### cable - operated lifts , whether vertical or inclined , permanently serving specific levels of buildings and constructions other than the stations , are subject to specific union legislation and should be excluded from the scope of this regulation . ### lifts , including cable - operated lifts , whether vertical or inclined , permanently serving specific levels of buildings and constructions and not operating between cableway stations , are subject to specific union legislation and should be excluded from the scope of this regulation .


### 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 . ### 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 or safety of persons or property when properly installed , maintained and operated in accordance with their intended purpose .


### subsystems and safety components should 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 property when properly installed , maintained and operated in accordance with their intended purpose . ### subsystems and safety components should 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 or safety of persons or property when properly installed , maintained and operated in accordance with their intended purpose .


### 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 assessment procedures have been carried out by manufacturers with regard to those subsystems 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 subsystems and safety components which do not comply with such requirements or present 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 component marking and documentation drawn up by manufacturers are available for inspection by the competent supervisory authorities . ### 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 assessment procedures have been carried out by manufacturers with regard to those subsystems 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 subsystems and safety components which do not comply with such requirements or present 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 component marking and documentation drawn up by manufacturers are available for inspection by the competent national authorities .


### 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 . ### 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 subsystem or 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 subsystem or safety component .


### 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 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 . ### 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 , subsystems and safety components which are in conformity with harmonised standards that are adopted in accordance with regulation 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 .


### to ensure effective access to information for market surveillance purposes , the information required to identify all applicable union acts for a subsystem or a safety component should be available in a single eu declaration of conformity . ### to ensure effective access to information for market surveillance purposes , the information required to identify all applicable union acts for a subsystem or a safety component should be available in a single eu declaration of conformity . in order to reduce the administrative burden on economic operators , that single eu declaration of conformity may be a dossier made up of the relevant individual declarations of conformity .


### 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 . ### 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 , operating personnel and third parties .


### experience has shown that the criteria set out in directive 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 , essential that all conformity assessment bodies perform their functions to the same level and under conditions of fair competition . that requires the setting of obligatory requirements for conformity assessment bodies wishing to be notified in order to provide conformity assessment services . ### experience has shown that the criteria set out in directive 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 notified bodies throughout the union . it is , however , essential that all notified bodies perform their functions to the same level and under conditions of fair competition . that requires the setting of obligatory requirements for conformity assessment bodies wishing to be notified in order to provide conformity assessment services .


### in the interests of competitiveness , it is crucial that conformity assessment bodies apply the conformity assessment procedures without creating unnecessary burdens for economic operators . for the same reason , and to ensure equal treatment of economic operators , consistency in the technical application of the conformity assessment procedures needs to be ensured . that can best be achieved through appropriate coordination and cooperation between conformity assessment bodies . ### in the interests of competitiveness , it is crucial that notified bodies apply the conformity assessment procedures without creating unnecessary burdens for economic operators . for the same reason , and to ensure equal treatment of economic operators , consistency in the technical application of the conformity assessment procedures needs to be ensured . that can best be achieved through appropriate coordination and cooperation between notified bodies .


### it is necessary to provide for transitional 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 . ### it is necessary to provide for transitional arrangements that allow the making available on the market and the entry into service , without the need to comply with further product requirements , of subsystems and safety components that have already been placed on the market in accordance with directive 2000 / 9 / ec .


### member states should lay down rules on penalties applicable to infringements to this regulation and ensure that they are implemented . those penalties must be effective , proportionate and dissuasive . ### member states should lay down rules on penalties applicable to infringements to this regulation and ensure that they are enforced . the penalties provided for should be effective , proportionate and dissuasive .


### since the objective of this regulation , namely to ensure that cableway installations fulfil the requirements providing for a high level protection of and safety of users while guaranteeing the functioning of the internal market for subsystems and safety components cannot be sufficiently achieved by the member states and can therefore , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objective of this regulation , namely to ensure that cableway installations fulfil the requirements providing for a high level protection of health and safety of persons while guaranteeing the functioning of the internal market for subsystems and safety components cannot be sufficiently achieved by the member states but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### this regulation lays down rules on the design and construction of cableway installations designed to transport persons and on the making available on the market and the free movement of subsystems and safety components for such installations . ### this regulation lays down rules on the making available on the market and the free movement of subsystems and safety components for cableway installations . it also contains rules on the design , construction and entry into service of new cableway installations .


### cable - operated tramways of traditional construction ; ### cableway installations of historical construction , including cable - operated tramways , funicular railways and cliff railways , as identified by national law , including subsystems and safety components specifically designed for them ;


### installations intended for agricultural purposes and for the service of mountain shelters and huts that are not intended for the transport of the public ; ### installations intended for agricultural or forestry purposes ;


### on - site or mobile equipment for use in fairgrounds and / or amusement parks which are exclusively designed for leisure purposes and not as a means for transporting persons ; ### on - site or mobile equipment exclusively designed for leisure and amusement purposes and not as a means for transporting persons ;


### ' infrastructure ' means the layout , system data , station structures and structures along the line especially designed for each installation and constructed on site and which are needed for the construction and the operation of the installation , including the foundations ; ### ' infrastructure ' means station structures and structures along the line especially designed for each cableway installation and constructed on site , which take into account the layout and the data of the system and which are needed for the construction and the operation of the cableway installation , including the foundations ;


### ' technical specification ' means a document that prescribes technical requirements to be fulfilled by an installation , infrastructure , subsystem or safety component ; ### ' technical specification ' means a document that prescribes technical requirements to be fulfilled by a cableway installation , infrastructure , subsystem or safety component ;


### ' recall ' means any measure aimed at achieving the return of a subsystem or a safety component that has already been incorporated into a cableway installation ; ### ' recall ' means any measure aimed at achieving the return of a subsystem or a safety component that has already been made available for the design and construction of a cableway installation ;


### 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 . ### subsystems and safety components shall only be&#160 ; made available on the market if they satisfy the requirements of this regulation .


