CELEX: 51979PC0573
Language: en
Date: 1979-10-26
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 79/113/EEC on the approximation of the laws of the Member States relating to the determination of the noise emission of construction plant and equipment (submitted to the Council by the Commission)

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COM (79) 573
Vol. 1979/0199
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(79)573 final
                                          Brussels , 26 October 1979
                            Proposal for a
                           COUNCIL DIRECTIVE
          amending Directive 79/ 113 / EEC on the approximation
          of the laws of the Member States relating to the
          determination of the noise emission of construction*
                          plant and equipment
               ( submitted to the Council by the Commission)'
                                                                 V
                                                                   i
                                                                   t
 C0M<79 ) 573 final
 ---pagebreak--- INTRODUCTION
This proposal for a Directive was drawn up under the European Communities *
                               1■ 4M    « <« ««
                                                      ?
                                                      C
Environment Actiori Programme and Social Programme , all of which underline
the need for action on the noise emitted by noise sources in the environment
and at the workplace .    The need to approximate legislation on construction .
plant and equipment is also stressed in the Supplement of 21 May 1973^
included by the Council t on a proposal from the Commission, in the general
programme of 28 May 19^9 "to remove technical barriers to trade in industrial
products.
The proposal also follows up the statement made "by the Ministers of the
Enviror **nt when they adopted Directive 79/"! 1 3/EEC on the approximation of
the lav    of the Member Sta.tes relating to the determination of the noise
 emission of construction plant and equipment .    They stated that the purpose
 of the Directive was to enable a limit to be fixed , in separate Directives ,
 to the sound emission level of machines and , if necessary , to the sound pressure
 level at the operator 's position.    All the technical particulars relating to
measurements at the operator 's position would be entered in an annex to the
 separate Directives for each machine in question.
BACKJROUÎTD
 The ma-in aim of the package of proposals for directives presented to the
 Council on noise from construction plant and equipment was to protect the
 environment .   It became clear during preparation of these proposals ,
 particularly the proposal on noise emitted by jackhammers , that the noise
 level at the operator 's position also had to be determined.
 1)  0J  No 112 , 20 December 1973  and OJ No C 139 , 13 Jrae 1977
 2)  0J  No C 165 , 11 July 1978
  3   0J No C 38 , 5 June 1973
 4)   0J No C 76 , 17 June 1969
 5)   0J No L 33 , 8 February 1979
 6)   OJ No C 82 . 14 April 1975
 ---pagebreak---                                                                   2.
     Noise–induced hearing loss is a major problem in our industrialized
     society. A large number of studies^have demonstrated that the probability
     of permanent hearing damage caused "by noise is "directly related to the
     noise level and length of exposure of the person concerned .      It is hence .
     essential , in order to protect the hearing of operators of construction
     plant and equipment , to know the value of the parameters for measuring
     their exposure to noise .
M . "SSiic 2<athod makes it possible to measure the noise generated by machines at
                               -the noise level being      of these parameters.
     The length of exposure can be calculated from the work performed by the
     machine .                  ,
     LEGISLATION IN THE MEMBER STATES
   " There are at present general laws in the Member States on the health and
     safety of workers and occupation**] hygiene and safety.    They generally
     stipulate that noise and vibrations imict not exceed a level compatible with
     the health of employees exposed.    Every effort must be made to reduce
     excessive noise and/or vibration at source. If noise cannot be sufficiently
     reduced by means of available technology , employers must in theory provide
     employees with individual protective equipment or reduce their length of
     exposure to the noise by means of work–'breaks , for instance .
     These ideas are often couched in different terms from one Member State to
     another ;   the legislation may be more or less coercive and may include practical
     instructions on steps to be taken or measuring methods to be used*       The fact
     that these practical instructions and measuring methods also differ from one
     Member State to another may have a direct effect on the establishment or
     functioning of the common market .
      1 ) Damage and annoyance caused by noise AAJR 53989/ 1975
                                                                  • • •/• • •
 ---pagebreak---                                                                           3.
    There are no special laws in the Member States on construction plant
    equipment , which is covered lay general legislation. »
    LEGAL BASIS
    ■      ■ ■ ■  i i                                  «
     Because the general provisions differ from one Member State to another ,
     they may give rise to "barriers to trade when they affect products .            This
     proposal for a Directive supplements Directive 79/113/EEC . The Annex to
      that Directive lays down the technical methods of determining the sound
                      Ct3tjns*truct i on equipment , which is •eiJ'sential for assessing
      the acO' i»tio impact of a machine on the environment# This proposal adds
                                         »
      a secor; , Annex to the Directive laying down the method of determining the
• noise . virel of machines at the operator 's position.
