This order contains the implementing provisions of the LICa, as well as the implementing provisions of the LTV relating to cable facilities. It includes provisions on: ¹

A.

The construction of cable installations for the benefit of a federal concession, namely the procedure for approving the plans and the granting of the concession;

B.

The authorisation to operate, the organisation of the operation, the staff and the technical direction, the operation and maintenance, and the dismantling of the facility;

C.

Monitoring;

D. ²

Conformity assessment bodies, conformity assessment procedure and expert requirements.

This order applies to all cable installations covered by the LICa.

¹ The Small cable installations Are cable installations allowed for the transport of up to eight persons per direction.

² Acts as a professional person who transports passengers to gain a gain.

³ Construction elements that are important to safety are construction elements whose failure or dysfunction compromises the safety or health of individuals.

⁴ A Security component Is an important construction element for the safety of a sub-system of the facility (s. 1, para. 5, of Directive 2000 /9/EC [EU Directive on Cable Facilities] ² ).

⁵ Subsystems are the systems referred to in Annex I of the EU Directive on Cable Facilities.

⁶ THE Infrastructure Includes line layout, system data, and station and line structures, including foundations (s. 1, para. 5, EU Directive on Cable Facilities).

⁷ Are considered as Identifying activities for security :

A.

The necessary measures in the event of a breakdown or accident;

B.

Cabins' driving and monitoring;

C.

Monitoring of entraining and deplaning;

D.

Evacuation.

⁸ The Ski lift Include high cable and low-cable facilities.

⁹ THE Cable transportation company Is the holder of the authorization to operate.

¹ Cantonal authorization is required for the construction and operation of the following facilities:

A.

Ski lifts;

B.

Small cable systems;

C.

Other facilities, if they are not subject to the travel concession regime.

² In order to certify security, the authority issuing the authorization shall be presented with the documents referred to in s. 12 and Annex 1.

³ The authority issuing the authorisation shall assess safety by carrying out the checks referred to in Annex 2.

⁴ Unless otherwise provided by the LICa and the EU Cable Facilities Directive ² , the cantons may issue complementary and derogatory provisions.

¹ Cantonal authorization is required for the transportation of persons referred to in s. 7, para. 1 and 2, LTV with the following facilities:

A.

Ski lifts;

B.

Small cable facilities without a service function;

C.

Other facilities dedicated to the carriage referred to in s. 7 of the Order of 4 November 2009 on passenger transport (OTV) ² .

² The authorisation may not be granted:

A.

If important public interests of the Confederation, in particular those of land use planning, forests, the protection of nature and the landscape, the environment or national defence, are opposed; or

B.

If the facility competors substantially with the concessionaires.

³ As a general rule, the authorisation is granted at the same time as the authorisation to construct. It shall be granted at the latest with the authorisation to operate.

¹ Cable cars, elevators, ski lifts and similar cable car installations, as well as their infrastructure, safety components and subsystems must meet the essential requirements Mentioned in Annex II of the EU Directive on Cable Facilities ¹ . ²

² The competent authority may approve requests for approval of plans or authorisation to construct and operate on the basis of the requirements and standards applicable at the time of receipt of the complete application package. ³

³ Security components and subsystems may be placed on the market when they meet the essential requirements.

¹ In order to clarify the essential requirements, the Federal Department of the Environment, Transport, Energy and Communication (DETEC) may lay down requirements for the construction, operation and maintenance of installations. Cables and their infrastructure, excluding the security components and subsystems.

² The requirements to be applied by the Confederation and the cantons are laid down by the DETEC, if possible with the agreement of the technical control body of the IATTC. The agreement of the latter is necessary when the DETEC lays down requirements applied exclusively by the cantons.

In order to certify that a cable installation, despite a derogation from a technical standard, meets all the essential requirements, it is necessary to prove, by means of a risk analysis, that, overall, the derogation does not increase Risk.

¹ High mountains and glaciers can only be developed if they are close to major tourist resorts and have major assets.

² New territories can only be developed if their locations have above-average benefits.

³ The particularly valuable landscapes should not be highlighted.

¹ If possible with the agreement of the technical control body of the IATTC, the DETEC lays down guidelines for the manufacture, control, assembly and maintenance of cables.

