Legalize / United Kingdom / Statutory-Instrument

The Cableway Installations Regulations 2004

Type Statutory-Instrument

Publication 2004-01-28

Last updated 2018-07-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles Not indexed

Reform history JSON API

Made: 28th January 2004

Laid before Parliament: 30th January 2004

Coming into force: 3rd May 2004

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PART I — Preliminary

Citation and commencement

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Interpretation etc.

2

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Application of the Regulations

3

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PART II — General Requirements

Cableway installations–duties on the main contractor

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Cableway installations–putting into service

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Cableway installations–operation

6

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Safety components–placing on the market

7

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Subsystems–placing on the market

8

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Subsystems and safety components–conformity assessment procedures

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Subsystems and safety components–duties on persons other than the responsible person

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Subsystems and safety components–exceptions to placing on the market

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Conformity of cableway installations, subsystems and safety components with the provisions of these Regulations

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PART III — Authorisation Procedures and Notified Bodies

Authorisation by the Secretary of State

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Notified bodies

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Notified bodies appointed by the Secretary of State

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Fees

16

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Application for a stage 1 authorisation

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Application for a stage 2 authorisation

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Granting of stage 1 and stage 2 authorisations

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Secretary of State’s refusal to give an authorisation

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Notified body’s refusal to indicate conformity

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Requirement on notified bodies to carry out functions

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PART IV — Enforcement

Enforcement in Great Britain

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Enforcement in Northern Ireland

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Notices in relation to a safety component or subsystem that is not safe

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Notices in relation to a safety component or subsystem that is not safe—notification to the Commission

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Notices in relation to a cableway installation that is not safe

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Safety components–Notice of improper fixation of the CE conformity marking

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Defence of Due Diligence

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Liability of persons other than the principal offender

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PART V — Supplementary provisions

Amendment of the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994

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Consequential amendments

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SCHEDULE 1 — (ANNEX 1 TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

SUBSYSTEMS OF AN INSTALLATION

For the purposes of this directive, 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:

1 Cables and cable connections

2 Drives and brakes

3 Mechanical equipment

3.1 Cable winding gear

3.2 Station machinery

3.3 Line engineering

4 Vehicles

4.1 Cabins, seats or drag devices

4.2 Suspension gear

4.3 Driving gear

4.4 Connections to the cable

5 Electrotechnical devices

5.1 Monitoring, control and safety devices

5.2 Communication and information equipment

5.3 Lightning protection equipment

6 Rescue equipment

6.1 Fixed rescue equipment

6.2 Mobile rescue equipment

SCHEDULE 2 — (ANNEX II TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

ESSENTIAL REQUIREMENTS

Purpose

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General requirements

2

2.1

Safety of persons

2.2

Principles of safety

2.3

Consideration of external factors

2.4

Dimensions

2.5

Assembly

2.5.1

The installation, the subsystems and all the safety components must be designed and constructed in such a way as to ensure that they can be safely assembled and put into place.

2.5.2

The safety components must be so designed as to make assembly mistakes impossible, either as a result of construction or by means of appropriate markings on the components themselves.

2.6

Integrity of the installation

2.6.1

The safety components must be designed and constructed and be usable in such a way as to ensure that, in every case, their own operational integrity and/or the safety of the installation is ensured, as defined in the safety analysis in Annex III, so that their failure is highly improbable and with an adequate safety margin.

2.6.2

The installation must be designed and constructed in such a way as to ensure that, during its operation, any failure of a component which might affect safety, even indirectly, is met by an appropriate measure being taken in good time.

2.6.3

The safeguards referred to in points 2.6.1 and 2.6.2 must apply throughout the period between two scheduled inspections of the component concerned. The time period for the scheduled inspection of the safety components must be clearly indicated in the instruction manual.

2.6.4

Safety components which are incorporated into installations as spare parts must satisfy the essential requirements of this Directive and the conditions relating to the smooth interaction with the other parts of the installations.

2.6.5

Measures must be taken to ensure that the effects of a fire in the installation do not endanger the safety of persons being transported and workers.

2.6.6

Special measures must be taken to protect installations and persons from the effects of lightning.