      The Commission therefore proflents this proposal for a Directive under
      Article 100 of the EEC Treaty.                                    .
      CONSULTATION OF THE PARTIES CONCERNED
      In preparing this Directive the Commission held extensive meetings with the
 v' parties concerned , i.e. the Advisory Committee on Safety , Ifcrgiene and Health
      Protection at Work, the CECE ( Committee for European Construction Equipment
      (manufacturers )) and the International European Construction Federation
      (entrepreneurs/users ).
      INTERNATIONAL COOPERATION
      During its work on this proposal , the Commission liaised with the ISO/TC 43
      Secretariat , which is preparing an international standard for the measurement
      of noise perceived "by operators .
                         ••
      The aim of this cooperation is to arrive at a uniform international solution
      to this problem, to facilitate world trade*
                                                                           •• •/
 ---pagebreak---                        Proposal for a
                      COUNCIL DIRECTIVE
amending Directive 79/ 113/ EEC on the approximation of the Laws of
the Member States relating to the determination of the noise emission
                  of construction plant and equipment
            ( submitted to the Council by the Commission )
                                             /
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community /
and in particular Article 100 thereof ,
Having regard to the proposal from the Commission ,    '
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas provisions the purpose c Which is to limit noise at positions
of work and methods of measuring noise differ from one Member State to
another , which means that , when applied to construction plant , they
constitute a barrier to trade in such plant ,   whereas such provisions should
therefore be approximated ;
                               1
Whereas Directive 79/ 113 / EEC seeks to harmonize methods of measuring
the sound levels of construction plant and equipment ;
Whereas on the occasion of the Council meeting   held on 18 and 19 December
1978 , the Ministers for the Environment stated  that the technical provisions
for the measurement of noise at the operator 's  position should appear in
the Annexes to the separate Directive for each   machine in question ;
Whereas all the general technical provisions relating to the determination
                                                               »
of the noise emissions of construction plant and equipment should be
                                                                   !
consolidated in one Directive ^
HAS ADOPTED THIS DIRECTIVE :
  0J No L 33 > 8.2.1978 .
 ---pagebreak---                                                                     5
                                Article 1
    Directive 79/ 113 / EEC is hereby amended as follows :
   Article 2 shall be replaced by the following :
" Article 2
     1»        Where a separate Directive provides for the determination of
               the noise emission of the construction plant and equipment
               referred to in Article 1 , such emission shall he determined in
               accordance with the requirements of Annex I «
     2«        Where a separate Directive provides for the determination of the
               noise emission at operator 's positions of the construction plant
              .and equipment referred to in Article 1 , such emission shall "be
 •••• •-vyrfw.determined' in accordance with the requirements of Annex II .
    The iinex shall be amended as follows :
   (a)         The heading "Annex " shall be replaced by the heading "Annex I ".
                                                    • c
  .( b )       Paragraphs 4« 2 and 6. 5 shall "be deleted.
                                                                 «
  An Annex II shall be added - the text of which is annexed to this Directive .
                                             *■»
                              Article 2
     1«        Member States shall "bring into force the laws , regulations and
               administrative provisions uecessary to comply with this Directive
               within eighteen months of its notification . They shall forthwith
               inform the Commission thereof#
     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 Directive .
                              Article
     This Directive is addressed to the Member States *
                                              Done at Brussels .
 ---pagebreak---                              ANNEX
                           ' JUOSEK II
       METHOD OP MEASURING AIRBORNE FOISE GHtSRATED
            BT MACHINES AT THE OPERATOR 'S POSITION
1°     AIM
The aim of this method is to determine the noics emitted at the positions
of the operators of the machines defined in Article 1 of this Directive .
The values obtained by this method may "be used as the data for setting
limits to noise emission from macines at the operators® positions . Save
as otherwise indicated , these values include all tolerances .
This method is applicable unless separate directives lay down different
or supplementary provisions taking into account the particular characteristics
of certain types of machine*
2.     SCOPB
2.1 .  Type of noise
This method is applicable to all types of noise generated at the positions
of operators machines .
2.2 »  Type cf test
This' method shall be used when tests , e . g. type-appro^ul tests , are .made on
machines with me or more operators * positions to determine the sound
emission level . It is not applicable for measurements to determine directly
the level of an operator 's exposure at Ms position .
2.3.    Type of machine
This method is suitable for all machines whether there are one or more
operators * positions.
