Proposal for a COUNCIL DIRECTIVE to amend Council Directive 86/662/EEC on the limitation of noise emitted by earthmoving machinery
Date: 1993-05-12
Institutions: European Commission
Subjects: European standard, construction equipment, environmental protection, noise, noise level, noise protection

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) 

-4  -

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. 

_ 2 -

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. 

3.  The revised noise  limit values. 

- 3 

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 : 

- 4 -

type of 
earthmoving machine 

numbers of 
certificates 
evaluated 

Percentages of earthmoving 
machines already complying 
with the proposed  limit 
values of December 1995 
(Stage 1) 

LOADERS 

EXCAVATORS-LOADERS 

EXCAVATORS 

446 

130 

606 

27 % 

11 % 

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. 

_  5  -
Proposal 

f or  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 

-  6  -

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 

HAS ADOPTED THIS DIRECTIVE : 

- 7 -

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 

P  in kW<1) 

Permissible sound 
power  level 
LWA  in dB(A)/1 pW 

P < 70 

70 < P < 160 

160 < P < 350 

a) hydraulic and 

rope-operated excavators 

b) other earthmoving machines 

P > 350 

106 

108 

112 

113 

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). 

-  8 -

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 k W ^)  as follows : 

(i) 

tracked  machines,  (except  excavators) 

LWA  - 87 + 11  log P 

(ii)  wheeled  dozers,  loaders, excavator-loaders 

(i i i) excavators 

LWA  - 8 4 + 11  log P 
LWA  - 8 3 + 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 
In'dB(A) /  1 pW 

highest  level 
in dB(A) / 1 pW 

tracked machines 
(except  excavators) 

wheeled  dozers,  loaders, 
excavator-loaders 

excavators 

107 

104 

96 

118 

115 

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). 

- 9 -

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 k W d) as follows : 

(i)  tracked machines, (except excavators) 

LWA  - 8 4 + 11  log P 

(ii)  wheeled dozers, loaders, excavator-loaders 

( M i) excavators 

LWA  - 81 + 11  log P 
LWA - 8 0 + 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 
in dB(A) / 1 pW 

highest  level 
in dB(A) / 1 pW 

tracked machines 
(except excavators) 

wheeled dozers, loaders, 
excavator-loaders 

excavators 

104 

101 

93 

115 

112 

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). 

2. 

Article  3(4)  shall  be  replaced  by  : 

- 10 -

"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. " 

-  11 -

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 

-  12  -

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. 

-  13  -

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) : 

1. 

Taking  account  of the principle of subsidiarity, why is Community 
legislation  necessary  in this  area and what  are its main  aims ? 

The  proposal  : 

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. 

14  -

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. 

-  15 -

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. 

4 6-

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COM(93) 154 final 

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