Guide to application of the Regulation (EU) 2016/424 on cableway installations

ID 15194 | 17.12.2021 

Edition 1.0 - December 2021

...

On 27 March 2014, the Commission presented a draft Proposal for a Regulation of the European Parliament and of the Council relating to cableway installations in order to replace Directive 2000/9/EC.

Regulation (EU) 2016/424, of the European Parliament and of the Council of 9 March 2016 on cableway installations (hereinafter “the Regulation”) was published in the Official Journal of the European Union of 31 March 2016 and entered into force on the 20th day following this publication, i.e. on 21 March 2016.

The Regulation is fully applicable since 21 April 2018, with the exception of Articles 22 to 38, on notification of conformity assessment bodies, and of Article 44, on Committee procedure, which apply since October 2016. In addition, Article 45(1) on penalties applies since 21 March 2018. The Regulation repeals Directive 2000/9/EC.

The Guide is intended to provide a reference source for both economic operators and the competent regulatory authorities but does not replace or amend the Regulation, which remains the sole binding legal instrument.

The information addressed to the 27 EU Member States in this Guide also applies to Iceland, Liechtenstein and Norway as signatories to the agreement on the European Economic Area (EEA). Other countries applying Regulation (EU) 2016/424 are Switzerland, Turkey and Andorra. The extension of the single market ensures that its member countries and their economic operators have the same rights and obligations as their EU counterparts.

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TABLE OF CONTENTS
1. FOREWORD 
2. OBJECTIVES OF THE REGULATION
3. PROVISIONS OF THE REGULATION
CHAPTER I
General provisions
Article 1 Subject matter
Article 2 Scope
Article 3 Definitions
Article 4 Making available on the market of subsystems and safety components
Article 5 Entry into service of cableway installations
Article 6 Essential requirements
Article 7 Free movement of subsystems and safety components
Article 8 Safety analysis and safety report for planned cableway installations
Article 9 Authorisation of cableway installations
Article 10 Operation of cableway installations
CHAPTER II
Obligations of economic operators
Article 11 Obligations of manufacturers
Article 12 Authorised representatives
Article 13 Obligations of importers
Article 14 Obligations of distributors
Article 15 Cases in which obligations of manufacturers apply to importers and distributors
Article 16 Identification of economic operators
CHAPTER III Conformity of subsystems and safety components
Article 17 Presumption of conformity of subsystems and safety components
Article 18 Conformity assessment procedures
Article 19 EU declaration of conformity
Article 20 General principles of the CE marking
Article 21 Rules and conditions for affixing the CE marking
CHAPTER IV Notification of conformity assessment bodies
Article 22 Notification
Article 23 Notifying authorities
Article 24 Requirements relating to notifying authorities
Article 25 Information obligation on notifying authorities
Article 26 Requirements relating to notified bodies
Article 27 Presumption of conformity of notified bodies
Article 28 Subsidiaries of and subcontracting by notified bodies
Article 29 Application for notification
Article 30 Notification procedure
Article 31 Identification numbers and lists of notified bodies
Article 32 Changes to notifications
Article 33 Challenge of the competence of notified bodies
Article 34 Operational obligations of notified bodies
Article 35 Appeal against decisions of notified bodies
Article 36 Information obligation on notified bodies
Article 37 Exchange of experience
Article 38 Coordination of notified bodies
Chapter V Union market surveillance, control of subsystems and safety components
Article 39 Union market surveillance and control of subsystems and safety components entering the Union market
Article 40 Procedure at national level for dealing with subsystems or safety components presenting a risk
Article 41 Union safeguard procedure
Article 42 Compliant subsystems or safety components which present a risk
Article 43 Formal non-compliance
Chapter VI Committee procedure, transitional and final provisions
Article 44 Committee procedure
Article 45 Penalties
Article 46 Transitional provisions
Article 47 Repeal
Article 48 Entry into force and application
4. ANNEXES
Annex I Subsystems
Annex II Essential requirements
Annex III Conformity assessment for subsystems and safety components: Module B: EU type examination– Production type
Annex IV Conformity assessment for subsystems and safety components: Module D: Conformity to type based on quality assurance of the production process
Annex V Conformity assessment for subsystems and safety components: Module F: Conformity to type based on subsystem or safety component verification
Annex VI Conformity assessment for subsystems and safety components: Module G: Conformity based on
Unit verification
Annex VII Conformity assessment for subsystems and safety components: Module H1: Conformity based on full quality assurance plus design examination
Annex VIII: Technical documentation for subsystems and safety components
Annex IX EU Declaration of conformity for subsystems and safety components

Fonte: EC

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