REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL FIRST REPORT ON THE IMPLEMENTATION OF DIRECTIVE 2000/9/EC relating to cableway installations designed to carry persons
Date: 2011-03-16
Institutions: European Commission
Subjects: European standard, cable transport, carriage of passengers, technical regulations, transport safety

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EUROPEAN COMMISSION 

Brussels, 16.3.2011 
COM(2011) 123 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL  

FIRST REPORT ON THE IMPLEMENTATION OF DIRECTIVE 2000/9/EC relating 
to cableway installations designed to carry persons 

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL  

FIRST REPORT ON THE IMPLEMENTATION OF DIRECTIVE 2000/9/EC relating 
to cableway installations designed to carry persons 

1. 

INTRODUCTION 

The  purpose  of  Directive  2000/9/EC  of  the  European  Parliament  and  of  the  Council  of  20 
March  2000  relating  to  cableway  installations  designed  to  carry  persons1  (hereinafter  “the 
Directive”) is to establish the free movement in the internal market of safety components and 
subsystems of cableway installations while maintaining a uniform and high level of safety. 

The Directive entered into force on 3 May 2000 and became fully applicable on 3 May 2004 
in member countries of the European Economic Area (EEA), i.e. in all Member States of the 
European Union as well as Iceland, Liechtenstein and Norway. 

This  report  presents  the  key  developments  in  the  implementation  of  the  Directive.  It  is 
submitted by the Commission to the European Parliament and the Council in accordance with 
Article 21 of the Directive. 

This  report  takes  into  account  the  results  of  the  consultation  held  by  the  European 
Commission with the competent national authorities and all actors involved in the Directive’s 
implementation.  The  consultation  was  held  in  2010  by  means  of  a  questionnaire  on  the 
different aspects of the Directive’s implementation. 

2. 

DIRECTIVE 2000/9/EC: BASIC ELEMENTS AND SPECIFIC ASPECTS 

The  Directive  is  based  on  Articles  47,  55  and  95  of  the  Treaty  establishing  the  European 
Economic  Community  (TEC)  (which  are  now  Articles  53,  62  and  114  of  the  Treaty  on  the 
Functioning of the European Union (TFEU)). 

The Directive is founded on the principles of the New Approach, whereby harmonisation is 
restricted to the essential requirements of safety, human health, protection of the environment 
and consumer protection. 

Only  those  products  which  meet  the  essential  requirements  set  out  in  the  Directive  may  be 
placed on the market. Compliance with the harmonised standards, for which references have 
been published in the Official Journal of the European Union and transposition into national 
standards  has  occurred,  gives  rise  to  a  presumption  of  conformity  with  the  essential 
requirements  set  out  in  the  Directive.  The  application  of  harmonised  standards  is  not, 
however,  obligatory  and  manufacturers  may  also  choose  other  technical  solutions,  provided 
that conformity with the essential requirements established in the Directive is guaranteed in 
all cases. 

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OJ L 106, 3.5.2000, p. 21. 

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While the Directive draws on these general principles, it also contains specific aspects relating 
to  the  characteristics  of  cableway  installations.  Indeed,  cableway  installations  are,  with  the 
exception of the smaller ones, unique products adapted to the local conditions and by nature 
inextricably linked to fixed infrastructure and mobile machinery. 

As a result, the Directive focuses on the distinction between safety components, subsystems 
and  installations  and  stipulates  different  arrangements  for,  on  the  one  hand,  the  safety 
components  and  subsystems  and,  on  the  other,  installations.  Safety  components  and 
subsystems  are  subject  to  the  rules  on  the  free  movement  of  goods  and  to  the  conformity 
assessment and declaration of conformity, whereas fixed installations continue to fall within 
the Member States’ competence and are subject to a licence for construction and authorisation 
for putting into service which are granted by the competent public authorities. 

