CELEX: 51993PC0646
Language: en
Date: 1994-01-31
Title: Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE relating to cableway installations designed to carry passengers

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  COM(93) 646 final
                                                                  Brussels, 31.01.1994
                                                                  94/0011(COD)
                SB
                                                    Proposal for a
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                             EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
                          Relating to cableway installations designed to carry passengers
                                          ( presented by the Commission )
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                          EXPLANATORY MEMORANDUM
REASONS FOR THE PROPOSAL IN TERMS OF SUBSIDIARITY
(a) What are the objectives of the proposed action in relation to the
     obligations incumbent upon the Community?
The objectives of this action are to ensure the free movement of
components of cableway installations and of complete cableway
installations by harmonizing the national provisions on safety and
health protection and to provide protection for users.
(b) Is the Community alone responsible for the action planned or does
     it share responsibility with the Member States?
The Community alone is responsible for the action in question (internal
market).
 (c) Which forms of action are open to the Community?
Mutual recognition and regulation are the two forms of action open to
the Community. The national legislation of the Member States on
cableway installations is based on differing safety principles.
Directive 90/531/EEC provides for the opening up of public contracts in
this field.
 (d) Are uniform rules necessary or would a Directive setting the
     general objectives but leaving implementation to the Member States
     suffice?
The measure proposed for cableway installations is a Directive based on
Articles 57, 66 and 100a of the EC Treaty. It will cover all aspects of
marketing since it is impossible to ensure free movement by means of a
less binding measure to guarantee a high level of protection in the
Member States. As regards components, the Directive is based on the
principles set out in the Resolution of 7 May 1985 on a new approach to
technical harmonization and standards. As regards complete
installations, for the purposes of opening up the markets and
protecting users, the Directive provides for a Community verification
procedure. In both these contexts the rules have been limited to the
essential requirements and leave the implementation aspects to the
Member States and to European standardization.
 ---pagebreak---                                  - 3
INTRODUCTION
1.  In those Member States where they are in widespread use, cableway
    installations designed to carry passengers are covered by
    regulations relating to such aspects as safety during putting into
    service and operation, environmental protection and regional
    planning.
2.  The national regulations, which naturally apply both to the
    components and to the system as a whole, are usually of a very
    detailed nature in terms of equipment obligations, so much so as to
    render them incompatible. Consequently, they tend to involve
    techniques peculiar to the national industry as well as local
    customs and knowhow. At the same time, they stipulate specific
    dimensions and devices, not to mention particular characteristics
    which are usually inconsistent from one country to another.
3.  In the light of these circumstances, manufacturers are obliged to
    redefine their equipment for each market, thus excluding the
    possibility of supplying standard equipment. This adversely
    affects their competitiveness, in that they are obliged in each
    instance to include additional study, design and production costs,
    while facing de facto exclusion from certain markets.
4.  Users from a largely international background are thus denied a
    clear insight into the nature and scope of the safety measures
    adopted, notably with regard to operation.
5.  In the circumstances, and given that for reasons connected with
    public policy (safety, health and environment) the regulatory
    constraints on manufacturers and operators are particularly acute,
    it is difficult to imagine how a genuinely open and competitive
    market could be created in the Community without envisaging the
    establishment of a Community framework of reference.
6.  It should also be recalled that, originally, the intention had been
    that cableway installations designed to carry passengers should be
    included in the scope of the provisions relating to lifts.
    Subsequently, however, these installations had been excluded on the
    grounds that the measures to be implemented apply specifically to
    users whose needs cannot be catered for in the framework of
    provisions geared primarily to the safety of workers.
More recently, in the context of discussions within the Council, the
Member States have introduced the subject of cableway installations
designed to carry passengers in the scope of Directive 90/531/EEC
relating to the excluded sectors.
 ---pagebreak---                                             - 4 -
      THE MARKET
      7.   The installations in question can be divided into five categories:
                 funicular railways;
                cable cars;
                gondolas;
                 chair lifts;
                 drag lifts.
            In 1987 the total number of installations in Europe was as follows:
            Table 1 : Total number of cableway installations in Europe in
            19871
                     Funicular    Cable cars      Gondolas Chair lifts Drag lifts Total
France                    13           56             134      625        3238    4066
Italy                     25          128             193      399        2025    2770
Geraany                   13           27               24      106       1900    2070
Spain                     10             5               5       72         216     308
United Kingdoa            20             3               4       13          82     122
Greece                      3           12               3       10           28      56
Netherlands                              1                        4           12      17
Belgiua                                  2               1        3           15      21
Portugal                    6            1                                     5      12
Denmark                                                                        2       2
Luxembourg                                                        1                    1
Ireland
Total EC                   90         235             364     1233         7523    9445
Austria                    26           64              59      508        3371    4028
Switzerland                51         134              103      265        1730    2283
Czechoslovakia              4            5               5       40        1709    1763
Sweden                      1            1               1       36         881     920
 Poland                     2            2               2       17         420     443
 Yugoslavia                 3            8              16       52         326     405
 Norway                     5            5               4       28         313     355
 Finland                                                          9          151     160
 Other countries            3             7              6       40         216      272
 Total Europe              95          226             196      995        9117   10629
 non EC
 Total Europe             185          461             560     2228       16640   20074
             Source: magazine MOTOR IM SCHNEE.
 ---pagebreak---                                      - 5 -
    It should be noted that more than 70% of the world's heavy installations
     (funicular railways, cable cars and gondolas) are located in Europe.
8.  The manufacturers, for their part, are grouped together within the IARM
     (International Association of Ropeways Manufacturers). According to
    this association, the structure of the sector in 1990 was as follows:
Table 2: Cableway installations - Structure of the sector in Europe in 1990
                           Number             Turnover            Jobs
                        of companies        million ECU
      EC                     18            about 200         about 1500
      Austria                 9            about 100         about 1000
      Switzerland             7            about 100         about 1000
       The major manufacturers on the world stage are from Europe
        (including Austria and Switzerland).
       It is important to point out that the cableway installation
       manufacturers are not contractors who offer their expertise for the
       purpose of completing construction projects designed by others. On
       the contrary, they are designers and industrialists in their own
       right who sell and develop their own technologies and their own
       products.
   9.  During the period 1986-91, penetration of the major Community
       markets (Spain, France, Italy) was as follows (see Table 3).
       On the basis of this (albeit incomplete) table, it is possible to
       measure the extent to which the Community market has become
        compartmentalized (attributable mainly to regulatory factors). A
       more complete study on the principal countries concerned (Austria,
        Switzerland, Germany) is currently being carried out.
        Outside Europe, the other major markets are located in the United
        States and Japan.
 ---pagebreak---                                               - 6 -
      Table 3 :
  Country         No of install. Aaount(currency)             Origin                    Reaarks
Spain                            Million   Pesetas    F       I     A     S
     86                 19               960       60X        0      40X  0     Spain has no national
                                                                                Manufacturer
      87                15               900        25X      10X     65X  0
      88                22              1280        29X       7X     63X   1X
      89                  8             2539        21X       3X     76X   0
      90                13              1066        36X      11X     53X   0
      91                  7             1487        24X      26X     45X   5X
Italy                            Million   Lira
  *   86                13            32494          0       0       9X    0    Subsidiary of an
                                                                                Austrian manufacturer
      87                16            18769          0       0      17X    0
      88                12            26939          0       0       4X    0
      89                20            56011          0       0       7X    0
      90                  9           27884          0       0       4X    0
      91                13            19694          0       0      48X    0      •Province of Bolzano
                                                     0       0                  **Other provinces
  ** 86 to 91          262               NC          0       0         IX  0
 France                           Million Francs
      87                91              800           100X   0        0      0
      88               157              960             0   0.6X      0      0
      89               134              700             0    0        0    24X
      90               138              510             0    0        0      7X
      91                 79             525            78X 11.5X      8X  2.5X
      92 forecast        29                                                      1 Austrian cable
                                        N/A
                                                                                 car
                                                                                 1 Swiss funicular
 ---pagebreak---                                   - 7 -
AIMS OF THE REGULATIONS AND CONTROLS
10. Cableway installations are carefully monitored by the public
     services in the Member States in a bid to ensure passengers the
     optimum conditions of safety commensurate with the technical state
     of the art.
     The causes of serious accidents are associated either with the
     transport system proper (broken cables, derailment, broken cabin
     fittings) or with the fixed installations supporting the system
     (fracture of a pylon anchor block). In other words, the safety of
     the installations depends not only on the quality of the goods
     supplied by industry - components - but also on the way in which
     they are assembled and installed on site and on the degree of
     monitoring during use.
 11. This is why, in the various countries concerned, responsibility for
     approving equipment and cableway installations designed to carry
     passengers, prior to entry into public service, as well as ongoing
     monitoring during operation is normally vested in a specialized
     administrative service.
 12. Consequently, approval of the components, as required under the
     regulations, cannot be obtained beforehand but only at the moment
     when a specific order is placed with a particular customer. As a
     result, in order to initiate the procedure for the approval of the
     various components for a type of installation, it is therefore
      necessary to have concluded a contract for a particular
      installation on which a ruling will have to be given by the
      authorities.
      This state of affairs discriminates severely against non-national
      manufacturers, especially as the initial approval procedure
      extends, on average, over a period of about two years and involves
      substantial costs.
 13. By the same token, verification of the installation, as required
      under the regulations, prior to its entry into public service may
      entail difficulties, not least the possibility of certain
      components or certain technological solutions being rejected with
      the consequent need to find alternatives.
      Non-national manufacturers, especially, may be placed at a
      particular disadvantage by such eventualities, in that they may
      find themselves unable to enter into commitments involving firm
      deadlines or to cope with their costs.
 14. This situation has resulted in virtually total compartmentalization
      of the market in components and in the installations as a whole. To
      overcome this problem, the Commission's objective is to create
      conditions allowing opening up of the national markets and free
      movement of the goods and services concerned, thereby contributing
      to the establishment of a fully fledged internal market in this
      field.
 ---pagebreak---                                   - 8 -
15. Article 100a(3) of the EC Treaty stipulates that the measures taken
    to establish the internal market must be based on a high level of
    protection of health, safety, the environment and consumers.
    This proposal for a Directive aims at ensuring such a high level of
    protection and, in particular, at improving safety standards in the
    Member States which have not yet taken the measures necessary in
    order to ensure a high level of protection.
    In practice, in an area with no internal frontiers, users must be
    able to rely on an equivalently high level of protection wherever
    in the Community the installation is located.
16. Leaving aside structural detailing, which affects the technical
    characteristics and the technology in general, the only way to
    guarantee enduring safety standards is to monitor the installations
    during operation, either on an ongoing basis or in the form of
    intensified periodic checks or seasonal inspections.
    The methods employed to implement these measures are not
    technically neutral vis-à-vis  the installations in question,
    inasmuch as they depend on the technologies used, while at the same
    time exerting a potential influence on the latter. These methods
    may be incorporated either in the form of regulatory provisions or
     in technical standards and specifications.
 ---pagebreak---                                    - 9 -f-lO-
COMMUNITY ACTION AND SUBSIDIARITY
17. It is clear from the foregoing that, in order to achieve
     transparency and the genuine opening-up of the market not only in
     the Community but also in the framework of the EEA Agreement, the
     Community will need to follow a specific course of action. A
     number of hypotheses need to be considered, taking particular
     account of the principle of subsidiarity.
18. The first hypothesis involves the mutual recognition of regulatory
     provisions. The fact that the regulations in question are normally
     drawn up on the basis of obligations involving resources means that
     they are incompatible by definition. Mutual recognition could
     therefore be envisaged only if each of the Member States accepted
     on its territory installations designed, constructed and operated
      in accordance with the regulations of the other Member States.
