Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors

Directive 2000/14/EC of the European Parliament and of the Councilof 8 May 2000on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors

Article 1ObjectivesThe 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 2Scope1.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 3DefinitionsFor 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 machineryOJ L 207, 23.7.1998, p. 1. Directive as amended by Directive 98/79/EC (OJ L 331, 7.12.1998, p. 1). 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 LWA" 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 4Placing on the market1.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 5Market surveillance1.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 6Free movement1.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 7Presumption of conformityMember 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 8EC Declaration of conformity1.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 9Non-compliance of equipment1.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 10Legal remediesAny 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 11Marking1.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 12Equipment subject to noise limitsThe 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 3compaction machines (only vibrating and non-vibrating rollers, vibratory plates and vibratory rammers)Definition:Annex I, item 8. Measurement: Annex III, Part B, item 8compressors (< 350 kW)Definition:Annex I, item 9. Measurement: Annex III, Part B, item 9concrete-breakers and picks, hand-heldDefinition:Annex I, item 10. Measurement: Annex III, Part B, item 10construction winches (combustion-engine driven)Definition:Annex I, item 12. Measurement: Annex III, Part B, item 12dozers (< 500 kW)Definition:Annex I, item 16. Measurement: Annex III, Part B, item 16dumpers (< 500 kW)Definition:Annex I, item 18. Measurement: Annex III, Part B, item 18excavators, hydraulic or rope-operated (< 500 kW)Definition:Annex I, item 20. Measurement: Annex III, Part B, item 20excavator-loaders (< 500 kW)Definition:Annex I, item 21. Measurement: Annex III, Part B, item 21graders (< 500 kW)DefinitieAnnex I, item 23. Measurement: Annex III, Part B, item 23hydraulic power packsDefinition:Annex I, item 29. Measurement: Annex III, Part B, item 29landfill compactors, loader-type with bucket (< 500 kW)Definition:Annex I, item 31. Measurement: Annex III, Part B, item 31lawnmowers (excluding agricultural and forestry equipment, and multi-purpose devices, the main motorised component of which has an installed power of more than 20 kW))Definition:Annex I, item 32. Measurement: Annex III, Part B, item 32lawn trimmers/lawn edge trimmersDefinition:Annex I, item 33; Measurement: Annex III, Part B, item 33lift trucks, combustion-engine driven, counterbalanced (excluding "other counterbalanced lift trucks" as defined in Annex I, item 36, second indent with a rated capacity of not more than 10 tonnes)Definition:Annex I, item 36. Measurement: Annex III, Part B, item 36loaders (< 500 kW)Definition:Annex I, item 37. Measurement: Annex III, Part B, item 37mobile cranesDefinition:Annex I, item 38. Measurement: Annex III, Part B, item 38motor hoes (< 3 kW)Definition:Annex I, item 40. Measurement: Annex III, Part B, item 40paver-finishers (excluding paver-finishers equipped with a high-compaction screed)Definition:Annex I, item 41. Measurement: Annex III, Part B, item 41power generators (< 400 kW)DefinitionAnnex I, item 45. Measurement: Annex III, Part B, item 45tower cranesDefinition:Annex I, item 53. Measurement: Annex III, Part B, item 53welding generatorsDefinition:Annex I, item 57. Measurement: Annex III, Part B, item 57.

Pel for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer.Pel for power generators: prime power according to ISO 8528-1:1993, clause 13.3.2The figures for stage II are merely indicative for the following types of equipment:walk-behind vibrating rollers;vibratory plates (> 3kW);vibratory rammers;dozers (steel tracked);loaders (steel tracked > 55 kW);combustion-engine driven counterbalanced lift trucks;compacting screed paver-finishers;hand-held internal combustion-engine concrete-breakers and picks (15 < m < 30)lawnmowers, lawn trimmers/lawn-edge trimmers.Definitive figures will depend on amendment of the Directive following the report required in Article 20(1). In the absence of any such amendment, the figures for stage I will continue to apply for stage II.For single-engine mobile cranes, the figures for stage I shall continue to apply until 3 January 2008. After that date, stage II figures shall apply.The permissible sound power level shall be rounded up or down to the nearest integer number (less than 0,5, use lower number; greater than or equal to 0,5, use higher number)

Type of equipment	Net installed power P (in kW)Electric power Pel in kWMass of appliance m in kgCutting width L in cm	Permissible sound power level in dB/1 pW
		Stage I as from 3 January 2002	Stage II as from 3 January 2006
Compaction machines (vibrating rollers, vibratory plates, vibratory rammers)	P ≤ 8	108	105
	8 < P ≤ 70	109	106
	P > 70	89 + 11 lg P	86 + 11 lg P
Tracked dozers, tracked loaders, tracked excavator-loaders	P ≤ 55	106	103
	P > 55	87 + 11 lg P	84 + 11 lg P
Wheeled dozers, wheeled loaders, wheeled excavator-loaders, dumpers, graders, loader-type landfill compactors, combustion-engine driven counterbalanced lift trucks, mobile cranes, compaction machines (non-vibrating rollers), paver-finishers, hydraulic power packs	P ≤ 55	104	101
