with the obligations of paragraphs 1 to 4, those obligations shall devolve on whomsoever places the safety component on the market in the Community. The same obligations shall apply to whomsoever manufactures safety components for his own use.

CHAPTER III
SUBSYSTEMS

Article 8

Article 9

Article 10

CHAPTER IV
INSTALLATIONS

Article 11

Article 12

Article 13

CHAPTER V
SAFEGUARDS

Article 14

Article 15

CHAPTER VI
NOTIFIED BODIES

Article 16

CHAPTER VII
COMMITTEE

Article 17

CHAPTER VIII
CE CONFORMITY MARKING

Article 18

CHAPTER IX
FINAL PROVISIONS

Article 19

Article 20

Article 21

  1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive not later than 3 May 2002. They shall forthwith inform the Commission thereof.
    When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
  3. Member States shall, for a period of four years following entry into force of this Directive, allow:
    • the construction and putting into service of installations,
    • the placing on the market of subsystems and safety components
    • which conform with the provisions in force in their territories on the date of entry into force of this Directive.
  4. The Commission shall report to the European Parliament and the Council on the implementation of this Directive, and in particular Article 1(6) and 17 thereof, not later than 3 May 2004 and, if necessary, submit any proposal for appropriate amendments.

Article 22

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 23

ANNEX I
SUBSYSTEMS OF AN INSTALLATION

ANNEX II
ESSENTIAL REQUIREMENTS

ANNEX III
SAFETY ANALYSIS

ANNEX IV
SAFETY COMPONENTS: EC DECLARATION OF CONFORMITY

ANNEX V
SAFETY COMPONENTS: ASSESSMENT OF CONFORMITY

  1. Scope
  2. Procedures

ANNEX VI
SUBSYSTEMS: EC DECLARATION OF CONFORMITY

ANNEX VII
SUBSYSTEMS: ASSESSMENT OF CONFORMITY

ANNEX VIII
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE NOTIFICATION OF BODIES

ANNEX IX
CE CONFORMITY MARKING