Directive 2005/88/EC of the European Parliament and of the Council of  14 December 2005  amending Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors   (Text with EEA relevance)
Date: 2005-12-14
Institutions: Council of the European Union, European Parliament
Subjects: construction equipment, electric machinery, environmental standard, health care, hoisting equipment, noise pollution, noise protection, technical regulations

L 344/44

EN

Official Journal of the European Union

27.12.2005

DIRECTIVE 2005/88/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 December 2005

amending Directive 2000/14/EC on the approximation of the laws of the Member States relating to the
noise emission in the environment by equipment for use outdoors

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

thereof and highlighted the need to review that Directive
with a view to its possible amendment, in particular with
respect to the stage II limits referred to therein. It is there-
fore necessary to extend by two years the deadline for sub-
mission of the report to the European Parliament and to
the Council on the Commission’s experience in imple-
menting and administering Directive 2000/14/EC as
referred to in Article 20(1) of that Directive.

Having regard to the opinion of the European Economic and
Social Committee (1),

(5)

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

Directive 2000/14/EC of the European Parliament and of
the Council (3) has been the subject of a review by the
Working Group on Outdoor Equipment, set up by the
Commission.

(6)

(1)

(2)

(3)

(4)

In its report dated 8 July 2004, this Working Group con-
cluded that a number of the stage II limits due to be man-
datorily applied as from 3 January 2006 were not
technically feasible. However, the intention was never to
restrict the placing on the market or putting into service of
equipment solely based on technical feasibility.

It is therefore necessary to provide that certain types of
equipment listed in Article 12 of Directive 2000/14/EC,
which would not be able to meet the stage II limits by
3 January 2006 solely for technical reasons, can still be
placed on the market and/or put into service as from that
date.

The experience of the first five years of application of
Directive 2000/14/EC has demonstrated that more time is
needed to fulfil the provisions under Articles 16 and 20

Article 20(3) of Directive 2000/14/EC provides for the
submission, by the Commission, of a report to the Euro-
pean Parliament and to the Council on whether, and to
what extent, technical progress allows a reduction of limit
values for lawnmowers and lawn trimmers/lawn-edge
trimmers. In view of the fact that the obligations contained
in Article 20(1) of that Directive are more prescriptive than
those in Article 20(3), and in order to avoid duplication of
effort, it is appropriate to include these types of equipment
in the general report provided for in Article 20(1) of that
Directive. Consequently, the separate reporting obligation
in Article 20(3) of that Directive should be deleted.

Since the objective of this Directive, namely, to ensure the
ongoing functioning of the internal market by requiring
equipment used outdoors to comply with harmonised
environmental noise provisions, cannot be sufficiently
achieved by Member States and can therefore, by reason of
the scale and effects of the proposed action, be better
achieved at Community level, the Community may adopt
measures, in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article, this
Directive does not go beyond what is necessary in order to
achieve this objective, in that its scope is confined to those
types of equipment for which compliance with the stage II
limits is presently impossible for technical reasons.

(7)

In accordance with point 34 of the Interinstitutional agree-
ment on better law making (4), Member States are encour-
aged to draw up, for themselves and in the interest of the
Community, their own tables illustrating, as far as possible,
the correlation between this Directive and the transposi-
tion measures, and to make them public.

(1) Opinion delivered on 27 October 2005 (not yet published in the Offi-

cial Journal).

(2) Opinion of the European Parliament of 26 October 2005 (not yet pub-
lished in the Official Journal) and Council Decision of 8 December
2005.

(8)

Directive 2000/14/EC should therefore be amended
accordingly,

(3) OJ L 162, 3.7.2000, p. 1.

(4) OJ C 321, 31.12.2003, p. 1.

