The European Parliament and the Council adopted, on 20 March 2000, Directive 2000 /9/EC on the facilities for the carriage of persons by cable, which determines the essential safety and hygiene requirements. (a) the protection of the environment and of consumers, which are required of such facilities in respect of their design, project, construction, assembly, putting into service and operation, and those applicable to their subsystems and the safety constituents.

In order to comply with the obligations arising from the provisions of that Directive, it is necessary to lay down the national provisions which comply with the provisions laid down in that Directive, necessary requirements of these facilities, distinguishing those relating to the so-called safety components and those relating to the so-called subsystems, the procedures for the declaration and assessment of conformity, as well as the competent authorities in these matters.

This Royal Decree, which is dictated by the provisions of Article 149.1.13.a of the Constitution, has, as a consequence, the purpose of incorporating the aforementioned Directive 2000 /9/EC into national law, in accordance with the law of the 21/1992, of 16 July, of Industry, and of Law 16/1987, of 30 July, of Land Transport Management.

In its virtue, on the proposal of the Ministers of Development and of Science and Technology, after the process of consulting the Autonomous Communities, according to the Council of State and after deliberation of the Council of Ministers in its meeting on 28 June 2002,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

1. The purpose of this Royal Decree is to lay down the conditions required for the safety of cableway installations in relation to their projection, construction, commissioning and operation, as well as to define the conditions for essential requirements for the safety and hygiene of persons, the protection of the environment and the protection of consumers applicable to such facilities, the subsystems and their safety components.

2. Those conditions include the necessary and sufficient harmonisation arrangements to ensure and ensure compliance with the essential requirements referred to in Annex II.

Article 2. Definitions.

For the purposes of this Royal Decree, it shall be understood as:

(a) "Installation" means the system implanted in its location, consisting of the infrastructure and the subsystems listed in Annex I, the infrastructure being understood in particular for each specific installation and built on the ground, the line layout, the system data, the line supports and the stations that are necessary for the construction and operation of the installation, including the foundation.

(b) "security constituent" means any elementary component, component group, subset or complete set of material and any device, incorporated into the facility to ensure security and identified by the analysis security and whose failure or defect poses a risk to the safety or health of persons, whether users, operating personnel or third parties.

(c) "Installation owner" means any natural or legal person whose account is constructed of an installation.

(d) "Technical operating requirements": the set of provisions and technical measures that have an impact on conception and performance and are necessary for a fully secure operation.

e) "Technical maintenance requirements": the set of provisions and technical measures that have an impact on conception and performance and are necessary for maintenance to ensure a fully functioning insurance.

(f) "European specification" means a common technical specification, a European technical approval or a national standard incorporating a European standard.

g) "cableway installations" means installations composed of several constituents, designed, constructed, assembled and put into service to carry persons in vehicles or towed by (a) the assembly of the cable (s) and the cable (s); and the cable (s) are disposed along the path of the path.

Article 3. Classification of the facilities.

The facilities referred to in the previous article include, in any case, the funiculars, the cable cars and the ski lifts.

(a) They are considered to be funicular to those means of transport in which vehicles are moved on wheels or other supporting devices and by means of traction of one or more cables.

(b) Those means of transport in which vehicles are displaced or moved in suspension by one or more cables, without a fixed road of fixed rolling, comprising the telecabines and the cable car, are considered to be remote. chairlifts.

(c) The means of transport which, by means of a cable, are taken from the appropriate equipment users, are considered to be telesquies.

Article 4. Scope of application.

1. This Royal Decree applies:

a) To facilities built and put into service from its entry into force.

(b) To subsystems and safety components placed on the market as from its entry into force.

(c) To existing installations, as provided for in Article 5 (2).

2. Excluded from the scope of this Royal Decree:

(a) The lifts defined by Royal Decree 1314/1997 of 1 August, laying down detailed rules for the implementation of the Directive of the European Parliament and of the Council 95 /16/EC on lifts.

b) Conventional type trams carried over by cable.

(c) Facilities used for agricultural purposes.

d) Specific materials for fairs, fixed or mobile, and the facilities of amusement parks intended for recreation and not used as a means of transport of persons.

e) Mining facilities and facilities deployed and used for industrial purposes.

f) Cable-operated vessels.

g) The zip railroads.

h) The facilities that are driven by chains.

Article 5. Mandatory requirements for essential requirements.

1. The installations and their infrastructure, the subsystems and the safety components of an installation shall comply with the essential requirements set out in Annex II applicable to them.

2. They shall be presumed to be in conformity with the essential requirements concerned with the installations and their infrastructures, the subsystems and the safety components of an installation constructed in accordance with Spanish standards incorporating other European standards. harmonised, the reference of which has been published in the Official Journal of the European Communities and meets the essential requirements specified in Annex II.

Article 6. Security analysis.

1. Each installation project shall be submitted, at the request of the owner of the installation or its representative, to a security analysis, as defined in Annex III, in which all safety-related aspects shall be taken into account. the system and its environment in the phases of the project, implementation and commissioning, and it will make it possible to determine, on the basis of previous experiences, the risks that may arise during the operation.

2. The security analysis shall give rise to the issuance of a safety report indicating the measures envisaged to deal with the possible risks and which shall include the list of safety constituents and the subsystems to which they have be subject to the provisions of Chapters II or III.

CHAPTER II

Security constituents

Article 7. Requirements.

The following conditions shall be observed in the placing on the market and putting into service of the safety components:

(a) They may be placed on the market only if they permit the construction of installations which comply with the essential requirements referred to in Annex II.

(b) They may be put into service only if they permit the construction of facilities which do not endanger the safety and health of persons and, where appropriate, the safety of goods when they are installed and maintained properly. and are used according to the intended use.

Article 8. Marketing.

Without prejudice to the provisions of Articles 14 and 15, it shall not be possible to prohibit, restrict, or impede, in any event, the marketing and use of safety components that comply with the provisions of this Royal Decree.

Article 9. CE marking of conformity.

1. Safety components bearing the CE conformity marking, the model of which is set out in Annex IX, accompanied by the EC declaration of conformity provided for in the Annex, shall be deemed to be in conformity with the provisions of this Royal Decree. Annex IV.

2. Before the placing on the market of a safety component, the manufacturer or his authorised representative established in the European Community shall:

(a) Submit the security component to a conformity assessment procedure in accordance with the provisions set out in Annex V.

b) Place the CE marking of conformity on the safety component and extend an "EC" declaration of conformity in accordance with Annex IV.

3. The procedure for assessing the conformity of safety constituents shall be carried out, at the request of the manufacturer or his authorised representative established in the Community, by the notified body referred to in Article 17, which has chosen for this purpose.

4. The CE marking of conformity in the safety components presumes its conformity with the national provisions incorporating other Community Directives which may be applicable to them and which regulate different aspects of transport by cable.

5. The natural or legal person marketing a security constituent shall comply with the obligations set out in this Article where neither the manufacturer nor his authorised representative established in the Community has done so. The same obligations must be fulfilled by the person who manufactures the safety components for their own use.