² The Federal Transportation Agency (OFT) recognizes cable control services for destructive and non-destructive cable reviews. The service that is accredited as such is recognized.

³ If possible with the agreement of the technical control body of the IATTC, the DETEC determines the cases in which a recognized cable control body is to be consulted.

¹ The collection of data for public transport statistics is governed by the Order of 30 June 1993 on the implementation of the federal statistical statements ¹ .

² The operating and traffic benefits may be published as well as the number of staff of the cable transport undertakings.

¹ At the same time as the request for approval of the plans, it is necessary to submit to the OFT:

A. ¹

With regard to security, the documents provided for in Annex 1;

B.

For cable installations with more than eight seats per transport unit, documents relating to accessibility for persons with disabilities;

C. ²

For new construction, replacement facilities and amendments referred to in s. 2 of the order of 19 October 1988 on the study of environmental impact ³ , a report on the environmental impact as referred to in Art. 10 B The Act of 7 October 1983 on the protection of the environment ⁴ ;

D.

A report that the project was coordinated with land use planning, including compliance with management plans and assignment plans;

E.

Proof that the rights necessary for the construction and exploitation have been acquired or that their grant has been granted;

F.

Documents necessary to assess compliance with other defining requirements;

G.

The grant application.

² The documents referred to in para. 1 shall enable the OFT to determine whether the requirements are met and whether the conditions of the authorisation or grant are fulfilled. They shall indicate any derogations from the technical standards.

³ The OFT may waive certain documents if they are not indispensable because of the type of installation or the circumstances of the particular case.

⁴ In the case of simplified procedures, the OFT shall determine the documents to be submitted on a case-by-case basis.

⁵ If the documents are incomplete or incomplete, the OFT grants the applicant the opportunity to complete them. ⁵

¹ The safety report is based on a safety analysis as referred to in s. 4 and Annex III of the EU Directive on cable installations ¹ , an analysis that takes into account the risks that may affect construction and operation; in this context, consideration must be given to all the critical aspects for the safety of the facility and its environment. ²

² The safety report shall indicate the measures envisaged to deal with the risks and ensure that the planned installation will comply with the requirements and that the safety record (Art. 26) may be presented.

³ It must contain a list of all security components, all subsystems included in the installation, and all components of the installation infrastructure that are important to security. ³

¹ The following requirements apply to picketing:

A.

The surfaces used for compensation measures in accordance with Art. 18 of the Federal Act of 1 ^Er July 1966 on the protection of nature and the landscape ² Must be reported;

B.

The outer edges of buildings and works of art belonging to the facility must be reported by profiles; outside of the residential areas, towers are marked only by a picketing of their location and corner points Of their foundations.

² Outside residential areas, the OFT may require that tower height be reported.

The applicant shall bear the costs of publishing the application in the official press bodies of the cantons and municipalities.

¹ As a general rule, the OFT processes the request for approval of the plans and the request for a grant within the following time limits:

A.

9 months for the approval procedure for the regular plans;

B.

18 months when expropriations are required;

C.

3 months for the simplified procedure.

² The processing time begins as soon as the OFT has obtained the complete documentation in support of the application.

As part of the approval process for the plans, the OFT evaluates the documents as follows:

A.

In order to examine safety, it shall carry out the checks provided for in Annex 2.

B.

It checks whether the other requirements are met.

The OFT may make the approval of the plans conditional upon five years, at the latest, after the commissioning of the facility, if the measures ordered to protect the environment have been implemented in the rules of the art.

¹ ... ¹

² By approving the plans, the OFT may authorize the construction of the facility or parts thereof to commence immediately: ²

A. ³

There are no outstanding objections;

B.

If the canton concerned and the specialised services of the Confederation have not raised objections, and

C.

If the beginning of construction does not cause irreversible changes.

The applicant may request that the OFT make a preliminary ruling on partial aspects of the application for approval of the plans if there is a justified interest in the matter.

¹ A concession may be granted only if the undertaking satisfies the conditions of concession.

² The applicant must certify that he has all the rights required to use the channels of communication.

³ In order to evaluate the offer, it must provide, in order to prove:

A.

The opportunity of the offer, indications of the type, location, transport delivery and accessibility of the facility;

B.

The financial viability of the offer, indications on:

1.

