Council Directive 86/662/EEC of 22 December 1986 on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator- loaders

COUNCIL DIRECTIVE of 22 December 1986 on the limitation of noise emitted by hydraulic  excavators, rope-operated excavators, dozers, loaders and excavator-loaders (86/662/EEC)
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(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the 1973(4) and 1977(5) action programmes of the European Communities on the environment  highlight the importance of the problem of noise nuisance and, in particular, the need for action  to regulate the worst noise sources;
Whereas, during the Council meeting of 18 and 19 December 1978, the Ministers for the Environment  declared that the technical requirements relating to the measurement of noise at the operator's  position would have to be included in the Annexes to the special Directives on each type of  equipment under consideration;
Whereas the disparity between the provisions applicable in the various Member States concerning the  limitation of the sound emission level of hydraulic and rope-operated excavators and of dozers and  excavator-loaders directly affects the functioning of the common market; whereas it is therefore  appropriate to carry out in this field the approximation of laws for which Article 100 of the  Treaty provides;
Whereas Council Directive 84/532/EEC of 17 September 1984 on the approximation of the laws of the  Member States relating to common provisions for construction plant and equipment(6) laid down,  inter alia, the procedures for EEC type-approval verification; whereas it is necessary, pursuant to  that Directive, to prescribe the harmonized requirements which each category of equipment must  satisfy;
Whereas Council Directive 79/113/EEC of 19 December 1978 on the approximation of the laws of the  Member States relating to the determination of the noise emission of construction plant and  equipment(7), as amended by Directive 81/1051/EEC(8), laid down the method which should be used for  establishing the acoustic criteria for hydraulic and rope-operated excavators and for dozers,  loaders and excavator-loaders;
Whereas, owing to the effect of the noise emitted by hydraulic and rope-operated excavators and by  dozers, loaders and excavator-loaders on the environment and, more particularly, on human  well-being and health, it is necessary to bring about a progressive and appreciable reduction in  the permissible sound emission level of hydraulic and rope-operated excavators and of dozers,  loaders and excavator loaders;
Whereas it is appropriate to set a sound emission level applicable when this Directive comes into  force and to make these provisions more stringent on a gradual basis;
Whereas it is appropriate to publish, for information purposes, the sound-power level and the  sound-pressure level at the operator's position;
Whereas the technical provisions must be supplemented and rapidly adapted to technical progress;  whereas, to this end, provision should be made for application of the procedure defined in Article  5 of Directive 79/113/EEC,