CHAPTER III

Subsystems

Article 10. Marketing.

1. The subsystems listed in Annex I may be placed on the market only if they permit the construction of installations meeting the essential requirements referred to in Annex II.

2. It shall not be possible to prohibit, restrict or impede the placing on the market of subsystems complying with the provisions of this Royal Decree.

Article 11. EC declaration of conformity.

1. The subsystems referred to in Annex I shall be deemed to be in conformity with the essential requirements set out in Annex II where they are accompanied by the 'EC' declaration of conformity as provided for in Annex VI and the technical documentation referred to therein. paragraph 3 of this Article.

2. The EC examination procedure for the subsystems referred to in Annex VII shall be carried out, at the request of the manufacturer, of his authorised representative established in the Community or, failing that, of the natural or legal person entering the market on the subsystem, by the notified body referred to in Article 17 which it has designated for that purpose.

3. The notified body shall issue the EC examination certificate in accordance with the provisions of Annex VII and the accompanying technical documentation. Such technical documentation shall include all the necessary documents relating to the characteristics of the subsystem, as well as, where appropriate, all documents certifying the conformity of the safety constituents. In addition, all information concerning the conditions and limits of use and the instructions for maintenance shall be included.

4. The examination referred to in this Article, the manufacturer, his authorised representative established in the Community or, failing that, the natural or legal person introducing the subsystem into the market shall be carried out satisfactorily. 'EC declaration of conformity' where appropriate.

CHAPTER IV

Installations

Article 12. Construction and commissioning procedures.

1. The competent bodies in each case shall authorise the construction and putting into service of the facilities located in their territory.

The above bodies shall also take appropriate measures to ensure that safety components and subsystems to be used in installations which are built on their territory can only be mounted and be placed on the market where they do not endanger the safety and health of persons and, where appropriate, the safety of goods, provided that such subsystems are properly installed and maintained and used in accordance with the use for which they are intended.

2. Where it is considered that a safety component or subsystem has innovative design or production characteristics, all appropriate measures shall be taken and the construction and/or laying down of special conditions may be subject to in service of the installation in which the safety component or the innovative subsystem is used.

The body which adopts any of the measures provided for in this paragraph shall without delay inform the Ministry of Science and Technology in order to bring it to the attention of the European Commission, in a reasoned and appropriate manner. provided for in Article 11.3 of Directive 2000 /9/EC, the particular conditions imposed.

3. All appropriate measures shall be taken to ensure that installations can only be constructed and put into service when they have been designed and carried out in such a way as to ensure compliance with the essential requirements set out in the Annex. II.

4. It shall not be possible to prohibit, restrict or impede the integration into the premises of safety components or subsystems which are accompanied by an EC declaration of conformity in accordance with the provisions of Articles 9 and 11.

5. The owner of the installation or his representative shall submit to the competent body the authority to authorise the construction and commissioning of the security analysis provided for in Annex III, the EC declarations of conformity and the corresponding technical documentation of the safety constituents and subsystems, and shall keep a copy at the installation control centre of the installation.

6. The competent authority shall verify that the security analysis, its summary report and the technical documentation contain all the documents relating to the characteristics of the installation, as well as, where appropriate, all those certifying the conformity of the the safety components and the subsystems. In addition, it shall verify that all documents relating to the necessary conditions, including restrictions on operation, and complete instructions for maintenance, surveillance, adjustment and conservation are available.

Article 13. Marketing.

It will not be possible to prohibit, restrict or impede the construction and commissioning of facilities that comply with the provisions of this Royal Decree.

Article 14. Operating conditions.

The competent bodies shall ensure that only facilities which meet the conditions laid down in the safety report are kept in operation.

CHAPTER V

Safeguarding measures

Article 15. Restrictions on the application of safety components and subsystems.

1. Where it is established that a safety component is provided with the CE marking of conformity, marketed and used in accordance with the intended use, or that a subsystem is provided with the EC declaration of conformity, In order to ensure the safety and health of persons and, where appropriate, the safety of property, all appropriate measures shall be taken to restrict their conditions of use or to prohibit their use. The European Commission shall be immediately informed of the measures taken and the reasons for the decision shall be indicated, specifying whether the lack of conformity is in particular:

(a) Failure to comply with the essential requirements referred to in Annex II.

(b) incorrect application of the European specifications referred to in Article 2 (f), provided that the application of those specifications is invoked.

(c) A deficiency of the European specifications referred to in Article 2 (f).

2. Where a safety component, in spite of the "EC" marking of conformity, does not comply with the requirements laid down for this purpose, the measures which are legally or regulations shall be taken against the person responsible for affixing the marking and the issue of the EC declaration of conformity.

In addition, when a subsystem, despite having the "EC" declaration of conformity, does not accommodate the conditions required for this, the measures against the consignor of the declaration shall be taken.

The body that adopts any of these measures will immediately inform the Ministry of Science and Technology, so that the Ministry of Science and Technology will give the European Commission a reasoned view of the measures taken.

Article 16. Restrictions on the operation of installations.

When it is established that an approved installation and used in accordance with the intended use may endanger the safety and health of the persons and, where appropriate, the safety of the goods, all measures shall be taken necessary to limit the operating conditions of that facility or to prohibit such exploitation.

CHAPTER VI

Notified Bodies

Article 17. Recognition of notified bodies.

1. The Spanish notified bodies responsible for carrying out the conformity assessment procedure provided for in Articles 9 and 11 shall have the status of control bodies referred to in Chapter I, Title III, of the Law. 21/1992, of 16 July, of Industry, developed in Chapter IV of the Regulation of the Infrastructure for Quality and Industrial Safety, approved by Royal Decree 2200/1995 of 28 December, and must meet the criteria set out in the Annex VIII to this Royal Decree. To this end, when applying for accreditation, they shall submit to the National Accreditation Body the information to verify compliance with the criteria set out in Annex VIII, together with the relevant supporting elements.

2. The control bodies referred to in the previous paragraph, once accredited by the National Accreditation Entity, shall direct their applications for authorization to the competent authority of the Autonomous Community in which they commence their activity or radiate their facilities.

3. The competent bodies of the Autonomous Communities shall send to the Ministry of Science and Technology the request for notification of the inspection bodies for the purposes of their action as notified bodies, accompanied by a copy of the authorization granted to those bodies, expressly indicating the tasks for which they have been appointed, for the purposes of their dissemination and eventual communication to the other competent authorities, as well as to the European Commission and the other Member States, subject to the allocation of the corresponding identification numbers by Part of the European Commission.

The authorization resolutions must be published in the "Official State Gazette", in the terms provided for in Article 43.4 of the Regulation of the Infrastructure for Industrial Quality and Safety.

4. The Spanish notified bodies shall be inspected on a regular basis, in accordance with the provisions of the said Regulation on the Infrastructure for Industrial Quality and Safety, for the purpose of verifying that they faithfully fulfil their duties in relation to the with the application of this Royal Decree.

Where it is found that a Spanish notified body no longer meets the criteria set out in paragraph 1, the authorisation shall be withdrawn. The Ministry of Science and Technology, through the Ministry of Foreign Affairs, shall immediately inform the other Member States and the European Commission thereof, for the purpose of cancelling the authorization.