### member states shall take all appropriate measures in accordance with article 9 , to determine the procedures to ensure that cableway 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 property when properly installed , maintained and operated in accordance with their intended purpose . ### member states shall take all appropriate measures in accordance with article 9 , to determine the procedures to ensure that cableway installations enter into service only if they satisfy the requirements of this regulation and they are not liable to endanger the health or safety of persons or property when properly installed , maintained and operated in accordance with their intended purpose .


### cableway installations which are in conformity with harmonised standards or parts thereof the references of which have been published in the official journal of the european union shall be presumed to be in conformity with the essential requirements covered by those standards or parts thereof , referred to in annex ii . ### cableway installations which are in conformity with harmonised standards or parts thereof the references of which have been published in the official journal of the european union shall be presumed to be in conformity with the essential requirements set out in annex ii covered by those standards or parts thereof .


### subsystems and safety components 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 . ### subsystems and safety components which are in conformity with harmonised standards or parts thereof the references of which have been published in the official journal of the european union shall be presumed to be in conformity with the essential requirements set out in annex ii covered by those standards or parts thereof .


### all planned installations shall be subject to a safety analysis as defined in annex iii which shall cover all safety aspects of the 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 risks liable to occur during the operation of the cableway installation . ### the person responsible for the cableway installation , determined by a member state in accordance with national law , shall carry out a safety analysis of the planned cableway installation or have such safety analysis carried out .


### 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 well as the documentation concerning the characteristics of the cableway installation are submitted to the authority responsible for approving the cableway installation . the documentation concerning the cableway installation shall also include the necessary conditions , including the restrictions on operation , and full details for servicing supervision , adjustment and maintenance of the cableway installation . a copy of those documents shall be kept at the cableway installation . ### the person responsible for the cableway installation , determined by a member state in accordance with national law , shall submit the safety report , as referred to in article 8 , the eu declaration of conformity and the other documents relating to the conformity of subsystems and safety components as well as the documentation concerning the characteristics of the cableway installation to the authority or body responsible for approving the cableway installation . the documentation concerning the cableway installation shall also include the necessary conditions , including the restrictions on operation , and full details for servicing supervision , adjustment and maintenance of the cableway installation . a copy of those documents shall be kept at the cableway installation .


### member states shall not use the provisions referred to in paragraph 1 to prohibit , restrict or hinder , on grounds related to the aspects covered by this regulation , the construction and the entry into service of cableway installations which comply with this regulation and do not present a risk to the health and safety of persons or to property when properly installed in accordance with their intended purpose . ### member states shall not use the provisions referred to in paragraph 1 to prohibit , restrict or hinder , on grounds related to the aspects covered by this regulation , the construction and the entry into service of cableway installations which comply with this regulation and do not present a risk to the health or safety of persons or to property when properly installed in accordance with their intended purpose .


### if a member state finds that an approved 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 . ### if a member state finds that an approved cableway installation which is used in accordance with its intended purpose is liable to endanger the health or safety of persons , or endanger property , it shall take all appropriate measures to restrict the conditions of operation of the cableway installation or to prohibit the operation thereof .


### manufacturers shall ensure that their subsystems or safety components are accompanied by the eu declaration of conformity and that they bear a type , batch or serial number or other element allowing their identification . ### manufacturers shall ensure that subsystems or safety components which they have placed on the market bear a type , batch or serial number allowing their identification .


### where the size or nature of the safety component does not allow it , manufacturers shall ensure that the required information is provided on the packaging or in the instructions accompanying the safety component . ### where the size or nature of the subsystem or the safety component does not allow it , manufacturers shall ensure that the required information is provided on the packaging and in the documents accompanying the subsystem or the safety component .


### manufacturers shall indicate on the subsystem 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 contacted . the contact details shall be in a language easily understood by users and the market surveillance authorities as determined by the member state concerned . ### manufacturers shall indicate on the subsystem 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 document accompanying the subsystem or the safety component . the address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in a language easily understood by users and the market surveillance authorities as determined by the member state concerned .


### manufacturers shall indicate on the subsystem 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 contacted . the contact details shall be in a language easily understood by users and market surveillance authorities as determined by the member state concerned . ### manufacturers shall indicate on the subsystem or the safety component their name , registered trade name or registered trade mark and the postal address at which they can be contacted or on the packaging and in the instructions accompanying the safety component . the address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in a language easily understood by users and market surveillance authorities as determined by the member state concerned .


### manufacturers shall ensure that the subsystem or the safety component 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 . such instructions and safety information shall be clear , understandable and intelligible . ### manufacturers shall ensure that the subsystem or the safety component is accompanied by a copy of the eu declaration of conformity and by instructions and safety information as set out in annex ii , point 7 . 1 . 1 . , 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 .


### 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 the necessary corrective measures necessary to bring that subsystem or safety component into conformity , to withdraw it or recall it , if appropriate . furthermore , where the subsystem or the safety component presents a risk , manufacturers 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 details , in particular , of the non - compliance and of any corrective measures taken . ### manufacturers who consider or have reason to believe that a subsystem or a safety component which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring that subsystem or safety component into conformity , to withdraw it or recall it , if appropriate . furthermore , where the subsystem or the safety component presents a risk , manufacturers 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 details , in particular , of the non - compliance and of any corrective measures taken .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the subsystem or the safety component with this regulation , in a language which can be easily understood by that authority . 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 subsystems or safety components which they have placed on the market . ### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the subsystem or the safety component with this regulation , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by the subsystems or safety components which they have placed on the market .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the subsystem or the safety component with this regulation , in a language which can be easily understood by that authority . 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 subsystems or safety components which they have placed on the market . ### in the case of components not available on the market on the basis of the provisions of the harmonised standards , manufacturers shall supply all the information and documentation necessary to demonstrate the conformity of the subsystem or the safety component with this regulation , in a language which can be easily understood by the competent national authority . 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 subsystems or safety components which they have placed on the market .


