Key Benefits:
Law of 5 February 2004 laying down rules relating to the production, inspection and operation of cableway installations for the carriage of passengers (Wet cableway installations)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
Allen, who will see or hear read, saluut! do n' t know:
In this regard, we have taken into consideration that, having regard to Directive No 2000 /9/EC of the European Parliament and the Council of the European Union of 20 March 2000 relating to cableway installations for the carriage of passengers (PbEG L 106), is necessary to lay down rules for the production, inspection and exploitation of cableway installations for passenger transport;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Directive: Directive No 2000 /9/EC of the European Parliament and the Council of the European Union of 20 March 2000 on cableway installations for the carriage of passengers (PbEG L106);
b. cableway installation: installation as referred to in the second, third and fifth paragraph of Article 1 of the Directive;
Safety component: safety component as referred to in the second indent of Article 1 (5) of the Directive;
d. Subsystem: part of a cableway installation as referred to in Annex I to the Directive;
e. contraaing authority: natural or legal person for whose account a cableway installation is being built, or his authorised representative;
f. Constructeur: manufacturer of a safety component or subsystem, or a designer or builder of a cableway plant, or his authorised representative established within the Community;
g. essential requirements: essential requirements referred to in Annex II to the Directive;
h. CE marking: symbol shown in Annex IX to the Directive;
i. conformity assessment: examination of compliance with the essential requirements of safety components or subsystems;
j. cableway permit: permit as intended in Article 20, first paragraph ;
k. 'Approval Authority': Article 5 appropriate body;
l. Our Minister: Our Minister of Transport and Water.
2 In Chapter 4, Section 1 , and Chapter 5 'Approval authority' means a body notified by another Member State of the European Union to the Commission of the European Communities in charge of the body responsible for conformity assessment as set out in Annex V tasks to be carried out, or carrying out a safety analysis pursuant to Annex III to the Directive.
3 This law includes the use of a cableway system to renew, change or extend a funicalrunway installation.
This law shall not apply to:
a. Elevators;
b. Traditionally Built Cable Trams;
c. installations used for agricultural purposes;
d. attraction and play equipment;
Mining plants and installations which are constructed or used for industrial purposes;
f. Cable ponting;
g. dental rags;
h. Facilities propelled by chains.
1 Safety components shall be placed on the market or put into service only if they comply with the essential requirements and are marked with a CE marking.
2 Subsystems shall be placed on the market or put into service only if they meet the essential requirements and are provided with an EC verification certificate.
3 A cableway system shall be put into service only if it fulfils the essential requirements and does not endanger the safety and health of persons and the safety of goods when used according to its intended purpose.
1 Safety components, subsystems and cableway installations corresponding to national standards to be adopted by our Minister for the implementation of harmonized standards as referred to in Article 3 (2) of the Directive, shall be presumed to be meet the essential requirements.
2 In the absence of standards harmonised at European level, our Minister may designate standards which are important for the correct application of the essential requirements.
3 The reference numbers of the standards referred to in paragraph 1 and paragraph 2 shall be published in the Official Journal.
Subject to Annex VIII to the Directive, our Minister may designate inspection bodies responsible for:
a. To indicate the tasks to be assigned to him under the conformity assessment procedures, as set out in Annexes V and VII to the Directive;
(b) conduct safety analyses as defined in Annex III to the Directive.
1 To a designation as intended Article 5 restrictions and regulations may be attached. The rules may also cover the rates to be charged by the inspection bodies.
2 In the case of Ministerial Regulations, rules may be laid down concerning the criteria for the designation of bodies referred to in Article 5 , the method of assessment, the supervision to be exercised by inspection bodies and the compensation payable by bodies for the costs of the assessment and exercise of supervision.
3 Our Minister draws a designation as intended Article 5 to:
a. at the request of the relevant authority;
(b) if he considers that the relevant authority no longer meets the criteria set out in Annex VIII to the Directive or the criteria for the assessment of inspection bodies set out in the ministerial arrangement referred to in the second paragraph;
c. if the relevant authority fails to comply with the instructions attached to the designation.
Our Minister shall, without delay, inform the Commission of the European Communities and the other Member States of the European Union of any indication or withdrawal of such designation by Article 5 Other Article 6, third paragraph , and shall indicate in the case of a designation the tasks assigned to the designated authority.
