2001 No. 1701

ENVIRONMENTAL PROTECTION

The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

Made3rd May 2001

Laid before Parliament3rd May 2001

Coming into force

regulations 1, 2 and 144th June 2001

Remaining regulations3rd July 2001

The Secretary of State, being a Minister designatedF1 for the purposes of section 2(2) of the European Communities Act 1972F2 in relation to measures relating to noise emission in the environment by equipment for use outdoors, in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations:

Citation, commencement and revocation1.

(1)

These Regulations may be cited as the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001.

(2)

This regulation, regulations 2 and 14 shall come into force on 4th June 2001, except that regulation 2(1)(b) shall not have effect until the date of the coming into force of the Decision by the EEA Joint Committee by which the application of the Directive is extended to the EEA.

(3)

The remaining regulations shall come into force on 3rd July 2001.

(4)

The Construction Plant and Equipment (Harmonization of Noise Emission Standards) Regulations 1985 F3, the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 F4, the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992 F5 and the Construction Plant and Equipment (Noise Emission) Regulations (Northern Ireland) 1987 F6 are revoked with effect from 3rd January 2002.

Interpretation2.

(1)

In these Regulations—

(a)

“the Directive" means Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors F7... ;

F8(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(c)

unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference to a paragraph in a regulation is a reference to a paragraph in that regulation.

(2)

In these Regulations, unless the context otherwise requires—

F10“approved body” has the meaning given to it in regulation 13;
“CE marking" means the CE marking referred to in F11Article 3(c) of the Directive consisting of the initials “CE" in the form shown in F12Annex IV to the Directive;
F13...
“enforcement authority" shall be construed in accordance with paragraph 1(1) of Schedule 13;
“equipment" means equipment for use outdoors;
F14“equipment for use outdoors” means F15...—
1. (a)
  assemblies which fall within one of the following descriptions—
  1. (i)
    an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;
  2. (ii)
    an assembly as referred to in sub-paragraph (i), missing only the components to connect it on site or to sources of energy and motion;
  3. (iii)
    an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or structure;
  4. (iv)
    assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly completed machinery, which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;
  5. (v)
    an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort;
2. (b)
  devices which, after the putting into service of machinery or of a tractor, are assembled with that machinery or tractor by operators themselves in order to change its function or attribute a new function, in so far as they are not tools (“interchangeable equipment”); and
3. (c)
  components—
  1. (i)
    which serve to fulfil a safety function;
  2. (ii)
    which are independently placed on the market;
  3. (iii)
    the failure or malfunction of which endangers the safety of persons; and
  4. (iv)
    which are not necessary in order for the machinery to function, or for which other components which do not fall within sub-paragraphs (i) to (iii) may be substituted in order for the machinery to function,
to the extent that they are either self-propelled or can be moved and which, irrespective of the driving element(s), are intended to be used, according to their type, in the open air and which contribute to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;
“indication of the guaranteed sound power level" means the indication referred to in regulation 11 in the form shown in Schedule 7;
“open air" includes the use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance, under tents, under roofs for protection against rain or in the shell of houses);
“responsible person" means
1. (a)
  the manufacturer;
2. (b)
  the manufacturer’s authorised representative established in the F16United Kingdom; or
3. (c)
  where neither the manufacturer nor his authorised representative is established in the F16United Kingdom, the person placing the equipment on the market or putting it into service in F17Great Britain;
“guaranteed sound power level" means a sound power level determined in accordance with the requirements laid down in Schedule 6 which includes the uncertainties due to production variation and measurement procedures and where the responsible person confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;
“measured sound power level" means a sound power level as determined from measurements as laid down in Schedule 6; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines;
F18...
F19 F20“sound power level L_WA" means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995 and EN ISO 3746: 1995;
F21“UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;

Interpretation2.

(1)

In these Regulations—

(a)

F178(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference—

(i)

to a paragraph in a regulation is a reference to a paragraph in that regulation;

(ii)

to an Annex is a reference to an Annex of the Directive: for the purposes of these Regulations, Annexes I, II, III, IV, V, VI, VII and VIII are respectively set out in Schedules 4, 5, 6, 7, 8, 9, 10 and 11;

(iii)

to a paragraph in an Annex is a reference to a paragraph in that Annex as set out in the relevant Schedule;

(iv)

to an Article is a reference to an Article of the Directive.

F179(1A)

A reference in a Schedule to these Regulations—

(a)

to “the European Union” is to be read as a reference to the relevant market;

(b)

to “Community Directives” is to be read as a reference to NI Protocol obligations;

(c)

to “the Notifying Member State” is to be read as a reference to the Secretary of State.

(2)

In these Regulations, unless the context otherwise requires—

“CE marking" means the CE marking referred to in regulation 11 consisting of the initials “CE" in the form shown in Schedule 7;
“the Commission" means the Commission of the F180European Union;
“enforcement authority" shall be construed in accordance with paragraph 1(1) of Schedule 13;
“equipment" means equipment for use outdoors;
F181“equipment for use outdoors” means all the kinds of machinery referred to in Article 2(a), (b) and (c) of Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC, that is to say—
1. (a)
  assemblies which fall within one of the following descriptions—
  1. (i)
    an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;
  2. (ii)
    an assembly as referred to in sub-paragraph (i), missing only the components to connect it on site or to sources of energy and motion;
  3. (iii)
    an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or structure;
  4. (iv)
    assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly completed machinery, which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;
  5. (v)
    an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort;
2. (b)
  devices which, after the putting into service of machinery or of a tractor, are assembled with that machinery or tractor by operators themselves in order to change its function or attribute a new function, in so far as they are not tools (“interchangeable equipment”); and
3. (c)
  components—
  1. (i)
    which serve to fulfil a safety function;
  2. (ii)
    which are independently placed on the market;
  3. (iii)
    the failure or malfunction of which endangers the safety of persons; and
  4. (iv)
    which are not necessary in order for the machinery to function, or for which other components which do not fall within sub-paragraphs (i) to (iii) may be substituted in order for the machinery to function,
to the extent that they are either self-propelled or can be moved and which, irrespective of the driving element(s), are intended to be used, according to their type, in the open air and which contribute to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;
“indication of the guaranteed sound power level" means the indication referred to in regulation 11 in the form shown in Schedule 7;
F182“NI Protocol obligation” means any obligation created or arising by or under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;
“open air" includes the use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance, under tents, under roofs for protection against rain or in the shell of houses);
F183“relevant market means—
1. (a)
  the market of Northern Ireland; and
2. (b)
  the markets of the EEA states;
“responsible person" means
1. (a)
  the manufacturer;
2. (b)
  the manufacturer’s authorised representative established in the F184relevant market; or
3. (c)
  where neither the manufacturer nor his authorised representative is established in the F184relevant market, the person placing the equipment on the market or putting it into service in the F184relevant market;
“guaranteed sound power level" means a sound power level determined in accordance with the requirements laid down in Schedule 6 which includes the uncertainties due to production variation and measurement procedures and where the responsible person confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;
“measured sound power level" means a sound power level as determined from measurements as laid down in Schedule 6; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines;
“notified body" shall be construed in accordance with regulation 13;
F185 F186“sound power level L_WA" means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995 and EN ISO 3746: 1995;
F187“UK(NI) indication” means the marking in the form set out in Schedule 1 to Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020.

Application3.

(1)

Subject to regulations 4, 5 and 6, these Regulations shall apply to equipment listed in Schedules 1 and 2, as further defined in Schedule 4.

(2)

These Regulations shall apply, and the provisions of F22sections 1.5.8 and 1.7.4(u) of Part 1 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008 shall not apply, to any equipment listed in Schedules 1 and 2, as further defined in Schedule 4 F23in respect of the requirements relating to the sound power level of equipment.

Excluded equipment4.

These Regulations shall not apply to—

(a)

non-powered attachments separately placed on the market or put into service except for hand-held concrete breakers and picks and those for hydraulic hammers;

(b)

all equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways; or

(c)

equipment specially designed and constructed for military and police purposes and for emergency services.

5.

These Regulations shall not apply to equipment placed on the market before 3rd July 2001.

6. (1)

Subject to paragraph (2), these Regulations shall not apply to equipment placed on the market or put into service on or before 2nd January 2002 which comply with any provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 2nd July 2001.

(2)

The exclusion provided in paragraph (1) shall not apply in the case of equipment which—

(a)

unless required to bear the CE marking pursuant to any other F24EU obligation, bears the CE marking or an inscription liable to be confused with it; or

(b)

bears or is accompanied by any other indication, howsoever expressed, that it complies with the Directive.

General duty relating to placing on the market or putting into service7.

(1)

Subject to regulation 8, no person, who is a responsible person, shall place on the market or put into service any equipment listed in Schedules 1 and 2 and further defined in Schedule 4 unless the requirements of paragraph (2) have been complied with in relation to it.

(2)

The requirements in respect of equipment described in paragraph (1) are that:

(a)

it satisfies the relevant requirements set out in regulation 8;

(b)

the appropriate conformity assessment procedure referred to in regulation 10 has been completed in relation to it;

(c)

it bears the F25UK marking and the indication of the guaranteed sound power level in accordance with regulation 11; and

(d)

it is accompanied by F26a declaration of conformity the minimum content of which is set out in Schedule 5.

F27(2A)

Where paragraph (2B) applies, paragraph (2)(c) is met where the UK marking is affixed to—

(a)

a label affixed to the equipment; or

(b)

a document accompanying the equipment.

(2B)

This paragraph applies to equipment that is placed on the market within a period of F28seven years beginning with IP completion day.

(3)

F29... The declaration of conformity shall be in English.

(4)

A specimen of the declaration of conformity shall be retained by the responsible person for 10 years from the date on which the type of equipment was last manufactured, together with the technical documentation as provided for in Schedule 8 point 3, Schedule 9 point 3, Schedule 10 point 2, and Schedule 11 points 3.1 and 3.3.

(5)

Type-examination certificates issued and measurements of equipment carried out under the Regulations listed in regulation 1(4) may be used in drawing up the technical documentation referred to in paragraph (4) above.

(6)

Paragraph (1) shall only apply to equipment that is placed on the market or put into service as an entire unit suitable for the intended use of that equipment.

General duty relating to placing on the market or putting into service7.

(1)

(2)

The requirements in respect of equipment described in paragraph (1) are that:

(a)

it satisfies the relevant requirements set out in regulation 8;

(b)

the appropriate conformity assessment procedure referred to in regulation 10 has been completed in relation to it;

F188(c)

in accordance with regulation 11, it bears the—

(i)

CE marking, accompanied, where regulation 11(2A) applies, by the UK(NI) indication;

(ii)

indication of the guaranteed sound power level;

(d)

it is accompanied by an EC declaration of conformity the minimum content of which is set out in Schedule 5.

(3)

In respect of equipment to be placed on the market or put into service in the United Kingdom, the declaration of conformity shall be in English.

(4)

(5)

(6)

Paragraph (1) shall only apply to equipment that is placed on the market or put into service as an entire unit suitable for the intended use of that equipment.

Permissible sound power level of equipment8.

(1)

The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 1 and defined in Schedule 4 are that the guaranteed sound power level does not exceed the applicable permissible sound power level as laid down in the table set out in Schedule 3 and as calculated in accordance with the provisions in Schedule 6.

(2)

The sound power levels in the column headed “Stage I" of the table set out in Schedule 3 shall apply from 3rd January 2002 and those in the column headed “Stage II" of the said table shall apply from 3rd January 2006.

(3)

The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 2 and defined in Schedule 4 are that the guaranteed sound power level shall be marked on the equipment.

Exceptions to placing on the market and putting into service of certain equipment9.

For the purposes of regulation 7, equipment shall not be regarded as being placed on the market or put into service—

(a)

where that equipment—

(i)

will be put into service in a country outside F30Great Britain; or

F31(ii)

is imported into Great Britain for re-export to Northern Ireland or a country outside of the United Kingdom;

save that this paragraph shall not apply if the F32UK marking, or any inscription liable to be confused therewith, is affixed thereto; or

(b)

by the showing at trade fairs, exhibitions, demonstrations and similar events, of that equipment in respect of which the provisions of these Regulations are not satisfied if—

(i)

a visible sign clearly indicates that—

(aa)

such equipment does not conform; and

(bb)

it is not placed on the market or put into service until it has been brought into conformity by the responsible person; and

(ii)

adequate safety measures are taken during demonstrations to ensure the protection of persons.

Exceptions to placing on the market and putting into service of certain equipment9.

For the purposes of regulation 7, equipment shall not be regarded as being placed on the market or put into service—

(a)

where that equipment—

(i)

will be put into service in a F189market outside of the relevant market; or

F190(ii)

is imported into the relevant market for re-export to a market outside of the relevant market,

save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto; or

(b)

by the showing at trade fairs, exhibitions, demonstrations and similar events, of that equipment in respect of which the provisions of these Regulations are not satisfied if—

(i)

a visible sign clearly indicates that—

(aa)

such equipment does not conform; and

(bb)

it is not placed on the market or put into service until it has been brought into conformity by the responsible person; and

(ii)

adequate safety measures are taken during demonstrations to ensure the protection of persons.

Conformity assessment procedures10.

For the purposes of regulation 7(2)(b), the appropriate conformity assessment procedure is:

(a)

for equipment listed in Schedule 1 and defined in Schedule 4, one of the procedures set out in Schedule 9, 10 or 11; or

(b)

for equipment listed in Schedule 2 and defined in Schedule 4, the procedure set out in Schedule 8.

CE marking and indication of the guaranteed sound power level11.

(1)

The F33UK marking shall be accompanied by the indication of the guaranteed sound power level.

(2)

The F33UK marking and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment F34or, where regulation 7(2B) applies, to a label affixed to the equipment or to a document accompanying the equipment.

(3)

Subject to paragraph (4), where the equipment is subject to other F35enactments covering other aspects which provide for the affixing of the F33UK marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other F35enactments.

(4)

Where one or more of the other F35enactments referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the F33UK marking shall indicate conformity only with the F35enactments applied by the manufacturer, and in this case, particulars of the F35enactments applied F36... must be given in the documents, notices or instructions required by the F35enactments and accompanying the equipment.

(5)

The affixing of markings or inscriptions on equipment which are likely to be misleading as to the meaning or form of the F33UK marking or to the indication of the guaranteed sound power level is prohibited.

(6)

Any other marking may be affixed to equipment provided that the visibility and legibility of the F33UK marking and the indication of the guaranteed sound power level is not thereby reduced.

CE marking and indication of the guaranteed sound power level11.

(1)

The CE marking shall be accompanied by the indication of the guaranteed sound power level.

(2)

The CE marking and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment.

F191(2A)

Where a notified body established in the United Kingdom appointed pursuant to regulation 14 has carried out one or more of the conformity assessment procedures mentioned or referred to in regulation 10, the CE marking must be accompanied by the UK(NI) indication affixed in accordance with paragraph (2B).

(2B)

The UK(NI) indication must be affixed—

(a)

in a visible, legible and indelible form to each item of equipment; and

(b)

before the equipment is placed on the market in Northern Ireland.

(3)

Subject to paragraph (4), where the equipment is subject to other F192NI Protocol obligations covering other aspects which provide for the affixing of the CE marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other F192NI Protocol obligations.

(4)

Where one or more of the other F193NI Protocol obligations referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the F193NI Protocol obligations applied by the manufacturer, and in this case, particulars of the F193NI Protocol obligations applied, as published in the Official Journal of the F194European Union, must be given in the documents, notices or instructions required by the F193NI Protocol obligations and accompanying the equipment.

(5)

The affixing of markings or inscriptions on equipment which are likely to be misleading as to the meaning or form of the CE marking or to the indication of the guaranteed sound power level is prohibited.

(6)

Any other marking may be affixed to equipment provided that the visibility and legibility of the CE marking and the indication of the guaranteed sound power level is not thereby reduced.

Provision of dataF3712.

The responsible person must send a copy of the declaration of conformity to the Secretary of State ~~F38and to the Commission~~ within 28 days of placing the equipment on the market.

F39Obligations which are met by complying with obligations in the Directive12A.

(1)

In this regulation—

(a)

any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b)

“conformity assessment procedure” has the meaning given to it in Article 3(b).

(2)

Paragraph (3) applies where, before placing equipment on the market or putting it into service in Great Britain, a responsible person—

(a)

ensures that the equipment satisfies the requirements of the Directive concerning noise emission in the environment;

(b)

ensures that the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;

(c)

ensures that the technical documentation referred to in Article 14 and Annexes V to VIII, and any other records and correspondence relating to the relevant conformity assessment procedure set out in those provisions, are prepared in or translated into English;

(d)

ensures that the equipment bears a CE marking and an indication of the guaranteed sound power level in accordance with Article 11;

(e)

draws up an EC declaration of conformity, in accordance with Article 8; and

(f)

ensures that the EC declaration of conformity is prepared in or translated into English.

(3)

Where this paragraph applies—

(a)

the requirements of regulation 7(2) and (3) are to be treated as being satisfied;

(b)

regulations 7(4), 11, 12, 16(1), 17 and 18 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4); and

(c)

regulation 10 does not apply.

(4)

The modifications referred to in paragraph (3)(b) are that—

(a)

any reference to “declaration of conformity” is to be read as a reference to the EC declaration of conformity referred to in Article 8(1);

(b)

any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 8(3);

(c)

any reference to “UK marking” is to be read as a reference to the CE marking; and

(d)

for the purposes of regulation 16(1)—

(i)

the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);

(ii)

the reference to regulation 7(2)(d) is to be read as a reference to Article 8(1); and

(iii)

the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).

F40Further use of UK marking12B.

(1)

In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2)

Paragraph (3) applies where, before placing equipment on the market or putting it into service in Great Britain, a responsible person ensures that—

(a)

the applicable requirements of Article 12 or 13 are met with respect to the equipment;

(b)

the conformity assessment procedure that applies to the equipment in accordance with Article 14(1) or (2) has been carried out;

(c)

the technical documentation referred to in Article 14 and in Annexes V to VIII has been drawn up;

(d)

the technical documentation and any other records and correspondence relating to the applicable conformity assessment procedure are prepared in or translated into English.

(3)

Where this paragraph applies—

(a)

the requirements of regulation 7(2)(a) and (b) are to be treated as being satisfied;

(b)

regulation 10 does not apply;

(c)

regulations 7(2)(c), (4) and (5), 11, 16(1) and 17 and paragraph 8 of Schedule 13 apply subject to the modifications in paragraph (4);

(d)

Schedule 5 applies subject to the modifications in paragraphs (4) and (5).

(4)

The modifications referred to in paragraph (3)(c) and (d) are that—

(a)

any reference to the “indication of the guaranteed sound power level” is to be read as a reference to the indication of the guaranteed sound power level referred to in Article 11 and Annex IV;

(b)

any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Article 14 and Annexes V to VIII;

(c)

for the purpose of regulation 16(1)—

(i)

the reference to regulation 7(2)(c) is to be read as a reference to Article 11(2);

(ii)

the reference to regulation 10 is to be read as a reference to Article 14(1) or (2).

