S.I. No. 632 of 2001

European Communities (Noise Emission by Equipment for use Outdoors) Regulations, 2001

Made by

the Minister for Enterprise, Trade and Employment

Schedule

Part A

Equipment subject to noise limits

Part B

Equipment subject to noise marking only

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000¹ , hereby make the following regulations:

CITATION AND COMMENCEMENT

1.        (1)      These Regulations may be cited as the European Communities (Noise Emission by Equipment for Use Outdoors) Regulations, 2001.

(2)      These Regulations shall, subject to Regulation 3, come into operation on 3 January 2002.

INTERPRETATION.

2.        (1)      In these Regulations-

“appropriate fee” shall be construed in accordance with Regulation 12(6);

“authorised officer” has the meaning assigned to it by Regulation 14;

“authorised representative” means an authorised representative, established in the community, of a manufacturer of equipment referred to in Regulation 4(1);

“CE marking” means the CE marking of conformity in the form set out in Annex IV;

“Directive” means Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000² ;

“functions” includes powers and duties;

“Member State” means a Member State of the European Communities;

“Minister” means the Minister for Enterprise, Trade and Employment;

“notified body” means -

(a)      a notified body in the State, or

(b)      a notified body appointed by another Member State;

“notified body in the State” means a person appointed under Regulation 12(1);

“premises” means any place, ship or other vessel, aircraft, railway wagon or other vehicle;

“relevant person” means -

(a)      a manufacturer of equipment referred to in Regulation 4(1), or

(b)      the authorised representative of a manufacturer referred to in paragraph (a).

(2)      A word or expression that is used in these Regulations and is also used in the Directive, has the same meaning in these Regulations as it has in the Directive.

(3)      In these Regulations -

(a)      a reference to a Regulation or a Schedule is a reference to a Regulation of or Schedule to these Regulations, unless it is indicated that reference to some other Regulation or Schedule is intended,

(b)      a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c)      a reference to an Annex is a reference to an Annex of the Directive unless it is indicated that some other provision is intended.

RELEVANT DATES.

3.        (1)      A relevant person may avail of the provisions of these Regulations as from 3 July 2001.

(2)      The provisions concerning the reduced permissible sound levels (stage II) referred to in Part A of the Schedule shall apply with effect from 3 January 2006.

APPLICATION OF REGULATIONS.

4.        (1)      These Regulations shall, subject to paragraph (2), apply to the equipment for use outdoors that is specified in Parts A and B of the Schedule (and in respect of which a definition is provided for in Annex 1) and placed on the market or put into service as an entire unit suitable for the intended use.

(2)      These Regulations shall not apply to -

(a)      non-powered attachments that are separately placed on the market or put into service, with the exception of hand-held concrete-breakers and picks and hydraulic hammers,

(b)      all equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways, and

(c)      equipment specially designed and constructed for military and police purposes and for emergency services.

REQUIREMENTS FOR PLACING ON MARKET OR PUTTING INTO SERVICE.

5.        (1)      A relevant person shall not place equipment referred to in Regulation 4(1) on the market or put such equipment into service unless -

(a)      such equipment satisfies the requirements of these Regulations concerning noise emission in the environment,

(b)      the conformity assessment procedures referred to in Regulation 11 have been completed in respect of the equipment,

(c)      such equipment bears the CE marking and the indication of the guaranteed sound power level,

(d)      such equipment is accompanied by the EC declaration of conformity in the English language, and

(e)      in respect of equipment specified in Part A of the Schedule, the guaranteed sound power level for such equipment does not exceed the applicable permissible level laid down in that Part.

(2)      Where a relevant person is not established in the Community, any person placing the equipment referred to in paragraph (1) on the market or putting it into service shall comply with subparagraphs (a) to (e) of paragraph (1).

(3)      A person who contravenes paragraph (1) or (2) shall be guilty of an offence.

EXHIBITION OR DEMONSTRATION OF EQUIPMENT.