5. In any event, the decisions referred to in the preceding paragraphs shall be the subject of prior consultation of the Ministry of Public Works as soon as the Ministry of Transport has jurisdiction.

6. The Ministry of Science and Technology shall publish, by means of a decision of the competent authority in the field of industrial safety, the list of bodies notified by the Member States of the European Union, indicating their identification numbers and the tasks for which they have been notified, and shall update that list regularly.

CHAPTER VII

CE Conformity Marking

Article 18. Procedure and restrictions.

1. The CE conformity marking shall conform to the model set out in Annex IX.

2. The CE conformity marking must be clearly and visibly affixed to each safety component or, if it is not possible, on a label firmly affixed to the constituent assembly.

3. It shall be prohibited to place marks, signs or inscriptions on the safety components which may lead to confusion as to the meaning and image of the CE conformity marking. Other marks may be affixed, provided they do not reduce the visibility or legibility of the CE marking of conformity.

4. Without prejudice to the provisions of Article 15:

(a) Where it is established that the "EC" conformity marking has been unduly affixed to a constituent, the obligation to adjust that constituent to the constituent shall be the responsibility of the manufacturer or his authorised representative established within the Community. provisions required for the referred "EC" marking set out in this Royal Decree.

(b) Where undue placement persists, the competent body shall take appropriate measures to restrict or prohibit the placing on the market of the safety component or to withdraw it from the market in accordance with procedures laid down in Article 15.

Additional disposition first. The validity of other rules related to the subject matter regulated by this Royal Decree.

The provisions contained in this Royal Decree shall apply without prejudice to the provisions of other rules which may also affect installations, subsystems and safety components, or their use or placing on the market.

Additional provision second. Additional regulations.

The bodies in each competent case may lay down additional requirements to those referred to in Article 7 in order to ensure the protection of persons and, in particular, workers, on the occasion of the use of the appropriate facilities, provided that this does not entail a modification of those installations which contravene the provisions of this Royal Decree.

First transient disposition. Transitional period.

During the period of one year, the marketing of subsystems and safety components, as well as the construction and commissioning of cableway installations, will be permitted in accordance with the regulations. in force at the time of entry into force of this Royal Decree.

Second transient disposition. Existing installations.

If significant features, subsystems or safety components are modified of the facilities that exist prior to the entry into force of this Royal Decree requiring a new commissioning authorization, those amendments and their impact on the assembly as a whole shall comply with the essential requirements laid down in Article 5 (1) of this Royal Decree.

Transitional provision third. Requirements for the construction of new facilities authorized prior to the entry into force of this Royal Decree.

The authorized installations, the construction of which has not been initiated before the entry into force of this Royal Decree, must be in line with the requirements established by the Royal Decree, except that it is exempted from this by being guaranteed a the level of security, which must be sufficiently established in the case.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Royal Decree.

Final disposition first. Basic character.

This Royal Decree is issued under Article 149.1.13.a of the Constitution on the basis and coordination of the general planning of economic activity.

Final disposition second. Limitations to restrictions.

Any resolution restricting or limiting the placing on the market or use of a security constituent or subsystem adopted pursuant to this Royal Decree shall be duly substantiated and shall be notified in a manner the person concerned, indicating the resources against it and the time limits for bringing them together.

Final disposition third. Enabling and regulatory development.

The Ministers of Development and Science and Technology are hereby authorized, within the scope of their respective powers, to lay down the necessary rules for the development and implementation of this Royal Decree, as well as to amend its Annexes where necessary to accommodate them in accordance with Community rules.

The Ministry of Science and Technology shall publish, for information purposes, and through a decision of the competent authority in the field of Industrial Safety, technical specifications or European technical approvals, as references to the harmonised standards which have been published in the Official Journal of the European Communities.

Final disposition fourth. Entry into force.

This Royal Decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid to June 28, 2002.

JOHN CARLOS R.

The Minister of the Presidency,

JUAN JOSE LUCAS GIMENEZ

ANNEX I

Subsystems of an installation

For the purposes of this Royal Decree, an installation consists of the infrastructure and the following subsystems, in which the technical requirements for operation and maintenance will always be taken into account:

1. Cables and cable tweezers.

2. Engine equipment and brakes.

3. Mechanical devices:

3.1 Cable voltage devices.

3.2 Mechanical devices in the stations.

3.3 Mechanical devices on line media.

4. Vehicles:

4.1 Cabins, chairs, and drag devices.

4.2 Hook elements.

4.3 Carros.

4.4 Subject to the cables.

5. Electrotechnical devices:

5.1 Command, control and security devices.

5.2 Communication and Information Facilities.

5.3 Lightning protection devices.

6. Save:

6.1 Fixed salvage devices.

6.2 Mobile Rescue Devices.

ANNEX II

Essential Requirements

1. Introduction.

This Annex defines the essential requirements that apply to the design, construction and commissioning, including the technical requirements for operation and maintenance, of the facilities referred to in paragraph (a). Article 2 of this Royal Decree.

2. General requirements.

2.1 People's safety: the safety of users, workers and third parties is a fundamental requirement for the design, construction and operation of installations.

2.2 Safety principles: any installation shall be designed, constructed, operated and maintained in accordance with the following principles in the order indicated:

a) Eliminate or, failing that, reduce risks by provisions on conception and construction.

b) Define and take the necessary protective measures in the face of risks that cannot be eliminated by the provisions on conception and construction.

(c) Define and make known the precautions to be taken to avoid the risks that could not be eliminated entirely by the provisions and measures referred to in the first and second indents.

2.3 External conditions: any installation must be designed and constructed in such a way that it can be safely exploited taking into account the type of installation, the characteristics of the terrain and the environment, the conditions weather, weather, buildings and possible ground and air obstacles in the vicinity.

2.4 Sizing: Installation, subsystems and all safety components must have the necessary dimensions and be designed and made to safely resist the efforts corresponding to all foreseeable conditions, including those which may occur with the off-duty installation, taking into account, in particular, external actions, dynamic effects and fatigue phenomena, and using the possibilities existing techniques, especially in the choice of materials.

2.5 Assembly.

2.5.1 Installation, subsystems and all safety components must be designed and constructed in such a way as to ensure the safety of the assembly and installation.

2.5.2 Safety constituents must be designed in such a way as to make mounting errors impossible, either by construction or by appropriate markings on the safety components themselves.

2.6 Installation integrity.

2.6.1 Safety constituents must be designed, constructed and able to be used in such a way as to ensure, in all cases, their own functional integrity and/or the safety of the installation as defined in the security analysis referred to in Annex III, in order for a failure to be very unlikely and with an appropriate safety margin.

2.6.2 The installation must be designed and carried out in such a way that during its operation, in the event of any failure of a constituent that may affect the safety, even indirectly, a measure is taken in time appropriate.

2.6.3 The security guarantees referred to in paragraphs 2.6.1 and 2.6.2 must be demonstrated throughout the time interval between two planned verifications of the constituent assembly. The time intervals between the verifications of the safety components shall be clearly stated in the maintenance manuals.

