Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Equipment, Transport, Housing, Tourism and the Sea,
In view of Directive 2000 /9/EC of the European Parliament and of the Council of 20 March 2000 on cables carrying persons;
In view of Council Directive 93 /38/EEC of 14 June 1993 amending the coordination of procedures in the fields of water, energy, transport and transport Telecommunication;
Given the code of town planning, in particular Articles L. 445-1 to L. 445-4 and R. 445-1 to R. 445-16;
In the light of the law of 24 May 1941 on standardization, together Decree No. 84-74 of 26 January 1984, as amended by the Decree No. 90-653 of 18 January 1990, No. 91-283 of 19 March 1991 and No. 93-1235 of 15 November 1993 laying down the status of standardisation, adopted for its application;
In accordance with Law No. 82-1153 of 30 December 1982 on the orientation of inland transport, Amended, inter alia, by Act No. 2002-3 of 3 January 2002, in particular Articles 9, 13-1 and 13-2;
Having regard to Law No. 85-30 of 9 January 1985 on the development and protection of mountain areas, in particular Articles 43, 44, 45, 48 and 50 ;
Having regard to decree n ° 87-815 of 5 October 1987 on the technical and security control of the state on mechanical lifts;
Having regard to Decree No. 97-34 of 15 January 1997 concerning the deconcentration of individual administrative decisions ;
Having regard to Decree No. 97-1194 of 19 December 1997 adopted for the application to the Minister of the Economy, Finance and Industry of the 1 ° of Article 2 of Decree No. 97-34 of 15 January 1997 concerning the deconcentration of administrative decisions Individual;
Having regard to Decree No. 97-1198 of 19 December 1997 adopted for the application to the Minister of Equipment, Transport and Housing of 1 ° of Article 2 of Decree No. 97-34 of 15 January 1997 concerning the deconcentration of decisions Individual administrative matters;
In view of Decree No. 2000-810 of 24 August 2000 on the placing on the market of lifts;
In light of Decree No. 2003-425 of 9 May 2003 on the safety of guided public transport;
The Council of State (Public works section) heard;
The Council of Ministers heard,
Describes:
I. -Subject to the provisions of this Decree:
-transport facilities for persons by cable, by cable, by ski lift or by any other equipment using carrier cables or tractors;
-their listed subsystems In Annex I, and their security components.
II. -Excluded from the scope of this Order:
-elevators defined in the I of Article 1 of the Decree of 24 August 2000 referred to above;
-Tramways of traditional construction powered by cables;
-cables powered by cables ;
-installations used for agricultural or mining purposes;
-specific facilities for fairgrounds and amusement parks, intended for recreation and not used as a means of transport;
-railways at Rack-mold;
-installations used by chains;
-facilities used for industrial purposes that do not transport people.
This Order means:
- " Installation ", the complete mechanical upwelling system, including civil engineering, located on its site;
-" Constituting security ", any constituent, group of components, sub-assembly or complete set of equipment and any device incorporated into the facility for the purpose of ensuring security, and identified by the security analysis, including Failure poses a risk to the safety of individuals, be it users, operating personnel or third parties;
- " European specification ", a common technical specification, a European technical approval or a national standard transposing a European standard.
Facilities and their civil engineering, subsystems and safety components of an installation shall meet the essential requirements set out in Annex II
Essential requirements for installations built and their civil engineering, subsystems and safety components manufactured in accordance with common technical specifications or European technical approvals, including references Shall be published in the Official Journal of the European Union or in accordance with national standards transposing the harmonised European standards meeting the essential requirements laid down in Annex II and whose references are published in the Journal In
absence of harmonised European standards, national standards and the existing technical specifications, whose references are published in the Official Journal of the Republic, shall apply.
I. -Any project of installation shall be the subject of a safety analysis submitted by the owner, carried out in accordance with Annex III, taking into account all aspects relevant to the safety of the system and its environment within the framework The design, implementation and commissioning of the facility and to identify, on the basis of the experience acquired, the risks that may arise during its operation.
II. -A safety report is drawn up on the basis of the results of this analysis. It shall indicate the measures envisaged to deal with the risks and shall include the list of safety components and sub-systems which are to be subject to the provisions of Articles 5 to 13 of this
. -These provisions shall apply without prejudice to the provisions of articles R. 445-1 et seq. Of the Code of Town Planning and of the Decree of 5 October 1987
I. -Only safety components that meet the essential requirements when used in accordance with their intended purpose, established and maintained, can be placed on the market.
II. -These constituents can only be put into operation if they enable facilities that do not endanger the safety and health of persons and, where appropriate, the safety of property, when used In accordance with their intended purpose, set up and maintained properly.
Security components must, before Their placing on the market, subject to a conformity assessment procedure in accordance with Annex V, bearing the marking ' THIS " And be accompanied by a declaration " THIS " Obligations
the manufacturer or his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area.
Are deemed to meet the essential requirements for security components with marking " THIS " And accompanied by the above declaration of conformity.
Marking " THIS " Shall conform to the model set out in Annex IX. It shall be followed by the identification number referred to in Article 15, attributed to the authorised body involved in conformity assessment
. THIS " Must be displayed in a separate and visible manner on each security component or, if not possible, on a label of the grantor's solidarity.
It is prohibited to affix markings or markings on security components Likely to deceive third parties on the meaning and graphics of the marking " THIS " Of compliance. Any other marking may be affixed, provided that the visibility and legibility of the marking is not reduced " THIS " Compliance.
Where the safety components are subject to other directives which also provide for the affixing of the marking ' THIS " Of conformity, the latter indicates that the security components are presumed to comply with the provisions of these directives.
The procedure for assessing the conformity of a security component shall be carried out, at the request of the manufacturer or his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the Space
assessment may also be carried out by any other notified body appearing on the list published in the Official Journal of the European Union.
Only subsystems can be placed on the market Facilities that meet the essential requirements.
These subsystems can only be put into operation if they are capable of producing facilities that do not compromise the safety and health of individuals and, Security of goods when used in accordance with their intended purpose, set up and maintained properly.