6.        (1)      A person may exhibit or demonstrate the operation of equipment referred to in Regulation 4(1) that does not comply with these Regulations if -

(a)      the person displays a sign, at the place where the equipment is being exhibited or its operation is being demonstrated, and the sign -

(i)       is clearly visible and legible,

(ii)      states that the equipment concerned does not comply with these Regulations, and

(iii)     states that the equipment will not be for sale until the relevant person takes such steps as are necessary to ensure compliance of the equipment with these Regulations,

and

(b)      the person takes appropriate measures to ensure the safety of persons present while the equipment is being exhibited or its operation is being demonstrated.

(2)      A person who fails to comply with this Regulation shall be guilty of an offence.

PRESUMPTION OF COMPLIANCE.

7.        Equipment referred to in Regulation 4(1) which -

(a)      bears the CE marking,

(b)      bears the indication of the guaranteed sound power level, and

(c)      is accompanied by the EC declaration of conformity referred to in Regulation 8.

shall be presumed, unless the contrary is shown, to comply with these Regulations.

EC DECLARATION OF CONFORMITY.

8.        (1)      A relevant person shall, for the purposes of certifying that an item of equipment referred to in Regulation 4(1) conforms with these Regulations, draw up an EC declaration of conformity for each type of equipment manufactured and shall include, in such declaration of conformity -

(a)      the name and address of the relevant person,

(b)      the name and address of the person who keeps the technical documentation,

(c)      a description of the equipment,

(d)      the conformity assessment procedure followed, and, where appropriate, the name and address of the notified body concerned,

(e)      the measured sound power level on an equipment representative for this type,

(f)       guaranteed sound power level for this equipment,

(g)      a reference to the Directive,

(h)      the declaration that the equipment conforms to the requirements of the Directive,

(i)       where appropriate, any other declaration of conformity and references to other Directives that apply to such equipment,

(j)       the place and date of the declaration, and

(k)      the particulars of the signatory authorised to sign the legally binding declaration for the relevant person.

(2)      Where the relevant person resides in the State or places equipment referred to in Regulation 4(1) on the market in the State he or she shall, within 28 days of placing the equipment on the market send a copy of the EC declaration of conformity to -

(a)      the Minister, or where appropriate, a person designated in accordance with paragraph (4)(1), and

(b)      the Commission of the European Communities.

(3)      The relevant person shall retain a specimen of the EC declaration of conformity for a period of 10 years from the date on which the equipment was last manufactured, together with the technical documentation specified in Annex V point 3, Annex VI point 3, Annex VII point 2 and Annex VIII points 3.1 and 3.3.

(4)      The Minister may designate a person, for the purposes of paragraph (2), to receive the copy of the EC declaration of conformity and where a designation is made under this Regulation shall publish a notice of the designation in Iris Oifigiuil.

(5)      A person who fails to comply with a requirement of this Regulation shall be guilty of an offence.

NOTIFICATION OF AUTHORISED OFFICER.

9.        (1)      Subject to paragraph (3), where an authorised officer is of the opinion that any equipment referred to in Regulation 4(1) which is placed on the market or put into service does not comply with these Regulations the authorised officer shall notify in writing -

(a)      the relevant person,

(b)      the person placing such equipment on the market or putting it into service, or

(c)      where appropriate, the relevant person and the person referred to in subparagraph (b),

of such non-compliance and direct the relevant person or the person referred to in subparagraph (b) or where appropriate to both such relevant person and such person to take, within 14 days of such notice, all measures that are necessary to ensure that the equipment concerned conforms with these Regulations.

(2)      Where any person referred to in paragraph (1) has received a notification referred to in paragraph (1) and fails to comply with the notification, the authorised officer shall by notice in writing direct the relevant person to -

(a)      take all practicable steps to withdraw such equipment from the market and from service, and

(b)      not to place or continue to place on the market such equipment or not to put or continue to put such equipment into service.

(3)      Where an authorised officer is of the opinion that -

(a)      the limit value for the equipment referred to in Part A of the Schedule is exceeded, or

(b)      there is non-compliance with these Regulations, other than the requirements of paragraph (1), notwithstanding that measures referred to in paragraph (1) have been taken,

the authorised officer shall, by notice in writing, prohibit the relevant person or other person or both of them from placing or continuing to place such equipment on the market or from putting it into service, or require the relevant person or other person to take all practicable steps to withdraw such equipment from the market.

