New Regulation of the EU

concerning cableways

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• Replacement of the Directive 2000/9/EC relating to

cableway installations designed to carry persons by a

Regulation

• Purposes according to the EU Commission: full harmonization of the cable car area

More uniformity of application in the Member States

The same level of safety in the Member States

Alignment with the Decision no. 768/2008/EC on a common legal

framework for the marketing of products

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• Publication in the Official Journal of the European Union

on the 31 of March 2016 with the title “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”

• Date of application of the Regulation:

21 of April 2018

• Immediate and compulsory application in the Member

States

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• Ensure the free movement of safety components, which

comply with its provisions and guarantee a high level of

safety

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Ultimate objective of the regulation

Ensuring the safety

• Member states are responsible for ensuring the safety of

cableway installations at the time of manufacture, putting

into service and during operation.

Essential requirements

• The essential health and safety requirements must be

observed in order to ensure that cableway installations are

safe.

• Those requirements are to be applied with discernment to

take account of the state of the art at the time of

construction and of technical and economic requirements.

Purpose

• The annex to the Regulation sets out the essential

requirements.

General requirements

• The safety of persons is a fundamental requirement for

the design, construction and operation of installations.

Principles of safety

• Eliminate or reduce risks by means of design and

construction features.

• Implement all necessary measures to protect against riks

which can not be eleminated.

• State the precautions which should be taken to avoid the

risks which can not be eleminated.

Consideration of external factors

• Installations must be so designed and constructed, as to

make it possible to operate them safety, taking in to

account, the type of installation, the nature and physical

features of the terrain on which is it installed, its

surroundings as well as possible structures and obstacles

near by the installations

• Aspects may be considered:

- Wind

- Snowpressure

- Snowload

- Avalanches

- Rock falls

- Torrents, floods

- Falling trees

- Damage caused by a vehicle

- Buildings closed to the installations

- Fireexplosions

- Crossings

Dimensions

• Each installation must be dimensioned to withstand with a

sufficient degree of safety.

• Rules of the art has to taken into account when the

european specifications which exists on the date of

construction are observed.

Integrity of installations

• Safety components must be constructed in such a way, asto ensure that in every case the safety of installation isensured.

• Checks must be carried out to ensure, that any possiblefailure of a safety component is covered by measures toensure that the safety component will continue to function.

• It is the responsibility of notified bodies to examine thisaspect.

Harmonised standards

• Harmonised standards make it easier to prove the essential requirements.

• For this purpose, the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) are recognised as the bodies competent to adopt harmonised standards.

Existing cabelways

• It is not necessary to require all existing cabelway

installations to be brought into conformity applicable to

new installations.

Safety analysis

• The aim is to ensure that the design and configuration of

the installation should take account of the local

surroundings and the most adverse situations in order to

ensure satisfactory safety conditions.

• In safety analysis it is necessary to identify the

components on which the safety of the cableway

installation depends.

Safety report

• The safety analysis shall be the subject of a safety report

in which the measures are included which eliminates or

reduce risks.

• Regulation 2016/424 lays down rules for cableway

installations that are designed, constructed and operated

• Cableways only for transporting persons

• Based on the new approach principles

• Sets out only the essential requirements

• Technical details are adopted by the European Committee

for Standardisation (CEN)

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• Experience acquired from the implementation has shown

the need to modify some of its provisions in order to clarify

and update them

• Mainly the scope and the conformity assessment of

subsystems

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• Scope (Art. 2):

New cableways for the transport of passengers

Modifications of cableway installations requiring a new

authorisation (conversions and extensions)

- see recital 8: the new regulation applies to subsystems or safety

components which are new to the Union market when they are

placed on it

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relocation of cableways

(recital 8)

The Regulation does not apply to the relocation of

cableway installations installed on the territory of the

Union or to the relocation of subsystems or safety

components that were incorporated into such

installations, except where such relocation implies a

major modification of the cableway installation.

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• Not included are:

Lifts covered by Directive 2014/33/EU(see recital 11 – Lifts, including cable-operated lifts, whether vertical or

inclined, permanently serving specific levels of buildings and

constructions and not operating between cableway stations, are excluded

from the scope of this Regulation)

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Historical, cultural or heritage installations(Requirements: entering into service before 1.1.1986 , no significant

changes in design or construction) -> need for national legislation

cableway installations for the service of mountain

shelters and huts

(only for the transport of goods and specifically designated persons)