	P > 55	85 + 11 lg P	82 + 11 lg P
Excavators, builders’ hoists for the transport of goods, construction winches, motor hoes	P ≤ 15	96	93
	P > 15	83 + 11 lg P	80 + 11 lg P
Hand-held concrete-breakers and picks	m ≤ 15	107	105
	15 < m < 30	94 + 11 lg m	92 + 11 lg m
	m ≥ 30	96 + 11 lg m	94 + 11 lg m
Tower cranes		98 + lg P	96 + lg P
Welding and power generators	Pel ≤ 2	97 + lg Pel	95 + lg Pel
	2 < Pel ≤ 10	98 + lg Pel	96 + lg Pel
	Pel > 10	97 + lg Pel	95 + lg Pel
Compressors	P ≤ 15	99	97
	P > 15	97 + 2 lg P	95 + 2 lg P
Lawnmowers, lawn trimmers/lawn-edge trimmers	L ≤ 50	96	94
	50 < L ≤ 70	100	98
	70 < L ≤ 120	100	98
	L > 120	105	103

Article 13Equipment subject to noise marking onlyThe guaranteed sound power level of equipment listed below shall be subject to noise marking only:aerial access platforms with combustion engineDefinition:Annex I, item 1. Measurement: Annex III, Part B, item 1brush cuttersDefinition:Annex I, item 2; Measurement: Annex III, Part B, item 2builders' hoists for the transport of goods (with electric motor)Definition:Annex I, item 3. Measurement: Annex III, Part B, item 3building site band saw machinesDefinition:Annex I, item 4. Measurement: Annex III, Part B, item 4building site circular saw benchesDefinition:Annex I, item 5. Measurement: Annex III, Part B, item 5chain saws, portableDefinition:Annex I, item 6. Measurement: Annex III, Part B, item 6combined high pressure flushers and suction vehiclesDefinition:Annex I, item 7. Measurement: Annex III, Part B, item 7compaction machines (explosion rammers only)Definition:Annex I, item 8. Measurement: Annex III, Part B, item 8concrete or mortar mixersDefinition:Annex I, item 11. Measurement: Annex III, Part B, item 11construction winches (with electric motor)Definition:Annex I, item 12. Measurement: Annex III, Part B, item 12conveying and spraying machines for concrete and mortarDefinition:Annex I, item 13. Measurement: Annex III, Part B, item 13conveyor beltsDefinition:Annex I, item 14. Measurement: Annex III, Part B, item 14cooling equipment on vehiclesDefinition:Annex I, item 15. Measurement: Annex III, Part B, item 15drill rigsDefinition:Annex I, item 17. Measurement: Annex III, Part B, item 17equipment for loading and unloading silos or tanks on trucksDefinition:Annex I, item 19. Measurement: Annex III, Part B, item 19glass recycling containersDefinition:Annex I, item 22. Measurement: Annex III, Part B, item 22grass trimmers/grass edge trimmersDefinition:Annex I, item 24. Measurement: Annex III, Part B, item 24hedge trimmersDefinition:Annex I, item 25. Measurement: Annex III, Part B, item 25high pressure flushersDefinition:Annex I, item 26. Measurement: Annex III, Part B, item 26high pressure water jet machinesDefinition:Annex I, item 27. Measurement: Annex III, Part B, item 27hydraulic hammersDefinition:Annex I, item 28. Measurement: Annex III, Part B, item 28joint cuttersDefinition:Annex I, item 30. Measurement: Annex III, Part B, item 30leaf blowersDefinition:Annex I, item 34. Measurement: Annex III, Part B, item 34leaf collectorsDefinition:Annex I, item 35. Measurement: Annex III, Part B, item 35lift trucks, combustion-engine driven, couterbalanced (only "other counterbalanced lift trucks" as defined in Annex I, item 36, second indent, with a rated capacity of not more than 10 tonnes)Definition:Annex I, item 36. Measurement: Annex III, Part B, item 36mobile waste containersDefinition:Annex I, item 39. Measurement: Annex III, Part B, item 39paver-finishers (equipped with a high-compaction screed)Definition:Annex I, item 41. Measurement: Annex III, Part B, item 41piling equipmentDefinition:Annex I, item 42. Measurement: Annex III, Part B, item 42pipelayersDefinition:Annex I, item 43. Measurement: Annex III, Part B, item 43piste caterpillarsDefinition:Annex I, item 44. Measurement: Annex III, Part B, item 44power generators (≥ 400 kW)Definition:Annex I, item 45. Measurement: Annex III, Part B, item 45power sweepersDefinition:Annex I, item 46. Measurement: Annex III, Part B, item 46refuse collection vehiclesDefinition:Annex I, item 47. Measurement: Annex III, Part B, item 47road milling machinesDefinition:Annex I, item 48. Measurement: Annex III, Part B, item 48scarifiersDefinition:Annex I, item 49. Measurement: Annex III, Part B, item 49shredders/chippersDefinition:Annex I, item 50. Measurement: Annex III, Part B, item 50snow-removing machines with rotating tools (self-propelled, excluding attachments)Definition:Annex I, item 51. Measurement: Annex III, Part B, item 51suction vehiclesDefinition:Annex I, item 52. Measurement: Annex III, Part B, item 52trenchersDefinition:Annex I, item 54. Measurement: Annex III, Part B, item 54truck mixersDefinition:Annex I, item 55. Measurement: Annex III, Part B, item 55water pump units (not for use under water)Definition:Annex I, item 56. Measurement: Annex III, Part B, item 56.

Article 14Conformity assessment1.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, orthe unit verification procedure referred to in Annex VII, orthe 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 15Notified bodies1.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 16Collection of noise data1.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 valuethe measured sound power levelthe guaranteed sound power levelequipment descriptionmanufacturer and/or brand namemodel number/name

Article 17Regulation of useThe 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 18Committee1.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.3.The Committee shall adopt its rules of procedure.