(4)      Where an authorised officer gives a notice in writing under this Regulation he or she shall state in such notice -

(a)      the reasons for the opinion that the equipment concerned does not comply with these Regulations or, as appropriate, exceeds the limit values specified for the equipment concerned in the Schedule, and

(b)      the appeal procedure referred to in paragraph (5) and the time limit for bringing an appeal.

(5)      A person who is affected by a notice under this Regulation may, within 14 days of the date of the receipt of the notice appeal to the High Court against the notice.

(6)      The High Court may, as it thinks proper, annual, confirm or vary a notice issued under this Regulation.

(7)      An authorised officer shall, as soon as possible, inform the Minister of a notice issued under this Regulation and shall advise the Minister of the reasons for issuing the notice.

(8)      An authorised officer may, as he or she thinks fit, withdraw a notice under this Regulation.

MARKING.

10.      (1)      A relevant person or a person who places on the market or puts into service equipment referred to in Regulation 4(1) shall ensure that such equipment -

(a)      complies with the provisions of these Regulations, and

(b)      bears the CE marking and the indication of the guaranteed sound power level in accordance with the requirements of paragraph (2) and, where appropriate, any other marking required under paragraph (5) or (6).

(2)      The CE marking and the indication of the guaranteed sound power level (which shall be in the form provided for in Annex IV) shall be affixed in a visible, legible and indelible form to each item of equipment.

(3)      A person, including a relevant person, shall not affix a marking or inscription on equipment referred to in Regulation 4(1) which -

(a)      is likely to mislead with regard to the meaning of the CE marking or to the indication of the guaranteed sound power level, or

(b)      reduces the visibility or legibility of the CE marking or the indication of the guaranteed sound power level.

(4)      Subject to paragraph (5), where the equipment referred to in Regulation 4(1) is subject to other requirements under directives of the institutions of the European Communities concerning other aspects and which also provide for the affixing of the CE marking, the marking shall indicate that the equipment concerned also fulfils the provisions of those directives.

(5)      Where one or more of the directives referred to in paragraph (5) allow the manufacturer, during a transitional period, to choose which arrangements to apply -

(a)      the CE marking shall indicate that the equipment fulfils those provisions only of the directives applied by the manufacturer, and

(b)      the particulars of such directives, as published in the Official Journal of the European Communities, shall be specified in the documents, notices or instructions required by those directives and accompanying such equipment.

(6)      A person who fails to comply with the requirements of this Regulation shall be guilty of an offence.

CONFORMITY ASSESSMENT PROCEDURES.

11.      (1)      Before placing any equipment specified in Part A of the Schedule on the market or putting it into service a relevant person or a person who places such equipment on the market or puts such equipment into service shall subject the type of equipment concerned to one of the following conformity assessment procedures -

(a)      the internal control of production with assessment of technical documentation and periodical checking procedures referred to in Annex VI,

(b)      the unit verification procedure referred to in Annex VII, or

(c)      the full quality assurance procedure referred to in Annex VIII.

(2)      Before placing any equipment referred to in Part B of the Schedule on the market or putting such equipment into service a relevant person or a person who places such equipment on the market or puts such equipment into service shall subject each type of equipment concerned to the internal control of production procedure referred to in Annex V.

(3)      A notified body in the State shall, on a reasoned request, provide the Commission, a notified body or a person authorised to make such request on behalf of another Member State, with all information in its possession, used during the conformity assessment procedure and the technical documentation provided for in item 3 of Annex V, item 3 of Annex VI, item 2 of Annex VII, and items 3.1 and 3.3 of Annex VIII.

(4)      A person who contravenes paragraph (1) or paragraph (2) shall be guilty of an offence.

NOTIFIED BODY IN THE STATE.

12.      (1)      The Minister may appoint one or more persons to be a notified body (a “notified body in the State”) if that person complies with the criteria set out in Annex IX for the purpose of carrying out or supervising the conformity assessment procedures referred to in Regulation 11(1) either individually or, where more than one person is so appointed, together with one or more of such other persons so appointed as the Minister may direct.