Subsystems must, before they are placed on the market, be the subject of the review process " THIS " Provided for in Article 13 of this Decree and be accompanied by the declaration " THIS " Compliance set out in Annex VI and the technical documentation provided for in Article 14.
Alleged compliance with Essential requirements for subsystems accompanied by the declaration " THIS " Compliance and technical documentation.
The review procedure " THIS " Sub-systems shall be carried out at the request of the manufacturer, his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area, or, failing that, at the request of the person Physical or moral placing the subsystem on the market. This procedure shall be carried out by a body authorised under Article 15. This shall be chosen by the manufacturer, his authorised representative or any natural or legal person placing the subsystem on the market.
The declaration " THIS " Of conformity shall be established by the manufacturer, by his representative or by the person referred to in the above paragraph, on the basis of the examination " THIS " This
may also be carried out by any other notified body appearing on the list published in the Official Journal of the European Union
The authorized organizations referred to in section 15 of this Order are responsible:
-to implement Procedure for assessing the conformity of a constituent or the examination procedure " THIS " A subsystem;
-to establish, if applicable, the examination certificate " THIS " In accordance with Annex VII and shall constitute the accompanying technical documentation; this documentation shall contain all the elements relating to the characteristics of the subsystem as well as, where appropriate, all the documents attesting to the Compliance of security components. It must also contain all the elements relating to the conditions and usage limits and the maintenance instructions.
The agency clearance is issued by joint decision of the Ministers responsible for Industry and Transport in accordance with the criteria set out in Annex VIII. It shall indicate the specific tasks for which each body is entitled.
The bodies thus empowered shall be notified, with an indication of their areas of competence, to the European Commission, which shall give them an identification number. The list of authorised bodies shall be published, with an indication of their field of competence, in the Official Journal of the European Union.
The names, addresses, identification numbers and areas of competence of the notified bodies shall be published in the Official Journal of the French Republic.
A body may be withdrawn if it is found that it no longer meets the criteria set out in Annex VIII and after it has been placed to submit its observations
The Commission shall be informed of the withdrawal of the authorisation.
A joint decision of the Ministers responsible for transport and industry shall specify the procedures for the application of this Article
The manufacturer of the security component or subsystem or his agent established in a Member State of the Community Or in another State Party to the Agreement establishing the European Economic Area must be in a position to produce, at the request of the officials responsible for the technical and security control of the State provided for in the aforementioned decree of 5 October 1987, the Documents and documents referred to in Articles 6 and 11 of this Decree.
The owner shall be able to Produce, at the request of the technical and security control officers established by the decrees of 5 October 1987 and 9 May 2003 referred to above, copies of the declarations of conformity and technical documentation concerning all the components and Subsystems of the installation. These copies are included in the installation folder and kept for the lifetime of the installation.
The provisions of this Order do not preclude any measure taken pursuant to the said Orders of October 5, 1987 and May 9, 2003, which may restrict the conditions of use or prohibit the use of Security components or subsystems that may compromise the health or safety of persons, including when they are deemed to meet the essential requirements and are used in accordance with their intended purpose.
When the manufacturer of a security component or subsystem or his agent established in a Member State of the Community Or in another State Party to the Agreement establishing the European Economic Area has not fulfilled the obligations of this Decree, those obligations shall be the responsibility of any other person who puts the security component or the subsystem on the Market.
The construction and operation of facilities and the placing on the market of components and Sub-systems not satisfying the provisions of this Order may be authorized until May 3, 2004.
Au A Of Title II of the Annex to Decree No. 97-1198 of 19 December 1997, are added the following provisions:
" Measures Taken by the
Ministers responsible for transport and industry
" Decree n ° 2003-426 of 9 May 2003 on the placing on the market of components and subsystems ensuring the safety of mechanical lifts
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n ° 109, 11/05/2003 page 8169 to 8179
To 1 of Title II of the annex to Decree No. 97-1194 of December 19, 1997, referred to: " Decisions falling within the competence of the Directorate-General for Industry, Information Technology and Posts "shall be added as follows:
" Order No. 2003-426 dated May 9, 2003 concerning the placing on the market of components and subsystems ensuring the safety of mechanical lifts
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No 109 of 11/05/2003 page 8169 to 8179
The provisions of this Decree may be amended by decree in the Council of State, with the exception of those contained in Articles 15, 21 and 22, which will be amended in accordance with the conditions laid down in Article 2 of the Decree of 15 January 1997.
The Prime Minister, the Minister of Equipment, Transport, Housing, Tourism and the Sea and the Minister of the Public Service, of the Reform of the state and regional planning are responsible, each as far as it is concerned, for the application of this Decree, which will be published in the Official Journal of the French Republic
A N N E X E I
INSTALLATION SUBSYSTEMS
An installation as defined in section 2 of this Order is composed of the Civil engineering and subsystems listed below:
1. Cables and cables.
2. Brakes and brakes.
3. Mechanical devices.
3.1. Cable voltage devices.
3.2. Mechanical devices at stations.
3.3. Mechanical devices of line structures.
4. Vehicles.
4.1. Cabins, seats and tows.
4.2. Suspended.
4.3. Chariots.
4.4. The union elements with the cable.
5. Electrotechnical devices.
5.1. Control, monitoring, and security features.
5.2. Communications and information facilities.
5.3. Lightning protection devices.
6. Rescue.
6.1. Fixed rescue devices.
6.2. Mobile rescue devices.
A N N E X E I I
ESSENTIAL REQUIREMENTS FOR FACILITIES,
THEIR SAFETY CONSTITUENTS AND THEIR
SUBSYSTEMS 1. Purpose
This Annex sets out the essential requirements for the design, construction and operation of facilities as set out in section 3 of this Order, including: For maintenance and operation.
2. General requirements
2.1. Security of persons.
The safety of users, workers and others is a fundamental requirement for the design, construction and operation of facilities.