      Such a hypothesis is not realistic either from a political or a
      technical point of view, inasmuch as it would create insoluble
      difficulties involving both interpretation and liability.
 19. A second hypothesis entails voluntary standardization by the
      players concerned, and this would inevitably apply only to
      components. In the absence of common criteria under the national
      regulations, and notwithstanding the fact that the contracting
      entities are under an obligation to refer to them, these standards
      would come up against the barrier of regulatory incompatibility.
      Consequently, standardization without prior definition of
      harmonized regulatory requirements is not, in itself, sufficient to
      solve the problem.
 20. All this would appear to indicate that the appropriate approach
      should be based on a proposal for a Directive, taking into account
      not only the components but also the installations as a whole,
      including the pertinent provisions concerning design, manufacture,
      putting into service and ongoing operation.
      In the case of cableway installations, moreover, the only way to
      ensure a market that is genuinely open and competitive is on the
      basis of Community measures. In particular, this would enable
      small undertakings, which owing to a lack of resources are
      currently restricted to their national (if not local) markets, to
      compete throughout the Community market on an equal footing with
      the three or four major manufacturers. Then again, the creation of
      a Community framework of reference is bound to promote and
      strengthen the competitiveness of European industry in
      international markets: Scandinavian countries, North America,
      Japan. Lastly, in the case of users whose background is, for the
      most part, international, this will ensure transparency and
      comprehensibility of the measures adopted for their safety,
       including ongoing operational safety.
      On this last point, it should be stressed that the proposal for a
      Directive lays down in general terms the obligations incumbent on
      the Member States, while leaving to their discretion the choice of
      measures to be taken.
 ---pagebreak---                                  - 11 -
SUBSTANCE OF THE PROPOSAL FOR A DIRECTIVE
21. As in the case of the existing national regulations, the proposal
    for a Directive considers the system as a whole. This means that
    account must be taken of the end result of the assembly of the
    components, which must be:
          pertinent, i.e. used in their field of application;
          consistent, i.e. compatible with their environment in the
          context of the installation;
          correctly assembled, in order to permit them to be put into
          service;
          checked and inspected, either periodically or continuously,
          during operation.
    Consequently, the authorities responsible will be required to carry
    out controls at two levels involving:
          the critical components which must be judged from the point of
          view of their operational safety;
          the complete installations which must be such as to ensure, in
          particular, the safety of users and respect for the
          environment.
22. Thus the proposal for a Directive draws on concepts evolved in the
    context of the new approach in respect of Directives relating to
    the "putting on the market" and "free movement" "of products". In
    particular, it is concerned with notions such as essential
    requirements, harmonized standards, safeguard clause, conformity
    assessment modules, notified bodies, etc.
    Notwithstanding, we are not dealing here with a Directive on the
     "free movement" of products. First and foremost, this is an
     instrument to permit the use of components and installations. It
     is such use which, in reality, is linked to the opening-up of
    markets subject to regulatory provisions, and in particular
    provisions concerned with the protection of the public. The
    provisions apply to complex equipment and systems designed to
     provide a service to the public. This is why the concepts referred
     to above are not sufficient, in themselves, and why, by analogy,
     new concepts must be defined that are applicable to the complete
     system and its operation. Such is the case, for instance, with
     regard to innovation, verification of the installation, putting
     into service, inspection during operation, bringing into
     conformity, cooperation among the notified bodies, etc.
     Without such provisions, there is a risk that the opening-up of
     these markets will not be effective in the short term, even where
     European standards already exist in respect of components
     considered in isolation.
 ---pagebreak---                                    - 12 -
23. In the light of the foregoing considerations, the legally operative
    part of the Directive has been arranged in six chapters:
    I.    General provisions
          This chapter concerns objectives, field of application and
          definitions, essential requirements and provisions relating to
          the selection of critical components.
     II.   Safety components
          This chapter groups together the provisions to be complied
          with when using the components, notably European
           specifications, including standards and conformity assessment
           by notified bodies and cooperation among these bodies.
     III. Installations
           This chapter is the most specific of all and deals with the
           division of responsibilities and prerogatives among the Member
           States, contracting entities, manufacturers and notified
           bodies. It contains provisions on the problem of innovation,
           verification prior to putting into service, operation and,
           where appropriate, bringing the installations into conformity.
     The other chapters
     IV. Notified bodies
      V. Committee
     VI. Final provisions
     pose no particular problems by comparison with other Directives
     already in force.
 24. The chapters making up the legally operative part are followed by
     eight annexes concerning:
         I.    Composition of cableway installations designed to carry
               passengers
        II.    Essential requirements
       III.    Safety analysis
        IV.    EC declaration of conformity of components
         V.    Assessment of conformity of components with the choice of
               modules
        VI.    EC declaration of conformity of installations
      VII.     EC verification of installations
     VIII.     Minimum criteria for the notification of bodies
 ---pagebreak---                                  - 13 -
       PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
                   RELATING TO CABLEWAY INSTALLATIONS
                      DESIGNED TO CARRY PASSENGERS
THE EUROPEAN PARLIAMENT   AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Articles 57(2), 66 and 100a thereof,
Having regard to the proposal from the Commission, 1
Having regard to the opinion of the Economic and Social Committee,2
Whereas cableway installations designed to carry passengers are
designed, manufactured, put into service and operated with the object
of providing a service to the public; whereas, to a very large extent,
these cableway installations are mountain lift systems used in high-
altitude tourist resorts and consisting of funicular railways, cable
cars, gondolas, chair lifts and drag lifts;
Whereas these installations are operated in connection with tourism,
and ski resort tourism in particular, which plays an important role in
the economy of the regions concerned and is becoming an increasingly
important factor in national trade balances; whereas, from a technical
point of view, the cableway installations sector also ranks among the
industrial activities linked to the production of capital equipment and
to activities in the building and civil engineering sector;
Whereas the Member States are responsible for ensuring the safety of
cableway installations designed to carry passengers at the time of
manufacture, putting into service and during operation; whereas,
moreover, they are jointly responsible with the local authorities for
such matters as land-use legislation, regional planning and
environmental protection; whereas the national regulations which they
apply differ widely and involve techniques peculiar to the national
industry as well as local customs and knowhow; whereas they stipulate
specific dimensions and devices and particular characteristics;
whereas, in the light of these circumstances, manufacturers are obliged
to redefine their equipment for each market; whereas this makes it
difficult to provide standard solutions and adversely affects
competitiveness;
   lOJ No
   2oj No
 ---pagebreak---                                  - 14 -
Whereas steps should be taken to define, on a Community-wide basis,
essential safety, health, environmental protection and consumer
protection requirements applicable to cableway installations and their
components; whereas without these mutual recognition of regulatory
provisions would create insoluble political and technical difficulties
as regards interpretation and liability; whereas, by the same token
standardization without prior definition of a framework of harmonized
regulatory requirements is not sufficient to solve the problem;
Whereas responsibility for approving equipment and installations is
generally vested in a specialized service of the national
administration; whereas, in certain cases, approval of the components
cannot be obtained beforehand but only at the moment when a specific
order is placed with a particular customer; whereas, by the same
token, the requisite verification of the installation prior to its
entry into public service may result in the rejection of certain
components Or certain technological solutions; whereas such a state of
 affairs leads to increased costs and longer waiting periods and is
particularly discriminatory against non-national manufacturers,
especially; whereas cableway installations are carefully monitored by
the public services, not least during periods when they are
operational; whereas the causes of serious accidents are linked to the
 system of transport as such, or to the fixed installations supporting
the system, or to the way in which the system is operated and
maintained;
Whereas, under these conditions, the safety of the installations
 depends both on the quality of the industrial goods supplied and on the
way in which they are assembled, set up and monitored on site; whereas
 this underlines the importance of having an overview of the
 installation in order to assess the level of safety and of adopting a
 common approach, at Community level, in the field of safeguards and
 quality; whereas, under these conditions, steps should be taken to
 enable manufacturers to overcome their current difficulties and to
 enable users to derive maximum benefit from their leisure time and to
 enjoy equal improvements irrespective of the Member State they choose
 to visit; whereas, to this end, a set of requirements should be defined
 together with control and verification procedures to be applied
 uniformly throughout the Community;
 Whereas steps must be taken to ensure that users from countries
 anywhere in the Community, and even beyond, enjoy a satisfactory level
 of safety; whereas, in order to meet this requirement, it is necessary
 to define procedures and establish examination, control and
 verification mechanisms; whereas such mechanisms necessitate the use of
 standardized technical provisions which must be incorporated in the
 installations;
 Whereas Directive 85/337/EEC calls for an environmental impact
 assessment on cableway installations if the projects are likely to have
 significant effects on the environment by virtue, inter alia, of their
 nature, size or location;
 ---pagebreak---                                  - 15 -
Whereas cableway installations come within the scope of Council
Directive 90/531/EEC of 17 September 1990 on the procurement procedures
of entities operating in the water, energy, transport and
telecommunications sectors 5;
Whereas the contracting entities are obliged to include the technical
specifications in the general documentation or in the product
specifications peculiar to each contract; whereas these technical
specifications must be defined with reference to European
specifications, where such specifications exist; whereas a European
specification is a common technical specification, a European technical
approval or a national standard transposing a European standard;
Whereas a harmonized European standard is established by a European
standardization body, i.e. the CEN, CENELEC or the ETSI, on a mandate
from the Commission; whereas the references thereof are published in
the Official Journal of the European Communities;
Whereas, in the absence of European specifications, the technical
specifications should be defined, as far as possible, with reference to
the other standards in use in the Community; whereas the contracting
entities can define the additional specifications needed to supplement
the European specifications and other standards; whereas these
provisions must, in all instances, ensure compliance at European level
with the harmonized standards to which cableway installations designed
to carry passengers are required to conform;
Whereas it is in the interests of the Community to have an
international standardization system capable of producing standards
effectively used by international trading partners and satisfying the
requirements of Community policy; whereas, consequently, the European
standardization bodies must continue their cooperation with the
international standardization organizations;
Whereas the contracting entities indicate in the general documentation
or product specifications peculiar to each contract the control and
verification procedures to which the components and installations will
be subject; whereas these procedures must, notably in the case of the
components, fall within the framework of Council Resolution 90/C10 of
21 December 1989 concerning a global approach to conformity
assessment 4; whereas the notion of component applies not
only to tangible objects but also to intangible objects such as
software; whereas the procedures for assessing the conformity of
components must be based on the use of the modules featured in Council
Decision 90/683/EEC of 13 December 1990^; whereas, in the case of
components that are critical from the safety point of view, steps must
be taken to define the principles and conditions governing the
application of design quality assurance; whereas these measures are
necessary to promote the general adoption of the system of quality
assurance among undertakings;
