Article 1 Objectives
The aim of this Directive is to harmonise the laws of the Member States relating to noise emission standards, conformity assessment procedures, marking, technical documentation and collection of data concerning the noise emission in the environment of equipment for use outdoors. It will contribute to the smooth functioning of the internal market, while protecting human health and well-being.
Article 2 Scope
1. This Directive applies to equipment for use outdoors listed in Articles 12 and 13 and defined in Annex I. This Directive only covers equipment that is placed on the market or put into service as an entire unit suitable for the intended use. Non-powered attachments that are separately placed on the market or put into service shall be excluded, except for hand-held concrete-breakers and picks and for hydraulic hammers. 2. The following shall be excluded from the scope of this Directive: — all equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways, — equipment specially designed and constructed for military and police purposes and for emergency services.
Article 3 Definitions
For the purpose of this Directive the following definitions shall apply: (a) ‘equipment for use outdoors’ means all machinery defined in Article 1(2) of Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery ( 17 ) which is either self-propelled or can be moved and which, irrespective of the driving element(s), is intended to be used, according to its type, in the open air and which contributes to environmental noise exposure. The use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance under tents, under roofs for protection against rain or in the shell of houses) is regarded as use in the open air. It also means non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure. All these types of equipment are hereinafter referred to as ‘equipment’; (b) ‘conformity assessment procedures’ means the procedures laid down in Annexes V to VIII, based on Decision 93/465/EEC; (c) ‘marking’ means the visibly, legibly and indelibly affixing on the equipment of the CE marking defined in Decision 93/465/EEC accompanied by the indication of the guaranteed sound power level; (d) ‘sound power level L WA ’ means the A-weighted sound power in dB in relation to 1 pW as defined in EN ISO 3744:1995 and EN ISO 3746:1995; (e) ‘measured sound power level’ means a sound power level as determined from measurements as laid down in Annex III; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines; (f) ‘guaranteed sound power level’ means a sound power level determined in accordance with the requirements laid down in Annex III which includes the uncertainties due to production variation and measurement procedures and where the manufacturer, or his authorised representative established in the Community, confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded.
Article 4 Placing on the market
1. Equipment referred to in Article 2(1) shall not be placed on the market or put into service until the manufacturer, or his authorised representative established in the Community, ensures that: — the equipment satisfies the requirements concerning the noise emission in the environment of this Directive, — the conformity assessment procedures referred to in Article 14 have been completed, — the equipment bears CE marking and the indication of the guaranteed sound power level and is accompanied by an EC declaration of conformity. 2. Where neither the manufacturer nor his authorised representative is established in the Community, the obligations of this Directive shall apply to any person placing the equipment on the market or putting it into service in the Community.
Article 5 Market surveillance
1. Member States shall take appropriate measures to ensure that equipment referred to in Article 2(1) may be placed on the market or put into service only if it conforms to the provisions of this Directive, bears the CE marking and the indication of the guaranteed sound power level and is accompanied by an EC declaration of conformity. 2. The competent authorities of the Member States shall assist each other in fulfilment of their obligations to carry out market surveillance.
Article 6 Free movement
1. Member States shall not prohibit, restrict or impede the placing on the market or putting into service in their territory of equipment referred to in Article 2(1) which complies with the provisions of this Directive, bears the CE marking and the indication of the guaranteed sound power level and is accompanied by an EC declaration of conformity. 2. At trade fairs, exhibitions, demonstrations, and similar events, Member States shall not prevent the showing of equipment referred to in Article 2(1) which does not conform to the provisions of this Directive, provided that a visible sign clearly indicates that such equipment does not conform and that it is not placed on the market or put into service until it has been brought into conformity by the manufacturer or his authorised representative established in the Community. During demonstrations adequate safety measures shall be taken to ensure the protection of persons.
Article 7 Presumption of conformity
Member States shall presume that equipment referred to in Article 2(1) bearing the CE marking and the indication of the guaranteed sound power level and which is accompanied by the EC declaration of conformity conforms to all the provisions of this Directive.
Article 8 EC Declaration of conformity
1. The manufacturer, or his authorised representative established in the Community, of equipment referred to in Article 2(1) shall, in order to certify that an item of equipment is in conformity with the provisions of this Directive, draw up an EC declaration of conformity for each type of equipment manufactured; the minimum content of this declaration of conformity is laid down in Annex II. 2. A Member State may require that the declaration of conformity be drawn up in or translated into the official Community language or languages determined by the Member State when equipment is placed on the market or put into service in its territory. 3. The manufacturer, or his authorised representative established in the Community, of equipment referred to in Article 2(1) shall keep a specimen of the EC declaration of conformity for 10 years from the date on which the equipment was last manufactured, together with the technical documentation as provided for in Annex V point 3, Annex VI point 3, Annex VII point 2, Annex VIII points 3.1 and 3.3.