2.6.4 Safety constituents that are integrated as spare parts in an installation must comply not only with the essential requirements of this Royal Decree, but also the requirements concerning compatibility with the other components of the installation.

2.6.5 The necessary arrangements should be made to ensure that the safety of passengers and staff is not compromised by the effects of a fire on the installation.

2.6.6 Special measures should be taken to protect facilities and people from the consequences of lightning.

2.7 Security devices.

2.7.1 Any deficiencies in the installation which may seriously affect safety must be detected, notified and neutralised by means of a safety device, provided that this is feasible. The same goes for any normally foreseeable external problem that could endanger safety.

2.7.2 At any time it should be possible to manually stop the installation.

2.7.3 Once the installation is stopped by a security device, it should not be possible to put it back into operation without taking appropriate action.

2.8 Maintenance requirements: the installation must be designed and constructed in such a way that maintenance and repair work, special or routine, can be carried out safely.

2.9 Effects on the environment: the installation must be designed and constructed in such a way that any internal or external damage or discomfort due to emissions of gaseous pollutants, noise or vibration occurs within the limits allowed by the legislation.

3. Requirements concerning the infrastructure.

3.1 Layout of the lines, speed and distance between vehicles.

3.1.1 The installation must be designed to operate safely and without danger, taking into account the characteristics of the terrain and the environment, the atmospheric and meteorological conditions, the constructions and the obstacles possible ground and air in the vicinity, in such a way as to ensure that there are no harmful effects or risks under any circumstances of their operation or maintenance, or in the case of evacuation of persons.

3.1.2 There must be sufficient distance, both lateral and vertically, between the vehicles, the towed devices, the rails, the cables, etc., and the possible ground and air constructions and obstacles located in The following shall be taken into account for the vertical, longitudinal and lateral movement of the cables and the vehicles, as well as the towed devices, in the most unfavourable operating conditions which may be provided for.

3.1.3 The maximum distance between the vehicles and the ground must be determined taking into account the nature of the installation, the type of vehicle and the procedures for evacuation, as well as the danger of falling in the case of vehicles open and the psychological aspects associated with height.

3.1.4 The maximum speed of the vehicles and the towed devices, as well as the minimum space between them and the acceleration and braking of the vehicles must be fixed in such a way as to ensure the safety of the persons and of the operation of the installation.

3.2 Stations and Line Media.

3.2.1 The stations and line supports must be designed, constructed and equipped to be stable. They shall permit the safe movement and maintenance of any of the cables, vehicles and towed devices under any operating conditions which may be submitted.

3.2.2 The shipping and landing areas of the facility will be arranged in such a way that the passage of vehicles, trawlers and people is safe. The movement of vehicles and towed devices at stations must be capable of being carried out at no risk to persons, taking into account the activity of such vehicles at the installation.

4. Requirements for cables, engine and braking equipment systems, as well as for mechanical and electrical installations.

4.1 Cable and media.

4.1.1 With respect to the cables, all those that allow the most recent technical measures shall be taken to:

a) Avoid the rupture of the cables and their tweezers.

b) Ensure the minimum and maximum effort of the same.

c) Ensure the safety of the mounting of the cables in their supports and avoid derailment.

d) Allow control of the same.

4.1.2 When it is not possible to totally discard the risk of derailment of the cables, measures will be taken to recover the cables and to stop the installation without danger to the people.

4.2 Mechanical installations.

4.2.1 Engine equipment: the capacity and performance of the engine equipment of the installation shall meet the requirements of the different operating modes and conditions.

4.2.2 Emergency engine: the installation must be equipped with an emergency engine whose energy supply must be independent of the main engine.

However, the emergency engine is not required if the safety analysis shows that users can leave the facility, and in particular the vehicles or towed devices, easily, quickly and safely, even in the absence of an emergency engine.

4.2.3 Braking system:

4.2.3.1 In case of emergency, the installation and/or the vehicles must be able to stop at any time, in the most unfavourable conditions regarding weight and adhesion to the pulley that are allowed for their operation. The braking distance shall be as low as necessary for the safety of the installation.

4.2.3.2 The deceleration values shall be adjusted to appropriate limits in such a way as to ensure the safety of the persons and the proper functioning of the vehicles, cables and other parts of the installation.

4.2.3.3 All installations must be equipped with two or more braking systems, each of which must be able to stop the installation; the braking systems must be coordinated in such a way that they can replace automatically to the active system where the effectiveness of the system is insufficient. The final braking braking system of the traction cable shall act directly on the traction pulley. These provisions shall not apply to ski lifts.

4.2.3.4 The installation must be equipped with a stopping and locking device which prevents it from being put back into operation in an unintended manner.

4.3 Command devices: the control devices shall be designed and constructed in such a way as to be safe and reliable and to withstand normal operating efforts, and external factors such as humidity, extreme temperatures or electromagnetic interference and that, even in the event of a handling error, no danger situations occur.

4.4 Communication device: the staff of the installation must have the necessary devices to be constantly in communication and, in case of emergency, inform the users.

5. Vehicles and towed devices.

5.1 Vehicles and towed devices shall be designed and constructed in such a way that, under normal operating conditions, no one can fall or be exposed to other hazards.

5.2 The tweezers of vehicles and towed devices shall be designed and constructed in such a way that, even under the most unfavourable conditions:

a) Do not damage the cable.

(b) They cannot be slid, except in cases where the slip does not have a significant impact on the safety of the vehicle, the tractor or the installation.

5.3 Vehicle doors (in wagons and cabins) must be designed and constructed in such a way that they can be closed, also with latch. The floor and the walls of the vehicles must be designed and constructed in such a way that, in all circumstances, they can withstand the pressure and the efforts made by the users.

5.4 If the presence on board of a driver is required for reasons of security of the holding, the vehicle must be equipped to enable it to perform its functions.

5.5 Vehicles and towed devices and, in particular, coupling elements must be designed and constructed in such a way as to ensure the safety of employees working at the facility, according to the relevant rules and instructions.

5.6 In the case of vehicles equipped with disengaged tweezers, all necessary measures shall be taken to stop, without danger to the users, from the exit, a vehicle whose clutch of the clamp to the cable is incorrect and, on arrival, a vehicle whose disengagement of the clamp would not have occurred and prevent the eventual fall of that vehicle.

5.7 The vehicles of the funiculars and, provided the type of installation so permits, the cable cars, must be equipped with an automatic braking device acting on the rail, when it cannot be excluded. reasonably the possibility of rupture of the traction cable.

5.8 Where the possibility of derailment cannot be ruled out by other measures, the vehicle must be equipped with a device to enable the vehicle to be stopped without danger to persons.

6. Devices for users.

Access to the shipping areas and the departure of the landing zones, as well as the boarding and disembarkation of the users, should be arranged in such a way, as regards the control of the traffic and the parking of vehicles, which can be guaranteed to ensure the safety of persons, especially in places where there may be a danger of falling. For children and persons with limited mobility, the safe use of the facility shall be ensured when the transport of such persons is provided for in the installation.

