CELEX: 51993PC0154
Language: en
Date: 1993-05-12
Title: Proposal for a COUNCIL DIRECTIVE to amend Council Directive 86/662/EEC on the limitation of noise emitted by earthmoving machinery

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                     COM(93) 154 final - SYN 458
                                     Brussels, 12 May 1993
                      Proposal for a
                    COUNCIL DIRECTIVE
          to a»end Council Directive 86/662/EEC
               on the limitation of noise
            e»itted by earthnoving Machinery
              (presented by the Commission)
 ---pagebreak---                                    -4 -
                             EXPLANATORY MEMORANDUM
1. facjcflround and objective of the proposal
     Council Directive 86/662/EEC concerns the harmonisation of noise levels
     for certain types of earthmoving machines (excavators, dozers, loaders
     and excavador-loaders). The legal basis for the directive is article 100
     which pertains to the establishment or functioning of the common market.
      In order to achieve such a harmonisation of requirements in the different
     Member States the directive lays down permissible noise emission levels
     for these types of machine. The noise levels are measured by a defined
     test method set out in annex I of the directive (stationary operation
     test method). In order to ensure that the noise requirements are
     respected, each type of earthmoving machine shall be certified by an
     approved body. Council Directive requires that Member States ensure that
     earthmoving machines shall not be placed on the market unless they
     satisfy the provisions of the Directive.
     According to the Directive the permissible sound power level will be
     valid until December 1994 and the certificates granted under its
     provisions will cease to be valid one year later.
     Under the terms of Art. 3(1)(b) and Art. 7 of 86/662/EEC the Commission
     has to submit to the Council a proposal aimed at determining, under the
     conditions of a new test method "the real dynamic operation method", new
     values of "permissible sound levels... and also the conditions for
     possible extension of EEC type-examinations certificates and their period
     of validity..". The measurement method of "real dynamic operation" was
     defined in the Commission Directive 89/514/EEC.
 ---pagebreak---                                    _ 2 -
   Taking into account the subject of, and reasons for   the existing
   Directive (Article 100 of the Treaty) the amendment  is , therefore,
   indispensable to the establishment of the internal market. There is a
   need for an urgent revision of the Directive 86/662/EEC in order to avoid
   a situation, in which no Community legislation in this field is
   applicable. Representatives of the Member States and the industry, as
   represented by the Committee of the European Construction Equipment
   (CECE), have expressed their concern that the free trade of earthmoving
   machines within the Community will be affected, if the revision of
   Council Directive 86/662 is not adopted in good time.
   The proposal for revised noise levels has been discussed with
   representatives of Member States in the framework of the expert group on
   noise and vibration from construction plant and equipment at meetings on
   9 March, 24 July and 29 October 1992.
   The reduction of noise limits from this category of machinery is
   justified by the need to reduce the noise nuisance from the construction
   industry which is recognised across the Community as being one of the
   major sources of such nuisance.
2. Peseription of the main amendments of the proposal.
   Article 1.1 of the proposal estabIishes a 2-stage approach for the
   reduction of the permissible sound power levels. The first stage
   establishes new limit values approximately 4 dB more stringent than those
   currently applied. These limit values will be valid from 30 December
   1995. The aim of stage 2 is to fix the limit values for the year 2000 and
   beyond, on the basis of a 3 dB reduction with regard to stage 1.
 ---pagebreak---                                    - 3
3. The revised noise limit values.
   The comparison of the revised limit values with those under the current
   directive is only approximate, since the new values are to be measured by
   a new test method (the "real dynamic operation" method) mentioned above.
   However, as a result of comparisons that have been made, it is widely
   accepted that the difference between the old and the new test method is
   not greater than 2 dB on average. For the following, it is assumed that
   the difference amounts to 2 dB, i.e. 2 dB have to be added to a test
   result measured according to the static procedure for transformation into
   a quasi dynamic result, which can be compared with the revised noise
    level Iimits.
   For steel tracked earthmoving machines the revised limit values of
   paragraph 3(1)(b) [stage 1] are approximately 1 dB more stringent on
   average than the previous ones. This small amount of progress may be
   considered as Justified from the technical as well as the environmental
   point of view. Firstly, significant noise is generated by the action of
   the caterpillar track on the ground and, although this noise source is
   not measured in the present test method, it will be measured when the
   revised test method comes into force. Secondly, only a few tracked dozers
   are used on construction sites in urban areas. This argument does not
   apply to tracked excavators because the revised test procedure for
   excavators is different to that for dozers in that the tracks do not move
   during the test.