2.2. Principles of security.
Every facility must be designed, constructed, operated and maintained by applying the following principles in the order shown:
a) Eliminate, or otherwise reduce, risks through design provisions And construction;
b) Define and take the necessary protective measures against risks that cannot be removed by design and construction provisions;
c) Define and outline precautions to be taken for Avoiding risks that could not have been completely eliminated by the provisions and measures referred to in a and b of this
. Taking into account external constraints.
Every facility must be designed and constructed in such a way that it can be operated safely, taking into account the type of facility, the terrain and the environment, Atmospheric and meteorological conditions, structures and possible land and air barriers nearby.
2.4. Dimensioning.
The installation, subsystems, and all its security components must be dimensioned, designed, and constructed to withstand adequate security for all foreseeable conditions, including Including external actions, dynamic effects and fatigue phenomena, in accordance with the rules of art, in particular for the selection of
. Mount.
2.5.1. The installation, subsystems, and all safety components must be designed and constructed to ensure that they are assembled and installed safely.
2.5.2. The safety components shall be so designed that assembly errors are made impossible either by construction or by appropriate markings on the components themselves.
2.6. Installation integrity.
2.6.1. The safety components shall be designed, constructed and used in such a way that they are guaranteed, in all cases, their own functional integrity and/or the safety of the facility, as defined in the security analysis referred to in Annex III, for their failure to be highly improbable and with an adequate margin of safety.
2.6.2. The installation shall be designed and carried out in such a way that, during its operation, any failure of a constituent likely to affect safety, even indirectly, shall be the subject of appropriate action in due time.
2.6.3. The guarantees referred to in points 2.6.1 and 2.6.2 of this Annex shall apply throughout the period between two scheduled verifications of the grantor concerned. The intervals for the verification of security components shall be clearly indicated in the instruction manual.
2.6.4. Safety components that are integrated as replacement parts in an installation shall meet the essential requirements of this Order and the conditions of good interaction with the other components of the Installation.
2.6.5. Provisions must be made to ensure that the effects of a fire at the facility do not compromise the safety of transported persons and workers.
2.6.6. Special arrangements must be made to protect facilities and people from the consequences of lightning.
2.7. Security devices.
2.7.1. Failure to occur in the facility and may result in a safety failure, shall, where possible, be detected, reported and processed by a security device. The same is true for any outside event that is expected to cause security.
2.7.2. The installation must be able to be stopped manually at any time.
2.7.3. After a shutdown caused by a security feature, the restart of the installation should only be possible after the appropriate action is taken to the situation.
2.8. Maintenance.
The installations must be designed and constructed in such a way as to allow for the safe operation and maintenance and repair procedures, whether ordinary or extraordinary.
2.9. Nuisances.
The installation shall be designed and constructed so that the internal and external nuisances resulting from the emissions of gaseous pollutants, noise or vibration do not exceed the prescribed limit values.
3. Civil Engineering Requirements
3.1. Line plot, speed, vehicle spacing.
3.1.1. The facility shall be designed to operate safely, taking into account the characteristics of the terrain and the environment, atmospheric and meteorological conditions, works and possible land and air barriers located at Proximity, so as to cause no discomfort or danger, in all conditions of operation, maintenance or evacuation of persons.
3.1.2. Sufficient distance shall be reserved laterally and vertically between vehicles, towing devices, bearing roads, cables, etc., and the structures and possible land and air barriers nearby Taking into account the vertical, longitudinal and lateral movements of cables and vehicles or towing devices, with the most adverse foreseeable operating conditions.
3.1.3. The maximum distance between the vehicles and the ground shall take into account the nature of the installation, the types of vehicles and the rescue arrangements. It must take into account, in the case of open vehicles, the danger of falling as well as psychological aspects related to the overflight height.
3.1.4. The maximum speed of vehicles or towing devices, their minimum spacing and acceleration and braking performance shall be selected in such a way as to ensure the safety of persons and the operation of Installation.
3.2. Line books and books.
3.2.1. Terminals and line structures shall be designed, constructed and equipped in such a way as to be stable. They shall provide safe guidance for cables, vehicles and tows and can be safely maintained, regardless of the operating conditions that may occur.
3.2.2. The boarding and deplaning areas of the facility shall be arranged in such a way as to ensure the safety of vehicle traffic, towing and persons. The movement of vehicles and agraths in stations must be safe for people, given their possible active participation in it.
4. Requirements for cables, training and braking systems, and mechanical and electrical installations
4.1. Cables and supports.
4.1.1. All provisions must be made in accordance with the rules of the art for:
-avoiding the breaking of the cables and their attachments;
-ensuring the limit values of their solicitations;
-ensuring security on the supports And prevent their derailment;
-allow their monitoring.
4.1.2. When any risk of cable derailment cannot be ruled out, arrangements must be made to catch up the cables and stop the installation at no risk for people in the event of derailment.
4.2. Mechanical installations.
4.2.1. Coaching.
An installation is powered by an engine and a mechanism whose performance and capabilities are adapted to different operating systems and modes.
4.2.2. Emergency training.
The installation must have backup training whose source of energy is independent of the main engine. Emergency training, however, is not necessary if the safety analysis has shown that people can leave the facility easily, quickly and safely, including vehicles and land, even in the absence of training Backup.
4.2.3. Braking.
4.2.3.1. The stopping of the installation and/or the vehicles shall, in the event of an emergency, be obtained at any time and under the most unfavourable conditions of loads and adhesion on pulley, admitted during the operation. The stopping distance must be as small as the installation security requires.
4.2.3.2. Deceleration values shall be included in properly fixed ranges to ensure the safety of persons and the proper behaviour of vehicles, cables and other parts of the facility.
4.2.3.3. On all installations, braking will be achieved by two or more systems, each capable of causing the stop and coordinated so as to automatically replace the system in action when its effectiveness becomes insufficient. The last braking system of the traction cable shall act directly on the motor pulley. These provisions are not applicable for ski lifts.
4.2.3.4. The installation shall be equipped with an effective stopping and immobilization device that opposes any inadvertent routing.