### importers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a subsystem or a safety component in a language which can be easily understood by that authority . 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 subsystems or safety components which they have placed on the market . ### importers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation in paper or in electronic form necessary to demonstrate the conformity of a subsystem or a safety component in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by subsystems or safety components which they have placed on the market .


### keep the eu declaration of conformity and the technical documentation at the disposal of national surveillance authorities for 30 years after the subsystem or the safety component has been placed on the market ; ### keep the eu declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 30 years after the subsystem or the safety component has been placed on the market ;


### 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 instructions and safety information and that the manufacturer has complied with the requirements set out in article 11 and respectively . ### before placing on the market a subsystem or a safety component , importers shall ensure that the appropriate conformity assessment procedure referred to in 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 a copy of the eu declaration of conformity , that it bears the ce marking and is accompanied by instructions and safety information and that the manufacturer has complied with the requirements set out in article 11 and .


### importers shall indicate their name , registered trade name or registered trade mark and the postal address at which they can be contacted on the subsystem 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 market surveillance authorities as determined by the member state concerned . ### importers shall indicate on the subsystem 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 its packaging and in a document accompanying the subsystem or the safety component . the contact details shall be in a language easily understood by users and market surveillance authorities as determined by the member state concerned .


### importers shall ensure that , while a subsystem or a safety component is under their responsibility , storage or transport conditions do not jeopardise their compliance with the requirements set out in annex ii . ### importers shall ensure that , while a subsystem or a safety component is under their responsibility , storage or transport conditions do not jeopardise their compliance with the essential requirements set out in annex ii .


### distributors shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary 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 . ### distributors shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of a subsystem or a safety component . 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 .


### before making a subsystem or a safety component available on the market distributors shall verify that the subsystem 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 requirements set out in article 11 and and article 13 . ### before making a subsystem or a safety component available on the market distributors shall verify that the subsystem or the safety component bears the ce marking and it is accompanied by a copy of 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 requirements set out in article 11 and and article 13 . .


### conformity based on full quality assurance , set out in annex viii . ### conformity based on full quality assurance plus design examination , set out in annex viii .


### records and correspondence relating to conformity assessment shall be drawn up in the official language of the member state where the body carrying out the procedures referred to in paragraph 2 is established or in a language accepted by that body . ### records and correspondence relating to the conformity assessment procedures shall be drawn up in the official language of the member state where the body carrying out the procedures referred to in paragraph 2 is established or in a language accepted by that body .


### the eu declaration of conformity shall have 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 component 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 . ### the eu declaration of conformity shall have the model structure set out in annex x and shall contain the elements specified in the relevant modules set out in annexes iv to viii and shall be continuously updated . it shall accompany the subsystem or the safety component and shall be translated into the language or languages required by the member state in which the subsystem or the safety component is placed or made available on the market .


### the eu declaration of conformity shall have 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 component 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 . ### the eu declaration of conformity shall have 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 updated when the subsystem or safety component is placed on the market . it shall accompany the subsystem or the safety component 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 .


### the ce marking shall be affixed visibly , legibly and indelibly to the subsystem or the safety component or to their data plate . ### the ce marking shall be affixed visibly , legibly and indelibly to the subsystem or the safety component or to their data plate . where that is not possible or not warranted on account of the nature of the subsystem or the safety component , it shall be affixed to the packaging and to the accompanying documents .


### the ce marking shall be followed by the identification number of the notified body involved in the production control phase . ### the ce marking shall be followed by the identification number of the notified body involved in the production control phase . the identification number of the notified body shall be affixed by the body itself or , under its instructions , by the manufacturer or his authorised representative .


### member states shall notify the commission and the other member states of bodies authorised to carry out third - party conformity assessment tasks in accordance with article 18 . ### member states shall notify the commission and the other member states of bodies authorised to carry out third - party conformity assessment tasks under this regulation .


### member states shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies , including compliance with article 26 . ### member states shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies , including compliance with article 28 .


### 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 entity and shall comply mutatis mutandis with the requirements laid down in article 26 to . in addition it shall have arrangements to cover liabilities arising out of its activities . ### 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 entity and shall comply mutatis mutandis with the requirements laid down in article 24 . in addition it shall have arrangements to cover liabilities arising out of its activities .


### information obligation of notifying authorities ### information obligation on notifying authorities


### for the purposes of notification , a notified body shall meet the requirements laid down in paragraphs 2 to 11 . ### for the purposes of notification , a conformity assessment&#160 ; body shall meet the requirements laid down in paragraphs 2 to 11 .


### the personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks 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 state in which its activities are carried out . proprietary rights shall be protected . ### the personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under annexes iv to viii or any provision of national law giving effect to it , except in relation to the competent authorities of the member state in which its activities are carried out . proprietary rights shall be protected .


### presumption of conformity ### presumption of conformity of notified bodies


### the commission and the other member states shall be notified of any subsequent relevant changes to the notification . ### the notifying authority shall notify the commission and the other member states of any subsequent relevant changes to the notification .


### the commission shall make publicly available the list of the notified bodies under this regulation , including the identification numbers that have been assigned to them and the activities for which they have been notified . ### the commission shall make publicly available the list of the bodies notified under this regulation , including the identification numbers that have 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 . ### the commission shall ensure that the list is kept up to date .


### 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 shall , as appropriate , restrict , suspend or withdraw the notification , depending 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 . ### 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 shall&#160 ; restrict , suspend or withdraw the notification as appropriate , depending 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 .


### the implementing act referred to in the first subparagraph shall be adopted in accordance with the advisory procedure referred to in article 39 . ### that implementing act shall be adopted in accordance with the advisory procedure referred to in article 39 .


### where a notified body finds that essential requirements set out in annex ii or corresponding harmonised standards or other technical specifications have not been met by a manufacturer , it shall require that manufacturer to take appropriate corrective measures and shall not issue a conformity certificate . ### where a notified body finds that essential requirements set out in annex ii or corresponding harmonised standards or other technical specifications have not been met by a manufacturer , it shall require that manufacturer to take appropriate corrective measures and shall not issue a certificate of conformity .


