31. 12. 80 Official Journal of the European Communities No C 356/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the limitation of noise emitted by hydraulic and rope-
operated excavators and by dozers and loaders 
(Submitted by the Commission to the Council on 28 November 1980) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 100 thereof, 
Having regard to the proposal from the 
Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the 1973 (') and 1977 (2) action programmes 
of the European Communities on the environment 
reflect the importance of the problem of noise 
nuisance and in particular the need for action to 
regulate the worst noise sources; 
Whereas during the Council meeting of 18 and 19 
December 1978 the Ministers for the Environment 
declared that the technical requirements relating to 
the measurement of noise at the operator's position 
would have to be included in the Annexes to the 
special Directives on each type of equipment under 
consideration; 
Whereas the disparity between the provisions already 
applicable in the various Member States concerning 
the limitation of the sound emission level of 
(') OJ NoC 112, 20. 12. 1973. 
(2) OJ NoC 139, 13.6. 1977. hydraulic and rope-operated excavators and of 
dozers and loaders directly affects the functioning of 
the common market; whereas it is therefore 
appropriate to carry out in this field the 
approximation of laws for which Article 100 of the 
Treaty provides; 
Whereas, in the Member States, provisions aimed at 
limiting noise at the operator's position and methods 
of measuring the noise differ from one Member State 
to another and when applied to construction plant 
and equipment, constitute barriers to trade in such 
equipment; whereas those provisions must therefore 
be approximated; 
Whereas Council Directive .../.. ./EEC on the 
approximation of the laws of the Member States 
relating to common provisions for construction plant 
and equipment laid down inter alia the procedures 
for EEC type-approval and EEC verification; 
whereas it is necessary, pursuant to that Directive, to 
prescribe the harmonized requirements which each 
category of equipment must satisfy; 
Whereas Council Directive 79/113/EEC 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(3), as amended by Directive .../.../ 
EEC, laid down the method which should be used 
for establishing the acoustic criteria for hydraulic 
and rope-operated excavators and for dozers and 
loaders; 
(3) OJ NoL33, 8.2. 1979, p. 15. 
No C 356/4 Official Journal of the European Communities 31. 12. 80 
Whereas owing to the effect of the noise emitted by 
hydraulic and rope-operated excavators and by 
dozers and loaders on the environment and, more 
particularly, on human well-being and health, it is 
necessary to bring about a progressive and 
appreciable reduction in the permissible sound 
emission level of hydraulic and rope-operated 
excavators and of dozers and loaders; 
Whereas it is appropriate to set a sound emission 
level applicable when this Directive comes into force 
and that five years later more stringent restrictions 
should come into force; 
Whereas the measures in this Directive relate only to 
noise emitted by hydraulic and rope-operated 
excavators and to dozers and loaders, and whereas 
any provisions relating to exposure of operators to 
sound pressure are not concerned by this 
Directive; 
Whereas technical provisions must be adapted 
rapidly to technical advances; whereas it is necessary 
to this end to provide for the application of the 
procedure set out in Article 21 of Directive .../.../ 
EEC, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive applies to the permissible sound 
power level of hydraulic and rope-operated 
excavators and of dozers and loaders, hereinafter 
called 'earth-moving machines', used to perform 
work on civil engineering and building sites. 
2. This is a special Directive within the meaning of 
Article 3 (2) of Directive .../.. ./EEC, hereinafter 
called the 'outline Directive'. 
Article 2 
For the purposes of this Directive: 
2.1. Hydraulic or rope-operated exca vators 
are machines combining a self-propelled 
undercarriage with an upper structure which 
can swivel through more than 360°. The 
machine excavates, lifts, carries and dumps 
material by moving either a boom, an arm and 
bucket (as is the case with a face shovel or a 
backhoe) or a bucket controlled by the 
winding-gear (as is the case with a drag-line or 
a clamshell), the undercarriage remaining 
stationary during the machine's working 
cycle. 
2.2 Dozers 
are self-propelled wheeled or crawler machines 
fitted in front with a blade which serves 
primarily to displace or spread materials. 2.3. Loaders 
are self-propelled wheeled or crawler machines 
fitted in front with a bucket. The machine loads, 
raises, transports and dumps material by 
combining its own movements and those of the 
bucket. 
