COMMISSION OF THE EUROPEAN COMVIUNITIES 
COM(93) 154 final - SYN 458 
Brussels, 12 May 1993 
Proposal for a 
COUNCIL DIRECTIVE 
to a»end Council Directive 86/662/EEC 
on the limitation of noise 
e»itted by earthnoving Machinery 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
1. facjcflround and objective of the proposal 
Council Directive 86/662/EEC concerns the harmonisation of noise levels 
for certain types of earthmoving machines (excavators, dozers, loaders 
and excavador-loaders). The legal basis for the directive is article 100 
which pertains to the establishment or functioning of the common market. 
In order to achieve such a harmonisation of requirements in the different 
Member States the directive lays down permissible noise emission levels 
for these types of machine. The noise levels are measured by a defined 
test method set out in annex I of the directive (stationary operation 
test method). In order to ensure that the noise requirements are 
respected, each type of earthmoving machine shall be certified by an 
approved body. Council Directive requires that Member States ensure that 
earthmoving machines shall not be placed on the market unless they 
satisfy the provisions of the Directive. 
According to the Directive the permissible sound power level will be 
valid until December 1994 and the certificates granted under its 
provisions will cease to be valid one year later. 
Under the terms of Art. 3(1)(b) and Art. 7 of 86/662/EEC the Commission 
has to submit to the Council a proposal aimed at determining, under the 
conditions of a new test method "the real dynamic operation method", new 
values of "permissible sound levels... and also the conditions for 
possible extension of EEC type-examinations certificates and their period 
of validity..". The measurement method of "real dynamic operation" was 
defined in the Commission Directive 89/514/EEC. 
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Taking into account the subject of, and reasons for the existing 
Directive (Article 100 of the Treaty) the amendment is , therefore, 
indispensable to the establishment of the internal market. There is a 
need for an urgent revision of the Directive 86/662/EEC in order to avoid 
a situation, in which no Community legislation in this field is 
applicable. Representatives of the Member States and the industry, as 
represented by the Committee of the European Construction Equipment 
(CECE), have expressed their concern that the free trade of earthmoving 
machines within the Community will be affected, if the revision of 
Council Directive 86/662 is not adopted in good time. 
The proposal for revised noise levels has been discussed with 
representatives of Member States in the framework of the expert group on 
noise and vibration from construction plant and equipment at meetings on 
9 March, 24 July and 29 October 1992. 
The reduction of noise limits from this category of machinery is 
justified by the need to reduce the noise nuisance from the construction 
industry which is recognised across the Community as being one of the 
major sources of such nuisance. 
2. Peseription of the main amendments of the proposal. 
Article 1.1 of the proposal estabIishes a 2-stage approach for the 
reduction of the permissible sound power levels. The first stage 
establishes new limit values approximately 4 dB more stringent than those 
currently applied. These limit values will be valid from 30 December 
1995. The aim of stage 2 is to fix the limit values for the year 2000 and 
beyond, on the basis of a 3 dB reduction with regard to stage 1. 
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3. The revised noise limit values. 
The comparison of the revised limit values with those under the current 
directive is only approximate, since the new values are to be measured by 
a new test method (the "real dynamic operation" method) mentioned above. 
However, as a result of comparisons that have been made, it is widely 
accepted that the difference between the old and the new test method is 
not greater than 2 dB on average. For the following, it is assumed that 
the difference amounts to 2 dB, i.e. 2 dB have to be added to a test 
result measured according to the static procedure for transformation into 
a quasi dynamic result, which can be compared with the revised noise 
level Iimits. 
For steel tracked earthmoving machines the revised limit values of 
paragraph 3(1)(b) [stage 1] are approximately 1 dB more stringent on 
average than the previous ones. This small amount of progress may be 
considered as Justified from the technical as well as the environmental 
point of view. Firstly, significant noise is generated by the action of 
the caterpillar track on the ground and, although this noise source is 
not measured in the present test method, it will be measured when the 
revised test method comes into force. Secondly, only a few tracked dozers 
are used on construction sites in urban areas. This argument does not 
apply to tracked excavators because the revised test procedure for 
excavators is different to that for dozers in that the tracks do not move 
during the test. 
