CELEX: 51986PC0491
Language: en
Date: 1986-09-22
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 84/534/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE PERMISSIBLE SOUND POWER LEVEL OF TOWER CRANES

No C 267/4                                Official Journal of the European Communities                                  23. 10. 86
                                                                 II
                                                         (Preparatory Acts)
                                                   COMMISSION
             Proposal for a Council Directive amending Directive 84/534/EEC on the approximation of the
                  laws of the Member States relating to the permissible sound power level of tower cranes
                                                        COM(86) 491 final
                               (Submitted by the Commission to the Council on 25 September 1986)
                                                          (86/C 267/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas all the technical provisions required to
                                                                     determine the noise emission of tower cranes should be
                                                                     consolidated in one Directive; whereas Council Directive
Having regard to the Treaty establishing the European                84/534/EEC (3)        should     therefore    be    amended
Economic Community, and in particular Article 100                    accordingly,
thereof,
                                                                     HAS ADOPTED THIS DIRECTIVE:
Having regard to the proposal from the Commission,
                                                                                                Article 1
Having regard       to   the    opinion   of   the   European
Parliament,                                                          Directive 84/534/EEC is hereby amended as follows:
Having regard to the opinion of the Economic and                     1. Article 1 (1) is replaced by the following text:
Social Committee,
                                                                         '1.    This Directive shall apply to the permissible
                                                                         sound power level of airborne noise emitted into the
Whereas provisions, the purpose of which is to limit                     environment and the permissible sound pressure level
noise at operators' positions, and methods of measuring                  of airborne noise emitted at the operator's position
airborne noise differ from one Member State to another,                  for tower cranes used to perform work on civil
which means that, when applied to tower cranes, they                     engineering and building sites'.
constitute a barrier to trade in such cranes; whereas such
provisions should therefore be approximated;
                                                                     2. Article 3 (1) is amended as follows:
Whereas Council Directive 79/113/EEC of 19                               (a) The opening lines are replaced by the following:
December 1978 on the approximation of the laws of the
Member States relating to the determination of the noise                     '1.    The approved bodies shall issue an EEC-
emissions of construction plant and equipment ('), as                        type examination certificate for each type of
amended by Directive 81/1051/EEC (2), laid down in                           tower crane referred to in Article 1(1) for which
particular, the method to be used for determining                            — the sound power level of airborne noise
airborne noise emitted at the operator's position by a                           emitted into the environment, measured          '
tower crane;
                                                                         (b) The remainder of the text and the table remain
                                                                             unchanged.
Whereas, on the occasion of the Council meeting held
on 18 and 19 December 1978, the Ministers for the
                                                                         (c) After the table a new          indent  is added    to
Environment stated that the technical provisions for the
                                                                             paragraph 1, as follows:
measurement of airborne noise emitted at the operator's
position should appear in the Annexes to the separate                        '— in the case of a type of tower crane with an
Directives for each machine in question;                                          operator's position fixed to the structure of
                                                                                  the tower crane, the sound pressure level of
                                                                                  airborne noise, in dB(A), measured at the
                                                                                  operator's position under the conditions set
(') OJ No L 33, 8, 2. 1979, p. 15.
(2) OJ No L 376, 30. 12. 1981, p. 49.                                (3) OJ No L 300, 19. 11. 1984, p. 130.
 ---pagebreak--- 23. 10. 86                                       Official Journal of the European Communities                                   No C 267/5
            out in Annex II to Council Directive 79/113/                             both as guaranteed by the manufacturer and
            EEC, as supplemented by Annex la to this                                 determined as laid down in Annexes I and II to
            Directive, shall not exceed the permissible                              Directive 79/113/EEC, as amended by Directive
            level given in the following table:                                      81/1051/EEC and supplemented by Annexes I and la
                                                                                     to this Directive, together with the symbol e.(epsilon).
                                                                                     The models for these marks are given in Annex III to
               Permissible sound pressure level in dB(A)20 uPa at the                this Directive.'
                              operator's position as from
                                                                                 4. A new Annex la is added, the text of which is given in
              18 months after notification      5 years after notification
                    of the Directive                of the Directive                 Annex I to this Directive.
                                                                                 5. Annex III is replaced by the text in Annex II to this
                            85                              80                       Directive.
                                                                                                            Article 2
3. Article 3(7) is replaced by the following:
                                                                                 1.     Member States shall bring into force the laws, regu-
   '7.    Each tower crane built in accordance with the                          lations and administrative provisions necessary to comply
   type certified by EEC type-examination shall bear a                           with this Directive on 1 July 1988 and shall forthwith
   clear and permanent mark indicating:                                          inform the Commission thereof.