The expected request,

2.

The application required to cover operating costs;

3.

Existing and planned tourism equipment in the area of the proposed offer,

4.

Anticipated funding,

5.

The expected economic outcome,

6.

Cover the costs of maintenance and depreciation of buildings, installations and vehicles;

C.

The absence of conditions of competition prejudicial to the national economy, indications on:

1.

The type and use of the current offer of transport in the territory in question,

2.

The potential significant harm that the new offer could cause to the current offer of transportation.

⁶ It must ensure compliance with the legal provisions.

¹ The applicant submits the grant application to the OFT at the same time as the application for approval of the plans.

² The following documents must be attached to the application for the first grant of a grant:

A.

A calculation of profitability with an investment and funding plan, including evidence of funding;

B.

A forecast profit and forecast account for the next five years;

C.

Management reports for the past five years;

D.

Other documents required to assess the terms and conditions of tenure.

³ The OFT shall, on a case-by-case basis, determine which documents are required in accordance with para. 2, let. D.

⁴ It defines on a case-by-case basis the number of copies of the application to be submitted in paper form and the extent to which the application is to be submitted in electronic form.

⁵ The provisions of Art. 11, para. 3 and 5, apply by analogy.

Consultation with the cantons and interested circles takes place as part of the procedure for approval of the plans.

¹ The grant shall be granted or renewed for a period of 25 years.

² It may be granted or renewed for a shorter period, in particular if the applicant so requests, or if it is foreseeable that the conditions of concession will be fulfilled for less than 25 years.

¹ The request for renewal of the grant must be submitted to the OFT no later than three months before the date of expiry of the grant.

² The concession may be renewed if it results from the current knowledge of the modifications of the cable installation in question or its environment that no overriding public interest exists.

³ The OFT shall consult the applicant and the cantons concerned in this regard.

⁴ The cantons shall inform the OFT of all circumstances which may affect the assessment of public interests, in particular the changes in the spatial planning which have taken place since the grant of the concession.

⁵ The OFT shall determine on a case-by-case basis the scope of the documents to be submitted in support of the application.

¹ The concession may be amended on the conditions applied when it is granted.

² The OFT shall determine on a case-by-case basis the scope of the documents to be submitted in support of the application.

³ The increase in the transport capacity of less than 30 % and less than 300 persons does not require any modification of the concession.

⁴ For a maximum of one year, the provision of transport may be carried out in whole or in part by means of a different means of transport than that provided for in the concession without having to be amended. On request, the OFT may extend this period. ¹

With the approval of the former holder, the OFT may, on request, transfer the grant to another person if it meets the conditions laid down for the grant of the concession.

¹ The concessionaire may transfer certain rights and obligations, in particular the performance of the races, to a third party subject to an operating contract.

² He remains responsible to the Confederation for the fulfillment of obligations.

³ If the transfer of rights and obligations relates to an offer of transport co-financed by the public authorities, the requirements for the presentation of the accounts referred to in Art. 35 LTV is also applicable to the company mandated.

⁴ At the request of the OFT, the operating contracts must be presented to the OFT for information.

¹ At the request of the concessionaire, the concession may be cancelled. The obligations to transport, schedule and operate remain until the cancellation of the concession.

² The grant is withdrawn when the conditions for its grant are no longer fulfilled. It may be withdrawn when the authority to operate has been revoked.

³ The concession expires:

A.

In its term;

B.

In case of cancellation;

C.

In the case of withdrawal;

D.

In the case of revocation;

E.

Three years after the expiry of the authorization to operate.

¹ The cantons concerned must be consulted before renewal, modification, transfer and withdrawal or revocation of the concession.

² Consultation of municipalities is the responsibility of the cantons.

¹ The OFT shall determine the official designation of the undertaking and its initials in agreement with the undertaking.

² The use of this designation and initials is binding when the schedules and rates are published.

¹ The applicant must prove that the cable installation meets the essential requirements and complies with the other requirements.

² To this end, it must:

A.

Provide the necessary certifications of compliance (s. 28) and expert reports (art. 29);

B. ¹

Prove that the facility was constructed, converted or modified in accordance with the requirements (s. 30);

C.

To present the documents listed in Annex 3 in addition.