Article 3 
1. The approved bodies shall issue an EEC type-
verification certificate for every type of earth moving 
machine for which: 
— the airborne noise, measured under the 
conditions set out in the Annex to Directive 
79/113/EEC as supplemented by Annex I to this 
Directive, does not exceed the permissible sound 
power level specified with reference to the net 
power and dates in the following table: 
Net installed power 
ISO 1585 
of 1. 10. 1974 
<150kW 
150< <250kW 
250 < <375 kW 
>375 Permissible sound 
power level 
in dB (A)/l pW as from 
the entry 
into force 
of the 
Directive 
107 
110 
112 
115 five years 
after the entry 
into force of 
the Directive 
104 
107 
110 
113 
— the sound pressure levels of airborne noise in 
dB(A) measured under the conditions of Annex 
II of Directive 79/113/EEC, as supplemented by 
this Directive, shall not exceed the permissible 
levels as indicated in the following table: 
Permissible sound pressure level in dB(A)/20upA at the 
operator's position 
on entry into force of 
the Directive 
89 five years after the entry into 
force of the Directive 
86 
2. All applications for an EEC type-verification 
certificate in respect of the permissible sound power 
level of earth moving machines shall be accompanied 
by an information document conforming to the 
model shown in Annex III. 
3. For each type of earth moving machine it 
certifies, the approved body shall complete all the 
sections of the EEC type-verification certificate 
conforming to the model given in Annex III to the 
outline Directive. 
4. The period of validity of EEC type-verification 
certificates shall be limited to five years. This may be 
extended by five years provided application is made 
during the 12 months preceding the expiry of the first 
five-year period. 
31. 12. 80 Official Journal of the European Communities No C 356/5 
5. By way of derogation from Article 19 (1) of the 
outline Directive, the advantages provided for in this 
Article shall, after a period of four years from the 
entry into force of the Directive, no longer be 
available for earth moving machines supplied with 
certificates of conformity drawn up on the basis of an 
EEC type-verification certificate for the figures in the 
first period; the period of validity must accordingly 
be shown on the certificates of conformity 
concerned. 
6. For every earth moving machine built in 
conformity with the type certified by EEC type-
verification, the manufacturer shall complete a 
certificate of conformity conforming to the model 
given in Annex IV to the outline Directive. 
7. Each earth moving machine built in accordance 
with the type certified by EEC type-verification shall 
bear a clear and permanent mark indicating the 
sounpower level in dB(A) referenced to 1 pW, 
guaranteed by the manufacturer and determined as 
laid down in Annex I to Directive 79/113/EEC, as 
supplemented by Annex I to this Directive, together 
with the symbol 8 (epsilon). The model for this mark 
is given in Annex IV to this Directive. 
Article 4 
Member States may take measures to regulate the use 
of earth-moving machines in areas which they 
consider sensitive. 
Article 5 
Checking of the conformity of production models 
with the type examined, as provided for in Article 12 of the outline Directive, shall be carried out using the 
technical procedure laid down in Annex V. 
Article 6 
The amendments necessary to adapt the 
requirements of the Annexes to technical progress 
shall be adopted in accordance with the procedure 
laid down in Article 4 of Directive 79/113/EEC. 
Article 7 
Member States shall take all necessary measures to 
ensure that earthmoving machines as defined in 
Article 2 cannot be placed on the market unless they 
satisfy the provisions of this Directive and of the 
outline Directive. 
Article 8 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary 
to comply with this Directive on 1 October 1982 and 
shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the text of the main provisions of 
national law which they adopt in the field governed 
by this Directive. 
Article 9 
This Directive is addressed to the Member States. 
ANNEX I 
Method of determining airborne noise emitted by hydraulic and rope-operated excavators, dozers and 
loaders 
SCOPE 
This method of measurement is applicable to hydraulic and rope-operated excavators, dozers and 
loaders, hereinafter called earth moving machines. It lays down the test procedures for determining 
the sound power level of such construction plant with a view to EEC type-approval, EEC 
verification and checking for conformity. 
These technical procedures comply with the requirements laid down in the Annex I to Directive 
79/113/EEC0, and the provisions of that Annex are applicable to earth-moving machines subject 
to the following additions: 
(') OJ NoL33, 8.2. 1979. 
No C 356/6 Official Journal of the European Communities 31. 12. 80 
4. Criteria to be used for expressing results 
4.1. Acoustic criterion for the environment 
The acoustic criterion for the environment of an earth moving machine shall be 
expressed by the sound power level LWA. 
6.2. Operation during measurements 
The noise emitted shall be measured with the earth moving machine stationary and its 
engine idling (free of load). 
For these measurements, the engine and hydraulic system of the earth moving machine 
must be warmed up in accordance with the manufacturer's instructions; safety 
requirements must be observed. 
Measurements of the noise emitted at the operator's position shall be carried out under 
the same conditions and in accordance with the requirement laid down in Annex II to 
Directive 79/113/EEC. 
