CELEX: 51981PC0541
Language: en
Date: 1981-10-05
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE LIMITATION OF NOISE EMITTED BY HYDRAULIC AND ROPEOPERATED EXCAVATORS AND BY DOZERS, LOADERS AN EXCAVATOR-LOADERS

21. 11.81                            Official Journal of the European Communities                                No C 302/7
                                                                 II
                                                         (Preparatory Acts)
                                                  COMMISSION
              Amended proposal for a Council Directive on the limitation of noise emitted by hydraulic
                    and rope-operated excavators and by dozers, loaders and excavator-loaders (')
              (Submitted  to the Council by the Commission, pursuant to the second paragraph of
                                        Article 149 of the EEC Treaty on 9 October 1981)
 Original text:                                                         New text:
 Proposal for a Council Directive on the limitation                    Proposal for a Council Directive on the limitation
of noise emitted by hydraulic and rope-operated                        of noise emitted by hydraulic and rope-operated
          excavators and by dozers and loaders                         excavators and by dozers, loaders and excavator-
                                                                                                         loaders
                          C i t a t i o n s and t h e first t w o r e c i t a l s r e m a i n u n c h a n g e d
Third recital:
Whereas the disparity between the provisions already                   Whereas the disparity between the provisions already
 applicable in the various Member States concerning                    applicable in the various Member States concerning
the limitation of the sound emission level of hydraulic                the limitation of the sound emission level of hydraulic
 and rope-operated excavators and of dozers and                        and rope-operated excavators and of dozers, loaders
loaders directly affects the functioning of the                        and excavator-loaders directly affects the functioning
common market; whereas it is therefore appropriate                     of the common market; whereas it is therefore appro-
to carry out in this field the approximation of laws                   priate to carry out in this field the approximation of
for which Article 100 of the Treaty provides:                          laws for which Article 100 of the Treaty provides:
The fourth and fifth recitals remain unchanged. Sixt
and seventh recitals:
Whereas Council Directive 79/113/EEC of 19                             Whereas Council Directive 79/113/EEC of 19
December 1978 on the approximation of the laws of                      December 1978 on the approximation of the laws of
the Member States relating to the determination of                     the Member States relating to the determination of
the noise emission of construction plant and                           the noise emission of construction plant and
equipment (2), as amended by Directive . . . / . . ./EEC,              equipment (2), as amended by Directive . . . / . . ./EEC,
laid down the method which should be used for                          laid down the method which should be used for
establishing the acoustic criteria for hydraulic and                   establishing the acoustic criteria for hydraulic and
rope-operated excavators and for dozers and loaders;                   rope-operated excavators and for dozers, loaders and
                                                                       excavator-loaders;
Whereas owing to the effect of the noise emitted by                    Whereas owing to the effect of the noise emitted by
hydraulic and rope-operated excavators and by                          hydraulic and rope-operated excavators and by
dozers and loaders on the environment and, more                        dozers, loaders and excavator-loaders on the
(') OJNo C 356, 31. 12. 1980, p. 3.
O OJ No L 33, 8. 2. 1979, p. 15.                                       (*) OJNo L 33, 8. 2. 1979, p. 15.
 ---pagebreak--- No C 302/8                           Official Journal of the European Communities                                     21. 11.81
particularly, on human well-being and health, it is                     environment and, more particularly, on human well-
necessary to bring about a progressive and                              being and health, it is necessary to bring about a
appreciable reduction in the permissible sound                          progressive and appreciable reduction in the
emission level of hydraulic and rope-operated exca-                     permissible sound emission level of hydraulic and
vators and of dozers and loaders;                                       rope-operated excavators and of dozers, loaders and
                                                                        excavator-loaders;
                                        T h e eigth r e c i t a l r e m a i n s u n c h a n g e d
Ninth recital:
Whereas the measures in this Directive relate only to                   Whereas the measures in this Directive relate only to
noise emitted by hydraulic and rope-operated exca-                      noise emitted by hydraulic and rope-operated exca-
vators and to dozers and loaders, and whereas any                       vators and to dozers and excavator-loaders, and
provisions relating to exposure of operators to sound                   whereas any provisions relating to exposure of
pressure are not concerned by this Directive;                           operators to sound pressure are not concerned by this
                                                                        Directive;
                                       The tenth recital remains unchanged
Article 1 (1):
1.     This Directive applies to the permissible sound                  1.     This Directive applies to the permissible sound
power level of hydraulic and rope-operated exca-                        power level of hydraulic and rope-operated exca-
vators and of dozers and loaders, hereinafter called                    vators and of dozers, loaders and excavator-loaders,
'earth-moving machines', used to perform work on                        hereinafter called 'earth-moving machines', used to
civil engineering and building sites.                                   perform work on civil-engineering and building sites.