Article 18aAmendments to Annex IIIThe Commission is empowered to adopt delegated acts in accordance with Article 18b amending Annex III to adapt it to technical progress. Those delegated acts shall 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.

Article 18bExercise of the delegation1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.2.The power to adopt delegated acts referred to in Article 18a shall be conferred on the Commission for a period of five years from 26 July 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.3.The delegation of power referred to in Article 18a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.4.Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-MakingOJ L 123, 12.5.2016, p. 1..5.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.6.A delegated act adopted pursuant to Article 18a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 19Committee powersThe 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 20Reports1.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.3.Not later than 3 July 2002 the Commission shall submit to the European Parliament and to the Council a report concerning whether and to what extent technical progress allows a reduction of limit values for lawnmowers and lawn trimmers/lawn edge trimmers, and, if appropriate, a proposal to amend this Directive.

Article 21Repeal1.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 22Transposition and date of application1.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 23Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 24Addressees of the DirectiveThis Directive is addressed to the Member States.

nullANNEX IDEFINITIONS OF EQUIPMENT1.Aerial access platforms with combustion enginesEquipment consisting of a minimum of a work platform, an extending structure and a chassis. The work platform is a fenced platform or a cage which can be moved under load to the required working position. The extending structure is connected to the chassis and supports the work platform; it allows movement of the work platform to its required position.2.Brush cutterA combustion-engine driven portable hand-held unit fitted with a rotating blade made of metal or plastic intended to cut weeds, brush, small trees and similar vegetation. The cutting device operates in a plane approximately parallel to the ground.3.Builders' hoist for the transport of goodsA power-operated, temporarily installed builders' hoist intended for use by persons who are permitted to enter engineering and construction sites, serving(i)defined landing levels, having a platformdesigned for the transportation of goods onlywhich permits the access of persons during loading and unloadingwhich permits the access and travel by authorised persons during erection, dismantling and maintenanceguidedtravelling vertical or along a path within 15° max. of the verticalsupported or sustained by: wire, rope, chain, screwed spindle and nut, rack and pinion, hydraulic jack (direct or indirect), or an expanding linkage mechanismwhere masts may or may not require support from separate structures, or(ii)either one upper landing or a work area extending to the end of the guide (e.g. a roof), having a load-carrying device:designed for the transportation of goods onlydesigned that there is no need to step on it for loading or unloading purposes or for maintenance, erection and dismantlingfrom which persons are prohibited at any timeguidedwhich is designed to travel at an angle of at least 30° to the vertical but may be used at any anglesustained by steel wire rope and a positive drive systemcontrolled by constant pressure type controlswhich does not benefit from the use of any counterweighthaving a maximum rated load of 300 kghaving a maximum speed of 1m/sand where the guides require support from separate structures.4.Building site band saw machineA hand-fed powered machine weighing less than 200 kg fitted with a single saw blade in the form of a continuous band mounted on and running between two or more pulleys.5.Building site circular saw benchA hand-fed machine weighing less than 200 kg fitted with a single circular sawblade (other than a scoring saw) with a diameter of 350 mm or more, up to a maximum diameter of 500 mm, which is fixed during the normal cutting operation, and a horizontal table, all or part of which is fixed during operation. The sawblade is mounted on a horizontal non-tilting spindle, the position of which remains stationary during machining. The machine may have any of the following features:the facility for the sawblade to be raised and lowered through the tablemachine frame below the table may be open or enclosedthe saw may be fitted with an additional, manually operated travelling table (not adjacent to the sawblade).6.Chain saw, portableA power-driven tool designed to cut wood with a saw chain and consisting of an integrated compact unit of handles, power source and cutting attachment, designed to be supported with two hands.7.Combined high pressure flusher and suction vehicleA vehicle which may work either as a high pressure flusher or as a suction vehicle. See high pressure flusher and suction vehicle.8.Compaction machineA machine which compacts materials, e.g. rock fills, soil or asphalt surfacing, through a rolling, tamping or vibrating action of the working tool. It may be self-propelled, towed, walk-behind or an attachment to a carrying machine. Compaction machines are subdivided as follows:rollers for ride-on operators: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres; the operator's station is an integral part of the machinewalk-behind rollers: self-propelled compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres in which the operation facilities for travelling, steering, braking and vibrating are disposed in such a way that the machines have to be operated by an attending operator or by remote controltowed roller: compaction machines with one or more metallic cylindrical bodies (drums) or rubber tyres which do not possess an independent drive system and where the operator's station is to be found on a tractor unitvibratory plates and vibratory rammers: compactions machines with mainly flat base plates which are made to vibrate. They are operated by an attending operator or as an attachment to a carrier machineexplosion rammers: compaction machines with mainly a flat pad as the compacting tool which is made to move in a predominantly vertical direction by explosion pressure. The machine is operated by an attending operator.9.CompressorAny machine for use with interchangeable equipment which compresses air, gases or vapours to a pressure higher than the inlet pressure. A compressor comprises the bare compressor itself, the prime mover and any component or device supplied, which is necessary for safe operation of the compressor.Excluded are the following categories of device:fans, i.e. devices producing air circulation at a positive pressure of not more than 110000 pascalsvacuum pumps, i.e. devices or appliances for extracting air from an enclosed space at a pressure not exceeding atmospheric pressuregas turbine engines.10.Concrete-breakers and picks, hand heldPowered (by any method) concrete-breakers and picks used to perform work on civil engineering and building sites.11.Concrete or mortar mixerA machine to prepare concrete or mortar, irrespective of the loading, mixing and emptying process. It may be operated intermittently or constantly. Concrete