6.2.1. Static testing of the sound source free of load 
The test shall be carried out with the earth moving machine and the engine running at its 
rated speed ('), without operating the working equipment or travelling mechanism. 
The rated speed shall be set by the manufacturer. The bucket of the excavator or the 
loader, respectively the blade of the dozer, shall be positioned at a height of 
300 mm ± 50 mm above the ground or at its maximum height if the former height 
cannot be attained. The plane formed by the edges of the bucket (excluding the teeth) or 
the blade must be more or less parallel to the ground (transport position). 
6.3. Measuring site 
The measuring site must be flat. This site, including the microphone positions, shall be of 
concrete or non-porous asphalt. 
6.4. Measuring surface, measuring distance, location and number of measuring points 
6.4.1. Measuring surface, measuring distance 
The measuring surface to be used for the test shall be a hemisphere. 
The radius of the hemisphere shall be determined by the basic length (1, see fig. 1). 
The radius shall be: 
— 4 m when the basic length of the earth moving machine to be tested is not greater 
than 1 -5 m; 
— 10 m when the basic length of the earth moving machine to be tested is greater than 
1 • 5 m but not greater than 4 m; 
— 16m when the basic length of the earth moving machine to be tested is greater than 
4 m. 
For the earth moving machine, the geometrical centre of the basic machine shall be 
positioned vertically above the centre of the hemisphere and the front of the machine 
shall face measuring point No 1. 
6.4.2. Location and number of measuring points 
6.4.2.1. General 
For measurements there shall be six measuring points, i.e. points 2,4,6,8,10 and 12 
arranged as defined in section 6.4.2.2. of the Annex I to Directive 79/113/EEC. 
The front of the earth moving machine shall face measuring point No 1. 
(') Corresponding to the net installed power determined in accordance with ISO 1585, first 
edition, 1 October 1974. 
31. 12. 80 Official Journal of the European Communities No C 356/7 
7.1.1. Extraneous noise 
The level of parasitic noise shall not be taken into consideration (7.1.1.(b)). 
7.1.5. Presence of obstacles 
A visual check in a circular zone having a radius three times that of the measuring 
hemisphere and the same centre is adequate to ensure that the provisions of section 6.3. 
paragraph 3 of Annex I to Directive 79/113/EEC have been complied with. 
8.5. Calculation of the sound power level L WA 
Correcting factor K2 shall be zero. 
ANNEX II 
Method of measuring airborne noise generated by hydraulic and rope-operated excavator's, dozers 
and loaders at the operator's position 
SCOPE 
This method of measurement applies to hydraulic and rope-operated excavators, dozers and 
loaders, hereinafter called earth moving machines. It lays down the test procedures for determining 
the equivalent continuous sound pressure level at the operator's position. 
These technical procedures comply with the requirements laid down in Annex II to the Directive 
79/113/EEC, and the provisions of that Annex apply to earth moving machines subject to the 
following additions: 
6. Operators 
An operator shall occupy the operator's position. 
6.2.1 Standing operator 
This point shall not be taken into consideration. 
7.1. General 
The microphone shall be located as specifieded in section 7.3. 
9.1. General 
The conditions for installing and operating the machine are those laid down in point 6.2. 
of Annex I. 
9.2. Operation of machines with adjustable features 
Adjustable features, excepted those mentioned in point 9.2.2., shall not be taken into 
consideration. 
10.2.2. Using the A-weighted sound pressure levels LpA 
If a sound level meter is used, A t shall be five seconds. 
No C 356/8 Official Journal of the European Communities 31. 12. 80 
ANNEX III 
Model information document for a type of earth moving machine 
1. General 
1.1. Name and address of manufacturer or authorized representative 
1.2. Make (name of undertaking) 
1.3. Commercial description 
1.4. Type 
2. Dimensions of the earth moving machine 
2.1. Length — 1 (see figure 1) 
2.2. Mass operational ... kg 
2.3. Unit lay-out of the earth moving machine 
3. Operating conditions 
3.1. Operation of the drive motor 
3.1.1. Make and type 
3.1.2. Energy used: petrol, diesel, electric (>) 
3.2. Installed net power ... kg (2) 
3.3. Nominal engine speed ... rev/min. 
(') Delete where not applicable. 
{-) ISO 1585, First edition, 1. 10. 1974 
31. 12. 80 Official Journal of the European Communities No C 356/9 
ANNEXE IV 
Model of plate stating the sound power level 
& 78 
"50" «•-* 
No C 356/10 Official Journal of the European Communities 31. 12. 80 
ANNEX V 
Technical procedure for checking the conformity of production models with the type examined 
The conformity of production models with the type examined shall, if possible, be verified by spot 
checks. 
Basic length of earth moving machine 
Figure I