4.3. Control bodies.
Control devices shall be designed and constructed to be safe and reliable, in order to withstand normal service constraints, external influences such as humidity, extreme temperatures and Electromagnetic disturbances, so as not to cause dangerous situations, even in the event of error in manoeuvres.
4.4. Communication bodies.
Officers assigned to the installation must be able to communicate with each other on an ongoing basis by appropriate means and, in the event of an emergency, inform users.
5. Towing Vehicles and Devices
5.1. Vehicles and/or towing devices shall be designed and constructed in such a way that, under foreseeable conditions of use, no person shall be able to fall and no other danger.
5.2. Vehicle fasteners and towing devices must be dimensioned and carried out in a manner that is in the most adverse condition:
-not to damage the cable;
-not to slide unless the slide does not Significant impact on vehicle safety, towing system and installation.
5.3. The doors of vehicles (bennes, cabins) shall be designed and carried out in order to be closed and locked. The floor and walls of these vehicles shall be designed and constructed to withstand, in all circumstances, pressure and charges due to users.
5.4. If the presence, on board the vehicle, of an agent is required for the safety of the operation, the vehicle must be equipped with the equipment enabling it to function.
5.5. Vehicles and/or towing devices, and in particular their suspents, shall be designed and fitted in such a way as to ensure the safety of the workers involved in the vehicle and/or towing devices in accordance with the appropriate rules and
. In the case of vehicles fitted with uncoupling fasteners, all provisions shall be made to stop, at no risk to the users, from the outset, a vehicle whose coupling of the cable tie would be incorrect and, upon arrival, a Vehicle whose uncoupling of the fastener would not have taken place and prevent the possible fall of this vehicle.
5.7. In the case of funicular vehicles and, as long as the typology of the installation so permits, of two-way cable cars, an automatic braking device shall be provided which acts on the track, where the possibility of a breakdown of the cable does not Can be reasonably excluded.
5.8. Where any risk of vehicle derailment cannot be ruled out by other measures, the vehicle shall be equipped with an anti-derailment which allows the vehicle to be safely shut down for persons.
6. Devices for users
Access to the boarding areas and departure of the landing areas, as well as the boarding and deplaning of users, must be organised in such a way as to ensure the safety of persons, In particular in areas where there is a danger of falling, taking into account the traffic and the stopping of vehicles. It must be possible for children and persons with reduced mobility to use the facility safely if the transportation of these persons is planned for installation.
7. Operations
7.1. Security.
7.1.1. All provisions and technical measures shall be taken so that the installation can be used in accordance with its destination and its technical specifications, as well as the defined conditions of use, and to ensure that the instructions Maintenance and operating security can be met. The instructions and instructions must be in French or in an official language of the Community accepted by the owner.
7.1.2. The appropriate physical means must be given to the persons responsible for the installation, who must be suitable for this task.
7.2. Security when the installation is stopped.
All technical measures and measures must be taken to ensure that, in the event of an end of the installation, without the possibility of rapid service delivery, users can be escorted back to a safe place. Within an appropriate time frame, depending on the type of installation and its environment.
7.3. Other security-specific provisions.
7.3.1. Driving and work stations.
Mobile elements normally accessible in stations shall be designed, constructed and implemented in such a way as to avoid risks or, where risks remain, to be fitted with protective devices, In such a way as to prevent any direct contact which may result in accidents. These devices should not be easily distracted or rendered inoperative.
7.3.2. Risks of falling.
Workstations and areas of work or intervention, even casual, and their access must be designed and developed in such a way as to avoid the fall of people who are called upon to work or move around. If this development is not sufficient, the workstations must also be equipped with anchorage points for individual anti-fall protection equipment.
A N N E X E I I I
ANALYSIS AND REPORT OF SECURITY
The safety analysis and report required for any facility as defined in section 2 of this Order shall take into account each intended mode of operation. The analysis shall be carried out in accordance with a recognized or established method and shall take into account the rules of the art and the complexity of the facility in question. It is also intended to ensure that the design and configuration of the proposed installation takes into account the locale and the most unfavourable situations in order to ensure satisfactory security conditions.
This Analysis includes the security features and their effects on the installation and the associated subsystems they involve in order to:
-be able to respond to a first failure or failure detected to remain Either in a state that guarantees security, either in a degraded mode of operation, or in
or
security shutdown-that they are redundant and monitored
or
-that they are such that their probability of failure can be Assessed and at a level comparable to that achieved by the safety devices meeting the criteria referred to in the first and second indents.
The safety analysis shall establish an inventory of the hazards and hazardous situations referred to in the I to section 4 of this Order and to determine the list of security components referred to in that section. The result of this analysis should be summarized in a security report.
A N N E X E I V
REPORTING MODEL " CE "
FOR SAFETY CONSTITUENTS
This annex applies to the components referred to in section 2 of this Order in order to ensure that they meet the essential requirements of First subparagraph of Article 3, and defined in Annex II.
The declaration " THIS " And the documents accompanying it must be dated and signed. The declaration must be in the same language or languages as the statement of instruction referred to in point 7.1.1 of Annex II.
This declaration must contain the following elements:
-references to Directive 2000 /9/EC;
- Name, name and full address of the manufacturer or his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area. In the case of a representative, also indicate the name, name and full address of the manufacturer;
-description of the grantor (trademark, type, etc.) ;
-an indication of the procedure, referred to in Article 6 of this Decree, and followed to declare conformity;
-all relevant provisions to which the grantor is responding and, in particular, the provisions relating to Use;
-name, address of the authorized body (s) that intervened in the procedure followed for compliance, and date of the examination certificate " CE ", with, where applicable, the duration and conditions of validity of the certificate;
-where applicable, the reference of the applicable standards;
-identification of the signatory having received authorization to engage the manufacturer or agent.
A N N E X E V
CONFORMITY ASSESSMENT PROCEDURE
"CE" APPLICABLE TO SECURITY CONSTITUENTS
1. Scope
This Annex applies to security constituents in order to verify compliance with the essential requirements referred to in the first paragraph of Article 3 of this Decree and set out in Annex II. It concerns the assessment by one or more authorised bodies of the intrinsic conformity of a constituent, considered in isolation, with the technical specifications which it must comply with.