An independent body shall monitor whether the construction elements that are important for safety are in accordance with the essential requirements. This body shall issue a certificate of conformity or an expert report.

¹ A certificate of compliance is required for:

A.

All safety components;

B.

All subsystems.

² The certificate of compliance for a subsystem must include the technical documentation provided for in s. 10, para. 3, and Annex VII, c. 3, of the EC Directive on cable installations ¹ . These include:

A.

Declarations and certificates of conformity of the safety components of the subsystem concerned;

B.

An overall subsystem plan that highlights the possible locations of the security components within the subsystem;

C. ²

A list of characteristics that determine the scope of use of the subsystem;

D.

Operating and maintenance requirements or requirements for their development.

¹ Expert reports are required at least to control:

A.

The use agreement and the basis of the project;

B.

Interfaces between subsystems, as well as between subsystems and infrastructure;

C.

Evidence of structural safety, fatigue resistance, and fitness for the construction elements of the infrastructure that are important to safety.

² When drawing up the expert reports referred to in para. 1, let. A, the conclusions drawn from the expert opinions on environmental influences should be taken into account. ¹

³ During transformations and modifications, expert reports are required only:

A.

For the converted or modified part of the facility;

B.

To the extent that the processing or alteration may affect the remainder of the facility or its operation. ²

¹ The applicant must prove and submit to the authority issuing the authorization a declaration certifying that the cable system as a whole:

A.

Has been performed in accordance with the requirements; and

B.

Can be operated safely.

² He may base his statement on the declarations of the manufacturers.

³ It must prove and present to the authority issuing the authorisation the declarations of the manufacturers certifying that they have been carried out in accordance with the requirements:

A.

The safety components referred to in Annex IV of the EU Directive on cable installations ² ; and

B.

The subsystems referred to in Annex VI of the EU Directive on Cable Facilities.

¹ When the project is amended prior to the granting of the authority to operate, the affected documents must be resubmitted in an updated form.

² In the case of project modifications, the approval authority decides whether and to what extent a new procedure for approval of plans or a new cantonal authorisation procedure is to be carried out.

¹ The authority issuing the authorisation shall monitor whether all the documents required for the security file have been submitted.

² It is controlled by risk-based survey:

A.

Expert reports;

B.

If the construction elements that are important for safety and subsystems are used in accordance with their destination;

C.

If the installation, as performed, meets the essential requirements.

Prior to the granting of permission to operate, only persons who participate in construction or testing may be transported. This requires the authorisation of the manufacturers.

¹ Prior to the granting of the authorisation to operate, the date of the operation may be communicated to the public only if it is indicated that the authorisation to operate has not yet been issued. ¹

² The announcement does not bind the authority issuing the authorization.

¹ If the cable transport undertaking intends to make alterations or modifications of the cable installation or essential modifications to its operation, it shall submit a request to the authority which Issues the authorization.

² The authority issuing the authorisation shall inform the applicant of the procedures to be carried out and the documents to be submitted.

³ Approval of plans or authorization to operate new or renewed is required when the changes or modifications of the cable installation or the essential modifications of the operation are not covered by Approval of existing plans or authorization to operate.

¹ Where an important construction element for safety is replaced by an element of the same type, the operator shall prove that the construction element has been carried out in accordance with the requirements.

² A declaration of conformity by the manufacturer for that element and, if necessary, a certificate of conformity or a valid expert report, as well as the documents which prove verifiably that it is a proof of conformity, shall be considered as proof of conformity. Element of same type. ¹

¹ The authority issuing the authorization is risk-based if the documents submitted under s. 56 or the finding resulting from monitoring under s. 59 contain concrete indicators to conclude an infringement of the duty of care referred to in s. 18 LICa.

² The renewal application is not subject to the requirement to provide evidence on the state of the installation.

³ The authority issuing the authorisation shall renew the authorisation to operate where there is no breach of the duty of care or reason for revocation.

⁴ The authorisation to operate shall be renewed until the expiry of the concession, if the applicant does not ask for anything else or that a shorter period of time does not arise from the conclusions of the security monitoring.

¹ On request, the authority issuing the authorisation may transfer the authorisation to operate to another person if it meets the conditions for granting such authorisation and if the former holder agrees.

