2014/0107(COD) | [ParlTrack]

Proposal for a regulation
Recital 8

(8) The scope of Directive 2000/9/EC should be maintained. This Regulation should apply to cableway installations designed to transport persons, typically used in high- altitude tourist resorts or in urban transport facilities. Cableway installations are mainly lift systems, such as funicular railways, aerial ropeways, cable cars, gondolas, chairlifts and drag lifts. Traction by cable and the passenger transport function are the essential criteria determining the cableway installations covered by this Regulation.

Amendment 143 #

Proposal for a regulation
Recital 8

(8) The scope of Directive 2000/9/EC should be maintained. This Regulation should apply to cableway installations designed to transport persons used in ~~high- altitude~~ tourist resorts or in urban transport facilities. Cableway installations are mainly lift systems, such as funicular railways, aerial ropeways, cable cars, gondolas, chairlifts ~~and drag lift~~, drag lifts and other installations for tourism or sport purposes. Traction by cable and the passenger transport function are the essential criteria determining the cableway installations covered by this Regulation.

Amendment 144 #

Proposal for a regulation
Recital 14 a (new)

(14a) The safety of cableway installations and their infrastructure, subsystems and safety components should be assessed taking into account all the relevant aspects, in particular their characteristics, composition, authenticity, materials, components, and presentation of the product and its packaging as well as the categories of consumers who are likely to use the products.

Amendment 145 #

Proposal for a regulation
Recital 14 b (new)

(14b) The precautionary principle, as laid down in Article 191(2) TFEU and outlined inter alia in the Commission Communication of 2 February 2000 on the precautionary principle, is a fundamental principle for the safety of products and for the safety of consumers and should be taken into due account when laying down the criteria for assessing the safety of cableway installations and their infrastructure, subsystems and safety components.

Amendment 146 #

Proposal for a regulation
Recital 15

(15) This Regulation does not affect the right of the Member States to specify the requirements they deem necessary as regards land-use, regional planning and in order to ensure the protection of the environment and of the health and safety of persons and in particular ~~worke~~construction workers and operators when using cableway installations.

Amendment 147 #

Proposal for a regulation
Recital 17

(17) This Regulation should take into account the fact that the safety of cableway installations depends equally on the surrounding conditions, on the quality of the industrial goods supplied and on the way in which they are assembled, installed on site and monitored during operation. The causes of serious accidents may be linked to the choice of site, to the system of transport itself, to the structures, or to the way in which the system is operated and maintained.(Linguistic amendment which does not affect the English version)

Amendment 148 #

Proposal for a regulation
Recital 19

(19) In the case of cableway installations, in some cases technological innovations can be verified and submitted to full-scale tests only on the occasion of the construction of a new cableway installation. In these circumstances, a procedure should be provided which, while ensuring that the essential requirements are complied with, also enables to take into account the particular conditions of a specific cableway installation.

Amendment 149 #

Proposal for a regulation
Recital 21

(21) Member States should lay down procedures for authorising the construction of planned cableway installations and the modification of such installations and for their entry into service in order to ensure that the cableway installation is safely constructed and assembled on site, in accordance with the safety analysis and the safety report and all relevant regulatory requirements. This Directive should not have an impact on Member States’ power to introduce or maintain provisions authorising the construction of planned cableway installations or the modification of such installations without obtaining any sort of administrative decision and exclusively by way of notification.

Amendment 150 #

Proposal for a regulation
Recital 33

(33) When placing on the market a subsystem or a safety component, every importer should indicate on the subsystem or safety component his name, registered trade name or registered trade mark and the postal address at which he can be contacted, as well as a website where available. Exceptions should be provided for in cases where the size or nature of the safety component does not allow it. This includes cases where the importer would have to open the packaging to put his name and address on the safety component. In such cases the information should be indicated on the packaging and in the instructions accompanying the safety component.

Amendment 151 #

Proposal for a regulation
Recital 43

(43) A check of compliance of subsystems and safety components with the essential requirements provided for in this Regulation is necessary in order to provide effective protection for construction workers, operators, users and third parties.