Article 9 Non-compliance of equipment
1. Where a Member State ascertains that equipment referred to in Article 2(1) which is placed on the market or put into service does not comply with the requirements of this Directive, it shall take all appropriate measures so that the manufacturer or his authorised representative established in the Community shall bring the equipment into conformity with the provisions of this Directive. 2. Where (a) the limit values referred to in Article 12 are exceeded; or (b) non-compliance with other provisions of this Directive continues despite measures taken under paragraph 1; the Member State concerned shall take all appropriate measures to restrict or prohibit the placing on the market or putting into service of the equipment in question or to ensure that it is withdrawn from the market. The Member State shall immediately inform the Commission and the other Member States of such measures. 3. The Commission shall enter into consultations with the parties concerned as soon as possible. Where, after such consultation, the Commission finds that: — the measures are justified, it shall immediately so inform the Member State which took the initiative and the other Member States, — the measures are unjustified, it shall immediately so inform the Member State which took the initiative, the other Member States and the manufacturer or his authorised representative established in the Community. 4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.
Article 10 Legal remedies
Any measure taken by a Member State pursuant to this Directive which restricts the placing on the market or putting into service of equipment covered by this Directive shall state the exact reasons on which it is based. Such a measure taken shall be notified as soon as possible to the party concerned, who shall at the same time be informed of the legal remedies available to him under the laws in force in the Member State concerned and of the time limits to which such remedies are subject.
Article 11 Marking
1. Equipment referred to in Article 2(1) placed on the market or put into service which complies with the provisions of this Directive shall bear the CE marking of conformity. The marking shall consist of the initials ‘CE’. The form of the marking to be used is shown in Annex IV. 2. The CE marking shall be accompanied by the indication of the guaranteed sound power level. A model of this indication is given in Annex IV. 3. The CE marking of conformity and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment. 4. The affixing of markings or inscriptions on the equipment which are likely to be misleading with regard to the meaning or the CE marking or to the indication of the guaranteed sound power level shall be prohibited. Any other marking may be affixed to the equipment, provided that the visibility and legibility of the CE marking and the indication of the guaranteed sound power level is not thereby reduced. 5. Where the equipment referred to in Article 2(1) is subject to other directives concerning other aspects and which also provide for the affixing of the CE marking, the marking shall indicate that such equipment also fulfils the provisions of those directives. However, should one or more of these directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate that the equipment only fulfils the provisions of the directives applied by the manufacturer. In this case the particulars of those directives, as published in the Official Journal of the European Communities , must be given in the documents, notices or instructions required by those directives and accompanying such equipment.
Article 12 Equipment subject to noise limits
The guaranteed sound power level of equipment listed below shall not exceed the permissible sound power level as laid down in the following tables of limit values: — builders' hoists for the transport of goods (combustion-engine driven) — Definition: Annex I, item 3. Measurement: Annex III, Part B, item 3 — builders' hoists for the transport of goods (combustion-engine driven) — Definition: Annex I, item 3. Measurement: Annex III, Part B, item 3 Definition:
Article 13 Equipment subject to noise marking only
The guaranteed sound power level of equipment listed below shall be subject to noise marking only: — aerial access platforms with combustion engine — Definition: Annex I, item 1. Measurement: Annex III, Part B, item 1 — aerial access platforms with combustion engine — Definition: Annex I, item 1. Measurement: Annex III, Part B, item 1 Definition:
Article 14 Conformity assessment
1. Before placing on the market or putting into service any equipment referred to in Article 12 the manufacturer, or his authorised representative established in the Community, shall subject each type of equipment to one of the following conformity assessment procedures: — the internal control of production with assessment of technical documentation and periodical checking procedure referred to in Annex VI, or — the unit verification procedure referred to in Annex VII, or — the full quality assurance procedure referred to in Annex VIII. 2. Before placing on the market or putting into service any equipment referred to in Article 13 the manufacturer, or his authorised representative established in the Community, shall subject each type of equipment to the internal control of production procedure referred to in Annex V. 3. Member States shall ensure that the Commission and any other Member State may, on a reasoned request, obtain all information used during the conformity assessment procedure concerning a type of equipment and in particular the technical documentation provided for in Annex V item 3, Annex VI item 3, Annex VII item 2, Annex VIII items 3.1 an 3.3.