   An analysis of a large number of EEC type examination certificates from
   recent years on existing machines provided by the Ministère de
    l'Environnement et de la Prévention des Risques Technologiques et
   Naturels Majeurs in France, shows the following figures :
 ---pagebreak---                                 - 4 -
                                             Percentages of earthmoving
        type of            numbers of        machines already complying
  earthmoving machine     certificates       with the proposed limit
                           evaluated         values of December 1995
                                                    (Stage 1)
  LOADERS                     446                      27 %
  EXCAVATORS-LOADERS          130                      11 %
  EXCAVATORS                  606                      31 %
These figures indicate that the proposed new limit values in stage 1 are
technically feasible and reasonable in the context of the progress which
has been made since the current directive was adopted.
The proposed amendment provides an incentive to encourage further
technical progress in this area and the basis on which Member States may
use tax incentives to accelerate the introduction of low noise machines.
The Commission will, within the framework of its expert group on noise
and vibration from construction plant and equipment, keep under review
the state of the art and the technical progress in noise abatement of
earthmoving machines and will if necessary submit proposals prior to
1 January 1998 amending the limit values and/or date of application of
the second stage.
Due to delays in the preparation of this draft amendment it is proposed,
with the agreement of the expert group on noise and vibration from
construction plant and equipment, that the validity of the current
directive and the certificates granted under it should be extended for
one year in order to ensure that the industry has sufficient notice of
the proposed new levels.
 ---pagebreak---                                        _ 5 -
                                     Proposal    for a
                                   CrOlfMrtll DIRECTIVE
                        to amend Council Directive 86/662/EEC
                              on the limitation of noise
                          emitted by earthmoving machinery
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 100A thereof,
Having regard to the proposal of the Commission,
In cooperation with the European Par Iiament^1),
Having regard to the opinion of the Economic and Social Committee^2),
Whereas in view of the establishment and the functioning of the internal
market requirements for noise emissions of hydraulic excavators, rope-operated
excavators, dozers, loaders and excavator-loaders, hereinafter referred to as
"earthmoving machines" have to be    harmonised, while a high level of
protection for the environment has to be achieved;
Whereas Council Directive 86/662/EEC^3) provides for the EEC type-examination
of earthmoving machines, used to perform work on civil engineering and
building sites, and whereas this same Directive also lays down limits for
noise levels and a test method ;
Whereas Directive 86/662/EEC does not provide for permissible sound levels
applicable in the period beginning 6 years after its entry into force, but
envisages that after 1994 revised permissible sound levels shall be so
determined that their effect on the environment is reduced by approximately
3 dB according to the category of power and type of machine ;
Whereas the extension of the validity of Art. 3.1(a) of the Council Directive
86/662/EEC up to the 29 December 95 and the certificates granted according to
 it up to the 29 December 1996 ensures that the industry has sufficient time to
prepare itself to the new permissible sound power levels-,
 (1)
 (2)
 (3) OJ N- L384 of 31.12.1986
 ---pagebreak---                                      - 6 -
Whereas the reduction of the permissible noise levels, to be achieved at
stage 1, by approximately 4 dB measured according to the stationary operation
method corresponds in average to a reduction by 2 dB measured under the
conditions of real dynamic operation and is aimed at achieving a high level of
protection as far as health and environmental protection are concerned ;
Whereas, as technology is evolving and in order to give the appropriate
signals to the industries concerned, further reductions of the admissible
noise levels have to be laid down for a second stage, subject, however, to
reconsideration where necessary taking into account the progress made ;
Whereas the revised test method to be applied after 1995 has been established
according to Directive 86/662/EEC by Commission Directive 89/514/EEC^4^ ;
Whereas this directive does not apply to noise exposure at the operator's
position, as this is covered by other Directives ;
Whereas, owing to the significant effect of the noise emitted by construction
plant and equipment on the environment and, more importantly, on human
wellbeing and health it is necessary to continue the progressive, appreciable
reduction in the permissible sound power level of construction plant and
equipment, taking into account environmental factors, technical feasibility
and economic consequences, consistent with the objective of achieving a high
 level of protection as far as health and environmental protection are
concerned (Art. 100 A of the Treaty) ;
Whereas, with a view to accelerating possible noise reductions for the benefit
of human wellbeing and the environment, Member States should, where they Judge
