EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 27.3.2014  
COM(2014) 187 final 
2014/0107 (COD) 
  
Proposal for a 
REGULATION OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL 
on cableway installations 
(Text with EEA relevance) 
{SWD(2014) 116 final} 
{SWD(2014) 117 final}  EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
General context, reasons for and objectives of this proposal  
Directive 2000/9/EC relating to cableway installations designed to carry persons 1 was 
adopted on 20 March 2000 and became applicable on 3 May 2002. 
Directive 2000/9/EC ensures a high level of sa fety for cableway installations for users, 
workers and third parties. It sets out essential requirements with which cableway installations, 
their infrastructure, subsystems and safety co mponents must comply in order to be safe. 
Directive 2000/9/EC is also an example of th at Union harmonisation le gislation ensuring the 
free movement in the EU single market, namely  of subsystems and safety components for 
cableway installations. It harmonises the condi tions for the placing on the market and putting 
into service of subsystems and safety component s intended to be incor porated into cableway 
installations. Manufacturers must demonstrate th at their subsystems or safety components 
have been designed and manufactured in complia nce with the essential requirements, affix the 
CE marking and provide instructions for thei r incorporation into a cableway installation. 
Directive 2000/9/EC is based on Article 114  of the Treaty on the Functioning of the European 
Union (hereinafter "the Treaty"). It is a total harmonisation Directive based on the “New 
Approach” principles, which requires manufactu rers to ensure the compliance of their 
products with the mandatory performance a nd safety requirements provided for in the 
legislative instrument without however imposing specific technical soluti ons or specifications. 
Directive 2000/9/EC applies to cableway installations de signed to carry persons. 
Traction by cable and the passenger transport func tion are the principal criteria determining 
the scope of Directive 2000/9/EC. 
The main types of cableway installations c overed by Directive 2000/9/EC are funiculars, 
gondolas, detachable chair lifts, fixed-grip chair lifts, aerial tramways, funitels, combined 
installations (made of several cableway types, such as th ose of gondolas and chairlifts) and 
drag lifts. 
Cableway installations are defined as the whol e on-site system, consisting of infrastructure, 
subsystems and safety components. 
Cableway installations and their infrastructure are directly affected by the characteristics of 
the region in which they are located, by the natu re and physical featur es of the terrain in 
which they are installed, by th eir surroundings, by atmospheric a nd meteorological factors as 
well as by structures and obstacles that may be  found in their vicinity  either on the ground or 
in the air. 
In this framework, the construction and entry into  service of cableway installations are subject 
to national authorisation procedures. 
Directive 2000/9/EC sets out harmonised e ssential requirements with which cableway 
installations must comply, while Member States remain competent to regulate other aspects such as land-use, regional plan ning and environmental protection. 
Safety components and subsystems are subject to  the principle of the free movement of goods 
Safety components bear the CE marking indica ting conformity with the requirements of the 
Directive 2000/9/EC, including the c onformity assessment procedures. 
                                                
 
1 OJEU L 106, 3.5.2000, p.21. EN 3   EN The proposal intends to replace Directive 2000/9/EC by a Regulation, in line with the 
Commission’s simplification objectives. 
The proposal intends to align Directive 2000/9/EC to the “goods  package” adopted in 2008 
and in particular to the NLF Decision EC No 768/2008.  
The NLF Decision sets out a common framewor k for EU product harmonisation legislation. 
This framework consists of the provision s which are commonly used in EU product 
legislation (e.g. definitions, obligations of economic operators, notified bodies, safeguard 
mechanisms, etc.). These common provisions have been reinforced to ensure that the directives can be applied and enforced more ef fectively in practice. New elements, such as 
obligations for importers, have been introduced, which are crucia l for improving the safety of 
products on the market.  
The Commission has already proposed the alignm ent of nine other Directives to the NLF 
Decision within an “alignment package” adopted  on 21 November 2011. It has also proposed 
the alignment to the NLF Decision of Di rective 97/23/EC on pressure equipment
2. 
In view of ensuring consistency across Uni on harmonisation legislation for industrial 
products, in accordance with the political comm itment resulting from the adoption of the NLF 
Decision and the legal obliga tion provided for in Article 2 of the NLF Decision, it is 
necessary that this proposal is in line with the provisions of the NLF Decision. 
The proposal also intends to address some di fficulties that have been experienced in the 
implementation of Directive 2000/9/EC. More pa rticularly, authorities,  notified bodies and 
manufacturers have had different  views on whether certain type s of installations come under 
the scope of Directive 2000/9/EC and hence ha ve to be manufactured and certified in line 
with the directive’s requirements and procedures. Views also differed on whether certain equipment should be considered as subsyste m, infrastructure or safety component. 
Furthermore the Directive does not specify which type of conformity assessment procedure has to be applied to subsystems.  
Those divergent approaches led to market di stortions and different treatment of economic 
operators. Manufacturers and operators of the installations concerned had to modify the 
equipment or to undergo further certification wh ich led to extra costs and to delays in the 
authorisation and operation of those installations.  
The proposed Regulation intends therefore to enhance legal clarity about the scope of 
Directive 2000/9/EC and thus a better implem entation of the relevant legal provisions. 
Furthermore, Directive 2000/9/EC contains pr ovisions on the conformity assessment for 
subsystems. However, it does not determine th e concrete procedure to be followed by the 
manufacturer and the notified body. Furthermore, it does not offer manufacturers the range of 
conformity assessment procedures that are av ailable for safety co mponents. The proposed 
Regulation aligns thus the conformity assessmen t procedures available for subsystems with 
those already used for safety components, ba sed on the conformity assessment modules set 
out in Decision No 768/2008/EC establishing a common framework for the marketing of 
products (NLF Decision). In this  context, it also pr ovides for the affixing of the CE marking 
to indicate compliance with its provisions, in  line with the existing system for safety 
components. 
The proposal takes into account Regulation (EU)  No 1025/2012 of the European Parliament 
and of the Council of 25 October 2012 on European Standardisation
3. 
                                                 
2 COM(2013)471 final.  
3 OJEU L 316, 14.11.2012.  EN 4   EN The proposal also takes into account the proposal of the Co mmission of 13 February 2013 for 
a Regulation on market surveillance of products4, which intends to set out a single legal 
instrument on market surveillance activities in the field of non-food goods, consumer or non-
consumer products and products covered or not by Union harmonisation legislation. This 
proposal merges the rules on ma rket surveillance of Direc tive 2001/95/EC on general product 
safety5, Regulation (EC) No 765/2008 of the European  Parliament and of the Council setting 
out the requirements for accreditation and mark et surveillance relating to the marketing of 
products6 and of sector-specific harmonisation legislation in order to increase the 
effectiveness of market survei llance activities within the Uni on. The proposed Regulation on 
market surveillance of products contains also the relevant provisions on market surveillance 
and safeguard clauses. Therefore, provisions  in existing sector specific harmonisation 
legislation that relate to market surveillance and safeguard clauses should be removed from 
that harmonisation legislation. The overacting ob jective of the proposed  Regulation on market 
surveillance of products is to simplify th e Union market surveillance framework 
fundamentally so that it works better for its ma in users: market surveillance authorities and 
economic operators. Directive 2000/9/EC provid es for a safeguard clause procedure for 
subsystems and safety components.  In line with the framework intended to be established by 
the proposed Regulation on the market survei llance of products, this  proposal does not 
include the provisions on market surveillance and safeguard clause procedures for subsystems 
and safety components pr ovided for in the NLF Decision. Howe ver, in order to  ensure legal 
clarity, it makes a reference to the proposed Regulation on market surveillance of products. 
Consistency with other policies and objectives of the Union 
This initiative is in line with the Single Market Act7, which has stressed the need to restore 
consumer confidence in the quality of products on the market and the importance of reinforcing market surveillance. 
Furthermore it supports the Commission’s polic y on Better Regulation and simplification of 
the regulatory environment. 
2. CONSULTATION
 OF THE  INTERESTED  PARTIES  AND  IMPACT  
ASSESSMENT 
Consultation of the interested parties 
The revision of Directive 2000/9/EC has been  lengthy and extensively discussed since 2010. 
More particularly, it has been discussed within the Member St ates Working Group on 
Cableway Installations, with national expert s responsible for the implementation of the 
Directive, within the Standing Committe e provided for by Directive 2000/9/EC, the 
Administrative Cooperation Group for Market Surv eillance of Cableway Installations (AdCo) 
and the Cableway Installations Sectoral Grou p (CSG) of the Europe an Co-ordination of 
Notified Bodies, as well as with industry and user associations. 
                                                 
4 Proposal for a Regulation of the European Parlia ment and of the Council on market surveillance of 
products and amending Council Directives 89/686/EEC and 93/15/EEC, and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 1999/5/EC, 2000/9/EC, 2000/14/EC, 2001/95/EC, 2004/108/EC, 
2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 2009/105/EC, 2009/142/EC, 
2011/65/EU, Regulation (EU) No 305/2011, Regulation (EC) No 764/2008 and Regulation (EC) No 
765/2008 of the European Parliament and of the Council. COM(2013) 75 final. 
5 OJ L11, 15.1.2002, p.4. 
6 OJ L218, 13.8.2008, p.30. 
7 Communication from the Commission to the European  Parliament, the Council, the Economic and 
Social Committee and the Committee of the Regions, COM(2011) 206 final. EN 5   EN Member States and stakeholders, including manuf acturers' organisations, notified bodies and 
representatives of stan dardisation bodies, have been invo lved in the Impact Assessment 
process from the beginning. In the framework of the Standing Committee provided for by Directive 2000/9/EC, regular discussions took  place about the functioning of the Directive 
and the potential issues that would require im provements, either through legislative or non-
legislative means. 
Additionally, three specific consulta tions have been carried out. 
The first consultation took place in the first half  of 2010 in the framework of the preparation 
of the Report on the implementation of Direc tive 2000/9/EC provided fo r by its Article 21(4). 
In its First Report on the implem entation of Directive 2000/9/EC
8, the Commission noted that 
the Directive has been successful in establishing an internal market for subsystems and safety components, while guaranteeing a uniform and hi gh level of safety. It also identified some 
issues to be examined. 
