Committee Reports > List of Committees > Joint > 1979 > Committee on the Secondary Legislation of the European Communities > Report No. 56 - Tower Cranes

REPORT

Proposal Examined

1. The Joint Committee has examined the Commission’s proposal for a Council Directive on the approximation of the laws of the Member States relating to safety requirements for tower cranes for building work [R/3431/78 (ECO 282)]. The proposal is based on Article 100 of the EEC Treaty and is aimed at removing the barriers to intra-Community trade in tower cranes which arise from differences in the laws, regulations and administrative practices in the Member States that exist for the protection of users of those cranes and other persons.

2. The proposed Directive is the second proposal for a specific Directive which the Commission has made to the Council based on a proposed framework Directive on lifting and mechanical devices which has been before the Council since 1975.

Contents of Proposal

3. The proposed Directive would establish a system under which inspections would be carried out by national authorities and EEC type-examination certificates issued for each type of tower crane which complies with the technical requirements specified. The manufacturer or his agent would issue a certificate of conformity for each type of tower crane constructed in accordance with the approved pattern and affix an EEC conformity mark on each crane. Member States would be prohibited from preventing, on grounds relating to the requirement laid down in the Directive, tower cranes accompanied by a certificate of conformity and bearing the approved conformity mark from being placed on the market.

4. The harmonisation proposed is of the “optional” variety. Accordingly, Member States would not be obliged to prohibit the use of tower cranes which do not comply with the Directive.

Implications for Ireland

5. The Construction (Safety, Health and Welfare) Regulations, 1975, made under the Factories Act, 1955, contain provisions with respect to cranes. The Joint Committee is advised that these do not prescribe any conditions which would preclude the use of cranes built to EEC specifications.

6. The Committee is informed that there is one company in this country interested in the manufacture of tower cranes although they are not manufacturing them at present. It understands that the company has not indicated that any difficulties are presented in the specifications laid down in the draft Directive.

Views of the Joint Committee

7. The Joint Committee has no objection in principle to the harmonisation of national laws relating to tower cranes along the lines of the proposed Directive. The question remains, however, whether the technical provisions contained in the annex to the draft Directive are adequate for the purpose. A memorandum received from the Irish Congress of Trade Unions, which is reproduced in the Appendix to this report suggests that they are not. The Committee accordingly recommends that the technical provisions be specially examined in the light of the Congress’s comments to see what changes can be made to meet the points made.

Bodies Consulted

8. In examining the proposal the Joint Committe consulted the Construction Industry Federation, the Confederation of Irish Industry and the Irish Congress of Trade Unions. It wishes to express its sincere thanks for the assistance it received.

(Signed) MARK CLINTON,

Chairman of the Joint Committee.

27th June, 1979.