This  distinction  between  safety  components,  subsystems  and  installations  thus  reflects  the 
specific  nature  of  cableway  installations  compared  with  other  mechanical  engineering 
products.  This  distinction  also  underpins  the  legislator’s  choice  to  adopt,  for  cableway 
installations, a legislative act specifically designed for the sector, which is different from the 
acquis regarding the European harmonisation of mechanical engineering products, and more 
specifically Directive 2006/42/EC on machinery2. 

3. 

THE MARKET FOR CABLEWAY INSTALLATIONS 

Cableway  installations  are  mainly  a  means  of  public  transport  and  their  safety  is  therefore 
vitally important in relation to both the persons transported and the staff involved in putting 
these installations into service and maintaining them.  

It should also be stressed that, particularly in mountainous regions, cableway installations are 
normally used for tourist purposes and their use plays a crucial economic role.  

The market for cableway installations is characterised by a high degree of specialisation in the 
industrial sector. It is based on professional buyers who choose the cable lift constructor after 
launching the procurement procedure by issuing a call for tenders, whether public or private.  

European  industry  has  traditionally  held  a  dominant  position  on  the  market  for  cableway 
installations,  not  only  within  but  also  outside  the  European  Union.  In  recent  years,  mergers 
have led to two large European industrial groups emerging which have prominent positions on 
the  European  and  global  markets.  In  contrast,  there  are  very  few  small  and  medium-sized 
enterprises in the sector.  

By harmonising the conformity assessment procedures of safety components and subsystems, 
and  by  promoting  the  establishment  of  harmonised  standards  at  the  European  level,  the 
Directive has made economies of scale possible by standardising products. 

2 

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, 
and amending Directive 95/16/EC (recast) (OJ L 157, 9.6.2006, p. 24) – Directive 2006/42/EC repealed 
the earlier Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the 
approximation of the laws of the Member States relating to machinery (OJ L 207, 23.7.1998, p. 1). 

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Above  all,  however,  the  adoption  of  the  Directive  has  led  to  an  improvement  in  the 
positioning and visibility of the industrial sector concerned as it has proved to be a beneficial 
instrument even outside the European Union. 

4. 

IMPLEMENTATION OF DIRECTIVE 2000/9/EC 

The  transposition  of  the  Directive  at  national  level  has  not,  on  the  whole,  run  into  any 
particular  problems,  and  it  has  not  been  necessary  to  start  infringement  proceedings  against 
any Member State. 

The  Commission  has  prepared,  with  the  help  of  an  expert  and  in  consultation  with  the 
stakeholders in the sector, Application guide to the Directive. The Guide, published in 2006, 
was  developed  with  the  intention  of  providing  all  players  involved  in  the  application  of  the 
Directive3 with a reference tool.  

4.1. 

Definitions and scope (Article 1) 

The  installations  covered  by  the  Directive  are  funicular  railways,  cable  cars,  gondolas, 
chairlifts  and  drag  lifts.  The  Directive  is  applicable  to  the  installations  built  and  put  into 
service as from 3 May 2004, and to subsystems and safety components placed on the market 
as from that date. 

With  regard  to  changes  to  existing  installations,  i.e.  installations  built  and  put  into  service 
before 3 May 2004, the Directive provides that only changes requiring a new authorisation for 
putting  into  service  must  meet  the  basic  requirements,  whereas  other  changes  do  not  fall 
within the scope of the Directive. In this respect, it should be noted that the application of the 
Directive  in  respect  of  changes  to  existing  installations  has  not  always  been  easy,  as  it  is 
sometimes  difficult  to  identify  the  changes  for  which  a  new  authorisation  for  putting  into 
service is required under the different legislations of Member States.  