The issues to be examined were the following: – The extent of the scope of Directive 2000/9/ EC, in particular with regard to new 
types of cableway installations; 
– The lack of an appropriate range of conformity assessment procedures for 
subsystems, which has led to divergent interpretations and implementation of the conformity assessment of subsystems; 
– The need to align Directive 2000/9/EC to the NLF Decision. 
The second and the third consultation took place in 2012 as part of the Impact Assessment 
Study the first one concerned th e existing situation and the ot her one the policy options. The 
Final Report of the Impact Assessment study has b een formally presented and discussed at the 
Standing Committee meetings held on 25 September 2012 and 8 April 2013, in which 
Member States and sectoral stakeholders had the opportunity to express a number of opinions, 
contributions and position papers on th e policy options included in the study. 
Stakeholders have actively contri buted to identify the issues needing solutions to improve the 
functioning of Directive 2000/9/EC. The majority  of stakeholders agree with the problems 
identified. An important number  of respondents to the consulta tion carried out in the context 
of the Impact Assessment Study have experienced  problems with the definition of Cableway 
installations and the borderline with the scope  of the Directive 95/16/EC relating to lifts
9. 
In view of the amount of information collected  and the rather techni cal issues, no open public 
consultation was launched, as targeted expertise consultations were deemed more appropriate 
for this quite technical initiative. 
Collection and use of expertise - Impact assessment  
An impact assessment on the revision of  Directive 2000/9/EC has been conducted. 
Based on the information collected, the imp act assessment carried out by the Commission 
examined and compared three options: 
Option 1 – “Do nothing” - No chan ges to the existing situation  
This option proposes no change s to Directive 2000/9/EC. 
                                                 
8 Report from the Commission to the European Parliament and the Council, COM(2011) 123 final, 
16.3.2011. 
9 OJ L213, 7.9.1995, p.1. EN 6   EN Option 2 –Intervention by non-legislative measures 
Option 2 considers the possibility of providing more extensive guidance on the 
implementation of Directive 2000/9/EC with re gard to its scope and of recommending the 
application of specific conformity assessment pr ocedures for the assessment of subsystems, 
mainly via a redrafting of the App lication Guide to Directive 2000/9/EC. 
Option 3 – Intervention by legislative measures 
This option consists in m odifying Directive 2000/9/EC. 
Combination of options 2 and 3 were f ound to be the preferred solution because: 
– it is considered the most to address the problem as it will provide clarification in the 
scope definitions and consistency and flexibility of conformity assessment procedures for subsystems and safety components; 
– it does not entail significant costs for economic operators and notified bodies; for 
those who are already acting responsibly, no significant economic or social impacts 
could be identified; 
– it will improve the functioning of the inte rnal market of subsystems and safety 
components by ensuring equal treatment of all economic operators, notably importers 
and distributors, as we ll as notified bodies; 
– option 1 does not provide answers to the pr oblem of legal uncertainty due to some 
provisions of Directive 2000/9/EC and th erefore will not lead to its better 
implementation. 
The proposal includes: 
• The clarification of the scope with rega rd to cableway installations designed 
for both transport and leisure purposes; 
• The introduction of a range of conf ormity assessment procedures for 
subsystems based on the existing  conformity assessment modules for safety 
components as aligned to the NLF Decision; 
• The alignment to the NLF Decision. 
The impact of the proposal will guarantee a fair  level playing field for the economic operators 
and will enhance protection of the safety of passengers and other user s, workers and third 
parties. 
3. LEGAL ELEMENTS OF THE PROPOSAL 
3.1. Scope and definitions 
The scope of the proposed Regulation correspo nds to the scope of Directive 2000/9/EC, and 
covers cableway installations, incl uding their infrastructure, as well as subsystems and safety 
components for cableway installations. 
The proposal clarifies and updates the existing scope. 
In particular, in light of the development of ne w types of cableway installations, it is clarified 
that the exclusion of cableway installations used for leisur e purposes in fairgrounds or 
amusement parks does not apply to cableway installations that are intended for a dual 
function, namely of transporting pe rsons and for leisure activities. EN 7   EN The proposal maintains the exclusion of ce rtain cableway installations intended for 
agricultural or industrial purposes, but it clarifies that it also covers cableway installations 
intended for the service of mountain shelters or huts that are not intended for the transport of 
the public. 
The current exclusion of cable-operated ferr ies is also updated to  all cable-operated 
installations where the users or carriers are water-borne, such as cable-operated water ski 
installations. 
The exclusions provided for in Directive 2000/9/ EC relating to rack-and-pinion railways and 
chain-driven installations are not reintroduced since these installations do not correspond to 
the definition of cableway installations. 
The general definitions resulting from the alignment to the NLF Decision have been inserted. 
3.2. Obligations of economic operators 
The proposal contains, with regard to subs ystems and safety components, the typical 
provisions for product-related Union harmonisation legislation and sets out the obligations of 
the relevant economic operators (manufacturers,  authorised representatives, importers and 
distributors), in accordance with the NLF Decision. 
3.3. Harmonised standards 
Compliance with harmonised standards provides for a presumption of conformity with the 
essential requirements. Regulation (EU) No 1025/2012 sets out a horizo ntal legal framework 
for European standardisation. Th e Regulation contains inter alia provisions on standardisation 
requests from the Commission to the Europ ean Standardisation Organisation, on the 
procedure for objections to harmonised standa rds and on stakeholder participation in the 
standardisation process. Consequently the pr ovisions of Directive 2000/9/EC which cover the 
same aspects have not  been reintroduced in this proposal for reasons  of legal certainty. 
3.4. Conformity assessment 
The proposal keeps the conformity assessment procedures for safety components provided for 
under Directive 2000/9/EC. It however updates th e corresponding modules in line with the 
NLF Decision. 
In particular, it keeps the requirement for a notified body interven tion in the design and 
production phase of all subsystems and safety components. 
The proposal introduces a range of conformity assessment pro cedures for subsystems based 
on the conformity assessment mo dules of the NLF Decision. In  this framework, it also 
introduces the CE marking for subsystems, as ther e is no reason to treat them differently than 
the safety components, for which Directive 2000 /9/EC provides already th e affixing of the CE 
marking to indicate their conformity with its requirements. 
3.5. Notified bodies 
Proper functioning of notified bodies is crucial fo r ensuring a high level of  health and safety 
protection and for the confiden ce of all interested parties in the New Approach system. 
Therefore, in line with the NLF Decision, the pr oposal reinforces the no tification criteria for 
notified bodies and introduces specific requirements for notifying authorities. 
3.6. Implementing acts 
The proposal empowers the Commission to adop t, where appropriate, implementing acts to 
ensure the uniform application of this Regulatio n in respect of notified bodies that do not meet 
or no longer meet the require ments for their notification. EN 8   EN Those implementing acts will be adopted in acc ordance with the provisions on implementing 
acts laid down in Regulation (EU) No 182/2011 of the European Parliament and of the 
Council of 16 February 2011 laying down the ru les and general principles concerning 
mechanisms for control by the Member States of the Commission's exercise of implementing 
powers. 
3.7. Final provisions 
The proposed Regulation will become applicable two years after its entry into force to allow 
manufacturers, notified bodies and Member St ates time to adapt to the new requirements. 
However, the designation of no tified bodies pursuant  to the new requirements and process 
needs to start shortly after the entry into force of this Regulation. This will ensure that by the 
date of application of the pr oposed Regulation, sufficient no tified bodies will have been 
designated in accordance with the new rules so as to avoid problems with production continuity and market supply. 
A transitional provision is foreseen for th e certificates issued by notified bodies under 
Directive 2000/9/EC with regard to subsystems and safety com ponents so as to allow stocks 
to be absorbed and ensure a smooth transition to the new requirements. 
A transitional provision is foreseen for the entry into service of cableway installations 
constructed under Directive 2000/9/EC so as to ensure a smooth tr ansition to the new 
requirements. 
Directive 2000/9/EC will be repealed and replaced by the proposed Regulation. 
3.8. Union competence, legal basis, subs idiarity principle and legal form 
Legal basis  
The proposal is based on Article 114 of the Treaty.  
Subsidiarity principle 
The subsidiarity principle aris es in particular with regard  to the newly added provisions 
aiming at the improvement of effective enfo rcement of Directive 2000/9/EC, namely, the 
economic operators' obligations, the traceability  provisions, the provisions on the assessment 
and notification of conformity assessment bodies. 
Experience with the enforcement of the legislat ion has shown that measures taken at national 
level have led to divergent ap proaches and to a different tr eatment of economic operators 
inside the Union, which undermin es the objective of Directive 2000/9/EC. If actions are taken 
at national level to address the problems, this risks creating obstacles to the free movement of 
goods. Furthermore action at national level is  limited to the territorial competence of a 
Member State. Coordinated action at Union leve l can much better achieve the objectives set, 
and will in particular render market surveillance  more effective. Hence it is more appropriate 
to take action at Union level. 
Proportionality  
In accordance with the principle of proportiona lity, the proposed modifications do not go 
beyond what is necessary to achieve the objectives set.  
The new or modified obligations do not impos e unnecessary burdens an d costs on industry - 
especially on small and medium sized enterpri ses - or administrations . Where modifications 
have been identified to have negative impacts, the analysis of the impacts of the option serves 
to provide the most proportionate respons e to the problems identified. A number of EN 9   EN modifications concern the improvement of cl arity of the existing Directive without 
introducing new requirements th at entail added cost.  
Legislative technique used 
The proposal takes the form of a Regulation. 
The proposed change from a Directive to a Re gulation takes into account the Commission's 
general objective to simplify the regulatory environment and the need to ensure a uniform implementation throughout the Union of the proposed legislation. 
The proposed Regulation is based on Article 114 of the Treaty and aims to ensure the proper 
functioning of the internal market for subsys tems and safety components intended to be 
incorporated into cableway installations, while maintaining the existing role for Member States with respect to cableway  installations. It imposes clear  and detailed rules which will 
become applicable in a uniform manner  at the same time throughout the Union. 