### member states shall ensure that an appeal procedure against decisions of notified bodies is available . ### notified bodies shall ensure that an appeal procedure against their decisions is available .


### information obligation of notified bodies ### information obligation on notified bodies


### the commission shall ensure that appropriate coordination and cooperation 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 . ### the commission shall ensure that appropriate coordination and cooperation between bodies notified under this regulation are put in place and properly operated in the form of the coordination group of notified bodies for cableway installations .


### member states shall ensure that the bodies notified by them participate in the work of that or those group or groups , directly or by means of designated representatives . ### notified bodies shall participate in the work of that group , directly or by means of designated representatives .


### member states shall not impede the entry into service of cableway installations 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 ] . ### member states shall not impede the entry into service of cableway installations covered by directive 2000 / 9 / ec which are in conformity with that directive and which were installed before [ the date referred to in article 43 ] .


### references to the repealed directive shall be construed as references to this regulation and shall be read with in accordance with the correlation table laid down in annex x . ### references to the repealed directive shall be construed as references to this regulation and shall be read with in accordance with the correlation table laid down in annex xi .


### by way of derogation from paragraph 2 , articles 22 to 38 shall apply from [ six months after entry into force ] . ### by way of derogation from paragraph 2 , articles 22 to 35 shall apply from [ six months after entry into force ] .


### this annex sets out the essential requirements , including maintainability and operability , applicable to the design , construction and entry into service of cableway installations . ### this annex sets out the essential requirements , including maintainability and operability , applicable to the design , construction and entry into service of cableway installations , and applicable to subsystems and safety components .


### 2 . 3 . 3 . in all cableway installations there shall be two or more braking systems , each capable of bringing the cableway installation to a halt , and coordinated in such a way that they automatically replace the active system when its efficiency becomes inadequate . the traction cable ' s last braking system shall act directly on the driving pulley . these provisions do not apply to drag lifts . ### 2 . 3 . 3 . in all cableway installations there shall be two or more braking systems , each capable of bringing the cableway installation to a halt , and coordinated in such a way that they automatically replace the active system when its efficiency becomes inadequate . in order to ensure that passengers feel the braking effort , it must be applied in a safe manner as close as possible to the traction cable . these provisions do not apply to drag lifts .


### eu type - examination is the part of a conformity assessment procedure in which a notifiedbody examines the technical design of a subsystem or a safety component and verifies and attests that it meets the requirements of this regulation . ### eu type - examination is the part of a conformity assessment procedure in which a notified body examines the technical design of a subsystem or a safety component and verifies and attests that the technical design meets the requirements of this regulation that apply to it .


### eu - type examination is carried out by assessment of the adequacy of the technical design of the subsystem or the safety component through examination of the technical documentation and supporting evidence referred to in point 3 , plus examination of a specimen , representative of the production envisaged , of the complete subsystem or safety component . ### eu - type examination is carried out by assessment of the adequacy of the technical design of the subsystem or the safety component through examination of the technical documentation referred to in point 3 , plus examination of a specimen , representative of the production envisaged , of the complete subsystem or safety component .


### 1 . examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the subsystem or the safety component ; ### 1 . examine the technical documentation to assess the adequacy of the technical design of the subsystem or the safety component ;


### the notified body shall draw up an evaluation report that records the activities undertaken in accordance with point 1 . 4 and their outcomes . without prejudice to its obligations vis - à vis the notifying authorities , the notified body shall release the content of that report , in full or in part , only with the agreement of the manufacturer . ### the notified body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes . without prejudice to its obligations vis - à vis the notifying authorities , the notified body shall release the content of that report , in full or in part , only with the agreement of the manufacturer .


### the certificate and its annexes shall contain all relevant information to allow the conformity of manufactured subsystems and safety components with the examined type to be evaluated and to allow for in - service control . ### the eu - type examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured subsystems and safety components with the examined type to be evaluated and to allow for in - service control . it shall also indicate any conditions to which its issue may be subject and be accompanied by the descriptions and drawings necessary for identification of the approved type .


### each notified body shall inform its notifying authorities and the other notified bodies concerning the eu - type examination certificates and / or any additions thereto which it has issued . ### each notified body shall inform its notifying authority concerning the eu - type examination certificates and / or any additions thereto which it has issued or withdrawn , and shall , periodically or upon request , make available to its notifying authority the list of such certificates and / or any additions thereto refused , suspended or otherwise restricted .


### the notified body which refuses to issue or withdraws , suspends or otherwise restricts an eu - type examination certificate must inform its notifying authorities and the other notified bodies accordingly , giving the reasons for its decision . ### each notified body shall inform the other notified bodies concerning the eu - type examination certificates and / or any additions thereto which it has refused , withdrawn , suspended or otherwise restricted , and , upon request , concerning such certificates and / or additions thereto which it has issued .


### the commission , the member states and the other notified bodies may , on request , obtain a copy of the eu - type examination certificates and / or additions thereto . on request , the commission and the member states may obtain a copy of the technical documentation and the results of the examinations carried out by the notified body . the notified body shall keep a copy of the eu - type examination certificate , its annexes and additions , as well as the technical file including the documentation submitted by the manufacturer , until the expiry of the validity of the certificate . ### the commission , the member states and the other notified bodies may , on request , obtain a copy of the eu - type examination certificates and / or additions thereto . on request , the commission and the member states may obtain a copy of the technical documentation and the results of the examinations carried out by the notified body . the notified body shall keep a copy of the eu - type examination certificate , its annexes and additions , as well as the technical file including the documentation submitted by the manufacturer , until the expiry of the validity of that certificate .


### conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 . 2 and 2 . 5 , and ensures and declares on his sole responsibility that the subsystems or safety components concerned are in conformity with the type described in the eu - type examination certificate and satisfy the requirements of this regulation that apply to them . ### conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5 , and ensures and declares on his sole responsibility that the subsystems or safety components concerned are in conformity with the type described in the eu - type examination certificate and satisfy the requirements of this regulation that apply to them .