2.7

Safety devices

2.7.1

Any defect in the installation which could result in a failure endangering safety must, where practicable, be detected, reported and processed by a safety device. The same applies to any normally foreseeable external event which may endanger safety.

2.7.2

It must be possible at all times to shut down the installation manually.

2.7.3

After the installation has been shut down by a safety device, it must not be possible to restart it unless appropriate action has been taken.

2.8

Maintainability

2.9

Nuisance

Infrastructure requirements

3

3.1

Layout, speed, distance between vehicles

3.1.1

The installation must be designed to operate safely taking into account the characteristics of the terrain and its surroundings, atmospheric and meteorological conditions, any possible structures and obstacles located in the vicinity either on the ground or in the air in such a way as to cause no nuisance or pose no danger under any operational or servicing conditions or in the event of an operation to rescue persons.

3.1.2

Sufficient distance must be maintained laterally and vertically between vehicles, towing devices, tracks, cables, etc., and possible structures and obstacles located in the vicinity either on the ground or in the air, taking account of the vertical, longitudinal and lateral movement of the cables and vehicles or of the towing devices under the most adverse foreseeable operating conditions.

3.1.3

The maximum distance between vehicles and ground must take account of the nature of the installation, the type of vehicles and the rescue procedures. In the case of open cars it must also take account of the risk of fall as well as the psychological aspects associated with the distance between vehicles and ground.

3.1.4

The maximum speed of the vehicles or towing devices, the minimum distance between them and their acceleration and braking performance must be chosen to ensure the safety of persons and the safe operation of the installation.

3.2

Stations and structures along the line

3.2.1

Stations and structures along the line must be designed, installed and equipped so as to ensure stability. They shall permit safe guidance of the cables, vehicles and the towing devices, and enable maintenance to be safely carried out, under all operating conditions.

3.2.2

The entry and exit areas of the installation must be designed so as to guarantee the safety of the traffic of vehicles, towing devices and persons. The movement of vehicles and towing devices in the stations must be capable of taking place without risk to persons, taking into account their possible active collaboration to their movement.

4

Requirements relating to cables, drives and brakes and to mechanical and electrical installations

4.1

Cables and their supports

4.1.1

All measures must be taken in line with the latest technological developments:

to avoid cables or their attachments breaking,

to cover their minimum and maximum stress values,

to ensure that they are safely mounted on their supports and prevent derailment,

to enable them to be monitored.

4.1.2

It is not possible to prevent all risk of cable derailment, measures must be taken to ensure that cables can be retrieved and the installations shut down without risk to persons in the event of derailment.

4.2

Mechanical installations

4.2.1

Drives

4.2.2

Standby drive

4.2.3

Braking

4.2.3.1

In an emergency, it must be possible to shut down the installation and/or the vehicles at any moment, under the most unfavourable conditions in terms of authorised load and pulley adhesion during operation. The stopping distance must be as short as the security of the installation dictates.

4.2.3.2

Deceleration values must be within adequate limits fixed in such a way to ensure both the safety of the persons and the satisfactory behaviour of the vehicles, cables and other parts of the installation.

4.2.3.3

In all installations there must be two or more braking systems, each capable of bringing the installation to a halt, and co-ordinated in such a way that they automatically replace the active system when its efficiency becomes inadequate. The traction cable’s last braking system must act directly on the driving pulley. These provisions do not apply to drag lifts.

4.2.3.4

The installation must be fitted with an effective clamp and locking mechanism to guard against premature restarts.

4.3

Control devices

4.4

Communication devices

Vehicles and towing devices

5

5.1

Vehicles and/or towing devices must be designed and fitted out in such a way that under foreseeable operating conditions no person can fall out or encounter any other risks.

5.2

The fittings of vehicles and towing devices must be dimensioned and constructed so as not to:

damage the cable, or

slip, except where slippage does not significantly affect the safety of the vehicle, the towing device or the installation

under the most unfavourable conditions.

5.3

Vehicle doors (on cars, cabins) must be designed and constructed in such a way as to make it possible to close and lock them. The vehicle floor and walls must be designed and constructed so as to withstand pressure and loads exerted by users under any circumstances.

