COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty concerning the Common Position of the Council on the Proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to the noise emission by equipment used outdoors

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty concerning the Common Position of the Council on the Proposal for a European Parliament and Council Directive on the approximation of the laws of the Member States relating to the noise emission by equipment used outdoors

1. Background

- Date proposal transmitted to Parliament and Council (COM(1998)46 - 1998/0029/COD) 18 February 1998

- Date of Parliament's opinion on first reading 30/31 March 1998

- Date amended proposal transmitted not applicable

- Date common position adopted 24 January 2000

- Date of opinion of Economic and Social Committee 09 September 1998

2. Purpose of Commission proposal

The purpose of the proposal is to harmonise the laws of the Member States relating to noise emission standards, conformity assessment procedures, marking, technical documentation and collection of data concerning the noise emission in the environment of equipment for use outdoors, and to update existing Community legislation in this field.

The fundamental objectives are to protect human health, to simplify existing legislation (the new Directive would repeal 9 existing Directive covering various types of machinery), and to contribute to the smooth functioning of the Internal Market.

The Directive covers various types of equipment which are normally used in the open air, be it on construction sites (e.g. tower cranes, excavators, loaders), in road works (e.g. hand-held concrete breakers and picks, compactors), or while gardening (lawn mowers and trimmers, chain saws, leaf blowers, shredders), but also equipment mounted on vehicles (e.g. on garbage trucks). It attempts to cover types of equipment considered extremely noisy or annoying. While not all equipment would be subject to noise limits, the obligation concerning noise marking would be generalised (this is an important aspect as the indication of the noise level gives buyers the chance to make an informed choice). Two phases are foreseen for the noise limits: the first would take effect 18 months after the adoption of the Directive and is designed to phase out the noisiest equipment; four years later, limits would be adapted to technical progress (i.e. made stricter).

3. Comments on the common position

The Parliament proposed no amendments on first reading.

Compared to the original Commission proposal, the common position simplifies the procedures on conformity assessment, reducing the number of assessment options from five to three, including a new (and less bureaucratic) option for an internal production control carried out by industry.

Some additional categories of equipment have been included in the scope of the Directive (such as aerial access machines, hydraulic hammers, high-power power generators, piling equipment, paver-finishers and compaction machines). Others have been included and subjected to limit values (such as the non-explosive compaction machines), and with others, limit values have been reviewed downwards for better environmental protection (such as lawn mowers).

The collection of noise data has been simplified by making use of the EC-declaration of conformity.

The improvements simplify the procedures and should improve environmental accountability by increasing the number of categories of equipment recognised as noisy and in some cases introduce tighter noise emission limits.

There are no problems foreseen using the regulatory committee procedures to introduce the results of new technology and better data collection.

4. Conclusions and general remarks

The Commission greatly appreciates the work done in determining the Common Position and endorses the improvements and clarifications that were made. The bonus to the environment and thus to the citizen is expected to be valuable. At the same time market access is assured for the manufacturers of noisy equipment who will receive a strong message. Environmental considerations will continue to play a regulatory role in the noise emissions from equipment for use outdoors.

The Commission commends the Common Position.