### the manufacturer shall operate an approved quality system for production , final product inspection and testing of the subsystems or safety components concerned as specified in point 2 . 3 , and shall be subject to surveillance as specified in point 2 . 4 . ### the manufacturer shall operate an approved quality system for production , final product inspection and testing of the subsystems or safety components concerned as specified in point 3 , and shall be subject to surveillance as specified in point 4 .


### 1 . the manufacturer shall affix the ce marking and , under the responsibility of the notified body referred to in point 3 . 1 , the latter ' s identification number to each individual subsystem or safety component that is in conformity with the type described in the eu - type examination certificate and satisfies the applicable requirements of this regulation . if the notified body agrees and under its responsibility , the manufacturer may affix the notified body ' s identification number to the subsystems or safety components during the manufacturing process . ### 1 . the manufacturer shall affix the ce marking and , under the responsibility of the notified body referred to in point 3 . 1 , the latter ' s identification number to each individual subsystem or safety component that is in conformity with the type described in the eu - type examination certificate and satisfies the applicable requirements of this regulation .


### 1 . the manufacturer shall affix the ce marking and , under the responsibility of the notified body referred to in point 3 , the latter ' s identification number to each individual subsystem or safety component that is in conformity with the approved type described in the eu - type examination certificate and satisfies the applicable requirements of this regulation . ### 1 . the manufacturer shall affix the ce marking and , under the responsibility of the notified body referred to in point 3 , the latter ' s identification number to each individual subsystem or safety component model that is in conformity with the approved type described in the eu - type examination certificate and satisfies the applicable requirements of this regulation .


### 2 . the manufacturer shall draw up a written eu declaration of conformity for each subsystem or safety component and keep it at the disposal of the national authorities for 30 years after the subsystem or the safety component has been placed on the market . the eu declaration of conformity shall identify the subsystem or safety component model for which it has been drawn up . ### 2 . the manufacturer shall draw up a written eu declaration of conformity for each subsystem or safety component model and keep it at the disposal of the national authorities for 30 years after the subsystem or the safety component has been placed on the market . the eu declaration of conformity shall identify the subsystem or safety component model for which it has been drawn up .


### 2 . the manufacturer shall draw up a written eu declaration of conformity for each subsystem or safety component and keep it at the disposal of the national authorities , for 30 years after the subsystem or the safety component has been placed on the market . the eu declaration of conformity shall identify the subsystem or safety component for which it has been drawn up . ### 2 . the manufacturer shall draw up a written eu declaration of conformity for each subsystem or safety component and keep it at the disposal of the national authorities , for 30 years after the subsystem or the safety component has been placed on the market . the eu declaration of conformity shall identify the subsystem or safety component model for which it has been drawn up .


### 2 . the manufacturer shall draw up a written eu declaration of conformity for each subsystem or safety component and keep a copy of it at the disposal of the national authorities for 30 years after the subsystem or the safety component has been placed on the market . the eu declaration of conformity shall identify the subsystem or the safety component for which it has been drawn up . ### 2 . the manufacturer shall draw up a written eu declaration of conformity for each subsystem or safety component model and keep a copy of it at the disposal of the national authorities for 30 years after the subsystem or the safety component has been placed on the market . the eu declaration of conformity shall identify the subsystem or the safety component model for which it has been drawn up .


### each notified body shall inform its notifying authorities of quality system approvals withdrawn , and shall , periodically or upon request , make available to its notifying authorities information related to quality system assessments . ### each notified body shall inform its notifying authority of quality system approvals issued or withdrawn , and shall , periodically or upon request , make available to its notifying authority the list of quality system approvals refused , suspended or otherwise restricted .


### each notified body shall inform the other notified bodies of quality system approvals which it has refused , suspended , withdrawn or otherwise restricted , giving the reasons for its decision . ### each notified body shall inform the other notified bodies of quality system approvals which it has refused , suspended , withdrawn or otherwise restricted , giving the reasons for its decision , and , upon request , of quality system approvals which it has issued . on request , the notified body shall provide the commission and the member states with a copy of quality system approval decision issued . the notified body shall keep a copy of each approval decision issued , its annexes and additions .


### conformity to type based on subsystem or safety component verification is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 3 . 2 , 3 . 5 . 1 and 3 . 6 , and ensures and declares on his sole responsibility that the subsystems or safety components concerned , which have been subject to the provisions of point 3 . 3 , are in conformity with the type described in the eu - type examination certificate and satisfy the requirements of this regulation . ### conformity to type based on subsystem or safety component verification is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 3 . 2 , 3 . 5 . 1 and 3 . 6 , and ensures and declares on his sole responsibility that the subsystems or safety components concerned , which have been subject to the provisions of point 3 . 3 , are in conformity with the type described in the eu - type examination certificate and satisfy the requirements of this regulation that apply to them .


### the manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured subsystems or safety components with the approved type described in the eu - type examination certificate and with the requirements of this regulation . ### the manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured subsystems or safety components with the approved type described in the eu - type examination certificate and with the requirements of this regulation that apply to them .


### 2 the notified body shall carry out appropriate examinations and tests , or have them carried out , in order to check the conformity of the subsystems or safety components with the approved type described in the eu - type examination certificate and with the appropriate requirements of this regulation . ### 2 the notified body chosen by the manufactuer shall carry out appropriate examinations and tests in order to check the conformity of the subsystems or safety components with the approved type described in the eu - type examination certificate and with the appropriate requirements of this regulation .