 it appropriate, have the option to accelerate the achievement of lower noise
 levels by the use of economic instruments in accordance with the provisions of
the Treaty ;
Whereas for the reasons given it is necessary to fix new permissible sound
 levels and the measurement method, indispensable for ensuring the functioning
of the internal market without obstacles to the free movement of earthmovings
machine ;
 (4)  0J N* L235 of 30.08.1989, p.35
 ---pagebreak---                                         - 7 -
HAS ADOPTED THIS DIRECTIVE :
                                      ARTICLE 1
Directive 86/662/EEC is amended as follows :
1.   Articles   3(1)(a)   and 3(1)(b) shall be replaced by the following :
"3(1)(a)   up to and including the 29 December 1995, where the sound power
           level of airborne noise emitted in the environment measured under
           the conditions of stationary operation set out in Annex 1 to
           Directive 79/113/EEC, as amended by Directive 81/1051/EEC*and
           supplemented by Annex I to this Directive, does not exceed the
           permissible level L ^ in dB(A)/1 pW specified with reference to
           the net installed power P in kW in the following table :
                  net installed power              Permissible sound
                                                        power level
                        P in kW<1)                 L W A in dB(A)/1 pW
                     P < 70                                 106
               70 < P < 160                                 108
              160 < P < 350
            a) hydraulic and                                112
                rope-operated excavators
            b) other earthmoving machines                   113
                   P > 350                                   118
 (1)  as defined in Section 6.2.1. of Annex 1 (the value of installed
      power shall be rounded to the nearest tenth of a kW).
 ---pagebreak---                                          - 8 -
3(1)(b)    on and after the 30 December 1995 and up to and including
           29 December 1999, where the sound power level of airborne noise
           emitted in the environment measured under the conditions of real
           dynamic operation set out in Annex I of Directive 79/113/EEC, as
           amended by Directive 81/1051/EEC and supplemented by Annexe II to
           this directive does not exceed the permissible sound power level
           L W A in dB(A)/1 pW specified with reference to the net installed
           power P in k W ^ ) as follows :
     (i)     tracked machines, (except excavators)           L W A - 87 + 11 log P
     (ii)   wheeled dozers, loaders, excavator-loaders       LWA - 8 4 + 1 1  log P
                                                             L
     (i i i) excavators                                        WA - 8 3 + 1 1 log P
           These formulae are only valid between the lowest and highest sound
           power levels for the three types of machine shown in the table
           below.     This lowest and highest sound power level corresponds to a
           lowest and highest value of net installed power.        For net installed
           powers below or above these values, the permissible sound power
           levels are given by the lowest or highest level respectively shown
           in the table (see fig. 3 ) .
                    Type of Machine          lowest level         highest level
                                             In'dB(A) / 1 pW      in dB(A) / 1 pW
               tracked machines                    107                   118
               (except excavators)
               wheeled dozers, loaders,            104                   115
               excavator-loaders
               excavators                           96                   118
               the measured sound power level and the permissible sound power
                level shall be rounded to the nearest whole number (less than
               0.5 use lower number ; greater or equal 0.5 use higher number)
(1)  as defined in Section 6.2.1. of Annex 1 (the value of installed
     power shall be rounded to the nearest tenth of a kW).
 ---pagebreak---                                          - 9 -
3(1)(c)     on and after the 30 December 1999, where the sound power level of
            airborne noise emitted in the environment measured under the
            conditions of real dynamic operation set out in Annex I of Directive
            79/113/EEC, as amended by Directive 81/1051/EEC and supplemented by
            Annex II to this directive does not exceed the permissible sound
            power level L W A in dB(A)/1 pW specified with reference to the net
            installed power P in k W d ) as follows :
     (i)     tracked machines, (except excavators)           LWA - 8 4 + 1 1  log P
     (ii) wheeled dozers, loaders, excavator-loaders         L W A - 81 + 11 log P
     ( M i ) excavators                                      L
                                                              WA - 8 0 + 1 1  log P
            These formulae are only valid between the lowest and highest sound
            power levels for the three types of machine shown in the table
            below.   This lowest and highest sound power level corresponds to a
            lowest and highest value of net installed power.       For net installed
            powers below or above these values, the permissible sound power
            levels are given by the lowest or highest level respectively shown
            in the table (see fig. 3).