2. Contents of the procedures
The evaluation procedures implemented by authorised bodies, at the design and production stage, use the modules defined in Council Decision 93 /465/EEC As set out in the table below. The solutions listed in this table are considered equivalent and can be used at the manufacturer's choice.
Security component
compliance assessment
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No. 109, 11/05/2003, page 8169 to 8179
Modules must be applied taking into account the specific additional conditions in each module.
Module B: scan " THIS " Of type
1. This module describes the part of the procedure by which a qualified body finds and certifies that a representative copy of the production in question complies with the provisions of this Decree.
2. Application for review " CE of type " Shall be lodged with an authorised body of his choice by the manufacturer or by his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic
. Includes:
-the name and address of the manufacturer and the name and address of the agent if the application is filed by the manufacturer;
-a written statement that the same application has not been filed with another organization Authorised;
-the technical documentation described in point 3.
The applicant shall make available to the authorised body a representative copy of the production in question, hereinafter referred to as " The authorized organization may request additional copies if required by the testing program.
3. The technical documentation shall permit the assessment of the conformity of the grantor with the requirements of this Decree. It must cover, to the extent necessary for this evaluation, the design, manufacture and operation of the grantor.
The documentation contains, to the extent necessary for the evaluation:
-a general description of the type;
-design and manufacturing drawings as well as patterns of components, subassemblies, circuits, etc. ;
-the descriptions and explanations necessary for the understanding of the said drawings and diagrams and the functioning of the grantor;
-the list of European specifications referred to in Article 2 of this Decree, applied in full or in Party, and descriptions of the solutions adapted to satisfy the essential requirements where the European specifications referred to in Article 2 of this Decree do not exist;
-the results of the design calculations performed, of the Reviews, etc. ;
-test reports.
It must also specify the domain of use of the component.
4. The authorized organization:
4.1. Examines the technical documentation, verifies that the type has been manufactured in accordance with it and points out the elements which have been designed in accordance with the relevant provisions of the European specifications referred to in Article 2 of this Decree As well as those elements whose design does not rely on the appropriate provisions of those European specifications;
4.2. Performs or shall carry out the appropriate checks and tests necessary to verify whether the solutions adopted by the manufacturer satisfy the essential requirements of this Decree where the European specifications referred to in Article 2 of the This Order has not been implemented;
4.3. Performs or causes the appropriate checks and tests to be carried out to verify whether, in the event that the manufacturer has chosen to apply the relevant European specifications, they have actually been applied;
4.4. Agree with the applicant from the location where the necessary checks and tests will be carried out.
5. Where the type complies with the provisions of this Decree, the authorised body shall issue a certificate of examination " CE of type " To the applicant. The certificate shall contain the name and address of the manufacturer, the conclusions of the control, the conditions and the duration of validity of the certificate and the data necessary to identify the approved type.
A list of significant parts of the Technical documentation shall be annexed to the certificate and a copy shall be retained by the authorised body. If it refuses to issue a certificate of examination " CE of type " The manufacturer, the authorised body shall give reasons for this refusal in detail. An appeal procedure must be provided.
6. The applicant shall inform the authorised body which holds the technical documentation relating to the certificate " CE of type " Any amendments to the approved grantor that require further approval, where these amendments may call into question the compliance with the essential requirements or the conditions of use of the Constituent. This new approval shall be issued in the form of a supplement to the initial examination certificate " Type CE ".
7. Each authorised body shall communicate to the other competent bodies the relevant information concerning the examination certificates " CE of type " And any supplements issued and withdrawn.
8. Other authorized bodies may obtain a copy of the examination certificates " CE of type " And/or their supplements. Annexes to the certificates are available to other authorized organizations.
9. The manufacturer or his authorised representative shall retain with the technical documentation a copy of the examination certificates " CE of type " And their additions for a period of at least 30 years from the last date of manufacture of the grantor.
Where neither the manufacturer nor his authorised representative is established in one Member State of the European Community or in another Member State As part of the agreement establishing the European Economic Area, this obligation to keep the technical documentation available is the responsibility of the person responsible for placing the component on the Community market.
Module D: Production Quality Assurance
1. This module describes the procedure by which the manufacturer fulfilling the obligations provided for in point 2 of this module assures and declares that the constituents in question comply with the type described in the examination certificate " CE of type " And meet the requirements of this Order. The manufacturer or his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area shall affix the marking ' THIS " On each constituent and establishes a written declaration of conformity. The marking " THIS " Shall be accompanied by the identification number of the authorised body responsible for the monitoring referred to in point 4 of this module.
2. The manufacturer shall apply an approved production quality system, carry out an inspection and Tests of the finished components provided for in point 3 of this module and shall be subject to the monitoring referred to in point 4 of that
. Quality system.
3.1. The manufacturer shall submit a request for the evaluation of its quality system for the constituents concerned with an authorised body of its choice.
This request includes:
(a) All relevant information for the category of Components envisaged;
(b) Documentation of the quality system;
(c) Where applicable, the technical documentation for the approved type and a copy in the examination certificate " Type CE ".
3.2. The quality system shall ensure conformity of the constituents with the type described in the examination certificate " CE of type " And with the requirements of this Order.
All elements, requirements and provisions adopted by the manufacturer shall be assembled in a systematic and orderly manner in a documentation in the form of measures, procedures and instructions Written. This quality system documentation should allow for a consistent interpretation of the programs, plans, manuals and quality records.
In particular, it includes an appropriate description:
-objectives of Quality, organizational structure and responsibilities for the quality of the components;
-manufacturing processes, quality control techniques and quality assurance, and techniques and actions Systematic which will be applied;
-tests and tests that will be carried out before, during and after manufacture, indicating how often they will occur;
-quality records such as reports Inspection and test and calibration data, reports on the qualification of the personnel concerned, etc. ;
-monitoring means to control the achievement of the required quality of the components and the efficient operation of the quality system.