(5)

The modifications to Schedule 5 referred to in paragraph (3)(d) are—

(a)

the reference to “conformity assessment procedure” is to be read as a reference to the conformity assessment procedure applied to the equipment in accordance with Article 14(1) or (2);

(b)

the reference to “approved body” is to be read as a reference to any body which undertook a conformity assessment procedure in accordance with Article 14(1) or (2);

(c)

any reference to “these Regulations” is to be read as including a reference to the Directive.

F41Qualifying Northern Ireland Goods12C.

(1)

Where paragraph (2) applies the requirements in regulation 7(2) and (3) and regulations 10 and 11 are to be treated as being satisfied.

(2)

This paragraph applies where equipment is—

(a)

qualifying Northern Ireland goods; and

(b)

meets the requirements of regulation 16, as it applies in Northern Ireland.

(3)

In this regulation “qualifying Northern Ireland goods has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.

F42Approved Bodies13.

(1)

For the purposes of these Regulations, an approved body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 10(a) and which—

(a)

has been appointed as an approved body in the United Kingdom pursuant to regulation 14; or

(b)

immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 14(2)(e) as it had effect immediately before IP completion day, to terminate the appointment.

(2)

In this regulation “notified body” means a body which before IP completion day has been—

(a)

appointed as a notified body in the United Kingdom pursuant to regulation 14, as it had effect immediately before IP completion day; and

(b)

notified by the Secretary of State to the European Commission and other member States pursuant to Article 15 of the Directive.

Notified Bodies13.

For the purposes of these Regulations, a notified body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 10 and which has been—

(a)

appointed as a notified body in the United Kingdom pursuant to regulation 14; or

(b)

appointed by a member State F195... and has been notified by the member State concerned to the Commission and the other member States pursuant to Article 15 of the Directive.

14. (1)

The Secretary of State may from time to time appoint such persons F43which meet the approved body requirements, as he thinks fit to be F44approved bodies for the purposes of these Regulations.

(2)

An appointment—

(a)

may relate to all descriptions of equipment or such descriptions (which may be framed by reference to any circumstances whatsoever) of equipment as the Secretary of State may from time to time determine;

(b)

may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;

(c)

shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (4), require that body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the responsible person duly fulfils the obligations arising out of the relevant conformity assessment procedure;

(d)

shall be terminated upon 90 days’ notice in writing to the Secretary of State, at the request of the F45approved body; and

(e)

may be terminated if it appears to the Secretary of State that any of F46the approved body requirements or the conditions of the appointment are not complied with.

(3)

Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.

(4)

F47An approved body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if—

(a)

for any reason the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;

(b)

the person making the application has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 15; or

(c)

the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.

(5)

If for any reason the appointment of F47an approved body is terminated under this regulation, the Secretary of State may—

(a)

give such directions (either to the body the subject of the termination or to another F48approved body) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and

(b)

without prejudice to the generality of the foregoing, authorise another F49approved body to take over its functions in respect of such cases as he may specify.

(6)

Where F47an approved body is minded to refuse to issue a report or conformity certificate it shall—

(a)

give notice in writing to the applicant of the reasons why it is minded to do so; and

(b)

give the applicant the opportunity to make representations within a period of 28 days of the said notice being given and consider any representations made within that period by the applicant.

F50(7)

In this regulation “approved body requirements” means the requirements set out in Schedule 12A.

14. (1)

The Secretary of State may from time to time appoint such persons as he thinks fit to be notified bodies for the purposes of these Regulations.

(2)

An appointment—

(a)

(b)

(c)

(d)

shall be terminated upon 90 days’ notice in writing to the Secretary of State, at the request of the notified body; and

(e)

may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.

(3)

Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.

(4)

A notified body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if—

(a)

for any reason the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;

(b)

the person making the application has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 15; or

(c)

(5)

If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may—

(a)

give such directions (either to the body the subject of the termination or to another notified body) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and

(b)

without prejudice to the generality of the foregoing, authorise another notified body to take over its functions in respect of such cases as he may specify.

(6)

Where a notified body is minded to refuse to issue a report or conformity certificate it shall—

(a)

give notice in writing to the applicant of the reasons why it is minded to do so; and

(b)

give the applicant the opportunity to make representations within a period of 28 days of the said notice being given and consider any representations made within that period by the applicant.

F51Register of approved bodies14A.

(1)

The Secretary of State must—

(a)

assign an approved body identification number to each approved body; and

(b)

compile and maintain a register of—

(i)

approved bodies;

(ii)

their approved body identification numbers;

(iii)

the activities for which they have been approved; and

(iv)

any restrictions on those activities.

(2)

The register referred to in paragraph (1) must be made publicly available.

Fees15.

(1)

Without prejudice to the power of the Secretary of State, where he is appointed as F52an approved body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 F53 and subject to paragraph (2), F52an approved body appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 14(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following—

(a)

the costs incurred or to be incurred by the F54approved body in performing the relevant function; and

(b)

an amount on account of profit which is reasonable in the circumstances having regard to—

(i)

the character and extent of the work done or to be done by the body on behalf of the applicant; and

(ii)

the commercial rate normally charged on account of profit for that work or similar work.

(2)

The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

Fees15.

(1)

Without prejudice to the power of the Secretary of State, where he is appointed as a notified body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 F196 and subject to paragraph (2), a notified body appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 14(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following—

(a)

the costs incurred or to be incurred by the notified body in performing the relevant function; and

(b)

an amount on account of profit which is reasonable in the circumstances having regard to—

(i)

the character and extent of the work done or to be done by the body on behalf of the applicant; and

(ii)

the commercial rate normally charged on account of profit for that work or similar work.

(2)

The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

Conditions for equipment being taken to conform16.

(1)

Subject to paragraph (2), any equipment which—

(a)

bears the F55UK marking and the indication of the guaranteed sound power level in accordance with regulation 7(2)(c); and

(b)

is accompanied by F56a declaration of conformity in accordance with regulation 7(2)(d),

shall be taken to conform with all the provisions of these Regulations which apply to it, including the appropriate conformity assessment procedure specified in regulation 10, unless there are reasonable grounds for suspecting that it does not so conform.

(2)

Paragraph (1) does not apply in relation to an enforcement authority where a person fails or refuses to make available to the enforcement authority the documentation which he is required, by the conformity assessment procedure which applies to that equipment, to retain a copy thereof.

Conditions for equipment being taken to conform16.

(1)

Subject to paragraph (2), any equipment which—

(a)

bears the CE marking and the indication of the guaranteed sound power level in accordance with regulation 7(2)(c); and

(b)

is accompanied by an EC declaration of conformity in accordance with regulation 7(2)(d),

(2)

Enforcement17.

(1)

Subject to paragraph (2), Schedule 13 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.

(2)

Where an enforcement authority has reasonable grounds for suspecting that the F57UK marking and the indication of the guaranteed sound power level has been affixed to equipment and in relation to which any provision of these Regulations except the requirements in regulation 8(1) has not been complied with it may serve notice in writing on—

(a)

the manufacturer of the equipment or his authorised representative F58...; or

(b)

in a case where neither the manufacturer of the equipment nor his authorised representative F59... has placed the equipment on the market, the person who places it on the market or puts it into service in the United Kingdom;

and subject to paragraph (3), no other action pursuant to Schedule 13 may be taken, and no proceedings may be brought pursuant to regulation 18, in respect of that equipment until such notice has been given and the person to whom it is given has failed to comply with its requirements.

(3)

A notice which is given under paragraph (2) shall—

(a)

state that the enforcement authority suspects that the F60UK marking and the indication of the guaranteed sound power level has not been correctly affixed to the equipment;

(b)

specify the respect in which it is so suspected and give particulars thereof;

(c)

require the person to whom the notice is given—

(i)

to secure that any equipment to which the notice relates conforms as regards the provisions concerning the correct affixation of the F60UK marking and the indication of the guaranteed sound power level within such period as may be specified in the notice; or

(ii)

to provide evidence within that period, to the satisfaction of the enforcement authority, that the F60UK marking and the indication of the guaranteed sound power level has been correctly affixed; and

(d)

warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under these Regulations in respect of that equipment or equipment of the same type placed on the market or put into service by that person.

Enforcement17.

(1)

Subject to paragraph (2), Schedule 13 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.

(2)

Where an enforcement authority has reasonable grounds for suspecting that the CE marking and the indication of the guaranteed sound power level has been affixed to equipment and in relation to which any provision of these Regulations except the requirements in regulation 8(1) has not been complied with F197, or the UK(NI) indication has not been affixed in contravention of regulation 11(2A) or has been affixed otherwise than in conformity with regulation 11(2B) it may serve notice in writing on—

(a)

the manufacturer of the equipment or his authorised representative established within the F198relevant market; or

(b)

in a case where neither the manufacturer of the equipment nor his authorised representative established within the F198relevant market has placed the equipment on the market, the person who places it on the market or puts it into service in F199Northern Ireland;

(3)

A notice which is given under paragraph (2) shall—

(a)

state that the enforcement authority suspects that the CE marking and the indication of the guaranteed sound power level F200, or the UK(NI) indication has not been correctly affixed to the equipment;

(b)

specify the respect in which it is so suspected and give particulars thereof;

(c)

require the person to whom the notice is given—

(i)

to secure that any equipment to which the notice relates conforms as regards the provisions concerning the correct affixation of the CE marking and the indication of the guaranteed sound power level F201, or the UK(NI) indication within such period as may be specified in the notice; or

(ii)

to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking and the indication of the guaranteed sound power level F202, or the UK(NI) indication has been correctly affixed; and

(d)

Offences18.

Any person who—

(a)

contravenes or fails to comply with regulation 7(1);

(b)

fails to retain a copy of the declaration of conformity as required by regulation 7(4); or

(c)

fails to supply a copy of the declaration of conformity as required by regulation 12,

shall be guilty of an offence.

Penalties19.

(1)

F61Subject to paragraph (1A), A person guilty of an offence under regulation 18(a) shall be liable on summary conviction—

(a)

to imprisonment for a term not exceeding three months; or

(b)

to a fine not exceeding level 5 on the standard scale,

or to both.

F62(1A)

Where a person fails to comply with a requirement in respect of the UK(NI) indication, a person guilty of an offence under regulation 18(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2)

A person guilty of an offence under regulation 18(b), (c) or paragraphs 9, 10, 11 F63... of Schedule 13 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defence of due diligence20.

(1)

Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 18 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2)

Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due—

(a)

to the act or default of another; or

(b)

to reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.

(3)

A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

(4)

It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—

(a)

to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)

to whether he had any reason to disbelieve the information.

Liability of persons other than the principal offender21.

(1)

Where the commission by any person of an offence under regulation 18 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

(2)

Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3)

Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4)

In this regulation, references to a “body corporate" include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.

Consequential amendments22.

(1)

In the Provision and Use of Work Equipment Regulations 1998 F64 in Schedule 1 there shall be added at the end of column one the words “The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001" and at the end of column two the words “S.I. 2001/1701".

(2)

In the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 F65, in Schedule 2 there shall be added at the end of column one the words “The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001" and at the end of column two the words “S.I. 2001/1701".

F66Transitional provision in relation to EU Exit23.

(1)

In this regulation—

“pre-exit period” means the period beginning with 3rd July 2001 and ending immediately before IP completion day;

“product” means equipment to which these Regulations apply.

(2)

Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 8 of the Product Safety and Metrology etc. (Amendments etc.) (EU Exit) Regulations 2019, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3)

Paragraph (2) does not apply to any obligation to take action outside of the United Kingdom in respect of that product.

F67(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sainsbury of Turville,

Parliamentary Under-Secretary of State for Science and Innovation,

Department of Trade and Industry

3rd May 2001

SCHEDULE 1(Extract from Article 12)

Regulation 3

Equipment subject to noise limits

builders’ hoists for the transport of goods (combustion-engine driven)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 3. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 3

compaction machines (only vibrating and non-vibrating rollers, vibratory plates and vibratory rammers)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 8. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 8

compressors (<350 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 9. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 9

concrete-breakers and picks, hand-held

Definition: ~~F68Annex I~~ F68Schedule 4, Item 10. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 10

construction winches (combustion-engine driven)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 12. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 12

dozers (<500 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 16. Measurement : ~~F69Annex III~~ F69Schedule 6, Part B, item 16

dumpers (<500 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 18. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 18

excavators, hydraulic or rope-operated (<500 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 20. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 20

excavator-loaders (<500 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 21. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 21

graders (<500 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 23. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 23

hydraulic power packs

Definition: ~~F68Annex I~~ F68Schedule 4, Item 29. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 29

landfill compactors, loader-type with bucket (<500 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 31. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 31

lawnmowers (excluding agricultural and forestry equipment, and multi-purpose devices, the main motorised component of which has an installed power of more than 20 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 32. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 32

lawn trimmers/lawn edge trimmers

Definition: ~~F68Annex I~~ F68Schedule 4, Item 33. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 33

lift trucks, combustion-engine driven, counterbalanced (excluding “other counterbalanced lift trucks" as defined in ~~F68Annex I~~ F68Schedule 4, Item 36, second indent with a rated capacity of not more than 10 tonnes)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 36. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 36

loaders (<500 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 37. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 37

mobile cranes

Definition: ~~F68Annex I~~ F68Schedule 4, Item 38. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 38

motor hoes (<3 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 40. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 40

paver-finishers (excluding paver-finishers equipped with a high-compaction screed)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 41. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 41

power generators (<400 kW)

Definition: ~~F68Annex I~~ F68Schedule 4, Item 45. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 45

tower cranes

Definition: ~~F68Annex I~~ F68Schedule 4, Item 53. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 53

welding generators

Definition: ~~F68Annex I~~ F68Schedule 4, Item 57. Measurement: ~~F69Annex III~~ F69Schedule 6, Part B, item 57

SCHEDULE 2(Extract from Article 13)

Regulation 3

Equipment subject to noise marking only

aerial access platforms with combustion engine

Definition: ~~F70Annex I~~ F70Schedule 4, Item 1. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 1

brush cutters

Definition: ~~F70Annex I~~ F70Schedule 4, Item 2. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 2

builders’ hoists for the transport of goods (with electric motor)

Definition: ~~F70Annex I~~ F70Schedule 4, Item 3. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 3

building site band saw machines

Definition: ~~F70Annex I~~ F70Schedule 4, Item 4. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 4

building site circular saw benches

Definition: ~~F70Annex I~~ F70Schedule 4, Item 5. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 5

chain saws, portable

Definition: ~~F70Annex I~~ F70Schedule 4, Item 6. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 6

combined high pressure flushers and suction vehicles

Definition: ~~F70Annex I~~ F70Schedule 4, Item 7. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 7

compaction machines (explosion rammers only)

Definition: ~~F70Annex I~~ F70Schedule 4, Item 8. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 8

concrete or mortar mixers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 11. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 11

construction winches (with electric motor)

Definition: ~~F70Annex I~~ F70Schedule 4, Item 12. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 12

conveying and spraying machines for concrete and mortar

Definition: ~~F70Annex I~~ F70Schedule 4, Item 13. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 13

conveyor belts

Definition: ~~F70Annex I~~ F70Schedule 4, Item 14. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 14

cooling equipment on vehicles

Definition: ~~F70Annex I~~ F70Schedule 4, Item 15. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 15

drill rigs

Definition: ~~F70Annex I~~ F70Schedule 4, Item 17. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 17

equipment for loading and unloading silos or tanks on trucks

Definition: ~~F70Annex I~~ F70Schedule 4, Item 19. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 19

glass recycling containers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 22. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 22

grass trimmers/grass edge trimmers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 24. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 24

hedge trimmers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 25. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 25

high pressure flushers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 26. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 26

high pressure water jet machines

Definition: ~~F70Annex I~~ F70Schedule 4, Item 27. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 27

hydraulic hammers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 28. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 28

joint cutters

Definition: ~~F70Annex I~~ F70Schedule 4, Item 30. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 30

leaf blowers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 34. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 34

leaf collectors

Definition: ~~F70Annex I~~ F70Schedule 4, Item 35. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 35

lift trucks, combustion-engine driven, counterbalanced (only “other counterbalanced lift trucks" as defined in ~~F70Annex I~~ F70Schedule 4, Item 36, second indent, with a rated capacity of not more than 10 tonnes)

Definition: ~~F70Annex I~~ F70Schedule 4, Item 36. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 36

mobile waste containers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 39. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 39

paver-finishers (equipped with a high-compaction screed)

Definition: ~~F70Annex I~~ F70Schedule 4, Item 41. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 41

piling equipment

Definition: ~~F70Annex I~~ F70Schedule 4, Item 42. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 42

pipelayers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 43. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 43

piste caterpillars

Definition: ~~F70Annex I~~ F70Schedule 4, Item 44. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 44

power generators ( ≥400 kW)

Definition: ~~F70Annex I~~ F70Schedule 4, Item 45. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 45

power sweepers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 46. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 46

refuse collection vehicles

Definition: ~~F70Annex I~~ F70Schedule 4, Item 47. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 47

road milling machines

Definition: ~~F70Annex I~~ F70Schedule 4, Item 48. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 48

scarifiers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 49. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 49

shredders/chippers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 50. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 50

snow-removing machines with rotating tools (self-propelled, excluding attachments)

Definition: ~~F70Annex I~~ F70Schedule 4, Item 51. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 51

suction vehicles

Definition: ~~F70Annex I~~ F70Schedule 4, Item 52. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 52

trenchers

Definition:~~F70 Annex I~~ F70Schedule 4, Item 54. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 54

truck mixers

Definition: ~~F70Annex I~~ F70Schedule 4, Item 55. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 55

water pump units (not for use under water)

Definition: ~~F70Annex I~~ F70Schedule 4, Item 56. Measurement: ~~F71Annex III~~ F71Schedule 6, Part B, item 56

SCHEDULE 3(Extract from Article 12) F72Permissible Sound Power Levels

Regulation 8

F73Type of equipment	Net installed power P (in kW) Electric power P_ela in kW Mass of appliance m in kg Cutting width L in cm	Permissible sound power level in dB/1 pW
		Stage I as from 3 January 2002	Stage II as from 3 January 2006
Compaction machines (vibrating rollers, vibratory plates, vibratory rammers)	P ≤ £ 8	108	105b
	8 < P ≤ £70	109	106b
	P > 70	89 + 11 1g P	86 + 11 1g Pb
Tracked dozers, tracked loaders, tracked excavator-loaders	P ≤ 55	106	103b
Tracked dozers, tracked loaders, tracked excavator-loaders	P > 55	87 + 11 1g P	84 + 11 1g Pb
Wheeled dozers,wheeled loaders, wheeled excavator-loaders, dumpers, graders, loader-type landfill compactors, combustion-engine driven counterbalanced lift trucks, compaction machines (non-vibrating rollers),paver-finishers, hydraulic power packs	P ≤ 55	104	101b
	P > 55	85 + 11 1g P	82 + 11 1g Pb
Mobile cranes	P ≤ 55	104	101c
Mobile cranes	P > 55	85 + 11 1g P	82 + 11 1g P 101c
Excavators, builders' hoists for the transport of goods, construction winches, motor hoes	P ≤ 15	96	93
	P > 15	83 + 11 1g P	80 + 11 1g P
Hand-held concrete-breakers and picks	m ≤ 15	107	105
	15< m < 30	94 + 11 1g m	92 + 11 1g mb
	m ≥ 30	96 + 11 1g m	94 + 11 1g m
Tower cranes		98 + 1g P	96 + 1g P
Welding and power generators	P_el ≤ 2	97 + 1g P_el	95 + 1g P_el
	2 < P_el ≤ 10	98 + 1g P_el	96 + 1g P_el
	10 > P_el	97 + 1g P_el	95 + 1g P_el
Compressors	P ≤ 15	99	97
Compressors	P > 15	97 + 2 1g P_el	95 + 2 1g P_el
Lawnmowers, lawn trimmers/lawn-edge trimmers	L ≤ 50	96	96
	50 < L ≤ 70	100	98
	70 < L ≤ 120	100	100
	L > 120	105	105
The permissible sound power level shall be rounded up or down to the nearest integer number (less than 0.5, use lower number; greater than or equal to 0.5, use higher number).

