1973L0361 — EN — 01.01.1986 — 003.001 — 1
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►B COUNCILDIRECTIVE
of19November1973
ontheapproximationofthelaws,regulationsandadministrativeprovisionsoftheMemberStates
relating tothecertification andmarkingofwire-ropes,chainsandhooks
(73/361/EEC)
(OJ L 335, 5.12.1973, p. 51)
Amended by:
Official Journal
No page date
►M1Commission Directive 76/434/EEC of 13 April 1976 L 122 20 8.5.1976
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Spain and Portugal L 302 23 15.11.1985
▼B
COUNCILDIRECTIVE
of19November1973
on the approximation of the laws, regulations and administrative
provisions of the Member States relating to the certification and
markingofwire-ropes,chainsandhooks
(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 beused 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 provisionsconcerning 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 subsequentlyadopted regarding the constructional requirements of various liftingappliances 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 facilitatethe implementation of the measures necessary to this end, a procedureshould be laid down establishing close cooperation between theMember 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 applicancesand 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 under-
stood wire ropes, round steel chains, and hooks intended for liftingand 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 equipmentreferred to in Article 1, if it is provided witha certificate and markingswhich comply with the provisions in the Annex.1973L0361 — EN — 01.01.1986 — 003.001 — 2
▼B
2. However, if a Member State ascertains that the characteristics, in
particular the minimum characteristics, of a piece of lifting equipmentdo not correspond to those listed on the certificate, it may suspend the
placing on the market of this piece of lifting equipment. It shall imme-
diately 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 thedispute.
The Commission shall be kept informed. It shall enter into, as far as is
necessary, appropriate consultations to reacha 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 mark-
ings provided for by this Direcitve should be expressed in the form ofsymbols 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 theelimination of technical barriers to trade in lifting appliances andequipment. It shall consist of representatives of the Member Stateswith 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 provi-
sions 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 onhis own initiative or at the request of the representative of a MemberState.
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 adoptedby a majority of ►
A2fifty-four ◄votes, the votes of Member States
being weighted as provided in Article 148 (2) of the Treaty. TheChairman 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, theCommission shall without delay propose to the Council themeasures 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 adoptedby 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 notificationand shall forthwith inform the Commission thereof.1973L0361 — EN — 01.01.1986 — 003.001 — 3
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2. The Member States shall ensure that the texts of the main provi-
sions of national law which they adopt in the field covered by thisDirective are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.1973L0361 — EN — 01.01.1986 — 003.001 — 4
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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 finishof 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, iden-
tify 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 withpoint 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;1973L0361 — EN — 01.01.1986 — 003.001 — 5
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(5) the method of welding the links;
(6) the value of the proof load applied to the whole chain after heat treat-
ment;
(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 lengthof 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 speci-
fication 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 withpoint 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 withth e relevant stan-
dard. 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 dimen-
sions:
Nominal diameter of the wire (in mm)Minimum dimensions of the figures (in
mm)
up to 8 inclusive 2
over 8 up to 12·5 inclusive 3
over 12·5 up to 26 inclusive 4·5
over 26 6
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 infor-
mation:
(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;1973L0361 — EN — 01.01.1986 — 003.001 — 6
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(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 speci-
fication, 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 withpoint 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 withth at standard.1973L0361 — EN — 01.01.1986 — 003.001 — 7