For the purposes of this method , the situation near the jnachine of a person
who is not involved in its operation is not considered as m operator 's
position* '                                      *
 ---pagebreak--- 3.        DEFINITIONS
3*1 *     Operator is any person whose presence is necessary for the
normal operation of the machine *
3.2* Equivalent continuous A-weighted sound pressure level L. (T) f
expressed in dJ3 f is the quadratic mean with respect to time       q
of the sound pressure over the measurement interval and is obtained from
the following formula :
                                        Τ
                                    -1 r p(t) 2 ,+
                   LAeq (T)=10 log,0 ? j (–)Adt
where
                            ι
p(t ) is the sound pressure
  c
       • is a reference pressure of 20 pa
T            the measurement time .
                                                          *         »■
4.      . CRITEhlON ■VQ BE USED TO EXPRESS RESULTS
The acoustic criterion for +u® positions of operators of construction
plant and equipment is expressed ty the equivalent continuous A-weighted
 sound pressure level k^e^(T).
 5*       MEASURING INSTRUMENTS - .                               /
The specifications laid down in Chapter 5 of Annex I are to he used , with th
 extra requirement added to paragraph 5*3 , that the external diameter of the
 microphone must not exceed 13 mm*
 6.        0PERAT0RS
 The separate Directives specify the positions which operators are to occupy
 during the tests .
 6.1 .     Clothing specifications
 During the measurements , operators must wear normal working clothes and
 the equipment ( e.g. safety helmet ) normally prescribed for the operator 's
 position in question*
 ---pagebreak---                                                                  3
6.2 .     Heieht specifications
6- P- 1.    Standing or»erator                              ;
                                                      • / V -t
The operator 's height ( wearing shoes ) must "be 'between 1.62 m and 1.8? m.
6.2.2.      Seated operator                   ,
'i'he height of an operator when seated must be "between 0.85 m and 1.02 m ,
as shown in figure 1 .                           '             >
                                 f ig.1
                           *
          A = height of operator when seated
7®        MICROPHONE LOCATIONS
7» 1 »    General
For each operator 's position , only one microphone location is laid down ;
 it is specified in the annexes to the separate Directives . General
 guidance for microphone location is given in paragraphs 7 « 2 and 7«3 »
 7.2.     Microphone location with no operator present
7 * 2.1 .   At the operator 's position ( standing operator )
 The microphone is placed at the position normally occupied "by the operator ,
 at a height of 1.60 m above the surface on which the Operator stands *
                                                                  •••/•••
 ---pagebreak---    7*2.2.       At the operator 's position ( seated operator )
   The microphone is placed at point A in Figure 2.
   LOCATION OF THE MICROPHONE WHEN THE OPERATOR IS SEATED          fig. 2
   (measurements with no operator present )
                        •            •
         150 + 20 mm *
              '■     'I
          *1          !
                      j                                     –. – -£j>– – –
                                                                 ~|        '
                                                                    I
           vi       f\ ' . J                                        I
                                                                    I
                                                                    \
                                                                    I
                                                                    I
                                                                    I
( ^ –J                                                      ^     J
                                                                 –0
                                                                             ^
!"                    j                                             I
                                                                    I
                 A is the microphone position
              : R is the seat reference point as defined "by ISO 5353 : 1978.
                   The point is to "be determined with the seat placed as near
                   as possible to the mid-point of its horizontal and vertical
                   adjustment range , the suspension being depressed until the
                   seat reaches the mid-point of its dynamic range.
   7«3 «    Microphone locations with operator present
   The microphone is placed : (a) to the side of the head where k . (T) is
   highest , gwri (b) at 200- 20 mm from the median plane of the headland, in
   line with the eyes .
                                                                   • • •/• • <
 ---pagebreak---                                                                    5»
Note : To facilitate the placing of the microphone , it can conveniently
            be mounted on a frame or the helmet or a shoulder harness worn
            by the operator .
For measurements when the operator is seated , the seat must "be adjusted
to allow the operator to reach the machine controls comfortably*
8.     . i ENTCROllT'ENTAL CONDITIONS
          I                             111 '
8. 1 .      Measuring site              ,
The machine is to be installed in conditions identical to those specified
in paragraph 6.3 of Annex I •
        •          ~r>ov*ri(5 -nrci   .                   / ■
                                                   ' -           i
Background noise at each microphone location must "be at least 10 63(A)
lower than the noise level emitted by the machine .           1
                                    ι
9*          INSTALLATION AMD OPERATING, CONDITIONS -
9-1 .       General
The precise conditions rorruired for installing and operating the machine
are laid down in the annexe*, to the separate Directives .