   — the sound power level in dB(A) referenced to                                2.     Member States shall communicate to the
        lpW,                                                                     Commission the texts of the provisions of national law
                                                                                 which they adopt in the field governed by this Directive.
   — in the case of a type of tower crane with an
       operator's position fixed to the structure of the                                                    Article 3
       tower crane, the sound pressure level in dB(A)
       referenced to 20 \i Pa,                                                   This Directive is addressed to the Member States.
                                                                           ANNEX  I
                                                                          'ANNEX la
               M E T H O D OF MEASURING AIRBORNE NOISE EMITTED BY TOWER CRANES AT T H E
                                                               OPERATORS' POSITIONS
              This method is applicable to tower cranes with an operator's position fixed to the structure of the tower
               crane. It lays down the test procedures for determining the equivalent continuous sound pressure level at
              the operators' positions.
              These technical procedures comply with the requirements of Annex II to Directive 79/113/EEC, as
               amended by Directive 81/1051/EEC, and the provisions of that Annex apply to tower cranes subject to the
              following amendments and conditions:
               6.        Operator
                         An operator shall occupy the operator's position.
               6.2.1.    Standing operator
                         If the operator's position does not have a seat the measurements are to be taken with the operator
                         standing.
               6.2.2.    Seated operator
                         If the operator's position does have a seat, the measurements are to be taken with the operator
                         seated.
                         NB: The position of the operator, whether standing or seated, is to be indicated in the test report.
               7.1.      General
                        The microphone shall be located as specified in Section 7.3.
 ---pagebreak--- No C 267/6                              Official Journal of the European Communities                                    23. 10. 86
           9.      General
                   The conditions required for installing and operating the tower crane are laid down in point 6.2 of
                   Annex I. In the case of tower cranes where the lifting mechanism is on the jib stay, the
                   measurements shall be taken in this configuration.
           9.2.    Operation of a tower crane with adjustable features (e.g. windows which can be opened).
                   Adjustable features other than those mentioned in point 9.2.2 shall not be taken into consideration.
           10.2.2. Using the A-weighted sound pressure levels Lp^
                   This point shall not be taken into consideration.'
                                                           ANNEX      II
                                                           'ANNEX     III
                              MODEL FOR MARK STATING T H E SOUND POWER LEVEL
 ---pagebreak--- 23.10.86                                    Official Journal of the European Communities                               No C 267/7
               MODEL FOR MARK STATING THE SOUND PRESSURE LEVEL AT OPERATOR'S POSITION
              All the dimensions given for the two models may be multiplied, for example by V2, 'A, 2, 3, 4 etc, on
              condition that the specifications laid down in Article 3 (7) are adhered to.
              A tolerance of 20 % shall be allowed on all the above dimensions.'
              Proposal for a Council Regulation opening, allocating and providing for the administration of a
              Community tariff quota for frozen beef and veal falling within subheading 02.01 A II b) of the
                                                    Common Customs Tariff (1987)
                                                          COM(86) 506 final
                                 (Submitted by the Commission to the Council on 6 October 1986)
                                                             (86/C 267/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  Community tariff quota of 50 000 tonnes of frozen beef
                                                                          and veal falling within subheading 02.01 A II b) of the
                                                                          Common Customs Tariff, expressed as boned or
Having regard to the Treaty establishing the European                     boneless meat; whereas, therefore, this tariff quota
Economic Community, and in particular Articles 43 and                     should be opened for 1987;
 113 thereof,
                                                                          Whereas, pursuant to Articles 75 (2) (a) and 278 (1) of
Having regard to the proposal from the Commission (x),                    the Act of Accession of Spain and Portugal, Spain and
                                                                          Portugal will apply as from 1 March 1986 the Common
                                                                          Customs Tariff duty; it is appropriate to provide for
Having regard        to   the   opinion      of   the  European           allocation for each of those Member States in respect of
Parliament (2),                                                           the quota period under consideration;
Whereas, in the context of the General Agreement on                       Whereas, in particular, equal and continuous access to
Tariffs and Trade (GATT), the Community has                               the quota should be ensured for all persons concerned in
undertaken to open, at a duty of -20 %, an annual                         the Community and the rate laid down for the tariff
                                                                          quota should be applied consistently in all Member
0) OJ No C 258, 10. 10. 1985, p. 6.                                       States to all imports of the product in question until the
O OJNoC352, 31. 12. 1985.                                                 quota is used up; whereas a system of utilization of the