S.I. No. 470/2003 - European Communities (Cableway Installations Designed To Carry Persons) Regulations 2003

1. The CE conformity marking shall consist of the letters “CE” taking the following form

2. If the CE marking is reduced or enlarged, the proportions given in the above drawing must be respected.

3. The various components of the CE marking must have substantially the same vertical dimension which may not be less than 5 mm. This minimum dimension may be waived for small-scale safety components.

4. The CE marking should be followed by the last two figures of the year in which it was affixed and by the identification number of the notified body that deals with the procedures referred to in Regulation 7(3).

GIVEN under my Official Seal,

3 October 2003.

Séamus Brennan

Minister for Transport

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation)

The purpose of these regulations is to give legal effect in Ireland to Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000.

These regulations introduce for the first time in Ireland a regulatory framework for cableways installations and their subsystems and safety components. Cableway installations include cablecars gondolas, chairlifts, drag lifts and funicular railways.

The regulations require prior approval of the competent authority for the construction of a cableway system. Significant modifications to existing systems will also require approval. Following construction, a further approval for putting into service is required.

A person wishing to construct or modify a cableway installation will be required to prepare a safety analysis and safety report and submit these to the competent authority, together with the relevant technical documentation and the certificates of EC conformity of components and subsystems. A refusal of approval may be appealed to the courts.

The competent authority may close or place restrictions on an installation where it is of the opinion that the installation endangers persons or property or is not being operated in conformity with the relevant terms and conditions.

The regulations provide that safety components and subsystems may only be placed on the Community market and used in a cableway installation if they have been certified by the notified body as conforming with these regulations. Components and subsystems originating in another Member State may be certified by a notified body in that State.

The regulations provide for the appointment by the competent authority of authorised officers whose function will be to ensure compliance with these regulations and the Directive. Authorised officers will have the power to enter any cableway installation or place of manufacture of safety components and subsystems and carry out an inspection. They may also require production of documents and take copies and may seal the installation for future examination.

1

OJ No. L106, 3.5.2000, p. 21

1

OJ No. L106, 3.5.2000, p. 21

2

OJ No L213, 7.9.1995, p.1

3

OJ No. L220, 30.08.93, p.23

5. Electrotechnical devices -

(a) Monitoring, control and safety devices,

(b) Communication and information equipment,

(c) Lightning protection equipment;

6. Rescue equipment -

(a) Fixed rescue equipment,

(b) Mobile rescue equipment.

Schedule 2

Part 1

Regulation 2

Safety Components: EC Declaration of Conformity

7. (1) The competent authority shall regard safety components referred to in Article 4(2) of the Directive bearing the CE conformity marking and accompanied by the EC declaration of conformity as conforming with all the relevant provisions of these Regulations.

(2) Before a safety component is placed on the market, the manufacturer or his or her authorised representative must-

(a) submit the safety component to a conformity assessment procedure in accordance with Annex V,

(b) affix the CE conformity marking on the safety component, and

(c) on the basis of the modules laid down in Council Decision 93/465/EEC of 22 July 1993

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, draw up an EC declaration of conformity.

(3) The procedure for assessing safety component conformity shall be carried out at the request of the manufacturer or his or her authorised representative by the notified body selected by him or her for this purpose.

(4) Where safety components are subject to other legislation concerning other aspects and which also provide for the affixing of the CE conformity marking, the marking shall indicate that the safety component is also presumed to conform to that other legislation.

(5) Where neither the manufacturer nor his or her authorised representative have complied with the obligations of this Regulation, those obligations shall devolve on whomsoever places the safety component on the market. The same obligations shall apply to whosoever manufactures safety components for his or her own use.

(6) A person who fails to comply with his or her obligations under this Regulation is guilty of an offence.

Subsystems

8. (1) Subsystems may only be placed on the market if they permit the construction of installations complying with the essential requirements. The competent authority shall regard subsystems which are accompanied by the EC declaration of conformity and by the technical documentation provided for in paragraph (3), as conforming with the relevant essential requirements.

(2) The EC procedure for examining subsystems shall be carried out at the request of the manufacturer or his or her authorised representative or, in their absence, any person who places the subsystem in question on the market, by the notified body selected by him or her for that purpose. The EC declaration of conformity shall be drawn up by the manufacturer or his or her authorised representative or the above mentioned person on the basis of the EC examination in accordance with Annex VII.