P_el for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer. P_el for power generators: prime power according to ISO 8528-1:1993, clause 13.3.2.

For the following types of equipment the figures for Stage I shall continue to apply for Stage II—

Walk-behind vibrating rollers;
Vibratory plates (>3 kW);
Vibratory rammers;
Dozers (steel tracked);
Loaders (steel tracked >55 kW);
Combustion-engine driver counterbalanced lift trucks;
Compacting screed paver-finishers; and
Hand-held internal combustion-engine concrete-breakers and picks (15< m<30).

For single engine mobile cranes the figures for Stage I shall continue to apply until 3rd January 2008. After that date, Stage II figures shall apply.

SCHEDULE 4 (ANNEX I to the Directive)

Regulation 3

Definitions of Equipment

Aerial access platforms with combustion engines

1.

Equipment consisting of a minimum of a work platform, an extending structure and a chassis. The work platform is a fenced platform or a cage which can be moved under load to the required working position. The extending structure is connected to the chassis and supports the work platform; it allows movement of the work platform to its required position.

Brush cutter

2.

A combustion-engine driven portable hand-held unit fitted with a rotating blade made of metal or plastic intended to cut weeds, brush, small trees and similar vegetation. The cutting device operates in a plane approximately parallel to the ground.

Builders’ hoist for the transport of goods

3.

A power-operated, temporarily installed builders’ hoist intended for use by persons who are permitted to enter engineering and construction sites, serving:

(i)

defined landing levels, having a platform

— designed for the transportation of goods only
— which permits the access of persons during loading and unloading
— which permits the access and travel by authorised persons during erection, dismantling and maintenance
— guided
— travelling vertical or along a path within 15 degrees maximum of the vertical
— supported or sustained by: wire, rope, chain, screwed spindle and nut, rack and pinion, hydraulic jack (direct or indirect), or an expanding linkage mechanism
— where masts may or may not require support from separate structures, or

(ii)

either one upper landing or a work area extending to the end of the guide (e.g. a roof), having a load-carrying device:

— designed for the transportation of goods only
— designed that there is no need to step on it for loading or unloading purposes or for maintenance, erection and dismantling
— from which persons are prohibited at any time
— guided
— which is designed to travel at an angle of at least 30 degrees to the vertical but may be used at any angle
— sustained by steel wire rope and a positive drive system
— controlled by constant pressure type controls
— which does not benefit from the use of any counterweight
— having a maximum rated load of 300 kg
— having a maximum speed of 1 m/s
— and where the guides require support from separate structures.

Building site band saw machine

4.

A hand-fed powered machine weighing less than 200 kg fitted with a single circular saw blade in the form of a continuous band mounted on and running between two or more pulleys.

Building site circular saw bench

5.

A hand-fed machine weighing less than 200 kg fitted with a single circular sawblade (other than a scoring saw) with a diameter of 350 mm or more, up to a maximum diameter of 500 mm, which is fixed during the normal cutting operation, and a horizontal table, all or part of which is fixed during operation. The sawblade is mounted on a horizontal non-tilting spindle, the position of which remains stationary during machining. The machine may have any of the following features:

— the facility for the sawblade to be raised and lowered through the table
— machine frame below the table may be open or enclosed
— the saw may be fitted with an additional, manually operated travelling table (not adjacent to the sawblade).

Chain saw, portable

6.

A power-driven tool designed to cut wood with a saw chain and consisting of an integrated compact unit of handles, power source and cutting attachment, designed to be supported with two hands.

Combined high pressure flusher and suction vehicle

7.

A vehicle which may work either as a high pressure flusher or as a suction vehicle. See high pressure flusher and suction vehicle.

Compaction machine

8.

A machine which compacts material, eg rock fills, soil or asphalt surfacing, through a rolling, tamping or vibrating action of the working tool. It may be self-propelled, towed, walk-behind or an attachment to a carrying machine. Compaction machines are subdivided as follows:

— rollers for ride-on operators: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres; the operator’s station is an integral part of the machine
— walk-behind rollers: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres in which the operation facilities for travelling, steering, braking and vibrating are disposed in such a way that the machines have to be operated by an attending operator or by remote control
— towed roller: compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres which do not possess an independent drive system and where the operator’s station is to be found on a tractor unit
— vibratory plates and vibratory rammers: compaction machines with mainly flat base plates which are made to vibrate. They are operated by an attending operator or as an attachment to a carrier machine
— explosion rammers: compaction machines with mainly a flat pad as the compacting tool which is made to move in a predominantly vertical direction by explosion pressure. The machine is operated by an attending operator.

Compressor

9.

Any machine for use with interchangeable equipment which compresses air, gases or vapours to a pressure higher than the inlet pressure. A compressor comprises the bare compressor itself, the prime mover and any component or device supplied, which is necessary for safe operation of the compressor.

Excluded are the following categories of device:

— fans, i.e. devices producing air circulation at a positive pressure of not more than 110,000 pascals
— vacuum pumps, i.e. devices or appliances for extracting air from an enclosed space at a pressure not exceeding atmospheric pressure
— gas turbine engines.

Concrete-breakers and picks, hand held

10.

Powered (by any method) concrete-breakers and picks used to perform work on civil engineering and building sites.

Concrete or mortar mixer

11.

A machine to prepare concrete or mortar, irrespective of the loading, mixing and emptying process. It may be operated intermittently or constantly. Concrete mixers on trucks are called truck mixers (see definition 55).

Construction winch

12.

A power-operated, temporarily installed lifting appliance which is equipped with means for raising and lowering a suspended load.

Conveying and spraying machine for concrete and mortar

13.

Items of plant pumping and spraying concrete or mortar, with or without agitator, whereby the material to be transported is conveyed to the placing position through pipelines, distribution devices or distribution booms. Conveyance is carried out:

— for concrete mechanically, by piston or rotor pumps
— for mortar mechanically by piston, worm, hose and rotor pumps or pneumatically by compressors with or without air chamber.

These machines may be mounted on trucks, trailers or special vehicles.

Conveyor belt

14.

A temporarily installed machine suitable for transporting material by means of a power-driven belt.

Cooling equipment on vehicles

15.

A cargo space refrigeration unit on vehicle categories N2, N3, O3 and O4 as defined by Directive 70/156/EEC.

The refrigeration unit may be powered by means of an integral part of the refrigeration unit, a separate part attached to the vehicle body, a driving engine of the vehicle, or by an independent or standby power source.

Dozer

16.

A self-propelled wheeled or crawler machine used to exert a push or pull force through mounted equipment.

Drill rig

17.

A machine which is used for drilling holes on construction sites by:

— percussive drilling
— rotary drilling
— rotary percussive drilling.

Drill rigs are stationary during drilling. They may move from one place of work to another, under their own power. Self-propelled drill rigs include those mounted on lorries, wheeled chassis, tractors, crawlers, skid bases (pulled by winch). When drill rigs are mounted on lorries, tractors and trailers, or are wheel-based, transportation may be carried out at higher speeds and on public roads.

Dumper

18.

A self-propelled wheeled or crawler machine having an open body, which either transports and dumps or spreads material. Dumpers may be equipped with integral self-loading equipment.

Equipment for loading and unloading of silos or tanks on trucks

19.

Powered devices attached to silo or tanker trucks for loading or unloading of liquids or bulk material by means of pumps or similar equipment.

Excavator, hydraulic or rope-operated

20.

A self-propelled crawler or wheeled machine having an upper structure capable of a minimum of 360 degrees rotation, which excavates, swings and dumps material by the action of a bucket fitted to the boom and arm or telescopic boom, without moving the chassis or undercarriage during any one cycle of the machine.

Excavator-loader

21.

A self-propelled wheeled or crawler machine having a main structural support designed to carry both a front-mounted bucket loading mechanism and a rear-mounted backhoe. When used in the backhoe mode, the machine normally digs below ground level with bucket motion towards the machine. The backhoe lifts, swings and discharges material while the machine is stationary. When used in the loader mode, the machine loads or excavates through forward motion of the machine, and lifts, transports and discharges material.

Glass recycling container

22.

A container, built of whatever material, that is used for the collection of bottles. It is equipped with at least one opening for filling in bottles and another one for emptying the container.

Grader

23.

A self-propelled wheeled machine having an adjustable blade, positioned between front and rear axles, which cuts, moves and spreads material usually to grade requirements.

Grass trimmer/grass edge trimmer

24.

A combustion-engine driven portable hand-held unit fitted with flexible line(s), string(s), or similar non-metallic flexible cutting elements, such as pivoting cutters, intended to cut weeds, grass or similar soft vegetation. The cutting device operates in a plane approximately parallel (grass trimmer) or perpendicular (grass edge trimmer) to the ground.

Hedge trimmer

25.

Hand-held, integrally driven powered equipment which is designed for use by one operator for trimming hedges and bushes utilising one or more linear reciprocating cutter blades.

High pressure flusher

26.

A vehicle equipped with a device to clean sewers or similar installations by means of a high pressure water jet. The device may be either mounted on a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment may be fixed or demountable as in the case of an exchangeable bodywork system.

High pressure water jet machine

27.

A machine with nozzles or other speed-increasing openings which allow water, also with admixtures, to emerge as a free jet. In general, high pressure jet machines consist of a drive, a pressure generator, hose lines, spraying devices, safety mechanisms, controls and measurement devices. High pressure water jet machines may be mobile or stationary:

— mobile high pressure water jet machines are mobile, readily transportable machines which are designed to be used at various sites, and for this purpose are generally fitted with their own undergear or are vehicle-mounted. All necessary supply lines are flexible and readily disconnectable
— stationary high pressure water jet machines are designed to be used at one site for a length of time but capable of being moved to another site with suitable equipment. Generally skid or frame-mounted with supply line capable of being disconnected.

Hydraulic hammer

28.

Equipment which uses the hydraulic power source of the carrier machine to accelerate a piston (sometimes gas-assisted), which then hits a tool. The stress wave generated by kinetic action flows through the tool into the material, which causes the material to break. Hydraulic hammers need a supply of pressurised oil to function. The complete carrier/hammer unit is controlled by an operator, usually seated in the cabin of the carrier.

Hydraulic power pack

29.

Any machine for use with interchangeable equipment which compresses liquids to a pressure higher than the inlet pressure. It means an assembly of a prime mover, pump, with or without reservoir and accessories (e.g. controls, pressure relief valve).

Joint cutter

30.

A mobile machine intended for the production of joints in concrete, asphalt and similar road surfaces. The cutting tool is a rotating high speed disc. The forward motion of the joint cutter can be

— manual
— manual with mechanical assistance
— power-driven

Landfill compactor, loader-type with bucket

31.

A self-propelled wheeled compaction machine having a front-mounted loader linkage with a bucket having steel wheels (drums) primarily designed to compact, move, grade, and load soil, landfill or sanitary (refuse) materials.

Lawnmower

32.

A walk-behind or ride-on grass cutting machine or a machine with grass-cutting attachment(s) where the cutting device operates in a plane approximately parallel to the ground and which uses the ground to determine the height of cut by means of wheels, air cushion or skids, etc., and which utilises an engine or an electric motor for a power source.

The cutting devices are either:

— rigid cutting elements, or
— non-metallic filament line(s) or freely pivoting non-metallic cutter(s) with a kinetic energy of more than 10 J each; the kinetic energy is determined using EN 786:1997, Annex B.

Also a walk-behind or ride-on grass cutting machine or a machine with grass-cutting attachment(s) where the cutting device is rotating about a horizontal axis to provide a shearing action with a stationary cutter bar or knife (cylinder mower).

Lawn trimmer/lawn edge trimmer

33.

An electrically powered walk-behind or hand-held grass cutting machine with cutting element(s) of non-metallic filament line(s) or freely pivoting non-metallic cutters with a kinetic energy of not more than 10 J each, intended to cut grass or similar soft vegetation. The cutting element(s) operate(s) in a plane approximately parallel (lawn trimmer) or perpendicular (lawn edge trimmer) to the ground. The kinetic energy is determined using EN 786:1997, Annex B.

Leaf blower

34.

A powered machine appropriate to clear lawns, paths, ways, streets, etc. of leaves and other material by means of a high velocity air flow. It may be portable (hand-held) or not portable but mobile.

Leaf collector

35.

A powered machine suitable for collecting leaves and other debris using a suction device consisting of a power source which produces a vacuum inside the machine and a suction nozzle and a container for the collected material. It may be portable (hand-held) or not portable but mobile.

Lift truck, combustion-engine driven, counterbalanced

36.

A wheeled, internal combustion-engine driven lift truck with counterweight and lifting equipment (mast, telescopic arm or articulated arm). These are:

— rough terrain trucks (wheeled counterbalanced trucks intended primarily for operation on unimproved natural terrain and on disturbed terrain of, e.g., construction sites)
— other counterbalanced lift trucks, excluded are those counterbalanced lift trucks that are specifically constructed for container handling.

Loader

37.

A self-propelled wheeled or crawler machine having an integral front-mounted bucket-supporting structure and linkage, which loads or excavates through forward motion of the machine, and lifts, transports and discharges material.

Mobile crane

38.

A self-powered jib crane capable of travelling, loaded or unloaded, without the need for fixed runways and relying on gravity for stability. It operates on tyres, crawlers or with other mobile arrangements. In fixed positions it may be supported by outriggers or other accessories increasing its stability. The superstructure of a mobile crane may be of the type of full-circle slewing, of limited slewing or non-slewing. It is normally equipped with one or more hoists and/or hydraulic cylinders for lifting and lowering the jib and the load. Mobile cranes are equipped either with telescopic jibs, with articulated jibs, with lattice jibs or a combination of these, of such a design that may readily be lowered. The loads suspended from the jib may be handled by hook block assemblies or other load-lifting attachments for special services.

Mobile waste container

39.

An appropriate designed container fitted with wheels intended to store waste temporarily, and which is equipped with a cover.

Motor hoe

40.

A self-propelled machine designed to be pedestrian-controlled

— with or without support wheel(s), in such a way that its working elements act as hoeing tools to ensure propulsion (motor hoe), and
— propelled by one or various wheel(s) directly actuated from the engine and equipped with hoeing tools (motor hoe with drive wheel(s)).

Paver-finisher

41.

A mobile road construction machine used for the purpose of applying layers of construction material, such as bituminous mix, concrete and gravel on surfaces. Paver-finishers may be equipped with a high-compaction screed.

Piling equipment

42.

Pile installation and extraction equipment, e.g. impact hammers, extractors, vibrators or static pile pushing/pulling devices of an assembly of machines and components used for installation or extraction of piles, which also includes:

— piling rig consisting of carrier machine (crawler, wheel or rail mounted, floating leader attachment, leader or guiding system)
— accessories, e.g. pile caps, helmets, plates, followers, clamping devices, pile handling devices, pile guides, acoustic shrouds and shock/vibration absorbing devices, power packs/generators and personal lifting devices or platforms.

Pipelayer

43.

A self-propelled crawler or wheeled machine specifically designed to handle and lay pipes and carry pipeline equipment. The machine, the design of which is based on a tractor, has especially designed components such as undercarriage, main frame, counterweight, boom and load-hoist mechanism, and vertically pivoting side boom.

Piste caterpillar

44.

A self-propelled crawler machine used to exert a push or pull force on snow and ice through mounted equipment.

Power generator

45.

Any device comprising an internal combustion engine driving a rotary electrical generator producing a continuous supply of electrical power.

Power sweeper

46.

A sweeping collection machine having equipment to sweep debris into the path of a suction inlet that would then pneumatically by way of a high velocity airstream or with a mechanical pick-up system convey the debris to a collection hopper. The sweeping and collecting devices may either be mounted to a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment can be fixed or demountable as in the case of an exchangeable bodywork system.

Refuse collection vehicle

47.

A vehicle designed for the collection and transportation of domestic and bulky waste based on loading via containers or by hand. The vehicle may be equipped with a compaction mechanism. A refuse collection vehicle comprises a chassis with cab onto which the bodywork is mounted. It may be equipped with a container lifting device.

Road-milling machine

48.

A mobile machine used for removing material from paved surfaces using a power-driven cylindrical body, on which surface the milling tools are fitted; the cutter drums rotate during the cutting operation.

Scarifier

49.

A walk-behind or ride-on powered machine which uses the ground to determine the depth of cut and which is equipped with an assembly appropriate to slit or scratch the surface of the lawn in gardens, parks and other similar areas.

Shredder/chipper

50.

A powered machine designed for use in a stationary position having one or more cutting devices for the purpose of reducing bulk organic materials to smaller pieces. Generally it consists of a feed intake opening through which material (which may be held by an appliance or not) is inserted, a device which cuts up the material by whatever method (cutting, chopping, crushing or other methods) and a discharge chute through which the cut material is discharged. A collecting device may be attached.

Snow-removing machine with rotating tools

51.

A machine with which snow can be removed from traffic areas by rotating means, accelerated and ejected by blower means.

Suction vehicle

52.

A vehicle equipped with a device to collect water, mud, sludge, refuse or similar material from sewers or similar installations by means of a vacuum. The device may be either mounted on a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment may be fixed or demountable as in the case of an exchangeable bodywork system.

Tower crane

53.

A slewing jib crane with the jib located at the top of a tower which stays approximately vertical in the working position. This power-driven appliance is equipped with means for raising and lowering suspended loads and for the movement of such loads by changing the load-lifting radius, slewing, travelling of the complete appliance. Certain appliances perform several but not necessarily all of these movements. The appliance can be installed in a fixed position or equipped with means for displacing or climbing.

Trencher

54.

A self-propelled, ride-on or pedestrian-controlled, crawler or wheeled machine, having a front- or rear-mounted excavator linkage and attachment, primarily designed to produce trenches in a continuous operation, through a motion of the machine.

Truck mixer

55.