The  Directive’s  scope,  under  Article  1(6),  excludes  inter  alia  lifts  within  the  meaning  of 
Directive  95/16/EC4,  tramways  of  traditional  construction,  rack  railways  and  equipment  for 
use in amusement parks. In the first few years of the Directive’s implementation, it became 
apparent  that  the  scope  of  the  Directive  would  have  to  be  better  defined  in  relation  to 
Directive 95/16/EC relating to lifts, and especially with regard to lifts inclined at an angle. At 
the same time, the distinction between installations in amusement parks designed for leisure 
purposes  and  cableway  installations  used  as  a  means  of  transport  for  persons,  and  therefore 
subject to the Directive, is not always clear-cut. 

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The  Guide  has  been  published  in  English,  French  and  German  and  is  also  available  electronically  in 
English,  French,  German 
Industry’s  website: 
http://ec.europa.eu/enterprise/sectors/mechanical/documents/guidance/cableways/index_en.htm 
Directive  95/16/EC  of  the  European  Parliament  and  of  the  Council  of  29  June  1995  on  the 
approximation of the laws of the Member States relating to lifts (OJ L 213, 7.9.1995, p. 1). 

on  DG  Enterprise 

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4.2. 

Basic requirements and harmonised standards (Articles 2–3 and Annex II) 

Through the implementation of and compliance with the essential requirements set out in the 
Directive it was possible to guarantee a very high level of safety for cableway installations in 
all  Member  States.  In  this  respect,  it  is  noteworthy  that  the  adoption  of  the  Directive 
contributed  especially  to  increasing  the  level  of  safety  of  cableway  installations  in  Member 
States which did not have a tradition in that field. 

Furthermore, the adoption of the Directive has given impetus to finalising the standardisation 
process  at  the  European  level.  In  2000,  the  Commission  gave  CEN5  and  CENELEC6  the 
standardisation mandate M300 in the field of cableway installations designed to carry persons. 
The standardisation programme was completed by the CEN Technical Committee responsible 
for  cableway  installations  during  the  period  2000–2005.  There  are  currently  twenty-three 
harmonised  standards  in  the  field  of  cableway  installations.  Their  references  are  regularly 
published  in  the  Official  Journal  of  the  European  Union7,  and  the  list  is  available  on  DG 
Enterprise and Industry’s website8. 

In  the  first  few  years  that  the  Directive  was  implemented,  only  one  formal  objection  to  a 
harmonised standard was filed by a Member State under the procedure set out in Article 2(7) 
of the Directive. Given the opinions expressed by the Standing Advisory Committee for the 
Directive and the Standing Committee for Directive 98/34/EC9, the formal objection was not 
followed through as it was not possible to substantiate the claim that the harmonised standard 
in question did not meet the essential requirements established in the Directive, and therefore 
the  reference  of  the  harmonised  standard  was  kept  on  the  list  of  standards  published  in  the 
Official Journal of the European Union10. 

As part of the standardisation mandate from the Commission, the CEN Technical Committee 
responsible  for  cableway  installations  has  recently  launched  the  first  review  process  for  the 
existing harmonised standards with a view to modifying and updating them if necessary. 

4.3. 

Safety analysis and safety report (Article 4 and Annex III) 

The Directive provides that all planned installations shall be subject to a safety analysis which 
covers  all  safety  aspects  of  the  system  and  its  surroundings  in  the  context  of  the  design, 
construction  and  putting  into  service  and  makes  it  possible  to  identify  risks  liable  to  occur 
during operation. 

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European Committee for Standardisation. 
European Committee for Electrotechnical Standardisation. 
The most recent publication of references of harmonised standards in the field of cableway installations 
appeared in Official Journal C 51, 4.3.2009, p. 9. 
http://ec.europa.eu/enterprise/sectors/mechanical/documents/standardization/cableways/index_en.htm 
Directive  98/34/EC  of  the  European  Parliament  and  of  the  Council  of  22  June  1998  laying  down  a 
procedure  for  the  provision  of  information  in  the  field  of  technical  standards  and  regulations  and  of 
rules on information society services (OJ L 204, 21.7.1998, p. 37). Directive as amended by Directive 
98/48/EC (OJ L 217, 5.8.1998, p.18). 
Commission  Decision  of  26  November  2008  on  the  non-withdrawal  of  the  reference  of  standard  EN 
12929-2:2004  “Safety  requirements  for  cableway  installations  designed  to  carry  persons  –  General 
requirements – Part 2: Additional requirements for reversible bi-cable aerial ropeways without carrier 
truck brakes” in the Official Journal of the European Union in accordance with Directive 2000/9/EC of 
the European Parliament and of the Council – (C(2008)7289 final). 