(3) The notified body shall draw up the EC examination certificate in accordance with Annex VII and the technical documentation which accompanies it. The technical documentation must include all the necessary documents concerning the characteristics of the subsystem and, where appropriate, all the documents certifying the conformity of the safety components. It must also contain all the relevant details of the conditions of, and restrictions on, use and of the instructions for servicing.

(4) A person who fails to comply with this Regulation is guilty of an offence.

Installations

9. (1) The competent authority shall lay down procedures for authorising the construction modification and putting into service of installations.

(2) The competent authority shall take all appropriate measures and determine the procedures to ensure that safety components and subsystems incorporated in installations are installed and put into service only if they permit the construction of installations which are not liable to endanger the safety and health of persons or, where applicable, the safety of property, when properly installed and maintained and used in accordance with their intended purpose.

(3) Where the competent authority considers a safety component or subsystem to have been designed or constructed using an innovative approach, it shall take all appropriate measures and may make the construction, modification or putting into service of an installation in which such innovative components or subsystems are to be used subject to special conditions. It shall immediately inform the Commission of the European Communities thereof, stating its reasons.

(4) The competent authority shall take all appropriate measures to ensure that the installations are constructed, modified and put into service only if the have been designed and constructed in such a way as to guarantee compliance with the essential requirements.

(5) The safety analysis, the EC declarations of conformity and the accompanying technical documentation relating to the safety components and subsystems shall be submitted by the main contractor or his or her authorised representative to the competent authority, and a copy of them shall be kept at the installation.

(6) The competent authority must ensure that the safety analysis, the safety report and the technical documentation are provided and include all the documentation concerning the characteristics of the installation and, where appropriate, all the documents certifying the conformity of the safety components and subsystems.

(7) The operator of an installation shall maintain records of the conditions of authorisation for putting into service, including the restrictions on operation, and full details of servicing supervision, adjustment and maintenance. These records shall be kept by the operator for as long as the competent authority may decide.

(8) The competent authority shall publish any procedures laid down or determined by it under this Regulation.

(9) A person shall not construct, modify or put into service any installation which is not authorised by the competent authority.

(10) A person who contravenes paragraph (9) is guilty of an offence.

Authorisation of installations

10. (1) The competent authority may authorise installations for the purposes of these Regulations and the Directive. It may attach terms and conditions to authorisations.

(2) An application for authorisation shall be in such form as the competent authority decides and be accompanied by such a fee (if any) as it decides, being not more than such amount as is equal to the expense that it is likely to incur in considering the application, including expenses in carrying out any inspections for the purpose of considering the application.

(3) A person who breaches any terms or conditions attached to an authorisation under paragraph (1) is guilty of an offence.

Appeal against refusal, suspension or withdrawal of authorisation for installations

11. (1) Whenever the competent authority proposes to refuse to grant, or to suspend or withdraw, an authorisation for the construction, modification or putting into service of an installation it shall notify in writing the applicant or holder, as the case may be, of the proposal, and of the reasons for the proposal, and shall, if any representations are made by the applicant or holder, as the case may be, within 28 days after the date of the notification, consider the representations.

(2) Wherever the competent authority, having considered the representations (if any) that may have been made on behalf of the applicant or holder under paragraph (1), decides to refuse to grant, or to suspend or withdraw, the authorisation, the competent authority shall notify in writing the applicant or holder, as the case may be, of the decision and the applicant or holder, may, within 21 days after the date of such notification, appeal to the Circuit Court against such refusal.

(3) Where the holder of an authorisation makes an appeal under paragraph (2) against the decision of the competent authority to suspend or withdraw the authorisation, the decision of the competent authority shall stand suspended until the determination or withdrawal of the appeal.

(4) On the hearing of an appeal under paragraph (2) in relation to the decision of the competent authority to refuse to grant, or to suspend or withdraw, an authorisation, the court may either confirm the decision, or allow the appeal. If the appeal is allowed in the case of refusal to grant an authorisation, the competent authority shall grant the authorisation.

Appeal against refusal to confirm conformity

12. (1) Whenever a notified body proposes to refuse to confirm that a safety component or subsystem is in conformity with these Regulations and the Directive, it shall notify the applicant in writing of the proposal, and of the reasons for the proposal, and shall, if any representations are made by the applicant within 28 days after the date of the notification, consider the representations.