Amendment 152 #

Proposal for a regulation
Article 1 a (new)

Article 1a The provisions of this Regulation are based on the precautionary principle.

Amendment 153 #

Proposal for a regulation
Article 3 – point 4

4. "‘safety component"’ means any basic component, set of components, subassembly or complete assembly of equipment and any device intended to be incorporated in a subsystem ~~or a cableway installation~~ for the purpose of ensuring a safety function, the failure of which endangers the safety or health of persons, users, operating personnel or third parties;

Amendment 154 #

Proposal for a regulation
Article 3 – point 23 a (new)

(23a) 'EU declaration of conformity' means a document in which the manufacturer, or his authorised representative within the European Economic Area (EEA), indicates that the product meets all the necessary requirements laid down in this Regulation and any other applicable regulations or directives.

Amendment 155 #

Othmar KARAS

Proposal for a regulation
Article 6

The cableway installations approved after the entry into force of this Regulation and their infrastructure, subsystems and safety components shall satisfy the essential requirements applicable to them set out in Annex II.

Amendment 156 #

Proposal for a regulation
Article 8 – paragraph 1

1. All planned installations shall be subject to a safety analysis as defined in Annex III which shall cover all safety aspects of the cableway installation and its environment in the context of the design, construction and entry into service and shall make it possible to identify from past experience risks liable to occur during the operation of the cableway installationThe person responsible for the cableway installation, determined by a Member State in accordance with national law, shall carry out a safety analysis of the planned cableway installation or have such safety analysis carried out.

Amendment 157 #

Proposal for a regulation
Article 9 – paragraph 2

2. ~~Member States shall ensure that the safety analysis, the safety report~~The person responsible for the cableway installation, determined by a Member State in accordance with national law, shall submit the safety report, as referred to in Article 8, the EU declaration of conformity and the other documents relating to the conformity of subsystems and safety components as well as the documentation concerning the characteristics of the cableway installation ~~are submitted~~ to the authority or body responsible for approving the cableway installation. The documentation concerning the cableway installation shall also include the necessary conditions, including the restrictions on operation, and full details for servicing supervision, adjustment and maintenance of the cableway installation. A copy of those documents shall be kept at the cableway installation.

Amendment 158 #

Proposal for a regulation
Article 10 – paragraph 1

(1) Member States shall ensure that a cableway installation ~~remains in~~can be operat~~ion~~ed only if it complies with the conditions set out in the ~~safety report~~documentation detailed in Article 9(2).

Amendment 159 #

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2

~~When deemed appropriate with regard to th~~Proportionate to the possible risks presented by a subsystem or a safety component, manufacturers shall, to protect the health and safety of users, carry out sample testing of the subsystem or the safety component made available on the market, investigate, and, if necessary, keep a register of complaints of non-conforming subsystems or safety components and recalls of such subsystems or safety components, and shall keep distributors informed of any such monitoring.

Amendment 160 #

Proposal for a regulation
Article 11 – paragraph 6

(6) Manufacturers shall indicate on the subsystem or the safety component their name, registered trade name or registered trade mark and the postal address at which they can be contacted, as well as a website where available or, where that is not possible, on the packaging and in the instructions accompanying the safety component. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by users and the market surveillance authorities as determined by the Member State concerned.

Amendment 161 #

Othmar KARAS

Proposal for a regulation
Article 11 – paragraph 6

(6) Manufacturers shall indicate on the subsystem or the safety component their name, registered trade name or registered trade mark and the postal address at which they can be contacted or~~, where that is not possible,~~ on the packaging and in the instructions accompanying the safety component. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by users and market surveillance authorities as determined by the Member State concerned.