An analysis of a large number of EEC type examination certificates from 
recent years on existing machines provided by the Ministère de 
l'Environnement et de la Prévention des Risques Technologiques et 
Naturels Majeurs in France, shows the following figures : 
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Percentages of earthmoving 
type of numbers of machines already complying 
earthmoving machine certificates with the proposed limit 
evaluated values of December 1995 
(Stage 1) 
LOADERS 446 27 % 
EXCAVATORS-LOADERS 130 11 % 
EXCAVATORS 606 31 % 
These figures indicate that the proposed new limit values in stage 1 are 
technically feasible and reasonable in the context of the progress which 
has been made since the current directive was adopted. 
The proposed amendment provides an incentive to encourage further 
technical progress in this area and the basis on which Member States may 
use tax incentives to accelerate the introduction of low noise machines. 
The Commission will, within the framework of its expert group on noise 
and vibration from construction plant and equipment, keep under review 
the state of the art and the technical progress in noise abatement of 
earthmoving machines and will if necessary submit proposals prior to 
1 January 1998 amending the limit values and/or date of application of 
the second stage. 
Due to delays in the preparation of this draft amendment it is proposed, 
with the agreement of the expert group on noise and vibration from 
construction plant and equipment, that the validity of the current 
directive and the certificates granted under it should be extended for 
one year in order to ensure that the industry has sufficient notice of 
the proposed new levels. 
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Proposal for a 
CrOlfMrtll DIRECTIVE 
to amend Council Directive 86/662/EEC 
on the limitation of noise 
emitted by earthmoving machinery 
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing the European Economic Community, and 
in particular Article 100A thereof, 
Having regard to the proposal of the Commission, 
In cooperation with the European Par Iiament^1), 
Having regard to the opinion of the Economic and Social Committee^2), 
Whereas in view of the establishment and the functioning of the internal 
market requirements for noise emissions of hydraulic excavators, rope-operated 
excavators, dozers, loaders and excavator-loaders, hereinafter referred to as 
"earthmoving machines" have to be harmonised, while a high level of 
protection for the environment has to be achieved; 
Whereas Council Directive 86/662/EEC^3) provides for the EEC type-examination 
of earthmoving machines, used to perform work on civil engineering and 
building sites, and whereas this same Directive also lays down limits for 
noise levels and a test method ; 
Whereas Directive 86/662/EEC does not provide for permissible sound levels 
applicable in the period beginning 6 years after its entry into force, but 
envisages that after 1994 revised permissible sound levels shall be so 
determined that their effect on the environment is reduced by approximately 
3 dB according to the category of power and type of machine ; 
Whereas the extension of the validity of Art. 3.1(a) of the Council Directive 
86/662/EEC up to the 29 December 95 and the certificates granted according to 
it up to the 29 December 1996 ensures that the industry has sufficient time to 
prepare itself to the new permissible sound power levels-, 
(1) 
(2) 
(3) OJ N- L384 of 31.12.1986 
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Whereas the reduction of the permissible noise levels, to be achieved at 
stage 1, by approximately 4 dB measured according to the stationary operation 
method corresponds in average to a reduction by 2 dB measured under the 
conditions of real dynamic operation and is aimed at achieving a high level of 
protection as far as health and environmental protection are concerned ; 
Whereas, as technology is evolving and in order to give the appropriate 
signals to the industries concerned, further reductions of the admissible 
noise levels have to be laid down for a second stage, subject, however, to 
reconsideration where necessary taking into account the progress made ; 
Whereas the revised test method to be applied after 1995 has been established 
according to Directive 86/662/EEC by Commission Directive 89/514/EEC^4^ ; 
Whereas this directive does not apply to noise exposure at the operator's 
position, as this is covered by other Directives ; 
Whereas, owing to the significant effect of the noise emitted by construction 
plant and equipment on the environment and, more importantly, on human 
