Cableways Impact Assessment Study - Final Report - saferail.nl

IA Study Concerning the Revision of the Cableways Directive
Overall, although a number of stakeholders would support the proposed options,
where such information has been provided, it appears that it is common practice for
manufacturers to discuss this issue with the authorities in the planning stage, although
increased awareness of the need for companies to gain formal agreement of the
authorities prior to commencing construction might be beneficial. For a significant
proportion of stakeholders, however, the proposed options do not address the
underlying problem of lack of clarity as to the distinction between inclined lifts and
small funiculars. In other words, if clear, unambiguous and readily accessible
guidance on this distinction were available, some of the problems experienced could
have been averted. In addition, the current situation has the potential to lead to public
authorities in different EU Member States coming to different decisions with regard to
the legal classification of very similar installations.
Impact on the Internal Market and Competition
For Option B2, some minor impacts can be expected. As noted above, it appears that
in most cases companies seek clarification from the authorities as to which of the two
Directives applies to each particular case. However, overall, it seems to be more
common to do so for companies that are (also) active in the cableways sector than for
companies active solely in the lifts sector, which may be characterised by a
comparatively lower level of awareness of the need to discuss the particularities of
each case with the authorities. Therefore, it can be expected that should this Option
contribute to setting lift manufacturers on an equal footing with companies in the
cableways sector, positive impacts in terms of improved competition and reduced
market segmentation may occur. No impacts are expected from Option B2 with
regards decisions of whether a particular installation falls under the Cableways
Directive or the Lifts Directive.
No impacts on consumer choice, prices and barriers to entry into the market or
emergence of monopolies are anticipated with regard to Option B2.
Generally speaking, Option B3 cannot be expected to have any discernible impacts,
positive or negative, as no substantive change would occur. In fact, it is not clear
whether this Option would lead to any change as it is possible that Member States
may decide not to transpose this change. As Option B3 merely adds a reference to
inclined lifts as an example of equipment covered by the Lifts Directive, it is doubtful
that the European Commission would be able to force Member States to transpose this
change, should they decide not to do so (due to the high cost of transposition), as
Member States would not be in breach of the provisions of Directive 2000/9/EC.
Impact on Competitiveness, Trade and Investment Flows
Minimal impacts on competitiveness, trade and investment flows are expected as
neither Option is expected to result in substantive changes.
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