European Parliament legislative resolution on the common position established by the Council with a view to the adoption of a European Parliament and Council Directive (14248/3/1998 - C5-0030/1999 - 1994/0011(COD))
Date: 1999-10-27
Institutions: European Parliament
Subjects: EC conformity marking, cable transport, safety standard, transport safety

5.6.2000

EN

Official Journal of the European Communities

C 154/55

COMMON POSITION
OF THE COUNCIL

Wednesday 27 October 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 2)
Recital −1a (new)

(−1a) Whereas the technical
legislation on road safety
should be adopted in a cohesive fashion, in the form of
‘packages’ of directives, so as to raise public awareness of
the European Union’s contribution to enhancing road
safety;

(Amendment 3)
Recital 6a (new)

(6a) Whereas the Member States of the European Union
must negotiate as soon as possible an amendment to UN-
ECE Regulation No 39 to align it with the provisions of
this Directive;

(Amendment 4)
Article 3, 1st paragraph

In accordance with Article 11 of Directive 92/0061/EEC, the
equivalence between the requirements laid down in this Direc-
tive and those laid down in UN-ECE Regulation No 39, in the
latest version adopted by the Community, is hereby acknowl-
edged.

In accordance with Article 11 of Directive 92/0061/EEC, the
equivalence between the requirements laid down in this Direc-
tive and those laid down in UN-ECE Regulation No 39, in the
latest version adopted by the Community, may be acknowl-
edged.

(Amendment 6)
Article 6(4)

4. Member States shall apply the requirements set out in the
first subparagraph of paragraph 1 as from 1 July 2001, except
for mopeds, to which these requirements shall be applicable
from 1 January 2002.

4. Member States shall apply the requirements set out in the
first subparagraph of paragraph 1 as from 1 July 2001, except
for mopeds, to which these requirements shall be applicable
from 1 July 2002.

13. Cableway installations designed to carry passengers ***II

A5-0028/1999

European Parliament legislative resolution on the common position established by the Council
with a view to the adoption of a European Parliament and Council Directive (14248/3/1998 8
C5-0030/1999 8 1994/0011(COD))

(Codecision procedure: second reading)

The European Parliament,

2 having regard to the Council’s common position (14248/3/1998 2 C5-0030/1999) (1),

2 having regard to its opinion at first reading (2) on the Commission proposal to Parliament and the

Council (COM(1993) 646) (3),

2 having regard to the Commission’s amended proposal (COM(1995) 523) (4),

(1) OJ C 243, 27.8.1999, p. 1.
(2) OJ C 109, 1.5.1995, p. 122.
(3) OJ C 70, 8.3.1994, p. 8.
(4) OJ C 22, 26.1.1996, p. 12.

C 154/56

Official Journal of the European Communities

EN

5.6.2000

Wednesday 27 October 1999

2 having regard to Article 251(2) of the EC Treaty,

2 having regard to Rule 80 of its Rules of Procedure,

2 having regard to the recommendation for second reading of the Committee on Legal Affairs and the

Internal Market (A5-0028/1999),

1.

Amends the common position as follows;

2.

Instructs its President to forward its position to the Council and the Commission.

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 1)

Recital 1

(1) Whereas cableway installations designed to carry persons
are designed, manufactured, put into service and operated with
the object of providing a service to users; whereas, principally,
cableway installations are mountain lift systems used in high-
funicular railways,
altitude tourist resorts and consisting of
cable cars, gondolas, chairlifts and drag lifts, but may also con-
sist of cableway installations used in urban transport facilities;
whereas some types of cableway installation may use other,
completely different basic principles which cannot be excluded
a priori; whereas,
therefore, provision should be made for
introducing specific requirements designed to achieve the
same safety objectives as those laid down in this Directive;

(1) Whereas cableway installations designed to carry persons
are designed, manufactured, put into service and operated with
the object of carrying persons; whereas, principally, cableway
installations are mountain lift systems used in high-altitude
tourist resorts and consisting of funicular railways, cable cars,
gondolas, chairlifts and drag lifts, but may also consist of cable-
way installations used in urban transport facilities; whereas
some types of cableway installation may use other, completely
different basic principles which cannot be excluded a priori;
whereas, therefore, provision should be made for introducing
specific requirements designed to achieve the same safety
objectives as those laid down in this Directive;

(Amendment 2)

Recital 6

(6) Whereas steps should be taken to define, on a Commun-
ity-wide basis, essential safety, health, environmental protection
and consumer protection requirements applicable to cableway
installations, subsystems and their safety components; whereas,
without this, mutual recognition of national regulatory provi-
sions would create insoluble political and technical difficulties
as regards interpretation and liability; whereas, by the same
token, standardisation without prior definition of a framework
of harmonised regulatory requirements is not sufficient to solve
the problems;