### 2 . a random sample shall be taken from each lot according to the requirements of this regulation . all the subsystems or safety components in the sample shall be individually examined and appropriate tests set out in the relevant harmonised standard and / or technical specifications , or equivalent tests , shall be carried out in order to ensure their conformity with the approved type described in the eu - type examination certificate and with the applicable requirements of this regulation in order to determine whether the lot is accepted or rejected . in the absence of such a harmonised standard , the notified body concerned shall decide on the appropriate tests to be carried out . ### 2 . a random sample shall be taken from each lot according to the requirements of this regulation . all the subsystems or safety components in the sample shall be individually examined and appropriate tests set out in the relevant harmonised standard and / or technical specifications , or equivalent tests , shall be carried out in order to ensure their conformity with the approved type described in the eu - type examination certificate and with the applicable requirements of this regulation and to determine whether the lot is accepted or rejected . in the absence of such a harmonised standard , the notified body concerned shall decide on the appropriate tests to be carried out .


### 1 . the manufacturer shall affix the ce marking and , under the responsibility of the notified body referred to in point 3 . 1 , the latter ' s identification number to each individual subsystem or safety component that is in conformity with the type as described in the eu - type examination certificate and satisfies the applicable requirements of this regulation . ### 1 . the manufacturer shall affix the ce marking and , under the responsibility of the notified body referred to in point 3 . 1 , the latter ' s identification number to each individual subsystem or safety component that satisfies the applicable requirements of this regulation .


### a copy of the eu declaration of conformity shall be made available upon request . if the notified body referred to in point 3 agrees and under its responsibility , the manufacturer may also affix the notified body ' s identification number to the subsystems or safety components . ### if the notified body referred to in point 3 agrees and under its responsibility , the manufacturer may also affix the notified body ' s identification number to the subsystems or safety components .


### the manufacturer ' s obligations set out in points 2 and 5 . 1 may be fulfilled by his authorised representative , on his behalf and under his responsibility , provided that they are specified in the mandate . ### the manufacturer ' s obligations set out in points 2 and 5 . 1 may be fulfilled by his authorised representative , on his behalf and under his responsibility , provided that they are specified in the mandate . an authorised representative may not fulfil the manufacturer ' s obligations set out in points 2 and 5 . 1 .


### conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 4 . 2 , 4 . 3 and 4 . 5 , and ensures and declares on his sole responsibility that the subsystem or safety component concerned , which has been subject to the provisions of point 4 . 4 , is in conformity with the requirements of this regulation . ### conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 4 . 2 , 4 . 3 and 4 . 5 , and ensures and declares on his sole responsibility that the subsystem or safety component concerned , which has been subject to the provisions of point 4 . 4 , is in conformity with the requirements of this regulation that apply to it .


### 2 the notified body shall examine the technical documentation for the subsystem or the safety component and shall carry out the appropriate examinations and tests , as set out in the relevant harmonised standards and / or technical specifications , or equivalent tests , to ensure its conformity with the applicable requirements of this regulation , or have them carried out . in the absence of such a harmonised standard and / or technical specification the notified body concerned shall decide on the appropriate tests to be carried out . ### 2 the notified body shall examine the technical documentation for the subsystem or the safety component and shall carry out the appropriate examinations and tests , set out in the relevant harmonised standards and / or technical specifications , or equivalent tests , to check the conformity with the applicable requirements of this regulation , or have them carried out . in the absence of such a harmonised standard and / or technical specification the notified body concerned shall decide on the appropriate tests to be carried out .


### the manufacturer shall keep the technical documentation and a copy of the certificate of conformity at the disposal of the national authorities for 30 years after the subsystem or the safety component has been placed on the market . ### the manufacturer shall keep the technical documentation and the certificate of conformity at the disposal of the national authorities for 30 years after the subsystem or the safety component has been placed on the market .


### conformity assessment procedures for subsystems and safety components : module h : conformity based on full quality assurance ### conformity assessment procedures for subsystems and safety components : module h1 : conformity based on full quality assurance plus design examination


### conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5 , and ensures and declares on his sole responsibility that the subsystems or safety components concerned satisfy the requirements of this regulation . ### conformity based on full quality assurance plus design examination&#160 ; is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5 , and ensures and declares on his sole responsibility that the subsystems or safety components concerned satisfy the requirements of this regulation that apply to them .


### in addition to experience in quality management systems , the auditing team shall have at least one member experienced as assessor in the field of cableway installations and in the technology of the subsystems or safety components concerned , and knowledge of the applicable requirements of this regulation . the auditing team shall review the technical documentation referred to in point 3 . 1 to verify the manufacturer ' s ability to identify the applicable requirements of this regulation and to carry out the necessary examinations with a view to ensuring compliance of the subsystems or the safety components with those requirements . ### in addition to experience in quality management systems , the auditing team shall have at least one member experienced as assessor in the field of cableway installations and in the technology of the subsystems or safety components concerned , and knowledge of the applicable requirements of this regulation . the audit shall include an assessment visit to the premises where the subsystems or the safety components are designed , manufactured , inspected and tested . the auditing team shall review the technical documentation referred to in point 3 . 1 to verify the manufacturer ' s ability to identify the applicable requirements of this regulation and to carry out the necessary examinations with a view to ensuring compliance of the subsystems or the safety components with those requirements .


### the notified body shall notify its decision to the manufacturer or his authorised representative . the notification shall contain the conclusions of the audit and the reasoned assessment decision . ### the manufacturer or his authorised representative shall be notified of the decision . the notification shall contain the conclusions of the audit and the reasoned assessment decision .


### it shall notify the manufacturer of the outcome of the evaluation . in case of a reassessment , it shall notify the manufacturer of its decision . the notification shall contain the conclusions of the assessment and the reasoned assessment decision . ### it shall notify the manufacturer of its decision . the notification shall contain the conclusions of the assessment and the reasoned assessment decision .