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on-site or mobile equipment exclusively designed for

leisure and amusement purposes and not as a means for

transporting persons(According to RL 2000/9/EC: 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)

installations in which the users or their carriers are

waterborne

(according to RL 2000/9/EC: cable-driven installation

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And as up to now according to RL 2000/9/EC:

installations intended for agricultural or forestry purposes

mining installations or other industrial on-site installations used for

industrial activities

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Important Definitions:

cableway installation: means a whole on-site system, consisting on

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

subsystem: means a system listed in Annex I, or a combination thereof,

intended to be incorporated into a cableway installations

infrastructure: means a station structure or a structure along the line,

specifically designed for cableway installation

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safety component: means any component of equipment or any device

intended to be incorporated into a subsystems or cableway installation

for the purpose of ensuring a safety function; a failure endangers the

safety or health of passengers, operating personnel or third parties

cable car: means a cableway installation where the carriers are

suspended from and propelled by one or more cables

drag lift: means a cableway installations where passengers with

appropriate equipment are towed along a prepared track

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

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• National legislation is necessary for example for :

Determination of the approval process, the inspection of cableway

installations prior to their entry into service and the monitoring during

operation

Article 9 (2): “responsible person” (national definition) sends the safety

report, the declarations of conformity and so on to the authority - the

security analysis are not longer mentioned

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Lay down rules on penalties applicable to infringements of this

Regulation and of national law adopted pursuant to this Regulation

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Certain rules of the EU Regulation:

Definitions according to Art. 3 of the regulation [infrastructure,

subsystems, safety components, systems of cableways (cable car,

funicular railway, drag lift), placing on the market, entry into service,

manufacturer, recall and so on]

Chapter II: Obligations of Economic Operators (manufacturer or his

authorized representative, importer, distributor)

Obligations of the manufacturers - especially in the context of market

surveillance

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• Obligations of Economic Operators (Chapter II)

Obligations of the manufacturers

• Carrying out the conformity assessment procedure

• Carrying out sample checks of subsystems or safety components

made available on the market - to protect the health and safety of

passengers when they are dangerous

Make withdrawals and recalls from the market

• Inform the national authorities

Obligations of importers and distributors

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• Conformity of subsystems and safety components (Chapter III)

• Before a subsystem or a safety component is placed on the market, the

manufacturer shall submit the subsystem or the safety component to a

conformity assessment procedure

- conformity assessment procedures (Modul-Checks)

• EU declaration of conformity (confirmation of the fulfilment of the essential

requirements set out in Annex II of the regulation)

• General principles of the CE marking

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Notification of confomity assessment bodies (Chapter IV)

• Member States designate a notifying authority that shall be responsible for

setting up and carrying out the necessary procedures for the assessment and

notification of conformity assessment bodies and the monitoring of notified

bodies.

• Establishing requirements for notified bodies

(independent third parties, impartiality of the level of management and the

employees, well educated personnel responsible for carrying out conformity

assessment tasks)

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Market surveillance

(Chapter V, Art. 38 a ff)

Partial application of EU Regulation 765/2008 on market surveillance (Art.

15 para. 3 and Art. 16 to 29)

• At first - actions of the relevant economic actors (producers etc.)

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• Administrative procedures for the treatment of sub-

systems (TS) and safety components (SB) at the national

level

Obligation of the market surveillance authority, if there are

sufficient reasons to believe that a subsystem or safety component

presents a risk to the health or safety of persons or to property, to

carry out an evaluation whether the requirements of the

Regulation are fulfilled

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Cooperation with the economic operators (manufacturers, authorized

representative, importer and distributor)

Invitation of the economic operator to take corrective measures by

setting a deadline (producing a coincidence with the Regulation,

withdrawal or recall from the market) and informing of the notified body

The concerned economic operator must take corrective actions

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• If there are no actions of the concerned economic operator

-> the authority shall take all appropriate interim measures to prohibit

the provision of the subsystem or safety components on the

national market or to restrict and withdraw the subsystem or safety

components from the market

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• Process at EU level: information of the Comission and the

other Member States

If the non-compliance is not restricted to the own national territory

Information about the results of the national evaluation and the

measures which were taken

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• The information should include the following details

All data necessary for the identification of non-compliant subsystem

or safety component, the origin, the nature of the alleged non-

compliance, the risk, the nature and duration of the national

measures taken, the arguments put forward by the relevant

economic operator

and in particular:

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Cause of the non-compliance:

o Demands on the health or safety of persons or the protection of

property are not fulfilled

o Shortcomings in the harmonized standards (conferring a presumption

of conformity)

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• Further procedure -

Union safeguard procedure (Art. 41):

Objections to the decisions taken by the member state can be

made or the Commission decides that the national measure is not

compatible with European Union law

The Commission decides whether the national measure is justified

or not – if the national measure will be judged to be unjustified, the

member state concerned has to withdraw that measure

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• Penalties (Art. 45)

The member states should provide for penalties (they may

including some of criminal nature for serious infringements) for

violations of economic operators against the regulation and they

have to report the penalties to the EC in advance (before the date

of the application of the regulation)

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• Annex I: List of subsystems

• Annex II: Essential requirements (only minor changes

compared to the essential requirements of Directive

2000/9 / EC)

• Annexes III-IX: conformity assessment procedure

• Annex X: "Correlation table" - comparison of the

provisions of Regulation with the Directive 2000/9 /EC

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Thank you!

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