5.4

If for reasons of operational safety an operator is required on board the vehicle, the vehicle must be fitted with the equipment required for him to carry out his tasks.

5.5

Vehicles and/or towing devices and, in particular, their suspension mechanisms must be designed and fitted so as to ensure the safety of workers servicing them in accordance with appropriate rules and instructions.

5.6

In the case of vehicles equipped with disconnectable fittings, all measures must be taken to bring to a halt, without risk to users, at the moment of departure, any vehicle whose fitting has been incorrectly connected to the cable and, at the moment of arrival, any vehicle whose fitting has not been disconnected, and to prevent the vehicle from falling.

5.7

Funicular vehicles and, in so far as the configuration of the installation so permits, bi-cable cable cars must be equipped with an automatic braking device on the track, when the possibility of carrier cable breaking cannot reasonably be excluded.

5.8

Where all risk of derailment of the vehicle cannot be eliminated by other measures, the vehicle must be fitted with an anti-derailment device which enables the vehicle to be brought to a halt without risk to persons.

Equipment for users

6

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Operability

7

7.1

Safety

7.1.1

All technical provisions and measures must be taken to ensure that the installation is used for its intended purpose according to its technical specification and to the specified operating conditions and that the instructions on safe operation and maintenance can be complied with. The instruction manual and the corresponding notes shall be drawn up in an official language or languages of the Community which may be determined in accordance with the Treaty by the Member State in the territory of which the installation is constructed.

7.1.2

The persons responsible for operating the installation must be provided with the appropriate material resources and must be qualified to carry out the task in hand.

7.2

Safety in the event of immobilisation of the installation

7.3

Other special provisions concerning safety

7.3.1

Operators' stands and workplaces

7.3.2

Risk of falling

SCHEDULE 3 — (ANNEX III TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

SAFETY ANALYSIS

The safety analysis required for every cableway installation referred to in Article 1(5) of this Directive must take into account every mode of operation envisaged. The analysis must follow a recognised or established method and take into account the current state of the art and the complexity of the installation in question. The aim is also to ensure that the design and configuration of the installation should take account of the local surroundings and the most adverse situations in order to ensure satisfactory safety conditions.

The analysis must also cover the safety devices and their effect on the installation and related subsystems that they bring into action so that either:

they are capable of reacting to an initial breakdown or failure detected so as to remain either in a state that guarantees safety, in a lower operating mode or in a fail-safe state,

they are redundant and are monitored, or

they are such that the probability of their failure can be evaluated and they are of a standard equivalent to that achieved by safety devices that meet the criteria in the first and second indents.

Safety analysis must be used to draw up the inventory of risks and dangerous situations in accordance with Article 4(1) of this Directive and to determine the list of safety components referred to in Article 4(2) thereof. The result of the safety analysis must be summarised in a safety report.

SCHEDULE 4 — (ANNEX IV TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

SAFETY COMPONENTS: EC DECLARATION OF CONFORMITY

This Annex applies to the safety components referred to in Article 1(5) of this Directive with a view to establishing their compliance with the essential requirements which concern them referred to in Article 3(1) of the Directive and defined in Annex II.

The EC declaration of conformity and the accompanying documentation must be dated and signed. It must be drawn up in the same language or languages as the instruction manual referred to in point 7.1.1 of Annex II.

The declaration must state the following particulars:

the references of this Directive,

name, business name and full address of the manufacturer or his authorised representative established in the Community. An authorised representative must also give the name, business name and full address of the manufacturer,

description of the component (make, type, etc.),

details of the conformity declaration procedure used (Article 7 of this Directive),

all relevant provisions with which the component must comply and, in particular, the conditions of use,

the name and address of any body notified, involved in the conformity procedure and the date of the EC examination certificate with details, where appropriate, of the duration and conditions of validity of the certificate,

where appropriate, the reference of the harmonised standards applicable,

identification of the person empowered to sign on behalf of the manufacturer or his authorised representative established in the Community.

