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Cableways Impact Assessment Study - Final Report - saferail.nl

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IA <strong>Study</strong> Concerning the Revision of the <strong>Cableways</strong> Directive<br />

5.3.1 Problem Area A: Changing the Definition of <strong>Cableways</strong> Installations<br />

Summary of the Aims of Intervention and of the Relevant Policy Options<br />

Given that the definition of cableway installations (which determines the scope of the<br />

Directive) was drawn up over a decade ago, it is worth considering whether it is still<br />

suited to current market developments. A broader and more general (but not legally<br />

binding) definition of cableway installations is in fact provided in Recital 1 of the<br />

Directive. This definition explicitly recognises the potential for existing or future<br />

cableways which perhaps meet o<strong>nl</strong>y the suspension and/or traction by cable and<br />

passenger transport criteria but operate using basic principles that are different from<br />

those currently described in the Directive.<br />

In this respect, it is of note that recent discussions in the Standing Committee have<br />

highlighted the possibility that some installations may serve a dual function<br />

encompassing both use as a means of transport (from Point A to Point B) and use for<br />

amusement purposes o<strong>nl</strong>y (departure from Point A with return to the same point).<br />

Therefore, there is a need to examine whether new kinds of equipment and<br />

installations are being placed on the market which are designed for leisure purposes<br />

but may also serve a transport function. If so, there is a need to clarify whether these<br />

installations should be included within the scope of the Directive.<br />

To this end, two policy options are proposed (please note that these o<strong>nl</strong>y relate to<br />

installations where suspension and/or traction is provided by cable):<br />

<br />

<br />

Option A2: Amending the Application Guide to clarify that a broader definition<br />

of cableways is available in Recital 1 of the Directive and to further highlight that<br />

installations “designed for leisure purposes but also used as a means for<br />

transporting people” are in the Directive’s scope; and<br />

Option A3: Amending the Directive to adopt Recital 1 into the legally binding<br />

text of the Directive and to explicitly state that installations “which are designed<br />

for leisure purposes, but could also be used as a means for transporting people”<br />

are within the scope of the Directive.<br />

These options are designed to ensure that installations with a dual (transport and<br />

leisure) purpose are included in the scope of the Directive even where they cannot be<br />

unequivocally described as funiculars, cable cars or drag lifts. This aims to ensure that<br />

novel types of cableway systems are included within the scope of the Directive.<br />

Additional Information on the Significance of the Problem to be Addressed<br />

This section discusses several types of installations and considers whether these could<br />

be seen as having a dual (transport and leisure) purpose. The types of installations<br />

discussed in this section reflect stakeholders’ suggestions of borderline systems that<br />

are currently not within the scope of the Directive, in particular those serving a dual<br />

transport and amusement purpose.<br />

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