CELEX: 51980PC0468
Language: en
Date: 1980-11-21
Title: Proposal for a Council Directive on the limitation of noise emitted by hydraulic and rope-operated excavators and by dozers and loaders

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                                   hydraulic and rope-operated excavators and of
COMMUNITIES,                                                  dozers and loaders directly affects the functioning of
                                                              the common market; whereas it is therefore
Having regard to the Treaty establishing the                  appropriate to carry out in this field the
European Economic Community, and in particular                approximation of laws for which Article 100 of the
Article 100 thereof,                                          Treaty provides;
Having regard       to   the   proposal    from    the        Whereas, in the Member States, provisions aimed at
Commission,                                                   limiting noise at the operator's position and methods
Having regard to the opinion of the European                  of measuring the noise differ from one Member State
Parliament,                                                   to another and when applied to construction plant
                                                              and equipment, constitute barriers to trade in such
Having regard to the opinion of the Economic and              equipment; whereas those provisions must therefore
Social Committee,                                             be approximated;
Whereas the 1973 (') and 1977 (2) action programmes           Whereas Council Directive . . . / . . ./EEC on the
of the European Communities on the environment                approximation of the laws of the Member States
reflect the importance of the problem of noise                relating to common provisions for construction plant
nuisance and in particular the need for action to             and equipment laid down inter alia the procedures
regulate the worst noise sources;                             for EEC type-approval and EEC verification;
                                                              whereas it is necessary, pursuant to that Directive, to
Whereas during the Council meeting of 18 and 19               prescribe the harmonized requirements which each
December 1978 the Ministers for the Environment               category of equipment must satisfy;
declared that the technical requirements relating to
the measurement of noise at the operator's position           Whereas Council Directive 79/113/EEC of 19
would have to be included in the Annexes to the               December 1978 on the approximation of the laws of
special Directives on each type of equipment under            the Member States relating to the determination of
consideration;                                                the noise emission of construction plant and
                                                              equipment(3), as amended by Directive . . . / . . . /
Whereas the disparity between the provisions already           EEC, laid down the method which should be used
applicable in the various Member States concerning            for establishing the acoustic criteria for hydraulic
the limitation of the sound emission level of                 and rope-operated excavators and for dozers and
                                                               loaders;
(') OJ NoC 112, 20. 12. 1973.
(2) OJ NoC 139, 13.6. 1977.                                   (3) OJ NoL33, 8.2. 1979, p. 15.
 ---pagebreak--- No C 356/4                           Official Journal of the European Communities                                          31. 12. 80
Whereas owing to the effect of the noise emitted by             2.3.    Loaders
hydraulic and rope-operated excavators and by                          are self-propelled wheeled or crawler machines
dozers and loaders on the environment and, more                        fitted in front with a bucket. The machine loads,
particularly, on human well-being and health, it is                    raises, transports and dumps material by
necessary to bring about a progressive and                             combining its own movements and those of the
appreciable reduction in the permissible sound                         bucket.
emission level of hydraulic and rope-operated
excavators and of dozers and loaders;                                                        Article 3
Whereas it is appropriate to set a sound emission               1. The approved bodies shall issue an EEC type-
level applicable when this Directive comes into force           verification certificate for every type of earth moving
and that five years later more stringent restrictions           machine for which:
should come into force;
                                                                — the airborne noise, measured under the
Whereas the measures in this Directive relate only to                conditions set out in the Annex to Directive
noise emitted by hydraulic and rope-operated                        79/113/EEC as supplemented by Annex I to this
excavators and to dozers and loaders, and whereas                    Directive, does not exceed the permissible sound
any provisions relating to exposure of operators to                  power level specified with reference to the net
sound pressure are not concerned by this                             power and dates in the following table:
Directive;
                                                                                                       Permissible sound
Whereas technical provisions must be adapted                                                              power level
                                                                  Net installed power              in dB (A)/l pW as from
rapidly to technical advances; whereas it is necessary                  ISO 1585
to this end to provide for the application of the                     of 1. 10. 1974          the entry               five years
                                                                                             into force            after the entry
procedure set out in Article 21 of Directive . . . / . . . /                                    of the              into force of
EEC,                                                                                          Directive             the Directive
HAS ADOPTED THIS DIRECTIVE:                                            <150kW                    107                     104
                                                                   150< <250kW                   110                     107
                        Article 1                                 250 < <375 kW                  112                     110
                                                                          >375                   115                     113
 1. This Directive applies to the permissible sound
power level of hydraulic and rope-operated                      — the sound pressure levels of airborne noise in
excavators and of dozers and loaders, hereinafter                    dB(A) measured under the conditions of Annex
called 'earth-moving machines', used to perform                      II of Directive 79/113/EEC, as supplemented by
work on civil engineering and building sites.                        this Directive, shall not exceed the permissible
                                                                     levels as indicated in the following table:
2. This is a special Directive within the meaning of
Article 3 (2) of Directive . . . / . . ./EEC, hereinafter       Permissible sound pressure level in dB(A)/20upA at the
                                                                                        operator's position
called the 'outline Directive'.
