Cableways Impact Assessment Study - Final Report - saferail.nl

IA Study Concerning the Revision of the Cableways Directive
Table B2.24: Safeguard Measures (Community safeguard procedure)
Obligations of Member States
up by Article 5 of Directive 98/34/EC. That Committee shall consult the relevant
European standardisation body or bodies and deliver its opinion without delay.
Source: Article R32, Chapter R5, Decision (EC) 768/2008
Added
value?
Table B2.25: Safeguard Measures (Compliant products which present a risk to health and
safety)
Obligations of Member States
Added
value?
1. Where, having performed an evaluation under Article [R31(1)], a Member State finds No
that although a product is in compliance with this ... [act], it presents a risk to the health or
safety of persons or to other aspects of public interest protection, it shall require the
relevant economic operator to take all appropriate measures to ensure that the product
concerned, when placed on the market, no longer presents that risk, to withdraw the
product from the market or to recall it within a reasonable period, commensurate with the
nature of the risk, as it may prescribe.
2. The economic operator shall ensure that corrective action is taken in respect of all the
products concerned that he has made available on the market throughout the Community.
3. The Member State shall immediately inform the Commission and the other Member
States. That information shall include all available details, in particular the data necessary
for the identification of the product concerned, the origin and the supply chain of the
product, the nature of the risk involved and the nature and duration of the national
measures taken.
4. The Commission shall without delay enter into consultation with the Member States
and the relevant economic operator or operators and shall evaluate the national measures
taken. On the basis of the results of that evaluation, the Commission shall decide whether
the measure is justified or not, and where necessary, propose appropriate measures.
5. The Commission shall address its decision to all Member States and shall immediately
communicate it to them and the relevant economic operator or operators
Source: Article R33, Chapter R5, Decision (EC) 768/2008
No
No
No
No
B2.3 Stage 3: Summary of Provisions Identified under Steps 1 and 2 and
their Practical Implications
Problem Area E – Alignment with the NLF – Obligations of Economic Operators
With regards the obligations of Economic Operators; alignment with the NLF is most
likely to impact the obligations of importers and distributors through the application
of Articles R2 to R7. Currently the Cableways Directive does not provide specific
guidance with regards 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. Alignment with the NLF will ensure greater transparency as importers and
distributors (as well as other economic operators) will be aware of the specific role
and the responsibilities of both importers and distributors. More importantly, under
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