A vehicle which is equipped with a drum to transport ready-mixed concrete from the concrete mixing plant to the job site; the drum may rotate when the vehicle is driving or stands still. The drum is emptied on the job site by rotating the drum. The drum is driven either by the driving engine of the vehicle or by a supplementary engine.

Water pump unit

56.

A machine consisting of a water pump itself and the driving system. Water pump means a machine for the raising of water from a lower to a higher energy level.

Welding generator

57.

Any rotary device which produces a welding current.

SCHEDULE 5 (ANNEX II to the Directive)

Regulation 7(2)(d)

F74EC Declaration of conformity

The ~~F74EC~~ declaration of conformity must contain the following particulars:

— Name and address of the manufacturer or his authorised representative ~~F75established in the~~ ~~F24European Union~~.
— Name and address of the person who keeps the technical documentation.
— Description of the equipment.
— Conformity assessment procedure followed, and, where appropriate, name and address of the ~~F76notified~~ F76approved body involved.
— Measured sound power level on an equipment representative for this type.
— Guaranteed sound power level for this equipment.
— A reference to ~~F77this Directive~~ F77these Regulations.
— The declaration that the equipment conforms to the requirements of ~~F77this Directive~~ F77these Regulations.
— Where appropriate, the declaration(s) of conformity and references of the ~~F78other Community Directives~~ F78other enactments applied.
— The place and date of the declaration.
— Particulars of the signatory authorised to sign the legally binding declaration for the manufacturer or his authorised representative ~~F75established in the~~ ~~F24European Union~~.

SCHEDULE 6 (ANNEX III to the Directive)

Regulation 8(1)

Method of measurement of airborne noise emitted by equipment for use outdoors

Scope

~~F79This Annex~~ F79This Schedule lays down the methods of measurement of airborne noise that shall be used for the determination of the sound power levels of equipment covered by ~~F80this Directive~~ F80these Regulations with a view to the conformity assessment procedures of ~~F80this Directive~~ F80these Regulations.

Part A of ~~F79this Annex~~ F79this Schedule for each type of equipment referred to in ~~F81Article 2(1)~~ F81regulation 3 (application) lays down:

— basic noise emission standards
— general supplements to these basic noise emission standards

for measuring the sound pressure level on a measurement surface enveloping the source and for calculating the sound power level produced by the source.

Part B of ~~F79this Annex~~ F79this Schedule for each type of equipment referred to in ~~F81Article 2(1)~~ F81regulation 3 (application) lays down:

— a recommended basic noise emission standard including:
- — a reference to the basic noise emission standard chosen from Part A
- — the test area
- — the value of the constant K_2A
- — the shape of the measurement surface
- — the number and position of microphones to be used
— operating conditions including:
- — the reference to a standard, if any
- — requirements relating to mounting of the equipment
- — a method to calculate the resulting sound power levels in the event that several tests with different operating conditions are to be used
— further information.

When testing specific types of equipment, the manufacturer or his authorised representative ~~F82in the~~ ~~F24European Union~~ may in general choose one of the basic noise emission standards of Part A and apply the operating conditions of Part B for this specific type of equipment. In the event of a dispute, however, the recommended basic noise emission standard laid down in Part B has to be used together with the operating conditions of Part B.

PART ABasic Noise Emission Standard

For the determination of the sound power level of equipment for use outdoors as defined by ~~F83Article 2(1)~~ F83regulation 3 (application) the basic noise emission standards,

EN ISO 3744:1995
EN ISO 3746:1995

may generally be used subject to the following general supplements:

Measurement uncertainty

1.

Measurement uncertainties are not taken into account in the framework of conformity assessment procedures in the design phase.

Operating of source during test

2. Fan speed

2.1

If the engine of the equipment or its hydraulic system is fitted with (a) fan(s) it (they) must operate during the test. The fan speed is, in accordance with one of the following conditions, stated and set by the manufacturer of the equipment and must appear in the test report, this speed being used in further measurements.

(a)

Fan drive directly connected to the engine

If the fan drive is directly connected to the engine and/or hydraulic equipment (e.g. by belt drive) it must operate during the test.

(b)

Fan drive with several distinct speeds

If the fan can work at several distinct speeds the test shall be carried out either
— at its maximum working speed, or
—in a first test with the fan set at zero speed and in a second test the fan set at maximum speed. The resulting sound pressure levelL_pA shall then be calculated by combining both test results using the following equation:

(c)

Fan drive with continuous variable speed

If the fan can work at continuous variable speed, the test shall be carried out either according to 2.1(b) or with the fan speed set by the manufacturer at no less than 70% of the maximum speed.

Test of powered equipment free of load

2.2

For these measurements, the engine and hydraulic system of the equipment must be warmed up in accordance with the instructions, and safety requirements must be observed.

The test is carried out with the equipment in a stationary position without operating the working equipment or travelling mechanism. For the purpose of the test, the engine will idle at no less than the rated speed corresponding to the net power F84.

If the machine is powered by a generator or from the mains, the frequency of the supply current, specified for the motor by the manufacturer, shall be stable at±1 Hz if the machine is equipped with an induction motor, and the supply voltage at ±1% of the rated voltage if the machine is equipped with a commutator motor. The supply voltage is measured at the plug of a non-detachable cable or cord, or at the inlet of the machine if a detachable cable is provided. The waveform of the current supplied from the generator shall be similar to that obtained from the mains.

If the machine is powered by battery, the battery shall be fully charged.

The speed used and the corresponding net power are stated by the manufacturer of the equipment and must appear in the test report.

If the equipment is fitted with several engines, they must work simultaneously during the tests. If this is not possible, each possible combination of engine(s) is to be tested.

Test of powered equipment under load

2.3

For these measurements, the engine (driving device) and hydraulic system of the equipment must be warmed up in accordance with the instructions, and safety requirements must be observed. No signalling device such as a warning horn or reversing alarm is to be operated during the test.

The speed or velocity of the equipment during the test must be recorded and appear in the test report.

If the equipment is fitted with several engines and/or aggregates they must work simultaneously during the tests. If this is not possible, each possible combination of engine(s) and/or aggregates is to be tested.

For each type of equipment that is to be tested under load, specific operating conditions must be laid down which shall, in principle, produce effects and stresses similar to those encountered under actual working conditions.

Test of hand-operated equipment

2.4

Conventional operating conditions for each type of hand-operated equipment shall be laid down that produce effects and stresses similar to those undergone under actual working conditions.

Calculation of surface sound pressure level

3.

The surface sound pressure level shall be determined at least three times. If at least two of the determined values do not differ by more than 1 dB, further measurements will not be necessary; otherwise the measurement shall be continued until two values differing by no more than 1 dB are obtained. The A-weighted surface sound pressure level to be used for calculating the sound power level is the arithmetic mean of the two highest values that do not differ by more than 1 dB.

Information to be reported

4.

The A-weighted sound power level of the source under test shall be reported to the nearest whole number (less than 0.5 use the lower number; greater than or equal to 0.5 use the higher number).

The report shall contain the technical data necessary to identify the source under test as well as the noise test code and the acoustical data.

Additional microphone positions on the hemispherical measurement surface (EN ISO 3744:1995)

5.

In addition to clauses 7.2.1 and 7.2.2 of EN ISO 3744:1995 a set of 12 microphones on the hemispherical measurement surface may be used. The location of 12 microphone positions distributed on the surface of a hemisphere of radiusr are listed in the form of Cartesian co-ordinates in the following table. The radiusr of the hemisphere shall be equal to or greater than twice the largest dimension of the reference parallelepiped. The reference parallelepiped is defined as the smallest possible rectangular parallelepiped just enclosing the equipment (without attachments) and terminating on the reflecting plane. The radius of the hemisphere shall be rounded to the nearest higher of the following values: 4, 10, 16m.

The number (12) of microphones may be reduced to six, but the microphone positions 2, 4, 6, 8, 10 and 12 following the requirements of clause 7.4.2 of EN ISO 3744:1995 have to be used in any case.

Generally the arrangement with six microphone positions on a hemispherical measurement surface has to be used. If there are other specifications laid down in a noise test code in F85these Regulations for a specific equipment, these specifications shall be used.

TABLE

Coordinates of the 12 microphone positions

Number of microphone	x/r	y/r	z
1	1	0	1.5m
2	0.7	0.7	1.5m
3	0	1	1.5m
4	-0.7	0.7	1.5m
5	-1	0	1.5m
6	-0.7	-0.7	1.5m
7	0	-1	1.5m
8	0.7	-0.7	1.5m
9	0.65	0.27	0.71r
10	-0.27	0.65	0.71r
11	-0.65	-0.27	0.71r
12	0.27	-0.65	0.71r

Additional microphone positions on the hemispherical measurement surface (EN ISO 3744:1995)5.

The number (12) of microphones may be reduced to six, but the microphone positions 2, 4, 6, 8, 10 and 12 following the requirements of clause 7.4.2 of EN ISO 3744:1995 have to be used in any case.

Generally the arrangement with six microphone positions on a hemispherical measurement surface has to be used. If there are other specifications laid down in a noise test code in this Directive for a specific equipment, these specifications shall be used.

TABLE

Coordinates of the 12 microphone positions

Number of microphone	x/r	y/r	z
1	1	0	1.5m
2	0.7	0.7	1.5m
3	0	1	1.5m
4	-0.7	0.7	1.5m
5	-1	0	1.5m
6	-0.7	-0.7	1.5m
7	0	-1	1.5m
8	0.7	-0.7	1.5m
9	0.65	0.27	0.71r
10	-0.27	0.65	0.71r
11	-0.65	-0.27	0.71r
12	0.27	-0.65	0.71r

Environmental correction K_2A

6.

Equipment shall be measured on a reflecting surface of concrete or non-porous asphalt, then the environmental correction K_2A is set to K_2A = 0. If there are other specifications laid down in a noise test code of F86these Regulations for a specific equipment, these specifications shall be used.

Environmental correction K_2A6.

Equipment shall be measured on a reflecting surface of concrete or non-porous asphalt, then the environmental correction K_2A is set to K_2A = 0. If there are other specifications laid down in a noise test code of this Directive for a specific equipment, these specifications shall be used.

PART BNoise Test Codes for Specific Equipment

Equipment that is tested free of load

0. Basic noise emission standard

EN ISO 3744:1995

Test area

Reflecting surface of concrete or non-porous asphalt

Environmental correction K_2A

K_2A = 0

Measurement surface/number of microphone positions/measuring distance

(i)

If the largest dimension of the reference parallelepiped does not exceed 8m: hemisphere/six microphone positions according to Part A item 5/according to Part A item 5.

(ii)

If the largest dimension of the reference parallelepiped exceeds 8m: parallelepiped according to ISO 3744:1995 with measurement distanced = 1m.

Operating conditions during test

Test free of load:

The noise tests shall be carried out according to Part A item 2.2.

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

The period of observation shall at least be 15 seconds.

Aerial access platforms with combustion engine

1.

See No. 0

Brush Cutters

2. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 10884:1995

Measurement surface/number of microphone positions/measuring distance

ISO 10884:1995

Operating conditions during test

Test under load

ISO 10884:1995, point 5.3

Period(s) of observation

ISO 10884:1995

Builders’ hoists for the transport of goods

3.

See No. 0

The geometrical centre of the engine shall be positioned above the centre of the hemisphere; the lift shall move without load and leave the hemisphere—if necessary—in direction of point 1.

Building site band saw machines

4. Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

ISO 7960:1995, Annex J withd = 1m

Operating conditions during test

Test under load

Corresponding to ISO 7960:1995, Annex J (point J2(b) only)

Period of observation

Corresponding to ISO 7960:1995, Annex J

Building site circular saw benches

5. Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

ISO 7960:1995, Annex A, measurement distanced = 1m

Operating conditions during test

Test under load

ISO 7960:1995, Annex A (point A2(b) only)

Period of observation

ISO 7960:1995 Annex A

Chain saws, portable

6. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 9207:1995

Measurement surface/number of microphone positions/measuring distance

ISO 9207:1995

Operating conditions during test

Test under load/Test free of load

Full load sawing wood/engine at maximum revolution without load

(a)

combustion-engine driven: ISO 9207:1995 points 6.3 and 6.4

(b)

electric-motor operated: a test corresponding to ISO 9207:1995 point 6.3 and a test with the motor at maximum revolution without load

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 9207:1995 points 6.3 and 6.4

The resulting sound power level Lwa is calculated by:

L w a = 10 \lg ½ (10_{0.1LW1} + 10_{0.1LW2})

WhereLw1 and Lw2 are the average sound power levels of the two different modes of operation defined above

Combined High Pressure Flushers and Suction Vehicles

7.

If it is possible to operate both items of equipment simultaneously, this shall be done according to numbers 26 and 52. If not, they shall be measured separately and the higher values are to be stated.

Compaction Machines

8.

(i)

Non-vibrating rollers

See No. 0

(ii)

Vibrating rollers for ride-on operators

Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

The vibrating roller shall be installed on one or more appropriate elastic material(s) such as air-cushion(s). These air-cushions shall be made of a supple material (elastomer or similar) and shall be inflated to a pressure ensuring that the machine is elevated by at least 5 cm; resonance effects shall be avoided. The dimension of the cushion(s) shall be such that the stability of the machine under test is ensured.

Test under load

The machine shall be tested in a stationary position with the engine at rated speed (stated by the manufacturer) and the moving mechanism(s) disconnected. The compacting mechanism shall be operated using the maximum compaction power corresponding to the combination of the highest frequency and the highest possible amplitude for that frequency as declared by the manufacturer.

Period of observation

The period of observation shall be at least 15 seconds.

(iii)

Vibratory plates, vibratory rammers, explosive rammers and walk-behind vibrating rollers

Basic noise emission standard

EN ISO 3744:1995

Test area

EN 500-4 rev. 1:1998, Annex C

Operating conditions during test

Test under load

EN 500-4 rev. 1:1998, Annex C

Period of observation

EN 500-4 rev. 1:1998, Annex C

Compressors

9. Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

hemisphere/six microphone positions according to Part A item 5/according to Part A item 5

parallelepiped according to ISO 3744:1995 with measurement distanced = 1m

Operating conditions during test

Mounting of equipment

The compressors shall be installed on the reflecting plane; skid-mounted compressors shall be placed on a support 0.40 m high, unless otherwise required by the manufacturer’s conditions of installation.

Test under load

The compressor under test shall have been warmed up and be operating in stable conditions as for continuous operation. It shall be properly serviced and lubricated as specified by the manufacturer.

The determination of the sound power level shall be made at full-load or in an operating condition that is reproducible and is representative of the noisiest operation of typical usage of the machine under test, whichever is the noisiest.

Should the layout of the complete plant be such that certain components, e.g. inter-coolers are mounted away from the compressor, endeavours shall be made to separate the noise generated from such parts when performing the noise test. Separation of the various noise sources may require special equipment for the attenuation of the noise from these sources during the measurement. The noise characteristics and description of the operating conditions of such parts shall be given separately in the test report.

During test the gas exhausted from the compressor shall be piped clear of the test area. Care shall be taken to ensure the noise generated by the gas being exhausted is at least 10 dB lower than the noise to be measured at all measurement locations (e.g. by the fitting of a silencer).

Care shall be taken that air discharge does not introduce any extra noise due to turbulence at the compressor discharge valve.

Period of observation

The period of observation shall be at least 15 seconds.

Concrete-breakers and picks, hand-held

10. Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

Hemisphere/six microphone positions according to Part A item 5 and the following table/according to mass of equipment as given in the following table:

Mass of equipmentm in kg	Radius of hemisphere	z for microphone positions 2, 4, 6 and 8
m < 10	2m	0.75m
m≥ 10	4m	1.50m

Operating conditions during test

Mounting of equipment

All appliances shall be tested in the vertical position.

If the test appliance has got an air exhaust, its axis shall be equidistant from two microphone positions. The noise of the power supply shall not influence the measurement of the noise emission from the tested appliance.

Support of the appliance

The appliance shall be coupled during the test run to a tool embedded in a cube-shaped concrete block placed in a concrete pit, sunk into the ground. An intermediate steel piece may be inserted during tests between the appliance and the support tool. This intermediate piece shall form a stable structure between the appliance and the support tool. Figure 10.1 incorporates these requirements.

Block characteristics

The block shall be in the shape of a cube 0.60 m±2 mm long at the edge and as regular as possible; it shall be made of reinforced concrete and thoroughly vibrated in layers of up to 0.20 m to avoid excessive sedimentation.

Quality of the concrete

The quality of the concrete shall correspond to C 50/60 of ENV 206.

The cube shall be reinforced by 8 mm-diameter steel rods without ties, each rod being independent of the other; the design concept is illustrated in figure 10.2.

Supporting tool

The tool shall be sealed into the block and shall consist of a rammer of no less than 178 mm or no more than 220 mm diameter and a tool chuck component identical to that normally used with the appliance being tested and complying with ISO 1180:1983, but sufficiently long to enable the practical test to be carried out.

Suitable treatment shall be carried out to integrate the two components. The tool shall be fixed in the block so that the bottom of the rammer is 0.30 m from the upper face of the block (see Figure 10.2).

The block shall remain mechanically sound, particularly at the point where the supporting tool and the concrete meet. Before and after each test, it shall be established that the tool sealed in the concrete block is integrated with it.

Positioning of the cube

The cube shall be set in a pit cemented throughout, covered by a screening slab of at least 100 kg/m², as indicated in Figure 10.3, so that the upper surface of the screening slab is flush with the ground. To avoid any parasitic noise, the block shall be insulated against the bottom and sides of the pit by elastic blocks, the cut-off frequency of which shall not be more than half the striking rate of the appliance tested, expressed as strokes per second.

The opening in the screening slab through which the tool chuck component passes shall be as small as possible and sealed by a flexible sound-proof joint.

Test under load

The appliance tested shall be connected to the supporting tool.

The test appliance shall be operated in stable conditions having the same acoustical stability as in normal service.

The test appliance shall be operated at the maximum power specified in the instructions supplied to the purchaser.

Period of observation

The period of observation shall at least be 15 seconds.

Figure 10.1Schematic diagram of intermediate piece

The value of A should be such that the screening slab resting on the elastic joint J is flush with the ground.

Concrete or mortar mixers

11. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The mixing device (drum) shall be filled to its rated capacity with sand of granulation 0 to 3 mm, the humidity shall be 4–10%.

The mixing device shall be operated at least at the rated speed.

Period of observation

The period of observation shall be at least 15 seconds.

Construction winches

12.

See No. 0

The geometrical centre of the engine shall be positioned above the centre of the hemisphere; the winch shall be connected but no load shall be applied.

Conveying and spraying machines for concrete and mortar

13. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

If the machine is equipped with a boom, this is set upright and the pipe shall be led back to the filler funnel. If this is not the case the machine shall be equipped with a horizontal pipe of at least 30 m leading back to the filler funnel.