(2) Wherever the notified body, having considered the representations (if any) that may have been made under paragraph (1), decides to refuse to confirm conformity, it shall notify the applicant in writing of the decision and the applicant may, within 21 days after the date of such notification, appeal to the Circuit Court against such refusal.

(3) On the hearing of an appeal under paragraph (2) in relation to the decision of the notified body to refuse to confirm conformity, the court may either confirm the decision, or allow the appeal. If the appeal is allowed the notified body shall take the appropriate action to confirm conformity.

Failure by operator to comply with requirements

13. (1) Where the competent authority is of the opinion that an installation -

(a) is not being operated in conformity with the conditions set out in the safety report relating to the installation,

(b) is not being operated in accordance with the terms or conditions of the authorisation, or

(c) endangers the safety or health of persons or, where appropriate, the safety of property,

the competent authority shall issue a direction to the operator of the installation requiring that person to cease operation of the installation, or placing restrictions on the operation of the installation, until the installation conforms with the conditions referred to in subparagraph (a), or is operated in accordance with the terms and conditions referred to in subparagraph (b), or the danger referred to in subparagraph (c) is remedied to the satisfaction of the competent authority.

(2) A person who fails to comply with a direction under paragraph (1) is guilty of an offence.

(3) A direction under this Regulation shall state the grounds on which it is based and give details of the appeals procedure under Regulation 20.

CE marking

14. (1) The CE conformity marking consists of the letters “CE”.

(2) The CE conformity marking shall be affixed to each safety component distinctively and visibly or, where that is not possible, on a label inseparably attached to the component.

(3) A person shall not affix on any safety component markings which are likely to mislead third parties as to the meaning and form of the CE conformity marking.

(4) Any other marking may be affixed to a safety component, provided that the visibility and legibility of the CE conformity marking are not reduced.

(5) Where the competent authority establishes that a person has wrongly affixed the CE conformity marking, the competent authority may direct the person to conform with this Regulation. If the non conformity persists, the competent authority may by direction to the person concerned restrict or prohibit the placing on the market of the safety component or direct it be withdrawn from the market.

(6) Where the competent authority ascertains that a safety component bearing the CE conformity marking, placed on the market and used in accordance with its intended purpose or a subsystem with an EC declaration of conformity used in accordance with its intended purpose, is liable to endanger the safety or health of persons and, where applicable, the safety of property, it shall by direction to the person concerned, restrict the conditions of use of the component or subsystem or prohibit its use. The competent authority shall immediately inform the Commission of the European Communities of such restriction or prohibition, in accordance with Article 14 of the Directive.

(7) A person who contravenes this Regulation or fails to comply with a direction under this Regulation is guilty of an offence.

(8) A direction under this Regulation which restricts or prohibits the use of safety components or of a subsystem in an installation or the placing of it on the market shall state the grounds on which it is based and give details of the appeals procedure under Regulation 20.

Competent authority

15. (1) The Minister shall appoint a person to be the competent authority for the purposes of these Regulations.

(2) Notice of the appointment of the competent authority shall be published in Iris Oifigiúil.

(3) Pending the appointment of a person as the competent authority, the Minister is the competent authority.

(4) The competent authority shall have regard to the requirements of the Directive.

(5) The Minister may withdraw the appointment of a person as the competent authority if he or she considers that the competent authority is not fulfilling the requirements of the competent authority under these Regulations or the requirements of the Directive. Any such withdrawal shall be published in Iris Oifigiúil.

Notified body

16. (1) If the competent authority is of the opinion that-

(a) it is necessary to do so, and

(b) a person with the necessary competence is in existence in the State,

the competent authority may appoint such a person as a notified body for the purposes of these Regulations and the Directive.

(2) Before appointing a body as a notified body, the competent authority shall apply the criteria laid down in Annex VIII. The competent authority shall regard those bodies meeting the assessment criteria laid down in the relevant harmonised European standards as meeting the criteria laid down in Annex VIII. Where a notified body no longer meets the criteria laid down in Annex VIII, the competent authority shall withdraw its appointment as a notified body and immediately notify the Commission.

(3) The competent authority shall comply with Article 16.1 of the Directive regarding notification.

Authorised officers

17. (1) The competent authority may appoint such and as many persons as it considers necessary to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall -

(a) be furnished with a warrant of his or her appointment, and

(b) when exercising powers conferred on him or her under these Regulations, if requested by a person affected, produce the warrant to the person for inspection.