                   Type of Machine           lowest level         highest level
                                             in dB(A) / 1 pW      in dB(A) / 1 pW
              tracked machines                     104                  115
              (except excavators)
              wheeled dozers, loaders,             101                  112
              excavator-loaders
              excavators                            93                  118
              the measured sound power level and the permissible sound power
               level shall be rounded to the nearest whole number (less than
              0.5 use lower number ; greater or equal 0.5 use higher number)
(1)  as defined in Section 6.2.1. of Annex 1 (the value of installed
     power shall be rounded to the nearest tenth of a kW).
 ---pagebreak---                                       - 10 -
2. Article   3(4) shall be replaced   by :
   "The period of validity of EEC type-examination certificates granted in
   accordance with the provisions of paragraph 3(1)(a) shall terminate on
   the 29 December 1996.
   The period of validity of EEC type-examination cert ificates granted in
   accordance with the provisions of paragraph 3(1)(b) and 3(1)(c) shall be
   Iimited to five years. However, the certificate granted in accordance
   with the provisions of paragraph 3(1)(b) shall cease to be valid after
   the 29 December 2000.     The period of validity of certificates for
   earthmoving machines which comply with the permissible sound power levels
   entering into force on and after the 30 December 1999, may be extended by
   five years, provided that application is made in the 12 months before
   expiry of the first period of validity."
3. Article   4 shall be   deleted.
4. The sentence of Article    S shall  be amended by the following  addition
   "including the possibility of restricting the working hours of
   earthmoving machines".
   Article   7 shall be replaced   by the following :
   " Article    7
   Economic instruments may be adopted by Member States, in accordance with
   the provisions of the Treaty, to promote the objectives of this
   Directive. "
 ---pagebreak---                                     - 11 -
6.a Article  8 shall be replaced by the following
    "Modifications necessary to adopt the requirements of the Annexes to this
    Directive to technical progress shall be adopted in accordance with the
    procedure laid down in article 8a."
6.b A new article 8a shall be inserted
    "The Commission is assisted by the Committee set up by the Directive
    79/113/EEC from 19.12.79 as amended by Directive 81/1051/EEC from
    07.12.81.
    The representative of the Commission shall submit to the committee a
    draft of the measures to be taken. The committee shall deliver its
    opinion on the draft, within a time limit which the chairman may lay down
    according to the urgency of the matter.
    The opinion shall be recorded in the minutes; in addition, each Member
    State shall have the right to ask to have its position recorded in the
    minutes.
    The Commission shall take the utmost account of the opinion delivered by
    the committee. It shall inform the committee of the manner in which its
    opinion has been taken into account."
7.  Article  9 shall be changed as follows :
    "Not later than 1st January 1998 the Commission may submit a proposal to
    the Council for revision of the limit values and date, provided by
    article 3(1)(c).
    Such a proposal should be based on a report on the progress made with the
    technologies, which were taken into consideration when laying down the
     limit values and date."
 ---pagebreak---                                     ARTICLE 2
     Member States shall bring into force the laws, regulations and
     administrâtive provisions necessary to comply with this Directive no
     later than 29 December 1994.
     When Member States adopt these measures, they shall contain a referenee
     to this Directive or shall be accompanied by such reference on the
     occasion of their official publication.   The methods of making such a
     reference shaI I be laid down by Member States.
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
     Direct ive.
                                    ARTICLE 3
This Directive is addressed to the Member States
 ---pagebreak---                                   - 12 -
         Permissible sound power level in dB(A)
          t
          highest level
         lowest level
                                    log P (P net installed power)
                                             H
Fig 3 : Diagrammatic sketch of the curve for the permissible sound power
        level as a function of the net installed power.
 ---pagebreak---                                       - 13 -
                            IMPACT ASSESSMENT FORM
                   THE IMPACT OF THE PROPOSAL ON BUSINESS
      with special reference to small and medium sized enterprises (SMEs)
                               Title of proposal :
Proposal for a Council Directive to amend Council Directive 86/662/EEC on the
limitation of noise emitted by earthmoving machinery.
Reference number (Répertoire) :
                                  The proposal :
1.    Taking account of the principle of subsidiarity, why is Community
       legislation necessary in this area and what are its main aims ?