SCHEDULE 5 — (ANNEX V TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

SAFETY COMPONENTS : ASSESSMENT OF CONFORMITY

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MODULE B: EC TYPE-EXAMINATION

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4

The notified body:

4.1

must examine the technical documentation, verify that the type has been manufactured in conformity with the technical documentation and identify the components which have been designed in accordance with the relevant provisions of the European specifications referred to in Article 2(2) of this Directive as well as those which have been designed without applying the relevant provisions of those European specifications;

4.2

must perform or have performed the appropriate examinations and necessary tests to check whether, where the European specifications referred to in Article 2(2) of this Directive have not been applied, the solutions adopted by the manufacturer meet the essential requirements of this Directive;

4.3

must perform or have performed the appropriate examinations and necessary tests to check whether, where the manufacturer has chosen to apply the relevant European specifications, these have actually been applied;

4.4

must agree with the applicant the location where the examinations and necessary tests are to be carried out.

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MODULE D: PRODUCTION QUALITY ASSURANCE

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3

Quality system

3.1

The manufacturer must lodge an application for assessment of his quality system with a notified body of his choice, for the components concerned.

3.2

The quality system must ensure compliance with the type as described in the EC type-examination certificate and with the requirements of this Directive.

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It must in particular contain an adequate description of: the quality objectives and the organisational structure, responsibilities and powers of the management with regard to competent quality, the manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used, the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out, the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc., the means to monitor the achievement of the required component quality and the effective operation of the quality system.

3.3

The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It presumes conformity with these requirements in respect of quality systems that implement the relevant harmonised standards.

The auditing team must have at least one member with experience of evaluating in the component technology concerned. The evaluation procedure must include an inspection visit to the manufacturer’s premises.

The decision must be notified to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

3.4

The manufacturer must undertake to discharge the obligations arising from the quality system as approved and to maintain it in an appropriate and efficient manner at a proper and efficient level.

The manufacturer or his authorised representative must keep the notified body that has approved the quality system informed of any intended updating of the quality system.

The notified body must evaluate the modifications proposed and decide whether the modified quality system will still satisfy the requirements referred to in paragraph 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4

Surveillance under the responsibility of the notified body

4.1

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2

The manufacturer must allow the notified body entrance for inspection purposes to the places of manufacture, inspection and testing, and storage, and must provide it with all necessary information, in particular:

the quality system documentation,

the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.

4.3

The notified body must periodically carry out audits to make sure that the manufacturer maintains and applies the quality system and must provide an audit report to the manufacturer.

4.4

Additionally the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may carry out or cause to be carried out, tests to verify that the quality system is functioning correctly, if necessary. The notified body must provide the manufacturer with a visit report and, if a test has taken place, a test report.

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MODULE F: PRODUCT VERIFICATION

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4

Verification by examination and testing of every component

4.1

All components must be individually examined and appropriate tests as set out in the relevant European specification(s) referred to in Article 2 or equivalent tests shall be carried out in order to verify their conformity with the type described in the EC type-examination certificate and to the requirements of this Directive.

4.2

The notified body must affix or cause to be affixed, its identification symbol to each approved component and draw up a written certificate of conformity relating to the tests carried out.

4.3

The manufacturer or his authorised representative must ensure that he is able to supply the notified body’s certificates of conformity on request.

5

Statistical verification

5.1

The manufacturer must present his components in the form of homogeneous lots and shall take all measures necessary in order that the manufacturing process ensures the homogeneity of each lot produced.

5.2

All components must be available for verification in the form of homogeneous lots. A random sample must be drawn from each lot. Components in a sample must be individually examined and appropriate tests as set out in the European specification(s) referred to in Article 2(2) of this Directive, or equivalent tests, shall be carried out to ensure their conformity with the requirements of this Directive and to determine whether the lot is accepted or rejected.

5.3

The statistical procedure must use the following elements:

a statistical method,

a sampling plan with its operational characteristics.

5.4

In the case of accepted lots, the notified body must affix, or cause to be affixed, its identification number to each component, and shall draw up a written certificate of conformity relating to the tests carried out. All components in the lot may be put on the market, except those components from the sample which were found not to be in conformity.

If a lot is rejected, the notified body or the competent authority must take appropriate measures to prevent the putting on the market of that lot. In the event of the frequent rejection of lots the notified body may suspend statistical verification.

The manufacturer may, under the responsibility of the notified body, affix the latter’s identification number during the manufacturing process.

