WHEREAS COUNCIL DIRECTIVE 79/113/EEC OF 19 DECEMBER 1978 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE MEASUREMENT OF THE SOUND LEVEL OF CONSTRUCTION PLANT AND EQUIPMENT ( 6 ) , AS AMENDED BY COUNCIL DIRECTIVE 81/1051/EEC ( 7 ) LAID DOWN THE METHOD WHICH SHOULD BE USED FOR ESTABLISHING THE ACOUSTIC CRITERIA FOR POWERED HAND-HELD CONCRETE-BREAKERS AND PICKS ;
WHEREAS OWING TO THE EFFECT OF THE NOISE EMITTED BY POWERED HAND-HELD CONCRETE-BREAKERS AND PICKS 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 POWER LEVEL OF POWERED HAND-HELD CONCRETE-BREAKERS AND PICKS ;
WHEREAS IT IS IMPORTANT TO BE ABLE TO REGULATE THE USE OF POWERED HAND-HELD CONCRETE-BREAKERS AND PICKS IN CERTAIN AREAS CONSIDERED TO BE PARTICULARLY SENSITIVE , SO AS TO LIMIT THE NUISANCE CAUSED BY THE AIRBORNE NOISE EMITTED BY SUCH POWERED HAND-HELD CONCRETE-BREAKERS AND PICKS ;
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 5 OF DIRECTIVE 79/113/EEC ,
HAS ADOPTED THIS DIRECTIVE :
ARTICLE 1
1 . THIS DIRECTIVE APPLIES TO THE PERMISSIBLE SOUND POWER LEVEL FOR POWERED HAND-HELD CONCRETE-BREAKERS AND PICKS USED TO PERFORM WORK ON CIVIL ENGINEERING AND BUILDING SITES , ( HEREINAFTER REFERRED TO AS " APPLIANCES " ) .
2 . IT IS A SEPARATE DIRECTIVE WITHIN THE MEANING OF ARTICLE 3 ( 2 ) OF DIRECTIVE 84/532/EEC , HEREINAFTER REFERRED TO AS THE " FRAMEWORK DIRECTIVE " .
ARTICLE 2
1 . THE APPROVED BODIES SHALL ISSUE AN EEC TYPE-EXAMINATION CERTIFICATE FOR EACH TYPE OF APPLIANCE THE SOUND POWER LEVEL OF WHICH , MEASURED IN THE MANNER LAID DOWN IN ANNEX I TO DIRECTIVE 79/113/EEC , AS AMENDED BY ANNEX I TO THIS DIRECTIVE , DOES NOT EXCEED THE PERMISSIBLE SOUND POWER LEVEL GIVEN IN THE FOLLOWING TABLE :
* PERMISSIBLE SOUND POWER LEVEL IN DB ( A ) /1 PW AS FROM
* MASS OF APPLIANCE ( M ) * 18 MONTHS AFTER NOTIFICATION OF THE DIRECTIVE * 5 YEARS AFTER NOTIFICATION OF THE DIRECTIVE
M 20 KG * 110 * 108
20 KG + M + 35 KG * 113 * 111
M 35 KG * 116 * 114
AND APPLIANCES WITH AN INTERNAL-COMBUSTION ENGINE INCORPORATED
2 . ALL APPLICATIONS FOR AN EEC TYPE-EXAMINATION CERTIFICATE IN RESPECT OF THE PERMISSIBLE SOUND POWER LEVEL OF AN APPLIANCE SHALL BE ACCOMPANIED BY AN INFORMATION DOCUMENT CONFORMING TO THE MODEL SHOWN IN ANNEX II .
3 . FOR EACH TYPE OF APPLIANCE WHICH IT CERTIFIES , THE APPROVED BODY SHALL COMPLETE ALL THE SECTIONS OF THE EEC TYPE-EXAMINATION CERTIFICATE CONFORMING TO THE MODEL GIVEN IN ANNEX III TO THE FRAMEWORK DIRECTIVE .
4 . THE PERIOD OF VALIDITY OF TYPE-EXAMINATION CERTIFICATES SHALL BE LIMITED TO FIVE YEARS . THIS MAY BE EXTENDED BY FIVE YEARS PROVIDED