² The holder of the authorisation shall not be entitled to entrust the operation to a third party.

¹ The authorization to operate may be cancelled at the request of the holder.

² It may be revoked in accordance with the condition set out in s. 60, para. 3.

³ It expires:

A.

In its term;

B.

In case of cancellation;

C.

In the case of revocation;

E.

Three years after the cessation of regular and professional exploitation. ²

¹ The cable company is responsible for the safety aspects of the operation and maintenance of the cable installation.

² The organisation of operation and maintenance (operating organisation) of the cable installation must be adapted to the size, the technical characteristics and the risks inherent to the site of the installation, and to guarantee The irreproachable performance of tasks.

¹ The cable company must demonstrate that, under all eligible operating conditions, an evacuation can be carried out at any time, safely and in a timely manner.

² It shall carry out ad hoc exercises to the extent required at least once a year.

¹ Operation and maintenance can only be entrusted to trained personnel, who are controlled in terms of their ability and familiarity with the cable installation and operation.

² In the presence of concrete indicators, the cable transport companies check the health of the staff in charge of important tasks for safety.

³ The staff complement shall be sufficient to ensure the safe operation and maintenance of the requirements.

⁴ ... ¹

¹ Technical leaders and their alternates shall have the knowledge and experience of the operation necessary for the use and maintenance of buildings, installations and vehicles.

² Before they can carry out their duties in the undertaking, they must be recognised by the competent supervisory authorities.

³ The technical chief assumes operational responsibility for the important aspects for the safety of the operation and maintenance of the cable installation to the extent that the cable company has given it ad hoc expertise And has provided it with the necessary resources.

⁴ In the event of breakdowns or accidents, the technical chief or his or her alternate shall take the necessary measures.

⁵ The technical chief shall assign to the operation and maintenance staff committed to that effect and prove that the latter is sufficiently trained. Designation and evidence must be updated as it becomes available.

⁶ The technical chief may entrust the operational responsibility to an alternate only to the extent that he has sufficient training and experience to carry out the activities in question.

⁷ The regulatory performance of the tasks transferred to the technical chief must not prejudice the working conditions of the technical chief.

⁸ The duties of chief technical officer and chief operating officer may be performed by a single person.

¹ The DETEC enacts, for cable installations subject to the federal approval of plans and authorization to operate, requirements for the training of technical chiefs and their alternates after consultation with the OFT, The technical control body of the IATTC and the Swiss Remontees Association.

² The cantons enact, for cable installations subject to the cantonal authorisation system to construct and operate, requirements for the training of technical chiefs and their alternates after consultation with the body of Technical control of the IATTC and the Swiss Remontees Association.

¹ The cable company shall appoint a technical chief and at least one alternate, and shall advertise these persons to the competent supervisory authorities.

² It shall ensure that the technical chiefs and their alternates have the required knowledge in their field of activity on a long-term basis; they shall ensure, inter alia, that they are kept informed of the rules of art and of the requirements and standards Applicable.

¹ The supervisory authority shall, for an indefinite period, prohibit the exercise of the activity of technical chief or alternate technical chief to a person:

A.

Whose physical or psychological capacity no longer allows it to carry out a decisive activity for security;

B.

Suffers from an addiction that excludes the ability to exercise a critical security activity;

C.

Whose conduct does not guarantee that it will comply with the requirements during the exercise of a decisive activity for safety.

² It shall revoke recognition where the circumstances giving rise to the withdrawal of such recognition are sustainable.

If a person exercising a decisive security activity considers that his or her capacity to carry out the activity is reduced in such a way that it can no longer guarantee security, it must:

A.

Give up immediately any decisive activity for security;

B.

Announce it immediately to its superior.

¹ The undertaking shall prohibit a person in charge of safety-determining activities from carrying on such activities if that person is unable to provide service as a result of a physical or mental illness or disability, Alcoholism, other addiction, or other reasons.

² Employees of a business must not leave a person unable to provide the service to perform a safety-related activity.

¹ The inability to provide service due to alcohol (alcohol status) is considered to be proven when a person performing a critical safety activity presents:

A.

A blood alcohol level of 0.50 per thousand or more; or

B.

A quantity of alcohol in the body causing a blood alcohol level of 0.50 per thousand or more.