27.12.2005

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Official Journal of the European Union

L 344/45

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2000/14/EC is hereby amended as follows:

1. The table in Article 12 shall be replaced by the following:

‘Type of equipment

Net installed power P (in kW)
Electric power Pel (1) in kW
Mass of appliance m in kg
Cutting width L in cm

Compaction machines (vibrating rollers,
vibratory plates, vibratory rammers)

P ≤ 8

8 < P ≤ 70

Tracked dozers, tracked loaders, tracked
excavator-loaders

loaders,
dozers, wheeled
Wheeled
dumpers,
excavator-loaders,
wheeled
graders, loader-type landfill compactors,
combustion-engine driven counterbal-
anced lift trucks, mobile cranes, compac-
tion machines
(non-vibrating rollers),
paver-finishers, hydraulic power packs

P > 70

P ≤ 55

P > 55

P ≤ 55

P > 55

Permissible sound power level in dB/1 pW

Stage I as from
3 January 2002

Stage II as from
3 January 2006

108

109

105 (2)

106 (2)

89 + 11 lg P

86 + 11 lg P (2)

106

103 (2)

87 + 11 lg P

84 + 11 lg P (2)

104

101 (2) (3)

85 + 11 lg P

82 + 11 lg P (2) (3)

Excavators, builders’ hoists for the trans-
port of goods, construction winches,
motor hoes

P ≤ 15

P > 15

96

93

83 + 11 lg P

80 + 11 lg P

Hand-held concrete-breakers and picks

m ≤ 15

107

105

15 < m < 30

m ≥ 30

Pel ≤ 2
2 < Pel ≤ 10
10 > Pel
P ≤ 15

P > 15

Tower cranes

Welding and power generators

Compressors

Lawnmowers,
trimmers

lawn trimmers/lawn-edge

L ≤50

50 < L ≤ 70

70 < L ≤ 120

L > 120

94 + 11 lg m

92 + 11 lg m (2)

96 + 11 lg m

94 + 11 lg m

98 + lg P

97 + lg Pel
98 + lg Pel
97 + lg Pel
99

96 + lg P

95 + lg Pel
96 + lg Pel
95 + lg Pel
97

97 + 2 lg P

95 + 2 lg P

96

100

100

105

94 (2)

98

98 (2)

103 (2)

(1) Pel for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty

factor given by the manufacturer.
Pel for power generators: prime power according to ISO 8528-1:1993, clause 13.3.2

(2) The figures for stage II are merely indicative for the following types of equipment:

— walk-behind vibrating rollers;
— vibratory plates (> 3kW);
— vibratory rammers;
— dozers (steel tracked);
— loaders (steel tracked > 55 kW);
— combustion-engine driven counterbalanced lift trucks;
— compacting screed paver-finishers;
— hand-held internal combustion-engine concrete-breakers and picks (15<m<30)
— lawnmowers, lawn trimmers/lawn-edge trimmers.
Definitive figures will depend on amendment of the Directive following the report required in Article 20(1). In the absence of any
such amendment, the figures for stage I will continue to apply for stage II.

(3) For single-engine mobile cranes, the figures for stage I shall continue to apply until 3 January 2008. After that date, stage II figures

shall apply.

The permissible sound power level shall be rounded up or down to the nearest integer number (less than 0,5, use lower
number; greater than or equal to 0,5, use higher number)’

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Official Journal of the European Union

27.12.2005

2. Article 20 shall be amended as follows:

(a)

In the first sentence of paragraph 1, the words ‘Not later
than 3 January 2005’ shall be replaced by ‘Not later than
3 January 2007’;

(b) Paragraph 3 shall be deleted.

Article 2

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Union.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2005 at the latest. They shall forthwith
inform the Commission thereof.

Article 4

This Directive is addressed to the Member States.

They shall apply those measures from 3 January 2006.

Done at Strasbourg, 14 December 2005.

When Member States adopt those measures, they shall contain a
reference to this Directive or be accompanied by such a reference
on the occasion of their official publication. The methods of mak-
ing such reference shall be laid down by Member States.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
C. CLARKE