(3) An authorised officer may, for the purposes of ensuring that these Regulations and the Directive are being complied with-

(a) at all reasonable times, enter an installation or place where safety components or subsystems are manufactured or kept and carry out an inspection,

(b) require any person in charge of or connected with the installation, component or subsystem to produce to him or to her any books, documents, records or safety reports (and in the case of information in non-legible form to produce it in legible form) and to give the authorised person such information as he or she may reasonably require in relation to the installation, component or subsystem,

(c) inspect and take copies of or extracts from any such books, documents records or reports (including in the case of information in a non legible form a copy of or an extract from such information in permanent legible form),

(d) carry out such examinations, inspections or tests of the installation component or subsystem as the officer considers appropriate, and, if the officer thinks fit, remove or have removed any part of the installation component or subsystem and retain it for a reasonable period to facilitate such an examination, testing or inspection,

(e) examine any procedure connected with installing the installation, component or subsystem or its manufacture, and

(f) secure the installation or the place where the component or subsystem is located for future examination.

(4) A person who, without reasonable excuse, fails to comply with any requirement made by an authorised officer under these Regulations, or in purported compliance with such a requirement gives the officer information which is false or misleading, is guilty of an offence.

(5) A person who obstructs or interferes with an authorised officer in the exercise of his or her powers under this Regulation is guilty of an offence.

Penalties, etc.

18. (1) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000.

(2) Proceedings for an offence under these Regulations may be brought and prosecuted by the competent authority.

(3) Where an offence is committed under these Regulations by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if he or she was guilty of the first mentioned-offence.

Directions

19. (1) The competent authority may, where it considers that a person is not complying with the requirements of these Regulations, give the person a direction requiring compliance. The person shall comply with the terms of the direction.

(2) A person who is given a direction under paragraph (1) may make representations to the competent authority, within 21 days of receipt of the direction. The competent authority shall consider any such representations and notify the person of its decision.

(3) A direction under this Regulation shall state the grounds on which it is based and give details of the procedure for representations under paragraph (2) and an appeal under Regulation 20.

(4) A person who fails to comply with a direction under this Regulation is guilty of an offence.

Appeal against direction

20. (1) Any person aggrieved by a direction given by the competent authority under these Regulations, may, within 21 days of receipt of the direction, or where representations are made under Regulation 19(2), of receipt of the notification under that paragraph, appeal to the judge of the Circuit Court in whose Circuit the person carries on business.

(2) The appellant may make an application to the Court that the direction stands suspended until the appeal is determined or withdrawn.

(3) On hearing of an appeal under paragraph (1) the Court may either confirm or vary the direction, or allow the appeal.

(4) A decision of the Circuit Court on an appeal under paragraph (1) shall be final, save that, by leave of the Court an appeal from the decision shall lie to the High Court on a specified question of law.

Service of directions and notifications

21. (1) Where the competent authority issues a direction or notification under these Regulations, such direction or notification shall, be in writing, state the grounds on which it is based and be addressed to the person concerned, and as soon as practicable, be sent or given in any of the following ways-

(a) by delivering it to the person,

(b) by leaving it at the address at which the person carries on business,

(c) by sending it by pre-paid registered post to the address at which the person carries on business,

(d) if an address for the service of directions or notifications has been furnished by the person to the competent authority, by leaving it at, or by sending it by pre-paid registered post to, that address, or

(e) in any case where the competent authority considers that the immediate giving of the direction or notification is required, by sending it by means of a facsimile machine or by electronic mail to a device or facility for the reception of facsimiles or electronic mail, located at the address to which the person ordinarily carries on business or, if an address for the service of directions or notifications has been furnished by the person, that address provided that the sender's facsimile machine generates a massage confirming successful transmission of the total number of pages of the direction or notification, as the case may be, or the sender's facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail.

(2) For the purposes of paragraph (1), a company within the meaning of the Companies Acts 1963 to 2001, is deemed to be carrying on business at its registered office, and every other body corporate and every unincorporated body is deemed to be carrying on business at its principal office or place of business.

Schedule 1

Regulation 2

Subsystems of an Installation

For the purposes of these Regulations an installation is divided up into infrastructure and the subsystems listed below, with exploitability and maintainability having to be taken into account in each case

I, Séamus Brennan, Minister for Transport, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) for the purpose of giving effect to Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000

1

, hereby make the following regulations

Citation