### the documentation relating to the change referred to in point 3 . 5 as approved ; ### the information relating to the change referred to in point 3 . 5 , as approved ;


### subsystem / safety component model . ### subsystem / safety component or subsystem / safety component model .


### the object of the declaration described above is in conformity with the relevant union harmonisation legislation : : ### the object of the declaration described above is in conformity with the relevant union harmonisation legislation


### references to the relevant harmonised standards used or references to the specifications in relation to which conformity is declared : ### references to the relevant harmonised standards used or references to the other technical specifications in relation to which conformity is declared :


### elements pointing to possible criminal conduct falling within the competence of the eppo may , in practice , be present in initial allegations received by the office or may emerge only in the course of an administrative investigation opened by the office on the grounds of suspicion of administrative irregularity . in order to comply with its duty to report to the eppo , the office should therefore , as the case may be , report criminal conduct at any stage before or during an investigation . ### elements pointing to possible criminal conduct falling within the competence of the eppo may , in practice , be present in initial allegations received by the office or may emerge only in the course of an administrative investigation opened by the office on the grounds of suspicion of administrative irregularity . in order to comply with its duty to report to the eppo without undue delay , the office should therefore , as the case may be , report criminal conduct at any stage before or during an investigation . information received by the office should in any case be reported to the eppo as early as possible .


### in conformity with regulation 2017 / 1939 , the office should in principle not open an administrative investigation parallel to an investigation conducted by the eppo into the same facts . however , in certain cases , the protection of the union’s financial interests may require that the office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the eppo with the purpose of ascertaining whether precautionary measures are necessary , or financial , disciplinary or administrative action should be taken . these complementary investigations may be appropriate , inter alia , when necessary to recover amounts due to the union budget subject to specific time - barring rules , when the amounts at risk are very high , or where there is the need to avoid further expenditure in risk situations through administrative measures . ### in conformity with regulation 2017 / 1939 , the office should in principle not open an administrative investigation parallel to an investigation conducted by the eppo into the same facts . such investigations should only be carried out upon agreement of the eppo . however , in certain cases , the protection of the union’s financial interests may require that the office carry out a complementary administrative investigation before the conclusion of criminal proceedings initiated by the eppo with the purpose of ascertaining whether precautionary measures are necessary , or financial , disciplinary or administrative action should be taken . these complementary investigations may be appropriate , inter alia , when necessary to recover amounts due to the union budget subject to specific time - barring rules , when the amounts at risk are very high , or where there is the need to avoid further expenditure in risk situations through administrative measures . such investigations can be carried out upon mere inaction of eppo .


### regulation 2017 / 1939 provides that the eppo may request such complementary investigations to the office . in cases where the eppo does not request it , such a complementary investigation should also be possible on the initiative of the office , under certain conditions . in particular , the eppo should be able to object to the opening or continuation of an investigation by the office , or to the performance of specific acts of investigation by it . the reasons for this objection should be based on the need to protect the effectiveness of the eppo ' s investigation and should be proportionate to this aim . the office should refrain from performing the action on which the eppo raised an objection . if the eppo does not object , the office investigation should be conducted in close consultation with the eppo . ### regulation 2017 / 1939 provides that the eppo may request such complementary investigations to the office . in cases where the eppo does not request it , such a complementary investigation should also be possible on the initiative of the office , under certain conditions only upon agreement of and in close consultation with the eppo . in cases where the eppo objects to the opening or continuation of an investigation by the office , or to the performance of specific acts of investigation by it the office should refrain from performing them .


### to ensure effective coordination between the office and the eppo , information should be exchanged between them on a continuous basis . the exchange of information in the stages prior to the opening of investigations by the office and the eppo is particularly relevant to ensure proper coordination between the respective actions and avoid duplication . the office and the eppo should specify the modalities and conditions of this exchange of information in their working arrangements . ### to ensure effective coordination between the office and the eppo , information should be exchanged between them on a continuous basis . the exchange of information in the stages prior to the opening of investigations by the office and the eppo is particularly relevant to ensure proper coordination between the respective actions and avoid duplication for this purpose , the office and the eppo should make use of the hit / no hit functions of their respective case management systems . the office and the eppo should specify the modalities and conditions of this exchange of information in their working arrangements .


### the office shall report to the eppo without undue delay any criminal conduct in respect of which the eppo could exercise its competence in accordance with article 22 and article 25 and of regulation 2017 / 1939 . the report shall be sent at any stage before or during an investigation of the office . ### the office shall without undue delay report to the eppo on any indication of a criminal conduct in respect of which the eppo exercises its competence in accordance with articles 22 and 25 of regulation 2017 / 1939 . the report shall be sent without undue delay at any stage before or during an investigation of the office . the eppo may request the office to send additional information setting a deadline for this transmission .


### the office shall report to the eppo without undue delay any criminal conduct in respect of which the eppo could exercise its competence in accordance with article 22 and article 25 and of regulation 2017 / 1939 . the report shall be sent at any stage before or during an investigation of the office . ### the office shall immediately notify the eppo on any indication of a criminal conduct in respect of which the eppo exercises its competence in accordance with articles 22 and 25 of regulation 2017 / 1939 . the eppo may request the office to send a report and shall establish the time frame of the report . both the notification and the report shall be sent at any stage before or during an investigation of the office .


### the report shall contain , as a minimum , a description of the facts , including an assessment of the damage caused or likely to be caused the possible legal qualification and any available information about potential victims , suspects and any other involved persons . ### the report shall contain : a description of all the facts in the knowledge of the office ; any information on the damage caused or likely to be caused , where the office has such information ; any information about potential victims , suspects and any other involved persons , where the office has such information , and ; any other information on the case , that the office has knowledge of .


### in cases where the information received by the office does not include the elements set out in paragraph 2 , and there is no investigation of the office ongoing , the office may conduct a preliminary evaluation of the allegations . the evaluation shall be carried out expeditiously , and in any case within two months of receipt of the information . in the course of this evaluation , article 6 and article 8 shall apply . ### in cases where the information received by the office does not include the elements set out in paragraph 2 , and there is no investigation of the office ongoing , the office may conduct a preliminary evaluation of the allegations . the evaluation shall be carried out as expeditiously as possible , and in any case within two months of receipt of the information . in the course of this evaluation , article 6 and article 8 shall apply . the office shall refrain from performing any measures that may jeopardise any possible future investigations of the eppo .