      The main aim of the proposal is to harmonize the regulations and
      standards concerning the noise emission of earthmoving machines in order
      to avoid barriers to trade (Art. 100 A of the Treaty). In particular,
      the Council Directive 86/662 lays down, that "at the earliest
      opportunity and at the latest 18 months after the entry into force of
      the Directive, the Commission will submit to the Council a proposal
      aimed at" reducing the permissible sound levels of earthmoving machines,
      measured accordingly to the real dynamic method. A number of Member
      State governments have requested the Commission through the expert
      group on noise and vibration to bring forward the amendments as a matter
      of urgency.
      Who will be affected by the proposal ?
   -  which sectors of business ?
             direct : manufacturers of earthmoving machines
             some limited impacts on the building and construction industries
             in so far that there may be some increase in the cost of machinery
   -  which sizes of business (what is the concentration of small and medium
      sized firms) ?
             business of all sizes are involved in this industrial sector and
             there is no monopoly by a few large companies
   -   are there particular geographical areas of the Community where these
      businesses are found ?
             no - companies in this sector are present in almost all Member
             States.
 ---pagebreak---                                       14 -
3.   What will business have to do to comply with the proposal ?
            To reduce the noise emission of earthmoving machines by well
            established acoustical methods which are available and
            technologically feasible. As the table of explanatory memorandum
            shows, the new levels being set have already been achieved by a
            significant number of manufacturers. Approaches to reducing noise
            levels may either be at the level of a fundamental redesign of
            equipment or at the level of housing the engine and including
            redesign of the air-intake and exhaust silencers and the cooling
            fan. The latter, called secondary measures in noise abatement,
            either have no effect or only slightly raise the cost of
            production. This is verified by the fact that a few manufacturers
            which have already developed low noise earthmoving machines on the
            basis of secondary measures do not sell normal and perhaps higher
            price, low-noise machines, but just low-noise machines. Secondary
            measures are generally sufficient in order that the existing
            machines comply with stage 1 of the proposal.
4.   What economic effects is the proposal likely to have ?
   - on employment ?
            It is difficult to make an accurate prediction on impacts on
            employment. In essence the proposal is neutral but may be
            positive via the encouragement of research into new acoustic
            approaches.
   - on investment and the creation of new businesses ?
            The effect on earthmoving machinery manufacturers in terms of
            investment or in new creation of businesses is unlikely to be
            great, although the technology in acoustics will be promoted.
   - on the competitiveness of business ?
            The proposal sets down harmonized requirements for all
            manufacturers and importers of earthmoving machines which - all
            other things being equal - should mean that the effects on
            competitiveness are neutral. A common legal position within the
            EEC is cost-saving for the market of European manufacturers.
            The impact of this legislation on the international
            competitiveness of Community firms is a complex issue and it is
            difficult to generalize. While it is true that higher
            manufacturing costs risk placing Community producers at a
            disadvantage in markets where noise concerns are not at present
            regarded as important, this has to be balanced by the following
            factors :
         a) where secondary insulation techniques are used, manufacturers can
            and do market "non" Community models without inclusion of an add-
            on "hush" kit.
 ---pagebreak---                                       - 15 -
          b) where engineering design solutions are sought this can lead to an
              international competitive advantage. In this context it should
              not be forgotten that international awareness of environmental
              issues is growing and it would be wrong to assume that other
              makers will never be influenced by noise legislation of the type
              proposed for the Community.
5.    Does the proposal contain measures to take account of the specific
      situation of small and medium sized firms (reduced or different
      requirements etc.) ?
              No - In a proposal establishing criteria for products in the
              context of the single market it is not appropriate to grant any
              exemption for small and medium sized firms .
Consultât ion
6.    List of the organizations which have been consulted about the proposal
      and outline of their main views.
      CECE (Committee for European Construction Equipment) : The CECE-
      representatives were invited and attended all meetings of the
      representatives of the Member States (expert group on noise and
      vibration from construction plant and equipment).
      The attitude of the representatives of the industry may described as
      ambivalent. On the one hand it is appreciated that such directives are
      necessary to guarantee free circulation of goods within the Member
      States, on the other hand there are vague fears whether all
      manufacturers will be able to meet the requirements. They submitted a
      revised proposal which was not, however, acceptable, since it
      essentially represented the current position. The rejection of this
      proposal was in agreement with the expert group of the Member States.
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                                                                     ISSN 0254-1475
                                                              COM(93) 154 final
                                                      DOCUMENTS
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                                                             ISBN 92-77-54556-9
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