mixers on trucks are called truck mixers (see definition 55).12.Construction winchA power-operated, temporarily installed lifting appliance which is equipped with means for raising and lowering a suspended load.13.Conveying and spraying machine for concrete and mortarItems of plant pumping and spraying concrete or mortar, with or without agitator, whereby the material to be transported is conveyed to the placing position through pipelines, distribution devices or distribution booms. Conveyance is carried out:for concrete mechanically, by piston or rotor pumpsfor mortar mechanically by piston, worm, hose and rotor pumps or pneumatically by compressors with or without air chamber.These machines may be mounted on trucks, trailers or special vehicles.14.Conveyor beltA temporarily installed machine suitable for transporting material by means of a power-driven belt.15.Cooling equipment on vehiclesA cargo space refrigeration unit on vehicle categories N2, N3, O3 and O4 as defined by Directive 70/156/EEC.The refrigeration unit may be powered by means of an integral part of the refrigeration unit, a separate part attached to the vehicle body, a driving engine of the vehicle, or by an independent or standby power source.16.DozerA self-propelled wheeled or crawler machine used to exert a push or pull force through mounted equipment.17.Drill rigA machine which is used for drilling holes on construction sites bypercussive drillingrotary drillingrotary percussive drilling.Drill rigs are stationary during drilling. They may move from one place of work to another, under their own power. Self-propelled drill rigs include those mounted on lorries, wheeled chassis, tractors, crawlers, skid bases (pulled by winch). When drill rigs are mounted on lorries, tractors and trailers, or a wheel-based, transportation may be carried out at higher speeds and on public roads.18.DumperA self-propelled machine wheeled or crawler machine having an open body, which either transports and dumps or spreads material. Dumpers may be equipped with integral self-loading equipment.19.Equipment for loading and unloading of silos or tanks on trucksPowered devices attached to silo or tanker trucks for loading or unloading of liquids or bulk material by means of pumps or similar equipment.20.Excavator, hydraulic or rope-operatedA self-propelled crawler or wheeled machine having an upper structure capable of a minimum of 360° rotation, which excavates, swings and dumps material by the action of a bucket fitted to the boom and arm or telescopic boom, without moving the chassis or undercarriage during any one cycle of the machine.21.Excavator-loaderA self-propelled wheeled or crawler machine having a main structural support designed to carry both a front-mounted bucket loading mechanism and a rear-mounted backhoe. When used in the backhoe mode, the machine normally digs below ground level with bucket motion towards the machine. The backhoe lifts, swings and discharges material while the machine is stationary. When used in the loader mode, the machine loads or excavates through forward motion of the machine, and lifts, transports and discharges material.22.Glass recycling containerA container, built of whatever material, that is used for the collection of bottles. It is equipped with at least one opening for filling in bottles and another one for emptying the container.23.GraderA self-propelled wheeled machine having an adjustable blade, positioned between front and rear axles, which cuts, moves and spreads material usually to grade requirements.24.Grass trimmer/grass edge trimmerA combustion-engine driven portable hand-held unit fitted with flexible line(s), string(s), or similar non-metallic flexible cutting elements, such as pivoting cutters, intended to cut weeds, grass or similar soft vegetation. The cutting device operates in a plane approximately parallel (grass trimmer) or perpendicular (grass edge trimmer) to the ground.25.Hedge trimmerHand-held, integrally driven powered equipment which is designed for use by one operator for trimming hedges and bushes utilising one or more linear reciprocating cutter blades.26.High pressure flusherA vehicle equipped with a device to clean sewers or similar installations by means of a high pressure water jet. The device may be either mounted on a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment may be fixed or demountable as in the case of an exchangeable bodywork system.27.High pressure water jet machineA machine with nozzles or other speed-increasing openings which allow water, also with admixtures, to emerge as a free jet. In general, high pressure jet machines consist of a drive, a pressure generator, hose lines, spraying devices, safety mechanisms, controls and measurement devices. High pressure water jet machines may be mobile or stationary:mobile high pressure water jet machines are mobile, readily transportable machines which are designed to be used at various sites, and for this purpose are generally fitted with their own undergear or are vehicle-mounted. All necessary supply lines are flexible and readily disconnectablestationary high pressure water jet machines are designed to be used at one site for a length of time but capable of being moved to another site with suitable equipment. Generally skid or frame-mounted with supply line capable of being disconnected.28.Hydraulic hammerEquipment which uses the hydraulic power source of the carrier machine to accelerate a piston (sometimes gas-assisted), which then hits a tool. The stress wave generated by kinetic action flows through the tool into the material, which causes the material to break. Hydraulic hammers need a supply of pressurised oil to function. The complete carrier/hammer unit is controlled by an operator, usually seated in the cabin of the carrier.29.Hydraulic power packAny machine for use with interchangeable equipment which compresses liquids to a pressure higher than the inlet pressure. It means an assembly of a prime mover, pump, with or without reservoir and accessories (e.g. controls, pressure relief valve).30.Joint cutterA mobile machine intended for the production of joints in concrete, asphalt and similar road surfaces. The cutting tool is a rotating high speed disc. The forward motion of the joint cutter can bemanualmanual with mechanical assistancepower-driven.31.Landfill compactor, loader-type with bucketA self-propelled wheeled compaction machine having a front-mounted loader linkage with a bucket having steel wheels (drums) primarily designed to compact, move, grade, and load soil, landfill or sanitary (refuse) materials.32.LawnmowerA walk-behind or ride-on grass cutting machine or a machine with grass-cutting attachment(s) where the cutting device operates in a plane approximately parallel to the ground and which uses the ground to determine the height of cut by means of wheels, air cushion or skids, etc., and which utilises an engine or an electric motor for a power source. The cutting devices are eitherrigid cutting elements, ornon-metallic filament line(s) or freely pivoting non-metallic cutter(s) with a kinetic energy of more than 10 J each; the kinetic energy is determined using EN 786:1997, Annex B.Also a walk-behind or ride-on grass cutting machine or a machine with grass-cutting attachment(s) where the cutting device is rotating about a horizontal axis to provide a shearing action with a stationary cutter bar or knife (cylinder mower).33.Lawn