 3  OJ No L 297, 29.10.1990.
 4  OJ No C 10, 16.1.1990.
 5  OJ No L 380, 31.12.1990.
 ---pagebreak---                                  - 16 -M>
Whereas, in the case of components, it is necessary to identify the
components on which the safety of the installations depends; whereas
this is done by submitting the project to a methodical safety analysis;
Whereas in their specifications the contracting entities lay down, by
reference to the European specifications, the characteristics which
manufacturers are under a contractual obligation to observe,
particularly for components; whereas, under these conditions, the
conformity of the components depends principally on their field of use
and not solely on free movement on the common market;
Whereas, consequently, it is not necessary for the manufacturer to
affix the CE marking to components subject to the provisions of this
Directive; whereas, however, after assessment of conformity following
the procedures laid down for this purpose in the Directive, the
manufacturer's declaration of conformity will suffice; whereas this
applies without prejudice to the obligation incumbent upon
manufacturers to affix the CE marking to certain components to certify
their conformity with other Community provisions applicable thereto;
Whereas the Member States' responsibility for safety, health and other
aspects covered by the essential requirements on their territory must
be recognized in a safeguard clause providing for the appropriate
Community procedures;
Whereas a procedure is necessary for the verification of installations
before they are put into service; whereas such verification must enable
the authorities to satisfy themselves that at each stage of the design,
manufacturing and entry-into-service process the result obtained
conforms to the provisions applicable; whereas manufacturers must be
able to take for granted that treatment will be equal, irrespective of
the country in question; whereas a module should therefore be drawn up
to define the principles and conditions governing EC verification of
 installations ;
Whereas, in the case of cableway installations, large-scale tests can
only be carried out on technological innovations once an actual
 installation has been completed; whereas, under these conditions, a
procedure should be envisaged which, while ensuring compliance with the
 essential requirements, also provides for permissible derogations;
Whereas it is not necessary to envisage bringing all existing
 installations into conformity with the provisions applicable to new
 installations; whereas, however, this may prove necessary if there is
 clear evidence that conditions are unsafe;
Whereas, particularly in the absence of a European specification, the
 notified bodies responsible for examining the conformity assessment
 procedures in respect both of the components and of the installations
 must coordinate their decisions as closely as possible; whereas the
 Commission must take appropriate steps to ensure that they do so;
Whereas adequate implementation of the essential requirements,
particularly with regard to the safety of the installation as a whole,
and coordination of the procedures call for the establishment of a
special committee,
HAVE ADOPTED THIS DIRECTIVE:
 ---pagebreak---                                  - 18 -
                               CHAPTER I
                          GENERAL PROVISIONS
                               Article 1
1. This Directive applies to cableway installations designed to carry
   passengers.
2. For the purposes of this Directive, cableway installations designed
   to carry passengers means capital equipment made up of several
   components, designed, manufactured, assembled and put into service
   with the object of providing an operational service to carry the
   general public.
   This on-site equipment is used for the carriage of passengers in
   vehicles or on chairs, whereby the suspension and/or traction is
   provided by cables positioned or running along the line of travel.
3. The installations concerned are:
   (a) funicular vehicles mounted on wheels and supported on a track
       or road;
   (b) cable cars (usually bicable), where the two cabins are lifted
       by one or more carrier cables and traction is provided by one
       or more tow cables;
   (c) gondolas (usually monocable) combining on the same cable, or
       group of cables, dual lifting and traction functions. Their
       movement is continuous and unidirectional;
   (d) chair lifts, usually with fixed mountings;
   (e) drag lifts which usually constitute the basic equipment at ski
       resorts.
4. This Directive applies to the installations and components and lays
   down the rules on harmonization necessary and adequate in order to
   ensure and guarantee compliance with the essential requirements
   applicable thereto, as referred to in Article 3.
5. For the purposes of this Directive:
       "Installation" means the complete on-site system together with
       the following subsystems, as described in greater detail in
       Annex I:
       -    infrastructures;
       -   electrical and telecommunications equipment;
       -   mechanical equipment;
           vehicles;
       -   public facilities;
       -   operational equipment.
 ---pagebreak---                                 - 19 -
        "Component" means any single component, set of components,
        subassembly or complete assembly incorporated in the subsystems
        making up the installation, as indicated in Annex I.
        "Safety component" means any installation component the failure
        of which poses a risk to the safety of persons, be they
        passengers, workers or third parties.
                               Article 2
The provisions of this Directive shall apply without prejudice to the
pertinent provisions of other Community Directives, particularly with
regard to the European specifications on components, save where,
particularly in the case of safety components, compliance with the
essential requirements laid down in this Directive calls for
application of the special European specifications established for this
purpose.
                               Article 3
1.  The installations and components covered by this Directive shall
    comply with the essential requirements set out in Annex II.
2.  The conformity of a component to the relevant essential
    requirements shall be determined by reference to the pertinent
    European specifications, where such specifications exist.
3.  The references of the European specifications which take the form
    of common technical specifications, European technical approvals,
    as defined in Directive 90/531/EEC, or national standards
    transposing harmonized European standards shall be published in the
    Official Journal of the European Communities.
    The Member States shall publish the references of the national
    standards transposing the harmonized standards.
4.  In the absence of European specifications, and without prejudice to
    the provisions of Article 17, Member States shall send to other
    Member States and the Commission a list of those parts of existing
    national technical regulations, standards and specifications which
    are regarded as relevant to the proper implementation of the
    essential requirements.
5.  The additional technical specifications needed to supplement the
    European specifications or other standards must not jeopardize
    compliance with the essential requirements.
 ---pagebreak---                                 - 20 -
6. Where a Member State or the Commission considers that the European
   specifications referred to in paragraph 2 do not entirely satisfy
   the relevant essential requirements referred to in Article 3, the
   Commission or the Member State concerned shall bring the matter
   before the Committee referred to in Article 18, giving the reasons
   therefor. The Committee shall deliver an opinion without delay.
   Upon receipt of the Committee's opinion, and following
   consultations with the Committee set up under Directive 83/189/EEC
   in the case of harmonized standards, the Commission shall inform
   the Member States whether or not it is necessary to withdraw the
   European specifications in question from the published information
   referred to in paragraph 3.
                              Article 4
1. The installations shall be the subject of a safety analysis to
   ensure that the design and architecture of the project, having
   regard to the environment in which it is located, make it possible
   to obtain satisfactory safety conditions in the most adverse
   situations.
2. The safety analysis shall make it possible to identify, in
   particular, the safety components in the installation which are
   subject to the provisions of Chapter II.
 ---pagebreak---                                   - 21 -
                               CHAPTER II
                            SAFETY COMPONENTS
                                Article 5
Member States shall take all appropriate measures to ensure that the
safety components to which this Directive applies:
    are placed on the market only if they permit the construction of
    installations complying with the essential requirements referred
    to in Article 3;
    are used for their intended purpose and are properly installed and
    maintained.
                                Article 6
Member States shall not, on the basis of this Directive, prohibit,
restrict or impede the placing on their national markets or use in an
installation of safety components which comply with the provisions of
this Directive.
                                Article 7
 1. Member States  shall regard the safety components referred to in
    Article 4 and  with the EC declaration of conformity based on the
    model set out  in Annex IV as conforming to all the relevant
    provisions of  the Directive.
 2. The EC declaration of conformity shall be drawn up by the
    manufacturer, or his authorized representative established in the
    Community, on the basis of the modules in Decision 90/683/EEC, as
    defined in Annex V.
 3. The procedure for assessing component conformity shall be examined
     at the request of the manufacturer, or his authorized
     representative established in the Community, by the notified body
     referred to in Article 16 and appointed for this purpose.
 4.  Where the safety components are subject to other Community
     directives concerning other aspects, the EC declaration of
     conformity shall indicate in these cases that the safety components
     also fulfil the requirements of the other directives.
 ---pagebreak---                                 - 22 -
5. Where neither the manufacturer nor his authorized representative
   established in the Community fulfils the obligations of the
   preceding paragraphs, these obligations shall be incumbent on any
   person placing the component on the market. The same obligations
   shall apply to any person assembling the components or parts
   thereof of various origins or constructing components for his own
   use.
6. Without prejudice to the provisions of Article 8:
    (a) If any Member State ascertains that the EC declaration of
        conformity has been drawn up unduly, the manufacturer or his
        authorized representative in the Community shall be under an
        obligation to bring the component back into conformity and to
        put an end to the infringement under the conditions imposed by
        that Member State;
    (b) If the non-conformity persists, the Member States must take all
        the appropriate measures to restrict or prohibit marketing of
        the component concerned or to ensure its withdrawal from the
        market, in accordance with the procedures provided for by
        Article 8.
                               Article 8
1. Where a Member State ascertains that a component with an EC
   declaration of conformity as referred to in Article 7(1) which is
   marketed and used in accordance with its intended purpose is liable
   to jeopardize compliance with the essential requirements referred
   to in Article 3, it shall take all appropriate measures to restrict
   the scope or prohibit the use thereof.
   The Member State shall immediately inform the Commission of
   measures taken indicating the reasons for its decisions and, in
   particular, whether non-conformity is due to:
    a.  failure to satisfy the essential requirements;
   b.   incorrect application of the European specifications referred
        to in Article 3(2) to (4) insofar as application of these
        specifications is invoked;
    c.  shortcomings in the European specifications referred to in
        Article 3(2) to (4).
 ---pagebreak---                                 - 23 -
2. The Commission shall enter into consultation with the parties
   concerned without delay. Where the Commission considers, after
   this consultation, that the measure is justified, it shall
   immediately so inform the Member State which took the initiative
   and the other Member States. Where the Commission considers, after
   this consultation, that the measure is unjustified, it shall
   immediately so inform the Member State which took the initiative
   and the manufacturer or his authorized representative established
   within the Community. Where the decision referred to in
   paragraph 1 is based on a shortcoming in the European
   specifications referred to in Article 3(2) to (4), the procedure
   defined in Article 3(6) shall apply.
3. Where a component with the EC declaration of conformity referred to
    in Article 7(1) is found not to comply, the competent Member State
   shall take appropriate action against whomsoever drew up the
   declaration and shall so inform the Commission and the other Member
   States.
4. The Commission shall ensure that the Member States are kept
    informed of the progress and outcome of this procedure.
 ---pagebreak---                                  - 24 -
                              CHAPTER III
                             INSTALLATIONS
                               Article 9
Each Member State shall be responsible for authorizing the putting into
service of the cableway installations designed to carry passengers and
located in its territory.
To this end, Member States shall take all appropriate measures to
ensure that the installations covered by this Directive may be put into
service only if they have been designed, constructed and installed in
such a way as not to hamper compliance with the essential requirements
pertaining thereto.
                               Article 10
1. Member States shall not, on the basis of this Directive, prohibit,
    restrict or impede the construction, putting into service and
    operation in their territory of installations which comply with the
    provisions of this Directive.
2.  Member States may allow a derogation from paragraph 1 in their
    territory if the installation concerned, while meeting the
    essential requirements, is of a wholly or partially new design and
    if it falls into the category referred to in Article 12(1). The
    derogation option shall cease to apply when the conditions of
    paragraph 3 of the same Article are met.
                               Article 11
1.  Member States shall regard installations with the EC declaration of
    conformity based on the model set out in Annex VI and with the
    technical documentation provided for by paragraph 5 as conforming
    to the relevant essential requirements referred to in Article 3.
2.  The EC declaration of conformity shall be drawn up by the
    contracting entity, or its authorized representative, on the basis
    of the EC verification procedure defined in Annex VII.
3.  The EC verification procedure shall be examined at the request of
    the contracting entity, or its authorized representative, by the
    notified body referred to in Article 16 and appointed for this
    purpose.
 ---pagebreak---                                 - 25 -
4. The responsibilities of the notified body in charge of the EC
   verification of an installation begin at the design stage and
   extend over the entire construction stage up to the approval stage,
   prior to the installation being put into service.
5. The notified body must compile the technical documentation which
   accompanies the EC declaration of conformity. The technical
   documentation must include all the necessary documents concerning
   the characteristics of the installation and, where appropriate, all
   the documents certifying the conformity of the components. It must
   also contain all the relevant details of the conditions of and
   restrictions on use, of the maintenance instructions, of continuous
   or routine monitoring, adjustment or servicing.