(2)      The Minister may, for the efficient and proper functioning of a notified body in the State, attach conditions to an appointment made under paragraph (1) as the Minister thinks fit.

(3)      An appointment made under paragraph (1) -

(a)      may specify the period of such appointment,

(b)      may be revoked by the Minister if he or she has reason to believe that the notified body in the State does not comply with, or has ceased to comply with, the conditions attached to such appointment, or

(c)      shall be revoked by the Minister if the Minister has reason to believe that the notified body does not meet or no longer meets the criteria referred to in paragraph (1).

(4)      An application to a notified body in the State for the purpose of carrying out or supervising the conformity assessment procedures referred to in Regulation 11(1) shall be -

(a)      made in writing to the notified body concerned and shall comply with the requirements of the relevant Annex, and

(b)      be accompanied by the appropriate fee.

(5)      When carrying out a conformity assessment procedure a notified body in the State shall do so in accordance with the relevant provisions referred to in Regulation 11(1).

(6)      A notified body in the State may charge a fee (in these Regulations referred to as the “appropriate fee”) for the purpose of carrying out a conformity assessment procedure referred to in Regulation 11, and such fee may include provision for any costs arising out of the conformity assessment procedure concerned and the functions of the notified body in the State in relation to such carrying out and ancillary costs arising from carrying out such procedure.

(7)      A notified body in the State shall not carry out or supervise a conformity assessment procedure referred to in Regulation 11(1) unless the requirements of this Regulation are complied with.

(8)      Where a person submits to the notified body in the State a declaration of conformity, such declaration shall include a version of it in the English language.

(9)      The Minister shall publish an appointment made under this Regulation in Iris Oifigiuil.

APPEAL OF DECISION.

13.      (1)      Any person aggrieved by a decision of a notified body in the State in relation to a procedure referred to in Regulation 12 may, by notice in writing given to the Minister not later than 14 days after the receipt by that person of notice of that decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him by the person, the notified body in the State or any other interested party, and the report of any inquiry held under paragraph (2) in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse the decision of the notified body in the State.

(2)      The Minister may appoint an officer of the Minister to hold an inquiry in connection with an appeal under this Regulation and to make a report to the Minister on the findings and result of the inquiry.

(3)      The Minister may appoint an assessor to assist him or her and to make a report to him or her in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by him or her under paragraph (2).

AUTHORISED OFFICERS.

14.      (1)      The Minister may appoint such and so many persons as the Minister thinks fit. to be authorised officers for the purposes of these Regulations.

(2)      A person appointed under paragraph (1) shall, on his or her appointment, be furnished by the Minister with a warrant of his or her appointment, and when exercising a power conferred by this Regulation shall, if requested by any person thereby affected, produce such warrant to that person for inspection.

(3)      An authorised officer may, for the purposes of these Regulations and of the Directive -

(a)      enter, inspect, examine and search at all times any premises at which he or she has reasonable grounds for believing that equipment is being manufactured, used or stored, or any premises that are part of an undertaking engaged in the manufacture of that equipment,

(b)      take with him or her a member of the Garda Síochána if he or she has reasonable cause to apprehend any serious obstruction in the execution of his or her duty,

(c)      take with him or her any other person authorised by the Minister or equipment or materials required for any purpose for which the power of entry is being exercised,

(d)      where he or she has reasonable cause to believe that at or in any premises an offence under these Regulations has been or is being committed, use reasonable force where necessary in order to enter the premises, provided he or she is so authorised by a warrant of a judge of the District Court (which such judge is hereby authorised to issue upon reasonable grounds being given on oath),

(e)      at any premises referred to in subparagraph (a), inspect and take copies of, or extracts from, any books, records or other documents which he or she finds in the course of his or her inspection,

(f)       carry out or have carried out such examinations, tests, inspections and checks of the premises, of any equipment being manufactured or stored at the premises, or of any equipment, machinery or plant at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under these Regulations or the Directive,

(g)      require any person at the premises or the owner or person in charge of the premises and any person employed in connection therewith to give to him or her such information and to produce to him or her such books, documents and other records that are in that person's power or procurement as he or she may reasonably require for the purposes of his or her functions under these Regulations or the Directive,

