Cableways Impact Assessment Study - Final Report - saferail.nl

Risk & Policy Analysts
B2. REVIEW OF NLF PROVISIONS
This chapter provides a comparative overview of the Cableways Directive and of the
NLF Decision 35 . The aim of this Annex is to identify the main differences between
the current legal framework and that proposed by the NLF, with particular reference
to the problem areas identified, i.e.:
obligations of economic operators;
criteria for notified bodies; and
safeguard clause mechanisms.
This is achieved by means of the following three stages:
Stage 1: Identification of provisions in the NLF Decision that are relevant to the
three problem areas considered by this study;
Stage 2: Comparison of the current regulatory framework and relevant provisions
identified under Stage 1, with the aim of compiling a list of provisions which
could provide significant added value as opposed to the baseline (Option 1); and
Stage 3: Summary of key points of those NLF provisions identified under Stages
1 and 2 as relevant and substantially adding to the current framework, and an
assessment of their relevance to the policy options considered in this study.
This Annex refers to Decision No 768/2008/EC as the NLF Decision.
B2.1 Stage 1: Identification of Relevant Provisions
This Section provides an overview of the relevant articles in the NLF Decision that
are relevant to the three issues in hand.
Table B2.1: Relevant Articles the NLF Decision
Problem Area Relevant Articles
Obligations of NLFD Article R2 (Obligations of Manufacturers)
economic
operators
NLFD Article R3 (Authorised Representatives)
NLFD Article R4 (Obligations of Importers)
NLFD Article R5 (Obligations of Distributors)
NLFD Article R6 (Cases where obligations of manufacturers apply to importers
and distributors)
Criteria for
notified bodies
NLFD Article R7 (Identification of economic operators)
NLFD Article R13 (Notification)
NLFD Article R14 (Notifying authorities)
NLFD Article R15 (Requirements relating to notifying authorities)
NLFD Article R16 (Information obligation on notifying authorities)
NLFD Article R17 (Requirements relating to notified bodies)
NLFD Article R18 (Presumption of conformity)
35
Decision No 768/2008/EC establishing a common framework for the marketing of products.
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