                              Article 12
1. By way of derogation from the provisions of Article 11(1), the
   putting into service of an installation of a wholly or partially
   new design may be authorized by a Member State in its territory on
   the basis of a provisional EC verification certifying that the
    installation complies with the essential requirements.
2. Under the coordination arrangements referred to in Article 17, the
   notified body which has examined the EC verification procedure
    shall notify its partners of the outcome of its work and shall
    inform them, if so requested, of how the installation, with its new
    features, performs under operating conditions.
3. The Member State may authorize the same derogation for other
    installations exhibiting the same new feature for a period of no
   more than two years from the date on which the first installation
    comes into operation.
   At the end of this period, the coordination procedure referred to
    in Article 17 shall be initiated by the notified body which
    examined the provisional EC verification procedure, with a view to
   making it definitive and enabling the EC declaration of conformity
    to be drawn up.
                               Article 13
    If a Member State considers that an installation in respect of
    which an EC declaration of conformity has been issued does not
    fully comply with the essential requirements referred to in
    Article 3, it may request that additional checks be carried out
    before authorizing the entry into service of that installation in
    its territory.
 ---pagebreak---                                 - 26 -
2. The Member State shall immediately inform the Commission of the
   additional checks requested, together with reasons. The Commission
   shall forthwith initiate the coordination procedure provided for in
   Article 17 which may, where appropriate, lead to amendment of the
   European specifications for the installations, as referred to in
   Article 3(2).
                              Article 14
   The provisions of this Directive shall apply in cases where an
   existing installation is undergoing major repairs or alterations,
                              Article 15
1. Member States shall take all appropriate steps to ensure that the
   installations covered by this Directive remain in operation only on
   condition that they are properly maintained and used and that they
   comply with the essential requirements referred to in Article 3.
2. If a Member State discovers that the operation of an installation
   represents a clear safety hazard and poses a danger to passengers,
   workers or third parties, it shall immediately take all necessary
   measures to remedy the situation.
 ---pagebreak---                                 - 27 -
                              CHAPTER IV
                           NOTIFIED BODIES
                              Article 16
1. Member States shall notify the Commission and the other Member
   States of the bodies responsible for carrying out the conformity
   assessment procedure referred to in Article 7 and the verification
   procedure referred to in Article 11 specifying the field of
   competence of each body.
   The Commission shall assign the bodies identification numbers. The
   Commission shall publish the list of notified bodies, together with
   their identification number, in the Official Journal of the
   European Communities and shall keep it up to date.
2. Member States shall apply the criteria laid down in Annex VIII in
   assessing the bodies to be notified. Bodies meeting the assessment
   criteria laid down in the relevant harmonized standards of the
   EN.45.000 series shall be presumed to fulfil those criteria.
3. A Member State which has approved a body must withdraw its
   notification if it finds that the body no longer meets the criteria
   referred to in Annex VIII.
                              Article 17
1. In order to achieve consistency in the application of this
   Directive, and in particular of the provisions of Annex V on
   assessment of the conformity of components and of Annex VII on the
   procedure for the EC verification of installations, the Commission
   shall take steps to ensure that the decisions of the notified
   bodies referred to in Article 16 are closely coordinated, notably
   in cases where no European specifications exist.
2. Coordination meetings between the notified bodies shall be held at
   the request of the Commission or of the Committee referred to in
   Article 18, or at the instigation of the notified bodies
   themselves. At the request of the Commission, each Member State
   may be called upon to appoint, subject to certain limitations,
   notified bodies to participate in the coordination meetings.
3. The work carried out at the level of the coordination meetings may
    lead, where appropriate, to the drawing-up of European
    specifications setting out, in particular, all the operations
   required to establish the conformity of the components or of the
    installations with the provisions of this Directive.
 ---pagebreak---                                   - 28 -
                               CHAPTER V
                                COMMITTEE
                               Article 18
The Commission shall be assisted by a committee of an advisory nature
composed of the representatives of the Member States and chaired by the
representative of the Commission.
Any matter relating to the implementation and practical application of
this Directive may be brought before the Committee, in accordance with
the following procedure.
The representative of the Commission shall submit to the Committee a
draft of the measures to be taken. The Committee shall deliver its
opinion on the draft, within a time limit which the Chairman may lay
down according to the urgency of the matter, if necessary by taking a
vote. The opinion shall be recorded in the minutes; in addition, each
Member State shall have the right to ask to have its position recorded
in the minutes.
The Commission shall take the utmost account of the opinion delivered
by the Committee. It shall inform the Committee of the manner in which
it has taken account of this opinion.
 ---pagebreak---                                  - 29 -
                              CHAPTER VI
                           FINAL PROVISIONS
                              Article 19
Any decision taken pursuant to this Directive which restricts _the use
of a component in an installation, and the construction and operation
of an installation, shall state the exact grounds on which it is based.
Such decisions shall be notified as soon as possible to the party
concerned, who shall at the same time be informed of the legal remedies
available to him under the laws in force in the Member State concerned
and of the time limits to which such remedies are subject.
                               Article 20
1.  The Member States shall amend their laws, regulations and
    administrative provisions so as to authorize the use of safety
    components and the putting into ^service of installations complying
    with this Directive by 31 December 1995 at the latest. They shall
    forthwith inform the Commission thereof.
2.  The provisions adopted by the Member States pursuant to paragraph 1
    shall contain a reference to this Directive or shall be accompanied
    by such a reference at the time of official publication. The
    detailed procedures for this reference shall be adopted by the
    Member States.
                               Article 21
This Directive shall enter into force on the twenty-first day following
its publication in the Official Journal of the European Communities.
Done at Brussels,
For the Parliament                      For the Council
  The President                           The President
 ---pagebreak---                              - 30 -
                            ANNEX I
      CABLEWAY INSTALLATIONS DESIGNED TO CARRY PASSENGERS
                          COMPOSITION
Infrastructures
1.1 Layout, gauge, maximum speed, throughput
1.2 Stations (buildings, access areas, sidings, workshops)
1.3 Structures along the line
1.4 Cables
1.5 Maintenance, anchorage and cable power installations
Power supply and telecommunications
2.1 Power supply
2.2 Functions provided
2.3 Monitoring and control devices
2.4 Telecommunications
Mechanical devices
3.1 Drives
3.2 Brakes
3.3 On-site guidance systems
3.4 Station machinery
3.5 Line engineering
3.6 Devices peculiar to cableway rescue cars
Vehicles
4.1 Rolling stock
4.2 Cable connections
4.3 Passenger area
4.4 Connection between traction unit and passenger area
4.5 Braking system
Public facilities
5.1 Access and exit points (turnstiles)
5.2 Ticket machines, information
5.3 Emergency equipment
5.4 Alarm systems
Operation
6.1 Staff
6.2 Normal service
6.3 Service in exceptional circumstances
6.4 Incidents and accidents - rescue procedures
6.5 Maintenance, inspections and tests
 ---pagebreak---                                 - 31 -
                               ANNEX II
                        ESSENTIAL REQUIREMENTS
1. Purpose
   This Annex sets out the essential requirements applicable to the
   design, construction, bringing into service and operation of
   cableway installations designed to carry passengers, as referred to
   in this Directive.
2. General requirements
   2.1 Safety of persons
       The safety of passengers, workers and third parties is an
       essential requirement for the design, construction and
       operation of cableway transport installations.
   2.2 Principles of integrated safety
       All cableway transport installations must be designed,
       constructed and operated in accordance with the following
       principles, which are to be applied in the order given:
            eliminate or, if this is not possible, reduce hazards as
            far as possible by means of design and construction
            features which prevent them from occurring;
            define and implement all necessary measures to protect
            against hazards which cannot be eliminated by the design
            and construction features;
            inform the persons concerned about the precautions which
            should be taken to avoid the hazards which it has not been
            possible to eliminate completely by means of the above
            provisions and measures.
   2.3 Consideration of external factors
       All cable transport installations must be designed, constructed
       and operated in such a way as to take into account, in addition
       to the category and type of installation, the nature and
       physical features of the terrain on which it is installed, the
       natural environmental risks and the proximity of other
        infrastructures. No authorization may be granted for
        installations likely to have a significant impact on areas with
        a sensitive environment, such as special protection areas
        designated in accordance with Community legislation, until
        after an assessment has been made, as provided for by
       Directive 85/337/EEC.
 ---pagebreak---                               - 32 -
2.4 Dimensions
2.4.1    The installation and all of its components must be
         dimensioned, designed and constructed to withstand with a
         sufficient degree of safety all stresses encountered under
         normally foreseeable operating conditions, including
         outside influences, dynamic effects and fatigue phenomena,
         while complying with the acknowledged rules of the art, in
         particular with regard to the choice of materials.
2.4.2    The installation must also withstand, without serious
         damage to persons or property, all stresses resulting from
         normally foreseeable natural phenomena which occur when it
         is not in operation.
2.5 Assembly
2.5.1    The components and installation must be designed and
         constructed in such a way as to ensure that they can be
         safely assembled and put into place using appropriate
         methods of handling and lifting.
2.5.2    Mistakes in the assembly or replacement of certain
         components which might be the cause of risks must be
         rendered impossible by the design of the components
         concerned or, failing this, by means of information given
         on the components themselves.
 2.6 Integrity of the installation
 2.6.1   The safety components must be designed, constructed and
         used in such a way as to ensure that, in every case, their
          own operational integrity and/or safety is guaranteed, as
          defined in the safety analysis in Annex III, with an
          adequate margin so that their failure is highly improbable.
 2.6.2    The installation must be designed, constructed and operated
          in such a way as to ensure that any failure of a component
          which might affect safety, even indirectly, is met by an
          appropriate technical measure being taken in good time.
 2.6.3    The guarantees referred to in the preceding two paragraphs
          must apply throughout the period between two scheduled
          inspections of the component concerned.
 2.6.4    Measures must be taken to prevent any fire in the
          installation or its surroundings from jeopardizing the
          safety of persons.
 2.6.5    Special measures must be taken to protect installations and
          persons from the effects of lightning.
 ---pagebreak---                                  - 33 -
   2.6.6    The installation must be designed and constructed in such a
            way as to ensure that any internal or external nuisance
            resulting from noise emissions or vibrations falls within
            the prescribed limits.
   2.7 Safety devices
   2.7.1    Any defect in the installation which could result in a
            failure endangering safety must be detected and reported,
            save where impossible. The same applies to any normally
            foreseeable external event which may endanger safety.
   2.7.2    Any defect or external event thus detected must be
            processed by a safety device whose function is either to
            cause the installation to be shut down automatically within
            a prescribed period or immediately to warn the staff of the
             installation by triggering an appropriate alarm.
   2.7.3    After the installation has been shut down by a safety
            device, it must not be possible to restart it unless
            appropriate action has been taken.
    2.8 Maintenance
   The installation must be designed and constructed so as to enable
   ordinary or special maintenance and repair operations and
   procedures to be carried out safely.
3.  Infrastructure requirements
    3.1 Location and gauge
    3.1.1    The installation must be designed to operate safely taking
             into account the characteristics of the terrain and
             environment, atmospheric and meteorological conditions,
             obstacles and other structures located in the vicinity
             either on the ground or in the air in such a way as to
             cause no nuisance or pose no danger under any operational
             or maintenance conditions or in the event of an operation
             to rescue passengers.
    3.1.2    Sufficient distance must be maintained laterally and
             vertically between vehicles, towing devices, tracks,
             cables, etc., and possible obstacles, taking account of the
             vertical, longitudinal and lateral movement of the cables
             and vehicles or of the towing devices under the most
             adverse operating conditions.