(h)      require any person whom he or she has reasonable cause to believe to be able to give information relevant to any examination or inquiry under these Regulations, to answer either alone or in the presence of any other person, as he or she thinks fit, such questions with respect to matters under these Regulations as he or she thinks fit to ask and sign a declaration of the truth of the answers given, provided that no one shall be required to answer any question or to give any evidence tending to incriminate himself,

(i)       direct that any premises referred to in subparagraph (a) or part of such premises and anything therein shall be left undisturbed for so long as it is reasonably necessary for the purpose of any examination or inquiry under these Regulations,

(j)       take possession of and remove equipment from the premises for examination and checking by the Minister or a notified body in the State, and retain such equipment or part thereof for such time as he or she considers reasonable for the purposes of his or her functions under these Regulations or the Directive,

(k)      as regards any article or substance he or she finds at or in a premises to which subparagraph (a) applies, require the proprietor or any person he or she finds at the premises or any person who appears to him or her to be in possession of the article or substance, to supply without payment, for test, examination or analysis sufficient samples thereof,

(m)      in relation to any article or substance found at a premises in accordance with subparagraph (k), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely -

(i)       examine or arrange for the examination of it;

(ii)      ensure that it is not tampered with before the examination of it is completed;

(iii)     ensure that it is available for use as evidence in any proceedings;

(o)      take any measurements or photographs or make any recordings which he or she considers necessary for the purposes of any inspection, examination or inquiry made by him or her under these Regulations or the Directive, and

(p)      require any person to afford him or her such facilities and assistance within his control or responsibilities as are reasonably necessary to enable him or her to exercise any of the powers conferred on him or her under these Regulations.

(4)      A person who obstructs or interferes with an authorised officer in the course of exercising a power conferred on him or her by these Regulations or impedes the exercise by the officer of such power or fails or refuses to comply with a request made by, or to answer a question asked by, an authorised officer pursuant to these Regulations or in purported compliance with such request or in answer to such question gives information to an officer that he knows to be false or misleading in a material respect shall be guilty of an offence.

OFFENCES.

15.      (1)      Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

(2)      Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister.

(3)      A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding €1,900 or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4)      A person guilty of an offence consisting of a contravention of these Regulations shall on each day, after having been convicted of such offence, on which the contravention is continued by him or her, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €190 or to imprisonment for a term not exceeding one month, or to both such fine and imprisonment.

SERVICES OF DOCUMENTS.

16.      (1)      A notice or other document under these Regulations shall be in writing and shall be addressed to the person concerned by name and may be served or given to the person, in one of the following ways -

(a)      by delivering it to the person.

(b)      by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address, or

(c)      by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides, or in a case in which an address for service has been furnished, at that address.

(2)      For the purposes of this Regulation, a company within the meaning of the Companies Act, 1963 to 2001, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business in the State.

REVOCATIONS.

17.      (1)      Subject to paragraph (2) -

(a)      the European Communities (Construction Plant and Equipment) (Permissible Noise Levels) Regulations, 1988 ( S.I. No. 320 of 1988 ), and

(b)      the European Communities (Lawnmowers) (Permissible Noise Levels) Regulations, 1989 ( S.I. No. 102 of 1989 ),

are revoked.

(2)      Type examination certificates issued and measurements of equipment carried out under the Regulations mentioned in paragraph (1) may be used in drawing up the technical documentation provided for in Annex V point 3, Annex VI pint 3, Annex VII point 2, Annex VIII points 3.1 and 3.3.

SCHEDULE

Regulation 4

PART A

Equipment subject to noise limits

Article 12 of the Directive

-     builders' hoists for the transport of goods (combustion-engine driven)

Definition: Annex 1, Item 3, Measurement: Annex III, Part B, item 3

-     compaction machines (only vibrating and non-vibrating rollers, vibratory plates and vibratory rammers)

Definition: Annex I, Item 8. Measurement: Annex III, Part B, item 8

-     compressors (< 350 kW)

Definition: Annex I, Item 9. Measurement: Annex III, Part B, item 9

-     concrete-breakers and picks, hand-held

Definition: Annex I, Item 10. Measurement: Annex III, Part B, item 10

-     construction winches (combustion-engine driven)