² A blood alcohol level of 0.80 per thousand or more is considered to be characterized within the meaning of s. 87, para. 1, Federal Act of 20 December 1957 on Railways (LCdF) ¹ .

³ The inability to provide service due to narcotic drugs shall be considered to be proven when one of the following substances is detected in the blood of a person engaged in a controlling activity for the safety and attained the stated values:

A.

Cannabis (tetrahydrocannabinol) 1.5 µ g/L

B.

Heroin/morphine (free morphine) 15 µ g/L

C.

Cocaine 15 µ g/L

D.

Amphetamine 15 µ g/L

E.

Methamphetamine 15 µ g/L

F.

MDEA (methylenedioxyethylamphetamine) 15 µ g/L

G.

MDMA (methylenedioxymethylamphetamine) 15 µ g/L

⁴ The OFT enacts a directive on the detection of these substances.

⁵ For those who can demonstrate that they are consuming one or more substances listed in s. 3 on a medical prescription, the inability to provide service is not considered to be proven by the detection of these substances alone.

⁶ The cable transport undertaking may lay down stricter rules on the consumption of alcohol, which are the subject of labour law.

¹ Services referred to in s. 18 A LICa in relation to s. 84 LCdF ¹ Are competent to control the ability to provide the service.

² The employees of these services must meet the following conditions:

A.

They must have been trained for this activity;

B.

They must be part of the same cable transportation business as the person to be controlled;

C.

At least one of them must be available during business hours;

D.

They must not be subject to recusal grounds within the meaning of s. 10 of the Federal Act of 20 December 1968 on administrative procedure ² .

³ The staff of these services must be able to attest to the competences assigned to them.

For the control of the capacity to provide the service, shall apply mutatis mutandis, in addition to art. 47 B At 47 E , art. 17 to 25 of the order of 4 November 2009 on the decisive activities for safety in the railway sector ¹ .

¹ The facility cannot be operated unless:

A. ¹

If the technical chief or an alternate is reachable at any time and is guaranteed that he or she can proceed to the site of the installation in one hour;

B. ²

If the staff responsible for the operation of installations and vehicles as well as the reception of passengers is at work; and

C.

Weather conditions allow.

² When security is no longer guaranteed, the operation must be stopped.

³ Persons who, because of their condition or behaviour, could endanger the operation or other persons should not be transported. ³

The transport of dangerous goods shall be governed by the provisions:

A.

The order of 31 October 2012 on containers of dangerous goods ² ; and

B.

The order of 31 October 2012 on the carriage of dangerous goods by rail and by cable installation ³ .

The cable company maintains documentation on:

A. ¹

The controls and their results, maintenance work, inspections and exercises carried out, as well as the measures taken, including maintenance and repair work (maintenance documentation);

B.

Other defects and breakdowns, specific events and actions taken.

¹ The cable installation shall be maintained so that its safety and that of its elements is guaranteed at all times.

² Maintenance must be planned and organized so that:

A.

The legal and corporate requirements are met;

B.

Managers are constantly aware of the condition of buildings, facilities and vehicles.

¹ The cable transport company plans the maintenance and repair work of the installation so that the safety of the installation and its elements is guaranteed for the intended duration of use.

² The evaluation of the different components of the facility must be done in the context of the overall system.

³ The results of the planning should be taken into account in operating and maintenance requirements.

¹ Cable transport undertakings shall lay down the operating and maintenance requirements taking into account the concept of operation.

² Operating and maintenance requirements:

A.

Explain in an understandable way how the safety of the installation and its elements is guaranteed for the intended duration of use;

B.

Lay down for the various elements of the installation the necessary measures and their periodicity;

C.

Describe the operation of the facility and its components;

D.

Include instructions for the proper use and maintenance of the facility, including procedures and work orders.

Cable transport undertakings shall ensure that the checks ordered in the operating requirements are carried out within the time limits and according to the rules of the art.

¹ Where the cable transport undertaking does not have the necessary technical knowledge or the necessary instruments and apparatus for carrying out certain maintenance work, it must entrust it to confirmed external specialists.

² When using the services of a third party, it must ensure that it also has information from the third party.

³ If the monitoring of the maintenance carried out by the undertaking is not sufficient, the supervisory authority may order the use of third parties.