Test under load

(i)

For machines conveying and spraying concrete:

The conveying system and the pipe shall be filled with a medium similar to concrete, the cement being replaced by an admixture e.g. finest ash. The machine shall operate at its maximum output, the period of one working cycle being not more than five seconds (if this period is exceeded, water shall be added to the “concrete" in order to reach this value).

(ii)

For machines conveying and spraying mortar:

The conveying system and the pipe shall be filled with a medium similar to finishing mortar, the cement being replaced by an admixture, e.g. methyl cellulose. The machine shall operate at its maximum output, the period of one working cycle being not more than five seconds (if this period is exceeded, water shall be added to the “mortar" in order to reach this value).

Period of observation

The period of observation shall at least be 15 seconds.

Conveyor Belts

14.

See No. 0

The geometrical centre of the engine shall be positioned above the centre of the hemisphere; the belt shall move without load and leave the hemisphere, if necessary, in the direction of point 1.

Cooling equipment on vehicles

15. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The cooling equipment shall be installed in a real or simulated cargo space and be tested in a stationary position where the height of the cooling equipment shall be representative of the intended installation requirements according to the instructions supplied to the purchaser. The power source of the cooling equipment shall operate at the rate that causes the maximum speed of the cooling compressor and the fan specified in the instructions. If the cooling equipment is intended to be powered by the driving engine of the vehicle the engine shall not be used during the test and the cooling equipment shall be connected to a suitable electrical power source. Removable tractor units shall be removed during the test.

Cooling equipment installed in cargo-space refrigeration units which have a choice of different power sources shall be tested separately for each power source. The test result reported shall as a minimum reflect the mode of operation which leads to the maximum noise output.

Period of observation

The period of observation shall be at least 15 seconds.

Dozers

16. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test

Mounting of equipment

Crawler dozers shall be tested on the test site corresponding to point 6.3.3 of ISO 6395:1988

Test under load

ISO 6395:1988, Annex B

Period(s) of observation and consideration of different operating conditions, if any

ISO 6395:1988, Annex B

Drill rigs

17. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

EN 791:1995, Annex A

Period of observation

The period of observation shall at least be 15 seconds.

Dumpers

18. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test

Test under load

Equivalent ISO 6395:1988, Annex C, with the following amendment:

C4.3, second paragraph is replaced by:

“The engine shall be operated at its maximum governed speed (high idle). The transmission control shall be set to neutral. Bring the bucket to the tipped position (emptying) up to about 75% of its maximum movement and return it to its travelling position three times. This sequence of events is considered to be a single cycle for the stationary hydraulic mode.
If no engine power is used to tip the bucket, the engine shall be operated at idling speed with the transmission in neutral. The measurement shall be performed without tipping the bucket, the period of observation shall be 15 seconds.”

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex C

Equipment for loading and unloading tanks or silos on trucks

19. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The equipment shall be tested with the truck in a stationary position. The engine driving the equipment shall operate at the speed that causes the maximum output of the equipment specified in the instructions supplied to the purchaser.

Period of observation

The period of observation shall at least be 15 seconds.

Excavators

20. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test

Test under load

ISO 6395:1988, Annex A

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex A

Excavator-loaders

21. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test

Test under load

ISO 6395:1988, Annex D

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex D

Glass recycling containers

22. Basic noise emission standard

EN ISO 3744:1995

For the purpose of this noise test code the single-event sound pressure level L_pls as defined in EN ISO 3744:1995 point 3.2.2 is used in measuring the sound pressure level at the microphone positions.

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurements indoors

The value of the constant K_2A, determined in accordance with Annex A of EN ISO 3744:1995, shall be ≤2.0 dB in which case K_2A shall be disregarded.

Operating conditions during test

The noise measurement shall be carried out during a complete cycle beginning with the empty container and completed when 120 bottles have been thrown into the container.

The glass bottles are defined as follows:

— capacity: 75cl
— mass: 370±30 g.

The testing operator holds each bottle by its neck and with its bottom towards the filling aperture and then he pushes it gently inside through the filling aperture in the direction of the centre of the container, avoiding if possible the bottle hitting against the walls. Only one filling aperture is used for throwing the bottles and it is the one nearest to microphone position 12.

Period(s) of observation/determination of resulting sound power if more than one operating condition is used

The A-weighted single-event sound pressure level is preferably simultaneously measured at the six microphone positions for each bottle thrown into the container.

The A-weighted single-event sound power level averaged over the measurement surface is calculated according to EN ISO 3744:1995, point 8.1.

The A-weighted single-event sound pressure level averaged over all 120 throwings of bottles is calculated as the logarithmic mean of the A-weighted single-event sound pressure levels averaged over the measurement surface.

Graders

23. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test

Test under load

Corresponding to ISO 6395:1988, Annex B

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex B

Grass trimmers/grass edge trimmers

24.

See No. 2

The trimmer shall be positioned by a suitable device in such a way that its cutting device is above the centre of the hemisphere. For grass trimmers, the centre of the cutting device shall be held at a distance of about 50 mm above the surface. In order to accommodate the cutting blades, grass edge trimmers should be positioned as close as possible to the test surface.

Hedge trimmers

25. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 11094:1991

in case of dispute, measurements shall be carried out in the open air on the artificial surface (point 4.1.2 to ISO 11094:1991)

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurements indoors

The value of the constant K_2A, determined without the artificial surface and in accordance with Annex A of EN ISO 3744:1995, shall be ≤ 2.0 dB, in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

ISO 11094:1991

Operating conditions during test

Mounting of equipment

The hedge trimmer shall be held in the natural manner for normal use either by a person or by a suitable device in such a way that its cutting device is above the centre of the hemisphere.

Test under load

The hedge clipper shall be operated at its nominal speed with the cutting device working.

Period of observation

The period of observation shall at least be 15 seconds.

High pressure flushers

26. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The high pressure flusher shall be tested in a stationary position. The engine and auxiliary units operate at the speed provided by the manufacturer for the operation of the working equipment; the high pressure pump(s) is (are) operating at its (their) maximum speed and operating pressure provided by the manufacturer. Using an adapted nozzle the pressure reduction valve shall be just on the point of reacting. The flow noise of the nozzle shall not have any influence on the results of the measurements.

Period of observation

The period of observation shall at least be 30 seconds.

High pressure water jet machines

27. Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

Parallelepiped/according to EN ISO 3744:1995 with measurement distanced = 1m

Operating conditions during test

Mounting of equipment

The high pressure water jet machine shall be installed on the reflecting plane; skid-mounted machines shall be placed on a support 0.40m high, unless otherwise required by the manufacturer’s conditions of installation.

Test under load

The high-pressure cleaning machine shall be brought to its steady-state within the range specified by the manufacturer. During testing the nozzle shall be coupled to the high-pressure cleaning machine that causes the highest pressure if used according to the manufacturer’s instructions.

Period of observation

The period of observation shall at least be 15 seconds.

Hydraulic hammers

28. Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

Hemisphere/six microphone positions according to Part A, item 5/r=10 m

Operating conditions during tests

Mounting of the equipment

For the test the hammer is attached to a carrier and a special test block structure shall be used. Figure 28.1 gives the characteristics of this structure and Figure 28.2 shows the position of the carrier.

Carrier

The carrier for the test hammer shall meet the requirements of the test hammer’s technical specifications especially in weight range, hydraulic output power, supply oil flow and return line back pressure.

Mounting

Mechanical mounting as well as connections (hoses, pipes ...) must correspond to specifications given in the hammer’s technical data. All significant noise caused by pipes and various mechanical components needed for installation, ought to be eliminated. All component connections have to be well tightened.

Hammer stability and static hold force

The hammer shall be firmly held down by the carrier in order to give the same stability as that existing under normal operating conditions. The hammer must be operated in an upright position.

Tool

A blunt tool shall be used in the measurements. The length of the tool must meet the requirements given in Figure 28.1 (test block).

Test under load

Hydraulic input and power and oil flow

Operating conditions of the hydraulic hammer shall be appropriately adjusted, measured and reported along with the corresponding technical specification value. The hammer under test must be used in such a way that 90% or more of the maximum hydraulic input power and oil flow of the hammer can be reached.

Care shall be taken that the total uncertainty of the measurement chains ofp_s andQ is kept within+5%. This assures the hydraulic input power determination within+10% accuracy. Assuming linear correlation between hydraulic input power and emitted sound power this would mean variation of less than+0.4 dB in the determination of the sound power level.

Adjustable components having effect on the hammer power

Pre-settings of all accumulators, pressure central valves and other possible adjustable components must meet the values given in technical data. If more than one fixed impact rate is optional, measurements have to be made using all settings. Minimum and maximum values are presented.

Quantities to be measured

p _s The mean value of the hydraulic supply fine pressure during the hammer’s operation including at least 10 blows.

Q The mean value of the breaker inlet oil flow measured simultaneously withp_s.

T The oil temperature must lie between + 40/+ 60° C during measurements. The temperature of the hydraulic breaker body must have been stabilised to normal operating temperature before starting the measurements.

P_a The prefill gas pressure of all accumulators must be measured in static situation (breaker not operating) at stable ambient temperature of + 15/+ 25° C. The measured ambient temperature shall be recorded with the measured accumulator prefill gas pressure.

Parameters to be evaluated from the measured operating parameters:

P _IN Hydraulic input power of the breaker P _IN =p_s.Q

Hydraulic supply line pressure measurement, ps

—p_s must be measured as close to the breaker IN-port as possible.
—p_s shall be measured with a pressure gauge (minimum diameter: 100 mm; accuracy class±1.0% FSO).

Breaker inlet oil flow, Q

—Q must be measured from the supply pressure line as close to the breaker IN-port as possible.
—Q must be measured with an electric flowmeter (accuracy class±2.5% of the flow reading).

Measuring point of the oil temperature, T

—T must be measured from the oil tank of the carrier or from the hydraulic line connected to the hammer. Measuring point shall be specified in the report.
— accuracy of the temperature reading must lie within±2° C of the actual value.

Period of observation/determination of resulting sound power level

The period of observation shall be at least 15 seconds.

The measurements are repeated three times, or more if necessary. The final result is calculated as the arithmetic mean of the two highest values that do not differ by more than 1 dB.

Definitions

d Tool diameter (mm)

d ₁ Anvil diameter, 1200±100 mm

d ₂ Inner diameter of the anvil support structure, ≤ 1800 mm

d ₃ Diameter of the test block deck, ≤ 2200 mm

d ₄ Diameter of the tool opening in the deck, ≤350 mm

d ₅ Diameter of the tool seal, ≤1000 mm

h¹ Visible tool length between the lowest part of the housing and tool seal upper surface, (mm)h₁ =d±d/2

h ₂ Tool seal thickness above the deck, ≤20 mm (if the tool seal is located below the deck, its thickness is not limited; it may be made of foam rubber)

h ₃ Distance between deck upper surface and anvil upper surface, 250±50 mm

h ₄ Isolating foam rubber deck seal thickness, ≤30 mm

h ₅ Anvil thickness, 350 ±50 mm

h ₆ Tool penetration, ≤50 mm

If the quadratic shape of the test block structure is used, the maximum length dimension equals 0.89× corresponding diameter.

The empty space between the deck and the anvil can be filled with elastic foam rubber or other absorption material, density <220 kg/m³.

Hydraulic power packs

29. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

The hydraulic power pack shall be installed on the reflecting plane; skid-mounted hydraulic power packs shall be placed on a support 0.40 m high, unless otherwise required by the manufacturer’s conditions of installation.

Test under load

During testing, no tools shall be coupled to the hydraulic power pack.

The hydraulic power pack shall be brought to its steady-state within the range specified by the manufacturer. It shall operate at its nominal speed and its nominal pressure. The nominal speed and pressure are those appearing in the instructions supplied to the purchaser.

Period of observation

The period of observation shall at least be 15 seconds.

Joint cutters

30. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The joint cutter shall be equipped with the largest possible blade foreseen by the manufacturer in the instructions supplied to the purchaser. The engine shall operate at its maximum speed with the blade idling.

Period of observation

The period of observation shall be at least 15 seconds.

Landfill compactors

31.

See No. 37

Lawnmowers

32. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 11094:1991

In case of dispute, measurements shall be carried out in the open air on the artificial surface (point 4.1.2 of ISO 11094:1991).

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurements indoors

The value of the constant K_2A, determined without the artificial surface and in accordance with Annex A to EN ISO 3744:1995 shall be≤ 2.0 dB, in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

ISO 11094:1991

Operating conditions during test

Mounting of equipment

If the wheels of the lawnmower could cause a compression of the artificial surface of more than 1 cm, the wheels shall be placed on supports so that they are level with the artificial surface before compression. If the cutting device cannot be separated from the driving wheels of the lawnmower, the mower shall be tested on supports with the cutting device operating at its maximum speed laid down by the manufacturer. The supports shall be made in such a way that they do not influence the measurement results.

Test free of load

ISO 11094:1991

Period of observation

ISO 11094:1991

Lawn trimmers/lawn edge trimmers

33.

See No. 32

The trimmer shall be positioned by a suitable device in such a way that its cutting device is above the centre of the hemisphere. For lawn trimmers, the centre of the cutting device shall be held at a distance of about 50 mm above the surface. In order to accommodate the cutting blades, lawn edge trimmers should be positioned as close as possible to the test surface.

Leaf blowers

34. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 11094:1991

In case of dispute, measurements shall be carried out in the open air on the artificial surface (point 4.1.2 of ISO 11094:1991).

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurements indoors

The value of the constant K_2A, determined without artificial surface and in accordance with Annex A to EN ISO 3744:1995, shall be≤ 2.0 dB in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

ISO 11094:1991

Operating conditions during test

Mounting of equipment

The leaf blower shall be positioned in the natural manner for normal use in such a way that the outlet of its blowing device is situated (50±25) mm above the centre of the hemisphere; if the leaf blower is hand-held it shall be held either by a person or by a suitable device.

Test under load

The leaf blower shall be operated at its nominal speed and the nominal air flow stated by the manufacturer.

Period of observation

The period of observation shall at least be 15 seconds.

Note: If a leaf blower can be also used as a leaf collector it shall be tested in both configurations, in which case the higher value shall be used.

Leaf collectors

35. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 11094:1991

In case of dispute, measurements shall be carried out in the open air on the artificial surface (point 4.1.2 of ISO 11094:1991).

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurements indoors

The value of the constant K_2A, determined without artificial surface and in accordance with Annex A to EN ISO 3744:1995, shall be ≤2.0 dB in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

ISO 11094:1991

Operating conditions during test

Mounting of equipment

The leaf collector shall be positioned in the natural manner for normal use in such a way that the inlet of the collecting device is situated (50±25mm) above the centre of the hemisphere; if the leaf collector is hand-held it shall be held either by a person or by a suitable device.

Test under load

The leaf collector shall be operated at its nominal speed with the nominal air flow in the collecting device stated by the manufacturer.

Period of observation

The period of observation shall be at least 15 seconds.

Note: If a leaf collector can be also used as a leaf blower it shall be tested in both configurations, in which case the higher value shall be used.

Lift trucks

36. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Safety requirements and the manufacturer’s information shall be observed.

Lifting condition

With the truck stationary the load (non-sound absorbent material, eg steel or concrete; at least 70% of the actual capacity stated in the manufacturer’s instruction) shall be lifted, from the lowered position, at maximum speed to the standardised lift height applicable to that type of industrial truck in accordance with the relevant European Standard in the series “Safety of Industrial Trucks". If the actual maximum lift height is less, it may be used in individual measurements. The lift height shall be listed in the test report.

Drive condition

Drive the truck, without load, at full acceleration from standstill over a distance of three times its length to reach line A-A (line connecting microphone positions 4 and 6), continue driving the truck at maximum acceleration to line B-B (line connecting microphone positions 2 and 8). When the rear of the truck has crossed line B-B, the accelerator may be released.

If the truck has a multi-gear transmission, select the gear that ensures the highest possible speed over the measurement distance.

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

The periods of observation are:

— for lifting condition: the whole lift cycle;
— for drive condition: the time period starting when the truck’s centre crosses the line A-A and ends when its centre reaches the line B-B.

The resulting sound power level for all types of lift trucks, however, is calculated by

Loaders

37. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 6395:1988

Measurement surface/number of microphone positions/measuring distance

ISO 6395:1988

Operating conditions during test

Mounting of equipment

Crawler loaders shall be tested on the test site corresponding to point 6.3.3 of ISO 6395:1988

Test under load

ISO 6395:1988, Annex C

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

ISO 6395:1988, Annex C

Mobile Cranes

38. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

If the crane is equipped with outriggers, they shall be fully extended and the crane shall be levelled on its pads in mid position of possible support height.

Test under load

The mobile crane to be tested shall be presented in its standard version as described by the manufacturer. The engine power considered for determination noise limit is the nominal power of the engine used for crane motion. The crane shall be equipped with its maximum permitted counterweight mounted on the slewing structure.

Before carrying out any measurement, the engine and the hydraulic system of the mobile crane shall be brought to their normal working temperature following the instruction of the manufacturer and all relevant safety-related procedures given in the instruction handbook shall be carried out.

If the mobile crane is equipped with several engines, the engine used for the crane’s function shall be run. The carrier engine shall be turned off.

If the engine of the mobile crane is fitted with a ventilator, it shall run during the test. If the ventilator can be operated at several speeds, the test shall be carried out with the ventilator running at the highest speed.

The mobile crane shall be measured under the following three ((a) to (c)) or four ((a) to (d)) conditions:

For all working conditions the following shall apply:

— Engine speed at 3/4 of maximum speed specified for crane operation mode with a tolerance of±2%.
— Acceleration and deceleration at the maximum value without dangerous movements of the load or the hook block.
— Motions at maximum possible speed as given in the instruction manual under the conditions given.
1. (a)
  Hoisting

The mobile crane shall be loaded with a load which creates 50% of the maximum rope force. The test consists of hoisting of the load and the immediately following lowering to the starting position. The length of the boom shall be chosen so that the full test lasts 15 to 20 seconds.

(b)

Slewing

With the boom adjusted to an angle of 40° to 50° to the horizontal and without load the upper carriage shall be slewed 90° to the left immediately followed by slewing back to the starting position. The jib shall be at its minimum length. The observation period shall be the time needed to carry out the working cycle.

(c)

Derricking

The test starts with raising the short jib from the lowest working position immediately followed by the lowering of the jib to its original position. The movement shall be executed without load. The duration of the test shall be at least 20 seconds.

(d)

Telescoping (if applicable)

With the jib adjusted to an angle of 40° to 50° to the horizontal without load and the jib fully retracted, the telescoping cylinder for the first section only shall be extended together with the first section to its full length and immediately retracted together with the first section.

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

The resulting sound power level is calculated by:

(i)

if telescoping is applicable

Mobile waste containers

39. Basic noise emission standard

EN ISO 3744:1995

Test area

— Reflecting surface of concrete or non-porous asphalt
— Laboratory room which provides a free field over a reflecting plane

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurement indoors

The value of the constant K_2A, determined in accordance with Annex A to EN ISO 3744:1995, shall be ≤2.0 dB, in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

Hemisphere/six microphone positions according to Part A item five/r = 3 m

Operating conditions during test

All the measurements shall be carried out with an empty container.

