COUNCIL DIRECTIVE of 19 November 1973 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the certification and marking of wire-ropes, chains and hooks (73/361/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Social Committee;
Whereas in several Member States certification and markings are prescribed for certain wire-ropes, chains and hooks which are to be used for lifting and handling ; whereas these provisions differ from one Member State to another ; whereas owing to their differences they hinder trade within the European Economic Community;
Whereas these hindrances to the establishment and functioning of the common market may be reduced, even removed, if the same provisions concerning the certification and marking of wire-ropes, chains and hooks are adopted in all Member States, either supplementary to or in place of the present national provisions;
Whereas this Directive is confined to provisions on the certification and markings of wire-ropes, chains and hooks ; whereas certification and markings will enable manufacturers and users of lifting appliances to know inter alia the characteristics of these wire-ropes, chains and hooks ; whereas, moreover, directives which will be subsequently adopted regarding the constructional requirements of various lifting appliances will include provisions on the particular use of the wire-ropes, chains and hooks;
Whereas technical progress requires a rapid adjustment of the technical provisions for lifting appliances and equipment ; whereas to facilitate the implementation of the measures necessary to this end, a procedure should be laid down establishing close cooperation between the Member States and the Commission in the form of a Committee for adjusting to technical progress directives on the removal of technical barriers to intra-Community trade in the sector of lifting applicances and equipment,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns lifting equipment excluding: - lifting equipment which is not new,
- lifting equipment used on board ships and for railways, funicular railways and cableways.
By lifting equipment, within the meaning of this Directive, is understood wire ropes, round steel chains, and hooks intended for lifting and mechanical handling equipment.
Article 2
1. No Member State may forbid or restrict, for reasons concerning certification or marking, the placing on the market of lifting equipment referred to in Article 1, if it is provided with a certificate and markings which comply with the provisions in the Annex.
2. However, if a Member State ascertains that the characteristics, in particular the minimum characteristics, of a piece of lifting equipment do not correspond to those listed on the certificate, it may suspend the placing on the market of this piece of lifting equipment. It shall immediately inform the other Member States and the Commission thereof, stating the reasons for its decision.
If a Member State questions the grounds of the measures referred to above, the Member State concerned shall endeavour to settle the dispute.
The Commission shall be kept informed. It shall enter into, as far as is necessary, appropriate consultations to reach a solution.
Article 3
The Member States may demand that, on their territory at the time of the offer and the sale to the final customer, the certification and markings provided for by this Directive should be expressed in the form of symbols agreed on an international scale, or in their national language.
Article 4
1. A committee (hereinafter called the "Committee"), is hereby set up to adjust to technical progress those directives which concern the elimination of technical barriers to trade in lifting appliances and equipment. It shall consist of representatives of the Member States with a representative of the Commission as Chairman.
2. The Committee shall adopt its own rules of procedure.
3. The necessary alterations to adjust to technical progress the provisions in the Annex shall be adopted in accordance with the procedure laid down in Article 5.
Article 5
1. Where the procedure laid down in this Article is to be followed, matters shall be referred to the Committee by the Chairman, either on his own initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its Opinion of the draft within a time limit set by the Chairman having regard to the urgency of the matter. Opinions shall be adopted by a majority of forty-one votes, the votes of Member States being weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged where they are in accordance with the Opinion of the Committee.
(b) Where the measures envisaged are not in accordance with the Opinion of the Committee, or if no Opinion is adopted, the Commission shall without delay propose to the Council the measures to be adopted. The Council shall act by a qualified majority.
(c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 6
1. The Member States shall put into force the provisions needed to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.
2. The Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 19 November 1973.