COUNCIL DIRECTIVE of 25 June 1987 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 (87/405/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 provisions, the purpose of which is to limit noise at operators' positions, and methods of  measuring airborne noise differ from one Member State to another, which means that, when applied to  tower cranes, they constitute a barrier to trade in such cranes; whereas such provisions should  therefore be approximated;
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 emissions of construction plant and  equipment(4), as last amended Directive 85/405/EEC(5), laid down, in particular, the method to be  used for determining airborne noise emitted at the operator's position by a tower crane;
Whereas Article 8 of Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work(6)  lays down that Member States shall take appropriate measures in this field;
Whereas, at the Council meeting held on 18 and 19 December 1978, the Ministers for the Environment  stated that the technical provisions for the measurement of airborne noise emitted at the  operator's position should appear in the Annexes to the separate directives for each machine in  question;
Whereas all the technical provisions required to determine the noise emission of tower cranes  should be consolidated in one directive ; whereas Directive 84/534/EEC(7) should be amended  accordingly,
Directive 84/534/EEC is hereby amended as follows:
1.Article 1 (1) is replaced by the following text:
'1.  This Directive shall apply to the permissible sound power level of airborne noise emitted into  the environment and the permissible sould pressure level of airborn noise emitted at the operator's  position for tower cranes used to perform work on industrial and building sites.' 2.Article 3 (1) shall be replaced by the following:
1.  The approved bodies shall issue an EEC-type examination certificate for -each type of tower crane for which the sound power level of airborne noise emitted into the  environment, measured under the conditions set out in Annex I to Directive 79/113/EEC, as amended  by Annex I to this Directive, does not exceed the permissible sound power levels given in the  following table:
>TABLE>
-each type of tower crane with an operator's position fixed to the structure of  the tower crane, for which the sound pressure level of airborne noise, in dB(A), measured at the  operator's position under the conditions set out in Annex II to Council Directive 79/113/EEC, as  supplemented by Annex Ia to this Directive, does not exceed the permissible level given in the  following table:
>TABLE>
3.Article 3 (7) is replaced by the following:
'7.  Each tower crane built in accordance with the type certified by EEC type-examination shall  bear a clear and permanent mark indicating the sound power level in dB(A) referenced to 1pW and, in  the case of a type of tower crane with an operator's position fixed to the structure of the tower  crane, the sound pressure level in dB (A) referenced to 20 ìPa, both as guaranteed by the  manufacturer and determined as laid down in Annexes I and II to Directive 79/113/EEC, as last  amended by Directive 85/405/EEC and supplemented by Annexes I and IIa to this directive, together  with the symbol aa (epsilon). The models for these marks are given in Annex III to this Directive.' 4.Article 7 is replaced by the following:
'Article 7 Before the second stage enters into force, the Council shall act on the proposal for a reduction,  as from 1 July 1995, in noise levels at the operator's position, which the Commission will submit  in due course.' 5.A new Annex Ia is added, the text of which is given in Annex I to this Directive.
6.Annex III is replaced by the text in Annex II to this Directive.
1.  Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive upon expiry of a period of 24 months following its notification(1). They shall forthwith inform the Commission thereof.
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 Directive.
This Directive is addressed to the Member States.