7. Technical operating requirements.

7.1 Security.

7.1.1 All necessary measures and technical provisions shall be taken to enable the installation to be used for its purpose according to the technical characteristics and the specific operating conditions of the facility and for the relevant rules for the maintenance and safety of the holding may be complied with. The manual of use and the corresponding instructions shall be drawn up in the official language (s) of the territory in which the installation is located.

7.1.2 The persons empowered to operate the facility must have the appropriate material, which must be suitable for this purpose.

7.2 Security in case of detention of the facility: all necessary measures and technical provisions will be taken to ensure the rescue of the users, within a period relevant to the type of installation and the environment of the same, in cases where the installation is stopped and cannot be quickly re-launched.

7.3 Other special provisions concerning security.

7.3.1 Command and operations posts: the mobile elements which can be accessed at the stations must be designed, constructed and installed in such a way as to avoid possible risks and, if any, they must be be fitted with protective devices in such a way as to avoid any direct contact with parts of the installation which may lead to accidents. These devices must not be able to be easily detached or used.

7.3.2 Risk of fall: workplaces and operations, even those used occasionally, and access to them, must be designed and constructed in such a way that people working or travelling in them do not run the risk of falling. Where this is not sufficient, such places shall be provided with points of attachment for personal protective equipment intended to prevent falls.

ANNEX III

Security Analysis

The security analysis referred to in Article 6 (1) of this Royal Decree shall take into account all the intended modes of operation.

This analysis should be carried out in accordance with established or recognised methods and take into account the latest technical developments and the complexity of the installation concerned. It is also intended to ensure with this analysis that the design and construction of the facility takes into account the environment of the facility and the most adverse situations, in order to guarantee a satisfactory degree of safety. This analysis shall also consider the safety devices and their effect on the installation and on the subsystems of the same activated by such devices in such a way as to: be able to react to a first failure or deficiency for maintain the installation, either in a condition that ensures safety, either in a safe mode of operation or in a failsafe stop ('fail safe '), or are sufficient and under control, or are of such a nature that their probabilities of failure can be studied and the level of the failures is comparable to that of the devices (a) security which meets the criteria set out in the first and second indents.

The security analysis shall be used to draw up an inventory of the risks and dangerous situations referred to in Article 6 (1) of this Royal Decree and to establish the list of safety constituents. referred to in paragraph 2 of that Article. The results of the safety analysis shall be summarised in a safety report.

ANNEX IV

Security constituents: compliance statement "CE"

The provisions of this Annex shall apply to the security constituents referred to in paragraph (b) of Article 2 of this Royal Decree, in order to verify compliance with the essential requirements concerning them. laid down in Article 5 (1) and defined in Annex II. The EC declaration of conformity and the accompanying documents shall be dated and signed. It shall be drawn up in the same or the same languages as the manual of use referred to in paragraph 7.1.1 of Annex II.

The EC declaration of conformity shall comprise the following elements:

a) The references of the Royal Decree.

(b) The name, surname, social reason and the full address of the manufacturer or his authorised representative established in the Community; in the case of the representative, the name, surname, social name and name shall also be indicated. and the complete address of the manufacturer.

c) Constituent description (brand, type, etc.).

d) Procedure followed to declare compliance (Article 9 of this Royal Decree).

e) All relevant provisions to which the constituent assembly responds, and in particular the provisions relating to its use.

(f) The name and address of the notified body or bodies involved in the conformity procedure, the date of the EC examination certificate and, where appropriate, the duration and conditions of validity of the certificate.

g) Where applicable, the reference of the applicable harmonised standards.

(h) Personal data of the signatory with the power to sign on behalf of the manufacturer or his authorised representative established in the Community.

ANNEX V

Security constituents: conformity assessment

1. Scope of application.

This Annex shall apply to safety constituents and is intended to verify compliance with the essential requirements referred to in Article 5 (1) of this Royal Decree and defined in Annex II. It shall apply to the assessment by one or more notified bodies of the intrinsic conformity of a constituent, considered in isolation, with the technical specifications to be respected.

2. Procedures.

The assessment procedures applied by the notified bodies, both at the design stage and in the production phase, shall be based on the modules defined in Council Decision 93 /465/EEC, in accordance with the indicated in the table below. The solutions set out in that table are considered to be equivalent and the manufacturer is left with the option of using the one he considers most appropriate.

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Assessing Compliance of Security Constituents

Production Design

1a) Production quality assurance.

1. EC type examination. Module D.

Module B. 1b) Verification of products.

F. Modules

2. Total quality assurance.

H. Module

2. Total quality assurance.

G. Module

3. Verification per unit.

G. Module

3. Verification per Unit G. Module

The modules should be applied taking into account specific additional conditions foreseen in each module.

Module B: EC type examination

1. This module describes the part of the procedure whereby a notified body checks and certifies that a representative of the production in question complies with the provisions of this Royal Decree.

2. The manufacturer, or his authorised representative established in the Community, shall submit the application for the EC type-examination to the notified body which he chooses.

The request will include:

(a) The name, surname and address of the manufacturer and, if the application is submitted by a representative, also the name, last name and address of the latter.

b) A written statement specifying that the same application has not been submitted to any other notified body.

(c) The technical documentation described in paragraph 3.

The applicant shall make available to the notified body a copy of the product representative of the production concerned, hereinafter referred to as 'type'.

The notified body may request other copies if required by the test programme.

3. The technical documentation shall permit the assessment of the conformity of the constituent with the requirements of this Royal Decree. Whenever necessary for such assessment, the technical documentation shall include the design, manufacture and operation of the constituent.

To the extent required for evaluation, this documentation will comprise:

a) A general description of the type.

b) Design and manufacturing plants and schemes of components, sub-assemblies, circuits, etc.

c) The descriptions and explanations necessary for the understanding of these plans and schemes and the functioning of the constituent.

(d) A list of the European specifications referred to in paragraph (f) of Article 2 of this Royal Decree which have been applied, in whole or in part, and a description of the solutions adopted to comply with the essential requirements where the specifications referred to in paragraph (f) of Article 2 of this Royal Decree do not exist.

e) The results of the design calculations performed, the tests performed, etc.

f) Test reports.

The documentation will also indicate the scope of the constituent's use.

4. The notified body.

4.1 Examine the technical documentation, check that the type has been manufactured in accordance with the technical documentation and indicate the elements that have been designed in accordance with the applicable provisions of the European specifications referred to in Article 2 (f) of the Royal Decree and the elements whose design is not supported by the appropriate provisions of those European specifications.

4.2 Realize or make appropriate controls and tests necessary to check if the solutions adopted by the manufacturer meet the essential requirements of this Royal Decree when the specifications (a) the European Union shall not apply to the European Union as referred to in Article 2 (f).

4.3 Realize or make appropriate controls and tests necessary to check, in case

that the manufacturer has chosen to apply the relevant European specifications, if they have actually been applied.