In accordance with the total ha rmonisation principles, Member States are not allowed to 
impose more stringent or additional requirement s in their national legislation for the placing 
on the market of subsystems and safety compon ents. In particular, the mandatory essential 
requirements and the conformity assessment pr ocedures to be followed by manufacturers 
must be identical in all Member States. 
The same applies with regard to the provisions that have been introduced as a result from the 
alignment to the NLF Decision. Those provisions  are clear and sufficiently precise to be 
applied directly by the actors concerned. 
The obligations provided for the Member States, such as the obligation to assess, appoint and 
notify the conformity assessment bodi es are, in any case, not tran sposed as such into national 
law but implemented by the Member States by means of the necessary regulatory and 
administrative arrangements. This will not chan ge when the obligations  concerned are set out 
in a Regulation. 
Therefore, Member States have  almost no flexibility in tran sposing a Directive into their 
national law. The choice of a Re gulation will however allow them to save the costs associated 
with the transposition of a Directive. 
Additionally, a Regulation avoids the risk of possible diverging transpositions of a Directive 
by the different Member States, which might lead to different levels of safety protection and 
create obstacles to the inte rnal market, undermining thus its effective implementation. 
The change from a Directive to a Regulation w ill not lead to any change in the regulatory 
approach. 
The characteristics of the New Approach will be  fully preserved, in particular the flexibility 
given to manufacturers in the choice of the me ans employed to comply with the essential 
requirements and in the choice of the proced ure used, amongst the available conformity 
assessment procedures, to demonstrate complian ce of subsystems and safety components. The 
existing mechanisms supporting the implementa tion of the legislation (standardisation 
process, working groups, administrative coope ration, the development of guidance documents 
etc.) will not be affected by the nature of the legal instrument. 
Furthermore, the choice of a Regulation does not mean that the decision-making process is 
centralised. Member States retain their compet ence with regard to cableway installations and 
the implementation of the harmonised provision s, e.g. the designation and accreditation of 
notified bodies, the cond uct of market surveillance and enforcement action (e.g. penalties). EN 10   EN Finally, the use of Regulations in  the area of internal market legislation, allows, in accordance 
also with the preference expressed by stakeholders , to avoid the risk of ‘gold plating’. It also 
allows manufacturers to work directly with th e Regulation text instead of needing to identify 
and examine 28 transposition laws. 
On this basis, it is considered that the choice of a Regulation is the mo st appropriate and less 
costly solution for all involved parties as it wi ll allow a more rapid and coherent application 
of the proposed legislation and will establish a clearer regulatory environment for economic 
operators, while avoiding transpos ition costs to Member States. 
4. BUDGETARY  IMPLICATION   
This proposal does not have any implications for the EU budget. 
5. ADDITIONAL  INFORMATION 
Repeal of existing legislation 
The adoption of the proposal will lead  to repeal of Directive 2000/9/EC. 
European Economic Area 
The proposal concerns the EEA and should therefore be extended to the European Economic 
Area.EN 11   EN 2014/0107 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on cableway installations 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
10, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) Directive 2000/9/EC of the Eur opean Parliament and of the Council
11 on cableway 
installations lays down rules for cableway in stallations that are designed, constructed 
and operated in view of transporting persons. 
(2) Directive 2000/9/EC is based on the New A pproach principles, as set out in Council 
Resolution of 5 May 1985 on a new appro ach to technical harmonisation and 
standards12. Thus, it sets out only the essentia l requirements applying to cableway 
installations, whereas technical details are adopted by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) in accordance with Regulat ion (EU) No 1025/2012 of the 
European Parliament and of the Council
13 on European Standardisation. Conformity 
with the harmonised standards so set, the reference number of which is published in 
the Official Journal of the European Union, provides a presumption of conformity 
with the requirements of Directive 2000/9/ EC. Experience has show n that those basic 
principles have worked well in  this sector and should be maintained and even further 
promoted. 
                                                 
10 OJ C […], […], p. […]. 
11 Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to 
cableway installations designed to carry persons (OJ L 106, 3.5.2000, p.21). 
12 OJ C 136, 4.6.1985, p.1. 
13 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on 
European Standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 
94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 
87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 
14.11.2012, p.12). EN 12   EN (3) Experience from the implementation of  Directive 2000/9/EC s howed the need to 
modify some of its provisions in order to cl arify and update them and ensure thus legal 
certainty mainly as regards the scope and the conformity assessment of subsystems. 
(4) Decision No 768/2008/EC of the Eur opean Parliament and of the Council14 on a 
common framework for the marketing of pr oducts lays down a common framework of 
general principles and reference provisions  intended to apply acr oss the legislation 
harmonising the conditions for the marketin g of products in or der to provide a 
coherent basis for revision or  recasts of that legisla tion. Directive 2000/9/EC should 
therefore be adapted to that Decision. 
(5) As a number of changes are to be made  to Directive 2000/9/EC, it should be repealed 
and replaced in the interests of clarity. Si nce the scope, essential requirements and 
conformity assessment procedures must be identical in all Member States, there is 
almost no flexibility in transposing a Dir ective based on the New Approach principles 
into national law. In order to simplify th e regulatory framework, Directive 2000/9/EC 
should be replaced by a Regulation, which is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by 
Member States and ensures thus a unif orm implementation throughout the Union.  
(6) Regulation (EC) No 765/2008 of the Eu ropean Parliament and of the Council
15 setting 
out the requirements for accreditation a nd market surveillance relating to the 
marketing of products lays down horizon tal provisions on the accreditation of 
conformity assessment bodies [,on market surveillance of products and controls on products from third countries] and on the CE marking. 
(7) Regulation (EU) No […/…] [on market surveillance of products]
16 provides detailed 
rules on market surveillance and on controls of products entering the Union from third countries, including subsystems and safety co mponents. It also sets out a safeguard 
clause procedure. Member States are to or ganise and carry out market surveillance, 
appoint market surveillance authorities and specify their powers and duties. They are 
also to set up general and sector-s pecific market surveillance programs. 
(8) The scope of Directive 2000/9/EC should be maintained. This Regulation should apply 
to cableway installations designed to transport persons used in high-altitude tourist resorts or in urban transport facilities. Cableway installations are mainly lift systems, such as funicular railways, aerial ropeways , cable cars, gondolas, chairlifts and drag 
lifts. Traction by cable and the passenger transport function are the essential criteria determining the cablewa y installations covered by this Regulation. 
(9) New types of cableway inst allations have been develope d that are intended for both 
transport and leisure activities. Such installations should be covered by this Regulation. 
(10) It is appropriate to exclude certain cab leway installations from the scope of this 
Regulation, either because they are subj ect to other specific  Union harmonisation 
legislation or because they can be ad equately regulated at national level. 
                                                
 
14 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common 
framework for the marketing of products and repealing Council Decision 93/465/EEC (OJ L 218, 
13.8.2008, p.82). 
15 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out 
the requirements for accreditation and market surveillance relating to the marketing of products and 
repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p.30). 
16 OJ L […...]. EN 13   EN (11) Cable-operated lifts, whether vertical or inclined, permanently serving specific levels 
of buildings and constructions  other than the stations, ar e subject to specific Union 
legislation and should be excluded from the scope of this Regulation. 
(12) In order to ensure lega l certainty, the exclusion of th e cable-operated ferries should 
cover all cable-operated instal lations where the users or ca rriers are water-borne, such 
as cable-operated water ski installations. 
(13) In order to ensure that cableway installa tions and their infrastructure, subsystems and 
safety components guarantee a high level protec tion of the health an d safety of persons 
it is necessary to lay down rules for the design and the construction of cableway 
installations. 
(14) Member States should ensure the safety of cableway installations at the time of their 
construction, entry into serv ice and during their operation. 
(15) This Regulation does not affect the ri ght of the Member States to specify the 
requirements they deem necessary as regard s land-use, regional planning and in order 
to ensure the protection of the environment a nd of the health and sa fety of persons and 
in particular workers when using cableway installations. 
(16) This Regulation does not affect the right of the Member States to specify adequate 
procedures for the authorisation of planne d cableway installations, the inspection of 
cableway installations prior to their entr y into service and their monitoring during 
operation. 
(17) This Regulation should take into account th e fact that the sa fety of cableway 
installations depends equa lly on the surrounding conditio ns, on the quality of the 
industrial goods supplied and on  the way in which they are assembled, installed on site 
and monitored during operation. The causes of  serious accidents may be linked to the 
choice of site, to the system of transport itse lf, to the structures, or  to the way in which 
the system is operated and maintained. 
(18) Although this Regulation is not to cover the ac tual operation of cab leway installations, 
it should provide a general framework intend ed to ensure that such installations 
situated on the territory of Memb er States, are operated in such a way as to offer users, 
operating personnel and third partie s a high degree of protection. 
(19) In the case of cableway installations, t echnological innovations can be verified and 
submitted to full-scale tests only on the occasion of the construction of a new cableway installation. In thes e circumstances, a procedur e should be provided which, 
while ensuring that the essential requirements  are complied with, also enables to take 
into account the particular conditions  of a specific cableway installation. 
(20) Member States should take the necessary steps to ensure that cableway installations 
enter into service only if they comply with this Regulation and they are not liable to 
endanger the health and safety of persons  or property when properly installed, 
maintained and operated in accordance with their intended purpose. 
(21) Member States should lay down proce dures for authorising the construction of 
planned cableway installations and th e modification of such installations  and for their 
entry into service in order to ensure that the cableway installation is safely constructed and assembled on site, in accordance with the safety analysis and the safety report and 
all relevant regulatory requirements. 
(22) The safety analysis for planned cablewa y installations should identify the components 
on which the safety of the cableway installation depends. EN 14   EN (23) The safety analysis for planned cablew ay installations should take into account the 
constraints linked to the operation of cablewa y installations, albeit  not in such a way 
as to jeopardise the principle of free movement of goods for subsystems and safety components or the safety of the cableway installations themselves. 
(24) This Regulation should aim to ensure the functioning of the internal market of 
subsystems of cableway installations a nd of safety components for cableway 
installations. Subsystems and safety component s complying with the provisions of this 
Regulation should benefit from the pr inciple of free movement of goods. 