1 Before a safety component or a subsystem is placed on the market, the manufacturer for safety components and subsystems shall follow a procedure of conformity assessment.
2 The manufacturer shall, for the purposes of carrying out a conformity assessment procedure, select an inspection body competent to carry out the tasks assigned to an inspection body for the purposes of that procedure.
1 A procedure of conformity assessment shall contain, for a safety component, one of the procedures set out in Annex V to the Directive:
a. EC type examination, as described in Module B, supplemented by the production quality assurance procedure described in Module D;
b. EC type examination (s) described in Module B, supplemented by the product verification procedure described in Module F;
c. the full quality assurance procedure described in Module H; or
d. The procedure of unit verification described in Module G.
(2) If a procedure referred to in paragraph 1 (a) or (b) is followed, the additional procedure may be chosen by a different inspection body than for the EC type-examination.
1 The manufacturer proposes a safety component to which it is determined, on the basis of a conformity assessment procedure, that it fulfils the essential requirements, in the final stage of the production process, an EC declaration of Agreement, in accordance with Annex IV of the Directive, and provides for the safety component of a CE marking.
2 The CE marking shall be affixed to the safety component or to a plate attached to it in such a way that it is visible and legible.
3 If the procedure specified in Article 9, first paragraph, part a or subparagraph c The manufacturer shall, in addition to the 'CE' marking, indicate the identification number of the inspection body responsible for carrying out the procedure. The second paragraph shall apply mutatis mutandis to the affixing of the identification number.
1 A procedure for conformity assessment shall be for a subsystem to have the EC verification set out in Annex VII to the Directive at the design stage, the production phase and in the delivery process.
2 The manufacturer shall establish an EC declaration of conformity on the basis of an EC declaration of conformity, in accordance with Annex VI, for a subsystem in respect of which conformity assessment procedure has been established on the basis of a procedure for conformity assessment. Directive.
The manufacturer shall provide the approval authority and the body responsible for the inspection, Article 15, second paragraph , designated natural or legal persons, all cooperation to the extent necessary for the purposes of the conformity assessment and exercise of other tasks referred to in this Act.
1 The manufacturer informs the inspection body which carries out or has carried out the conformity assessment procedure, on all changes to the design, the quality system applied in Module B, or H of Annex V, or the manufacturing process of the safety component or subsystem concerned.
2 The manufacturer shall retain all the documentation received under Annex V and VII of the Directive within the framework of a conformity assessment procedure and received from the certifying authority over a period of time. of 30 years after the production of the last safety component or subsystem.
1 In so far as the manufacturer fails to comply with an obligation referred to in this paragraph, such obligation rests on the natural or legal person who places the product on the market. As soon as the person who places the product on the market has fulfilled this obligation, the obligation on the manufacturer has been removed.
2 The obligations referred to in this paragraph shall also apply to those who manufacture safety components or sub-systems for their own use.
1 An assessment body shall comply with the rules laid down in Annexes V and VII to the Directive when carrying out the tasks assigned to it in the framework of the conformity assessment procedures.
2 An inspection body shall be empowered to carry out the tests and checks provided for in Module B of Annex V to the Directive by other natural persons, subject to the rules laid down in the framework of a ministerial order, or legal persons.
3 If an inspection body carries out the procedure referred to in Module D or H of Annex V to the Directive, at least one person shall be involved with experience in evaluating the technology applied.
1 An assessment body shall ensure the application of its identification number on each safety component of which it is based on the procedure referred to in Article 9, first paragraph, part b or d , it has determined that the safety component complies with the essential requirements.
2 An assessment body shall, in respect of the in-procedure referred to in the procedure referred to in Article 2, Article 9, first paragraph, part b or d , tests carried out shall be a declaration of conformity.
1 An approval authority shall establish a subsystem for which it is based on the procedure referred to in Article 11, first paragraph , it has established that it complies with the essential requirements, an EC declaration of conformity, in accordance with Annex VI and an EC verification certificate, in accordance with Annex VII to the Directive, and determines which technical documentation is to be used for the purposes of this Directive. the EC verification certificate is to be annexed.