4.4 The applicant shall be agreed to the place where the necessary controls and tests shall be carried out.

5. If the type complies with the provisions of this Royal Decree, the notified body shall issue the applicant with an EC type-examination certificate. This certificate shall include the name and address of the manufacturer, the conclusions of the inspection, the conditions of the certificate and the period of validity of the certificate and the data necessary for the identification of the approved type.

A list of the significant parts of the technical documentation shall be attached to the certificate and a copy shall be kept by the notified body. If the notified body refuses to issue an EC type-examination certificate to the manufacturer, it shall give reasons for its decision in detail. A review procedure should be established.

6. The applicant shall inform the notified body which has the technical documentation concerning the EC type-examination certificate of any modification of the approved constituent which is to receive a new approval, if such amendments affect the conformity with the essential requirements or the intended conditions of use of the constituent element. This new approval shall be issued in the form of a supplement to the original EC type-examination certificate.

7. Each notified body shall communicate to the other notified bodies the relevant information on all the EC type-examination certificates and supplements issued or withdrawn.

8. The other notified bodies may receive copies of the EC type-examination certificates and their supplements. The annexes to the certificates shall be made available to the other notified bodies.

9. The manufacturer or his representative shall keep a copy of the EC type-examination certificates and their supplements together with the technical documentation for a period of at least 30 years from the last date of manufacture of the constituent.

If neither the manufacturer nor his representative is established in the Community, the obligation to keep the technical documentation available shall be the responsibility of the person responsible for placing the constituent on the market Community.

Module D: Production Quality Assurance

1. This module describes the procedure whereby the manufacturer who fulfils the obligations of paragraph 2 ensures and declares that the products in question are in conformity with the type described in the EC type-examination certificate and comply with the requirements of the requirements of this Royal Decree. The manufacturer or his authorised representative established within the Community shall affix the CE marking to each constituent and make a written declaration of conformity. The CE marking shall be accompanied by the identification symbol of the notified body responsible for the surveillance referred to in paragraph 4.

2. The manufacturer shall apply an approved production quality system, carry out an inspection and testing of the finished constituents referred to in paragraph 3 and shall be subject to the surveillance referred to in paragraph 4.

3. Quality system.

3.1 The manufacturer shall, for the constituents concerned, submit an application for the assessment of his quality system to a notified body of his choice.

The request will include:

(a) All relevant information on the category of the constituents concerned.

b) The documentation relating to the quality system.

(c) Where appropriate, the technical documentation of the approved type and a copy of the EC type-examination certificate.

3.2 The quality system shall ensure the conformity of the constituents with the type described in the EC type-examination certificate and with the requirements of this Royal Decree. All the elements, requirements and provisions adopted by the manufacturer shall appear in a systematic and orderly documentation in the form of written measures, procedures and instructions. The quality system documentation shall allow for a uniform interpretation of the programmes, plans, manuals and quality records.

In particular, it will include an appropriate description of:

(a) The quality objectives, the organization chart and the responsibilities and powers of the management staff as regards the quality of the constituents.

b) The manufacturing processes, control techniques and quality assurance techniques and the systematic activities to be carried out.

(c) Tests and tests to be carried out before, during and after manufacture, and the frequency with which they will be carried out.

(d) Quality dossiers, such as inspection reports and test and calibration data, reports on the qualification of the staff concerned, etc.

e) The means to monitor the achievement of the required quality of the constituents and the effective functioning of the quality system.

3.3 The notified body shall evaluate the quality system to determine whether it complies with the requirements referred to in paragraph 3.2. It should be assumed that the quality systems applying the harmonised standard concerned are in conformity with those requirements. The team of auditors shall have at least one member who has experience in the assessment of the technology of the constituent concerned. The assessment procedure shall include an inspection visit to the manufacturer's premises. The decision shall be notified to the manufacturer. The notification shall include the conclusions of the control and the reasoned assessment decision.

3.4 The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it in such a way as to continue to be appropriate and effective. The manufacturer or his representative shall regularly inform the notified body which has approved the quality system of any adaptation provided for therein. The notified body shall assess the proposed amendments and decide whether the modified quality system still complies with the requirements set out in paragraph 3.2 or if a new assessment is required. The notified body shall notify the manufacturer of its decision. This notification shall include the conclusions of the control and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body.

4.1 The aim of monitoring is to ensure that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

4.2 The manufacturer shall allow access by the notified body to the places of manufacture, inspection, testing and storage so that it can make the necessary inspections and provide it with all the necessary information, in special:

a) The documentation on the quality system.

(b) Quality dossiers, such as inspection reports and data on tests and on calibration, reports on the qualification of staff, etc.

4.3 The notified body shall carry out regular audits to ensure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

4.4 In addition, the notified body may carry out unannounced inspection visits to the manufacturer. In the course of such visits, the notified body may carry out or carry out tests in order to verify, if deemed necessary, the proper functioning of the quality system. It shall submit to the manufacturer a report of the visit and, if a test has been carried out, a test report.

5. For at least 30 years from the last date of manufacture of the constituent, the manufacturer shall keep at the disposal of the national authorities:

(a) The documentation referred to in the second subparagraph of paragraph 3.1.

(b) The adaptations referred to in the second subparagraph of paragraph 3.4.

(c) The decisions and reports of the notified body referred to in paragraphs 3.4, 4.3 and 4.4.

6. Each notified body shall communicate to the other notified bodies the relevant information on all approvals of quality systems issued and withdrawn.

Module F: Verification of products

1. This module describes the procedure whereby the manufacturer or his authorised representative established in the Community ensures and declares that the constituents which have been subject to the provisions of paragraph 3 are in conformity with the type described in the "EC" examination certificate of type and meet the requirements of this Royal Decree.

2. The manufacturer shall take all necessary measures to ensure that the manufacturing process ensures the conformity of the constituents with the type described in the EC type-examination certificate and with the requirements of this Royal Decree. The manufacturer or his representative shall affix the CE marking to each constituent and draw up a declaration of conformity.

3. The notified body shall carry out appropriate examinations and tests in order to verify the conformity of the constituents with the requirements of this Royal Decree, by means of the control and testing of each constituent, as specified in paragraph 4, either of the constituents on a statistical basis, as specified in paragraph 5, at the choice of the manufacturer. The manufacturer or his 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 constituent.

4. Verification by control and test of each constituent.

4.1 All constituents shall be individually examined and the appropriate tests defined in the applicable European specifications referred to in paragraph (f) of Article 2 of this Royal Decree, or tests, shall be carried out. equivalent, in order to verify their conformity with the type described in the EC type-examination certificate and with the requirements of this Royal Decree.

4.2 The notified body shall affix or stamp its identification symbol on each approved constituent and shall issue in writing a certificate of conformity concerning the tests carried out.

4.3 The manufacturer or his representative must be able to present the certificates of conformity of the notified body, if required.

5. Statistical verification.

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 constituents will be available for verification in the form of homogeneous lots. A random sample shall be extracted from each batch, the constituents of which shall be individually examined and the appropriate tests shall be carried out in accordance with the European specification or specifications referred to in Article 2 (f) of the Royal Decree, or equivalent tests, for the purpose of verifying compliance with the requirements of this Directive and for determining the acceptance or rejection of the lot.