(25) Subsystems and safety components shoul d be allowed to be incorporated in a 
cableway installation provided that they  permit the construction of cableway 
installations which comply with this Regulation and are not liable to endanger the health and safety of persons or propert y when properly installed, maintained and 
operated in accordance with their intended purpose. 
(26) The essential requirements should be interpreted and appl ied so as to take account of 
the state of the art at the time of design and manufacture as well as of technical and 
economic considerations which are consistent with a high degree of  health and safety 
protection. 
(27) Economic operators shoul d be responsible for the compliance of subsystems and 
safety components with the requirements of this Regulation, in  relation to their 
respective roles in the supply chain, so as to  ensure a high level of protection of public 
interests, such as the health and safety of users and other pers ons and protection of 
property and to guarantee fair competition on the Union market. 
(28) All economic operators in tervening in the supply and di stribution chain should take 
appropriate measures to ensure that they only make available on the market subsystems and safety components which are in  conformity with this Regulation. It is 
necessary to provide for a clear and propor tionate distribution of  obligations which 
correspond to the role of each economic operator in the supply and distribution chain. 
(29) The manufacturer of subsystems and sa fety components, having detailed knowledge of 
the design and production process, is best pl aced to carry out the complete conformity 
assessment procedure. Conformity assessme nt should therefore remain solely the 
obligation of the manufacturer of th e subsystem or the safety component. 
(30) In order to f acilitate the communication between  economic operators and national 
market surveillance authorities, Member States should encourage economic operators 
to include a website address in addition to the postal address. 
(31) It is necessary to ensure that subsystems and safety components from third countries 
entering the Union market comply with the requirements of this Regulation, and in 
particular that appropriate conformity asse ssment procedures have been carried out by 
manufacturers with regard to those subs ystems and safety components. Provision 
should therefore be made for importers to make sure that the subsystem or safety 
component they place on the market comply with the requirements of this Regulation 
and that they do not place on the market su bsystems and safety components which do 
not comply with such requirements or pres ent a risk. Provision should also be made 
for importers to make sure that conformity  assessment procedures have been carried 
out and that subsystem and safety com ponent marking and documentation drawn up 
by manufacturers are available for inspection by the competent supe rvisory authorities. 
(32) The distributor makes a subsystem or a sa fety component availabl e on the market after 
it has been placed on the market by the ma nufacturer or the importer and should act EN 15   EN with due care to ensure th at its handling of the subsystem or the safety component 
does not adversely affect its compliance. 
(33) When placing on the market a subsystem or a safety component, every importer 
should indicate on the subsystem or safety component his name, registered trade name 
or registered trade mark and the postal address at which he can be contacted. 
Exceptions should be provided for in cases where the size or nature of the safety 
component does not allow it. This includes cases where the importer would have to 
open the packaging to put his name and address on the safety component. 
(34) Any economic operator that either places  a subsystem or a safety component on the 
market under his own name or trademark or modifies a subs ystem or a safety 
component in such a way that compliance w ith the requirements of this Regulation 
may be affected should be c onsidered to be the manufact urer and should assume the 
obligations of the manufacturer. 
(35) Distributors and importers, being close to the market place, should be involved in 
market surveillance tasks carri ed out by the competent national authorities, and should 
be prepared to participate actively, providing those auth orities with all necessary 
information relating to the subsystems or the safety components concerned. 
(36) Ensuring traceability of a subsystem or  safety component throughout the whole supply 
chain helps to make market surveillance si mpler and more efficient. An efficient 
traceability system facilitates market surve illance authorities' task of tracing economic 
operators who made non-compliant subsyste ms or safety components available on the 
market. 
(37) This Regulation should be limited to the expression of the essential requirements. In 
order to facilitate conformity assessment with those requirements it is necessary to 
provide for presumption of conformity for cableway installations which are in 
conformity with harmonised standards that are adopted in accordance with Regulation 
(EU) No 1025/2012 for the purpose of expressing  detailed technical specifications of 
those requirements, especially  with regard to the design, construction and operation of 
cableway installations. 
(38) Regulation (EU) No 1025/ 2012 provides for a procedure for objections to harmonised 
standards where those standa rds do not entirely satisf y the requirements of this 
Regulation. 
(39) In order to enable economic operators to  demonstrate and the competent authorities to 
ensure that subsystems and safety compone nts made available on the market conform 
to the essential requirements, it is necessary to provide for conformity assessment procedures. Decision No 768/2008/EC establis hes modules for conformity assessment 
procedures, which include procedures from  the least to the most stringent, in 
proportion to the level of risk involved and the level of safety required. In order to 
ensure inter-sectoral coherence and to avoi d ad-hoc variants, c onformity assessment 
procedures should be chosen from among those modules. 
(40) Manufacturers of subsystems or safety components should draw up an EU declaration 
of conformity to provide information requi red under this Regulation on the conformity 
of subsystem or safety component with th e requirements of this Regulation and of 
other relevant Union harmonisation legislat ion. The EU declaration of conformity 
should accompany the subsystem or safety component. EN 16   EN (41) To ensure effective ac cess to information for market surveillance purposes, the 
information required to identify all applicab le Union acts for a subsystem or a safety 
component should be available in a si ngle EU declaration of conformity. 
(42) The CE marking, indicating the conformity  of a subsystem or a safety component is 
the visible consequence of a whole proce ss comprising conformity assessment in a 
broad sense. General princi ples governing the CE marki ng and its relationship with 
other markings are set out  in Regulation (EC) No 765/2008. Rules governing the 
affixing of the CE marking should be laid down in this Regulation. 
(43) A check of compliance of subsystems and safety components with the essential 
requirements provided for in this Regulation is  necessary in order to provide effective 
protection for users and third parties. 
(44) In order to ensure compliance of subsystems and safety components with the essential 
requirements, it is necessary to lay down appropriate conformity assessment 
procedures to be followed by the manufacturer . Those procedures s hould be set on the 
basis of the conformity assessment modul es laid down in Decision No 768/2008/EC. 
(45) The conformity assessment procedures  set out in this Regulation require the 
intervention of conformity assessment bodies, which are notified by the Member 
States to the Commission. 
(46) Experience has shown that  the criteria set out in Dire ctive 2000/9/EC that conformity 
assessment bodies have to fulfil in order to be notified to the Commission are not 
sufficient to ensure a uniformly high level of performance of these bodies throughout the Union. It is, however, esse ntial that all conformity assessment bodies perform their 
functions to the same level and under conditi ons of fair competition. That requires the 
setting of obligatory requirements for conf ormity assessment bodies wishing to be 
notified in order to provide conformity assessment services. 
(47) In order to ensure a c onsistent level of conformity assessment quality, it is also 
necessary to set requirements  for notifying authorities and other bodies involved in the 
assessment, notification and monitoring of notified bodies. 
(48) If a conformity assessment body demonstrat es conformity with the criteria laid down 
in harmonised standards, it should be pres umed to comply w ith the corresponding 
requirements set out in this Regulation. 
(49) The system set out in this Regulatio n should be complemented by the accreditation 
system provided for in Regulation (EC)  No 765/2008. Since accreditation is an 
essential means of verifying the compet ence of conformity assessment bodies, it 
should also be used for th e purposes of notification. 
(50) Transparent accreditation as provided for in Regulation (EC) No 765/2008, ensuring 
the necessary level of confid ence in conformity certificates , should be considered by 
the national public authorit ies throughout the Union as the preferred means of 
demonstrating the technical competence of  conformity assessment bodies. However, 
national authorities may consider that they  possess the appropriate means of carrying 
out that evaluation themselves. In such cases , in order to ensure the appropriate level 
of credibility of evaluations carried out  by other national authorities, they should 
provide the Commission and the other Member  States with the necessary documentary 
evidence demonstrating the compliance of th e conformity assessment bodies evaluated 
with the relevant regu latory requirements. EN 17   EN (51) Conformity assessment bodies frequently s ubcontract parts of their activities linked to 
the assessment of conformity or have recour se to a subsidiary. In  order to safeguard 
the level of protection required for the subs ystems and safety components to be placed 
on the Union market, it is essential that conformity assessment subcontractors and 
subsidiaries fulfil the same requirement s as notified bodies in relation to the 
performance of conformity assessment tasks. Therefore, it is important that the assessment of the competence and the performance of bodies  to be notified and the 
monitoring of bodies alr eady notified cover also activities carried out by 
subcontractors and subsidiaries. 
(52) It is necessary to increase the efficiency  and transparency of th e notification procedure 
and, in particular, to adapt it to new technol ogies so as to enable online notification. 
(53) Since conformity assessment bodies may offer their services throughout the Union, it 
is appropriate to give the other Member States and the Commission the opportunity to 
raise objections concerning a notified body. It is therefore important  to provide for a 
period during which any doubts or concerns as to the competen ce of conformity 
assessment bodies can be clarified before they start operating as notified bodies. 
(54) In the interests of comp etitiveness, it is cr ucial that conformity assessment bodies 
apply the conformity assessment procedures  without creating unnecessary burdens for 
economic operators. For the same reason, a nd to ensure equal treatment of economic 
operators, consistency in the technical a pplication of the conformity assessment 
procedures needs to be ensured. That can  best be achieved through appropriate 
coordination and cooperation betwee n conformity assessment bodies. 
(55) In order to ensure un iform conditions for the implem entation of this Regulation, 
implementing powers should be conferred to the Commission. Those powers should 
be exercised in accordance with Regula tion (EU) No 182/2011 of the European 
Parliament and of the Council
17. 
(56) The advisory procedure should be us ed for the adoption of implementing acts 
requesting the notifying Member State to ta ke the necessary corrective measures in 
respect of notified bodies that  do not meet or no longer meet the requirements for their 
notification. 
(57) It is necessary to provide for transiti onal arrangements that allow the making available 
on the market and the putting into service of  subsystems and safety components that 
have already been placed on the market  in accordance with Directive 2000/9/EC. 
(58) It is necessary to provide for transitional arrangements that allow the entry into service 
of cableway installations that have alread y been constructed in accordance with 
Directive 2000/9/EC. 
(59) Member States should lay down rules on pena lties applicable to infringements to this 
Regulation and ensure that they are implem ented. Those penalties must be effective, 
proportionate and dissuasive. 