2 The technical documentation referred to in paragraph 1 shall, in any event, include:
(a) necessary documents relating to the characteristics of the subsystem concerned;
b. Terms of use, use restrictions and maintenance regulations; and
(c) the EC declarations of conformity of safety components applied in the relevant subsystem.
1 The inspection body shall inform the other inspection bodies of the issue, revocation, refusal or addition of EC type-examination declarations, quality system approvals, EC design certificates, EC verification certificates and of applications received for the purpose of carrying out an inspection.
2 An inspection body shall, upon request, communicate to our Minister the information required for the performance of his task. Our Minister may, in so far as it is reasonably necessary for the performance of his duties, access business records and records.
1 If the approval authority which issued a certificate of EC type-examination or an EC verification certificate suspects that the relevant safety component or subsystem no longer complies with the essential requirements, it shall into a survey.
2 A certificate of EC type-examination or an EC verification certificate shall be withdrawn by the approval authority if the examination referred to in the first paragraph indicates that the safety component or subsystem concerned is no longer complies with the essential requirements.
1 For building and operating and having a cableway installation, a cable car licence of Our Minister is required. A permit granted for a cableway installation shall apply to any person who builds or maintains the cable installation installation. The holder of the authorisation shall ensure that the requirements of the authorisation are complied with.
2 To a cableway permit, regulations and restrictions may be connected. A cableway permit may be granted for a time period specified in the permit.
3 If our Minister considers that the safety components or subsystems to be used in the cableway installation show innovative features for design or construction, it may be subject to the authorisation and special requirements connect restrictions. It shall forthwith inform the Commission of the European Communities thereof.
4 The restrictions under which a cable management permit has been granted and the regulations attached to a licence may be amended or withdrawn on request or on request.
1 The client shall, prior to the application for an environment permit for a construction activity as specified in Article 2.1, first paragraph, point (a) of the General Provisions Act and for a cableway permit, carry out a safety analysis as defined in Annex III to the Directive by a competent approval authority.
2 In the case of safety analysis, all safety aspects of the cableway installation and the environment of the cableway installation in the context of design, execution and commissioning are involved.
On the basis of the safety analysis, the certifying authority shall draw up a safety report indicating the measures necessary to exclude risks. The safety report shall contain a list of safety components and subsystems included in the relevant cableway installation.
1 An application for a cable car license is submitted simultaneously with the application for an environment permit as intended Article 21, first paragraph for the installation concerned. Our Minister promotes a coordinated preparation and substantive reconciliation of both permits. Mayor and aldermen of the municipality concerned shall provide the cooperation necessary for this.
2 The application for a cableway licence shall be submitted:
a. The safety analysis prepared for the cableway installation shall be: Article 21 the safety report drawn up on the basis of that report;
b. EC declarations of conformity and the EC certification certificates of all safety components and subsystems to be applied in the cableway installation;
c. A copy of the application for a building permit.
3 In the case of ministerial arrangements, detailed rules may be laid down regarding the application for a cableway licence and the particulars and documents to be provided.
1 A cableway permit is granted only if the cableway installation, provided that it is properly installed and maintained, and uses it in accordance with its intended use, the safety and health of persons and the safety of goods cannot be endangered.
2 A cable car licence shall in any case be refused if:
a. The cable-track installation does not meet the essential requirements;
b. The cable-track installation does not meet the conditions of the safety report;
c. The safety components to be used in the cableway installation do not bear a CE marking or the subsystems to be applied shall not be provided with an EC certificate of verification.
1 The cableway permit may be suspended or withdrawn if:
a. The requirements of the cable car licence are not complied with;
b. The cableway installation presents a danger to the safety and health of persons and to the safety of goods;
c. The cableway installation has been permanently off-used.
2 The suspension shall be lifted if the grounds for suspension no longer exist.
The holder of the authorisation shall keep the following documents and keep copies of these documents at the cableway installation:
a. The cableway permit;
b. the safety report referred to in Article 21 ;
c. the safety analysis provided in Article 21 ;
d. EC verification certificates of the applied subsystems and technical documentation, including all documents relating to the characteristics of the cableway installation;
e. EC declarations of conformity of the safety components used;
f. The documents relating to maintenance, supervision, adjustment and maintenance of the cableway installation.
