Cableways Impact Assessment Study - Final Report - saferail.nl
Cableways Impact Assessment Study - Final Report - saferail.nl Cableways Impact Assessment Study - Final Report - saferail.nl
IA Study Concerning the Revision of the Cableways Directive 5.3.5 Problem Area E: Alignment with the NLF: Obligations of Economic Operators Summary of the Aims of Intervention and of the Relevant Policy Options The Cableways Directive is to be aligned with the obligations of economic operators given in the NLF. To this end, the following policy options are considered: Option E2: Including a description of requirements on economic operators as given in Articles R2 to R7 of the NLF Decision (Decision 768/2008/EC) into the Application Guide; and Option E3: Amending the Cableways Directive in accordance with Articles R2 to R7 of the NLF Decision. Articles R2 to R7 of the NLF Decision define specific obligations of manufacturers, importers, authorised representatives and distributors. These NLF provisions are reviewed and compared with the Cableways Directive in Annex II to this report. By means of summary, the main difference between the Cableways Directive and the NLF appears to be that the Cableways Directive currently does not provide specific guidance with regards to the roles and responsibilities of importers and distributors. The Cableways Directive states that where “obligations are not fulfilled by the manufacturer, they are to be fulfilled by the company that places the product on the market”, thus effectively obliging importers and distributors to ensure compliance with the relevant requirements where this is not done by the manufacturer or its authorised representative. The NLF thus provides greater transparency as regards obligations of importers and distributors (as well as other economic operators) making it more likely that all economic operators are aware of their specific responsibilities. There are specific paragraphs within Articles R2 to R7 of the NLF Decision which can be considered as being significantly different to the current cableways framework but for which exemption could be considered for the cableways sector. For example, Article R2, Paragraph 4, states that “…manufacturers shall, to protect the health and safety of consumers, carry out sample testing of marketed products”. Although this could be seen as being different to the existing Directive, it is not feasible for the cableways sector. Consequently, an exemption could be considered. Exemption from Paragraph 6 of Article R4 (which requires importers to conduct sample testing) may also be useful for importers for the same reasons. This is also the case in Paragraph 7 of Article R2 and Paragraph 4 of Article R4 which require manufacturers and importers to “…ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by the consumers and other end-users”. Such a requirement may go beyond the Cableways Directive; however, an exemption could be considered as instructions and safety information are most often required by installers and operators within the cableways sector and rarely (if ever) by consumers. Additional Information on the Significance of the Problem to be Addressed The key questions with regard to the impacts of Options E2 and E3 are as follows: Page 110
Risk & Policy Analysts Is the cableways sector characterised by a lack of transparency meaning: compliance with the relevant legislation is not ensured, it is difficult to determine who should be responsible for ensuring compliance, and it is difficult to trace the origin of the relevant products? Are there significant imports of cableway products into the EU requiring the responsibilities of importers and distributors to be defined more succinctly? With regard to the above questions, the European cableways sector consists of a relatively small number of producers of whole installations (around 35) and a somewhat larger number of producers of subsystems and safety components (this study has identified at least 85 such companies). Generally speaking, stakeholders believe that the sector is small, transparent and stakeholders are familiar with each other. As a result, it is suggested that there are no problems with regard to product traceability or with companies attempting to avoid their obligations; in fact it was noted that manufacturers are keen to ensure compliance with the relevant safety requirements as an accident involving their installation would have grave reputational consequences and may force the company out of business. In addition, as noted in Section 2 of this report, imports of cableways into the EEA are essentially nonexistent, perhaps with the exception of those from Switzerland; however, Swiss companies are subject to the same requirements domestically and do not circumvent the Cableways Directive in any way. As regards subsystem and safety components, there is no evidence of significant imports from outside of Europe (in fact, several stakeholders noted they were not aware of any such imports). It appears that ropes are an exception to this, although a major rope manufacturer did not agree with this statement and stated that there are no imports from outside the EU and the cableway rope market has been traditionally national rather than international. Two stakeholders (a rope manufacturer and a notified body) noted that there are imports of cableway ropes from outside of the EU. The rope manufacturer stated that there might be ten to twenty companies in the EU which import ropes which are produced outside Europe into the EU and sell these on to hundreds of other companies. This manufacturer has pointed to possible compliance issues with rope imports from Asia and identified potential benefits from defining the specific obligations of importers and distributors. Stakeholders in the Czech Republic also suggested that imports of ropes from Asia and Russia are a serious problem and while the main problem appears to be enforcement, amendment of the Cableways Directive is supported. While there currently do not appear to be imports of whole cableway installations into Europe, a cableway manufacturer noted that it is possible that such imports may commence in the future. In particular, there is already a nascent cableway industry in China and it is possible that in the future they may wish to start exporting to Europe. In fact, there have been cases of installations in China which were copies of installations manufactured by one European producer and which were labelled as a product of this manufacturer. These installations have been involved with accidents leading the Chinese authorities to approach this European manufacturer. It is Page 111