Article 15 Notified bodies
1. Member States shall appoint bodies under their jurisdiction to carry out or supervise the conformity assessment procedures referred to in Article 14(1). 2. Member States shall appoint only such bodies which comply with the criteria set out in Annex IX. The fact that a body complies with the criteria of Annex IX to this Directive does not mean that a Member State is obliged to appoint that body. 3. Each Member State shall notify the Commission and the other Member States of the bodies which they have appointed, together with the specific tasks and examination procedures which these bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission. 4. The Commission shall publish a list of the notified bodies in the Official Journal of the European Communities along with their identification numbers and the tasks for which they have been appointed. The Commission shall ensure that the list is kept up to date. 5. A Member State must withdraw its notification if it finds that the body no longer meets the criteria referred to in Annex IX. It shall forthwith inform the Commission and the other Member States accordingly.
Article 16 Collection of noise data
1. Member States shall take the measures necessary to ensure that the manufacturer, or his authorised representative established in the Community, shall send to the responsible authority of the Member State where he resides or where he places on the market or puts into service the equipment referred to in Article 2(1) and to the Commission a copy of the EC declaration of conformity for each type of equipment referred to in Article 2(1). 2. The Commission shall collect the data made available in accordance with paragraph 1 for all equipment. 3. Member States may, on request, obtain the collected data from the Commission. 4. The Commission shall publish the relevant information periodically, preferably annually. These publications shall at least contain the following data for each type or model of equipment: — the net installed power or any other noise related value — the measured sound power level — the guaranteed sound power level — equipment description — manufacturer and/or brand name — model number/name
Article 17 Regulation of use
The provisions of this Directive shall not prevent Member States' entitlement to lay down, in due observance of the Treaty: — measures to regulate the use of equipment referred to in Article 2(1) in areas which they consider sensitive, including the possibility of restricting the working hours of the equipment, — such requirements as they may deem necessary to ensure that persons are protected when using the equipment in question, provided that this does not mean that the equipment is modified in a way not specified in this Directive.
Article 18 Committee
1. The Commission shall be assisted by a Committee. 2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 18a 
The Commission shall adopt implementing measures for the adaptation to technical progress of Annex III, provided they do not have any direct impact on the measured sound power level of equipment listed in Article 12, in particular through the inclusion of references to relevant European standards. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2).
Article 19 Committee powers
The Committee shall: (a) exchange information and experiences concerning the implementation and practical application of this Directive and discuss matters of common interest in those fields; (b) assist the Commission in the adaptation to technical progress of Annex III; (c) provide advice to the Commission with respect to the conclusions and amendments referred to in Article 20(2).
Article 20 Reports
1. Not later than 3 January 2007 and every four years thereafter, the Commission shall submit to the European Parliament and to the Council a report concerning the Commission's experience in the implementation and administration of this Directive. The report shall in particular contain: (a) a review of the noise data collected in accordance with Article 16 and other appropriate information; (b) a statement of the need for revision of the lists in Articles 12 and 13, especially whether new equipment should be added in either Article 12 or Article 13 or equipment should be transferred from Article 13 to Article 12; (c) a statement of the need and the possibilities for revision of the limit values laid down in Article 12 taking into account technological development; (d) a statement setting out an integrated range of instruments to be used in continuing the reduction of noise by equipment. 2. After having held all the necessary consultations, in particular with the Committee, the Commission shall on that occasion present its conclusions and where appropriate any amendment to this Directive.
Article 21 Repeal
1. Directives 79/113/EEC, 84/532/EEC, 84/533/EEC, 84/534/EEC, 84/535/EEC, 84/536/EEC, 84/537/EEC, 84/538/EEC and 86/662/EEC shall be repealed on 3 January 2002. 2. Type-examination certificates issued and measurements of equipment carried out under the Directives mentioned in paragraph 1 may be used in drawing up the technical documentation provided for in Annex V point 3, Annex VI point 3, Annex VII point 2, Annex VIII points 3.1 and 3.3 of this Directive.
Article 22 Transposition and date of application
1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive no later than 3 July 2001. They shall forthwith inform the Commission thereof. 2. Member States shall apply these measures with effect from 3 January 2002. However, Member States shall allow the manufacturer, or his authorised representative established in the Community, to avail himself of the provisions of this Directive as from 3 July 2001. 3. With regard to the reduced permissible sound power levels of stage II referred to in Article 12, these provisions shall apply with effect from 3 January 2006. 4. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 5. 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 23 Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities .
Article 24 Addressees of the Directive
This Directive is addressed to the Member States.