(6) Whereas steps should be taken to define, on a Commun-
ity-wide basis, essential human safety and health, environmen-
tal protection and consumer protection requirements applicable
to cableway installations, subsystems and their safety compo-
nents; whereas, without this, mutual recognition of national
regulatory provisions would create insoluble political and tech-
nical difficulties as regards interpretation and liability; whereas,
by the same token, standardisation without prior definition of a
framework of harmonised regulatory requirements is not suffi-
cient to solve the problems;

(Amendment 3)

Recital 9

(9) Whereas users from all Member States and even beyond
in
must be ensured a satisfactory level of safety; whereas,
order to meet this requirement, it is necessary to define proce-
dures and examination, control and inspection methods;
whereas this necessitates the use of standardised technical
devices which must be incorporated in cableway installations;

(9) Whereas persons using cableways,
from all Member
States and even beyond, must be ensured a satisfactory level
of safety; whereas,
it is
necessary to define procedures and examination, control and
inspection methods; whereas this necessitates the use of stan-
dardised technical devices which must be incorporated in
cableway installations;

in order to meet this requirement,

5.6.2000

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Official Journal of the European Communities

C 154/57

COMMON POSITION
OF THE COUNCIL

Wednesday 27 October 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 4)

Recital 31

(31) Whereas a modus vivendi between the European Parliament,
the Council and the Commission concerning the implementing mea-
sures for acts adopted in accordance with the procedure laid down in
Article 189b of the Treaty (1) was reached on 20 December 1994.

Deleted

(1) OJ C 102, 4.4.1996, p. 1.

(Amendment 5)

Article 1(2), 1st paragraph

2.
For the purposes of this Directive ‘cableway installations
designed to carry persons’ shall mean installations made up of
several components, designed, manufactured, assembled and
put into service with the object of providing a passenger transport
service.

2.
For the purposes of this Directive ‘cableway installations
designed to carry persons’ shall mean capital equipment made
up of several components, designed, manufactured, assembled
and put into service with the object of carrying persons.

2 on-site installations used for industrial purposes

2 mining installations or on-site installations used for

industrial purposes;

(Amendment 6)

Article 1(6), 5th indent

(Amendment 7)

Article 8

is
(This Article
Amendment 10)

incorporated in a new Article 16a 2 see

1. Where a Member State ascertains that a safety component
bearing the CE conformity marking placed on the market and used
in accordance with its intended purpose is liable to endanger the safety
and the health of persons and, where appropriate, the safety of prop-
erty, it shall take all appropriate measures to restrict its conditions of
use or prohibit its use.

The Member State shall immediately inform the Commission of any
such measure,
indicating the reasons for its decisions and whether
non-conformity is due, in particular, to:

(a)

(b)

to satisfy

failure
Article 3(1);

the

essential

requirements

referred to in

incorrect application of the European specifications referred to in
Article 2(2)
those specifications is
invoked;

insofar as application of

(c)

a shortcoming in the European specifications referred to in Ar-
ticle 2(2).

2.
The Commission shall enter into consultation with the parties
concerned at the earliest opportunity. Where, after such consultation,
the Commission finds that:

2 the measures are justified,

immediately so inform the
it shall
Member State which took the initiative and the other Member
States; where the decision referred to in paragraph 1 is based
the Commission
on shortcomings in European specifications,

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5.6.2000

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COMMON POSITION
OF THE COUNCIL

shall, after consulting the parties concerned, initiate the procedure
referred to in Article 2(7) if the Member State which has taken
the decision intends to maintain it;

2 the measures are unjustified, it shall immediately so inform the
manufacturer or his authorised representative established in the
Community and the Member State which took the measures.

AMENDMENTS
BY PARLIAMENT

to comply,

3. Where a safety component bearing the CE conformity marking
take
is found not
appropriate action against whomsoever affixed that marking and
drew up the EC declaration of conformity and shall so inform the
Commission and the other Member States.

the competent Member State shall

The Commission shall ensure that the Member States are kept

4.
informed of the outcome of the procedure.

(Amendment 8)

Article 12

(This Article is incorporated in a new Article 16a 2 see
Amendment 10)

1. Where a Member State ascertains that a subsystem with an EC
declaration of conformity as referred to in Article 11(1), used in
accordance with its intended purpose, is liable to endanger the safety
and health of persons, and, where applicable, the safety of property,
it shall take all appropriate measures to restrict its conditions of use
or prohibit its use.

The Member State concerned shall immediately inform the Commi-
ssion of the measures taken, indicating the reasons for its decision
and whether non-conformity is due, in particular, to:

(a)

(b)

to satisfy

failure
Article 3(1);

the

essential

requirements

referred to in

incorrect application of the European specifications referred to in
Article 2(2)
those specifications is
invoked;

insofar as application of

(c)

shortcomings
Article 2(2).

in the European specifications

referred to in

2.
The Commission shall enter into consultation with the parties
concerned at the earliest opportunity. Where, after such consultation,
the Commission finds that:

2 the measures are justified,

immediately so inform the
it shall
Member State which took the initiative and the other Member
States; where the decision referred to in paragraph 1 is based
on shortcomings in the European specifications, the Commission
shall, after consulting the parties concerned, initiate the procedure
referred to in Article 2(7) if the Member State which has taken
the decision intends to maintain it;

2 the measures are unjustified, it shall immediately so inform the
manufacturer or his authorised representative established in the
Community or, in their absence, any natural or legal person hav-
ing placed the subsystem in question on the market, and the
Member State which took the measures.