 ---pagebreak---                                 - 34 -
   3.2 Cables and fittings
   3.2.1   All measures must be taken to prevent the risks of cables
           breaking, to guarantee their maximum stress values, to
           ensure that they are safely mounted on their supports, to
           enable them to be monitored and to prevent their
           derailment.
   3.2.2   If it is not possible to prevent all risk of derailment of
           the traction cable, measures must be taken to ensure that
           cables can be retrieved and the installation shut down
           without injury to persons.
   3.3 Stations and structures along the line
   3.3.1   Stations and structures along the line must be designed,
           installed and equipped so as to ensure stability, to permit
           safe guidance of the cables and the vehicles and to be
           capable of being maintained safely whatever the operating
           conditions.
   3.3.2   Stations must be designed so as to guarantee the safety of
           the traffic. The movement of vehicles and gear in the
           stations must be capable of taking place without risk to
           persons.
4. Requirements relating to mechanical, electrical and
   telecommunications installations
   4.1 Mechanical installations
   4.1.1   Drives
           A cableway transport installation must be actuated by means
           of an engine and a mechanism the performance and capability
           of which are adapted to the various operating systems and
           modes.
   4.1.2   Standby drive
           The installation must have a standby drive the energy
           source of which is independent of that of the main engine.
           This device is not, however, mandatory unless provided for
            in the safety analysis. This generally excludes drag lifts.
 ---pagebreak---                                 - 35 -
   4.1.3    Braking
   4.1.3.1 It must be possible to shut down the installation at any
            moment, should the need arise, under the most unfavourable
            conditions in terms of authorized load and pulley adhesion
            during operation. The stopping distance must be as short
            as the security of the installation dictates.
   4.1.3.2 Deceleration values must be within adequate limits fixed in
            such a way as to ensure both the safety and comfort of the
            passengers and the satisfactory behaviour of the vehicles,
            cables and other parts of the installation.
   4.1.3.3 In all installations except drag lifts, there must be two
            or more braking systems, each capable of bringing the
            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 must act directly on the driving pulley.
   4.1.3.4 The installation must be fitted with an effective clamp and
            locking mechanism to guard against premature restarts.
   4.2 Control devices
        The control devices must be designed and constructed so as to
        be safe and reliable, to withstand normal operating stresses
        and external factors such as humidity, temperature and
        electronic interference and so as not to cause dangerous
        situations, even in the event of operational error.
   4.3 Communication devices
        Suitable facilities must be provided to enable operational
        staff to communicate with one another at all times.
5. Vehicles
    5.1 Vehicles must be designed and fitted out in such a way that
        under normally foreseeable operating conditions passengers
        cannot fall out of them and do not encounter any risks.
 ---pagebreak---                              - 36 -
5.2 Vehicle fittings must be designed and constructed so as not to
    damage the cable or slip under the most unfavourable operating
    conditions.
5.3 It must be possible for the doors of closed vehicles (cars,
    cabins, wagons) to be closed and locked during transport. The
    vehicle floor and walls must be designed and constructed so as
    to withstand pressure exerted by passengers under any
    circumstances.
5.4 The maximum height of vehicles above ground must take account
    of the nature of the installation, the types of vehicle and the
    rescue procedures.
5.5 The maximum speed of the vehicles or trailers, their minimum
    separation distance and their acceleration and braking
    performance must be selected in such a way as to ensure the
    safety of persons and the proper functioning of the
    installation.
5.6 If for reasons of operational safety an operator is required on
    board the vehicle, the vehicle must be fitted with the
    equipment required for him to carry out his tasks.
5.7 Vehicles and, in particular, their suspension mechanisms must
    be designed and fitted so as to ensure the safety of workers
    servicing them in accordance with appropriate safety rules and
    instructions.
5.8 In the case of vehicles equipped with disconnectable fittings,
    all necessary measures must be taken to bring to a halt at the
    moment of departure, and without causing injury to passengers,
    any vehicle whose fitting has been incorrectly connected to the
    cable. Similarly, it must be possible to halt a vehicle at the
    moment of arrival if the vehicle fitting has not been
    disconnected.
 ---pagebreak---                                  - 37 -
6. Equipment for the public
   6.1 Access to stations, traffic control, parking and the
        embarkation and disembarkation of passengers must be organized
        in such a way as to ensure the safety of persons including,
        where necessary, persons who are not fully mobile.
   6.2 Protective devices must be fitted to embarkation and
        disembarkation platforms and to terminal buildings, if there is
        any risk of falling from heights.
   6.3 Public facilities, such as installation access and exit points,
        turnstiles, ticket machines, etc., must be designed in such a
        way as not to endanger the safety of persons. They must also
        be designed with the object of ensuring easy access for
        children.
7. Operation
   7.1 Operational safety
   7.1.1    All necessary measures must be taken to ensure that the
            installation is used for its intended purpose according to
            its technical specifications and to the specified operating
            conditions and that the instructions on servicing,
            continuous or regular monitoring, inspections, adjustment,
            maintenance, operation and safety are complied with.
    7.1.2   Operation of the installation must be entrusted to persons
            acknowledged to have the requisite skills and they must be
            given the material resources they require to carry out
            their tasks satisfactorily.
    7.1.3   All parts of the installation, particularly those to which
            the public have access, must be kept in such a condition
            that they do not constitute a special danger to persons.
    7.2 Safety in the event of immobilization of the installation
    7.2.1    In the event of immobilization of the installation, and
            where it cannot be quickly restarted, arrangements must be
            made to return passengers to safety within a reasonably
             short time depending on the type of equipment and the
            environment, irrespective of the point of immobilization
             and without compromising their safety or that of the other
             persons involved.
    7.2.2    Under these circumstances, it must be possible to return
             vehicles to the station immediately in accordance with
             prior arrangements and while ensuring safety by means of
             appropriate precautions.
            •Procedures must be provided to ensure that passengers are
             notified of the situation as quickly as possible.
 ---pagebreak---                              - 38 -
7.2.3   An evacuation plan must be established. It must be followed
        if passengers have to leave vehicles in the course of a
        journey. They must be evacuated using the necessary
        resources, taking account of the nature of the installation
        and its environment. These resources must be available as
        rapidly as possible during operation of the installation.
        They must guarantee the safety of passengers, even those
        who are not in a position actively to participate in
        evacuation operations.
7.3 Other special provisions concerning safety
7.3.1   Operators' stands and workplaces
        Movable parts which are normally accessible in the stations
        must be designed, constructed and used in such a way as to
        avoid any risks or, where such risks exist, be fitted with
        protective devices so as to prevent any risk of contact
        which may cause accidents. These devices must be of a type
        that cannot easily be concealed or rendered inoperative.
7.3.2   Risk of falling
        Workplaces and working areas, including those used only
        occasionally, and access to them must be designed and
         fitted out in such a way as to prevent persons required to
        work or move in them from falling. Should this not
         suffice, they must also be provided with anchorage points
         for personal protective equipment to prevent falls.
 ---pagebreak---                                  - 39 -
                               ANNEX III
                            SAFETY ANALYSIS
The safety analysis required for every cableway installation designed
to carry passengers is conducted, for each mode of operation envisaged,
in accordance with a recognized method, taking into account the current
state of the art and the complexity of the installation in question.
The aim is to ensure that the design and architecture of the proposed
installation, having regard to the environment in which it is located,
should be such as to guarantee satisfactory safety conditions, even in
the most adverse situations.
The analysis is concerned, in particular, with the safety devices and
the systems which they trigger off. These devices and systems must
either be intrinsically safe (failsafe) or must be such that the
probability of their failure can be evaluated or, alternatively, their
level of reliability can be assessed. 'Intrinsically safe' means that
the sole effect of any defect or failure involving any circuit or
component in the device must be to maintain the system in a safe state.
The safety analysis is used as the basis for drawing up the inventory
of risks and for determining the list of components referred to in
Article 4, where the failure of such components poses a risk to the
safety of persons. This analysis must be attached to the tender
documents.
 ---pagebreak---                                 - 40 -
                               ANNEX IV
                              COMPONENTS
                     EC DECLARATION OF CONFORMITY
This Annex applies to the components referred to in Article 4(2) of the
Directive with a view to establishing their compliance with the
essential requirements referred to in Article 3(1) of the Directive and
defined in Annex 2 relating thereto.
The EC declaration of conformity and the accompanying documents must be
dated and signed. It must be drawn up in the same language as the
instruction manual.
The declaration must contain the following particulars:
    the references of the Directive;
    name, business name and full address of the manufacturer or his
    authorized representative established in the Community; authorized
    representatives must also give the business name of the
    manufacturer or designer;
    description of the component (make, type, etc.);
    details of the conformity declaration procedure used (Article 7 ) ;
    relevant descriptions of the component, and in particular the
    conditions of use;
    the name and address of the notified body (or bodies) involved in
    the conformity procedure and the date of the examination
    certificate with details, where appropriate, of the duration and
    conditions of validity of the certificate;
    where appropriate, the reference of the European specifications;
    identification of the person empowered to sign on behalf of the
    manufacturer or his authorized representative established in the
    Community.
 ---pagebreak---                                 - 41 -
                               ANNEX V
                             COMPONENTS
                      ASSESSMENT OF CONFORMITY
1. Scope
   This Annex applies to the components referred to in Article 4 of
   the Directive with a view to checking compliance with the essential
   requirements referred to in Article 3 and defined in Annex II
   relating thereto. It is concerned with the role of the notified
   bodies in assessing the intrinsic conformity of a component,
   considered in isolation, with the prescribed technical
   specifications.
2. Procedures
   The assessment procedures implemented by the notified bodies both
   at the design stage and the production stage are based on the
   modules defined in Council Decision 90/683/EEC of
   13 December 1990* along the lines indicated in the following
   table.
   The solutions shown in this table are considered to be equivalent
   and can be used at the manufacturer's discretion.
   OJ No L 380, 31.12.1990
 ---pagebreak---                                                     - 42 -
                                   ASSESSMENT OF THE CONFORMITY
                       OF THE COMPONENTS REFERRED TO IN ARTICLE 4
          DESIGN                                                   PRODUCTION
      [1] EC type-examination                             ll»*-]       Production quality
                    MODULE B                                           assurance
                                                                       MODULE D
                                                          [l.b]        Product verification
                                                                       MODULE F
      [2] Full quality assurance                          (2]          Full quality assurance
                    MODULE H*                                          MODULE H*
      [3] Unit verification                               [3]          Unit verification
                    MODULE G                                           MODULE G
mi II   "  •—' .'••••- i «ssssss^msBsaBsaasaBsaÊBixmJLmmssssssacr-            . . ,. n    .    , _
      Module H is used taking into account the supplementary conditions
      provided for pending possible additions, specific to cableway
      installations, to the pertinent EN 29000 series standards
.                                         ^                                               ________
 ---pagebreak---                                     - 43 -
                                   MODULE B
                             EC type-examination
1.    This module describes that part of the procedure by which a
      notified body ascertains and attests that a specimen,
      representative of the production envisaged, meets the provisions of
      the Directive that apply to it.
2.    The application for the EC type-examination shall be lodged by the
      manufacturer or his authorized representative established within
      the Community with a notified body of his choice.
      The application shall include:
           the name and address of the manufacturer and, if the
           application is lodged by the authorized representative, his
           name and address in addition,
           a written declaration that the same application has not been
           lodged with any other notified body,
           the technical documentation, as described in point 3.
      The applicant shall place at the disposal of the notified body a
      specimen, representative of the production envisaged and
      hereinafter called "type"(*) . The notified body may request
      further specimens if needed for carrying out the test programme.