trimmer/lawn edge trimmerAn electrically powered walk-behind or hand-held grass cutting machine with cutting element(s) of non-metallic filament line(s) or freely pivoting non-metallic cutters with a kinetic energy of not more than 10 J each, intended to cut grass or similar soft vegetation. The cutting element(s) operate(s) in a plane approximately parallel (lawn trimmer) or perpendicular (lawn edge trimmer) to the ground. The kinetic energy is determined using EN 786:1997, Annex B.34.Leaf blowerA powered machine appropriate to clear lawns, paths, ways, streets, etc. of leaves and other material by means of a high velocity air flow. It may be portable (hand-held) or not portable but mobile.35.Leaf collectorA powered machine suitable for collecting leaves and other debris using a suction device consisting of a power source which produces a vacuum inside the machine and a suction nozzle and a container for the collected material. It may be portable (hand-held) or not portable but mobile.36.Lift truck, combustion-engine driven, counterbalancedA wheeled, internal combustion-engine driven lift truck with counterweight and lifting equipment (mast, telescopic arm or articulated arm). These are:rough terrain trucks (wheeled counterbalanced trucks intended primarily for operation on unimproved natural terrain and on disturbed terrain of, e.g., construction sites)other counterbalanced lift trucks, excluded are those counterbalanced lift trucks that are specifically constructed for container handling.37.LoaderA self-propelled wheeled or crawler machine having an integral front-mounted bucket-supporting structure and linkage, which loads or excavates through forward motion of the machine, and lifts, transports and discharges material.38.Mobile craneA self-powered jib crane capable of travelling, loaded or unloaded, without the need for fixed runways and relying on gravity for stability. It operates on tyres, crawlers or with other mobile arrangements. In fixed positions it may be supported by outriggers or other accessories increasing its stability. The superstructure of a mobile crane may be of the type of full-circle slewing, of limited slewing or non-slewing. It is normally equipped with one or more hoists and/or hydraulic cylinders for lifting and lowering the jib and the load. Mobile cranes are equipped either with telescopic jibs, with articulated jibs, with lattice jibs, or a combination of these, of such a design that may readily be lowered. The loads suspended from the jib may be handled by hook block assemblies or other load-lifting attachments for special services.39.Mobile waste containerAn appropriate designed container fitted with wheels intended to store waste temporarily, and which is equipped with a cover.40.Motor hoeA self-propelled machine designed to be pedestrian-controlledwith or without support wheel(s), in such a way that its working elements act as hoeing tools to ensure propulsion (motor hoe), andpropelled by one or various wheel(s) directly actuated from the engine and equipped with hoeing tools (motor hoe with drive wheel(s)).41.Paver-finisherA mobile road construction machine used for the purpose of applying layers of construction material, such as bituminous mix, concrete and gravel on surfaces. Paver-finishers may be equipped with a high-compaction screed.42.Piling equipmentPile installation and extraction equipment, e.g. impact hammers, extractors, vibrators or static pile pushing/pulling devices of an assembly of machines and components used for installation or extraction of piles, which also includes:piling rig consisting of carrier machine (crawler, wheel or rail mounted, floating leader attachment, leader or guiding system)accessories, e.g. pile caps, helmets, plates, followers, clamping devices, pile handling devices, pile guides, acoustic shrouds and shock/vibration absorbing devices, power packs/generators and personal lifting devices or platforms.43.PipelayerA self-propelled crawler or wheeled machine specifically designed to handle and lay pipes and carry pipeline equipment. The machine, the design of which is based on a tractor, has especially designed components such as undercarriage, main frame, counterweight, boom and load-hoist mechanism, and vertically pivoting side boom.44.Piste caterpillarA self-propelled crawler machine used to exert a push or pull force on snow and ice through mounted equipment.45.Power generatorAny device comprising an internal combustion engine driving a rotary electrical generator producing a continuous supply of electrical power.46.Power sweeperA sweeping collection machine having equipment to sweep debris into the path of a suction inlet that would then pneumatically by way of a high velocity airstream or with a mechanical pick-up system convey the debris to a collection hopper. The sweeping and collecting devices may either be mounted to a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment can be fixed or demountable as in the case of an exchangeable bodywork system.47.Refuse collection vehicleA vehicle designed for the collection and transportation of domestic and bulky waste based on loading via containers or by hand. The vehicle may be equipped with a compaction mechanism. A refuse collection vehicle comprises a chassis with cab onto which the bodywork is mounted. It may be equipped with a container lifting device.48.Road-milling machineA mobile machine used for removing material from paved surfaces using a power-driven cylindrical body, on which surface the milling tools are fitted; the cutter drums rotate during the cutting operation.49.ScarifierA walk-behind or ride-on powered machine which uses the ground to determine the depth of cut and which is equipped with an assembly appropriate to slit or scratch the surface of the lawn in gardens, parks and other similar areas.50.Shredder/chipperA powered machine designed for use in a stationary position having one or more cutting devices for the purpose of reducing bulk organic materials to smaller pieces. Generally it consists of a feed intake opening through which material (which may be held by an appliance or not) is inserted, a device which cuts up the material by whatever method (cutting, chopping, crushing or other methods) and a discharge chute through which the cut material is discharged. A collecting device may be attached.51.Snow-removing machine with rotating toolsA machine with which snow can be removed from traffic areas by rotating means, accelerated and ejected by blower means.52.Suction vehicleA vehicle equipped with a device to collect water, mud, sludge, refuse or similar material from sewers or similar installations by means of a vacuum. The device may be either mounted on a proprietary vehicular truck chassis or incorporated into its own chassis embodiment. The equipment may be fixed or demountable as in the case of an exchangeable bodywork system.53.Tower craneA slewing jib crane with the jib located at the top of a tower which stays approximately vertical in the working position. This power-driven appliance is equipped with means for raising and lowering suspended loads and for the movement of such loads by changing the load-lifting radius, slewing, travelling of the complete appliance. Certain appliances perform several but not necessarily all of these movements. The appliance can be installed in a fixed position or equipped with means for displacing or climbing.54.TrencherA self-propelled, ride-on