Regulation (EU) 2016/424 of the European Parliament and of the CouncilShow full title

Article 3 U.K. Definitions

For the purposes of this Regulation the following definitions apply:

(1)

‘cableway installation’ means a whole on-site system, consisting of infrastructure and subsystems, which is designed, constructed, assembled and put into service with the objective of transporting persons, where the traction is provided by cables positioned along the line of travel;

(2)

‘subsystem’ means a system listed in Annex I, or a combination thereof, intended to be incorporated into a cableway installation;

(3)

‘infrastructure’ means a station structure or a structure along the line specifically designed for each cableway installation and constructed on-site, which takes into account the layout and the data of the system and which is needed for the construction and the operation of the cableway installation, including the foundations;

(4)

‘safety component’ means any component of equipment or any device intended to be incorporated into a subsystem or a cableway installation for the purpose of ensuring a safety function, the failure of which endangers the safety or health of passengers, operating personnel or third parties;

(5)

‘operability’ means all the technical provisions and measures which have an impact on design and construction and are necessary in order for the cableway installation to operate safely;

(6)

‘maintainability’ means all the technical provisions and measures which have an impact on design and construction and are necessary for maintenance, having been designed to ensure that the cableway installation operates safely;

(7)

‘cable car’ means a cableway installation where the carriers are suspended from and propelled by one or more cables;

(8)

‘drag lift’ means a cableway installation where passengers with appropriate equipment are towed along a prepared track;

(9)

‘funicular railway’ means a cableway installation in which the carriers are hauled by one or more ropes along a track that may lie on the ground or be supported by fixed structures;

(10)

‘making available on the market’ means any supply of a subsystem or a safety component for distribution or use on the F1 ... market in the course of a commercial activity, whether in return for payment or free of charge;

(11)

‘placing on the market’ means the first making available of a subsystem or a safety component on the F2 ... market;

(12)

‘entry into service’ means the initial operation of a cableway installation with the explicit object of transporting persons;

(13)

‘manufacturer’ means any natural or legal person who manufactures a subsystem or a safety component or who has such a subsystem or a safety component designed or manufactured, and markets that subsystem or safety component under his name or trade mark or incorporates it into a cableway installation;

(14)

‘authorised representative’ means any natural or legal person F3 ... who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;

(15)

‘importer’ means any natural or legal person [F4 established within the United Kingdom] who places a subsystem or a safety component from a third country on the [F5 market];

(16)

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a subsystem or a safety component available on the market;

(17)

‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor of a subsystem or a safety component;

(18)

‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a cableway installation, infrastructure, subsystem or safety component;

(19)

F6 ...

(20)

‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;

(21)

F7 ...

(22)

‘conformity assessment’ means the process demonstrating whether the essential requirements of this Regulation relating to a subsystem or safety component have been fulfilled;

(23)

‘conformity assessment body’ means a body that performs conformity assessment activities relating to a subsystem or safety component, including calibration, testing, certification and inspection;

(24)

‘recall’ means any measure aimed at achieving the return of a subsystem or a safety component that has already been made available to the person responsible for the cableway installation;

(25)

‘withdrawal’ means any measure aimed at preventing a subsystem or a safety component in the supply chain from being made available on the market;

(26)

F8 ...

(27)

F9 ...

(28)

[F10 ‘the EU Regulation’ means Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC as that Regulation has effect in EU law as amended from time to time;

(29)

‘the Executive’ means—

(a)

in Great Britain, the Health and Safety Executive,

(b)

in Northern Ireland, the Health and Safety Executive for Northern Ireland;

(30)

‘designated standard’ has the meaning given by article 3A;

(31)

‘RAMS’ means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;

(32)

‘UK marking’ means marking in the form published in accordance with Article 30(1) of RAMS.]

Textual Amendments

F1 Word in Art. 3(10) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Art. 3(11) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 3(14) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 3(15) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 3(15) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 3(19) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(e); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 3(21) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(f); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 3(26) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(g); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 3(27) omitted (31.12.2020) by virtue of The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(h); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 3(28)-(32) inserted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 14(i); 2020 c. 1, Sch. 5 para. 1(1)