Amendment 162 #

Proposal for a regulation
Article 11 – paragraph 8

(8) Manufacturers who consider or have reason to believe that the a subsystem or a safety component which they have placed on the market is not in conformity with this Regulation shall immediately take the ~~necessary~~ corrective measures necessary to bring that subsystem or safety component into conformity, to withdraw it or recall it, if appropriate, and adequately and effectively warn consumers who are at risk caused by the non-conformity of the product. Furthermore, where the subsystem or the safety component presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the subsystem or the safety component available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

Amendment 163 #

Proposal for a regulation
Article 11 – paragraph 9

(9) ~~Manufacturers shall, further to a reasoned request from a competent national authority, provide it with~~In the case of components not available on the market on the basis of the provisions of the harmonised standards, manufacturers shall supply all the information and documentation necessary to demonstrate the conformity of the subsystem or the safety component with this Regulation, in a language which can be easily understood by thate competent national authority. That information and documentation may be provided in paper or electronic form. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the subsystems or safety components which they have placed on the market.

Amendment 164 #

Othmar KARAS

Proposal for a regulation
Article 11 – paragraph 9

(9) Manufacturers shall, further to a ~~reasoned~~ request from a competent national authority, where there is a justified assumption of a danger for human beings or for public or private assets, provide it with all the information and documentation necessary to demonstrate the conformity of the subsystem or the safety component with this Regulation, in a language which can be easily understood by that authority. That information and documentation may be provided in paper or electronic form. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the subsystems or safety components which they have placed on the market.

Amendment 165 #

Proposal for a regulation
Article 12 – paragraph 2 – point b

(b) further to a ~~reasoned~~ request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the subsystem or the safety component;

Amendment 166 #

Proposal for a regulation
Article 13 – paragraph 3

(3) Importers shall indicate their name, registered trade name or registered trade mark and the postal address at which they can be contacted, as well as a website where available, on the subsystem or the safety component or where that is not possible, on its packaging and in the instructions accompanying the safety component. The contact details shall be in a language easily understood by users and market surveillance authorities as determined by the Member State concerned.

Amendment 167 #

Proposal for a regulation
Article 13 – paragraph 6

(6) ~~When deemed appropriate with regard to th~~Proportionate to the possible risks presented by a subsystem or a safety component, importers shall, to protect the health and safety of the users, ~~upon a duly justified request of the competent authorities,~~ carry out sample testing of subsystems or safety components made available on the market, investigate, and, if necessary, keep a register of complaints of nonconforming subsystems or safety components and recalls of such subsystems or safety components, and shall keep distributors informed of any such monitoring.

Amendment 168 #

Virginie ROZIÈRE

Proposal for a regulation
Article 13 – paragraph 6

6. When deemed appropriate with regard to the risks presented by a subsystem or a safety component, importers shall, to protect the health and safety of the ~~users, upon a duly justified request of the competent authori~~passengers, operating personnel and third parties, carry out sample testing of subsystems or safety components made available on the market, investigate, and, if necessary, keep a register of complaints of nonconforming subsystems or safety components and recalls of such subsystems or safety components, and shall keep distributors informed of any such monitoring.

Amendment 169 #

Proposal for a regulation
Article 13 – paragraph 7

(7) Importers who consider or have reason to believe that a subsystem or a safety component which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that subsystem or safety component into conformity, to withdraw it or recall it, if appropriate and adequately and effectively warn consumers who are risk caused by the non-conformity of the product. Furthermore, where the subsystem or the safety component presents a risk, importers shall immediately inform the competent national authorities of the Member States in which they made the subsystem or the safety component available on the market to that effect, giving details, in particular, of the non- compliance and of any corrective measures taken.

Amendment 170 #

Proposal for a regulation
Article 13 – paragraph 9

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

Amendment 171 #

Proposal for a regulation
Article 14 – paragraph 4

(4) Distributors who consider or have reason to believe that a subsystem or a safety component which they have made available on the market is not in conformity with this Regulation shall make sure that the corrective measures necessary to bring that subsystem or safety component into conformity, to withdraw it or recall it, if appropriate, are taken, along with the measures to adequately and effectively warn consumers who are at risk caused by the non-conformity of the product. Furthermore, where the subsystem or the safety component presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the subsystem or the safety component available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

Amendment 172 #

Proposal for a regulation
Article 19 – paragraph 2

(2) The EU declaration of conformity shall have the model structure set out in Annex X and shall contain the elements specified in the relevant conformity assessment procedures set out in Annexes IV to VIII and shall be ~~continuously updated~~updated when the subsystem or safety component is placed on the market. It shall accompany the subsystem or the safety component and shall be translated into the language or languages required by the Member State in whose market the subsystem or the safety component is placed or made available on the market.