Definition: Annex I, Item 12. Measurement: Annex III, Part B, item 12

-     dozers (< 500 kW)

Definition: Annex I, Item 16. Measurement: Annex III, Part B, item 16

-     dumpers (< 500 kW)

Definition: Annex I, Item 18. Measurement: Annex III, Part B, item 18

-     excavators, hydraulic or rope-operated (< 500 kW)

Definition: Annex I, Item 20. Measurement: Annex III, Part B, item 20

-     excavator-loaders (< 500 kW)

Definition: Annex I, Item 21. Measurement: Annex III, Part B, item 21

-     graders (< 500 kW)

Definition: Annex I, Item 23. Measurement: Annex III, Part B, item 23

-     hydraulic power packs

Definition: Annex I, Item 29. Measurement: Annex III, Part B, item 29

-     landfill compactors, loader-type with bucket (< 500 kW)

Definition: Annex I, Item 31, Measurement: Annex III, Part B, item 31

-     lawnmowers (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 32

-     lawn trimmers / lawn edge trimmers

Definition: Annex I, Item 33, Measurement: Annex III, Part B, item 33

-     lift 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 36

-     loaders (< 500 kW)

Definition: Annex I, Item 37. Measurement: Annex III, Part B, item 37

-     mobile cranes

Definition: Annex I, Item 38. Measurement: Annex III, Part B, item 38

-     motor hoes (< 3 kW)

Definition: Annex I, Item 40. Measurement: Annex III, Part B, item 40

-     paver-finishers (excluding paver-finishers equipped with a high-compaction screed)

Definition: Annex I, Item 41. Measurement: Annex III, Part B, item 41

-     power generators (< 400 kW)

Definition: Annex I, Item 45. Measurement: Annex III, Part B, item 45

-     tower cranes

Definition: Annex I, Item 53. Measurement: Annex III, Part B, item 53

-     welding generators

Definition: Annex I, Item 57. Measurement: Annex III, Part B, item 57

The permissible sound power level shall be rounded to the nearest whole number (less than 0.5 use lower number; greater than or equal to 0.5 use higher number).

PART B

Equipment subject to noise marking only

Article 13 of the Directive

-     aerial access platforms with combustion engine

Definition: Annex I, Item 1. Measurement: Annex III, Part B, item 1

-     brush cutters

Definition: Annex I, Item 2. Measurement: Annex III, Part B, item 2

-     builders' hoists for the transport of goods (with electric motor)

Definition: Annex I, Item 3. Measurement: Annex III, Part B, item 3

-     building site band saw machines

Definition: Annex I, Item 4. Measurement: Annex III, Part B, item 4

-     building site circular saw benches

Definition: Annex I, Item 5. Measurement: Annex III, Part B, item 5

-     chain saws, portable

Definition: Annex I, Item 6. Measurement: Annex III, Part B, item 6

-     combined high pressure flushers and suction vehicles

Definition: Annex I, Item 7. Measurement: Annex III, Part B, item 7

-     compaction machines (explosion rammers only)

Definition: Annex I, Item 8. Measurement: Annex III, Part B, item 8

-     concrete or mortar mixers

Definition: Annex I, Item 11. Measurement: Annex III, Part B, item 11

-     construction winches (with electric motor)