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Official Journal of the European Communities

C 154/59

Wednesday 27 October 1999

AMENDMENTS
BY PARLIAMENT

COMMON POSITION
OF THE COUNCIL

3. Where a subsystem with an EC declaration of conformity is
found not to comply, the competent Member State shall take appro-
priate action against whomsoever drew up the EC declaration of con-
formity and shall so inform the Commission and the other Member
States.

The Commission shall ensure that the Member States are kept

4.
informed of the outcome of the procedure.

Article 15

(Amendment 9)
Article 15

Article 16b

If a Member State finds that an approved installation which is
used in accordance with its intended purpose is liable to endan-
ger the safety and the health of persons and, where appropri-
ate, the safety of property, it shall take all appropriate measures
to restrict the conditions of operation of the installation or to
prohibit the operation thereof.

If a Member State finds that an approved installation which is
used in accordance with its intended purpose is liable to endan-
ger the safety and the health of persons and, where appropri-
ate, the safety of property, it shall take all appropriate measures
to restrict the conditions of operation of the installation or to
prohibit the operation thereof.

(Amendment 10)
CHAPTER IVa (new)

CHAPTER IVa

SAFEGUARDS

Article 16a

1. Where a Member State ascertains that a safety com-
ponent bearing the CE conformity marking placed on the
market and used in accordance with its intended purpose
or a subsystem with an EC declaration of conformity as
referred to in Article 11(1), used in accordance with its
intended purpose,
is liable to endanger the safety and
health of persons, and, where applicable, the safety of
property, it shall take all appropriate measures to restrict
the conditions of use of the component or subsystem or
prohibit its use.

The Member State concerned shall
immediately inform
the Commission of any such measure, indicating the rea-
sons for its decision and whether non-conformity is due,
in particular, to:

(a)

(b)

failure to satisfy the essential requirements referred to
in Article 3(1);

incorrect application of the European specifications
referred to in Article 2(2) insofar as application of
those specifications is invoked;

(c) shortcomings in the European specifications referred

to in Article 2(2).

2.
The Commission shall enter into consultation with
the parties concerned at the earliest opportunity. Where,
after such consultation, the Commission finds that:

8 the measures are justified,

immediately so
inform the Member State which took the initiative
and the other Member States; where the decision

it shall

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Official Journal of the European Communities

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5.6.2000

Wednesday 27 October 1999

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

referred to in paragraph 1 is based on shortcomings in
the European specifications, the Commission shall,
after consulting the parties concerned,
initiate the
procedure referred to in Article 2(7) if the Member
State which has taken the decision intends to main-
tain it;

8 the measures relating to a safety component are
unjustified, it shall immediately so inform the manu-
facturer or his authorised representative established
in the Community and the Member State which took
the measures,

authorised representative

8 the measures relating to a subsystem are unjustified,
it shall immediately so inform the manufacturer or
established in the
his
Community or, in their absence, any natural or legal
person having placed the subsystem in question on
the market, and the Member State which took the
measures.

3. Where a safety component bearing the CE confor-
mity marking is found not to comply, the competent
Member State shall take appropriate action against whom-
soever affixed that marking and drew up the EC declara-
tion of conformity and shall so inform the Commission
and the other Member States.

4. Where a subsystem with an EC declaration of confor-
mity is found not to comply, the competent Member State
shall take appropriate action against whomsoever drew up
the EC declaration of conformity and shall so inform the
Commission and the other Member States.

The Commission shall ensure that the Member States

5.
are kept informed of the outcome of the procedure.

(Articles 8 and 12 are deleted 2 see Amendments 7 and 8)

(Amendment 12)
Article 22(4)

4.
The Commission shall report to the European Parliament
and the Council on the implementation of this Directive, and
in particular Article 18 thereof, not later than … and, if necess-
ary, submit any proposal for appropriate amendments.

4.
The Commission shall report to the European Parliament
and the Council on the implementation of this Directive, and
in particular on Articles 1(6) and 18 thereof, not later than …
and, if necessary, submit any proposal for appropriate amend-
ments.

14. ECB annual report

A5-0035/1999

European Parliament resolution on the annual report for 1998 of the European Central Bank
(C4-0211/1999)

The European Parliament,

2 having regard to the annual report for 1998 of the European Central Bank (C4-0211/1999),

2 having regard to Article 113 of the Treaty establishing the European Union,

2 having regard to Article 15 of the Statute of the European System of Central Banks and of the Euro-

pean Central Bank,