3.3. The authorised body shall assess the quality system in order to determine whether it meets the requirements referred to in point 3.2 of this module. It assumes compliance with these requirements of quality systems that implement the corresponding harmonized standards.
The audit team will have at least one member experienced in the evaluation of the grantor's technology Concerned. The assessment procedure shall include an inspection visit to the manufacturer's premises.
The decision shall be notified to the manufacturer. The notification contains the conclusions of the check and the reasoned assessment decision.
3.4. The manufacturer undertakes to fulfil the obligations arising from the quality system as approved and to maintain it so that it remains adequate and effective.
The manufacturer or his authorised representative shall inform the authorised body which has approved the Quality system of any envisaged adaptation of the quality system.
The authorised body shall evaluate the proposed changes and decide whether the modified quality system continues to meet the requirements referred to in point 3.2 of this module or if it A new assessment is required.
It notifies the manufacturer of its decision. The notification contains the conclusions of the check and the reasoned assessment decision.
4. Monitoring under the authority of the authorized organization.
4.1. The purpose of the monitoring is to ensure that the manufacturer properly meets the obligations of the approved quality system.
4.2. The manufacturer shall grant the authorised body access, for inspection purposes, to the places of manufacture, inspection, testing and storage and shall provide it with all necessary information, in particular:
-the documentation relating to the system of Quality;
-quality records such as inspection reports and test and calibration data, personnel qualification reports, etc.
4.3. The authorized organization performs periodic audits to ensure that the manufacturer maintains and applies the quality system; it provides an audit report to the manufacturer.
4.4. In addition, the authorised body may make unannounced visits to the manufacturer. On the occasion of such visits, the authorised body may carry out or have carried out tests to verify the proper functioning of the quality system. It provides the manufacturer with a report of the visit and, if tested, a test report.
5. The manufacturer shall make available to the national authorities for a period of at least 30 years from the last date of manufacture of the grantor:
The documentation referred to in paragraph 3.1. Of this module;
Adaptations As referred to in the second subparagraph of point 3.4 of this module;
The decisions and reports of the authorised body referred to in points 3.4, 4.3 and 4.4 of this
. Each authorized organization communicates to other authorized organizations the relevant information regarding the approvals of quality systems issued and withdrawn.
Module F: verification on products
1. This module describes the procedure by which the manufacturer or his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area assures and declares that the components which Have been submitted to the provisions provided for in point 3 of this module conform to the type described in the examination certificate " CE of type " And comply with the requirements of this Order.
2. The manufacturer shall take all necessary measures to ensure that the manufacturing process ensures conformity of the components with the type described in the examination certificate " CE of type " And with the requirements of this Order. The manufacturer or his authorised representative shall affix the marking ' THIS " On each component and makes a declaration of compliance.
3. The authorised body shall carry out the appropriate examinations and tests, in order to verify the conformity of the constituents with the requirements of this Decree, either by checking and testing each constituent as specified in point 4 of this module, or By checking and testing the constituents on a statistical basis as specified in paragraph 5 of that module, at the choice of the manufacturer.
The manufacturer or his authorised representative shall keep a copy of the declaration of conformity for a period of at least 30 years From the last date of manufacture of the grantor.
4. Verification by monitoring and testing of each component:
4.1. All components shall be examined individually and appropriate tests, as defined in the applicable European specification or specifications referred to in Article 2 of this Decree, or equivalent tests shall be carried out in order to verify their conformity With the type described in the examination certificate " CE of type " And with the requirements of this Order.
4.2. The authorized body shall affix or cause its identification number to be affixed to each approved constituent and shall establish a written attestation of conformity with respect to the tests
. The manufacturer or his/her agent is able to present the authorized agency's compliance certifications on request.
5. Statistical check:
5.1. The manufacturer shall present its constituents in the form of homogeneous lots and shall take all necessary measures to ensure that the manufacturing process ensures the homogeneity of each batch produced.
5.2. All components are available for verification in the form of homogeneous lots. A sample is taken at random from each lot. The components forming a sample shall be examined individually, and appropriate tests, as defined in the applicable European specification (s) referred to in Article 2 of this Decree, or equivalent tests shall be carried out to verify Compliance with the requirements of this Order and in determining acceptance or rejection of the lot.
5.3. The statistical procedure uses the following elements:
-a statistical method;
-a sampling plan with its operational characteristics.
5.4. For accepted lots, the authorised body shall affix or cause its identification number to be affixed to each constituent and shall establish a written attestation of conformity with the tests carried out. All components of the lot may be put into circulation, with the exception of the constituents of the sample of which the authorized body has found that they were not in compliance.
If a lot is rejected, the competent authority shall Appropriate measures to prevent the release of this lot. In the case of a rejection of several lots, the authorised body may suspend the statistical verification.
The manufacturer may, under the responsibility of the authorised body, affix the identification number of the authorised body in the course of the Manufacturing.
5.5. The manufacturer or his agent must be able to present the authorized agency's compliance certifications on request.
Module G: Device Check
1. This module describes the procedure by which the manufacturer insures and declares that the grantor who has obtained the attestation referred to in point 2 of this module is in conformity with the requirements of this Decree. The manufacturer or his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area shall affix the marking ' THIS " And establishes a declaration of compliance.
2. The authorised body shall examine the grantor and carry out the appropriate tests, as defined in the applicable European specification (s) referred to in Article 2 of this Decree, or equivalent tests to verify its conformity with the requirements Applicable to this Order.
The authorized body shall affix or cause its identification number to be affixed to the grantor and shall establish a certificate of compliance with respect to the tests performed.
3. The purpose of the technical documentation is to enable the assessment of compliance with the requirements of this Order, as well as an understanding of the design, manufacture and operation of the grantor
The measurement necessary for the evaluation:
-a general description of the type;
-design and manufacturing drawings as well as patterns of components, subassemblies, circuits, etc. ;
-the descriptions and explanations necessary for the understanding of the said drawings and diagrams and the functioning of the grantor;
-a list of the European specifications referred to in Article 2 of this Decree, in full or in Party, and descriptions of the solutions adopted to meet the essential requirements where the European specifications referred to in Article 2 have not been applied;
-the results of the design calculations carried out, the examinations Performed, etc. ;
-test reports;
-component use domain.