5.3 The statistical procedure shall consist of the following elements: A statistical method, a sampling plan with its operational characteristics.

5.4 For accepted lots, the notified body shall affix or send its identification symbol to each constituent and issue a certificate of conformity for the tests carried out. All constituents consisting of the lot may be placed on the market, except for those in the sample which have been found to be non-compliant. If a lot is rejected, the competent notified body shall take the necessary measures to prevent the batch in question from being placed on the market. In the case of frequent batch rejections, the notified body may suspend the statistical verification. The manufacturer may, under the responsibility of the notified body, affix the latter's identification symbol during the manufacturing process.

5.5 The manufacturer or his representative must be able to present the certificates of conformity of the notified body, if required.

Module G: Verification Per Unit

1. This module describes the procedure by which the manufacturer ensures and declares that the constituent considered to have obtained the certificate referred to in paragraph 2 meets the requirements of this Royal Decree. The manufacturer or his authorised representative established within the Community shall affix the CE marking to each constituent and draw up a declaration of conformity.

2. The notified body shall examine the constituent assembly and carry out appropriate tests as defined in the applicable European specification or specifications referred to in Article 2 (f) of this Royal Decree or equivalent tests, for verify your compliance with the applicable requirements of this Royal Decree. The notified body shall affix or send its identification symbol to the approved constituent and issue a certificate of conformity for the tests carried out.

3. The technical documentation is intended to allow the assessment of conformity with the requirements of this Royal Decree and the understanding of the design, manufacture and operation of the constituent.

To the extent that is required for evaluation, the documentation will include:

a) A general description of the type.

b) Planes of conceptual design and manufacturing, and schemes of constituents, subsets, circuits, etc.

c) The descriptions and explanations necessary for the understanding of such plans and schemes, and the functioning of the constituents.

(d) A list of the rules referred to in paragraph (f) of Article 2 of this Royal Decree, whether or not they are applied in whole or in part, and a description of the solutions adopted to satisfy the essential requirements, if not the European specifications referred to in Article 2 (f) have been applied.

e) The results of the calculations made for the project, the tests carried out, etc.

f) Test reports.

g) The scope of the constituents.

H Module: Total Quality Assurance

1. This module describes the procedure whereby the manufacturer who fulfils the obligations set out in paragraph 2 ensures and declares that the constituents concerned meet the requirements of this Royal Decree. The manufacturer or his authorised representative established within the Community shall affix the CE marking to each constituent and make a written declaration of conformity. The CE marking shall be accompanied by the identification symbol of the notified body responsible for the control referred to in paragraph 4.

2. The manufacturer shall apply an approved quality system for the design, manufacture, final inspection of constituents and tests, as specified in paragraph 3, and shall be subject to the control referred to in paragraph 4.

3. Quality system.

3.1 The manufacturer shall submit an application for the assessment of his quality system to a notified body.

The application shall include: all relevant information according to the category of constituent that is considered, the documentation relating to the quality system.

3.2 The quality system will ensure the conformity of the constituents with the applicable requirements of this Royal Decree. All elements, requirements and provisions adopted by the manufacturer shall be included in the documentation in a systematic and orderly manner in the form of written measures, procedures and instructions. The documentation of the quality system will allow for a uniform interpretation of the procedural and quality measures, such as programmes, plans, manuals and quality dossiers. In particular, such documentation shall include an appropriate description of:

(a) The quality objectives, the organization chart and the responsibilities of the management staff and their responsibilities with regard to the quality of the design and the quality of the constituents.

(b) The technical specifications of the design, including the European specifications referred to in paragraph (f) of Article 2 of this Royal Decree to be applied and, where the European specifications do not apply in their all the means that will be used to meet the essential requirements of this Royal Decree that are applicable to the constituents.

(c) The techniques of design verification and verification, processes and systematic activities to be carried out in the design of constituents that are part of the category covered in constituents.

d) The corresponding techniques of manufacturing, quality assurance and quality assurance, and the systematic activities and processes to be used.

e) The checks and tests to be carried out before, during and after manufacture, as well as the frequency of manufacture.

(f) Quality dossiers, such as inspection reports and test and calibration data, reports on the qualification of the staff concerned, etc.

g) The means to control the obtaining of the desired quality as regards the design and the constituent, as well as the effective functioning of the quality system.

3.3 The notified body shall evaluate the quality system to determine whether it meets the requirements set out in paragraph 3.2. It will of course give the quality systems that apply the relevant harmonised standards to meet those requirements. The team of auditors shall have at least one member who has experience, as an advisor, in the assessment of the technology concerned. The assessment procedure shall include a visit to the manufacturer's premises. The decision shall be notified to the manufacturer. The notification to the manufacturer shall include the conclusions of the control and the reasoned assessment decision.

3.4 The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it in such a way as to continue to be appropriate and effective. The manufacturer, or his representative, shall keep the notified body which has approved the quality system informed of any project to adapt it. The notified body shall assess the proposed amendments and decide whether the modified quality system still complies with the requirements specified in paragraph 3.2, or whether a new assessment is necessary. The notified body shall notify the manufacturer of its decision. This notification shall include the conclusions of the control and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body.

4.1 The aim of the surveillance is to ensure that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

4.2. The manufacturer shall authorise the notified body to have access, for inspection purposes, to its design, manufacturing, inspection, testing and storage facilities and shall provide it with all the necessary information, in particular:

a) The documentation on the quality system.

(b) The quality records provided for the design phase of the quality system, such as the results of the analyses, calculations, tests, etc.

(c) The quality records provided for by the part of the quality system dedicated to manufacturing, such as inspection reports and test data, calibration data, reports on the qualification of personnel corresponding, etc.

4.3 The notified body shall carry out regular audits to ensure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

4.4 In addition, the notified body may carry out unannounced inspection visits to the manufacturer. In the course of such visits, the notified body may carry out or carry out tests to check, if necessary, that the quality system is working correctly. That body shall provide the manufacturer with an inspection report and, where tests have been carried out, a test report.

5. The manufacturer shall have at least 30 years at the disposal of the national authorities from the last date of manufacture of the constituent:

(a) The documentation referred to in the second subparagraph (b) of paragraph 3.1.

(b) The adaptations referred to in the second subparagraph of paragraph 3.4.

(c) The decisions and reports of the notified body referred to in paragraphs 3.4, 4.3 and 4.4.

6. Each notified body shall communicate to the other notified bodies the relevant information concerning approvals of quality systems issued and withdrawn.

7. Supplementary provisions: design control.

7.1 The manufacturer shall submit a design control application to a notified body.

7.2 The application shall be made in such a way as to enable the design, manufacture and operation of the constituent to be understood and to assess its conformity with the requirements of this Royal Decree.

The request will include:

(a) The technical specifications of the design, including the European specifications referred to in paragraph (f) of Article 2 that have been applied.

(b) The necessary demonstrative evidence of their suitability, in particular when the European specifications referred to in paragraph (f) of Article 2 of this Royal Decree have not been applied in full. These demonstrative tests shall include the results of the tests performed in the appropriate laboratory of the manufacturer or on behalf of the manufacturer.