wellbeing and health it is necessary to continue the progressive, appreciable 
reduction in the permissible sound power level of construction plant and 
equipment, taking into account environmental factors, technical feasibility 
and economic consequences, consistent with the objective of achieving a high 
level of protection as far as health and environmental protection are 
concerned (Art. 100 A of the Treaty) ; 
Whereas, with a view to accelerating possible noise reductions for the benefit 
of human wellbeing and the environment, Member States should, where they Judge 
it appropriate, have the option to accelerate the achievement of lower noise 
levels by the use of economic instruments in accordance with the provisions of 
the Treaty ; 
Whereas for the reasons given it is necessary to fix new permissible sound 
levels and the measurement method, indispensable for ensuring the functioning 
of the internal market without obstacles to the free movement of earthmovings 
machine ; 
(4) 0J N* L235 of 30.08.1989, p.35 
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HAS ADOPTED THIS DIRECTIVE : 
ARTICLE 1 
Directive 86/662/EEC is amended as follows : 
1. Articles 3(1)(a) and 3(1)(b) shall be replaced by the following : 
"3(1)(a) up to and including the 29 December 1995, where the sound power 
level of airborne noise emitted in the environment measured under 
the conditions of stationary operation set out in Annex 1 to 
Directive 79/113/EEC, as amended by Directive 81/1051/EEC*and 
supplemented by Annex I to this Directive, does not exceed the 
permissible level L^ in dB(A)/1 pW specified with reference to 
the net installed power P in kW in the following table : 
net installed power Permissible sound 
power level 
P in kW<1) LWA in dB(A)/1 pW 
P < 70 106 
70 < P < 160 108 
160 < P < 350 
a) hydraulic and 112 
rope-operated excavators 
b) other earthmoving machines 113 
P > 350 118 
(1) as defined in Section 6.2.1. of Annex 1 (the value of installed 
power shall be rounded to the nearest tenth of a kW). 
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3(1)(b) on and after the 30 December 1995 and up to and including 
29 December 1999, where the sound power level of airborne noise 
emitted in the environment measured under the conditions of real 
dynamic operation set out in Annex I of Directive 79/113/EEC, as 
amended by Directive 81/1051/EEC and supplemented by Annexe II to 
this directive does not exceed the permissible sound power level 
LWA in dB(A)/1 pW specified with reference to the net installed 
power P in kW^) as follows : 
(i) tracked machines, (except excavators) 
(ii) wheeled dozers, loaders, excavator-loaders 
(i i i) excavators LWA - 87 + 11 log P 
LWA -84+11 log P 
LWA -83+11 log P 
These formulae are only valid between the lowest and highest sound 
power levels for the three types of machine shown in the table 
below. This lowest and highest sound power level corresponds to a 
lowest and highest value of net installed power. For net installed 
powers below or above these values, the permissible sound power 
levels are given by the lowest or highest level respectively shown 
in the table (see fig. 3). 
Type of Machine lowest level highest level 
In'dB(A) / 1 pW in dB(A) / 1 pW 
tracked machines 107 118 
(except excavators) 
wheeled dozers, loaders, 104 115 
excavator-loaders 
excavators 96 118 
the measured sound power level and the permissible sound power 
level shall be rounded to the nearest whole number (less than 
0.5 use lower number ; greater or equal 0.5 use higher number) 
(1) as defined in Section 6.2.1. of Annex 1 (the value of installed 
power shall be rounded to the nearest tenth of a kW). 
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3(1)(c) on and after the 30 December 1999, where the sound power level of 
airborne noise emitted in the environment measured under the 
conditions of real dynamic operation set out in Annex I of Directive 
79/113/EEC, as amended by Directive 81/1051/EEC and supplemented by 
Annex II to this directive does not exceed the permissible sound 
power level LWA in dB(A)/1 pW specified with reference to the net 
installed power P in kWd) as follows : 
(i) tracked machines, (except excavators) 
(ii) wheeled dozers, loaders, excavator-loaders 
(Mi) excavators LWA -84+11 log P 
LWA - 81 + 11 log P 
LWA -80+11 log P 
These formulae are only valid between the lowest and highest sound 
power levels for the three types of machine shown in the table 
below. This lowest and highest sound power level corresponds to a 
lowest and highest value of net installed power. For net installed 
powers below or above these values, the permissible sound power 
levels are given by the lowest or highest level respectively shown 
in the table (see fig. 3). 