                                      A r t i c l e 1 (2) r e m a i n s u n c h a n g e d
Article 2 is amended by the addition of a new-                          unchanged
paragraph 4:
For the purposes of this Directive:
2.1. Hydraulic or rope-operated excavators
      are machines combining a self-propelled under-
      carriage with an upper structure which can
      swivel through more than 360°. The machine
      excavates, lifts, carries and dumps material by
      moving either a boom, an arm and bucket (as is
      the case with a face shovel or a backhoe) or a
      bucket controlled by the winding-gear (as is the
      case with a drag-line or a clamshell), the under-
      carriage remaining stationary during the
      machine's working cycle.
2.2. Dozers
      are self-propelled wheeled or crawler machines                    unchanged
      fitted in front with a blade which serves primarily
      to displace or spread materials.
2.3. Loaders
      are self-propelled wheeled or crawler machines                    unchanged
      fitted in front with a bucket. The machine loads,
      raises, transports and dumps material by
      combining its own movements and those of the
      bucket.
 ---pagebreak---  21. 1 1 . 8 1                       Official Journal of the European Communities                                        No C 302/9
                                                                            2.4. Excavator-loaders
                                                                                  are self-propelled wheeled or crawler machines,
                                                                                  designed to be fitted with a loading bucket at the
                                                                                  front and an excavating arm at the rear as
                                                                                  original equipment. The loading bucket loads,
                                                                                  raises, transports and dumps material by
                                                                                  combining its own movements with those of the
                                                                                  machine. The excavating arm excavates, raises
                                                                                  and dumps material by movements of the boom,
                                                                                  arm and bucket.
                                               A r t i c l e s 3 to 9 r e m a i n u n c h a n g e d
                                                                 ANNEX      I
Title:
Method of determining the airborne noise emitted by                        Method of determining the airborne noise emitted by
hydraulic and rope-operated excavators, dozers and loaders                 hydraulic and rope-operated excavators, dozers, loaders and
                                                                           excavator-loaders.
Scope:
                             Scope                                                                        Scope
This method of measurement is applicable to hydraulic and                  This method of measurement is applicable to hydraulic and
rope-operated excavators, dozers and loaders, hereinafter                  rope-operated excavators, dozers, loaders and excavator-
called earth-moving machines. It lays down the test pro-                   loaders, hereinafter called earth-moving machines. It lavs
cedures for determining the sound power level of such                      down the test procedures for determining the sound power
construction plant with a view to EEC type-approval, EEC                   level of such construction plant with a view to EEC type-
verification and checking for conformity.                                  approval, EEC verification and checking for conformity.
                                          Scope, second paragraph, remains unchanged
                                              P o i n t 4 and p o i n t 6.2 r e m a i n u n c h a n g e d
Point 6.2.1.:
6.2.1. The test shall be carried out with the earth-moving                 first paragraph remains unchanged
machine stationary and the engine running at its rated
speed ( l ), without operating the working equipment or
travelling mechanism.
The rated speed shall be set by the manufacturer. The                      The rated speed shall be set by the manufacturer. The
bucket of the excavator or loader, or the blade of the dozer,              working equipment (bucket or blade) on earth-moving
shall be positioned at a height of 300 ± 50 mm above the                   machines shall be positioned at a height of 300 ± 50 mm
ground or at its maximum height if the former height cannot                above the ground or at its maximum height if the former
be attained. The plane formed by the edges of the bucket                   height cannot be attained.
(excluding the teeth) or the blade must be more or less
parallel to the ground (transport position).
                                                                          When measurements are being taken, the excavating arm
                                                                           shall be in the retracted position.
                                          T h e rest of A n n e x I r e m a i n s u n c h a n g e d
 ---pagebreak--- No C 302/10                              Official Journal of the European Communities                                             2 1 . 11.81
                                                                 ANNEX      II
Title:
Method of measuring the airborne noise generated by                         Method of measuring the airborne noise generated by
hydraulic and rope-operated excavators, dozers and loaders                  hydraulic and rope-operated excavators, dozers, loaders and
                   at the operator's position                                          excavator-loaders at the operator's position
Scope:
                             Scope                                                                        Scope
This method of measurement applies to hydraulic and rope-                   This method of measurement applies to hydraulic and rope-
operated excavators, dozers and loaders, hereinafter called                  operated excavators, dozers, loaders and excavator-loaders,
earth-moving machines. It lays down the test procedures for                  hereinafter called earth-moving machines. It lays down the
determining the equivalent continuous sound pressure level                  test procedures for determining the equivalent continuous
at the operator's position.                                                  sound pressure level at the operator's position.
                                        T h e rest of the A n n e x r e m a i n s u n c h a n g e d
                                        A n n e x e s I I I , IV a n d V r e m a i n u n c h a n g e d
                                                                    Figure 1