Cableways Impact Assessment Study - Final Report - saferail.nl

Risk & Policy Analysts
Option F3: Amending Article 16 of the Cableways Directive as well as Annex
VIII in accordance with the NLF Decision, including revising the procedure for
notification of notified bodies and reinforcing information and other obligations
on notified bodies.
With regards Problem Area F and the criteria for notified bodies, it is anticipated that
the most important articles of the NLF Decision are Articles R23, R26 and R28. This
would include revising the procedure for the notification of notified bodies and
reinforcing the information and other obligations of notified bodies. By aligning the
Cableways Directive with the NLF, Member States will have the power to object to
the notification of a new notified body (within a set time period) and the Commission
will be able to challenge the competence of notified bodies. Furthermore, alignment
with the NLF will encourage cooperation between notified bodies. In particular,
notified bodies will be required to inform each other about certification and rejections
of approvals. This is already done voluntarily by some notified bodies; however there
are others that do not report. Other Articles of the NLF Decision which concern the
criteria for notified bodies are also important; however these will complement the
existing framework rather than introduce any significant changes. Furthermore,
Article R21 regarding the accredited in-house bodies may add value to the Cableways
Directive; however, exemption from this Article could be considered due to the nature
of the cableways sector.
Additional Information on the Significance of the Problem to be Addressed
There is a general feeling on the part of many consultees that there are large
differences between the expertise and experience of different notified bodies;
however, there is no evidence suggesting that this has resulted in the placing on the
market of dangerous products.
Differences in the level of experience and expertise of notified bodies can be linked to
the degree of activity of these bodies. Not all notified bodies are active with regard to
cableways products. There are currently 23 notified bodies with a valid notification
for the Cableways Directive. Of these, approximately 10 to 15 participate in regular
meetings of the Cableway Installations Sectoral Group of Notified Bodies. It has
been estimated by one notified body that only seven or eight notified bodies assess
more than a few subsystems/safety components each year, with the remainder only
being involved in assessing cableways products on an occasional basis. Another
notified body stated that less than ten notified bodies are actually active in relation to
the Cableways Directive. As a result of this there may be notified bodies with
insufficient experience and expertise but there is no evidence that this results in
dangerous products being placed on the market. One of the reasons for this may be
that insufficient experience is a result of inactivity, i.e. no products are certified by
these notified bodies. It is the consultants’ impression that the sector is not very
flexible; companies have long-standing relationships with certain notified bodies and
they are reluctant to “test” notified bodies they do not know. An SME manufacturer
also mentioned that while they normally use a single notified body, when they
decided to use another notified body, the manufacturer asked them to follow the same
procedures as their usual notified body and the new notified body obliged.
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