                                                                      on entry into force of         five years after the entry into
                        Article 2                                         the Directive                  force of the Directive
For the purposes of this Directive:                                             89                                  86
2.1.   Hydraulic or rope-operated exca vators                   2. All applications for an EEC type-verification
      are machines combining a self-propelled                   certificate in respect of the permissible sound power
      undercarriage with an upper structure which               level of earth moving machines shall be accompanied
      can swivel through more than 360°. The                    by an information document conforming to the
      machine excavates, lifts, carries and dumps               model shown in Annex III.
      material by moving either a boom, an arm and
      bucket (as is the case with a face shovel or a            3. For each type of earth moving machine it
      backhoe) or a bucket controlled by the                    certifies, the approved body shall complete all the
      winding-gear (as is the case with a drag-line or          sections of the EEC type-verification certificate
      a clamshell), the undercarriage remaining                 conforming to the model given in Annex III to the
      stationary during the machine's working                   outline Directive.
      cycle.
                                                                4. The period of validity of EEC type-verification
 2.2   Dozers                                                   certificates shall be limited to five years. This may be
       are self-propelled wheeled or crawler machines           extended by five years provided application is made
       fitted in front with a blade which serves                during the 12 months preceding the expiry of the first
       primarily to displace or spread materials.               five-year period.
 ---pagebreak--- 31. 12. 80                           Official Journal of the European Communities                                No C 356/5
5. By way of derogation from Article 19 (1) of the                 of the outline Directive, shall be carried out using the
outline Directive, the advantages provided for in this             technical procedure laid down in Annex V.
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                                            Article 6
certificates of conformity drawn up on the basis of an
EEC type-verification certificate for the figures in the           The amendments necessary to adapt the
first period; the period of validity must accordingly               requirements of the Annexes to technical progress
be shown on the certificates of conformity                         shall be adopted in accordance with the procedure
concerned.                                                          laid down in Article 4 of Directive 79/113/EEC.
6. For every earth moving machine built in
conformity with the type certified by EEC type-                                              Article 7
verification, the manufacturer shall complete a
certificate of conformity conforming to the model                   Member States shall take all necessary measures to
given in Annex IV to the outline Directive.                         ensure that earthmoving machines as defined in
7. Each earth moving machine built in accordance                    Article 2 cannot be placed on the market unless they
with the type certified by EEC type-verification shall             satisfy the provisions of this Directive and of the
bear a clear and permanent mark indicating the                     outline Directive.
sounpower level in dB(A) referenced to 1 pW,
guaranteed by the manufacturer and determined as                                             Article 8
laid down in Annex I to Directive 79/113/EEC, as
supplemented by Annex I to this Directive, together                  1. Member States shall bring into force the laws,
with the symbol 8 (epsilon). The model for this mark                regulations and administrative provisions necessary
is given in Annex IV to this Directive.                             to comply with this Directive on 1 October 1982 and
                                                                    shall forthwith inform the Commission thereof.
                          Article 4
                                                                    2. Member States shall communicate to the
Member States may take measures to regulate the use                 Commission the text of the main provisions of
of earth-moving machines in areas which they                        national law which they adopt in the field governed
consider sensitive.                                                 by this Directive.
                          Article 5                                                          Article 9
Checking of the conformity of production models
with the type examined, as provided for in Article 12               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.
 ---pagebreak--- 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.
 ---pagebreak--- 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.
 ---pagebreak--- 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
 ---pagebreak--- 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"
 ---pagebreak--- 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