(60) Since the objective of this Regulation, na mely to ensure that cableway installations 
fulfil the requirements providing for a high le vel protection of and safety of users 
while guaranteeing the functioni ng of the internal market for subsystems and safety 
components cannot be sufficiently achieved by  the Member States and can therefore, 
                                                 
17 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the rules and general principles concerni ng mechanisms for contro l by the Member States 
of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p.13). EN 18   EN by reason of its scale and effects, be better  achieved at Union level, the Union may 
adopt measures, in accordance with the principl e of subsidiarity as set out in Article 5 
of the Treaty on European Union. In accordan ce with the principl e of proportionality, 
as set out in that Ar ticle, this Regulation does not go beyond what is  necessary in order 
to achieve that objective. 
HAVE ADOPTED THIS REGULATION: 
CHAPTER I 
 GENERAL PROVISIONS 
Article 1 
Subject matter 
This Regulation lays down rules on the desi gn and construction of cableway installations 
designed to transport persons and on the ma king available on the market and the free 
movement of subsystems and safety components for such installations. 
Article 2 
Scope 
(1) This Regulation shall apply to cableway inst allations designed to transport persons 
and to subsystems and safety co mponents for such installations. 
(2) This Regulation shall not apply to the following: 
(a) lifts within the meaning of Directive 95/ 16/EC of the European Parliament and 
of the Council18 on lifts; 
(b) cable-operated tramways of traditional construction; 
(c) installations intended for agricultural purposes and fo r the service of mountain 
shelters and huts that are not inte nded for the transport of the public; 
(d) on-site or mobile equipment for use in fairgrounds and/or amusement parks 
which are exclusively designed for leis ure purposes and not as a means for 
transporting persons ; 
(e) mining installations or other industrial on site installations used for industrial 
activities; 
(f) installations in which the users or their carriers are water-borne. 
Article 3 
Definitions 
For the purposes of this Regulation th e following definitions shall apply: 
(1) "cableway installation" means the whole on si te system, consisting of infrastructure 
and subsystems intended for installations made up of several components, designed, constructed, assembled and put  into service with the obj ect of transporting persons, 
where the traction is provided by cable s positioned along the line of travel; 
                                                
 
18 Directive 95/16/EC of the European Parliament and of the Council of 29 June 1995 on the 
approximation of the laws of the Member States relating to lifts (OJ L 213, 7.9.1995, p.1). EN 19   EN (2) "subsystem" means the systems listed in Annex I as such or a combination thereof; 
(3) "infrastructure" means the layout, system da ta, station structures and structures along 
the line especially designed for each insta llation and constructed on site and which 
are needed for the construction and the operation of the inst allation, including the 
foundations; 
(4) "safety component" means any basic component, set of components, subassembly or 
complete assembly of equipment and any device intended to be incorporated in a subsystem or a cableway installation for th e purpose of ensuring a safety function, 
the failure of which endangers the safety  or health of persons, users, operating 
personnel or third parties; 
(5) "operability" means all the technical provisi ons and measures which have an impact 
on design and construction and are necessary in  order for the cablew ay 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, designed to 
ensure that the cableway installation operates safely; 
(7) "cable car" means a cableway installation where the carriers are suspended from one 
or more cables; 
(8) "drag lift" means a cableway installation wh ere users with appropriate equipment are 
towed along a prepared track; 
(9) "funicular railway" means a cableway installa tion in which the carriers are hauled 
along rails that are on the ground or  supported by fixed structures; 
(10) "making available on the market" means a ny supply of a subsystem or a safety 
component for distribution or use on the Uni on market in the course of a commercial 
activity, whether in return fo r payment or free of charge; 
(11) "placing on the market" means the first maki ng available of a subsystem or a safety 
component on the Union market; 
(12) "entry into service" means the initial operation of a cableway installation; 
(13) "manufacturer" means any natu ral or legal person who ma nufactures a subsystem or 
a safety component or who has such a subs ystem or a safety component designed or 
manufactured, and markets that subsystem or safety component under his name or trademark; 
(14) "authorised representative" means any natural or legal person established within the 
Union who has received a written mandate fr om a manufacturer to act on his behalf 
in relation to specified tasks; 
(15) "importer" means any natural or legal pe rson 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 pe rson in the supply chai n, other than the 
manufacturer or the importer, who make s a subsystem or a safety component 
available on the market; 
(17) "economic operators" means the manufactur er, the authorised representative, the 
importer and the distributor of a subsystem or a safety component; 
(18) "technical specification" means a document th at prescribes technical requirements to 
be fulfilled by an installation, infrastruc ture, subsystem or safety component; EN 20   EN (19) "harmonised standard" means harmonised stan dard as defined in Article 2(1)(c) of 
Regulation (EU) No 1025/2012; 
(20) "accreditation" means accreditation as define d in Article 2(10) of Regulation (EC) 
No 765/2008; 
(21) "national accreditation body" means national accreditation body as defined in Article 
2(11) of Regulation (EC) No 765/2008; 
(22) "conformity assessment" means the proce ss 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 incor porated into a cable way 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) "CE marking" means a marking by which the manufacturer indicates that the 
subsystem or the safety component is in c onformity with the applicable requirements 
set out in Union harmonisation legi slation providing fo r its affixing; 
(27) "Union harmonisation legislation" means any Union legislation harmonising the 
conditions for the marketing of products. 
Article 4 
Making available on the market of subsystems and safety components 
(1) Member States shall take all appropriate measures to ensure that subsystems and 
safety components are made available on the market only if they satisfy the 
requirements of this Regulation. 
(2) Member States shall take all appropriate m easures, in accordance with Article 9, to 
determine the procedures to  ensure that the subsystems  and safety components are 
incorporated into cableway installations only if they enable the construction of cableway installations which satisfy the re quirements of this Regulation and are not 
liable to endanger the health and safety  of persons or property when properly 
incorporated, maintained and operated in  accordance with their intended purpose. 
Article 5 
Entry into service of cableway installations 
(1) Member States shall take all appropriate m easures in accordance with Article 9, to 
determine the procedures to ensure that cab leway installations enter into service only 
if they satisfy the requirements of this Regulation and they are not liable to endanger the health and safety of persons or prope rty when properly installed, maintained and 
operated in accordance with their intended purpose. 
(2) Cableway installations which are in conformity with harm onised standards or parts 
thereof the references of which have been published in the Official Journal of the EN 21   EN European Union  shall be presumed to be in conformity with the essential 
requirements covered by those standards or parts thereof, referred to in Annex II. 
(3) 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 cab leway installations in question, provided 
that this does not mean that the cableway  installations are modified in a way not 
specified in this Regulation. 
Article 6 
Essential requirements 
The cableway installations and their infrastructure, subsystems and safety components shall 
satisfy the essential requirements applicable to them set out in Annex II. 
Article 7 
Free movement of subsystems and safety components 
Member States shall not prohibit, restrict or  impede the making ava ilable on the market of 
subsystems and safety components wh ich comply with this Regulation.  
Article 8 
Safety analysis and safety report for planned cableway installations 
(1) All planned installations shall be subject to a safety analysis as defined in Annex III 
which shall cover all safety aspects of th e cableway installation and its environment 
in the context of the design, construction and entry into service and shall make it 
possible to identify from past experience risk s liable to occur during the operation of 
the cableway installation. 
(2) The safety analysis shall be included in a safety report. That report shall recommend 
the measures envisaged to deal with such risks and include a list of the subsystems 
and safety components to be incorpor ated into the cableway installation. 
Article 9 
Authorisation of cableway installations 
(1) Member States  shall lay down procedures for aut horising the construction and the 
entry into service of cableway installations  which are located within its territory. 
(2) Member States shall ensure that the safety analysis, the safety report, the EU 
declaration of conformity and the other documents relating to the conformity of 
subsystems and safety components as we ll as the documenta tion concerning the 
characteristics of the cableway installation are submitted to the authority responsible 
for approving the cableway installation. Th e documentation concerning the cableway 
installation shall also include the necessary  conditions, including th e restrictions on 
operation, and full details for  servicing supervision, adjustment and maintenance of 
the cableway installatio n. A copy of those documents shall be kept at the cableway 
installation. 
(3) In the event that important characteristic s, subsystems or safety components of 
existing cableway installations undergo modi fications for which a new authorisation EN 22   EN for entry into service is required by the Me mber 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 provisions  referred to in para graph 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 and safety of persons or  to 
property when properly installed in a ccordance with thei r intended purpose. 
(5) Member States shall not use the provisions  referred to in para graph 1 to prohibit, 
restrict or hinder the free movement of subsystems and safety components which 
comply with this Regulation. 
Article 10 
Operation of cableway installations 
(1) 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) If a Member State finds that an approve d cableway installation which is used in 
accordance with its intended purpose is liable to endanger the health and safety of persons and, where appropriate, property, it  shall take all appropriate measures to 
restrict the conditions of  operation of the cableway  installation or to prohibit the 
operation thereof. 
CHAPTER II 
OBLIGATIONS OF ECONOMIC OPERATORS OF SUBSYSTEMS AND SAFETY 
COMPONENTS 
Article 11 [Article R2 of Decision No 768/2008/EC] 
Obligations of manufacturers 
(1) When placing their subsystems or safety  components on the market, manufacturers 
shall ensure that they have been designe d and manufactured in accordance with the 
essential requirements set out in Annex II. 
(2) Manufacturers of subsystems or safety components shall draw up the technical 
documentation set out in Annex V and carry out the relevant conformity assessment 
procedure referred to in Article 18  or have it carried out. 
Where compliance of a subsystem or a sa fety component with the applicable 
requirements has been demonstrated by the procedure referred to in the first subparagraph, manufacturers sh all draw up an EU declar ation of conformity and 
affix the CE marking. 
(3) Manufacturers shall keep the technical documentation and the EU declaration of 
conformity for 30 years after the subsystem or the safety component has been placed 
on the market. 
(4) Manufacturers shall ensure that procedures  are in place for series production to 
remain in conformity with this Regulation. Changes in subsystem or safety component design or characteristics and ch anges in the harmonised standards or in EN 23   EN other technical specifications by reference to which the c onformity of the subsystem 
or the safety component is declared sh all be adequately taken into account. 