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The safety analysis is the subject of a safety report recommending the measures envisaged to 
deal with any such risks and including a list of the safety components and subsystems. 

The safety analysis is a new concept introduced in the Directive and has played a fundamental 
role in its implementation. However, it should be stressed that the Directive only provides that 
the  safety  analysis  be  carried  out  at  the  request  of  the  main  contractor  or  his  authorised 
representative.  Thus,  the  Directive  does  not  stipulate  who  must  carry  out  this  analysis,  but 
only  on  whose  behalf  it  is  carried  out.  Similarly,  with  regard  to  the  method  to  be  used  in 
preparing  the  safety  analysis,  the  Directive  stipulates  only  that  it  must  be  a  recognised 
method, which takes into account the state of the art, the complexity of the installation and the 
planned operating modes. On this subject, it must be noted that this fairly general wording has 
at times created problems in interpreting how the Directive is to be applied. 

4.4. 

Safety components, subsystems and installations (Article 1 and Annex I) 

As  has  been  mentioned  above,  the  Directive  is  based  on  the  distinction  between  safety 
components, subsystems and installations. 

With regard to the safety components, the Directive defines these as any basic component, set 
of components, subassembly or complete assembly of equipment and any device incorporated 
in  the  installation  for  the  purpose  of  ensuring  a  safety  function  and  identified  by  the  safety 
analysis. 

“Installation”  is  defined  as  the  whole  on-site  system,  consisting  of  infrastructure  and 
subsystems.  The  infrastructure  is  specially  designed  for  each  installation  and  includes,  inter 
alia,  the  layout,  station  structures  and  structures  along  the  line,  and  the  foundations.  With 
regard  to  subsystems,  the  Directive  does  not  define  these  as  such  but  provides  a  list  which 
includes, inter alia, the following: cables and cable connections, drives and brakes, vehicles, 
mechanical equipment, electrotechnical devices and rescue equipment. 

The  Directive  establishes  the  free  movement  of  safety  components  and  subsystems  in  the 
internal market, and these are, therefore, subject to an assessment procedure and declaration 
of  conformity  procedure;  whereas  installations  continue  to  fall  within  the  Member  States’ 
competence and, therefore, each Member State lays down the procedures for authorising the 
construction and putting into service of installations which are located within its territory. 

Clarity and coherence in identifying safety components and subsystems and installations are 
therefore crucial in order to correctly implement the Directive. However, in implementing the 
Directive, the distinction especially between safety components and subsystems, and between 
subsystems and infrastructure has not always been clear.  

4.5. 

Assessment  and  declaration  of  conformity  of  safety  components  (Article  7  and 
Annexes IV-V) 

Before  the  safety  component  is  placed  on  the  market,  the  manufacturer  or  his  authorised 
representative  established  in  the  Community  must  submit  the  safety  component  to  a 
conformity assessment procedure. 

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The conformity assessment procedure set out in the Directive for safety components refers to 
various modules which are covered by Decision 93/465/EEC11, including Module B (EC-type 
examination)  together  with  Module  D  (quality  assurance  of  the  production  process)  or  with 
Module  F  (product  verification);  Module  H  (full  quality  assurance);  and  finally  Module  G 
(unit verification). The various modules may be chosen by the manufacturer or his authorised 
representative  and  will  always  be  carried  out  by  third  party  bodies,  i.e.  the  notified  bodies. 
Once the conformity assessment procedure is completed, the manufacturer or his authorised 
representative  affixes  the  EC  conformity  marking  and  draws  up  the  EC  declaration  of 
conformity. 