These conditions must be typical either of normal use or of a prescribed
mode of use which will cause the noise generated at the operator 's position
to be similar to that emitted under normal tu;? ( see paragraph 6.2.2 of
Annex I ).
These conditions mast , if possible , be identified to those laid down in
ilbS1 & IT? ^ X 8 S j'Q "''*"*0                  ^     d^        0"0 of "Mbc?
powep le-vel of the siaoîiine®
9® 2.       Operation of machines with adjustable features ( such as windows
            that may be opened'!"             ––           ^
9.2.1 .         If the machine has any adjustable features which , although not
directly associated with its operation, will affect the value of              (T ),
separate tests must be carried out and a report made thereon.
Precise details of features to be taken into consideration will be included
in the annexes to the separate Directives .
9.2.2.          A machine having an operator 's cab with doors and windows that may
be opened during normal use must :
 ---pagebreak--- a)        if not fitted with full air-conditioning equipment , "be tested in
          both open and closed conditions .         Where the windows are closed ,
          any air-circulating fan or pressurizing system must operate at
          maximum rate. The highest L.          ( T) values must "be used for both
          open and closed conditions *        q        «
b)        if fitted with full air-conditioning equipment f be tested with
          the windows closed and the aii>-circulating - fan or fans operating at
          their maximum rate .      .
                                                     /
9«2. 3»       The warming-up of the machine ( temperature , oil , etc. ) must be
carried out in accordance with the manufacturer 's instructions .               If the
machine is fitted with fuel tanks , these must not be more than half full .
10.       KCISUREMENTS AND CALCULATION OP RESULTS                                      ;
10.1 .    I asurement mterval T
          . i
The meaf urement interval T at each microphone location is to be specified
in the separate Directives . As a guide , it must be at least 15 seconds or ,
in the case of a work cycle , equal to the duration of a whole number . of
work cycles .
10.2.     Determination of the equivalent continuous A-weirfited sound r>ressure
          Ì22Ì IW1 »                     ~     "
                       r                                     ..
This level is obtained either directly by integrating             p 2 (t ) or by sampling
of the pressure level L ^
10.2.1„ .     _    . .
              By integrating . . * /. %2
                                  pit )
L.   (T) may be directly obtained by integrating the square of the A–weighted
       sound pressure during a period equal to the measurement interval in
accordance with the formula given in paragraph 3» 2 . Digital or analog integration
may be used , e.g. with an integrator sound level meter.
10.2.2.       By using the A-weighted sound pressure levels L ^
The sound pressure level L . is measured by means of an instrument defined in
paragraph 5*2 of Annex I . p
If a sound level meter is used , a number of readings are taken at each ,
measuring point at a sampling rate of 1 of the measurement interval T.
                >                             A*
In this case .* L.Aeq (T) is obtained from the following formula i
                  . . LaA8<I (T) - 10 log101 H *-»y 100#1 pAi
                                                  i-1
 ---pagebreak---                  /
where :
IT = T       is the number of samples
kpAi         18      A–weighted Bound pressure level of the sample i.
Hole i the t value chosen will affect the degree of precision of the
            result * This value may have to "be defined in the annexes to the
            separate Directives .
 10® 3®     Measurement cf ambiant conditions
The requirements are laid dovrn. in paragraph 7 = 1 ° 3 of Annex I «
 10o4°      Corrections to be made to measurements
 1Co4'1 "       Ambient conditions ( température , humidi.ty . altitude , etc » )
The requirements are laid down in paragraph 8o6«3 of Annex I®
Additional corrections may have to "be made to take account of the pressure
 of a pressurized cab .
 10* 4 " 2°     Background ncise
lo correction is to be made for background noise®
            IMPULSI VE ÎI0ISS
The question of whether and in what my iarpTusive noise ought to be
 specially measured at the operator 8 e position will be considered by the
 Committee on Adaptation to Technical Progress .
 1 2»       DATA TO BE REPORTED
 The test report must contain the data needed to measure noise at operators 5
 positions in accordance with Section 10 of Annex 1 «
 Additional information must be given on the layout of the operator 's positio
 in particular the cab , during the measurements *
 The report must also confirm that the equivalent continuous A-weighted
  sound pressure levels L.        ( T) were obtained strictly according to this
  measurement method and             the Bepara"se Directives®
 Fota i       If the measurements at the operator 's position are carried out
              when the sound pressure level of the machine is determined , the
              data must be recorded in a single report®