5.5

The manufacturer or his authorised representative must ensure that he is able to supply the notified body’s certificates of conformity on request.

MODULE G: UNIT VERIFICATION

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MODULE H: FULL QUALITY ASSURANCE

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3

Quality system

3.1

The manufacturer must lodge an application for assessment of his quality system with a notified body.

3.2

The quality system must ensure compliance of the components with the relevant requirements of this Directive.

3.3

The notified body must assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume compliance with these requirements in respect of quality systems that implement the relevant harmonised standard.

3.4

The manufacturer must undertake to fulfil the obligations arising from the quality system as approved and to uphold it so that it remains adequate and efficient.

4

Surveillance under the responsibility of the notified body

4.1

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2

The manufacturer must allow the notified body entrance for inspection purposes to the places of design, manufacture, inspection and testing, and storage, and shall provide it with all necessary information, in particular:

the quality system documentation,

the quality records as provided for by the design part of the quality system, such as results of analyses, calculations, tests, etc.,

the quality records as provided for by the manufacturing part of the quality system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.

4.3

The notified body must periodically carry out audits to make sure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

4.4

Additionally, the notified body may pay unexpected visits to the manufacturer. At the time of such visits, the notified body may carry out tests or have them carried out in order to check the proper functioning of the quality system where necessary; it must provide the manufacturer with a visit report and, if a test has been carried out, with a test report.

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7

Supplementary requirements; design examination

7.1

The manufacturer must lodge an application for examination of the design with a single notified body.

7.2

The application must enable the design, manufacture and operation of the component to be understood, and shall enable conformity with the requirements of this Directive to be assessed.

7.3

The notified body must examine the application and where the design meets the provisions of this Directive, must issue an EC design examination certificate to the applicant. The certificate shall contain the conclusions of the examination, conditions for its validity, the necessary data for identification of the approved design and, if relevant, a description of the component’s functioning.

7.4

The applicant must keep the notified body that issued the EC design examination certificate informed of any modification to the approved design. Modifications to the approved design must receive additional approval from the notified body that issued the EC design examination certificate where such changes may affect conformity to the essential requirements referred to in Article 3(1) of this Directive or the prescribed conditions for use of the component. This additional approval is given in the form of an addition to the original EC design examination certificate.

7.5

The notified bodies must forward to the other notified bodies the relevant information concerning:

the EC design examination certificates and additions issued,

the EC design approvals and additional approvals withdrawn,

the EC design examination certificates and additions refused.

SCHEDULE 6 — (ANNEX VI TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

SUBSYSTEMS: EC DECLARATION OF CONFORMITY

This Annex applies to the subsystems referred to in Article 9 of this Directive in order to ensure that they fulfil the essential requirements concerning them referred to in Article 3(1) of this Directive.

The EC declaration of conformity must be drawn up by the manufacturer, or his authorised representative established in the Community, or, where such a person is not available, any natural or legal person, who places the subsystem on the market; the declaration and the accompanying technical documentation must be dated and signed.

This EC declaration of conformity and the technical documentation must be drawn up in the same language or languages as the instruction manual, referred to in point 7.1.1 of Annex II and must contain the following information:

the reference of this Directive,

the name and address of the person who ordered EC examination,

a description of the subsystem,

the name and address of the notified body which carried out the EC examination, referred to in Article 11 of this Directive,

all relevant provisions with which the subsystem must comply, in particular any operating restrictions or operating conditions,

the outcome of EC examination referred to in Annex VII (EC conformity certificate),

particulars of the person who is authorised to sign a legally binding declaration for the manufacturer, or his authorised representative or, where such a person is not available, the natural or legal person, who places the subsystem on the market.

SCHEDULE 7 — (ANNEX VII TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

SUBSYSTEMS : ASSESSMENT OF CONFORMITY

1

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2

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3

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4

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5

Surveillance

5.1

It shall be ensured by means of surveillance that during construction of the subsystem the obligations arising from the technical documentation are fulfilled.