or pedestrian-controlled, crawler or wheeled machine, having a front- or rear-mounted excavator linkage and attachment, primarily designed to produce trenches in a continuous operation, through a motion of the machine.55.Truck mixerA vehicle which is equipped with a drum to transport ready-mixed concrete from the concrete mixing plant to the job site; the drum may rotate when the vehicle is driving or stand still. The drum is emptied on the job site by rotating the drum. The drum is driven either by the driving engine of the vehicle or by a supplementary engine.56.Water pump unitA machine consisting of a water pump itself and the driving system. Water pump means a machine for the raising of water from a lower to a higher energy level.57.Welding generatorAny rotary device which produces a welding current.ANNEX IIEC DECLARATION OF CONFORMITYThe EC declaration of conformity must contain the following particulars:name and address of the manufacturer or his authorised representative established in the Communityname and address of the person who keeps the technical documentationdescription of the equipmentconformity assessment procedure followed, and, where appropriate, name and address of the notified body involvedmeasured sound power level on an equipment representative for this typeguaranteed sound power level for this equipmenta reference to this Directivethe declaration that the equipment conforms to the requirements of this Directivewhere appropriate, the declaration(s) of conformity and references of the other Community Directives appliedthe place and date of the declarationparticulars of the signatory authorised to sign the legally binding declaration for the manufacturer or his authorised representative established in the Community.ANNEX IIIMETHOD OF MEASUREMENT OF AIRBORNE NOISE EMITTED BY EQUIPMENT FOR USE OUTDOORSScopeThis Annex lays down the methods of measurement of airborne noise that shall be used for the determination of the sound power levels of equipment covered by this Directive with a view to the conformity assessment procedures of this Directive.Part A of this Annex for each type of equipment referred to in Article 2(1) lays downbasic noise emission standardsgeneral supplements to these basic noise emission standardsfor measuring the sound pressure level on a measurement surface enveloping the source and for calculating the sound power level produced by the source.Part B of this Annex for each type of equipment referred to in Article 2(1) lays downa recommended basic noise emission standard includinga reference to the basic noise emission standard chosen from Part Athe test areathe value of the constant K2Athe shape of the measurement surfacethe number and position of microphones to be usedoperating conditions includingthe reference to a standard, if anyrequirements relating to mounting of the equipmenta method to calculate the resulting sound power levels in the event that several tests with different operating conditions are to be usedfurther information.When testing specific types of equipment, the manufacturer or his authorised representative in the Community may in general choose one of the basic noise emission standards of Part A and apply the operating conditions of Part B for this specific type of equipment. In the event of a dispute, however, the recommended basic noise emission standard laid down in Part B has to be used together with the operating conditions of Part B.ANNEX IVMODELS OF THE CE MARKING OF CONFORMITY AND OF THE INDICATION OF THE GUARANTEED SOUND POWER LEVELThe CE conformity marking must consist of the initials "CE" taking the following form:Iff the CE marking is reduced or enlarged according to the size of the equipment the proportions given in the above drawing must be respected. The various components of the CE marking must have substantially the same vertical dimension which may not be less than 5 mm.The indication of the guaranteed sound power level must consist of the single-number of the guaranteed sound power in dB, the sign LWA and a pictogram taking the following form:If the indication is reduced or enlarged according to the size of the equipment the proportions given in the above drawing must be respected. However, the vertical dimension of the indication should, if possible, not be less than 40 mm.ANNEX VINTERNAL CONTROL OF PRODUCTION1.This Annex describes the procedure whereby the manufacturer, or his authorised representative established within the Community, who carries out the obligations laid down in point 2, ensures and declares that the equipment concerned satisfies the requirements of this Directive. The manufacturer, or his authorised representative established in the Community, must affix the CE marking of conformity and the indication of the guaranteed sound power level as required in Article 11 to each piece of equipment and draw up a written EC declaration of conformity as required in Article 8.2.The manufacturer, or his authorised representative established in the Community, must draw up the technical documentation described in point 3 and he must keep it for a period ending at least 10 years after the last product has been manufactured at the disposal of the relevant national authorities for inspection purposes. The manufacturer, or his authorised representative established in the Community, may entrust another person to keep the technical documentation. In this case he has to include the name and address of this person in the EC declaration of conformity.3.The technical documentation must enable the conformity of the equipment with the requirements of this Directive to be assessed. It must contain at least the following information:name and address of the manufacturer or his authorised representative established in the Communitya description of the equipmentmaketrade nametype, series and numbersthe technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understandingthe reference to this Directivethe technical report of noise measurements carried out in accordance with the provisions of this Directivethe technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.4.The manufacturer must take all measures necessary in order that the manufacturing process ensures continuing compliance of the manufactured equipment with the technical documentation referred to in points 2 and 3 and with the requirements of this Directive.ANNEX VIINTERNAL CONTROL OF PRODUCTION WITH ASSESSMENT OF TECHNICAL DOCUMENTATION AND PERIODICAL CHECKING1.This Annex describes the procedure whereby the manufacturer, or his authorised representative established in the Community, who carries out the obligations laid down in points 2, 5 and 6 ensures and declares that the equipment concerned satisfies the requirements of this Directive. The manufacturer, or his authorised representative established in the Community, must affix the CE marking of conformity and the indication of the guaranteed sound power level as required in Article 11 to each piece of equipment and draw up a written EC declaration of conformity as required in Article 8.2.The manufacturer, or his authorised representative established in the Community, must draw up the technical documentation described in point 3 and he must keep it for a period ending at least 10 years after the last product has been manufactured at the disposal of the relevant national authorities for inspection purposes. The manufacturer, or his authorised representative