1 The costs associated with the handling of the application and the issue, modification or suspension of a cableway permit, as well as with the issue of duplicates and certified copies of a cable car licence, shall be charged to the applicant for the cableway licence.
2 The charges for the reimbursement of costs shall be fixed by ministerial order.
1 If our Minister considers that a safety component provided with a CE marking, or a subsystem provided with an EC declaration of conformity, also when that safety component or subsystem is in accordance with the requirements of the has been used and properly maintained with its intended use, could jeopardise the safety or health of persons or the safety of goods, it shall take appropriate provisional measures. It may prohibit use, restrict the use of the use, prohibit it from being placed on the market or impose conditions on the marketing.
2 Our Minister shall inform the Commission of the European Communities immediately and in the light of any measures referred to in the first paragraph. In so doing, he shall indicate whether the measures result from failure to comply with the essential requirements or incorrect application of, or a loophole in, the standards referred to in Article 4, first paragraph .
1 If our Minister considers that a CE marking has been affixed unduly to a safety component, or if a subsystem has been wrongly provided with an EC declaration of conformity, he shall take appropriate measures to ensure that such a CE marking is not provided. take out the safety component from the market, or prohibit that safety component or subsystem from being placed on the market. It may prohibit use or impose restrictions on it.
2 Our Minister shall inform other Member States of the European Union and the Commission of the measures referred to in the first paragraph.
The manufacturer or the person responsible for placing the product on the market shall cooperate with all the cooperation necessary for the implementation of the measures provided for in the Articles 27 and 28 .
Our Minister is empowered to impose a burden under administrative constraints in order to enforce the provisions of Article 20, first paragraph , and for the implementation of the measures referred to in Article 27, first paragraph , and Article 28, first paragraph .
1 It shall be prohibited to place on the market safety components or sub-systems which do not meet the essential requirements and which do not bear the CE marking or an EC verification certificate.
2 The affixing of a CE marking or of subsystems of an EC verification certificate for safety components shall be prohibited if such safety components or subsystems are not in conformity with the essential requirements, or if those safety components or subsystems are not subject to conformity assessment procedure.
3 It is prohibited to act contrary to a prohibition or a measure on the basis of Article 27, first paragraph and Article 28, first paragraph .
It shall be prohibited to affers markings or inscriptions on safety components which may be misleading as to the meaning or form of the CE marking, or to reduce the visibility or legibility of a CE marking.
1 It is prohibited without a cable-track permit to build and operate a cable-track installation, or act in violation of the requirements of the cable car licence.
2 It is prohibited to set up or operating a cableway installation if the cable car licence has been suspended.
1 With the supervision of compliance with or under this law, the officials appointed by the decision of Our Minister shall be responsible. If the designation concerns officials, resorting to a Ministry other than that of our Minister, the relevant decision shall be taken in accordance with the Minister of that other Ministry.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
1 This Act shall not apply to subsystems and safety components placed on the market prior to the entry into force of this Act.
2 Article 20, first paragraph , does not apply to the holding of a cableway plant put into service before the entry into force of this Act.
1 To 4 May 2004 the Articles 3, first and second members , 8 , 11 and 14 does not apply to the placing on the market of safety components and subsystems.
2 To 4 May 2004 the Article 20, first paragraph , 21, first and second members , not applicable for the construction and commissioning of cableway installations, except that for cableway installations for which a building permit has been granted before 4 May 2004 but which, with the construction on the date of entry into force, has not yet been completed is caught, a cableway permit is required.
3 The Articles 31, first and second members , and 33, 1st Member shall not be applicable until 4 May 2004.
An amendment to the Directive shall apply to the application of this Law as from the day on which the relevant amending Directive has to be implemented.
To the extent that, pursuant to the Agreement on the European Economic Area, the Directive is also binding on a State other than a Member State of the European Union, that State shall, for the purposes of this Law, be treated in the same way as a Member State of the European Union. the European Union.
This Act shall enter into force from the day following the date of issue of the Official Gazette in which it is placed, with the exception of the Articles 40 to 42 , which enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This law is cited as: Law of cableway installations.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 5 February 2004
Beatrix
The Minister of Transport and Water,
K. M. H. Peijs
Published on 4 March 2004The Minister of Justice,
J. P. H. Donner