When deemed appropriate with regard to  the risks presented by a subsystem or a 
safety component, manufacturers shall, to prot ect the health and safe ty of users, carry 
out sample testing of the subsystem or th e safety component made available on the 
market, investigate, and, if necessary, keep a register of complaints of non-
conforming subsystems or safety component s and recalls of such subsystems or 
safety components, and shall keep distri butors informed of any such monitoring. 
(5) Manufacturers shall ensure that their subsystems or safety components are 
accompanied by the EU declaration of conform ity and that they bear a type, batch or 
serial number or other element allowing their identification. 
Where the size or nature of the safety component does not allow it, manufacturers 
shall ensure that the required informati on is provided on the packaging or in the 
instructions  accompanying the safety component. 
(6) Manufacturers shall indicate on the subsyste m or the safety component their name, 
registered trade name or registered trade mark and the postal address at which they 
can be contacted or, where that is not  possible, on the packaging and in the 
instructions accompanying the safety component. The address shall indicate a single point at which the manufacturer can be cont acted. The contact details shall be in a 
language easily understood by users and the market surveillance authorities as 
determined by the Member State concerned. 
(7) Manufacturers shall ensure that the subsystem or th e safety component is 
accompanied by the EU Declaration of conf ormity and by instructions and safety 
information, in a language which can be easily understood by users, as determined by the Member State concerned. Such instructions and safety information shall be clear, understandable and intelligible. 
(8) Manufacturers who consider or have reason to believe that the a subsystem or a 
safety component which they have placed on the market is not in conformity with this Regulation shall immediately take th e necessary corrective measures necessary 
to bring that subsystem or safety component  into conformity, to withdraw it or recall 
it, if appropriate. Furthermore, where the s ubsystem or the safety component presents 
a risk, manufacturers shall immediately info rm the competent national authorities of 
the Member States in which they made the subsystem or the safety component 
available on the market to that effect, giving details, in particular, of the non-
compliance and of any corrective measures taken.  
(9) Manufacturers shall, further to a reas oned request from a competent national 
authority, provide it with all the information and documentation necessary to demonstrate the conformity of the subsys tem or the safety component with this 
Regulation, in a language which can be easily understood by that authority. That 
information and documentation may be provide d in paper or electronic form. They 
shall cooperate with that aut hority, at its request, on any action taken to eliminate the 
risks posed by the subsystems or safety co mponents which they have placed on the 
market.  EN 24   EN Article 12 [Article R3 of Decision No 768/2008/EC] 
Authorised representatives 
(1) A manufacturer may, by a written mandate, a ppoint an authorised representative. 
The obligations laid down in Article 11(1) and the obligation to draw  up of technical 
documentation shall not form part of th e authorised representative's mandate. 
(2) An authorised representative shall perform the tasks specified in the mandate 
received from the manufacturer. The ma ndate shall allow the authorised 
representative to do at  least the following: 
(a) keep the EU declaration of  conformity and the tec hnical documentation at the 
disposal of national surveillance authori ties for 30 years after the subsystem or 
the safety component has been placed on the market; 
(b) further to a reasoned request from a co mpetent national authority, provide that 
authority with all the information and documentation necessary to demonstrate 
the conformity of the subsys tem or the safety component; 
(c) cooperate with the compet ent national authorities, at their request, on any 
action taken to eliminate the risks posed by subsystems or safety components covered by the authorised representative’s mandate. 
Article 13 [Article R4 of Decision No 768/2008/EC] 
Obligations of importers 
(1) Importers shall place only compliant subsystems or safety components on the 
market. 
(2) Before placing on the market a subsystem or a safety component, importers shall 
ensure that the appropriate conformity  assessment procedure in accordance with 
Article 18  has been carried out by the manufacturer. They shall ensure that the 
manufacturer has drawn up the technical documentation, that the subsystem or the 
safety component is  accompanied by the EU declaration of conformity,  that it bears 
the CE marking and is accompanied by instru ctions and safety information and that 
the manufacturer has complied with the requi rements set out in Article 11(5) and (6) 
respectively. 
Where an importer considers or  has reason to believe that  a subsystem or a safety 
component is not in conformity with the essential requirements set out in Annex II, 
he shall not place the subsystem or the safety component on the market until it has been brought into conformity. Furthermor e, where the subsystem or the safety 
component presents a risk, the importer sha ll inform the manufact urer and the market 
surveillance authorities to that effect. 
(3) Importers shall indicate their name, register ed trade name or registered trade mark 
and the postal address at which they can be  contacted on the subs ystem or the safety 
component or where that is not possible, on its packaging and in the instructions 
accompanying the safety component. The contact details shall be in a language easily understood by users and mark et surveillance authorities as determined by the 
Member State concerned. EN 25   EN (4) Importers shall ensure that the subsystem or the safety component is accompanied by 
instructions and safety information,  in a language which can be easily understood by 
users, as determined by the Member State concerned. 
(5) Importers shall ensure  that, while a subsystem or a safety component is under their 
responsibility, storage or transport conditi ons do not jeopardise their compliance with 
the requirements set out in Annex II. 
(6) When deemed appropriate with regard to the risks  presented by a subsystem or a 
safety component, importers shall, to protect  the health and safety of the users, upon 
a duly justified request of the competent au thorities, carry out sample testing of 
subsystems or safety components made available on the market, investigate, and, if necessary, keep a register of complaints  of nonconforming subsystems or safety 
components and recalls of such subsystems or safety components, and shall keep distributors informed of any such monitoring. 
(7) Importers who consider or have reason to  believe that a subsystem or a safety 
component which they have placed on the ma rket is not in conformity with this 
Regulation shall immediately take the corre ctive measures necessary to bring that 
subsystem or safety component into conf ormity, to withdraw it or recall it, if 
appropriate. Furthermore, where the subsys tem or the safety component presents a 
risk, importers shall immediately inform the competent national authorities of the Member States in which they made the subsystem or the safety component available on the market to that effect, giving detail s, in particular, of the non-compliance and 
of any corrective measures taken. 
(8) Importers shall, for 30 years after the subsystem or the safety component has been 
placed on the market, keep a copy of the EU declaration of conformity at the disposal 
of the market surveillance authorities and ensure that the technical documentation 
can be made available to t hose authorities, upon request. 
(9) Importers shall, further to a reasoned re quest from a competent national authority, 
provide it with all the in formation and documentation ne cessary to demonstrate the 
conformity of a subsystem or a safety com ponent in a language which can be easily 
understood by that authority. That inform ation and documentation may be provided 
in paper or electronic form. They shall coope rate with that author ity, at its request, on 
any action taken to eliminate the risks pos ed by subsystems or safety components 
which they have placed on the market.  
Article 14 [Article R5 of Decision No 768/2008/EC] 
Obligations of distributors 
(1) When making a subsystem or a safety component available on the market 
distributors shall act with due  care in relation to the requ irements of this Regulation. 
(2) Before making a subsystem or a safety component available on the market 
distributors shall verify that the subsyste m or the safety component bears the CE 
marking and it is accompanied by the EU  declaration of conformity and by 
instructions and safety information in a language which can be easily understood by 
users as determined by the Member State concerned, and that the manufacturer and 
the importer have complied with the requireme nts set out in Article 11(5) and (6) and 
Article 13(3). EN 26   EN Where a distributor considers or has reason to believe that a subsystem or a safety 
component is not in conformity with the essential requirements set out in Annex II, 
he shall not make the subsystem or the sa fety component available on the market 
until it has been brought into conformity. Furthermore, where the subsystem or the safety component presents a risk, the distri butor shall inform the manufacturer or the 
importer to that effect as well as the market surveillance authorities. 
(3) Distributors shall ensure th at, while a subsystem or a safety component is under their 
responsibility, storage or transport conditions do not jeopardise its compliance with the essential requirement s set out in Annex II. 
(4) Distributors who consider or have reason to believe that a subsystem or a safety 
component which they have made available on  the market is not in conformity with 
this Regulation shall make sure that the corrective measures necessary to bring that subsystem or safety component into conf ormity, to withdraw it or recall it, if 
appropriate, are taken. Furthermore, where the subsystem or the safety component 
presents a risk, distributors shall im mediately inform the competent national 
authorities of the Member States in which they made the subsystem or the safety component available to that effect, gi ving details, in particular, of the non-
compliance and of any corrective measures taken. 
(5) Distributors shall, further to a reasoned  request from a competent national authority, 
provide it with all the in formation and documentation ne cessary to demonstrate the 
conformity of a subsystem or a safety component. That information and documentation may be provided in paper or electronic form. They shall cooperate 
with that authority, at its request, on any action taken to eliminate the risks posed by 
the subsystem or the safety component which they have made available on the 
market. 
Article 15 [Article R6 of Decision No 768/2008/EC] 
Cases in which obligations of manufactu rers apply to importers and distributors 
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Regulation and he shall be subj ect to the obligati ons of the manufactur er under Article 11, 
where he places a subsystem or a safety component on the market under his name or trademark or modifies a subsystem or a safety  component already placed on the market in 
such a way that compliance with the require ments of this Regulation may be affected. 
Article 16 [Article R7 of Decision No 768/2008/EC] 
Identification of economic operators 
Economic operators shall, on re quest, identify the following to  the market surveillance 
authorities:  
(a) any economic operator who has supplied them with a subsystem or a safety 
component; 
(b) any economic operator to whom they have supplied a subsystem or a safety 
component. 
Economic operators shall be able to present the information referred to in the first paragraph 
for a period of 30 years after they have been  supplied with the subsystem or the safety EN 27   EN component and for a period of 30 years after they  have supplied the subsystem or the safety 
component. 
CHAPTER III 
CONFORMITY OF SUBSYSTEMS AND SAFETY COMPONENTS  
Article 17 [Article R8 of Decision No 768/2008/EC] 
Presumption of conformity 
Subsystems and safety component s 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 covered by those 
standards or parts thereof, set out  in Annex II.  
Article 18 
Conformity assessment 
(1) 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 in accordance with paragraph 2. 