The implementation of the Directive has shown that the choice of applicable modules for the 
conformity assessment of safety components is entirely  relevant. The fact that the Directive 
provides that the conformity assessment must be carried out by a notified body has proved to 
be  appropriate,  and  there  have  been  no  specific  problems  regarding  the  application  of 
different modules. 

4.6. 

Assessment  and  declaration  of  conformity  of  subsystems  (Article  10  and 
Annexes VI-VII) 

Before  the  subsystems  are  placed  on  the  market,  the  manufacturer  or  his  authorised 
representative  established  in  the  Community  must  submit  the  subsystem  to  a  conformity 
assessment procedure. 

However, the conformity assessment procedure set out in the Directive for subsystems does 
not, unlike that set out for safety components, refer to specific modules. 

The Directive sets out an EC examination procedure for subsystems, which is carried out at 
the request of the manufacturer or his authorised representative by the notified body chosen 
for this purpose by the manufacturer or his authorised representative. Once this procedure is 
completed, the manufacturer or his authorised representative draws up the EC declaration of 
conformity; the EC marking does not have to be affixed. 

In  this  respect,  it  should  be  stressed  that  the  absence  of  modules  in  the  EC  examination 
procedure of subsystems has at times given rise to divergent interpretations and practices. 

4.7. 

Safeguard measures (Articles 14 to 15) 

The Directive stipulates the safeguard procedure to be followed if a Member State finds that a 
safety  component,  subsystem  or  even  an  installation  may  jeopardise  the  health  or  safety  of 
persons and, if relevant, the safety of property. This procedure, the usefulness of which is not 
in question, has never been applied over the first few years since the implementation of the 
Directive.  

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Council  Decision  93/465/EEC  of  22  July  1993  concerning  the  modules  for  the  various  phases  of  the 
conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, 
which are intended to be used in the technical harmonisation directives (OJ L 220, 30.8.1993, p. 23) – 
Decision 93/465/EEC has been repealed by Decision 768/2008/EC of the European Parliament and of 
the Council of 9 July 2008 (see footnote 17). 

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4.8. 

Notified bodies (Article 16 and Annex VIII) 

Several Member States have notified the Commission and other Member States of the bodies 
responsible  for  carrying  out,  in  accordance  with  the  Directive,  the  conformity  assessment 
procedures for safety components and subsystems12. 

It  is  obviously  crucial  that  the  criteria  established  in  the  Directive  for  the  assessment  of 
notified  bodies  be  rigorously  and  consistently  applied  by  the  national  authorities  of  the 
various Member States.  

With regard to the coordination of notified bodies as set out in the Directive, the Cableway 
Installations Sectoral Group of Notified Bodies was set up and started its work in 2004. The 
purpose  of  setting  up  the  Group  is  twofold:  to  establish  cooperation  between  the  notified 
bodies  in  the  sector  and  thereby  promote  the  harmonisation  of  conformity  assessment 
procedures carried out pursuant to the Directive. 

The  Cableway  Installations  Sectoral  Group  of  Notified  Bodies  has  up  to  now  adopted  five 
recommendations for use (RfUs)13. 

The cooperation in place since 2004 between notified bodies in the sector has been fruitful, it 
could,  however,  prove  even  more  effective.  The  harmonisation  of  conformity  assessment 
procedures has not yet been completed, and only a few RfUs have been adopted which mainly 
focus on formal and administrative issues and not necessarily on technical ones.  

4.9. 

Committee (Article 17) 

The  Directive  stipulates  that  the  Commission  shall  be  assisted  by  a  Standing  Advisory 
Committee consisting of representatives of authorities from Member States and chaired by a 
representative of the Commission. 

