Regulation (EU) 2016/424 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter

This Regulation lays down rules on the making available on the market and the free movement of subsystems and safety components for cableway installations. It also contains rules on the design, construction and entry into service of new cableway installations.

Article 2 U.K. Scope

1. 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.

2. This Regulation does not apply to the following:

(a) lifts covered by [F1 the Lifts Regulations 2016];

(b) cableway installations that are categorised [F2 by the Cableway Installations Regulations 2018] 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;

(c) installations intended for agricultural or forestry purposes;

(d) cableway installations for the service of mountain shelters and huts intended only for the transport of goods and specifically designated persons;

(e) on-site or mobile equipment exclusively designed for leisure and amusement purposes and not as a means for transporting persons;

(f) mining installations or other industrial on-site installations used for industrial activities;

(g) installations in which the users or their carriers are waterborne.

Textual Amendments

F1 Words in Art. 2(2)(a) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 13(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(2)(b) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 13(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Definitions

For the purposes of this Regulation the following definitions apply:

(1)

‘cableway installation’ means 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;

(2)

‘subsystem’ means a system listed in Annex I, or a combination thereof, intended to be incorporated into a cableway installation;

(3)

‘infrastructure’ means 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;

(4)

‘safety component’ means 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;

(5)

‘operability’ means all the technical provisions and measures which have an impact on design and construction and are necessary in order for the cableway installation to operate safely;

(6)

‘maintainability’ means all the technical provisions and measures which have an impact on design and construction and are necessary for maintenance, having been designed to ensure that the cableway installation operates safely;

(7)

‘cable car’ means a cableway installation where the carriers are suspended from and propelled by one or more cables;

(8)

‘drag lift’ means a cableway installation where passengers with appropriate equipment are towed along a prepared track;

(9)

‘funicular railway’ means a cableway installation in which the carriers are hauled by one or more ropes along a track that may lie on the ground or be supported by fixed structures;

(10)

‘making available on the market’ means any supply of a subsystem or a safety component for distribution or use on the F3 ... market in the course of a commercial activity, whether in return for payment or free of charge;

(11)

‘placing on the market’ means the first making available of a subsystem or a safety component on the F4 ... market;

(12)

‘entry into service’ means the initial operation of a cableway installation with the explicit object of transporting persons;

(13)

‘manufacturer’ means any natural or legal person who manufactures a subsystem or a safety component or who has such a subsystem or a safety component designed or manufactured, and markets that subsystem or safety component under his name or trade mark or incorporates it into a cableway installation;

(14)

‘authorised representative’ means any natural or legal person F5 ... who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;

(15)

‘importer’ means any natural or legal person [F6 established within the United Kingdom] who places a subsystem or a safety component from a third country on the [F7 market];

(16)

‘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;

(17)

‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor of a subsystem or a safety component;

(18)

‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a cableway installation, infrastructure, subsystem or safety component;

(19)

F8 ...

(20)

‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;

(21)

F9 ...

(22)

‘conformity assessment’ means the process demonstrating whether the essential requirements of this Regulation relating to a subsystem or safety component have been fulfilled;

(23)

‘conformity assessment body’ means a body that performs conformity assessment activities relating to a subsystem or safety component, including calibration, testing, certification and inspection;

(24)

‘recall’ means any measure aimed at achieving the return of a subsystem or a safety component that has already been made available to the person responsible for the cableway installation;

(25)

‘withdrawal’ means any measure aimed at preventing a subsystem or a safety component in the supply chain from being made available on the market;

(26)

F10 ...

(27)

F11 ...

(28)

[F12 ‘the EU Regulation’ means Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC as that Regulation has effect in EU law as amended from time to time;

(29)

‘the Executive’ means—

(a)

in Great Britain, the Health and Safety Executive,

(b)

in Northern Ireland, the Health and Safety Executive for Northern Ireland;

(30)

‘designated standard’ has the meaning given by article 3A;

(31)

‘RAMS’ means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;

(32)

‘UK marking’ means marking in the form published in accordance with Article 30(1) of RAMS.]

Textual Amendments

F3 Word in Art. 3(10) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Art. 3(11) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 3(14) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 3(15) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Art. 3(15) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 3(19) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(e); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 3(21) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(f); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 3(26) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(g); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 3(27) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(h); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 3(28)-(32) inserted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(i); 2020 c. 1, Sch. 5 para. 1(1)

[F13 Article 3A U.K. Designated Standards

1. For the purposes of this Regulation, a designated standard is a technical standard—

(a) which is adopted by the British Standards Institution [F14 or an international standardising body] for repeated or continuous application; and

(b) which has been designated by the Secretary of State by publishing its reference number in a manner the Secretary of State considers appropriate.