Test No. 1: Free shutting down of the lid along the container body

To minimise his influence on the measurements, the operator shall stand at the back side of the container (hinge side). The lid shall be released by its middle, to prevent warping during its fall.

The measurement is carried out during the following cycle, repeated 20 times:

— initially, the lid is raised vertically
— the lid is released forward, if possible without giving an impulse, with the operator at the back of the container, unmoving until the lid is shut
— after complete shutting, the lid is raised to its initial position.

Note: If necessary the operator can move temporarily to raise the lid.

Test No. 2 Complete opening of the lid

To minimise his influence on the measurements, the operator shall stand at the back side of the container (hinge side) for the four-wheel containers, or on the right side of the container (between microphone position 10 and microphone position 12) for the two-wheel containers. The lid shall be released by its middle or as near as possible to its middle.

To prevent any moving of the container, wheels shall be locked during the test. For the two-wheel containers, and to prevent any bounce of the container, the operator can maintain it by placing his hand on the top rim.

The measurement is carried out during the following cycle:

— initially, the lid is opened horizontally
— the lid is released without giving an impulse
— after complete opening, and before a possible rebound, the lid is raised to its initial position.

Test No. 3: Rolling of the container over an artificial irregular track

For this test, an artificial test track, simulating an irregular ground is used. This test track consists of two parallel strips of steel mesh (6 m long and 400 mm wide), fastened in the reflecting plane approximately every 20 cm. The distance between the two strips is adapted according to the type of container, in order to allow the wheels to roll all over the whole length of the track. The mounting conditions shall ensure a flat surface. If necessary, the track is fastened on the ground with resilient material to avoid emission of parasitic noise.

Note: Every strip can be composed of several 400 mm wide elements fitted together.

An example of adequate track is given in Figures 39.1 and 39.2

The operator is situated at the lid hinge side.

The measurement is carried out while the operator draws the container along the artificial track, with a constant speed of approximately 1 m/s, between point A and B (4.24 m distance—see Figure 39.3) when the wheel axle, for a 2-wheel container, or the first wheel axle for a 4-wheel container, reaches point A and B. This procedure is repeated three times in each direction.

During the test, for a 2-wheel container, the angle between the container and the track shall be 45°. For a 4-wheel container, the operator shall ensure an appropriate contact of all the wheels with the track.

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

Test Nos 1 and 2: Free shutting down of the lid along the container body and complete opening of the lid

If possible, the measurements are carried out simultaneously at the six microphone positions. Otherwise, the sound levels measured at each microphone position will be classified in increasing order and the sound power levels are calculated by associating the values at each microphone position according to their row.

The A-weighted single-event sound pressure level is measured for each of the 20 shuttings and the 20 openings of the lid at each measurement point. The sound power levels L_WAshutting and L_WAopening are calculated from the quadratic mean of the five highest values among those obtained.

Test No. 3: Rolling the container over an artificial irregular track

The period of observation T shall be equal to the duration necessary to cover the distance between point A and B on the track.

The sound power level L_WArolling is equal to the mean of six values differing by less than 2 dB. If this criterion is not fulfilled with six measurements, the cycle is repeated as far as necessary.

The resulting sound power level is calculated by:

Motor hoes

40.

See No. 32

The tool shall be disconnected during measurement.

Paver-finishers

41. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The engine of the machine shall operate at the nominal speed indicated by the manufacturer. All working units shall be activated and operate at the following speeds:

conveying system	at least 10% of maximum value
spreading system	at least 40% of maximum value
tamper (speed, stroke)	at least 50% of maximum value
vibrators (speed, unbalance moment)	at least 50% of maximum value
pressure bars (frequency, pressure)	at least 50 per cent of maximum value

Period of observation

The period of observation shall at least be 15 seconds.

Piling equipment

42. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 6395:1988

Operating conditions during test

Test under load

The piling equipment is installed at the top of a pile which has sufficient resistance in the ground to allow the equipment to work at a steady speed. In the case of impact hammers, the cap must be supplied with a new, wooden filling. The head of the pile is 0.50 m above the test area.

Period of observation

The period of observation shall at least be 15 seconds.

Pipelayers

43.

See No. 0

Piste caterpillars

44.

See No. 0

Power generators

45. Basic noise emission standard

EN ISO 3744:1995

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurement indoors

The value of the constant K_2A, determined without artificial surface and in accordance with Annex A to EN ISO 3744:1995, shall be ≤2.0 dB, in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

Hemisphere/six microphone positions according to Part A item 5/according to Part A item 5. If l >2m: a parallelepiped according to EN ISO 3744:1995 may be used with measuring distanced = 1m.

Operating conditions during test

Mounting of equipment

The power generators shall be installed on the reflecting plane; skid-mounted power generators shall be placed on a support 0.40m high, unless otherwise required by the manufacturer’s conditions of installation.

Test under load

ISO 8528-10:1998, point 9

Period of observation

The period of observation shall at least be 15 seconds.

Power sweepers

46. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The power sweeper shall be tested in a stationary position. The engine and auxiliary units operate at the speed provided by the manufacturer for the operation of the working equipment; the broom operates at its highest speed, it is not in contact with the ground; the suction system shall work at its maximum suction power with the distance between ground and mouth of the suction system not exceeding 25 mm.

Period of observation

The period of observation shall at least be 15 seconds.

Refuse collection vehicles

47. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The refuse collection vehicle shall be tested in a stationary position for the following operating conditions:

1.

The engine is running at maximum speed provided by the manufacturer. The equipment shall not be running. The test is not carried out for vehicles with electrical supply only.

2.

The compaction system is running.

The refuse collection vehicle and the hopper receiving the waste are empty.

If the engine speed is automatically accelerated when the compaction system is running, this value shall be measured. If the measured value is lower than the speed provided by the manufacturer by more than 5% the test is carried out with the engine accelerated by the cab accelerator, to ensure the engine speed provided by the manufacturer.

If the engine speed for the compaction system is not provided by the manufacturer or if the vehicle is not provided with an automatic accelerator, then the engine speed, issued by the cab accelerator, shall be 1200 rpm.

3.

The lifting device is running up and down, without load and without container. The engine speed is obtained and controlled as for the compaction system running (point 2).

4.

Material is falling into the refuse collection vehicle.

Materials are emptied in bulk with the lifting device into the hopper (initially empty). A two-wheeled container with a 240 l capacity, complying with EN 840-1:1997, shall be used for this operation. If the lifting device is not able to pick up such a container, a container with a capacity close to 240 l shall be used. The material shall consist of 30 tubes of PVC, each with a 0,4 kg approximate mass and with the following dimensions:

— length:	150 mm±0.5 mm
— nominal external diameter:	90 mm + 0.3/- 0 mm
— nominal depth:	6.7 mm + 0.9/- 0 mm

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

The period of observation shall be:

1.

at least 15 seconds. The resulting sound power level shall be L_WA1.

2.

at least three complete cycles, if the compaction system is running automatically. If the compaction system is not running automatically, but cycle by cycle, measurements are carried out at least during three cycles. The resulting sound power level (L_WA2) shall be the root mean square value of the three (or more) measurements.

3.

at least three continuous complete work-cycles, including the entirety of lifting device up and lifting device down. The resulting sound power level (L_WA3) shall be the root mean square value of the three (or more) measurements.

4.

at least three complete work-cycles, each including the falling of 30 tubes into the hopper. Each cycle shall not exceed five seconds. For these measurements, L_pAeq,T is replaced by L_pA,ls. The resulting sound power level (L_WA4) shall be the root mean square value of the three (or more) measurements.

The resulting sound power level is calculated by:

Note: In the case of a refuse collection vehicle only electrically supplied, the coefficient associated to L_WA1 is assumed to be equal to 0.

Road milling machines

48. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Mounting of equipment

The longitudinal axis of the road milling machine shall be parallel to the y-axis.

Test under load

The road milling machine shall be brought to its steady state within the range specified in the instructions supplied to the purchaser. The engine and all attachments shall be running at their respective rated speeds in the idling mode.

Period of observation

The period of observation shall at least be 15 seconds.

Scarifiers

49. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 11094:1991

In case of dispute, measurements shall be carried out in the open air on the artificial surface (point 4.1.2 of ISO 11094:1991).

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurement indoors

The value of the constant K_2A, determined without artificial surface and in accordance with Annex A to EN ISO 3744:1995, shall be ≤2.0 dB, in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

ISO 11094:1991

Operating conditions during test

Test under load

The scarifier shall be operated with the engine at its nominal speed and its working device idling (operating, but not ripping).

Period of observation

The period of observation shall at least be 15 seconds.

Shredders/Chippers

50. Basic noise emission standard

EN ISO 3744:1995

Test area

ISO 11094:1991

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurements indoors

The value of the constant K_2A, determined without artificial surface and in accordance with Annex A to EN ISO 3744:1995, shall be ≤2.0 dB, in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

ISO 11094:1991

Operating conditions during test

Test under load

The shredder/chipper shall be tested chipping one or more pieces of wood.

The work-cycle consists of chipping a round piece of wood (dry pine or plywood) of at least 1.5 m length, that is sharpened at one end and has a diameter approximately equal to the maximum that the shredder/chipper is designed to accept specified in the instructions supplied to the purchaser.

Period of observation/determination of resulting sound power level

The period of observation shall end when there is no more material in the chipping area, but it shall not exceed 20 seconds. If both operation conditions are possible, the higher sound power level has to be given.

Snow removing machines with rotating tools

51. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The snow blower shall be tested in a stationary position. The snow blower shall, according to the manufacturer’s recommendations, operate with the working equipment at its maximum speed and the engine at the corresponding speed.

Period of observation

The period of observation shall at least be 15 seconds.

Suction vehicles

52. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The suction vehicle shall be tested in a stationary position. The engine and auxiliary units operate at the speed provided by the manufacturer for the operation of the working equipment; the vacuum pump(s) is (are) operating at its (their) maximum speed provided by the manufacturer. The suction equipment is operated in such a way that the internal pressure is equal to atmospheric pressure (0% vacuum). The flow noise of the suction nozzle shall not have any influence on the results of the measurements.

Period of observation

The period of observation shall at least be 15 seconds.

Tower cranes

53. Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

Measurement at ground-level

Hemisphere/six microphone positions according to Part A paragraph 5/according to Part A paragraph 5.

Measurements carried out at jib-height.

Where the lifting mechanism is located at the jib-height, the measurement surface shall be a sphere of 4 m radius, the centre of which shall coincide with the geometrical centre of the winch.

Where the measurement is carried out with the lifting mechanism on the jib stay of the crane, the area of measurement surface is a sphere;S is equal to 200 m².

The microphone positions shall be as follows (see Figure 53.1):

Four microphone positions on a horizontal plane passing through the geometric centre of the mechanism

(H = h/2)

withL = 2.80 m

andd = 2.80 m - l/2

L = half-distance between two consecutive microphone positions

l = length of mechanism (along axis of jib)

b = width of mechanism

h = height of mechanism

d = distance between microphone support and mechanism in direction of jib.

The other two microphone positions shall be located at the points of intersection of the sphere and the vertical line passing through the geometric centre of the mechanism.

Operating conditions during test

Mounting of equipment

Measurement of lifting mechanism

The lifting mechanism during the test shall be mounted in one of the following ways. The position shall be described in the test report.

(a)

Lifting mechanism at ground level.

The mounted crane shall be placed on a flat reflecting surface of concrete or non-porous asphalt.

(b)

Lifting mechanism on the jib stay.

The lifting mechanism shall be at least 12 m above the ground.

(c)

Lifting mechanism fixed to the ground.

The lifting mechanism shall be fixed to a flat reflecting surface of concrete or non-porous asphalt.

Measurement of the energy generator.

Where the energy generator is attached to the crane, whether or not it is linked to the lifting mechanism, the crane shall be mounted on a flat reflecting surface of concrete or non-porous asphalt.

Where the lifting mechanism is situated on the jib stay, the noise measurement may be carried out with the mechanism either mounted on the jib stay or fixed to the ground.

Where the energy source powering the crane is independent from it (electrical power generator or mains, or hydraulic or pneumatic power source), only the noise level of the mechanism winch shall be measured.

Where the energy generator is attached to the crane, the energy generator and the lifting mechanism shall be measured separately if they are not combined. Where these two devices are combined, the measurement shall refer to the whole assembly.

During the test the lifting mechanism and the energy generator shall be installed and used in accordance with the manufacturer’s instructions.

Test free of load

The energy generator incorporated in the crane shall operate at the full power rating indicated by the manufacturer.

The lifting mechanism shall operate free of load, with its drum turning at the rotation speed corresponding to the maximum hook-displacement speed, in the raising and lowering modes. This speed shall be specified by the manufacturer. The greater of the two sound power levels (raising or lowering) shall be used for the results of the test.

Test under load

The energy generator incorporated in the crane shall operate at the full power rating indicated by the manufacturer. The lifting mechanism shall operate with a cable tension at the drum corresponding to maximum load (for the minimum radius) with the hook moving at the maximum speed. The load and speed figures shall be specified by the manufacturer. The speed shall be checked during the test.

Period(s) of observation/determination of resulting sound power level if more than one operating condition is used

For the measurement of the sound pressure level of the lifting mechanism, the measuring period shall be

(t_r +t_f) seconds:

t _r being the period in seconds prior to activation of the brake, with the lifting mechanism operating in the manner specified above. For the purpose of the testt_r = 3 seconds
t _f being the period in seconds between the moment when the brake is activated and that when the hook comes to a complete standstill
If an integrator is used, the integration period shall be equal to (t_r +t_f) seconds

The root mean square value at microphone position i shall be given by:

Figure 53.1Arrangement of microphone positions where the lifting mechanism is located the jib stay

Trenchers

54.

See No. 0

Truck Mixers

55. Basic noise emission standard

EN ISO 3744:1995

Operating conditions during test

Test under load

The truck mixer shall be tested in a stationary position. The drum is filled with concrete of medium consistency (propagation measure 42-47 cm) complying to the rated capacity. The engine driving the drum shall operate at the speed that causes the maximum speed of the drum specified in the instructions supplied to the purchaser.

Period of observation

The period of observation shall at least be 15 seconds.

Water pump units

56. Basic noise emission standard

EN ISO 3744:1995

Measurement surface/number of microphone positions/measuring distance

Parallelepiped/according to EN ISO 3744:1995 with measurement distanced = 1 m

Operating conditions during test

Mounting of equipment

The water pump unit shall be installed on the reflecting plane; skid-mounted water pump units shall be placed on a support 0.40m high, unless otherwise required by the manufacturer’s conditions of installation.

Test under load

The engine must operate at the point of best efficiency given in the manufacturer’s instructions.

Period of observation

The period of observation shall at least be 15 seconds.

Welding generators

57. Basic noise emission standard

EN ISO 3744:1995

Environmental correction K_2A

Measurement in the open air

K_2A = 0

Measurement indoors

The value of the constant K_2A, determined in accordance with Annex A to EN ISO 3744:1995, shall be ≤2.0 dB, in which case K_2A shall be disregarded.

Measurement surface/number of microphone positions/measuring distance

Hemisphere/6 microphone positions according to Part A item 5/according to Part A item 5

Ifl2 m: a parallelepiped according to EN ISO 3744:1995 may be used with measuring distanced = 1 m.

Operating conditions during test

Mounting of equipment

The welding generators shall be installed on the reflecting plane; skid-mounted welding generators shall be placed on a support 0.40m high, unless otherwise required by the manufacturer’s conditions of installation.

Test under load

ISO 8528-10:1998, point 9.

Period of observation

The period of observation shall at least be 15 seconds.

SCHEDULE 7 (ANNEX IV to the Directive)

Regulations 2(2) and 11

Models of the F87CE F87UK marking of conformity and of the indication of the guaranteed sound power level

The ~~F87CE~~ F87UK conformity marking must consist of the initials ~~F87“CE"~~ F87"UK" ~~F88taking the following form~~ F88taking the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93:F89

If the ~~F87CE~~ F87UK marking is reduced or enlarged according to the size of the equipment the proportions given in the above drawing must be respected. The various components of the ~~F87CE~~ F87UK marking must have substantially the same vertical dimensions which may not be less than 5 mm.

The indication of the guaranteed sound power level must consist of the single-number of the guaranteed sound power in dB, the sign L_WA and a pictogram taking the following form:

If the indication is reduced or enlarged according to the size of the equipment the proportions given in the above drawings must be respected. However, the vertical dimension of the indication should, if possible, not be less than 40mm.

SCHEDULE 8 (ANNEX V to the Directive)

Regulation 10(b)

Internal control of production

1.

This F90Schedule describes the procedure whereby the manufacturer, or his authorised representative F91..., who carries out the obligations laid down in point 2, ensures and declares that the equipment concerned satisfies the requirements of F92these Regulations. The manufacturer, or his authorised representative F93..., must affix the F94UK marking of conformity and the indication of the guaranteed sound power level as required F95by regulation 7(2)(c), regulation 11 and Schedule 7 to each piece of equipment and draw up a written F96... declaration of conformity as required F97by regulation 7(2)(d) and Schedule 5.

1.

This Annex describes the procedure whereby the manufacturer, or his authorised representative established within the F203European Union, who carries out the obligations laid down in point 2, ensures and declares that the equipment concerned satisfies the requirements of this Directive. The manufacturer, or his authorised representative established in the F203European Union, must affix the CE marking of conformity and the indication of the guaranteed sound power level as required in Article 11 F204 to each piece of equipment and draw up a written EC declaration of conformity as required in Article 8 F205.

2.

The manufacturer, or his authorised representative ~~F98established in the~~ ~~F24European Union~~, must draw up the technical documentation described in point 3 and he must keep it for a period ending at least 10 years after the last product has been manufactured at the disposal of the relevant national authorities for inspection purposes. The manufacturer, or his authorised representative ~~F98established in the~~ ~~F24European Union~~, may entrust another person to keep the technical documentation. In this case he has to include the name and address of this person in the ~~F99EC~~ declaration of conformity.

3.

The technical documentation must enable the conformity of the equipment with the requirements of F100these Regulations to be assessed. It must contain at least the following information:

— name and address of the manufacturer or his authorised representative F101...
— a description of the equipment
— make
— trade name
— type, series and numbers
— the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding.
— the reference to F100these Regulations
— the technical report of noise measurements carried out in accordance with the provisions of F100these Regulations
— the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

3.

The technical documentation must enable the conformity of the equipment with the requirements of this Directive to be assessed. It must contain at least the following information:

— name and address of the manufacturer or his authorised representative established in the F206European Union
— a description of the equipment
— make
— trade name
— type, series and numbers
— the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding.
— the reference to this Directive
— the technical report of noise measurements carried out in accordance with the provisions of this Directive
— the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

4.

The manufacturer must take all measures necessary in order that the manufacturing process ensure continuing compliance of the manufactured equipment with the technical documentation referred to in points 2 and 3 and with the requirements of F102these Regulations.