Module H: Full Quality Assurance
1. This module describes the procedure by which the manufacturer fulfilling the obligations set out in point 2 of this module assures and declares that the components considered satisfy the applicable requirements of this Decree. The manufacturer or his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area shall affix the marking ' THIS " On each constituent and establishes a written declaration of conformity. The marking " THIS " Shall be accompanied by the identification number of the authorised body responsible for the monitoring referred to in point 4 of the said module.
2. The manufacturer shall implement a quality system approved for the design, manufacture, final inspection of the Components and tests, as specified in point 3 of this module, and is subject to the monitoring provided for in point 4 of that module.
3. Quality system:
3.1. The manufacturer submits a request for the evaluation of its quality system to an authorised body.
The request includes:
a) All relevant information for the category of intended constituents;
b) Documentation on The quality system.
3.2. The quality system shall ensure compliance of the constituents with the applicable requirements of this Order.
All elements, requirements and provisions adopted by the manufacturer shall be documented in a manner Systematic and rational in the form of written measures, procedures and instructions. This quality system documentation allows for a consistent interpretation of procedural and quality measures such as program, plans, manuals and quality records.
In particular, it includes an appropriate description:
- Quality objectives, organization chart, management responsibilities and authority for quality of design and quality of components;
-technical design specifications, including specifications The European Union referred to in Article 2 of this Decree which shall be applied, and where the European specifications are not fully implemented, means which shall be used to ensure that the essential requirements of this Decree apply The components are respected;
-techniques for the control and verification of the design, processes and systematic actions that will be used in the design of the components in respect of the category of Covered constituents;
-corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions to be used;
-tests and tests to be carried out Before, during and after manufacture and the frequency with which they occur;
-quality records such as inspection reports and test and calibration data, personnel qualification reports, etc. ;
-means to verify the achievement of the desired design and component quality and the efficient operation of the quality system.
3.3. The authorised body shall assess the quality system in order to determine whether it meets the requirements mentioned in point 3.2 of this module. It assumes compliance with these requirements for quality systems that implement the corresponding harmonized standard.
The audit team includes at least one member who has acquired experience in technology as an assessor Concerned. The assessment procedure includes a visit to the manufacturer's premises.
The decision shall be notified to the manufacturer. It contains the control findings and the reasoned assessment decision.
3.4. The manufacturer undertakes to fulfil the obligations arising from the quality system as approved and to maintain it so that it remains adequate and effective.
The manufacturer or his authorised representative shall inform the authorised body which has approved the Quality system of any project for the adaptation of the quality system.
The authorised body shall evaluate the proposed changes and decide whether the modified quality system still meets the requirements referred to in point 3.2 of this module or if a New evaluation is required.
It notifies the manufacturer of its decision. The notification contains the conclusions of the check and the reasoned assessment decision.
4. Monitoring under the authority of the authorized organization.
4.1. The purpose of monitoring is to ensure that the manufacturer properly meets the obligations arising from the approved quality system.
4.2. The manufacturer shall authorize the body authorised to access, for inspection purposes, the places of design, manufacture, inspection and testing and storage and shall provide it with all necessary information, in particular:
-the documentation on The system;
-the quality records provided for in the part of the quality system devoted to the design, such as the results of analyses, calculations, tests, etc. ;
-the quality records provided for in the manufacturing quality system, such as inspection reports and test data, calibration data, reports on qualification of personnel involved, etc. ;
4.3. The authorized organization periodically performs audits to ensure that the manufacturer maintains and enforces the quality system and provides an audit report.
4.4. In addition, the authorised body may make unannounced visits to the manufacturer. On the occasion of such visits, tests may be carried out or carried out to verify the proper functioning of the quality system. It provides the manufacturer with a report of the visit and, if tested, a test report.
5. The manufacturer shall keep at the disposal of the national authorities for a period of at least 30 years from the last date of manufacture of the grantor:
-the documentation referred to in point 3.1 of this module;
-adaptations Referred to in the second subparagraph of point 3.4 of this module;
-the decisions and reports of the authorised body referred to in points 3.4, 4.3 and 4.4 of that module.
6. Each authorised body shall communicate to other authorised bodies the relevant information concerning approvals of quality systems issued and withdrawn.
7. Additional provisions: design control.
7.1. The manufacturer introduces a design control request to an authorized organization.
7.2. The application shall provide an understanding of the design, manufacture and operation of the grantor and permit an assessment of its compliance with the requirements of this Order.
It includes:
-technical design specifications, y Including the European specifications referred to in Article 2 of this Decree, which have been applied;
-the proof necessary to support their suitability, in particular where these European specifications have not been fully applied. This evidence must include the results of tests performed by or on behalf of the appropriate manufacturer.
7.3. The authorised body shall examine the application and, where the design complies with the provisions of this Decree, issue a certificate of examination " Design CE " To the applicant. The certificate shall contain the conclusions of the examination, the conditions of its validity, the data necessary for the identification of the approved design and, where appropriate, a description of the functioning of the grantor
The applicant shall inform the authorised body which has issued the examination certificate of the design of any amendment to the approved design. Amendments to the approved design must receive additional approval from the authorized body that issued the examination certificate " Design CE " Where such amendments may affect compliance with the essential requirements referred to in the first subparagraph of Article 3 of this Decree or with the prescribed conditions for the use of the grantor. This additional approval shall be given in the form of an addendum to the examination certificate " Design CE ".
7.5. Each authorised body shall communicate to other authorized bodies relevant information on:
-examination certificates " Design CE " And the addenda that have been issued;
-examination certificates " Design CE " And the addenda that have been removed;
-examination certificates " Design CE " And the addenda that were rejected.