established in the Community, may entrust another person to keep the technical documentation. In this case he has to include the name and address of this person in the EC declaration of conformity.3.The technical documentation must enable the conformity of the equipment with the requirements of this Directive to be assessed. It must contain at least the following information:name and address of the manufacturer or his authorised representative established in the Communitya description of the equipmentmaketrade nametype, series and numbersthe technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understandingthe reference to this Directivethe technical report of noise measurements carried out in accordance with the provisions of this Directivethe technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.4.The manufacturer must take all measures necessary in order that the manufacturing process ensures compliance of the manufactured equipment with the technical documentation referred to in points 2 and 3 and with the requirements of this Directive.5.Evaluation by the notified body prior to placing on the marketThe manufacturer, or his authorised representative established in the Community, shall present a copy of his technical documentation to a notified body of his choice before the first item of equipment is placed on the market or put into service.If there are doubts about the plausibility of the technical documentation, the notified body shall inform accordingly the manufacturer or his authorised representative established in the Community, and, if need be, carry out, or have carried out modifications to the technical documentation, or possibly, tests deemed necessary.After the notified body has issued a report confirming that the technical documentation satisfies the provisions of this Directive, the manufacturer or his authorised representative established within the Community may affix the CE marking to the equipment and issue an EC declaration of conformity in accordance with Articles 11 and 8, for which he will bear complete responsibility.6.Evaluation by the notified body during productionThe manufacturer, or his authorised representative established in the Community, shall further involve the notified body in the production phase according to one of the following procedures to be chosen by the manufacturer or his authorised representative established within the Community:the notified body shall carry out periodical checks in order to verify continuing compliance of the manufactured equipment with the technical documentation and with the requirements of this Directive; in particular the notified body shall concentrate on:the correct and complete marking of the equipment according to Article 11,issuing of the EC declaration of conformity according to Article 8,the technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level,The manufacturer, or his authorised representative established in the Community, shall give the notified body free access to all the internal documentation supporting these procedures, the actual results of the internal audits and the corrective actions which have been taken, if any.Only if the above checks give unsatisfactory results shall the notified body carry out noise tests, which, on its own judgement and experience, may be simplified or completely carried out according to the provisions laid down in Annex III for the relevant type of equipment,the notified body shall carry out or have carried out product checks at random intervals. An adequate sample of the final equipment, chosen by the notified body, must be examined and appropriate noise tests as set out in Annex III, or equivalent tests, must be carried out to check the conformity of the product with the relevant requirements of the Directive. The product checking must include the following aspects:the correct and complete marking of the equipment according to Article 11,issuing of the EC declaration of conformity according to Article 8.In both procedures, the frequency of the checks shall be defined by the notified body according to the results of previous evaluations, the need to monitor corrective actions and further guidance for the frequency of the checks that may be given by the yearly production and the general reliability of the manufacturer to maintain the guaranteed values; however a check shall be carried out at least once every three years.If there are doubts about the plausibility of the technical documentation or the adherence during production, the notified body shall inform accordingly the manufacturer, or his authorised representative established in the Community.In those cases where equipment checked does not conform to the provisions of this Directive, the notified body must inform the notifying Member State.ANNEX VIIUNIT VERIFICATION1.This Annex describes the procedure whereby the manufacturer, or his authorised representative established in the Community, ensures and declares that the equipment which has been issued with the certificate referred to in point 4 conforms to the requirements of this Directive. The manufacturer, or his authorised representative established in the Community, must affix the CE marking supplemented by the information as required in Article 11 to the equipment and draw up the EC declaration of conformity referred to in Article 8.2.The application for a unit verification must be lodged by the manufacturer or his authorised representative established in the Community with a notified body chosen by him.This application must include:the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address in additiona written declaration that the same application has not been lodged with any other notified bodya technical documentation conforming to the requirements set below:a description of the equipmenttrade nametype, series and numbersthe technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understandingthe reference to this Directive.3.The notified body must:examine whether the equipment has been manufactured in conformity with the technical documentationagree with the applicant the location where, in accordance with this Directive, the noise tests will be carried outin accordance with this Directive, carry out or have carried out the necessary noise tests.4.Where the equipment meets the provisions of this Directive, the notified body must issue a certificate of conformity to the applicant as described in Annex X.If the notified body refuses to issue a certificate of conformity, it must state the detailed grounds for the refusal.5.The manufacturer, or his authorised representative established in the Community, must keep with the technical documentation copies of the certificate of conformity for a period of 10 years from the date on which the equipment is placed on the market.ANNEX VIIIFULL QUALITY ASSURANCE1.This Annex describes the procedure whereby the manufacturer who satisfies the obligations of point 2 ensures and declares that the equipment concerned satisfies the requirements of this Directive. The manufacturer, or his authorised representative established in the Community, must affix the CE marking supplemented by the information as required in Article 11 to each product and draw up the written EC declaration of conformity referred to in Article 8.2.The manufacturer must operate an approved quality assurance system for design, manufacture and final product inspection and testing as specified in