⁴ The supervisory authority may order non-destructive cable controls to be carried out by a cable control body which it recognises. ¹

¹ If the operation of a cable installation is permanently interrupted, the owner must dismantle it.

² If the facility is no longer in operation, the owner shall immediately remove the cables and submit to the authority issuing the authorization a request to dismantle the facility.

³ The authority issuing the authorisation shall order the extent to which the initial state is to be restored.

¹ Every year, and at the request of the supervisory authority, the cable transport undertaking must submit to the supervisory authority the documentation provided for in Art. 50. The supervisory authority shall determine the extent of the documentation to be submitted.

² The cable company immediately announces to the supervisory authority:

A.

Changes in liability under s. 47, para. 1;

B.

The merger, division or dissolution of the business;

C.

The bankruptcy of the business or a notice of over-indebtedness;

D.

Non-operating facilities as soon as it is certain that this condition will last more than one year. ¹

³ The cable company, the manufacturer and the person responsible for marketing shall announce within 30 days to the supervisory authority their own new knowledge which may affect the safety of the installation. ²

⁴ In the event of an event or new knowledge that may affect the safety of an installation, the manufacturer or the person in charge of the placing on the market shall indicate to the supervisory authority which other installations could Be affected according to the construction elements used. ³

⁵ In case of event, the order of 17 December 2014 on safety investigations in the event of an incident in the field of transport ⁴ Is applicable to cable installations for the benefit of a federal concession. ⁵

¹ The cable company shall, throughout the life of the installation, keep the following documents on its site:

A.

Security analysis and reporting;

B.

The security file;

C.

Operating requirements;

D.

Maintenance documentation;

E.

Documents referred to in s. 37, para. 2.

² For 10 years, it retains the documents referred to in s. 58.

³ The manufacturer must keep at least 30 years of age:

A.

The documents referred to in Annexes V and VII to the EU Directive on Cable Facilities ² ;

B.

Certificates relating to materials, minutes of control of the production of construction elements of importance for safety.

⁴ If the manufacturer is not in Switzerland or a Member State of the EU, the obligation referred to in para. 3 is responsible for placing the product on the market.

⁵ Documents must be developed in such a way that they can be unequivocally linked to the building element to which they relate.

¹ At the request of the supervisory authority, the cable company shall submit to it:

A.

The operating account;

B.

The balance sheet;

C.

The capital assets and depreciation accounts or the tangible capital assets table;

D.

The investment plan.

² At the beginning of its activity, it shall submit to the supervisory authority the documents referred to in para. 1, let. B to d.

³ For cable carriers who obtain compensation within the meaning of s. 49 LCdF ² Or contributions within the meaning of s. 56 LCdF, books and records must be kept:

A.

Under the provisions of section 7 of the TV; and

B.

According to the provisions enacted by the DETEC pursuant to s. 35, para. 1 and 2, LTV.

¹ Within the framework of the approval of the plans, the concession, the authorisation to operate, the recognition of the technical direction and the processing of the announcements, the supervisory authority monitors compliance with the security requirements and And other requirements during the construction, operation and maintenance of the facilities.

² It can carry out checks on the construction, operation and protection of the environment, as well as audits, require evidence and expertise in justified cases, and carry out audits. Itself to testing by surveys.

³ In the presence of concrete indicators, it can monitor compliance with the requirements for construction elements that are important to safety and subsystems at any time.

⁴ It monitors compliance with environmental requirements with the assistance of the specialised authorities.

¹ If the supervisory authority finds that a cableway may compromise the safety of persons or goods or that there is a breach of the requirements, or if there are concrete indications in the matter, it shall, as a rule, require Of the cable transport undertaking that it proposes measures to restore safety and compliance with the requirements. It may prohibit the continuation of the operation with immediate effect if the safety so requires.

² If the measures proposed by the undertaking are not sufficient to restore security and compliance with the requirements, the authority may require that it propose further measures or take the necessary measures itself.

³ If safety and compliance with the requirements cannot be restored, the authority shall revoke the authorization to operate.

⁴ If the supervisory authority finds that an important construction element for safety or a subsystem used in accordance with its destination can compromise the safety of a cable installation, it shall immediately notify the other Supervisory authorities for the measures taken.