Type of Machine lowest level highest level 
in dB(A) / 1 pW in dB(A) / 1 pW 
tracked machines 104 115 
(except excavators) 
wheeled dozers, loaders, 101 112 
excavator-loaders 
excavators 93 118 
the measured sound power level and the permissible sound power 
level shall be rounded to the nearest whole number (less than 
0.5 use lower number ; greater or equal 0.5 use higher number) 
(1) as defined in Section 6.2.1. of Annex 1 (the value of installed 
power shall be rounded to the nearest tenth of a kW). 
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2. Article 3(4) shall be replaced by : 
"The period of validity of EEC type-examination certificates granted in 
accordance with the provisions of paragraph 3(1)(a) shall terminate on 
the 29 December 1996. 
The period of validity of EEC type-examination cert ificates granted in 
accordance with the provisions of paragraph 3(1)(b) and 3(1)(c) shall be 
Iimited to five years. However, the certificate granted in accordance 
with the provisions of paragraph 3(1)(b) shall cease to be valid after 
the 29 December 2000. The period of validity of certificates for 
earthmoving machines which comply with the permissible sound power levels 
entering into force on and after the 30 December 1999, may be extended by 
five years, provided that application is made in the 12 months before 
expiry of the first period of validity." 
3. Article 4 shall be deleted. 
4. The sentence of Article S shall be amended by the following addition 
"including the possibility of restricting the working hours of 
earthmoving machines". 
Article 7 shall be replaced by the following : 
" Article 7 
Economic instruments may be adopted by Member States, in accordance with 
the provisions of the Treaty, to promote the objectives of this 
Directive. " 
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6.a Article 8 shall be replaced by the following 
"Modifications necessary to adopt the requirements of the Annexes to this 
Directive to technical progress shall be adopted in accordance with the 
procedure laid down in article 8a." 
6.b A new article 8a shall be inserted 
"The Commission is assisted by the Committee set up by the Directive 
79/113/EEC from 19.12.79 as amended by Directive 81/1051/EEC from 
07.12.81. 
The representative of the Commission shall submit to the committee a 
draft of the measures to be taken. The committee shall deliver its 
opinion on the draft, within a time limit which the chairman may lay down 
according to the urgency of the matter. 
The opinion shall be recorded in the minutes; in addition, each Member 
State shall have the right to ask to have its position recorded in the 
minutes. 
The Commission shall take the utmost account of the opinion delivered by 
the committee. It shall inform the committee of the manner in which its 
opinion has been taken into account." 
7. Article 9 shall be changed as follows : 
"Not later than 1st January 1998 the Commission may submit a proposal to 
the Council for revision of the limit values and date, provided by 
article 3(1)(c). 
Such a proposal should be based on a report on the progress made with the 
technologies, which were taken into consideration when laying down the 
limit values and date." 
ARTICLE 2 
Member States shall bring into force the laws, regulations and 
administrâtive provisions necessary to comply with this Directive no 
later than 29 December 1994. 
When Member States adopt these measures, they shall contain a referenee 
to this Directive or shall be accompanied by such reference on the 
occasion of their official publication. The methods of making such a 
reference shaI I be laid down by Member States. 
2. Member States shall communicate to the Commission the texts of the 
provisions of national law which they adopt in the field governed by this 
Direct ive. 
ARTICLE 3 
This Directive is addressed to the Member States 
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Permissible sound power level in dB(A) 
t 
highest level 
lowest level 
log P (P net installed power) 
H 
Fig 3 : Diagrammatic sketch of the curve for the permissible sound power 
level as a function of the net installed power. 
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IMPACT ASSESSMENT FORM 
THE IMPACT OF THE PROPOSAL ON BUSINESS 
with special reference to small and medium sized enterprises (SMEs) 
Title of proposal : 
Proposal for a Council Directive to amend Council Directive 86/662/EEC on the 
limitation of noise emitted by earthmoving machinery. 
Reference number (Répertoire) : 
The proposal : 
1. Taking account of the principle of subsidiarity, why is Community 
legislation necessary in this area and what are its main aims ? 
