04.07.2015 Views

Cableways Impact Assessment Study - Final Report - saferail.nl

Cableways Impact Assessment Study - Final Report - saferail.nl

Cableways Impact Assessment Study - Final Report - saferail.nl

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

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 />

Page 77

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!