Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

JurisdictionUK Non-devolved
CitationSI 2001/1701

2001No. 1701

ENVIRONMENTAL PROTECTION

The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001

3rdMay2001

3rdMay2001

4thJune2001

Remaining regulations

3rdJuly2001

The Secretary of State, being a Minister designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to measures relating to noise emission in the environment by equipment for use outdoors, in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations:

Citation, commencement and revocation

1. - (1) These Regulations may be cited as the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001.

(2) This regulation, regulations 2 and 14 shall come into force on 4th June 2001, except that regulation 2(1)(b) shall not have effect until the date of the coming into force of the Decision by the EEA Joint Committee by which the application of the Directive is extended to the EEA.

(3) The remaining regulations shall come into force on 3rd July 2001.

(4) The Construction Plant and Equipment (Harmonization of Noise Emission Standards) Regulations 1985( 3), the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988( 4), the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992( 5) and the Construction Plant and Equipment (Noise Emission) Regulations (Northern Ireland) 1987( 6) are revoked with effect from 3rd January 2002.

Interpretation

2. - (1) In these Regulations -

(a) "the Directive" means Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors( 7);(b) except for the references to the European Communities in the definition of "the Commission" and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State: for this purpose - (i) the "EEA" means the European Economic Area;(ii) an "EEA State" means a State which is a Contracting Party to the EEA Agreement; and(iii) the "EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993( 8); and (c) unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference - (i) to a paragraph in a regulation is a reference to a paragraph in that regulation;(ii) to an Annex is a reference to an Annex of the Directive: for the purposes of these Regulations, Annexes I, II, III, IV, V, VI, VII and VIII are respectively set out in Schedules 4, 5, 6, 7, 8, 9, 10 and 11;(iii) to a paragraph in an Annex is a reference to a paragraph in that Annex as set out in the relevant Schedule;(iv) to an Article is a reference to an Article of the Directive.

(2) In these Regulations, unless the context otherwise requires -

"CE marking" means the CE marking referred to in regulation 11 consisting of the initials "CE" in the form shown in Schedule 7;

"the Commission" means the Commission of the European Communities;

"enforcement authority" shall be construed in accordance with paragraph 1(1) of Schedule 13;

"equipment" means equipment for use outdoors;

"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 22nd June 1998 on the approximation of the laws of the Member States relating to machinery( 9), that is to say;

- an assembly of linked parts or components, at least one of which moves, with the appropriate actuators, control and power circuits, and so on, joined together for a specific application, in particular for the processing, treatment, moving or packaging of a material, or

- an assembly of machines which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole, or

- interchangeable equipment modifying the function of a machine, which is placed on the market for the purpose of being assembled with a machine or a series of different machines or with a tractor by the operator himself insofar as this equipment is not a spare part or a tool;

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, including 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;

"indication of the guaranteed sound power level" means the indication referred to in regulation 11 in the form shown in Schedule 7;

"open air" includes 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);

"responsible person" means

(a) the manufacturer;(b) the manufacturer's authorised representative established in the Community; or(c) where neither the manufacturer nor his authorised representative is established in the Community, the person placing the equipment on the market or putting it into service in the Community;

"guaranteed sound power level" means a sound power level determined in accordance with the requirements laid down in Schedule 6 which includes the uncertainties due to production variation and measurement procedures and where the responsible person confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;

"measured sound power level" means a sound power level as determined from measurements as laid down in Schedule 6; 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;

"notified body" shall be construed in accordance with regulation 13;

"sound power level Lwa" means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995( 10) and EN ISO 3746: 1995( 11).

Application

3. - (1) Subject to regulations 4, 5 and 6, these Regulations shall apply to equipment listed in Schedules 1 and 2, as further defined in Schedule 4.

(2) These Regulations shall apply, and the provisions of paragraphs 1.5.8 and 1.7.4(f) of Schedule 3 to the Supply of Machinery (Safety) Regulations 1992( 12) shall not apply, to any equipment listed in Schedules 1 and 2, as further defined in Schedule 4.

Excluded equipment

4. These Regulations shall not apply to -

(a) non-powered attachments separately placed on the market or put into service except for hand-held concrete breakers and picks and those for hydraulic hammers;(b) all equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways; or(c) equipment specially designed and constructed for military and police purposes and for emergency services

5. These Regulations shall not apply to equipment placed on the market before 3rd July 2001.

6. - (1) Subject to paragraph (2), these Regulations shall not apply to equipment placed on the market or put into service on or before 2nd January 2002 which comply with any provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 2nd July 2001.

(2) The exclusion provided in paragraph (1) shall not apply in the case of equipment which -

(a) unless required to bear the CE marking pursuant to any other Community obligation, bears the CE marking or an inscription liable to be confused with it; or(b) bears or is accompanied by any other indication, howsoever expressed, that it complies with the Directive.

General duty relating to placing on the market or putting into service

7. - (1) Subject to regulation 8, no person, who is a responsible person, shall place on the market or put into service any equipment listed in Schedules 1 and 2 and further defined in Schedule 4 unless the requirements of paragraph (2) have been complied with in relation to it.

(2) The requirements in respect of equipment described in paragraph (1) are that:

(a) it satisfies the relevant requirements set out in regulation 8;(b) the appropriate conformity assessment procedure referred to in regulation 10 has been completed in relation to it;(c) it bears the CE marking and the indication of the guaranteed sound power level in accordance with regulation 11; and(d) it is accompanied by an EC declaration of conformity the minimum content of which is set out in Schedule 5.

(3) In respect of equipment to be placed on the market or put into service in the United Kingdom, the declaration of conformity shall be in English.

(4) A specimen of the declaration of conformity shall be retained by the responsible person for 10 years from the date on which the type of equipment was last manufactured, together with the technical documentation as provided for in Schedule 8 point 3, Schedule 9 point 3, Schedule 10 point 2, and Schedule 11 points 3.1 and 3.3.

(5) Type-examination certificates issued and measurements of equipment carried out under the Regulations listed in regulation 1(4) may be used in drawing up the technical documentation referred to in paragraph (4) above.

(6) Paragraph (1) shall only apply to equipment that is placed on the market or put into service as an entire unit suitable for the intended use of that equipment.

Permissible sound power level of equipment

8. - (1) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 1 and defined in Schedule 4 are that the guaranteed sound power level does not exceed the...

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