3.    The technical documentation shall enable the conformity of the
      component with the requirements of the Directive to be assessed. It
      shall, as far as relevant for such assessment, cover the design,
      manufacture and operation of the component.(**)
 (*) A type may cover several versions of the component provided that
      the differences between the versions do not affect the level of
       safety and the other requirements concerning the performance of the
       component.
 (**)      The documentation shall contain as far as is relevant for
           assessment:
           -   a general type-description,
           -   conceptual design and manufacturing drawings and diagrams
               of components, sub-assemblies, circuits, etc.,
               the    descriptions    and   explanations   necessary    for
               understanding these drawings and diagrams and the operation
               of the product,
               a list of the European specifications referred to in
               Article 3, applied in full or in part, and descriptions of
               the solutions adopted to meet the essential requirements of
               the Directive where the standards referred to in Article 3
               have not been applied,
               the results of design calculations and tests carried out,
               etc.,
               the test reports.
 ---pagebreak---                                 - 44 -
4. The notified body shall:
   4.1 examine the technical documentation, verify that the type has
        been manufactured in conformity with the technical
        documentation and identify the elements which have been
        designed in accordance with the relevant provisions of the
        European specifications referred to in Article 3 as well as the
        components which have been designed without applying the
        relevant provisions of those European specifications;
   4.2 perform or have performed the appropriate examination and
        necessary tests to check whether, where the manufacturer has
        chosen to apply the relevant European specifications, these
        have actually been applied;
   4.3 agree with the applicant the location where the examinations
        and necessary tests shall be carried out.
5. Where the type meets the provisions of the Directive, the notified
   body shall issue an EC type-examination certificate to the
   applicant. The certificate shall contain the name and address of
   the manufacturer, conclusions of the examination, conditions for
   its validity and the necessary data for identification of the
   approved type.
   A list of the relevant parts of the technical documentation shall
   be annexed to the certificate and a copy kept by the notified body.
   If the manufacturer is denied a type certification, the notified
   body shall provide detailed reasons for such denial.
   Provision shall be made for an appeals procedure.
6. The applicant shall inform the notified body that holds the
   technical documentation concerning the EC type-examination
   certificate of all modifications to the approved component which
   must receive additional approval where such changes may affect the
   conformity with the essential requirements of the prescribed
   conditions for use of the component. This additional approval is
   given in the form of an addition to the original EC type-
   examination certificate.
7. Each notified body shall communicate to the other notified bodies
   the relevant information concerning the EC type-examination
    certificates and additions issued and withdrawn.
8. The other notified bodies may receive copies of the EC type-
   examination certificates and/or their additions. The annexes to
    the certificates shall be kept at the disposal of the other
    notified bodies.
 ---pagebreak---                                 - 45 -
9. The manufacturer or his authorized representative shall keep with
   the technical documentation copies of EC type-examination
   certificates and their additions for a period ending at least 10
   years after the last component has been manufactured.
   Where neither the manufacturer nor his authorized representative is
   established within the Community, the obligation to keep the
   technical documentation available shall be the responsibility of
   the person who places the component on the Community market.
 ---pagebreak---                                 - 46 -
                               MODULE D
                     Production quality assurance
1. This module describes the procedure whereby the manufacturer who
   satisfies the obligations of point 2 ensures and declares that the
   components concerned are in conformity with the type as described
   in the EC type-examination certificate and satisfy the requirements
   of the Directive that apply to them. The manufacturer shall draw
   up a written declaration of conformity.
2. The manufacturer shall operate an approved quality system for
   production, final component inspection and testing as specified in
   paragraph 3 and shall be subject to monitoring as specified in
   point 4.
3. Quality system
   3.1 The manufacturer shall lodge an application for assessment of
       his quality system with a notified body of his choice, for the
       components concerned.
       The application shall include:
            all relevant information for the category of components
            envisaged;
            the documentation concerning the quality system;
            if applicable, the technical documentation of the approved
            type and a copy of the EC type-examination certificate.
   3.2 The quality system shall ensure compliance of the components
       with the type described in the EC type-examination certificate
       and with the requirements of the Directive that apply to them.
       All the elements, requirements and provisions adopted by the
       manufacturer shall be documented in a systematic and orderly
       manner in the form of written policies, procedures and
       instructions. The quality system documentation must permit a
       consistent interpretation of the quality programmes, plan,
       manuals and records.
       It shall contain in particular an adequate description of:
       -    the quality objectives and the organizational structure,
            the responsibilities and powers of the management with
            regard to component quality;
 ---pagebreak---                                  - 47 -
            the manufacturing, quality control and quality assurance
            techniques, processes and systematic actions that will be
            used;
            the examinations and tests that will be carried out before,
            during and after manufacture, and the frequency with which
            they will be carried out;
            the quality records, such as inspection reports and test
            data, calibration data, qualification reports of the
            personnel concerned, etc.;
            the means to monitor the achievement of the required
            component quality and the effective operation of the
            quality system.
    3.3 The notified body shall assess the quality system to determine
        whether it satisfies the requirements referred to in point 3.2.
        It shall presume conformity with these requirements in respect
        of quality systems that implement the relevant harmonized
        standard^*).
        The auditing team shall have at least one member with
        experience of evaluation of the component technology concerned.
        The evaluation procedure shall include an inspection visit to
        the manufacturer's premises.
        The decision shall be notified to the manufacturer. The
        notification shall contain the conclusions of the examination
        and the reasoned assessment decision.
    3.4 The manufacturer shall undertake to fulfil the obligations
        arising out of the quality system as approved and to uphold it
        so that it remains adequate and efficient.
        The manufacturer or his authorized representative shall keep
        the notified body that has approved the quality system informed
        of any intended updating of the quality system.
        The notified body shall evaluate the modifications proposed and
        decide whether the amended quality system will still satisfy
        the requirements referred to in paragraph 3.2 or whether a
        re-assessment is required.
        It shall notify its decision to the manufacturer. The
        notification shall contain the conclusions of the examination
        and the reasoned assessment decision.
(*) This harmonized standard will be EN 29 002, supplemented, if
    necessary, to take into account the specific nature of the
    components for which it is implemented.
 ---pagebreak---                                   - 48 -
4.  Surveillance under the responsibility of the notified body
    4.1 The purpose of surveillance is to make sure that the
         manufacturer duly fulfils the obligations arising out of the
         approved quality system.
    4.2 The manufacturer shall allow the notified body entrance for
         inspection purposes to the locations of manufacture,
         inspection, testing and storage, and shall provide it with all
         necessary information, in particular:
              the quality system documentation;
              the quality records, such as inspection reports and test
              data, calibration data, qualification reports of the
              personnel concerned, etc.
    4.3 The notified body shall periodically carry out audits to make
         sure that the manufacturer maintains and applies the quality
         system and shall provide an audit report to the manufacturer.
    4.4 Additionally the notified body may pay unexpected visits to
         the manufacturer. During such visits the notified body may
         carry out, or cause to be carried out, tests to verify that the
         quality system is functioning correctly, if necessary. The
         notified body shall provide the manufacturer with a visit
         report and, if a test has taken place, with a test report.
 5. The manufacturer shall, for a period ending at least 10 years after
    the last component has been manufactured, keep at the disposal of
    the national authorities :
         the documentation referred to in the second indent of the
          second paragraph of point 3.1.;
     -    the updating referred to in the second paragraph of point 3.4.;
         the decisions and reports from the notified body which are
         referred to in the final paragraph of point 3.4 and in points
         4.3 and 4.4.
 6.  Each notified body shall give the other notified bodies the
     relevant information concerning the quality system approvals issued
     and withdrawn.
 ---pagebreak---                                   - 49 -
                                 MODULE F
                           Product verification
 1.  This module describes the procedure whereby a manufacturer or his
     authorized representative established within the Community checks
     and attests that the components subject to the provisions of point
     3 are in conformity with the type described in the EC type-
     examination certificate and satisfy the requirements of the
     Directive that apply to them.
 2.  The manufacturer shall take all measures necessary in order that
     the manufacturing process ensures conformity of the components with
     the type described in the EC type-examination certificate and with
     the requirements of the Directive that apply to them. He shall
     draw up a declaration of conformity.
3a)  The notified body shall carry out or have carried out the
     appropriate examinations and tests in order to check the conformity
     of the components with the requirements of the Directive either by
     examination and testing of every component as specified in point 4
     or by examination and testing of components on a statistical basis,
     as specified in point 5, at the choice of the manufacturer.
 3b) The manufacturer or his authorized representative shall keep a
     copy of the declaration of conformity for a period ending at
     least 10 years after the last component has been manufactured.
 4.  Verification by examination and testing of every component
     4.1.    All components shall be individually examined and
             appropriate tests as set out in the relevant European
             specification(s) referred to in Article 3 shall be carried
             out in order to verify their conformity with the type
             described in the EC-type examination certificate and the
             requirements of the Directive that apply to them.
     4.2.    The notified body shall affix or cause to be affixed, its
              identification symbol to each approved component and draw
             up a written certificate of conformity relating to the
             tests carried out.
      4.3.   The manufacturer or his authorized representative shall
             ensure that he is able to supply the notified body's
             certificates of conformity on request.
 ---pagebreak---                                - 50 -
5. Statistical verification
   5.1.    The manufacturer shall present his components in the form
           of homogeneous batches and shall take all measures
           necessary in order that the manufacturing process ensures
           the homogeneity of each batch produced.
   5.2.    All components shall be available for verification in the
           form of homogeneous batches. A random sample shall be
           drawn from each batch. Components in a sample shall be
           individually examined and appropriate tests as set out in
           the relevant European specification(s) referred to in
           Article 3 shall be carried out to ensure their conformity
           with the requirements of the Directive which apply to them
           and to determine whether the batch is accepted or rejected.
   5.3.    The statistical procedure shall use the following elements:
           Relevant elements shall be defined in the European
           specifications such as, for example, the statistical method
           to be applied, the sampling plan with its operational
           characteristics, etc.
   5.4.    In the case of accepted batches, the notified body shall
           affix, or cause to be affixed, its identification symbol to
           each component and shall draw up a written certificate of
           conformity relating to the tests carried out. All
           components in the batch may be put on the market except
           those components from the sample which were found not to be
           in conformity.
           If a batch is rejected, the notified body or the competent
           authority shall take appropriate measures to prevent the
           placing on the market of that batch. In the event of
           frequent rejection of batches the notified body may suspend
           the statistical verification.
           The manufacturer may, under the responsibility of the
           notified body, affix the latter's identification symbol
           during the manufacturing process.
   5.5.    The manufacturer or his authorized representative shall
           ensure that he is able to supply the notified body's
           certificates of conformity on request.
 ---pagebreak---                                - 51 -
                              MODULE G
                          Unit verification
   This module describes the procedure whereby the manufacturer
   ensures and declares that the component concerned, which has been
   issued with the certificate referred to in point 2, conforms to the
   requirements of the Directive that apply to it. The manufacturer
   shall draw up a declaration of conformity.
2. The notified body shall examine the component and carry out the
   appropriate tests as set out in the relevant European
   specifications referred to in Article 3 to ensure its conformity
   with the relevant requirements of the Directive.
   The notified body shall affix, or cause to be affixed, its
   identification symbol on the approved component and shall draw up a
   certificate of conformity concerning the tests carried out.
3. The aim of the technical documentation is to enable conformity with
   the requirements of the Directive to be assessed and the design,
   manufacture and operation of the component to be understood.
   For the purposes of assessment, the documentation shall include the
   following :
       a general description of the type, or of the single component,
       design and manufacturing drawings as well as component, sub-
       assembly and circuit diagrams, etc.,
       the descriptions and explanations necessary for understanding
       these drawings and diagrams and the operation of the component,
       a list of the relevant European specifications referred to in
       Article 3,
       the results of the design calculations and tests carried out,
       etc.,
       the test reports.