point 3 and shall be subject to surveillance as specified in point 4.3.Quality assurance system3.1.The manufacturer must lodge an application for assessment of his quality assurance system with a notified body of his choice.The application must include:all relevant information for the product category envisaged, including technical documentation of all equipment already in phase of design or production that must contain at least the following information:name and address of the manufacturer or his authorised representative established in the Communitya description of the equipmentmaketrade nametype, series and numbersthe technical data relevant for the identification of the equipment and the assessment of its noise emission, including, if appropriate, schematic drawings and any description and explanation necessary for their understandingthe reference to this Directivethe technical report of noise measurements carried out in accordance with the provisions of this Directivethe technical instruments applied and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power levela copy of the EC declaration of conformitythe documentation concerning the quality assurance system.3.2.The quality assurance system must ensure compliance of the product with the requirements of the Directives that apply to it.All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality assurance system documentation must permit a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.3.3.It must contain in particular an adequate description of:the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product qualitythe technical documentation to be drawn up for each product, containing at least the information indicated in point 3.1 for the technical documentations mentioned therethe design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the equipment category coveredthe corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be usedthe examinations and test that will be carried out before, during and after manufacture, and the frequency with which they will be carried outthe quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.the means to monitor the achievement of the required design and product quality and the effective operation of the quality assurance system.The notified body must assess the quality assurance system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume conformity with these requirements in respect of quality assurance systems that implement EN ISO 9001.The auditing team must have at least one member with experience as an assessor in the equipment technology concerned. The assessment procedure must include an assessment visit to the manufacturer's premises.The decision must be notified to the manufacturer. The notification must contain the conclusion of the examination and the reasoned assessment decision.3.4.The manufacturer must undertake to fulfil the obligations arising out of the quality assurance system as approved and to maintain it in an adequate and efficient manner.The manufacturer or his authorised representative established within the Community shall keep the notified body that has approved the quality assurance system informed of any intended updating of the quality assurance system.The notified body must evaluate the modifications proposed and decide whether the modified quality assurance system will still satisfy the requirements referred to in point 3.2 or whether a reassessment is required.It must notify its decision to the manufacturer. The notification must contain the conclusions of the examination and the reasoned assessment decision.4.Surveillance under the responsibility of the notified body4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality assurance system.4.2.The manufacturer must allow the notified body entrance for inspection purposes to the locations of design, manufacture, inspection and testing, and storage and must provide it with all necessary information, in particular:the quality assurance system documentationthe quality records as foreseen by the design part of the quality assurance system, such as results of analyses, calculations, tests, etc.the quality records as foreseen by the manufacturing part of the quality assurance system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.4.3.The notified body shall periodically carry out audits to make sure that the manufacturer maintains and applies the quality assurance system and must provide an audit report to the manufacturer.4.4.Additionally the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may carry out, or cause to be carried out, tests to verify that the quality assurance system is functioning correctly, if necessary. The notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.5.The manufacturer must, for a period ending at least 10 years after the last equipment has been manufactured, keep at the disposal of the national authorities:the documentation referred to in the second indent of point 3.1 of this Annexthe updating referred to in the second paragraph of point 3.4the decisions and reports from the notified body which are referred to in the final paragraph of point 3.4, points 4.3 and 4.4.6.Each notified body must give the other notified bodies the relevant information concerning the quality assurance system approvals issued and withdrawn.ANNEX IXMINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE NOTIFICATION OF BODIES1.The body, its director and its staff responsible for carrying out verification operations may be neither the designer, builder, supplier or installer of the equipment nor the authorised representative of any of those parties. They may become involved neither directly nor as authorised representatives in the design, construction, marketing or maintenance of such equipment nor represent the parties engaged in these activities. This does not preclude the possibility of exchange of technical information between the manufacturer and the body.2.The body and its staff must carry out the assessments and verifications with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their work, especially from persons or groups of persons with an interest in the results of verification.3.The body must have at its disposal the necessary staff and possess the necessary facilities to enable it to perform properly the technical and administrative tasks connected with inspection and surveillance operations; it must also have access to the equipment required for any special verification.4.The staff responsible for inspection must have;sound technical and professional trainingsatisfactory knowledge of the requirements for the assessment of technical documentationsatisfactory knowledge of the requirements for the tests they carry out and adequate practical experience of such teststhe ability to draw up the certificates, records and reports required to authenticate the performance of the tests.5.The impartiality of inspection staff must be guaranteed. Their remuneration must not depend on the number of tests carried out or the results of such tests.6.The body must take out liability insurance unless its liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the tests.7.The staff of the body must observe professional secrecy with regard to all information gained in carrying out its tests (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) under this Directive or any provisions of national law giving effect to it.ANNEX X

Loading ...