7.3 The notified body shall examine the application and, where the design complies with the requirements of this Royal Decree, issue an "EC" examination certificate of design to the applicant. The certificate shall include the results of the examination, its conditions of validity, the data necessary for the identification of the approved design and, where appropriate, a description of the functioning of the constituent.

7.4 The applicant shall keep the notified body that has issued the design examination certificate informed of any modifications to the approved design. The notified body which issued the EC design examination certificate shall sanction the approval of the proposed amendments in cases where the changes may affect compliance with the essential requirements. referred to in Article 5 (1) of this Royal Decree or with the conditions laid down for the use of the constituent.

This supplemental approval will be in the form of an appendix to the design "CE" examination certificate.

7.5 Each notified body shall communicate to the other notified bodies the relevant information on:

(a) The "CE" examination certificates of design and the supplements issued.

b) The design "CE" examination certificates and the withdrawn supplements.

c) Design "CE" examination certificates and add-ons denied.

ANNEX VI

Subsystems: compliance statement "CE"

This Annex applies to the subsystems referred to in Article 10 of this Royal Decree in order to ensure that they meet the essential requirements referred to in paragraph 1 of this Regulation. Article 5. The EC declaration of conformity shall be issued by the manufacturer or his authorised representative established in the Community or, where that person is not available, by any natural or legal person who places the subsystem in question on the market. The declaration and the technical documentation accompanying the declaration shall be dated and signed.

This declaration, together with the technical documentation, shall be in the same language as the manual of use referred to in paragraph 7.1.1 of Annex II and shall include the following information:

a) The reference of this Royal Decree.

(b) The name, surname and address of the person who has applied for the "EC" examination, (c) The description of the subsystem.

(d) The name and address of the notified body which carried out the "EC" examination referred to in Article 11 of this Royal Decree.

e) All relevant provisions to which the subsystem is to be adjusted, in particular, where appropriate, the restrictions or operating conditions.

(f) The result of the "EC" examination referred to in Annex VII (EC examination certificate of conformity).

g) The identification of the person with powers to sign a declaration of obligation on behalf of the manufacturer, his representative or, where this person is not available, the natural or legal person who market the subsystem.

ANNEX VII

Subsystems: conformity assessment

1. The 'EC' examination is the procedure whereby a notified body, at the request of the manufacturer or its representative established in the Community or, where that person is not available, of any natural or legal person who takes up the responsibility for marketing the subsystem, verifies and certifies that the subsystem:

a) Complies with the provisions of this Royal Decree and the other provisions applicable to it under the Treaty.

b) It is in accordance with the technical documentation and is finished.

2. The verification of the subsystem shall be carried out at each of the following stages: Project, construction and testing of reception of the manufactured subsystem.

3. The technical documentation accompanying the examination certificate shall consist of the following:

(a) Planes and calculations of the constructions, electrical and hydraulic schemes, diagrams of the control circuits, description of the computer and automatic systems, operating and maintenance instructions, etc.

(b) A list of the security constituents referred to in Article 7 of the Royal Decree and which are used in the subsystem concerned.

(c) Copies of the "EC" declaration of conformity in accordance with the provisions of Annex IV with respect to safety components, accompanied by the corresponding construction plans and a copy of the reports of all the tests and controls carried out.

4. Documents and correspondence relating to the EC examination procedures shall be drawn up in the same language or languages as the manual of use referred to in paragraph 7.1.1 of Annex II.

5. Control.

5.1 By means of control it must be ensured that, during the construction of the subsystem, the obligations imposed by the technical documentation are met.

5.2 The notified body responsible for the "EC" examination shall have permanent access to the manufacturing workshops, storage areas and, where appropriate, pre-manufacturing, testing facilities and, in general, all the places it deems necessary for the performance of its mission. The manufacturer or his/her representative or, where that person is not available, the natural or legal person who takes responsibility for marketing the subsystem, must send him or send him all the documents necessary for it, in the plans and the technical documentation relating to the subsystem.

5.3 The notified body responsible for the "EC" examination will periodically carry out "audits" to ensure that the provisions of this Royal Decree are complied with. At each visit, it will provide an audit report to the professionals responsible for the construction. You may also require that you be consulted at various stages of the work.

5.4 In addition, the notified body may carry out unannounced visits to the manufacturing workshops.

During these visits, the notified body may carry out full or partial "audits", and shall draw up a report of the visit and, where appropriate, deliver an audit report to the professionals responsible for the audit. construction.

6. Notified bodies shall publish regularly the relevant information with regard to:

a) All "CE" examination requests received.

(b) All "EC" examination certificates issued.

c) All "CE" examination certificates denied.

ANNEX VIII

Minimum criteria to be met by notified bodies

1. The body, its director and the staff responsible for carrying out the verification operations shall be persons other than the designer, the manufacturer, the supplier or the installer of the safety components or subsystems which they control, and other than the representative of any of these persons, the natural or legal person who places such security constituents or these subsystems on the market.

They may not intervene directly or as representatives in the design, manufacture, construction, marketing, maintenance or operation of such safety constituents or subsystems. This, however, does not preclude the possibility for the manufacturer to exchange technical information with the notified body.

2. The notified body and the staff responsible for the control shall carry out the verification operations with the maximum degree of professional integrity and technical competence; they shall not be subjected to any pressure, nor shall they be subjected to to provide for no incentive, in particular economic, which may influence their judgment or the results of the monitoring, in particular by persons or groups of persons who are interested in the outcome of the verifications.

3. The notified body must have the necessary personnel and means to be able to carry out the technical and administrative tasks related to the verification work properly; it must also have access to the equipment required for the verification. for exceptional verifications.

4. The staff responsible for the checks must have:

a) Strong technical and professional training.

b) A satisfactory knowledge of the requirements of the controls carried out and an appropriate experience in such controls.

(c) The aptitude required to draw up the certificates, minutes and reports necessary to certify the checks carried out.

5. The independence of the staff responsible for monitoring must be ensured. Their remuneration should not be established on the basis of the number of checks carried out or on the results of such checks.

6. The notified body must take out insurance to cover the civil liability which may result from the failure to comply with the obligations under this Royal Decree.

7. The staff of the agency shall be obliged to observe the professional secrecy in relation to all the information obtained in the performance of their duties in the framework of this Royal Decree or of the rules laid down for its development.

Such professional secrecy shall not, however, exist in relation to the competent administrative bodies in the field of cable transport.

ANNEX IX

CE Conformity Marking

The CE conformity marking shall be composed of the initials "CE" according to the following model:

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If the size of the CE marking is reduced or increased, the proportions of this logo should be retained. The different elements of the CE marking must have an appreciably equal vertical dimension, which shall not be less than 5 mm. Exceptions to the minimum dimension are allowed in the case of small security components. The CE marking shall be followed by the last two digits of the year in which it has been affixed and the identification number of the notified body involved in the procedures referred to in Article 9 (3) of this Regulation. Decree.