(2) The means of certification of conformity of subsystems and safety components shall 
be, at the choice of the manufacturer, a ny of the following conformity assessment 
procedures: 
(a) EU-type examination (Module B – production type) set out in Annex IV 
combined with either of the following: 
(i) conformity to type based on quality assurance of the production process 
(Module D), set out in Annex V; 
(ii) conformity to type based on subs ystem or safety component verification 
(Module F), set out in Annex VI. 
(b) conformity based on unit verification (Module G), set out in Annex VII. 
(c) conformity based on full quality assuran ce (Module H), set out in Annex VIII. 
(3) After completion of the procedures referred to  in paragraph 2, th e manufacturer shall, 
in accordance with Article 21, affix the CE marking on the subsystem or the safety component that complies with this Regulation. 
(4) Paragraphs 1, 2 and 3 shall also apply wi th regard to subsystems and safety 
components intended for the manufacturer's own purposes. 
(5) Records and correspondence rela ting to conformity assessme nt shall be drawn up in 
the official language(s) of the Member  State where the body carrying out the 
procedures referred to in para graph 2 is established or in a language accepted by that 
body. 
Article 19 
EU declaration of conformity EN 28   EN (1) The EU declaration of conformity for a subsystem or a safety component shall state 
that the fulfilment of essential requi rements set out in Annex II has been 
demonstrated. 
(2) The EU declaration of conformity shall ha ve the model structure set out in Annex X 
and shall contain the elements specified in the relevant conformity assessment 
procedures set out in Annexes IV to VIII and shall be continuously updated. It shall 
accompany the subsystem or the safety comp onent and shall be translated into the 
language or languages required by the Member  State in whose market the subsystem 
or the safety component is placed  or made available on the market. 
(3) Where a subsystem or a safety component is  subject to more than one Union acts 
requiring an EU declaration of conformit y, a single EU declaration of conformity 
shall be drawn up in respect of all such Un ion acts. That declaration shall contain the 
identification of the Union acts concerned including their public ation references.  
(4) By drawing up the EU declaration of co nformity, the manufacturer shall assume 
responsibility for the complian ce of the subsystem or the safety component with the 
requirements laid down in this Regulation.  
Article 20 [Article R11 of Decision No 768/2008/EC] 
General principles of the CE marking 
The CE marking shall be subject to the general principles set out in Ar ticle 30 of Regulation 
(EC) No 765/2008. 
Article 21 [Article R12 of Decision No 768/2008/EC] 
Rules and conditions for the affixing of the CE marking 
(1) The CE marking shall be affixed visibly, le gibly and indelibly to the subsystem or 
the safety component or to their data plate. 
(2) The CE marking shall be affixed before th e subsystem or the safety component is 
placed on the market. 
(3) The CE marking shall be followed by the identification number of the notified body 
involved in the production control phase. 
(4) The CE marking and the identification num ber referred to in paragraph 3 may be 
followed by any other mark indicating a special risk or use. 
CHAPTER IV 
NOTIFICATION OF CONFOR MITY ASSESSMENT BODIES 
Article 22 [Article R13 of Decision No 768/2008/EC] 
Notification 
Member States shall notify the Commission and th e other Member States of bodies authorised 
to carry out third-party conformity asse ssment tasks in accordance with Article 18. 
Article 23 [Article R14 of Decision No 768/2008/EC] 
Notifying authorities EN 29   EN (1) Member States shall designa te a notifying authority that  shall be responsible for 
setting up and carrying out the necessary procedures  for the assessment and 
notification of conformity assessment bodi es and the monitoring of notified bodies, 
including compliance with Article 26. 
(2) Member States may decide that the a ssessment and monitoring referred to in 
paragraph 1 shall be carried out by a nati onal accreditation body within the meaning 
of and in accordance with Regulation (EC) No 765/2008. 
(3) Where the notifying authority delegates or otherwise entrusts the assessment, 
notification or monitoring referred to in paragraph 1 to a body which is not a governmental entity that body shall be a legal en tity and shall comply mutatis 
mutandis with the requirements laid down in Arti cle 26(1) to (6). In addition it shall 
have arrangements to cover liabi lities arising out of its activities. 
(4) The notifying authority shall take full res ponsibility for the tasks performed by the 
body referred to in paragraph 3.  
Article 24 
[Article R15 of Decision No 768/2008/EC] 
Requirements relating to  notifying authorities 
(1) A notifying authority shall be established in such a way that no conflict of interest 
with conformity assessment bodies occurs. 
(2) A notifying authority shall be organised and operated so as to safeguard the 
objectivity and impartiality of its activities. 
(3) A notifying authority shall be organised in su ch a way that each decision relating to 
notification of a conformity  assessment body is taken by competent persons different 
from those who carried out the assessment. 
(4) A notifying authority shall no t offer or provide any ac tivities that conformity 
assessment bodies perform or consultancy services on a commercial or competitive basis. 
(5) A notifying authority shall safeguard the conf identiality of the information it obtains. 
(6) A notifying authority shall have a suffici ent number of competent personnel at its 
disposal for the proper performance of its tasks. 
Article 25 
[Article R16 of Decision No 768/2008/EC] 
Information obligation of notifying authorities 
Member States shall inform the Commission of their procedures for the assessment and 
notification of conformity a ssessment bodies and the monitori ng of notified bodies, and of 
any changes thereto. 
The Commission shall make that information publicly available. 
Article 26 [Article R17 of Decision No 768/2008/EC] 
Requirements relating to notified bodies 
(1) For the purposes of notifica tion, a notified body shall m eet the requirements laid 
down in paragraphs 2 to 11. EN 30   EN (2) A conformity assessment body shall be esta blished under national law of a Member 
State and have legal personality. 
(3) A conformity assessment body shall be a third-party body independent of the 
organisation or the subsystem or the safety component it assesses. 
A body belonging to a business association or professional federation representing 
undertakings involved in the design, manu facturing, provision, assembly, use or 
maintenance of subsystems or safety  components which it assesses, may, on 
condition that its independence and the ab sence of any conflict of interest are 
demonstrated, be considered such a body. 
(4) A conformity assessment body, its top level management and the personnel 
responsible for carrying out the conform ity assessment tasks shall not be the 
designer, manufacturer, supplier, installer, pu rchaser, owner, user or maintainer of 
the subsystems or the safety components wh ich they assess, nor the representative of 
any of those parties. This shall not preclud e the use of assessed subsystems or safety 
components that are necessary for the opera tions of the conformity assessment body 
or the use of such subsystems or safety components for personal purposes. 
A conformity assessment body, its top level management and the personnel 
responsible for carrying out the conformity assessment ta sks shall not be directly 
involved in the design, manuf acture or construction, the ma rketing, installation, use 
or maintenance of those subsystems or sa fety components, or represent the parties 
engaged in those activities. They shall not  engage in any activity that may conflict 
with their independence of judgement or integrity in  relation to conformity 
assessment activities for which they are notif ied. This shall in pa rticular apply to 
consultancy services. 
Conformity assessment bodies shall ensure that  the activities of th eir subsidiaries or 
subcontractors do not affect the confidentia lity, objectivity or impartiality of their 
conformity assessment activities. 
(5) Conformity assessment bodies and their pe rsonnel shall carry out the conformity 
assessment activities with the highest de gree of professional integrity and the 
requisite technical competence in the spec ific field and shall be free from all 
pressures and inducements, particularly financial, which might influence their 
judgement or the results of their conform ity assessment activitie s, especially as 
regards persons or groups of persons with an interest in the results of those activities. 
(6) A conformity assessment body shall be capab le of carrying out all the conformity 
assessment tasks assigned to it by Annexes IV to VIII .and in relation to which it has been notified, whether those tasks are carried out by the conformity assessment body 
itself or on its behalf and under its responsibility. 
At all times and for each conformity asse ssment procedure and each kind or category 
of subsystems or safety components in relation to which it ha s been notified, a 
conformity assessment body shall have  at its disposal  the necessary: 
(a) personnel with technical knowledge and su fficient and appropriate experience 
to perform the conformity assessment tasks; 
(b) descriptions of procedures in accordan ce with which conformity assessment is 
carried out, ensuring the transparency and the ability of reproduction of those 
procedures. It shall have appropriate policies and procedures in place that 
distinguish between tasks it carries out as a notifi ed body and other activities; EN 31   EN (c) procedures for the performance of activi ties which take due a ccount of the size 
of an undertaking, the sector  in which it operates, it s structure, the degree of 
complexity of the subsystem or safety component technology in question and the mass or serial nature of the production process. 
A conformity assessment body shall have  the means necessary to perform the 
technical and administrative tasks connected with the conformity assessment tasks in 
an appropriate manner and shall have access to  all necessary equipm ent or facilities. 
(7) The personnel responsible for carrying out  conformity assessm ent activities shall 
have the following: 
(a) sound technical and vocational training covering all the conformity assessment 
activities in relation to  which the conformity assessment body has been 
notified; 
(b) satisfactory knowledge of the requiremen ts of the assessments they carry out 
and adequate authority to carry out those assessments; 
(c) appropriate knowledge and understanding of the essential requirements set out 
in Annex II, of the applicable harm onised standards and of the relevant 
provisions of Union harmoni sation legislation and of  national legislation; 
(d) the ability to draw up certificates, records and reports demonstrating that 
assessments have been carried out. 
(8) The impartiality of the c onformity assessment bodies, their top level management 
and of the personnel responsib le for carrying out the conformity assessment tasks 
shall be guaranteed. 
The remuneration of the top level manageme nt and of the personnel responsible for 
carrying out the conformity assessment task s of a conformity assessment body shall 
not depend on the number of assessments ca rried out or on the results of those 
assessments. 
(9) Conformity assessment bodies shall take ou t liability insurance unless liability is 
assumed by the State in accordance with nati onal law, or the Member State itself is 
directly responsible for th e conformity assessment. 
(10) The personnel of a conformity assessment body shall observe professional secrecy 
with regard to all information obtained in  carrying out their ta sks under Annexes IV 
to VIII or any provision of national law giving effect to them, except in relation to the competent authorities of the Member St ate in which its activities are carried out. 
Proprietary rights shall be protected. 
(11) Conformity assessment bodies shall participate in, or ensure that their personnel 
responsible for carrying out the conformity  assessment tasks are informed of, the 
relevant standardisation activities and the activities of the notified body coordination 
group established under this Regulation a nd shall apply as general guidance the 
administrative decisions and documents produc ed as a result of the work of that 
group. 