A N N E X E V I
REPORTING MODEL " CE "
FOR SUBSYSTEMS
This Annex applies to the sub-systems referred to in Article 10 of this Decree, in order to ensure that they meet the essential requirements for the sub-systems referred to in the first subparagraph Section 3 of this Order.
The Declaration " THIS " Conformity shall be established by the manufacturer or his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area or, failing that, by the natural or legal person Introducing the subsystem to the market. The declaration and accompanying technical documentation must be dated and signed.
This Declaration " THIS " Must be drafted, such as the technical documentation, in French or in a language accepted by the authorised body, and must include the following:
-the reference to Directive 2000 /9/EC;
-the name and address of the Examination applicant " THIS " ;
-the description of the subsystem;
-the name and address of the notified body that conducted the scan " THIS " Referred to in section 13 of this Order;
-all relevant provisions that must be met by the subsystem, including any restrictions or operating conditions;
-the result of the review " THIS " Referred to in Annex VII to this Decree;
-identification of the person who has been given the power to sign, with all legal effects, the declaration on behalf of the manufacturer, his authorised representative or, failing that, the natural or legal person Introducing the subsystem on the market.
A N N E X E V I I
CONFORMITY REVIEW PROCEDURE " CE "
APPLICABLE TO SUBSYSTEMS
1. The Examination " THIS " Is the procedure by which an authorised body checks and certifies, at the request of the manufacturer, of his authorised representative established in a Member State of the European Community or in another State Party to the Agreement establishing the European Economic Area Or, failing that, the natural or legal person introducing the subsystem on the market, that a subsystem is:
-in accordance with this Order and other regulatory provisions that are in compliance with the Treaty;
-
2. The subsystem probe is performed in each of the following steps:
-the design;
-the build and receive testing of the manufactured subsystem.
3. The technical documentation accompanying the examination certificate should be provided as follows:
-construction plans and calculations, electrical and hydraulic schematics, control circuit diagrams, description of computer systems and Automation, operating and maintenance records, etc. ;
-list of security components referred to in item 4 of this Order, and used in the subsystem in question;
-copies of statements " THIS " Of the compliance set out in Annex IV for the safety components with the relevant construction plans and calculations and a copy of the reports on the tests and any checks carried
. Files and correspondence relating to review procedures " THIS " Are drawn up in the same language or languages as the notice of instruction referred to in point 7.1.1 of Annex II.
5. Monitoring.
5.1. The purpose of the monitoring is to ensure that, during the completion of the subsystem, the obligations arising from the technical documentation have been fulfilled.
5.2. The authorized body that is responsible for the review " THIS " Must have permanent access to the manufacturing workshops, storage areas and, where applicable, prefabrication, testing facilities, and more generally at any location that it may deem necessary for the performance of its mission. The manufacturer, his authorised representative or, failing that, the natural or legal person introducing the sub-system on the market, shall submit to him or her all relevant documents to that effect, including the implementation plans and the documentation Subsystem-related technique.
5.3. The authorized body that is responsible for the review " THIS " Carries out periodic audits to ensure that the provisions of this Decree are complied with; it provides, on that occasion, an audit report to the professionals responsible for the implementation. It may require consultation in certain phases of construction.
5.4. In addition, the authorised body may make unannounced visits to the manufacturing workshops. On the occasion of such visits, the authorised body may carry out full or partial audits. It provides a visitation report and, if applicable, an audit report to the professionals responsible for completion.
6. Each authorised body shall periodically publish relevant information concerning:
-all requests for examination " THIS " Received;
-all examination certificates " THIS " Issued;
-all examination certificates " THIS " Refused.
A N N E X E V I I I
MINIMUM CRITERIA
FOR THE SKILLS OF NOTIFIED ORGANIZATIONS
1. The organization, its director and the personnel responsible for carrying out the verification operations cannot be the designer, the manufacturer, the supplier, or the installer of the security components or subsystems they control, or the An agent of one of these persons, or the natural or legal person introducing these safety components or sub-systems on the market. They may not intervene directly or as an agent in the design, manufacture, construction, marketing or maintenance of these safety components or subsystems or in the operation. This does not preclude the possibility of exchanging technical information between the manufacturer and the body.
2. The organization and the control staff shall carry out the verification operations with the greatest professional integrity and technical competence and must be free from all pressures and incentives, including Financial, which may influence their judgment or the results of their control, in particular from persons or groups of persons interested in the results of the checks.
3. The organization must have the necessary staff and resources to properly carry out the technical and administrative tasks related to the conduct of the audits; it must also have access to the necessary equipment for the Exceptional checks.
4. The control personnel must have:
-good technical and professional training;
-a satisfactory knowledge of the requirements for the controls it performs and a sufficient practice of these controls;
-the ability to write the certifications, minutes and reports required to establish the execution of the controls.
5. The independence of the control staff must be guaranteed. The remuneration of each officer shall not depend on the number of controls carried out or the results of such controls.
6. The body must take out civil liability insurance, unless this responsibility is covered by the State on the basis of national law or the controls are carried out directly by the State.
7. The staff of the body shall be bound by professional secrecy for all that it learns in the performance of its functions (except in respect of the competent administrative authorities) in the application of this Decree.
A N N E X E I X
MARQUAGE " THIS " COMPLIANCE
Marking " THIS " Is made up of the initials " CE ", according to the following graphic:
You can view the table in OJ
No. 109, 11/05/2003, page 8169 to 8179
In case of reduction or expansion of the Marking " CE ", the proportions as shown by the graphic above must be respected.
The different elements of the marking" THIS " Must have the same vertical dimension, which cannot be less than 5 millimetres. This minimum dimension can be waived for small security components.
Marking " THIS " Is followed by the last two digits of the year in which it was affixed and the identification number of the authorized body involved in the procedures referred to in section 15 of this Order.
Done at Paris, May 9, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of Equipment, Transport,
Housing, Tourism and the Sea,
Gilles de Robien
The Minister of the Public Service,
of the reform of the
State and the development of the Territory,
Jean-Paul Delevoye