Amendment 173 #

Antonio LÓPEZ-ISTÚRIZ WHITE, Dita CHARANZOVÁ, Lucy ANDERSON, Ulrike TREBESIUS, Catherine STIHLER

Proposal for a regulation
Article 21 – paragraph 2

(2) The CE marking shall be affixed before the ~~subsystem or the~~ safety component is placed on the market.

Amendment 174 #

Proposal for a regulation
Article 35

~~Member Stat~~Notified bodies shall ensure that an appeal procedure against their decisions ~~of notified bodies~~ is available.

Amendment 175 #

Proposal for a regulation
Article 38 – paragraph 1

The Commission shall ensure that appropriate coordination and cooperation between bodies notified under this Regulation are put in place and properly operated in the form of ~~a sectoral group or~~the coordination groups of notified bodies for cableway installations.

Amendment 176 #

Proposal for a regulation
Article 38 – paragraph 2

~~Member States shall ensure that the bodies notified by them~~Notified bodies shall participate in the work of that ~~or those group or groups~~group, directly or by means of designated representatives.

Amendment 177 #

Proposal for a regulation
Article 38 a (new)

Article 38a Union safeguard procedure 1. Where, on completion of the procedure set out in Article 38b(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators. 2. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant subsystem or safety component is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw that measure. 3. Where the national measure is considered justified and the non- compliance of the subsystem or safety component is attributed to shortcomings in the harmonised standards referred to in point (b) of Article 38b(5) of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.

Amendment 178 #

Antonio LÓPEZ-ISTÚRIZ WHITE, Dita CHARANZOVÁ, Lucy ANDERSON, Ulrike TREBESIUS, Catherine STIHLER

Proposal for a regulation
Article 38 b (new)

Article 38b Compliant subsystems or safety components which present a risk to health or safety 1. Where, having carried out an evaluation under Article 38b(1), a Member State finds that although a subsystem or safety component is in compliance with this Regulation, it presents a risk to the health or safety of persons, it shall require the relevant economic operator to take all appropriate measures to ensure that the subsystem or safety component concerned, when placed on the market, no longer presents that risk, to withdraw the subsystem or safety component from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe. 2. The economic operator shall ensure that corrective action is taken in respect of all the subsystems or safety components concerned that he has made available on the market throughout the Union. 3. The Member State shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the subsystem or safety component concerned, the origin and the supply chain of the subsystem or safety component, the nature of the risk involved and the nature and duration of the national measures taken. 4. The Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measures taken. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not and, where necessary, propose appropriate measures. 5. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.

Amendment 179 #

Proposal for a regulation
Article 40 – paragraph 2

The penalties provided for shall be effective, proportionate and dissuasive. The penalties shall have regard to the seriousness, the duration and, where applicable, the intentional character of the infringement. In addition, the penalties shall have regard to whether the relevant economic operator has previously committed a similar infringement.

Amendment 180 #

Proposal for a regulation
Article 40 – paragraph 3

The Member States shall notify those provisions to the Commission by [3 months prior to the date referred to in Article 43(2)] and shall notify it without delay of any subsequent amendment affecting them. The Member States shall inform the Commission of the type and the size of the penalties imposed under this Regulation, identify the actual infringements of the Regulation and indicate the identity of economic operators on whom penalties have been imposed. The Commission shall make that information available to the public without undue delay, electronically and, where appropriate, by other means.

Amendment 181 #

Proposal for a regulation
Annex II – part 2 – point 2.6 – point 2.6.5

2.6.5. Measures shall be taken to ensure that the effects of a fire ~~in the cableway installation~~ do not endanger the safety of persons ~~being transported and workers~~.

Amendment 182 #