4. SCHEDULE 9 (ANNEX VI to the Directive)

Regulation 10(a)

Internal control of production with assessment of technical documentation and periodical checking

1.

This F103Schedule describes the procedure whereby the manufacturer, or his authorised representative F104... who carries out the obligations laid down in points 2, 5 and 6 ensures and declares that the equipment concerned satisfies the requirements of F105these Regulations. The manufacturer, or his authorised representative F104..., must affix the F106UK marking of conformity and the indication of the guaranteed sound power level as required in F107regulation 7(2)(c), regulation 11 and Schedule 7 to each piece of equipment and draw up a written EC declaration of conformity as required in F108regulation 7(2)(d) and Schedule 5.

1.

This Annex describes the procedure whereby the manufacturer, or his authorised representative established in the F207European Union who carries out the obligations laid down in points 2, 5 and 6 ensures and declares that the equipment concerned satisfies the requirements of this Directive. The manufacturer, or his authorised representative established in the F207European Union, must affix the CE marking of conformity and the indication of the guaranteed sound power level as required in Article 11 to each piece of equipment and draw up a written EC declaration of conformity as required in Article 8.

2.

The manufacturer, or his authorised representative ~~F109established in the~~ ~~F24European Union~~, must draw up the technical documentation described in point 3 and he must keep it for a period ending at least 10 years after the last product has been manufactured at the disposal of the relevant national authorities for inspection purposes. The manufacturer, or his authorised representative ~~F109established in the~~ ~~F24European Union~~, may entrust another person to keep the technical documentation. In this case he has to include the name and address of this person in the ~~F110EC~~ declaration of conformity.

3.

The technical documentation must enable the conformity of the equipment with the requirements of F111these Regulations to be assessed. It must contain at least the following information:

— name and address of the manufacturer or his authorised representative F112...
— a description of the equipment
— make
— trade name
— type, series and numbers
— the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding
— the reference to F111these Regulations
— the technical report of noise measurements carried out in accordance with the provisions of F111these Regulations
— the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

3.

The technical documentation must enable the conformity of the equipment with the requirements of this Directive to be assessed. It must contain at least the following information:

— name and address of the manufacturer or his authorised representative established in the F208European Union
— a description of the equipment
— make
— trade name
— type, series and numbers
— the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding
— the reference to this Directive
— the technical report of noise measurements carried out in accordance with the provisions of this Directive
— the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

4.

The manufacturer must take all measures necessary in order that the manufacturing process ensures compliance of the manufactured equipment with the technical documentation referred to in points 2 and 3 and with the requirements of F113these Regulations.

4.

5.

Evaluation by F114the approved body prior to placing on the market

The manufacturer, or his authorised representative F115..., shall present a copy of his technical documentation to F116an approved body of his choice before the first item of equipment is placed on the market or put into service.
If there are doubts about the plausibility of the technical documentation, F114the approved body shall inform accordingly the manufacturer or his authorised representative F115..., and, if need be, carry out, or have carried out modifications to the technical documentation, or possibly, tests deemed necessary.
After F114the approved body has issued a report confirming that the technical documentation satisfies the provisions of this Directive, the manufacturer or his authorised representative F117... may affix the F118UK marking to the equipment and issue F119a declaration of conformity in accordance with F120regulation 7(2)(c) and (d), regulation 11 and Schedules 5 and 7, for which he will bear complete responsibility.

5.

Evaluation by the notified body prior to placing on the market

The manufacturer, or his authorised representative established in the F209European Union, shall present a copy of his technical documentation to a notified body of his choice before the first item of equipment is placed on the market or put into service.
If there are doubts about the plausibility of the technical documentation, the notified body shall inform accordingly the manufacturer or his authorised representative established in the F209European Union, and, if need be, carry out, or have carried out modifications to the technical documentation, or possibly, tests deemed necessary.
After the notified body has issued a report confirming that the technical documentation satisfies the provisions of this Directive, the manufacturer or his authorised representative established within the F209European Union may affix the CE marking to the equipment and issue an EC declaration of conformity in accordance with Articles 11 and 8, for which he will bear complete responsibility.

6.

Evaluation by the F121approved body during production

The manufacturer, or his authorised representative F122..., shall further involve the F121approved body in the production phase according to one of the following procedures to be chosen by the manufacturer or his authorised representative F123...:
- — the F121approved body shall carry out periodical checks in order to verify continuing compliance of the manufactured equipment with the technical documentation and with the requirements of F124these Regulations; in particular the F121approved body shall concentrate on:
- — the correct and complete marking of the equipment according to F125regulation 7(2)(c), regulation 11 and Schedule 7,
- — issuing of the EC declaration of conformity according to F126regulation 7(2)(d) and Schedule 5,
- — the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.
The manufacturer, or his authorised representative F122..., shall give the F121approved body free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.
Only if the above checks give unsatisfactory results shall the F121approved body carry out noise tests, which, on its own judgement and experience, may be simplified or completely carried out according to the provisions laid down in F127Schedule 6 for the relevant type of equipment,
- — the F121approved body shall carry out or have carried out product checks at random intervals. An adequate sample of the final equipment, chosen by the F121approved body, must be examined and appropriate noise tests as set out in F127Schedule 6, or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the Directive. The product checking must include the following aspects:
  - — the correct and complete marking of the equipment according to F125regulation 7(2)(c), regulation 11 and Schedule 7,
  - — issuing of the EC declaration of conformity according to F126regulation 7(2)(d) and Schedule 5.
In both procedures, the frequency of the checks shall be defined by the F121approved body according to the results of previous evaluations, the need to monitor corrective actions and further guidance for the frequency of the checks that may be given by the yearly production and the general reliability of the manufacturer to maintain the guaranteed values; however a check shall be carried out at least once every three years.
If there are doubts about the plausibility of the technical documentation or the adherence during production, the F121approved body shall inform accordingly the manufacturer, or his authorised representative F122....
In those cases where equipment checked does not conform to the provisions of F124these Regulations, the F121approved body must inform the F128Secretary of State.

6.

Evaluation by the notified body during production

The manufacturer, or his authorised representative established in the F210European Union, shall further involve the notified body in the production phase according to one of the following procedures to be chosen by the manufacturer or his authorised representative established within the F210European Union:
- — the notified body shall carry out periodical checks in order to verify continuing compliance of the manufactured equipment with the technical documentation and with the requirements of this Directive; in particular the notified body shall concentrate on:
- — the correct and complete marking of the equipment according to Article 11,
- — issuing of the EC declaration of conformity according to Article 8,
- — the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.
The manufacturer, or his authorised representative established in the F210European Union, shall give the notified body free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.
Only if the above checks give unsatisfactory results shall the notified body carry out noise tests, which, on its own judgement and experience, may be simplified or completely carried out according to the provisions laid down in Annex III for the relevant type of equipment,
- — the notified body shall carry out or have carried out product checks at random intervals. An adequate sample of the final equipment, chosen by the notified body, must be examined and appropriate noise tests as set out in Annex III, or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the Directive. The product checking must include the following aspects:
  - — the correct and complete marking of the equipment according to Article 11,
  - — issuing of the EC declaration of conformity according to Article 8.
In both procedures, the frequency of the checks shall be defined by the notified body according to the results of previous evaluations, the need to monitor corrective actions and further guidance for the frequency of the checks that may be given by the yearly production and the general reliability of the manufacturer to maintain the guaranteed values; however a check shall be carried out at least once every three years.
If there are doubts about the plausibility of the technical documentation or the adherence during production, the notified body shall inform accordingly the manufacturer, or his authorised representative established in the F210European Union.
In those cases where equipment checked does not conform to the provisions of this Directive, the notified body must inform the notifying Member State.

SCHEDULE 10 (ANNEX VII to the Directive)

Regulation 10(a)

Unit Verification

1.

This F129Schedule describes the procedure whereby the manufacturer, or his authorised representative F130..., ensures and declares that the equipment which has been issued with the certificate referred to in point 4 conforms to the requirements of F131these Regulations. The manufacturer, or his authorised representative F130..., must affix the F132UK marking supplemented by the information as required in F133regulation 7(2)(c), regulation 11 and Schedule 7 to the equipment and draw up the F134... declaration of conformity referred to in F135regulation 7(2)(d) and Schedule 5.

1.

This Annex describes the procedure whereby the manufacturer, or his authorised representative established in the F211European Union, ensures and declares that the equipment which has been issued with the certificate referred to in point 4 conforms to the requirements of this Directive. The manufacturer, or his authorised representative established in the F211European Union, must affix the CE marking supplemented by the information as required in Article 11 to the equipment and draw up the EC declaration of conformity referred to in Article 8.

2.

The application for a unit verification must be lodged by the manufacturer or his authorised representative F136... with F137an approved body chosen by him.

This application must include:

— the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address in addition
— a written declaration that the same application has not been lodged with any F138other approved body,
— a technical documentation conforming to the requirements set below:
- — a description of the equipment
- — trade name
- — type, series and numbers
- — the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding
- — the reference to F139these Regulations.

2.

The application for a unit verification must be lodged by the manufacturer or his authorised representative established in the F212European Union with a notified body chosen by him.

This application must include:

— the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address in addition
— a written declaration that the same application has not been lodged with any other notified body,
— a technical documentation conforming to the requirements set below:
- — a description of the equipment
- — trade name
- — type, series and numbers
- — the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding
- — the reference to this Directive.

3.

The F140approved body must:

— examine whether the equipment has been manufactured in conformity with the technical documentation
— agree with the applicant the location where, in accordance with F141these Regulations, the noise tests will be carried out
— in accordance with F141these Regulations, carry out or have carried out the necessary noise tests.

3.

The notified body must:

— examine whether the equipment has been manufactured in conformity with the technical documentation
— agree with the applicant the location where, in accordance with this Directive, the noise tests will be carried out
— in accordance with this Directive, carry out or have carried out the necessary noise tests.

4.

Where the equipment meets the provisions of F142these Regulations, the F143approved body must issue a certificate of conformity to the applicant as described in F144Schedule 12.

If the F143approved body refuses to issue a certificate of conformity, it must state the detailed grounds for the refusal.

4.

Where the equipment meets the provisions of this Directive, the notified body must issue a certificate of conformity to the applicant as described in Annex X.

If the notified body refuses to issue a certificate of conformity, it must state the detailed grounds for the refusal.

5.

The manufacturer, or his authorised representative ~~F145established in the~~ ~~F24European Union~~, must keep with the technical documentation copies of the certificate of conformity for a period of 10 years from the date on which the equipment is placed on the market.

SCHEDULE 11 (ANNEX VIII to the Directive)

Regulation 10(a)

Full Quality Assurance

1.

This F146Schedule describes the procedure whereby the manufacturer who satisfies the obligations of point 2 ensures and declares that the equipment concerned satisfies the requirements of F147these Regulations. The manufacturer, or his authorised representative F148..., must affix the F149UK marking supplemented by the information as required in F150regulation 7(2)(c), regulation 11 and Schedule 7 to each product and draw up the written F151... declaration of conformity referred to in F152regulation 7(2)(d) and Schedule 5.

1.

This Annex describes the procedure whereby the manufacturer who satisfies the obligations of point 2 ensures and declares that the equipment concerned satisfies the requirements of this Directive. The manufacturer, or his authorised representative established in the F213European Union, must affix the CE marking supplemented by the information as required in Article 11 to each product and draw up the written EC declaration of conformity referred to in Article 8.

2.

The manufacturer must operate an approved quality assurance system for design, manufacture and final product inspection and testing as specified in point 3 and shall be subject to surveillance as specified in point 4.

3.

Quality assurance system

3.1.

The manufacturer must lodge an application for assessment of his quality assurance system with F153an approved body of his choice.

The application must include:

— all relevant information for the product category envisaged, including technical documentation of all equipment already in phase of design or production that must contain at least the following information:
- — name and address of the manufacturer or his authorised representative F154...
- — a description of the equipment
- — make
- — trade name
- — type, series and numbers
- — the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding.
- — the reference to F155these Regulations
- — the technical report of noise measurements carried out in accordance with the provisions of F155these Regulations
- — the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level
- — a copy of the F156... declaration of conformity.
— the documentation concerning the quality assurance system.

3.1.

The manufacturer must lodge an application for assessment of his quality assurance system with a notified body of his choice.

The application must include:

— all relevant information for the product category envisaged, including technical documentation of all equipment already in phase of design or production that must contain at least the following information:
- — name and address of the manufacturer or his authorised representative established in the F214European Union
- — a description of the equipment
- — make
- — trade name
- — type, series and numbers
- — the technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understanding.
- — the reference to this Directive
- — the technical report of noise measurements carried out in accordance with the provisions of this Directive
- — the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level
- — a copy of the EC declaration of conformity.
— the documentation concerning the quality assurance system.

3.2.

The quality assurance system must ensure compliance of the product with the requirements of the F157enactments that apply to it.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality assurance system documentation must permit a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.

3.2.

The quality assurance system must ensure compliance of the product with the requirements of the Directives that apply to it.

3.3.

It must contain in particular an adequate description of:

— the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality
— the technical documentation to be drawn up for each product, containing at least the information indicated in point 3.1 for the technical documentations mentioned there
— the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the equipment category covered
— the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used
— the examinations and test that will be carried out before, during and after manufacture, and the frequency with which they will be carried out
— the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned etc.
— the means to monitor the achievement of the required design and product quality and the effective operation of the quality assurance system.

The F158approved body must assess the quality assurance system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume conformity with these requirements in respect of quality assurance systems that implement EN ISO 9001.

The auditing team must have at least one member with experience as an assessor in the equipment technology concerned. The assessment procedure must include an assessment visit to the manufacturer’s premises.

The decision must be notified to the manufacturer. The notification must contain the conclusion of the examination and the reasoned assessment decision.

3.3.

It must contain in particular an adequate description of:

— the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality
— the technical documentation to be drawn up for each product, containing at least the information indicated in point 3.1 for the technical documentations mentioned there
— the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the equipment category covered
— the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used
— the examinations and test that will be carried out before, during and after manufacture, and the frequency with which they will be carried out
— the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned etc.
— the means to monitor the achievement of the required design and product quality and the effective operation of the quality assurance system.

The notified body must assess the quality assurance system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume conformity with these requirements in respect of quality assurance systems that implement EN ISO 9001.

The decision must be notified to the manufacturer. The notification must contain the conclusion of the examination and the reasoned assessment decision.

3.4.

The manufacturer must undertake to fulfil the obligations arising out of the quality assurance system as approved and to maintain it in an adequate and efficient manner.

The manufacturer or his authorised representative F159... shall keep the F160approved body that has approved the quality assurance system informed of any intended updating of the quality assurance system.

The F160approved body must evaluate the modifications proposed and decide whether the modified quality assurance system will still satisfy the requirements referred to in point 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

3.4.

The manufacturer must undertake to fulfil the obligations arising out of the quality assurance system as approved and to maintain it in an adequate and efficient manner.

The manufacturer or his authorised representative established within the F215European Union shall keep the notified body that has approved the quality assurance system informed of any intended updating of the quality assurance system.

The notified body must evaluate the modifications proposed and decide whether the modified quality assurance system will still satisfy the requirements referred to in point 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4.

Surveillance under the responsibility of the F161approved body

4.

Surveillance under the responsibility of the notified body

4.1.

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality assurance system.

4.2.

The manufacturer must allow the F161approved body entrance for inspection purposes to the locations of design, manufacture, inspection and testing, and storage and must provide it with all necessary information, in particular:

— the quality assurance system documentation
— the quality records as foreseen by the design part of the quality assurance system, such as results of analyses, calculations, tests, etc.
— the quality records as foreseen by the manufacturing part of the quality assurance system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned etc.

4.2.

The manufacturer must allow the notified body entrance for inspection purposes to the locations of design, manufacture, inspection and testing, and storage and must provide it with all necessary information, in particular:

— the quality assurance system documentation
— the quality records as foreseen by the design part of the quality assurance system, such as results of analyses, calculations, tests, etc.
— the quality records as foreseen by the manufacturing part of the quality assurance system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned etc.

4.3.

The F161approved body shall periodically carry out audits to make sure that the manufacturer maintains and applies the quality assurance system and must provide an audit report to the manufacturer.

4.3.

The notified body shall periodically carry out audits to make sure that the manufacturer maintains and applies the quality assurance system and must provide an audit report to the manufacturer.

4.4.

Additionally the F161approved body may pay unexpected visits to the manufacturer. During such visits the F161approved body may carry out, or cause to be carried out, tests to verify that the quality assurance system is functioning correctly, if necessary. The F161approved body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

4.4.

Additionally the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may carry out, or cause to be carried out, tests to verify that the quality assurance system is functioning correctly, if necessary. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.

5.

The manufacturer must, for a period ending at least 10 years after the last equipment has been manufactured, keep at the disposal of the national authorities:

— the documentation referred to in the second indent of point 3.1 of this F162Schedule
— the updating referred to in the second paragraph of point 3.4
— the decisions and reports from the F163approved body which are referred to in the final paragraph of point 3.4, points 4.3 and 4.4.

5.

The manufacturer must, for a period ending at least 10 years after the last equipment has been manufactured, keep at the disposal of the national authorities:

— the documentation referred to in the second indent of point 3.1 of this Annex
— the updating referred to in the second paragraph of point 3.4
— the decisions and reports from the notified body which are referred to in the final paragraph of point 3.4, points 4.3 and 4.4.

6.

Each F164approved body must give the other F164approved bodies the relevant information concerning the quality assurance system approvals issued and withdrawn.

6.

Each notified body must give the other notified bodies the relevant information concerning the quality assurance system approvals issued and withdrawn.

SCHEDULE 12 (ANNEX X to the Directive)

Schedule 10

F165 F166 F167Unit Verification

F168SCHEDULE 12AApproved body requirements

Regulation 14

1. (1)

The body, its director and its staff responsible for carrying out verification operations may be neither the designer, builder, supplier or installer of the equipment nor the authorised representative established in the United Kingdom of any of those parties. They may become involved neither directly nor as authorised representatives in the design, construction, marketing or maintenance of such equipment nor represent the parties engaged in these activities.

(2)

Sub-paragraph (1) does not preclude the possibility of exchange of technical information between the manufacturer and the body.

2.

The body and its staff must carry out the assessments and verifications with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their work, especially from persons or groups of persons with an interest in the results of verification.

3.

The body must have at its disposal the necessary staff and possess the necessary facilities to enable it to perform properly the technical and administrative tasks connected with inspection and surveillance operations; it must also have access to the equipment required for any special verification.

4.

The staff responsible for inspection must have—

(a)

sound technical and professional training;

(b)

satisfactory knowledge of the requirements for the assessment of technical documentation;

(c)

satisfactory knowledge of the requirements for the tests they carry out and adequate practical experience of such tests;

(d)

the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.

5.

The body must be able to demonstrate the impartiality of its inspection staff.

6.

The remuneration of the inspection staff must not depend on the number of tests carried out or the results of such tests.

7.

The body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.

