1973L0361 — EN — 05.06.2003 — 005.001

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Amended by:

Amended by:

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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.

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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.

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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.

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Article 5

1. The Commission shall be assisted by the Commitee for the adjustment to technical progress of Directives which concern the elimination of technical barriers to trade in lifting appliances and equipment.

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 1 ) shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The committee shall adopt its rules of procedure.

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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.

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ANNEX

1. GENERAL PROVISIONS

1.1. Every length of wire-rope and chain and every hook shall bear a mark or, if marking is not possible, a small plate or ring securely attached, which shall carry information as to the manufacturer or his authorized agent established in the European Economic Community and indentify the relevant certificate (cf. points 2.1, 3.1 and 4.1).

1.2. The manufacturer or his authorized agent established in the European Economic Community shall certify by means of the relevant certificate that every length of wire-rope and chain and each hook complies with the characteristics indicated (cf. points 2.1, 3.1 and 4.1).

2. PROVISIONS CONCERNING WIRE-ROPES

2.1. The manufacturer or his authorized agent established in the European Economic Community shall issue for each wire-rope a certificate containing at least the following information: (1) the name and address of the manufacturer or his authorized agent established in the European Economic Community; (2) nominal diameter; (3) nominal mass per linear metre; (4) type of lay (ordinary lay, Lang's lay, alternate lay) and direction of lay (right hand, left hand); (5) preformed or not preformed; (6) construction (composition and type of wire-rope, number of strands, number of wires per strand, nature of core and composition if of steel; (7) tensile grade(s) of the wires; (8) minimum breaking load of rope (that is the minimum load which shall be reached in the tensile test to destruction). If a tensile test to destruction has been carried out information about the test shall be given; (9) surface finish of wire: if wire is galvanized give grade or quality. If other protective finish give details; (10) if the wires are not made of carbon steel, state specifications; (11) if the wire-rope is made to a national or international standard, identify this standard; (12) if tests have been carried out on the wires, and/or on the ropes state the standard or specification to which the tests comply. If not to a standard or specification, these tests should be detailed, as well as the results; (13) if the construction or composition of the rope is such as to require special maintenance and/or inspection, instructions shall be supplied; (14) signature in accordance with point 1; (15) position of signatory in manufacturing company or the manufacturer's authorized agent; (16) place and date.

3. PROVISION CONCERNING ROUND STEEL CHAINS

3.1. The manufacturer or his authorized agent established in the European Economic Community shall issue for each chain a certificate bearing at least the following information: (1) the name and address of the manufacturer or his authorized agent established in the European Economic Community; (2) characteristics for non-calibrated chains: nominal external length of the link, nominal external width, nominal diameter of the wire with indication of tolerances; enclose a schematic drawing of at least two consecutive links showing the dimensions; (3) characteristics for calibrated chains: nominal external length of the link, nominal external width, nominal diameter of the wire, nominal pitch, with indication of tolerances relating to all these dimensions; enclose a schematic drawing of at least two consecutive links showing the dimensions; (4) nominal mass per linear metre; (5) the method of welding the links; (6) the value of the proof load applied to the whole chain after heat treatment; (7) minimum breaking load of the chain (that is the minimum load which shall be reached in the tensile test to destruction); (8) the minimum total ultimate elongation expressed as a percentage also state length of samples or number of links tested; (9) material properties of the chain (e.g. international grade of the chain or alternatively specification of the steel of the chain); (10) the type of the heat treatment applied; (11) if the chain is made to a national or international standard, identify this standard; (12) if tests have been carried out on the chain, state the standard or specification to which the tests comply. If not to a standard or specification, these tests should be detailed and the results given; (13) if the properties of the chain require special treatment, maintenance and/or inspection information shall be given; (14) signature in accordance with point 1; (15) position of signatory in manufacturing company or the manufacturer's authorized agent; (16) place and date.

3.2. Chain manufactured to a national or an international standard shall bear legible and permanent quality marks in accordance with the relevant standard. These quality marks shall be put on each length of chain: there shall be at least one mark per metre or one mark on one link in every 20 links, whichever is the lesser interval. The marks shall have the following dimensions:



4. PROVISIONS CONCERNING HOOKS

4.1. The manufacturer or his authorized agent established in the European Economic Community shall issue for each batch of hooks, or at the request of the user, for each hook, a certificate bearing at least the following information: (1) the name and address of the manufacturer or his authorized agent established in the European Economic Community; (2) if this certificate applies to a batch of hooks state how many were in the batch; (3) the type of hook; (4) the dimensional characteristics: enclose schematic drawing of the hook showing principal dimensions; (5) the maximum proof load which can be applied to the hook such that after removal of the proof load there is no significant permanent deformation; in no case shall the permanent deformation as measured across the opening of the hook exceed 0·25 %; (6) the load at which the hook just opens or would open to such an extent that it is no longer capable of supporting the load; in the case of a hook the construction of which is such, that it is or would be likely to break rather than drop the load due to opening of the hook, the minimum breaking load should be stated; (7) material properties of the hook (e.g. international grade of the hook or alternatively specification of the steel of the hook); (8) type of heat treatment applied during manufacture of the hook; (9) if the hook is made to a national or international standard, identify this standard and identify the hook according to this standard; (10) if tests have been carried out on the hook(s) state the standards or specifications to which the tests comply. If not to a standard or specification, these tests should be detailed (in the case of batches the number of samples) as well as the results; (11) if the properties of the hook require special treatment, maintenance and/or inspection information shall be given; (12) signature in accordance with point 1; (13) position of signatory in manufacturing company or the manufacturer's authorized agent; (14) place and date.

4.2. A hook manufactured to a national or international standard must bear a legible and permanent quality mark in accordance with that standard.

( 1 ) OJ L 184, 17.7.1999, p. 23.