 ---pagebreak---                                 - 52 -
                               MODULE H
                        Full quality assurance
1. This module describes the procedure whereby the manufacturer who
   satisfies the obligations of paragraph 2 ensures and declares that
   the components concerned satisfy the requirements of the Directive
   that apply to them. The manufacturer shall draw up a written
   declaration of conformity.
2. The manufacturer shall operate an approved quality system for
   design, manufacture and final component inspection and testing as
   specified in point 3 and shall be subject to surveillance as
   specified in point 4.
3. Quality system
   3.1 The manufacturer shall lodge an application for assessment of
       his quality system with a notified body.
       The application shall include:
           all relevant information for the category of component
           envisaged;
           the quality system's documentation;
   3.2 The quality system shall ensure compliance of the components
       with the requirements of the Directive that apply to them.
       All the elements, requirements and provisions adopted by the
       manufacturer shall be documented in a systematic and orderly
       manner in the form of written measures, procedures and
       instructions. This quality system documentation shall ensure
       common understanding of the quality policies and procedures
       such as quality programmes, plans, manuals and records.
       It shall contain in particular an adequate description of:
       -   the quality objectives and the organizational structure,
           responsibilities and powers of the management with regard
           to design and component quality;
           the technical design specifications, including European
           specifications, that will be applied,
       -   the design control and design verification techniques,
           processes and systematic actions that will be used when
           designing the components pertaining to the category of
           components covered;
 ---pagebreak---                                  - 53 -
            the corresponding manufacturing, quality control and
            quality assurance techniques, processes and systematic
            actions that will be used;
            the examinations and tests that will be carried out before,
            during and after manufacture, and the frequency with which
            they will be carried out,
            the quality records, such as inspection reports and test
            data, calibration data, qualification reports of the
            personnel concerned, etc.,
            the means to monitor the achievement of the required design
            and component quality and the effective operation of the
            quality system.
    3.3 The notified body shall assess the quality system to determine
        whether it satisfies the requirements referred to in point 3.2.
        It shall presume compliance with these requirements in respect
        of quality systems that implement the relevant harmonized
        standard.(*)
        The auditing team shall have at least one member experienced as
        an assessor of the technology concerned. The evaluation
        procedure shall include an assessment visit to the the
        manufacturer's premises.
        The decision shall be notified to the manufacturer. The
        notification shall contain the conclusions of the examination
        and the reasoned assessment decision.
    3.4 The manufacturer shall undertake to fulfil the obligations
        arising from the quality system approved and to uphold it so
        that it remains adequate and efficient.
        The manufacturer or his authorized representative shall keep
        the notified body that has approved the quality system informed
        of any intended updating of the quality system.
        The notified body shall evaluate the modifications proposed and
        decide whether the amended quality system will still satisfy
        the requirements referred to in paragraph 3.2 or whether a
        re-assessment is required.
        It shall notify its decision to the manufacturer. The
        notification shall contain the conclusions of the examination
        and the reasoned assessment decision.
(*) This harmonized standard shall be EN 29001, completed if necessary
    to take into consideration the specificity of the components for
    which it is implemented.
 ---pagebreak---                                  - 54 -
4. EC surveillance under the responsibility of the notified body
   4.1 The purpose of surveillance is to make sure that the
        manufacturer duly fulfils the obligations arising out of the
        approved quality system.
   4.2 The manufacturer shall allow the notified body entrance for
        inspection purposes to the locations of design, manufacture,
        inspection, testing and storage, and shall provide it with all
        necessary information, in particular:
             the quality system documentation;
             the quality records as foreseen by the design part of the
             quality system, such as results of analyses, calculations,
             tests, etc.;
             the quality records as foreseen by the manufacturing part
             of the quality system, such as inspection reports and test
             data, calibration data, qualification reports of the
             personnel concerned, etc.
   4.3 The notified body shall periodically carry out audits to ensure
        that the manufacturer maintains and applies the quality system
        and shall provide an audit report to the manufacturer.
    4.4 Additionally the notified body may pay unexpected visits to the
        manufacturer. At the time of such visits, the notified body
        may carry out tests or have them carried out in order to check
        the proper functioning of the quality system where necessary;
         it shall provide the manufacturer with a visit report and, if a
        test has been carried out, with a test report.
    The manufacturer shall, for a period ending at least 10 years after
    the last component has been manufactured, keep at the disposal of
    the national authorities :
        the documentation referred to in the second indent of the
         second subparagraph of point 3.1,
         the updating referred to in the second subparagraph of point
         3.4,
    -    the decisions and reports from the notified body which are
         referred to in the final subparagraph of point 3.4 and in
         points 4.3 and 4.4.
    Each notified body shall forward to the other notified bodies the
    relevant information concerning the quality system approvals issued
    and withdrawn.
 ---pagebreak---                                    - 55 -
7.  Possible supplementary requirements(*)
    Design examination
     7.1 The manufacturer shall lodge an application for examination of
         the design with a notified body.
     7.2 The application shall enable the design, manufacture and
         operation of the component to be understood, and shall enable
         conformity with the requirements of the Directive to be
          assessed.
          It shall include:
              the technical design specifications, including the
              technical specifications that have been applied;
              the necessary supporting evidence for their adequacy. This
              supporting evidence shall include the results of tests
              carried out by the appropriate laboratory of the
              manufacturer or on his behalf.
     7.3 The notified body shall examine the application and where the
          design meets the provisions of the Directive that apply to it,
          shall issue an EC design examination certificate to the
          applicant. The certificate shall contain the conclusions of
          the examination, conditions for its validity, the necessary
          data for identification of the approved design and, if
          relevant, a description of the component's functioning.
     7.4 The applicant shall keep the notified body that issued the EC
          design examination certificate informed of any modification to
          the approved design. Modifications %o the approved design must
          receive additional approval from the notified body that issued
          the EC design examination certificate where such changes may
          affect the conformity with the essential requirements of the
          Directive or the prescribed conditions for use of the
          component. This additional approval is given in the form of an
          addition to the original EC design examination certificate.
     7.5 The notified bodies shall forward to the other notified bodies
          the relevant information concerning:
          -    the EC design examination certificates and additions
              issued;
          -    the EC design approvals and additional approvals withdrawn.
 (*) Changes likely following the amendment of the pertinent EN 29 000
      standards, in order to take account of the specific nature of the
      cableway installations.
 ---pagebreak---                                 - 56 -
                               ANNEX VI
                             INSTALLATIONS
                     EC DECLARATION OF CONFORMITY
The EC declaration of conformity and the accompanying documents must be
dated and signed.
This declaration must be drawn up in the same language as the technical
file and should contain the following particulars:
    the references of the Directive;
    name and address of the contracting entity or its authorized
    representative established in the Community. (Give the business
    name and full address, in the case of the authorized
    representative, together with the business name of the contracting
    entity);
    description of the installation;
    name and address of the notified body involved in the EC
    verification procedure referred to in Article 11;
    references of the documents contained in the technical dossier;
    all pertinent provisions (transitional or final) with which the
    installation must specifically comply and, where appropriate, any
    operating restrictions or conditions;
    if transitional: period of validity of the EC declaration;
    identification of the signatory.
 ---pagebreak---                                  - 57 -
                               ANNEX VII
                             INSTALLATIONS
                            EC VERIFICATION
1. EC verification is the procedure whereby, at the request of the
   contracting party or its authorized representative, a notified body
   checks and attests that an installation is:
       completed;
       in conformity with the plan;
       in conformity with the provisions of the Directive;
       in conformity with other regulatory provisions which apply in
       compliance with the EC Treaty and that, in the opinion of the
       notified body, it is fit to be put into service.
2. The installation shall be checked at each of the following stages:
       overall design;
       construction, including in particular civil engineering work,
       assembly of the components, adjustments to the overall
       installation;
       acceptance trials.
3. The notified body responsible for EC verification shall draw up the
   certificate of conformity for the contracting entity or its
   authorized representative in the Community, which in turn shall
   draw up the EC declaration of conformity for the supervisory
   authority of the Member State in which the installation is located
   and/or operated.
4. The technical documentation accompanying the declaration of
   conformity shall comprise the following:
        for the infrastructures: civil engineering work plans, the
       documents approving the excavations and reinforcements, reports
       on the testing and inspection of concrete;
       for the other systems, general and detailed plans of the work
       done, electrical and hydraulic diagrams, control circuit
       diagrams, description of computer and automatic systems,
       operating and maintenance instructions, etc.;
        list of the components referred to in Article 4 and
        incorporated in the cableway installation;
 ---pagebreak---                                  - 58
        copies of the EC declarations of conformity required for these
        components in accordance with the provisions of Article 10 of
        the Directive, together, where necessary, with the
        corresponding calculations and a copy of the reports on the
        tests and examinations conducted by the notified bodies on the
        basis of the common technical specifications;
        a certificate from the notified body responsible for EC
        verification attesting that the plan is in conformity with the
        provisions of this Directive, together with the corresponding
        authenticated calculations indicating, where necessary, any
        reservations expressed during performance of the work which
        still stand, accompanied by the inspection and audit reports
        prepared in the course of its work as referred to in points 5.3
        and 5.4 below.
5
  * Surveillance
    5.1 The purpose of EC surveillance is to ensure that during
        construction of the installation the obligations arising from
        the technical documentation are fulfilled.
    5.2 The notified body responsible for inspecting construction shall
        have permanent access to the building site, to the production
        shops, to storage areas and, where necessary, to préfabrication
        areas, testing plants and more generally to any locations it
        feels it needs to visit in order to perform its task. The
        contracting entity or its authorized representative in the
        Community shall provide it with, or have it provided with, any
        documents required to this end, notably the plans and technical
        documentation relating to the installation.
    5.3 The notified body responsible for checking construction shall
        periodically carry out audits to ensure compliance with the
        provisions of the Directive. On each visit it shall provide an
        audit report to the site supervisor. It may ask to be invited
        to inspect certain stages of the work.
    5.4 In addition, the notified body may pay unscheduled visits to
        the site or the production shops. During such visits full or
        partial audits may be carried out by the notified body. The
        notified body shall draw up a report on the visit and, where
        necessary, shall submit an audit report to the site supervisor.
 ---pagebreak---                                - 59 -
6. The full set of documents listed in point 4 shall be provided as
   supporting documentation for the certificate of conformity issued
   by the notified body responsible for acceptance of the installation
   in working order to the contracting entity or its authorized
   representative in the Community. The documentation shall be
   attached to the EC declaration of conformity which the contracting
   entity submits to the supervisory authority in the Member State
   concerned.
   A copy of the documentation shall be kept by the contracting entity
   throughout the working life of the installation and shall be
   communicated to the other Member States on request.
7. Each notified body shall publish periodically the relevant
   information concerning:
   the applications for EC verification received;
   the certificates of conformity issued;
   the certificates of conformity refused.
8. Files and correspondence relating to the EC verification procedures
   shall be drawn up in an official language of the Member State in
   which the contracting entity or its authorized representative in
   the Community is established, or in a language acceptable to it.
 ---pagebreak---                                  - 60 -
                               ANNEX VIII
  MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE
                         NOTIFICATION OF BODIES
1.  The body, its director and the staff responsible for carrying out
    the verification operations shall not be the designer,
    manufacturer, maker, supplier or installer of the components or
    sub-systems which they inspect, nor the authorized representative
    of any of these parties. They shall not become involved, either
    directly or as authorized representatives, in the design,
    manufacture, construction, marketing, maintenance or operation of
    these components or sub-systems. This does not preclude the
    possibility of exchanges of technical information between the
    manufacturer or maker and the body.