Article 27 
[Article R18 of Decision No 768/2008/EC] 
Presumption of conformity 
Where a conformity assessment body demonstrates its conformity with the criteria laid down 
in the relevant harmonised standards or parts thereof the references of which have been EN 32   EN published in the Official Journal of the European Union it shall be presumed to comply with 
the requirements set out in Article 26  in so far as the applicable harmonised standards cover 
those requirements.  
Article 28 [Article R20 of Decision No 768/2008/EC] 
Subsidiaries of and subcont racting by notified bodies 
(1) Where a notified body subcontracts specif ic tasks connected with conformity 
assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or 
the subsidiary meets the requirements set out in Article 26 and shall inform the notifying authority accordingly. 
(2) Notified bodies shall take full res ponsibility for the tasks performed by 
subcontractors or subsidiaries wh erever these are established. 
(3) Activities may be subcontracted or carr ied out by a subsid iary only with the 
agreement of the client. 
(4) Notified bodies shall keep at the disposal of the notifying authority the relevant 
documents concerning the assessment of the qua lifications of the subcontractor or the 
subsidiary and the work carried out by them under Annexes IV to VIII. 
Article 29 
[Article R22 of Decision No 768/2008/EC] 
Application for notification 
(1) A conformity assessment body shall submit an  application for notification to the 
notifying authority of the Member State in which it is established. 
(2) The application for notification shall be  accompanied by a description of the 
conformity assessment activit ies, the conformity assessm ent module or modules and 
the subsystem/safety component or subsystems/safety components for which that body claims to be competent, as well as by an accreditation certificate, where one 
exists, issued by a nationa l accreditation body attestin g that the conformity 
assessment body fulfils the requirem ents laid down in Article 26. 
(3) Where the conformity assessment body c oncerned cannot provide an accreditation 
certificate, it shall provide the notifying au thority with all the documentary evidence 
necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 26. 
Article 30 
[Article R23 of Decision No 768/2008/EC] 
Notification procedure 
(1) Notifying authorities may notify only conf ormity assessment bodies which have 
satisfied the requirements laid down in Article 26. 
(2) They shall notify the Commission and the othe r Member States us ing the electronic 
notification tool developed and managed by the Commission. 
(3) The notification shall include full details of the conformity assessment activities, the 
conformity assessment module or modules and the subsystem/safety component or subsystems/safety components concerned and the relevant attestation of competence. 
(4) Where a notification is not based on an accr editation certificate as referred to in 
Article 29(2), the notifying authority sh all provide the Commission and the other EN 33   EN Member States with documentary evidence which attests the conformity assessment 
body's competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in 
Article 26. 
(5) The body concerned may perform the activ ities of a notified body only where no 
objections are raised by the Commission or  the other Member States within two 
weeks of a notification wher e an accreditation certificate is used or within two 
months of a notification wher e accreditation is not used. 
Only such a body shall be considered a notified body for the purposes of this 
Regulation. 
(6) The Commission and the other Member States shall be no tified of any subsequent 
relevant changes to the notification.  
Article 31 
[Article R24 of Decision No 768/2008/EC] 
Identification numbers and lists of notified bodies 
(1) The Commission shall assign an identif ication number to a notified body. 
It shall assign a single such  number even where the body is notified under several 
Union acts. 
(2) The Commission shall make publicly availa ble the list of the notified bodies under 
this Regulation, including the identification numbers that ha ve been assigned to them 
and the activities for which they have been notified. 
The Commission shall ensure that that list is kept up to date. 
Article 32 [Article R25 of Decision No 768/2008/EC] 
Changes to notifications 
(1) Where a notifying authority has ascertained or  has been informed that a notified body 
no longer meets the requirements laid down in Article 26 or that it is failing to fulfil 
its obligations, the notifying authority sha ll, as appropriate, restrict, suspend or 
withdraw the notification, de pending on the seriousness of the failure to meet those 
requirements or fulfil those obligations. It shall immediately inform the Commission 
and the other Member States accordingly. 
(2) In the event of restriction, suspension or withdrawal of notific ation, or where the 
notified body has ceased its activity, the notifying Member State shall take 
appropriate steps to ensure that the files of that body ar e either processed by another 
notified body or kept available for the re sponsible notifying and market surveillance 
authorities at their request. 
Article 33 [Article R26 of Decision No 768/2008/EC] 
Challenge of the competence of notified bodies 
(1) The Commission shall investigate all cases where it doubts, or doubt is brought to its 
attention regarding, the competence of a notified body or the c ontinued fulfilment by 
a notified body of the requirements and responsibilities to wh ich it is subject. EN 34   EN (2) The notifying Member State shall provide  the Commission, on request, with all 
information relating to the basis for the notification or the maintenance of the competence of the notified body concerned. 
(3) The Commission shall ensure that all sensi tive information obtained in the course of 
its investigations is treated confidentially. 
(4) Where the Commission ascertains that a notified body does not meet or no longer 
meets the requirements for its notificati on, it shall adopt an implementing act 
requesting the notifying Member State to take the necessary corrective measures, 
including withdrawal of notification if necessary. 
The implementing act referred to in the first subparagraph shall be adopted in 
accordance with the advisory procedur e referred to in Article 39(2). 
Article 34 
[Article R27 of Decision No 768/2008/EC] 
Operational obligations of notified bodies 
(1) Notified bodies shall carry out conform ity assessments in accordance with the 
conformity assessment procedures pr ovided for in Annexes IV to VIII. 
(2) Conformity assessments shall be carried out in a proportionate manner, avoiding 
unnecessary burdens for economic operators. 
Conformity assessment bodies shall perform their activities taking due account of the 
size of an undertaking, the se ctor in which it operates, it s structure, the degree of 
complexity of the subsystem or safety  component technology in question and the 
mass or serial nature of the production process. 
In so doing they shall nevertheless respec t the degree of rigour and the level of 
protection required for the compliance of the subsystem or the safety component 
with the provisions of this Regulation. 
(3) Where a notified body finds that essential requirement s set out in Annex II or 
corresponding harmonised standards or other technical specificati ons have not been 
met by a manufacturer, it sh all require that manufactur er to take appropriate 
corrective measures and shall not issue a conformity certificate. 
(4) Where, in the course of the monitoring of conformity following the issue of a 
certificate, a notified body finds that a s ubsystem or a safety component no longer 
complies, it shall require the manufacturer to take appropriate corrective measures 
and shall suspend or withdraw the certificate if necessary.  
(5) Where corrective measures are not taken or do not have the required effect, the 
notified body shall restrict, suspend or withdraw any cer tificates, as appropriate. 
Article 35  
Appeal against decisi ons of notified bodies 
Member States shall ensure that an appeal pr ocedure against decisions of notified bodies is 
available. 
Article 36 [Article R28 of Decision No 768/2008/EC] 
Information obligation of notified bodies EN 35   EN (1) Notified bodies shall inform the notifying authority of the following: 
(a) any refusal, restriction, suspensi on or withdrawal of a certificate; 
(b) any circumstances affecting the scope of or the conditions  for notification; 
(c) any request for information which they have received from market surveillance 
authorities regarding confor mity assessment activities; 
(d) on request, conformity assessment activ ities performed within the scope of 
their notification and a ny other activity performed, including cross-border 
activities and subcontracting. 
(2) Notified bodies shall provide the other bodi es notified under this Regulation carrying 
out similar conformity assessment activities covering the same subsystems or safety 
components with relevant information on issues relating to negative and, on request, positive conformity assessment results. 
Article 37 
[Article R29 of Decision No 768/2008/EC] 
Exchange of experience 
The Commission shall provide for the organisation of exchange of experience between the 
Member States' national authorities responsible for notification policy. 
Article 38 [Article R30 of Decision No 768/2008/EC] 
Coordination of notified bodies 
The Commission shall ensure that appropriate  coordination and coope ration between bodies 
notified under this Regulation are put in place and properly operated in the form of a sectoral 
group or groups of notified bodies. 
Member States shall ensure that the bodies notifie d by them participate in the work of that or 
those group or groups, directly or by m eans of designated representatives. 
CHAPTER V 
COMMITTEE PROCEDURE, TRANSITIO NAL AND FINAL PROVISIONS 
Article 39  
Committee procedure 
(1) The Commission shall be assisted by the Committee on cableway installations. That 
committee shall be a committee within the meaning of Regulation (EU) No 
182/2011. 
(2) Where reference is made to this paragr aph, Article 4 of Regulation (EU) No 
182/2011 shall apply. 
Article 40  
Penalties 
The Member States shall lay down the rules on  penalties applicable to infringements by 
economic operators of the provisions of this Re gulation and shall take all measures necessary EN 36   EN to ensure that they are enforced. Such rule s may include criminal penalties for serious 
infringements. 
The penalties provided for shall be eff ective, proportionate and dissuasive. 
The Member States shall notify thos e provisions to the Commission by [3  months prior to the 
date referred to in Article 43(2)]  and shall notify it without delay of any subsequent 
amendment affecting them. 
Article 41  
Transitional provisions 
Member States shall not impede the making ava ilable on the market of subsystems or safety 
components covered by Directive 2000/9/EC which are in conformity with  that Directive and 
which were placed on the market before [the date referred to in Article 43(2)]. 
Member States shall not impede the entry into service of cableway in stallations covered by 
Directive 2000/9/EC which are in  conformity with that Directive and which were constructed 
before [the date referred to in Article 43(2)].  
Article 42  
Repeal 
Directive 2000/9/EC is repealed from [ the date referred to in Article 43(2) ]. 
References to the repealed Directive shall be construed as references to this Regulation and 
shall be read with in accordance with th e correlation table laid down in Annex X. 
Article 43  
Entry into force and date of application 
(1) This Regulation shall enter into force on the twentieth day following that of its 
publication in the Official J ournal of the European Union. 
(2) It shall apply from [two years after entry into force]. 
(3) By way of derogation from pa ragraph 2, Articles 22 to 38  shall apply from [six 
months after entry into force]. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
For the European Parliament For the Council 
The President The President