In the first few years of the Directive’s implementation, the Committee has in principle met 
once  a  year  and  has  not  been  called  upon  to  adopt,  by  means  of  a  formal  vote,  any  real 
measures  to  implement  the  Directive.  The  Committee  has,  however,  addressed  the  issue  of 
interpretation regarding the application of the Directive and its transposition into national law, 
and  in  so  doing  has  encouraged  cooperation  and  dialogue  between  the  competent  national 
authorities.  

The  presence  at  these  meetings  of  sectoral  stakeholders  as  observers  (such  as  OITAF14, 
IARM15 and FIANET16) and other actors involved in the implementation of the Directive (the 

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The  updated  list  of  notified  bodies  is  available  on  DG  Enterprise  and  Industry’s  website: 
http://ec.europa.eu/enterprise/sectors/mechanical/documents/legislation/cableways/notified-
bodies/index_en.htm 
The 
text  on 
http://ec.europa.eu/enterprise/sectors/mechanical/documents/legislation/cableways/notified-
bodies/index_en.htm  
Organizzazione  Internazionale  Trasporti  a  Fune  (International  Organization  for  Transportation  by 
Rope),  which  groups  together  all  stakeholders  in  the  sector  of  cableway  installations  (manufacturers, 
operators and national authorities). 

is  published  on  DG  Enterprise 

Industry's  website: 

the  RfUs 

and 

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CEN  Technical  Committee  responsible  for  cableway  installations  and  the  Cableway 
Installations Sectoral Group of Notified Bodies) was very useful. 

4.10.  Market surveillance and ADCO Group 

Market surveillance is an essential principle in the New Approach and falls within Member 
States’  competences.  Following  the  adoption  of  the  Directive,  the  national  authorities  were 
requested to undertake market surveillance in the sector of cableway installations in order to 
ensure that the products placed on the market meet the essential requirements set out in the 
Directive. 

In  order  to  bolster  market  surveillance,  it  has  proven  necessary  to  set  up  administrative 
cooperation between national authorities responsible for market surveillance. To this end, an 
Administrative Cooperation Group for Market Surveillance (ADCO Group) was set up for the 
Directive in 2008. 

Since its creation, the ADCO Group has met at the same time as the Committee meetings. It 
offers a discussion forum where national authorities responsible for market surveillance in the 
cableway  installations  sector  can  exchange  information  and  share  good  practices.  The 
Group’s  work  is  currently  looking  very  promising  in  respect  of  establishing  effective  and 
transparent cooperation between the national authorities concerned. 

4.11. 

Innovation 

Article  11(3)  of  the  Directive  provides  that,  in  the  case  of  innovative  safety  components  or 
subsystems, the Member State may impose special conditions on the construction or putting 
into  service  of  installations;  the  Member  State  concerned  informs  the  Commission,  which 
immediately notifies the Committee. 

Since the Directive’s implementation this procedure has never been used. It therefore remains 
to be seen whether this mechanism is indeed able to provide value added with regard to the 
assessment and certification procedures otherwise provided for in the Directive. 

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International Association of Ropeway Manufacturers. 
International Federation of National Associations of Ropeway and Cableway Operators. 

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5. 

CONCLUSIONS AND OUTLOOK 

By adopting and implementing the Directive, the objective of establishing an internal market 
for  safety  components  and  subsystems  of  cableway  installations,  while  guaranteeing  a 
uniform and high level of safety in the Member States, has been achieved. 

At  the  same  time,  the  application  of  the  Directive  has  highlighted  a  number  of  specific 
problems. The Commission will examine these aspects and possible solutions with a view to 
revising the  Directive; this will also  provide  the opportunity to bring the Directive into line 
with the content of Decision 768/2008/EC17, adopted as part of the New Legal Framework for 
the New Approach legislation. 

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Decision  768/2008/EC  of  the  European  Parliament  and  of  the  Council  of  9  July  2008  on  a  common 
framework  for  the  marketing  of  products,  and  repealing  Council  Decision  93/465/EEC  (OJ  L  218, 
13.8.2008, p. 82). 

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