- Page 71 and 72: Risk & Policy Analysts Table 3.1: C
- Page 73 and 74: Risk & Policy Analysts 3.3 Impacts
- Page 75 and 76: Risk & Policy Analysts 3.3.4 Impact
- Page 77 and 78: Risk & Policy Analysts 4. OPTIONS F
- Page 79 and 80: Risk & Policy Analysts Box 4.1: The
- Page 81 and 82: Risk & Policy Analysts The details
- Page 83 and 84: Risk & Policy Analysts Overall, sta
- Page 85 and 86: Risk & Policy Analysts Option 2 (
- Page 87 and 88: Risk & Policy Analysts subject to E
- Page 89 and 90: Risk & Policy Analysts Table 4.13:
- Page 91 and 92: Risk & Policy Analysts Table 4.14:
- Page 93 and 94: Risk & Policy Analysts out in Table
- Page 95 and 96: Risk & Policy Analysts Table 5.2: K
- Page 97 and 98: Risk & Policy Analysts One example
- Page 99 and 100: Risk & Policy Analysts At least two
- Page 101 and 102: Risk & Policy Analysts Option A3 (R
- Page 103 and 104: Risk & Policy Analysts The cost of
- Page 105 and 106: Risk & Policy Analysts requirements
- Page 107 and 108: Risk & Policy Analysts may come to
- Page 109 and 110: Risk & Policy Analysts Operating Co
- Page 111 and 112: Risk & Policy Analysts Innovation a
- Page 113 and 114: Risk & Policy Analysts To this end,
- Page 115 and 116: Risk & Policy Analysts respondents
- Page 117 and 118: Risk & Policy Analysts Innovation a
- Page 119 and 120: Risk & Policy Analysts Summary of S
- Page 121: Risk & Policy Analysts Public Autho
- Page 125 and 126: Risk & Policy Analysts Impact on Co
- Page 127 and 128: Risk & Policy Analysts Option F3:
- Page 129 and 130: Risk & Policy Analysts However, the
- Page 131 and 132: Risk & Policy Analysts 5.3.7 Proble
- Page 133 and 134: Risk & Policy Analysts Public Healt
- Page 135 and 136: Risk & Policy Analysts 6.2 Problem
- Page 137 and 138: Risk & Policy Analysts 6.6 Problem
- Page 139 and 140: Risk & Policy Analysts Commision de
- Page 141 and 142: Risk & Policy Analysts Kaiser (nd):
- Page 143 and 144: Risk & Policy Analysts STRMTG (2012
- Page 145 and 146: Risk & Policy Analysts ANNEX 1 Over
- Page 147 and 148: Risk & Policy Analysts A1. CONSULTA
- Page 149 and 150: Risk & Policy Analysts feedback was
- Page 151 and 152: Risk & Policy Analysts ANNEX 2 Revi
- Page 153 and 154: Risk & Policy Analysts B2. REVIEW O
- Page 155 and 156: Risk & Policy Analysts Table B2.2:
- Page 157 and 158: Risk & Policy Analysts Table B2.4:
- Page 159 and 160: Risk & Policy Analysts Table B2.9:
- Page 161 and 162: Risk & Policy Analysts Table B2.12:
- Page 163 and 164: Risk & Policy Analysts Table B2.15:
- Page 165 and 166: Risk & Policy Analysts Table B2.20:
- Page 167 and 168: Risk & Policy Analysts Table B2.23:
- Page 169: Risk & Policy Analysts the NLF, imp
Risk & Policy Analysts<br />
<br />
<br />
Is the cableways sector characterised by a lack of transparency meaning:<br />
compliance with the relevant legislation is not ensured, it is difficult to determine<br />
who should be responsible for ensuring compliance, and it is difficult to trace the<br />
origin of the relevant products?<br />
Are there significant imports of cableway products into the EU requiring the<br />
responsibilities of importers and distributors to be defined more succinctly?<br />
With regard to the above questions, the European cableways sector consists of a<br />
relatively small number of producers of whole installations (around 35) and a<br />
somewhat larger number of producers of subsystems and safety components (this<br />
study has identified at least 85 such companies). Generally speaking, stakeholders<br />
believe that the sector is small, transparent and stakeholders are familiar with each<br />
other. As a result, it is suggested that there are no problems with regard to product<br />
traceability or with companies attempting to avoid their obligations; in fact it was<br />
noted that manufacturers are keen to ensure compliance with the relevant safety<br />
requirements as an accident involving their installation would have grave reputational<br />
consequences and may force the company out of business. In addition, as noted in<br />
Section 2 of this report, imports of cableways into the EEA are essentially nonexistent,<br />
perhaps with the exception of those from Switzerland; however, Swiss<br />
companies are subject to the same requirements domestically and do not circumvent<br />
the <strong>Cableways</strong> Directive in any way. As regards subsystem and safety components,<br />
there is no evidence of significant imports from outside of Europe (in fact, several<br />
stakeholders noted they were not aware of any such imports). It appears that ropes are<br />
an exception to this, although a major rope manufacturer did not agree with this<br />
statement and stated that there are no imports from outside the EU and the cableway<br />
rope market has been traditionally national rather than international.<br />
Two stakeholders (a rope manufacturer and a notified body) noted that there are<br />
imports of cableway ropes from outside of the EU. The rope manufacturer stated that<br />
there might be ten to twenty companies in the EU which import ropes which are<br />
produced outside Europe into the EU and sell these on to hundreds of other<br />
companies. This manufacturer has pointed to possible compliance issues with rope<br />
imports from Asia and identified potential benefits from defining the specific<br />
obligations of importers and distributors. Stakeholders in the Czech Republic also<br />
suggested that imports of ropes from Asia and Russia are a serious problem and while<br />
the main problem appears to be enforcement, amendment of the <strong>Cableways</strong> Directive<br />
is supported.<br />
While there currently do not appear to be imports of whole cableway installations into<br />
Europe, a cableway manufacturer noted that it is possible that such imports may<br />
commence in the future. In particular, there is already a nascent cableway industry in<br />
China and it is possible that in the future they may wish to start exporting to Europe.<br />
In fact, there have been cases of installations in China which were copies of<br />
installations manufactured by one European producer and which were labelled as a<br />
product of this manufacturer. These installations have been involved with accidents<br />
leading the Chinese authorities to approach this European manufacturer. It is<br />
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