Cableways Impact Assessment Study - Final Report - saferail.nl
Cableways Impact Assessment Study - Final Report - saferail.nl
Cableways Impact Assessment Study - Final Report - saferail.nl
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Risk & Policy Analysts<br />
Table 4.13: In your opinion, are there problems with the quality of certain notified bodies<br />
involved with cableways?<br />
National Authorities<br />
Notified Bodies<br />
No. of Responses % of Responses No. of Responses % of Responses<br />
Yes 5 29% 1 33%<br />
No 12 71% 2 67%<br />
TOTAL 17 100% 4 100%<br />
In theory, the NLF Decision could still improve the existing <strong>Cableways</strong> Directive by:<br />
<br />
<br />
revising the procedure for notification of notified bodies: Member States<br />
notifying a body must include information on the evaluation of competence of that<br />
body. Where competence is demonstrated by an accreditation certificate, a<br />
facilitated procedure applies. Where accreditation has not been used to evaluate<br />
the competence of a notified body, the notification must comprise the<br />
documentation demonstrating how the competence of that body has been<br />
evaluated. Other Member States will have the possibility to object to a<br />
notification within a certain period; and<br />
reinforcing the information and other obligations for notified bodies: Notified<br />
bodies must inform notifying authorities about refusals, restrictions, suspensions<br />
and withdrawals of certificates and other notified bodies about negative<br />
conformity assessment results. They must also perform conformity assessment in<br />
a proportionate manner taking due account of the size of an enterprise, the<br />
structure of the sector, the complexity of the product technology, etc.<br />
Safeguard Procedure<br />
The NLF revises the existing safeguard clause procedure. It introduces a two-step<br />
procedure which consists of a ‘domestic’ phase and one of information exchange<br />
between Member States, and specifies the steps to be taken by the authorities<br />
concerned, when a non-compliant subsystem and/or safety component is found.<br />
A ‘real’ safeguard clause procedure (i.e. one leading to a Decision at Commission<br />
level on whether a measure is justified or not) is o<strong>nl</strong>y launched when another Member<br />
State objects to a measure taken against a subsystem and/or safety component. Where<br />
there is no disagreement on the restrictive measure taken, all Member States must take<br />
the appropriate action on their territory.<br />
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