2.  The body and its inspection staff shall carry out the verification
    operations with the highest degree of professional integrity and
    technical competence and shall be free from all pressures and
    inducements, particularly financial, which might influence their
    judgment or the results of the inspection, especially from persons
    or groups of persons with an interest in the result of the
    verifications.
3.  The body shall have at its disposal the necessary staff and possess
    the necessary facilities to enable it to perform properly the
    administrative and technical tasks connected with verification; it
    shall also have access to the equipment required for special
    verification.
4.  The staff responsible for inspection shall have:
    sound technical and professional training;
    satisfactory knowledge of the requirements of the tests they carry
    out and adequate experience of such tests;
    the ability to draw up the certificates, records and reports
    required to authenticate the performance of the tests.
5.  The impartiality of inspection staff shall be guaranteed. Their
    remuneration shall not depend on the number of tests carried out or
    on the results of such tests.
6.  The body shall take out civil liability insurance unless its
    liability is assumed by the State in accordance with national law,
    or the Member State itself is directly responsible for the
    inspections.
7.  The staff of the body shall be bound by professional secrecy
     (except vis^à-vis the competent administrative authorities of the
    State in which its activities are carried out) with regard to all
    information gained in carrying out its tasks under this Directive
    or any provision of national law giving effect to it.
 ---pagebreak---                                    -61 -
                            FINANCIAL STATEMENT
                     SECTION 1: FINANCIAL IMPLICATIONS
 1.  TITLE OF OPERATION
 Proposal for a European Parliament and Council Directive relating to
 cableway installations designed to carry passengers.
 2.  BUDGET HEADING INVOLVED
B5 - 3000 Completing the internal market.
 3. LEGAL BASIS
 Article 100a of the EC Treaty.
 4.  DESCRIPTION OF OPERATION
 4.1 Specific objectives of operation
     To remove barriers to the use and entry into service of cableway
     installations designed to carry passengers or to the opening-up of
     public contracts in this field, to provide passengers, workers and
     third parties with equivalent safety standards throughout Europe
     and to protect the environment.
 4.2 Duration
     The budget requested concerns expenditure from 1993 on. The measure
     itself is an ad hoc operation concerned with management of the
     internal market.
 ---pagebreak---                                    -42 -
4.3 Target population
     Manufacturers of cableway installations, subcontractors, operators
     and users of such installations and national and local authorities.
5. CLASSIFICATION OF EXPENDITURE OR REVENUE
5.1 Compulsory/Non-compulsory expenditure
     Non-compulsory
5.2 Differentiated/Non-differentiated appropriations
     Differentiated
5.3 Type of revenue involved
     No revenue
6.   TYPE OF EXPENDITURE OR REVENUE
 6.1 100% subsidy
     No
 6.2 Subsidy for joint financing with other sources in the public and/or
     private sector
     Yes
 6.3 Interest subsidy
      No
 6.4 Other
      None
 6.5 Should the operation prove an economic success, is there provision
      for all or part of the Community contribution to be reimbursed?
      No
 6.6 Will the proposed operation cause any change in the level of
      revenue? If so, what sort of change and what type of revenue is
      involved?
      No
 ---pagebreak---                                   -63 -
7.  FINANCIAL IMPACT
7.1 Method of calculating total cost of operation
Provision must be made in the budget for the resources required for the
establishment of 13 standards for fields not yet covered, i.e.
ECU 50 000 x 13 * ECU 650 000.
7.2 Itemized breakdown of cost
Breakdown            1994 budget        1995 Preliminary    Total
                                        Draft Budget
I. Standardization   ECU 250 000        ECU 400 000        ECU 650 000
7.3 Expenditure on studies, meetings of experts, etc. included in
     Part B
Item      Breakdown     1993 budget     1994 Preliminary  % variation
                                        Draft Budget
B5-3000 Study          ECU 25 000
          Total         ECU 25 000
8.  FRAUD PREVENTION MEASURES
Provisions on inspections and, where appropriate, audits are included
in the framework contract between the Commission and the CEN.
The Commission departments concerned verify the subsidies or receipt of
the services, preparatory studies, feasibility studies or assessments
ordered before payment, taking account of their contractual obligations
and the principles of economy and sound financial or general
management. Fraud prevention measures (inspections, reporting, etc.)
are included in all the agreements or contracts concluded between the
Commission and the parties which it pays.
 ---pagebreak---                                   -fe4 -
      SECTION 2: ADMINISTRATIVE EXPENDITURE (PART A OF THE BUDGET)
This section of the financial statement must be sent to DG IX for an
opinion. DG IX will then forward it to DG XIX.
1. Will the proposed operation involve an increase in the number of
    Commission staff? If so, how many?
    No
2.  Indicate the number of staff and amount of administrative
    expenditure involved in the proposed operation.
    Explain the method of calculation.
Item      Breakdown         1996         1997        1998 et seq.
                             ECU          ECU             ECU
A2510   Committee           85 000       85 000         85 000
A250    Coordination **     85 000       85 000         85 000
     12 government experts: ECU 7418 x 5 meetings - ECU 37 090
     12 private experts:    ECU 9420 x 5 meetings - ECU 47 100,
    Method of calculation: ECU 618 per government expert
                            ECU 785 per private expert.
**   Coordination of the notified bodies in accordance with the
     procedure provided for by Article 18.
 ---pagebreak---                                  -é5 -
           SECTION 3: ELEMENTS OF COST-EFFECTIVENESS ANALYSIS
1.  Objectives
    Specific objective(s) of proposed operation. Links with general
    objectives and the other operations proposed in the indicative
    financial programme.
    As part of the programme to complete the internal market and to
    improve the competitiveness of this branch of industry, for which
    no standards have yet been set, the objective is to prepare the
    harmonized standards needed to implement the Directive and comply
    with the essential requirements.
2.  Grounds for the operation - Subsidiarity and the need for Community
    measures
    At the moment there are no common rules on cableway installations
    designed to carry passengers.
    The objective of the operation proposed is to lay down the
    Community rules and harmonized standards required for the
    construction, putting into service and operation of cableway
    installations in the context of opening up the markets and
    promoting the competitiveness of the industry.
    The regulations currently in force make it impossible for
    manufacturers to operate effectively throughout the Community
    market. The differences between the existing national legislation
    both on components and on the systems as a whole and between their
    specific requirements force manufacturers to redefine their
    products for each market, thus militating against rationalization
    and economies of scale.
    Voluntary standardization by the parties concerned and mutual
    recognition of the national regulations cannot be contemplated. In
    practice, the lack of any common philosophy behind the regulations
    and of common criteria, without predefined essential requirements,
    preclude this.
    This situation hampers opening up of the market.
2.1 Cost
2.2 Spin-off effect (impact beyond the specific objective(s))
2.3 Multiplier effect (ability to mobilize other sources of finance)
3.  Monitoring and evaluation of the operation
    Not applicable
 ---pagebreak---                                  -66 -
4.  Coherence with financial programming
4.1 Is the operation incorporated in the DG's financial programming for
    the relevant years?
    Yes
4.2 To which broader objective defined in the DG's financial
    programming does the objective of the proposed operation
    correspond?
    - internal market
    - technical harmonization.
4.3 Main factors of uncertainty which could affect the specific results
    of the operation.
    Not applicable
 ---pagebreak---                         IMPACT ASSESSMENT FORM
                THE IMPACT OF THE PROPOSAL ON BUSINESS
     WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES
TITLE OF PROPOSAL
European Parliament and Council Directive relating to cableway
installations designed to carry passengers.
REFERENCE NUMBER:
THE PROPOSAL:
1.  Taking account of the principle of subsidiarity, why is Community
    legislation necessary in this area and what are its main aims?
    At the moment there are no common rules on cableway installations
    designed to carry passengers.
    The objective of the operation proposed is to lay down the
    Community rules and harmonized standards required for the
    construction, putting into service and operation of cableway
    installations in the context of opening up the markets and
    promoting the competitiveness of the industry.
    The regulations currently in force make it impossible for
    manufacturers to operate effectively throughout the Community
    market. The differences between the existing national legislation
    both on components and on the systems as a whole and between their
    specific requirements force manufacturers to redefine their
    products for each market, thus militating against rationalization
    and economies of scale.
 ---pagebreak---                                  -É8 -
    Voluntary standardization by the parties concerned and mutual
    recognition of the national regulations cannot be contemplated. In
    practice, the lack of any common philosophy behind the regulations
    and of common criteria, without predefined essential requirements,
    preclude this.
THE IMPACT ON BUSINESS
2.  Who will be affected by the proposal?
        Which sectors of business?
        Consultants, designers and constructors of the installations,
        subcontractors and operators.
        Which sizes of business?
        Most of the undertakings concerned are small businesses.
        Structure of the sector in Europe in 1990
                         Number of     Turnover       Jobs
                         companies      (million ECU)
        EC                   18        about 200      about 1500
        Austria                9        about 100     about 1000
        Switzerland            7        about 100     about 1000
        Are there particular geographical areas of the Community where
        these businesses are found?
        Most of the businesses manufacturing cableway installations are
        based in the Alps.
 ---pagebreak---                                                                   -« -
3.  What will business have to do to comply with the proposal?
    ^_____—___________^__»—____——____—«—™————————————————————————
    Producers will have to apply the statutory provisions, harmonized
     standards and conformity procedures.
    The contracting entities will have to award their contracts on the
    basis of the harmonized standards.
     Operators will have to comply with the statutory provisions,
     essential requirements and harmonized standards.
4.   What economic effects is the proposal likely to have?
              On investment and the creation of new businesses:
              The turnover of ski resorts is about ten times the amount
              generated by operation of the cableway installations which,
              therefore, are the mainstay of tourist activities at these
              resorts and, as such, rank as part of the services sector. The
              proposal will contribute to the development of such resorts.
              On employment:
              Technically, the cableway installations sector is one of the
              capital goods industries and is linked to construction and
               civil engineering activities. The proposal will have a
              beneficial impact on all these activities, particularly on
              employment.
              On the competitive position of businesses:
               Creation of a Community reference framework favouring economies
               of scale will make European industry more competitive, not only
               in the Community but also on international markets.
               This will also allow small firms which, for lack of resources
               are currently restricted to their national or local market, to
               compete throughout the Community market on an equal footing
              with the three or four major manufacturers.
 5.  Does the proposal contain measures to take account of the specific
      situation of small and medium-sized firms?
     Most undertakings in this sector are small firms.
 ---pagebreak---                                     }o
List the organizations which have been consulted abput the proposal
and outline their main views
The government experts from the Member States, who are also
involved in the CEN's standardization work, have expressed broad
agreement with the need for a directive and with the approach
chosen. In particular, they contributed to deciding the structure
of the directive and of the essential requirements and to choosing
the conformity assessment procedures.
The OITAF (International Organization for Transportation by Rope)
supported the principle of adoption of a directive.
The IARM (International Association of Ropeway Manufacturers)
stressed that the directive was in the interest of manufacturers,
whose activities are currently curbed by the compartmentalization
of the market due to the diverging legislation.
The FIANET (International Federation of Cableway Operators)
stressed that the directive will contribute to creating an open,
competitive market throughout the Community.
 ---pagebreak---                                          M
                                                                     ISSN 0254-1475
                                                              COM(93) 646 final
                                                      DOCUMENTS
EN                                                                          07 06
                                Catalogue number : CB-CO-93-694-EN-C
                                                             ISBN 92-77-62608-9
Office for Officiai Publications of the European Communities
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