Definition: Annex I, Item 12. Measurement: Annex III, Part B, item 12

-     conveying and spraying machines for concrete and mortar

Definition: Annex I, Item 13. Measurement: Annex III, Part B, item 13

-     conveyor belts

Definition: Annex I, Item 14. Measurement: Annex III, Part B, item 14

-     cooling equipment on vehicles

Definition: Annex I, Item 15. Measurement: Annex III, Part B, item 15

-     drill rigs

Definition: Annex I, Item 17. Measurement: Annex III, Part B, item 17

-     equipment for loading and unloading silos or tanks on trucks

Definition: Annex I, Item 19. Measurement: Annex III, Part B, item 19

-     glass recycling containers

Definition: Annex I, Item 22. Measurement: Annex III, Part B, item 22

-     grass trimmers / grass edge trimmers

Definition: Annex I, Item 24. Measurement: Annex III, Part B, item 24

-     hedge trimmers

Definition: Annex I, Item 25. Measurement: Annex III, Part B, item 25

-     high pressure flushers

Definition: Annex I, Item 26. Measurement: Annex III, Part B, item 26

-     high pressure water jet machines

Definition: Annex I, Item 27. Measurement: Annex III, Part B, item 27

-     hydraulic hammers

Definition: Annex I, Item 28. Measurement: Annex III, Part B, item 28

-     joint cutters

Definition: Annex I, Item 30. Measurement: Annex III, Part B, item 30

-     leaf blowers

Definition: Annex I, Item 34. Measurement: Annex III, Part B, item 34

-     leaf collectors

Definition: Annex I, Item 35. Measurement: Annex III, Part B, item 35

-     lift trucks, combustion-engine driven, counterbalanced (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 36

-     mobile waste containers

Definition: Annex I, Item 39. Measurement: Annex III, Part B, item 39

-     paver-finishers (equipped with a high-compaction screed)

Definition: Annex I, Item 41. Measurement: Annex III, Part B, item 41

-     piling equipment

Definition: Annex I, Item 42. Measurement: Annex III, Part B, item 42

-     pipelayers

Definition: Annex I, Item 43. Measurement: Annex III, Part B, item 43

-     piste caterpillars

Definition: Annex I, Item 44. Measurement: Annex III, Part B, item 44

-     power generators (≥ 400 kW)

Definition: Annex I, Item 45. Measurement: Annex III, Part B, item 45

-     power sweepers

Definition: Annex I, Item 46. Measurement: Annex III, Part B, item 46

-     refuse collection vehicles

Definition: Annex I, Item 47. Measurement: Annex III, Part B, item 47

-     road milling machines

Definition: Annex I, Item 48. Measurement: Annex III, Part B, item 48

-     scarifiers

Definition: Annex I, Item 49. Measurement: Annex III, Part B, item 49

-     shredders/chippers

Definition: Annex I, Item 50. Measurement: Annex III, Part B, item 50

-     snow-removing machines with rotating tools (self-propelled, excluding attachments)

Definition: Annex I, Item 51. Measurement: Annex III, Part B, item 51

-     suction vehicles

Definition: Annex I, Item 52. Measurement: Annex III, Part B, item 52

-     trenchers

Definition: Annex I, Item 54. Measurement: Annex III, Part B, item 54

-     truck mixers

Definition: Annex I, Item 55. Measurement: Annex III, Part B, item 55

-     water pump units (not for use under water)

Definition: Annex I, Item 56. Measurement: Annex III, Part B, item 56

Explanatory Note

(This note is not part of the Regulations and does not purport to be a legal interpretation).

These Regulations give effect to EU Directive 2000/14/EC on Noise Emission in the Environment by Equipment for use Outdoors.

The Regulations apply to 57 specified types of equipment and require a noise emission measurement to be taken and indicated on a label affixed to the equipment. In addition, noise limits are set for 22 of the 57 categories of equipment.

To be purchased from the Government Publications Sales Office, Molesworth Street, Dublin 2, through a bookseller, or by mail order from Government Publications, Postal Trade Division, 4/5 Harcourt Road, Dublin 2. Fax No. 01-4752760.

These Regulations are also available on the Department's website at www.entemp.ie

Department of Enterprise, Trade and Employment.

December, 2001.

¹ OJ No. L162, 3.7.2000, p.1

² OJ No. L162, 3.7.2000, p. 1

(¹) P_el for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer.

P_el for power generators: prime power according to ISO 8528--1:1993, point 13.3.2.

(²) Indicative figures only. Definitive figures will depend on amendment of the Directive following the report required in Article 20(3). In the absence of any such amendment, the figures for stage I will continue to apply for stage II.

(²) Indicative figures only. Definitive figures will depend on amendment of the Directive following the report required in Article 20(3). In the absence of any such amendment, the figures for stage I will continue to apply for stage II.

(²) Indicative figures only. Definitive figures will depend on amendment of the Directive following the report required in Article 20(3). In the absence of any such amendment, the figures for stage I will continue to apply for stage II.