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COUNCIL DIRECTIVE
OF 19 DECEMBER 1978
ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE DETERMINATION OF THE NOISE EMISSION OF CONSTRUCTION PLANT AND EQUIPMENT
( 79/113/EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,
WHEREAS IN THE MEMBER STATES THE PERMISSIBLE NOISE EMISSION OF CONSTRUCTION PLANT AND EQUIPMENT AND THE METHOD OF DETERMINING IT IS SUBJECT TO MANDATORY PROVISIONS WHICH DIFFER FROM ONE MEMBER STATE TO ANOTHER AND CONSEQUENTLY HINDER TRADE IN SUCH CONSTRUCTION PLANT AND EQUIPMENT ; WHEREAS IT IS THEREFORE NECESSARY TO APPROXIMATE THESE PROVISIONS ;
WHEREAS IT IS NECESSARY TO APPROXIMATE THE REQUIREMENTS FOR THE DETERMINATION OF THE NOISE EMISSION WHICH CONSTRUCTION PLANT AND EQUIPMENT MUST SATISFY IN ORDER TO BE FREELY IMPORTED AND MARKETED ,
HAS ADOPTED THIS DIRECTIVE :
ARTICLE 1
1 . THIS DIRECTIVE SHALL APPLY TO THE CONSTRUCTION PLANT AND EQUIPMENT DEFINED IN PARAGRAPH 2 , FOR WHICH DETAILED REQUIREMENTS ARE LAID DOWN IN SEPARATE DIRECTIVES .
2 . FOR THE PURPOSES OF THIS DIRECTIVE " CONSTRUCTION PLANT AND EQUIPMENT " MEANS MACHINERY , APPLIANCES , PLANT AND INSTALLATIONS OR COMPONENTS THEREOF WHICH ARE USED , ACCORDING TO THEIR TYPE , TO PERFORM WORK ON CIVIL ENGINEERING AND BUILDING SITES BUT WHICH ARE NOT PRIMARILY INTENDED FOR THE TRANSPORT OF GOODS OR PERSONS AND IN RESPECT OF WHICH THE NOISE EMISSION SHOULD BE DETERMINED .
3 . AGRICULTURAL AND FORESTRY TRACTORS AND LIFTING APPLIANCES ARE EXCLUDED FROM THE SCOPE OF THIS DIRECTIVE .
ARTICLE 2
WHERE A SEPARATE DIRECTIVE PROVIDES FOR THE DETERMINATION OF THE NOISE EMISSION OF THE PLANT AND EQUIPMENT REFERRED TO IN ARTICLE 1 , THIS EMISSION SHALL BE DETERMINED IN ACCORDANCE WITH THE REQUIREMENTS ANNEXED HERETO .
ARTICLE 3
ANY AMENDMENTS NECESSARY TO ADAPT THE REQUIREMENTS ANNEXED HERETO TO TECHNICAL PROGRESS SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 5 .
ARTICLE 4
1 . A COMMITTEE ON THE ADAPTATION TO TECHNICAL PROGRESS OF THE DIRECTIVES ON THE REMOVAL OF TECHNICAL BARRIERS TO TRADE IN CONSTRUCTION PLANT AND EQUIPMENT , HEREINAFTER CALLED " THE COMMITTEE " , IS HEREBY SET UP ; IT SHALL CONSIST OF REPRESENTATIVES OF THE MEMBER STATES , WITH A REPRESENTATIVE OF THE COMMISSION AS CHAIRMAN .
2 . THE COMMITTEE SHALL ADOPT ITS OWN RULES OF PROCEDURE .
ARTICLE 5
1 . WHERE THE PROCEDURE LAID DOWN IN THIS ARTICLE IS TO BE FOLLOWED , MATTERS SHALL BE REFERRED TO THE COMMITTEE BY THE CHAIRMAN , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF THE REPRESENTATIVE OF A MEMBER STATE .
2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT TO THE COMMITTEE A DRAFT OF THE MEASURES TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFT WITHIN A TIME LIMIT SET BY THE CHAIRMAN , HAVING REGARD TO THE URGENCY OF THE MATTER . OPINIONS SHALL BE ADOPTED BY A MAJORITY OF 41 VOTES , THE VOTES OF MEMBER STATES BEING WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .
3 . ( A ) THE COMMISSION SHALL ADOPT THE MEASURES ENVISAGED WHERE THEY ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE .
( B ) WHERE THE MEASURES ENVISAGED ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS ADOPTED , THE COMMISSION SHALL WITHOUT DELAY PROPOSE TO THE COUNCIL THE MEASURES TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .
( C ) IF , WITHIN THREE MONTHS OF THE PROPOSAL BEING SUBMITTED TO IT , THE COUNCIL HAS NOT ACTED , THE PROPOSED MEASURES SHALL BE ADOPTED BY THE COMMISSION .
ARTICLE 6
1 . MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE WITHIN 18 MONTHS OF ITS NOTIFICATION AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .
2 . MEMBER STATES SHALL ENSURE THAT THE TEXTS OF THE PROVISIONS OF NATIONAL LAW WHICH THEY ADOPT IN THE FIELD COVERED BY THIS DIRECTIVE ARE COMMUNICATED TO THE COMMISSION .
ARTICLE 7
THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .
DONE AT BRUSSELS , 19 DECEMBER 1978 .