8.

The body must ensure that its staff observe professional secrecy with regard to all information gained in carrying out its tests under these Regulations.

9.

Paragraph 8 does not prevent the staff from providing the information to the Secretary of State.

SCHEDULE 13ENFORCEMENT

Regulation 17

Enforcement authorities

1. F169(1)

The Secretary of State must enforce these Regulations and in carrying out this duty may appoint any person to act on behalf of the Secretary of State, and “enforcement authority” is to be construed accordingly.

(2)

Nothing in these Regulations shall authorise any enforcement authority to bring proceedings in Scotland for an offence.

Test purchases

2. (1)

An enforcement authority shall have power, for the purpose of ascertaining whether any equipment complies with the requirements of regulation 7 to make, or to authorise an officer of the authority to make, any purchase of equipment.

(2)

Where—

(a)

any equipment purchased under this paragraph by or on behalf of any enforcement authority is submitted to a test; and

(b)

the test leads to—

(i)

the bringing of proceedings for an offence under regulation 18 in relation to the equipment or the forfeiture of equipment of the same description under paragraph 13 or 14 below; or

(ii)

the serving of a suspension notice in respect of any equipment; and

(c)

the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the equipment was purchased or any person who is a party to the proceedings or has an interest in any equipment to which the notice relates to have the equipment tested.

Powers of search etc.

3. (1)

Subject to paragraph 4 below, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this paragraph.

(2)

The officer may, for the purpose of ascertaining whether there has been a contravention of any of the requirements of regulation 7—

(a)

inspect any equipment and enter any premises other than premises occupied only as a person’s residence; or

(b)

examine any procedure (including any arrangements for carrying out a test) connected with the production of any equipment.

(3)

If the officer has reasonable ground for suspecting that there has been a contravention of any of the requirements of regulation 7, he may for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain any equipment.

(4)

The officer may seize and detain—

(a)

any equipment, any document, record or information which the officer may require production of under paragraph 8 below, or any other thing, which he has reasonable grounds for believing may be required as evidence in proceedings for an offence under these Regulations, or

(b)

any equipment which he has reasonable grounds for suspecting may be liable to be forfeited under paragraphs 13 and 14 below.

(5)

The officer may, for the purpose of the exercise of his powers under sub-paragraphs (3) or (4) above to seize any equipment, any document or record or any other thing—

(a)

require any person having authority to do so to open any container; and

(b)

himself open or break open any such container where a requirement made under paragraph (a) above in relation to the container has not been complied with.

Provisions supplemental to paragraph 3

4. (1)

An officer seizing any equipment, records, documents, information or other thing under paragraph 3 above shall inform the person from whom they are seized that such equipment, records or other thing have been so seized.

(2)

If a justice of the peace—

(a)

is satisfied by any written information on oath that there are reasonable grounds for believing either—

(i)

that any equipment, documents, records, information or other thing which any officer has power to inspect under paragraph 3 above are on any premises and that their inspection is likely to disclose evidence that there has been a contravention of any of the requirements of regulation 7 of these Regulations; or

(ii)

that such a contravention has taken place, is taking place or is about to take place on any premises; and

(b)

is also satisfied by any such information either—

(i)

that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this paragraph has been given to the occupier; or

(ii)

that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for one month, authorise any officer of an enforcement authority to enter the premises, if need be by force.

(3)

An officer entering any premises by virtue of paragraph 3 above or a warrant under sub-paragraph (2) of this paragraph may take with him such other persons and such equipment as may appear to him necessary.

(4)

On leaving any premises which a person is authorised to enter by a warrant under sub-paragraph (2) of this paragraph, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.

(5)

Where any equipment seized by an officer under paragraph 3 above is submitted to a test, the officer shall inform the persons mentioned in sub-paragraph (1) of this paragraph of the result of the test and, if—

(a)

proceedings are brought for an offence in respect of a contravention in relation to any equipment of any provision of these Regulations or for the forfeiture of any relevant equipment under paragraphs 13 and 14 below, or a suspension notice is served in respect of any equipment; and

(b)

the officer is requested to do so and it is practicable to comply with the request,

the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the equipment to which the notice relates to have the equipment tested.

(6)

In the application of this paragraph to Scotland, the reference in sub-paragraph (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.

(7)

In the application of this paragraph to Northern Ireland, the references in sub-paragraph (2) above to any information on oath shall be construed as references to any complaint on oath.

Appeals against detention of equipment

5. (1)

Any person having an interest in any equipment, document, record, information or other thing which is for the time being detained under any provision of this Schedule by an enforcement authority or by an officer of such an authority may apply for an order requiring the equipment to be released to him or to another person.

(2)

An application under this paragraph may be made—

(a)

to any magistrates’ court in which proceedings have been brought in England and Wales and Northern Ireland—

(i)

for an offence under regulation 18; or

(ii)

for the forfeiture of the equipment under paragraph 13 below;

(b)

where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or

(c)

in Scotland, by summary application to the sheriff.

(3)

On an application under this paragraph to a magistrates’ court or to the sheriff, an order requiring equipment to be released shall be made only if the court or sheriff is satisfied—

(a)

that proceedings—

(i)

for an offence under regulation 18 in respect of the equipment; or

(ii)

for the forfeiture of the equipment under paragraph 13 or 14 below, have not been brought or, having been brought, have been concluded without the equipment being forfeited; and

(b)

where no such proceedings have been brought, that more than six months have elapsed since the equipment was seized.

(4)

Any person aggrieved by an order made under this regulation by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)

in England and Wales, to the Crown Court;

(b)

in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 F170 of article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 F171 (statement of case)).

Suspension notices

6. (1)

Where an enforcement authority has reasonable grounds for suspecting that regulation 7 has been contravened, the authority may serve a notice (“a suspension notice") in relation to equipment prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from placing on the market or putting into service the equipment without the consent of that authority.

(2)

A suspension notice served by an enforcement authority in respect of any equipment shall—

(a)

describe the equipment to which it relates in a manner sufficient to identify it;

(b)

set out the grounds on which the authority suspects that regulation 7 has been contravened; and

(c)

state that, and the manner in which, the person on whom the notice is served may appeal against the notice under paragraph 7 below.

(3)

A consent given by an enforcement authority for the purposes of a suspension notice may impose such conditions on the doing of anything for which the consent is required as that authority considers appropriate.

(4)

A suspension notice may require the person on whom it is served to keep the enforcement authority which served the notice informed of the whereabouts throughout the period during which the notice has effect of any of the equipment in which that person has an interest.

(5)

Where a suspension notice has been served on any person in respect of any equipment, no further such notice shall be served on that person in respect of the same equipment unless—

(a)

proceedings against that person for an offence under regulation 18; or

(b)

proceedings for the forfeiture of the equipment under paragraph 13 or 14 below,

are pending at the end of the period specified in the first-mentioned notice.

Appeals against suspension notices

7. (1)

Any person having an interest in any equipment in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.

(2)

An application under this paragraph may be made—

(a)

in England and Wales or Northern Ireland—

(i)

to any magistrates’ court in which proceedings have been brought—

(aa)

for an offence under regulation 18; or

(bb)

for the forfeiture of the equipment under paragraph 13 below; or

(ii)

where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or

(b)

in Scotland, by summary application to the sheriff.

(3)

On an application under this paragraph to a magistrates’ court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the equipment of the requirements of regulation 7.

(4)

On an application under this paragraph to the sheriff he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order—

(a)

proceedings for an offence under regulation 18; or

(b)

proceedings for the forfeiture of the equipment under paragraph 14 below,

have not been brought or, having been brought, have been concluded.

(5)

Any person aggrieved by an order made under this F172paragraph by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)

in England or Wales, to the Crown Court;

(b)

in Northern Ireland, to the county court;

and an order so made may contain such provision as appears to the court appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).

Power to require production of documents and information etc.

8.

An officer of an enforcement authority may, for the purposes of exercising his functions under this Schedule, require—

(a)

any person who is required by regulation 7(4) to retain F173a declaration of conformity during the period in which that person is required to retain that document, to produce such document;

(b)

any person who is in possession of F173a declaration of conformity, or of a copy of such document, at any time to produce it;

(c)

any person, to produce such technical documentation relating to such equipment as are in his possession or under his control; or

(d)

any person, to give him such information as he may reasonably require,

and such officer may inspect any thing which he may require to be produced under this paragraph, and take a copy thereof or of any part thereof.

Power to require production of documents and information etc.8.

An officer of an enforcement authority may, for the purposes of exercising his functions under this Schedule, require—

(a)

any person who is required by regulation 7(4) to retain an EC declaration of conformity during the period in which that person is required to retain that document, to produce such document;

(b)

any person who is in possession of an EC declaration of conformity, or of a copy of such document, at any time to produce it;

(c)

any person, to produce such technical documentation relating to such equipment as are in his possession or under his control; or

(d)

any person, to give him such information as he may reasonably require,

and such officer may inspect any thing which he may require to be produced under this paragraph, and take a copy thereof or of any part thereof.

Contravention of a suspension notice

9.

Any person who contravenes a suspension notice shall be guilty of an offence.

False information

10.

Any person who, in giving any information which he is required to give under paragraph 8(c) or (d) above—

(a)

makes any statement which he knows is false in a material particular; or

(b)

recklessly makes any statement which is false in a material particular,

shall be guilty of an offence.

Obstruction etc. of officers of enforcement authorities etc.

11.

Any person who—

(a)

intentionally obstructs any officer of an enforcement authority who is acting in pursuance of any provision of this Schedule;

(b)

intentionally fails or refuses to comply with any requirement made of him by any officer of an enforcement authority under any provision of this Schedule;

(c)

without reasonable cause fails or refuses to give any officer of an enforcement authority who is so acting any other assistance which the officer may reasonably require of him for the purposes of the exercise of the officer’s functions under any provision of this Schedule,

shall be guilty of an offence.

Extension of time for bringing summary proceedings

12.

In England and Wales or Northern Ireland, a magistrates’ court may try an information in respect of an offence committed under these Regulations if the information is laid within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.

Forfeiture: England and Wales and Northern Ireland

13. (1)

An enforcement authority in England and Wales or Northern Ireland may apply under this paragraph for an order for the forfeiture of any equipment on the grounds that there has been a contravention in relation thereto of regulation 7.

(2)

An application under this paragraph may be made—

(a)

where proceedings have been brought in a magistrates’ court in respect of an offence in relation to the equipment under regulation 18;

(b)

where an application with respect to some or all of the equipment has been made to a magistrates’ court under paragraph 5 or 7 above, to that court; and

(c)

where no application for the forfeiture of the equipment has been made under paragraph (a) or (b) above, by way of complaint to a magistrates’ court.

(3)

On an application under this paragraph the court shall make an order for the forfeiture of the equipment only if it is satisfied that there has been a contravention in relation thereto of regulation 7.

(4)

For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this paragraph that there has been a contravention in relation to any equipment of regulation 7 if it is satisfied that that provision has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(5)

Any person aggrieved by an order made under this paragraph by a magistrates’ court, or by a decision of such court not to make such an order, may appeal against that order or decision—

(a)

in England and Wales, to the Crown Court;

(b)

in Northern Ireland, to the county court,

and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).

(6)

Subject to sub-paragraph (7) below, where any equipment is forfeited under this paragraph it shall be destroyed in accordance with such directions as the court may give.

(7)

On making an order under this paragraph a magistrates’ court may, if it considers it appropriate to do so, direct that the equipment to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person—

(a)

does not supply the equipment to any person otherwise than—

(i)

to a person who carries on a business of buying equipment of the same description as the first mentioned equipment and repairing or reconditioning it; or

(ii)

as scrap (that is to say, for the value of materials included in the equipment rather than for the value of the equipment itself); and

(b)

complies with any order to pay costs or expenses (including any order under paragraph 15 below) which has been made against that person in the proceedings for the order of forfeiture.

Forfeiture: Scotland

14. (1)

In Scotland an order for forfeiture of any relevant equipment in relation to which there has been a contravention of regulation 7 may be made by the sheriff—

(a)

on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 F174; or

(b)

where a person is convicted of any offence in respect of any such contravention, in addition to any other penalty which the sheriff may impose.

(2)

The procurator-fiscal making an application under sub-paragraph (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the equipment to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the equipment should not be forfeited.

(3)

Service under sub-paragraph (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.

(4)

Any person upon whom a notice is served under sub-paragraph (2) above and any other person claiming to be the owner of, or otherwise to have an interest in, the equipment to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the equipment should not be forfeited.

(5)

The sheriff shall not make an order following the application under sub-paragraph (1)(a) above—

(a)

if any person on whom notice is served under sub-paragraph (2) above does not appear, unless service of the notice on that person is proved; or

(b)

if no notice under sub-paragraph (2) above has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.

(6)

The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the equipment of regulation 7.

(7)

For the avoidance of doubt it is hereby declared that the sheriff may infer for the purposes of this paragraph that there has been a contravention in relation to any equipment of regulation 7 if he is satisfied that that provision has been contravened in relation to equipment which is representative of that equipment (whether by reason of being of the same design or part of the same consignment or batch or otherwise).

(8)

Where an order for the forfeiture of any equipment is made following an application by the procurator-fiscal under sub-paragraph (1)(a) above, any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this paragraph as it applies to a stated case under Part X of that Act.

(9)

An order following an application under sub-paragraph (1)(a) above shall not take effect—

(a)

until the end of the period of 21 days beginning with the day after the day on which the order is made; or

(b)

if an appeal is made under sub-paragraph (8) above within that period, until the appeal is determined or abandoned.

(10)

An order under sub-paragraph (1)(b) shall not take effect—

(a)

until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995; or

(b)

if an appeal is made within that period, until the appeal is determined or abandoned.

(11)

Subject to sub-paragraph (12) below, equipment forfeited under this paragraph shall be destroyed in accordance with such directions as the sheriff may give.

(12)

If he thinks fit, the sheriff may direct the equipment to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than—

(a)

to a person who carries on a business of buying equipment of the same description as the first-mentioned equipment and repairing or reconditioning it; or

(b)

as scrap (that is to say, for the value of materials included in the equipment rather than for the value of the equipment itself).

Recovery of expenses of enforcement

15. (1)

This paragraph applies where a court—

(a)

convicts a person of an offence under regulation 18; or

(b)

makes an order under paragraph 13 or 14 above for the forfeiture of any equipment.

(2)

The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the equipment the subject of the order for forfeiture, to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority—

(a)

in investigating the offence, and, without prejudice to the generality of the foregoing, in having the equipment tested;

(b)

in connection with any seizure or detention of the equipment by or on behalf of the authority; or

(c)

in connection with any compliance by that authority with directions given by the court for the purposes of any order for the forfeiture of the equipment.

Service of documents etc.

16. (1)

Any document required or authorised by this Schedule to be served on a person may be so served—

(a)

by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;

(b)

if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or

(c)

if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.

(2)

For the purposes of sub-paragraph (1) above, and for the purposes of section 7 of the Interpretation Act 1978 F175 (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that—

(a)

in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;

(b)

in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Savings for certain privileges

17. (1)

Nothing in this Schedule shall be taken as requiring any person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any documents or records which are in the possession of a person who would be so entitled.

(2)

Nothing in this Schedule shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person’s spouse.

Savings for action taken under other enactments

18.

Nothing in this Schedule shall be construed as preventing the taking of any action in respect of any relevant equipment under the provisions of any other enactment.

(This note is not part of the Regulations)

These Regulations implement the European Parliament and the Council Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (“the Directive"). They come into force on 3rd July 2001 except regulations 1, 2 and 14 which will come into force on 4th June 2001.

For the purposes of the Regulations, relevant definitions are contained in regulation 2.

The Construction Plant and Equipment (Harmonization of Noise Emission Standards) Regulations 1985 (S.I. 1985 No. 1968), the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 (S.I. 1988 No. 361), the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992 (S.I. 1992 No. 168) and the Construction Plant and Equipment (Noise Emission) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 328) are revoked with effect from 3rd January 2002.

The Regulations apply to the equipment for use outdoors listed in Schedules 1 and 2, and as defined in detail in Schedule 4 (which replicates the text of Annex I of the Directive) (regulation 3).

The Regulations do not apply to the equipment listed in regulation 4 nor to equipment placed on the market before 3rd July 2001 (regulation 5). Regulation 9 provides for exceptions for equipment which will be put into service outside the Community and for equipment exhibited at trade fairs and exhibitions. Regulation 6 sets out the transitional arrangements whereby equipment placed on the market or put into service on or before 2nd January 2002 are excluded from the scope of the Regulations provided that they comply with any noise legislation relating to the placing on the market in the UK of that equipment which is in force on 2nd July 2001.

Regulation 7 sets out the general requirements relating to the placing on the market or putting into service of any equipment listed in Schedules 1 and 2 and further defined in Schedule 4 by a “responsible person" (as defined). The equipment must satisfy the relevant requirements concerning the noise emission in the environment measured in accordance with the provisions of Schedule 6 (regulation 8), the appropriate conformity assessment procedure (as set out in Schedules 8, 9, 10, 11 and 12) must be carried out (regulation 10), the CE marking and the indication of the guaranteed sound power level must be affixed (regulation 11 and Schedule 7), and an EC declaration of conformity (Schedule 5) must be drawn up and accompany the equipment.

There is a requirement that the guaranteed sound power level of equipment listed in Schedule 1 must not exceed the permissible sound power level as set out in the table in Schedule 3, and the guaranteed sound power level shall be marked on equipment listed in Schedule 2 (regulation 8).

A copy of the declaration of conformity must be sent to the DTI and the European Commission (regulation 12).

Regulation 13 describes a body which can be a notified body for the purpose of these Regulations and regulation 14 provides for the Secretary of State to appoint notified bodies. Regulation 15 provides for notified bodies to charge fees for carrying out their duties under the Regulations.

Regulation 16 sets out the conditions for equipment to be taken to comply with the provisions of the Regulations.

Regulation 17 and Schedule 13 provides for enforcement of the Regulations by the Vehicle Certification Agency and also includes a requirement that a warning must be given and the opportunity given to the responsible person to remedy non-conformity before enforcement action is taken. Regulation 18 provides that a contravention of or failure to comply with regulations 7(1), 7(4) or 12 will be an offence and the penalties attracted by those offences and the offences created by paragraphs 9, 10, 11(1) and (2) of Schedule 13 are set out in regulation 19. A defence of due diligence is provided for in regulation 20 and the liability of persons other than the principal offender is set out in regulation 21.

Regulation 22 provides for consequential amendments to other Regulations.

Copies of the standards referred to in regulation 2(2) can be obtained from any of the sales outlets operated by the British Standards Institution (BSI) or by post form the BSI 389 Chiswick High Road, London, W4 4AL and any Stationery Office bookshop.

A Regulatory Impact Assessment in respect of these Regulations is available and a copy can be obtained from the Department of Trade and Industry, Standards and Technical Regulations Directorate 4, 151 Buckingham Palace Road, London, SW1W 9SS. A copy has also been placed in the libraries of both Houses of Parliament.