⁵ The supervisory authorities can manage a database of measures taken and their justification and inform the public.

¹ The supervisory authority may control the safety components and sub-systems placed on the market and, if necessary, take samples.

² The powers of the Supervisory Authority shall be governed by Art. 10, para. 2 to 5, of the Law of 12 June 2009 on Product Safety (LSPro) ² .

³ The supervisory authorities shall inform each other without delay and inform the Secretariat of State to the Economy (SECO).

⁴ The obligation to cooperate and inform to which those responsible for placing on the market and the other persons concerned must be satisfied shall be governed by Art. 11 LSPro.

The emoluments are governed by the Order of 25 November 1998 on the emoluments of the OFT ¹ , as well as the corresponding cantonal provisions.

¹ For the subject area, conformity assessment bodies shall be required to:

A.

Be accredited in accordance with the order of 17 June 1996 on accreditation and designation ¹ And to justify insurance of at least 5 million francs against the effects of civil liability, or

B.

To be recognised by Switzerland in the framework of an international agreement and to justify valid insurance in Switzerland against the effects of civil liability.

² Any person who refers to the documents of any other body other than those referred to in para. 1 must demonstrate in a credible manner that the procedures applied and the qualification of the body meet the Swiss requirements (Art. 18, para. 2, of the 6 Oct PMQ. 1995 on technical barriers to trade). ²

Conformity assessment bodies shall have the rights and obligations set out in Annexes V and VII to the EC Directive on cable installations ¹ .

The conformity assessment of the safety components shall, according to the manufacturer's choice, be carried out in accordance with one of the following procedures in accordance with Annex V of the EU Directive on Cable Facilities ¹ : ²

A.

According to the type examination procedure (module B) in conjunction with the production quality assurance (module D) or product verification (module F);

B.

According to the full quality assurance procedure (module H);

C.

Depending on the unit verification procedure (module G).

The conformity assessment of the subsystems shall be governed by Annex VII of the EC Directive on cable installations ¹ .

The experts must have specialized knowledge and experience commensurate with the complexity of the project to be examined and its importance to security, including:

A.

Able to justify appropriate training; and

B.

Having carried out or examined objects comparable to the object examined.

¹ Experts should not have already considered themselves in the context of other functions on the subject of the application.

² They must be independent in their decision-making; in particular, they should not be subject to instructions and their remuneration should not depend on the outcome.

Legal persons may engage in activities as experts if they employ persons who meet the specialized requirements and the requirement of independence.

The OFT shall, if possible in agreement with the monitoring body of the IATTC, issue guidelines on the use of experts, on the requirements to be met and on the reports they prepare.

¹ Experts should not disproportionately restrict the liability associated with the reports they write.

² They must have adequate liability insurance.

³ They agree with the principal of the scope of their responsibility and of the ad hoc insurance.

Are repealed:

A.

The order of March 10, 1986 on the construction and operation of federally licensed television and cable cars ¹ ;

B.

The order of 8 November 1978 on the grant of concessions to television devices ² ;

C.

The order of March 22, 1972, on cable cars for the transportation of persons without federal concessions and on ski lifts ³ ;

D.

The order of 24 October 1961 on subsidized cable cars, without a federal concession, for the carriage of persons ⁴ .

E.

The order of 15 February 1957 on the prevention of accidents during the construction and operation of cable and funicular carriers transporting passengers on shipyards and in craft and industrial undertakings ⁵ .

... ¹

¹ According to the law in force, concessions and authorisations to operate, as well as cantonal authorisations, remain valid until their expiry, but by no later than 31 December 2027. The competence of the supervisory authorities remains valid until then.

² The renewal of the authorization to operate is governed by s. 38.

¹ With regard to periodic inspections, the provisions contained in c. 94 and 104 as well as Schedule 2 of the following orders remain applicable to existing facilities: ¹

A.

Order of April 11, 1986, on continuous motion devices ² ;

B.

Order of 12 January 1987 on chairpersons ³ ;

C.

Order of February 18, 1988, on the Motion-to-Move Devices ⁴ ;

D.

Order of 17 June 1991 on funicular ⁵ .

² The cantonal provisions apply to installations for the benefit of a cantonal authorisation.

This order shall enter into force on 1 ^Er January 2007.