Legal act: 
Regulation (EU) 2016/424

Consolidated act:
31/03/2016

Scope

This Regulation applies to new cableway installations designed to transport persons, to modifications of cableway installations requiring a new authorisation, and to subsystems and safety components for cableway installations.

A cableway installation is a whole on-site system, consisting of infrastructure and subsystems, which is designed, constructed, assembled and put into service with the objective of transporting persons, where the traction is provided by cables positioned along the line of travel.

A subsystem is a system or a combination intended to be incorporated into a cableway installation.

A cableway installation is divided up into infrastructure and the subsystems listed below:

• 1. Cables and cable connections
• 2. Drives and brakes
• 3. Mechanical equipment:
• 3.1 Cable winding gear
• 3.2 Station machinery
• 3.3 Line engineering
• 4. Vehicles:
• 4.1 Cabins, seats or drag devices
• 4.2 Suspension gear
• 4.3 Driving gear
• 4.4 Connections to the cable
• 5. Electrotechnical devices:
• 5.1 Monitoring, control and safety devices
• 5.2 Communication and information equipment
• 5.3 Lightning protection equipment
• 6. Rescue equipment:
• 6.1 Fixed rescue equipment
• 6.2 Mobile rescue equipment

An infrastructure is a station structure or a structure along the line specifically designed for each cableway installation and constructed on-site, which takes into account the layout and the data of the system and which is needed for the construction and the operation of the cableway installation, including the foundations.

A safety component is any component of equipment or any device intended to be incorporated into a subsystem or a cableway installation for the purpose of ensuring a safety function, the failure of which endangers the safety or health of passengers, operating personnel or third parties.

This Regulation does not apply to the following:

1. lifts covered by Directive 2014/33/EU;
2. cableway installations that are categorised by Member States as historic, cultural or heritage installations, that entered into service before 1 January 1986 and that are still in operation, and that have not had any significant changes in design or construction, including subsystems and safety components specifically designed for them;
3. installations intended for agricultural or forestry purposes;
4. cableway installations for the service of mountain shelters and huts intended only for the transport of goods and specifically designated persons;
5. on-site or mobile equipment exclusively designed for leisure and amusement purposes and not as a means for transporting persons;
6. mining installations or other industrial on-site installations used for industrial activities;
7. installations in which the users or their carriers are waterborne.

Definitions

Making available on the market means any supply of a subsystem or a safety component for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.

Placing on the market means the first making available of a subsystem or a safety component on the Union market.

Entry into service means the initial operation of a cableway installation with the explicit object of transporting persons.

Importer means any natural or legal person established within the Union who places a subsystem or a safety component from a third country on the Union market.

Distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a subsystem or a safety component available on the market.

Withdrawal means any measure aimed at preventing a subsystem or a safety component in the supply chain from being made available on the market.

Article 19 - EU declaration of conformity

1. The EU declaration of conformity for a subsystem or a safety component shall state that the fulfilment of the essential requirements set out in Annex II has been demonstrated.
2. The EU declaration of conformity shall have the model structure set out in Annex IX, shall contain the elements specified in the relevant modules set out in Annexes III to VII and shall be continuously updated. It shall accompany the subsystem or the safety component and shall be translated into the language or languages required by the Member State in which the subsystem or the safety component is placed or made available on the market.
3. Where a subsystem or a safety component is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the Union acts concerned, including their publication references.
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the subsystem or the safety component with the requirements laid down in this Regulation.

Article 20 - General principles of the CE marking

The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Article 21 - Rules and conditions for affixing the CE marking

1. The CE marking shall be affixed visibly, legibly and indelibly to the subsystem or the safety component or to its data plate. Where that is not possible or not warranted on account of the nature of the subsystem or the safety component, it shall be affixed to the packaging and to the accompanying documents.
2. The CE marking shall be affixed before the subsystem or the safety component is placed on the market.
3. The CE marking shall be followed by the identification number of the notified body involved in the production control phase. The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or his authorised representative.
4. The CE marking and the identification number referred to in paragraph 3 may be followed by any other mark indicating a special risk or use.
5. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.

Application of the regulation

The Regulation applies from 21 April 2018, apart from certain articles dealing largely with notification bodies and procedures. These apply from 21 October 2016.