The main aim of the proposal is to harmonize the regulations and 
standards concerning the noise emission of earthmoving machines in order 
to avoid barriers to trade (Art. 100 A of the Treaty). In particular, 
the Council Directive 86/662 lays down, that "at the earliest 
opportunity and at the latest 18 months after the entry into force of 
the Directive, the Commission will submit to the Council a proposal 
aimed at" reducing the permissible sound levels of earthmoving machines, 
measured accordingly to the real dynamic method. A number of Member 
State governments have requested the Commission through the expert 
group on noise and vibration to bring forward the amendments as a matter 
of urgency. 
Who will be affected by the proposal ? 
- which sectors of business ? 
direct : manufacturers of earthmoving machines 
some limited impacts on the building and construction industries 
in so far that there may be some increase in the cost of machinery 
- which sizes of business (what is the concentration of small and medium 
sized firms) ? 
business of all sizes are involved in this industrial sector and 
there is no monopoly by a few large companies 
- are there particular geographical areas of the Community where these 
businesses are found ? 
no - companies in this sector are present in almost all Member 
States. 
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3. What will business have to do to comply with the proposal ? 
To reduce the noise emission of earthmoving machines by well 
established acoustical methods which are available and 
technologically feasible. As the table of explanatory memorandum 
shows, the new levels being set have already been achieved by a 
significant number of manufacturers. Approaches to reducing noise 
levels may either be at the level of a fundamental redesign of 
equipment or at the level of housing the engine and including 
redesign of the air-intake and exhaust silencers and the cooling 
fan. The latter, called secondary measures in noise abatement, 
either have no effect or only slightly raise the cost of 
production. This is verified by the fact that a few manufacturers 
which have already developed low noise earthmoving machines on the 
basis of secondary measures do not sell normal and perhaps higher 
price, low-noise machines, but just low-noise machines. Secondary 
measures are generally sufficient in order that the existing 
machines comply with stage 1 of the proposal. 
4. What economic effects is the proposal likely to have ? 
- on employment ? 
It is difficult to make an accurate prediction on impacts on 
employment. In essence the proposal is neutral but may be 
positive via the encouragement of research into new acoustic 
approaches. 
- on investment and the creation of new businesses ? 
The effect on earthmoving machinery manufacturers in terms of 
investment or in new creation of businesses is unlikely to be 
great, although the technology in acoustics will be promoted. 
- on the competitiveness of business ? 
The proposal sets down harmonized requirements for all 
manufacturers and importers of earthmoving machines which - all 
other things being equal - should mean that the effects on 
competitiveness are neutral. A common legal position within the 
EEC is cost-saving for the market of European manufacturers. 
The impact of this legislation on the international 
competitiveness of Community firms is a complex issue and it is 
difficult to generalize. While it is true that higher 
manufacturing costs risk placing Community producers at a 
disadvantage in markets where noise concerns are not at present 
regarded as important, this has to be balanced by the following 
factors : 
a) where secondary insulation techniques are used, manufacturers can 
and do market "non" Community models without inclusion of an add­
on "hush" kit. 
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b) where engineering design solutions are sought this can lead to an 
international competitive advantage. In this context it should 
not be forgotten that international awareness of environmental 
issues is growing and it would be wrong to assume that other 
makers will never be influenced by noise legislation of the type 
proposed for the Community. 
5. Does the proposal contain measures to take account of the specific 
situation of small and medium sized firms (reduced or different 
requirements etc.) ? 
No - In a proposal establishing criteria for products in the 
context of the single market it is not appropriate to grant any 
exemption for small and medium sized firms . 
Consultât ion 
6. List of the organizations which have been consulted about the proposal 
and outline of their main views. 
CECE (Committee for European Construction Equipment) : The CECE-
representatives were invited and attended all meetings of the 
representatives of the Member States (expert group on noise and 
vibration from construction plant and equipment). 
The attitude of the representatives of the industry may described as 
ambivalent. On the one hand it is appreciated that such directives are 
necessary to guarantee free circulation of goods within the Member 
States, on the other hand there are vague fears whether all 
manufacturers will be able to meet the requirements. They submitted a 
revised proposal which was not, however, acceptable, since it 
essentially represented the current position. The rejection of this 
proposal was in agreement with the expert group of the Member States. 

46-
ISSN 0254-1475 
COM(93) 154 final 
DOCUMENTS 
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Catalogue number : CB-CO-93-178-EN-C 
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