2. In this Article, a “technical standard” means a document that prescribes technical requirements to be fulfilled by a cableway installation, infrastructure, subsystem or safety component and which lays down one or more of the following—

(a) the characteristics required including—

(i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and

(ii) requirements applicable as regards the name under which a product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;

(b) production methods and processes where these have an effect on the characteristics of a product.

[F15 2A. Before publishing the reference number of a technical standard adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical standard is consistent with any standards adopted by international standardising bodies which the Secretary of State considers to be relevant.]

3. When considering whether the manner of publication of the reference number of a technical standard under paragraph 1(b) is appropriate, the Secretary of State must have regard to whether that manner will draw sufficient attention to the standard to all persons who may have an interest in it.

4. The Secretary of State may remove the reference number of a technical standard from publication and where such a reference number is removed, the technical standard is no longer a designated standard.

5. Harmonised standards, within the meaning of Article 3(19) of the EU Regulation, have effect as designated standards until the Secretary of State designates standards under this Regulation.

[F16 6. In this Article “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]]

Textual Amendments

F13 Art. 3A inserted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 15; 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 3A(1)(a) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 22(a); S.I. 2020/1662, reg. 2(ee)

F15 Art. 3A(2A) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 22(b); S.I. 2020/1662, reg. 2(ee)

F16 Art. 3A(6) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 22(c); S.I. 2020/1662, reg. 2(ee)

Article 4 U.K. Making available on the market of subsystems and safety components

Subsystems and safety components shall only be made available on the market if they comply with this Regulation.

[F17 Article 5 U.K. Presumption of conformity of cableway installations

Cableway installations which are in conformity with designated standards, or parts thereof, are presumed to be in conformity with the essential requirements set out in Annex 2 covered by those standards or parts thereof.]

Textual Amendments

F17 Art. 5 substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 16; 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Essential requirements

The cableway installations and their infrastructure, subsystems and safety components shall meet the essential requirements set out in Annex II which apply to them.

F18 Article 7 U.K. Free movement of subsystems and safety components

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Art. 7 omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 17; 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Safety analysis and safety report for planned cableway installations

1. The person responsible for the cableway installationF19 ... shall carry out a safety analysis of the planned cableway installation or have such a safety analysis carried out.

2. The safety analysis required for each cableway installation shall:

(a) take into account all modes of operation envisaged;

(b) follow a recognised or established method;

(c) take into account the current state of the art and the complexity of the cableway installation in question;

(d) ensure that the design and configuration of the cableway installation takes account of the local surroundings and the most adverse situations in order to ensure satisfactory safety conditions;

(e) cover all safety aspects of the cableway installation and its external factors in the context of the design, construction and entry into service;

(f) make it possible to identify from past experience risks liable to occur during the operation of the cableway installation.

3. The safety analysis shall also cover the safety devices and their effects on the cableway installation and related subsystems that they bring into action so that the safety devices:

(a) are capable of reacting to an initial breakdown or failure detected so as to remain either in a state that guarantees safety, in a lower operating mode or in a fail-safe state;

(b) are redundant and are monitored; or

(c) are such that the probability of their failure can be evaluated and their effects are of a standard equivalent to that achieved by safety devices that meet the criteria set out in points (a) and (b).

4. The safety analysis shall be used to draw up the inventory of risks and dangerous situations, to recommend the measures envisaged to deal with such risks and to determine the list of subsystems and safety components to be incorporated into the cableway installation.

5. The result of the safety analysis shall be included in a safety report.

Textual Amendments

F19 Words in Art. 8(1) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 18; 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Authorisation of cableway installations

F20 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The person responsible for the cableway installationF21 ... shall submit the safety report referred to in Article 8, the [F22 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 to the authority or body responsible for authorising 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.

3. In the event that important characteristics, subsystems or safety components of existing cableway installations undergo modifications for which a new authorisation for entry into service is required by the [F23 Secretary of State], such modifications and their repercussions on the cableway installation as a whole shall satisfy the essential requirements set out in Annex II.

F24 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Art. 9(1) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 19(a); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 9(2) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 19(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F22 Word in Art. 9(2) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 19(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 9(3) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 19(c); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 9(4) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 19(d); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 9(5) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 19(d); 2020 c. 1, Sch. 5 para. 1(1)

F26 Article 10 U.K. Operation of cableway installations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Art. 10 omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)