5.2

The notified body responsible for EC examination must have permanent access to the production shops, storage areas and, where necessary, to prefabrication areas, testing plants and more generally to any locations it feels it needs to visit in order to perform its task. The manufacturer or his authorised representative or, where such a person is not available, the natural or legal person who places the subsystem on the market must provide it with, or arrange for it to be provided with, any documents required to that end, notably the plans and technical documentation relating to the subsystem.

5.3

The notified body responsible for EC examination must periodically carry out audits to ensure compliance with the provisions of this Directive. On each visit it must provide the site supervisor responsible with an audit report. It may ask to be brought in to inspect various stages of the work.

5.4

In addition, the notified body may pay unexpected visits to the production shops. During such visits it may carry out full or partial audits. The notified body must draw up a report on the visit and, where necessary, submit an audit report to the site supervisor responsible.

6

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SCHEDULE 8 — (ANNEX VIII TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY THE MEMBER STATE FOR THE APPOINTMENT OF NOTIFICATION BODIES

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2

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3

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4

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5

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6

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7

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SCHEDULE 9 — (ANNEX IX TO THE CABLEWAY INSTALLATIONS DIRECTIVE)

CE CONFORMITY MARKING

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

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

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.

The CE marking shall 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 Article 7(3) of this Directive.

Signed

Signed by authority of the Secretary of State for Transport

David Jamieson — Parliamentary Under Secretary — Department for Transport — 2004-01-28

Explanatory note

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Footnotes

[^f00001]: S.I. 2001/2555.

[^f00002]: 1972 c. 68.

[^f00003]: O.J. L 106, 3.5.2000, p. 21.

[^f00004]: Cmnd. 2972 and 2183. The application of the Cableways Directive was extended to the EEA from 29th September 2001 by virtue of Decision No. 115/2001 of the EEA Joint Committee (O.J. No. L 322, 6.12.2001, p. 27) which inserted a reference to the Cableways Directive after point 1a in Chapter XXIV of Annex II to the EEA Agreement.

[^f00005]: 1974 c. 37.

[^f00006]: S.I. 1978/1039 (N.I. 9).

[^f00007]: Established under section 10 of the 1974 Act.

[^f00008]: Formerly known as the Health and Safety Agency for Northern Ireland which was established under Article 12 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)). Article 3(1) of the Health and Safety at Work (Amendment) (Northern Ireland) Order 1998 (S.I. 1998/2795 (N.I. 18)) changed its name to the Health and Safety Executive for Northern Ireland.

[^f00009]: O.J. L 204, 21.7.1998, p. 37 as amended by Directive 98/48/EC (O.J. L 217, 5.8.1998, p. 18).

[^f00010]: O.J. No. L204, 21.07.1998, p. 37.

[^f00011]: S.I. 1997/831.

— they are capable of reacting to an initial breakdown or failure detected so as to remain either in a state that guarantees safety, in a lower operating mode or in a fail-safe state,

— they are redundant and are monitored, or

— they are such that the probability of their failure can be evaluated and they are of a standard equivalent to that achieved by safety devices that meet the criteria in the first and second indents.

The declaration must state the following particulars:

— the references of this Directive,

— name, business name and full address of the manufacturer or his authorised representative established in the Community. An authorised representative must also give the name, business name and full address of the manufacturer,

— description of the component (make, type, etc.),

— details of the conformity declaration procedure used (Article 7 of this Directive),

— all relevant provisions with which the component must comply and, in particular, the conditions of use,

— the name and address of any body notified, involved in the conformity procedure and the date of the EC examination certificate with details, where appropriate, of the duration and conditions of validity of the certificate,

— where appropriate, the reference of the harmonised standards applicable,

— identification of the person empowered to sign on behalf of the manufacturer or his authorised representative established in the Community.

7

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— the reference of this Directive,

— the name and address of the person who ordered EC examination,

— a description of the subsystem,

— the name and address of the notified body which carried out the EC examination, referred to in Article 11 of this Directive,

— all relevant provisions with which the subsystem must comply, in particular any operating restrictions or operating conditions,

— the outcome of EC examination referred to in Annex VII (EC conformity certificate),

— particulars of the person who is authorised to sign a legally binding declaration for the manufacturer, or his authorised representative or, where such a person is not available, the natural or legal person, who places the subsystem on the market.

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