### following this preliminary evaluation , the office shall report to the eppo if the conditions set out in paragraph 1 are met . ### following this preliminary evaluation , even if not all elements set out in paragraph 2 have been gathered , the office shall report to the eppo if the conditions set out in paragraph 1 are met .


### in duly justified cases where the eppo is conducting an investigation , where the director - general considers that an investigation should be opened in accordance with the mandate of the office with a view to facilitating the adoption of precautionary measures or of financial , disciplinary or administrative action , the office shall inform the eppo in writing , specifying the nature and purpose of the investigation . ### where the eppo is conducting an investigation , if the director - general , in duly justified cases , considers that an investigation by the office should also be opened in accordance with the mandate of the office with a view to facilitating the adoption of precautionary measures or of financial , disciplinary or administrative action , the office shall inform the eppo and request its agreement . for that purpose , the office shall transmit a written request , specifying the nature of the measure and the person concerned .


### within 30 days after receipt of this information the eppo may object to the opening of an investigation or to the performance of certain acts pertaining to the investigation , where necessary to avoid jeopardising its own investigation or prosecution , and for as long as these grounds persist . the eppo shall notify to the office without undue delay when the grounds for the objection cease to apply . ### within 30 days after receipt of this information the eppo shall either grant agreement or object to the opening of an investigation or to the performance of any of the measures or actions requested by the office and pertaining to the investigation . in exceptional cases , due to the complexity of investigations , the eppo may inform the office of the need to extend this deadline by 30 days . if the eppo disagrees with the request , the office shall not take such action . the eppo shall notify to the office without undue delay when the grounds for the objection cease to apply .


### in the event that the eppo does not object within the time period of the previous subparagraph , the office may open an investigation , and it shall conduct it in close consultation with the eppo . ### if the eppo agrees with the request , the office shall take such action in close consultation with the eppo .


### where the eppo informs the office that it is not conducting an investigation in reply to a request for information submitted in accordance with article 12d and subsequently opens an investigation into the same facts , it shall inform the office without delay . if , following receipt of this information , the director - general considers that the investigation opened by the office should be continued with a view to facilitating the adoption of precautionary measures or of financial , disciplinary or administrative action , paragraph shall apply . ### where the eppo becomes aware , through the case management system checking mechanism , referred to in article 12g that the office is conducting an investigation into the same facts , which the eppo also wishes to investigate , it shall inform the office within 24 hours . in such a case , the office shall close its investigation , unless the eppo requests the office to support or complement its activities in accordance to article 12e .


### the office shall have indirect access to information in the eppo ' s case management system on the basis of a hit / no hit system . whenever a match is found between data entered into the case management system by the office and data held by the eppo , the fact that there is a match shall be communicated to both the eppo and the office . the office shall take appropriate measures to enable the eppo to have access to information in its case management system on the basis of a hit / no - hit system . ; ### the eppo shall designate a person to verify the eppo case management system , on the basis of a hit / no hit system , for the purpose of identifying and avoiding any case duplication situations with the office or any other law enforcement authorities . the office shall have indirect access to information in the eppo ' s case management system on the basis of a hit / no hit system , via the eppo designated person . before opening an investigation , the office shall consult the eppo ' s case management system in order to identify whether the eppo is already conducting an investigation into the same facts . whenever a match is found between data entered into the case management system by the office and data held by the eppo , the fact that there is a match shall be automatically communicated to both the eppo and the office . the office shall take appropriate measures to enable the eppo to have access to information in its case management system on the basis of a hit / no - hit system . access to the eppo ' s case management system shall be limited to the purpose of applying articles 12c to 12g . the office shall keep a log of all instances of access to the eppo ' s case management system and shall provide concrete justifications for requiring access to the eppo ' s case management system . the results obtained from such access shall be subject to the rules on confidentiality and data protection in article 10 .


### the office shall have indirect access to information in the eppo ' s case management system on the basis of a hit / no hit system . whenever a match is found between data entered into the case management system by the office and data held by the eppo , the fact that there is a match shall be communicated to both the eppo and the office . the office shall take appropriate measures to enable the eppo to have access to information in its case management system on the basis of a hit / no - hit system . ; ### the eppo shall designate a person to verify the eppo case management system , on the basis of a hit / no hit system , for the purpose of identifying and avoiding any case duplication situations with the office or any other law enforcement authorities . before opening any investigation , the office shall inform the eppo designated person who shall consult the eppo case management system , on the basis of a hit / no hit system , in order to identify whether the eppo is already conducting an investigation into the same facts . whenever a match is found between data entered into the case management system by the eppo and data held by the office , the fact that there is a match shall be communicated by the eppo to the office . the office shall take appropriate measures to enable the eppo to have access to information in its case management system on the basis of a hit / no hit system .


### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in end - users’ terminal equipment . ### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in consumers ' terminal equipment .


### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in end - users’ terminal equipment . ### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural and legal persons who use electronic communications services to make direct marketing commercial communications or collect information related to or stored in end - users’ terminal equipment .


### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation . ### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . therefore , this regulation should apply to electronic communications data using electronic communications services which are targeting the general public , and public communications networks . this regulation should not apply to closed groups of end - users such as corporate networks . such networks are offered to a defined group of end - users . however , even if undefined end - users use the network in question in the context of the activities of the defined group of end - users it should not preclude them from being considered outside the material scope of the regulation . for example , an enterprise’s collaboration platform primarily used by its employees that allows third parties to call - in or otherwise engage in the workspace should not be covered .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . the processing of anonymous data by providers , and making data anonymous , should be incentivised as the act of anonymization dramatically reduces the risk from a privacy and security perspective associated with processing of data related to transmission . this regulation also should not prohibit either the processing of electronic communications data to ensure the security , confidentiality , integrity , availability , authenticity and continuity of the electronic communications services and networks , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata in accordance with regulation 2016 / 679 . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to comply with regulation 2016 / 679 when processing electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure .