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The Noise Emission of Outdoor Equipment Directive

Summary

This CE marking directive applies to a list of 57 types of specified apparatus, the majority of which are mobile equipment designed for outdoor use. The directive applies irrespective of power source, and includes (for example) lawnmowers, generators, forestry and construction equipment. Equipment intended to be used on road, rail, air or waterways, and equipment intended to be used by the police or military is excluded.

In the UK this directive is enforced by the Vehicle Certification Agency. Failure to comply is punishable by a £5000 fine and/or 3 months imprisonment. Furthermore, the VCA have the power to enter premises, demand to see apparatus and documentation and also to impound equipment.

The list of apparatus covered by this directive is split into two categories. Equipment in part 1 of the list must meet specific noise limits, and must be marked with their maximum noise level. Complying with this part of the directive requires notified body involvement, either to approve a manufacturer's quality control system or approve the noise tests performed on the product. Equipment in part 2 of the list is not subject to noise limits, but must still be marked with its maximum noise level. This equipment can be self-certified by following the test procedures and documentation requirements set out in the directive and harmonized standards.

Both types of equipment covered by this directive require a technical file, a declaration of conformity and the products to be marked with the CE logo. Uniquely, a copy of the declaration of conformity containing the noise test results must be sent to the European Commission and national governments of EU states in which the product will be sold. The directive came fully into force in January 2002.


Contents

Title
Purpose
Scope
Directive history
Enforcement
Requirements
Implementation
Future developments
Useful links
Further advice

Title

Directive 2000/14/EC of the European Parliament and 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.

Purpose

The directive is enacted under article 95 of the Treaty of Amsterdam, which implies that the fundamental purpose is to facilitate the free movement of goods between member states of the EU. In practice, the Directive recognises the desire of member states to control the emission of noise from machinery used outdoors and has been enacted to ensure that the requirements for reducing such noise are the same in every member state. It replaces a raft of previous legislation which covered individual types of equipment and provides for an approach which is consistent in each state of the EU and with the other community legislation which applies to machinery and equipment.

Scope

The directive applies to a list of 57 specified types of apparatus. The list includes the vast majority of mobile equipment which is intended for use outdoors, and applies irrespective of the source of power. In practice, most equipment powered by diesel or petrol engines and much equipment which is electrically powered and which is used outdoors is covered in one way or another. Typical examples are lawnmowers, generators, welders, construction equipment, agricultural and forestry equipment as well as building site and earth moving equipment.

Exact definitions of each type of equipment are contained in Annex 1 of the Directive.

There are certain specific exclusions, including vehicles intended to be used on road, rail, air or waterways and equipment for military and police purposes.

Directive history

The directive replaces a number of previous directives, each of which cover a specific type of equipment. The directives repealed are:

  • 79/113/ EEC and 84/532/EEC on Construction Plant Equipment
  • 84/533/EEC on Compressors
  • 84/534/EEC on Tower Cranes
  • 84/535/EEC on Welding Generators
  • 84/536/EEC on Power Generators
  • 84/537/EEC on Concrete Breakers
  • 84/538/EEC on Lawnmowers
  • 86/662/EEC on Hydraulic Excavators

It's important to understand, however, that the scope of the new directive includes much equipment which was not within the scope of the older directives.

Enforcement and penalties

The enforcement agency for the Regulations in the UK is the Vehicle Certification Agency. The agency has powers to enter premises and demand sight of equipment and its associated documentation, and also has the power to impound equipment. The maximum sentence for an offence under the Regulations is a fine of up to £5000 and three months in gaol.

Requirements

As already noted, the directive has two different sets of requirements. The list of apparatus is split into two. For the first part of the list, machines must meet specified noise limits and must be marked to show the maximum noise they will emit. For the machines in the second part of the list there are no noise limits, but the noise level has to be marked on the machine in a specified format of label.

In addition to the requirement to label the machine with the maximum noise level, manufacturers must compile a technical file to show that the measurements were made in accordance with the specified test methods and they must also complete a Declaration of Conformity for each piece of equipment. The Declaration must include details of the test methods applied and of the noise values measured. The CE logo must also be applied to the machine to show compliance with the directive, although in practice the machinery will already have to show the logo under the other directives which apply to it.

Uniquely, the Directive also requires that a copy of the Declaration of Conformity showing the noise values for the machinery must be sent to both the European Commission headquarters in Brussels and to the national goverment of the EU state in which the product is being sold. It is understood that the intention is to gather information on the environmental noise performance of equipment across the community rather than as an enforcement exercise, but clearly incorrectly completed Declarations have the potential to draw the attention of the enforcing agency.

The Directive defines the test methods which have to be used to determine the noise level from a machine and these are based on a number of harmonised standards as well as detailed conditions given in the Directive. Manufacturers of equipment in either part of the list are responsible for ensuring that the noise measurements on their equipment are made according to the requirements of the standard and are documented accordingly. In most cases, the test methods include a requirement to test several items of the equipment, to average the results from the tests and then add a factor to allow for the uncertainty in the measurement.

For machinery on the first part of the list, compliance with the directive will require the involvement of an independently accredited laboratory (a "notified body"). Two routes to compliance are provided. In the first the manufacturer must have an accredited ISO9000 quality management system which covers the measurement of noise of their products and controls any noise sensitive factors in the manufacturing process. The notified body role is to provide accreditation for the quality control system. In the second route, the manufacture can simply perform the tests themselves and then present the results to the notified body along with the Technical File. The notified body will check that the results demonstrate that the noise emissions from the machinery are below the limits set in the directive, and will check that the method used to make the measurements is in accordance with the requirements of the appropriate standard.

Machinery on the second part of the list can be self-certified by the manufacturer but it important to realise that the test methods and documentation defined in the directive must be followed and the enforcement authorities have the power to take action against a manufacturer who fails to follow the correct procedures or to document them properly.

It's not clear why some equipment was felt to be needful of mandatory limits and independently audited testing procedures while other equipment was not, but it would appear that in general the equipment which requires notified body involvement is that which was already subject to some restrictions under preceeding legislation.

Implementation

Directive 2000/14/EC came into force on 3 July 2001. Until 3 January 2002 manufacturers can comply with the new Directive or can continue to comply with the old legislation which applied in the territories before the new directive came into force. From the beginning of 2002, however, all manufacturers of products within the scope of the directive are obliged to comply fully with its requirements.

Where noise limits are imposed, the limits themselves are apparently reasonably restrictive and it is a stated aim of the directive to actually reduce noise levels in the environment over time. In order to give manufacturers time in which to introduce modifications to quieten their products, the limits will be introduced in two phases - the first on the date of full implementation (3 January 2002) and the second stage limit on 3 January 2006. Second stage limits are typically 2 - 3 dB lower than the first stage limits.

Future developments

Directive 2000/14/EC probably represents all that it likely to happen with respect to environmental noise in the near future. However, there is a proposed new directive on human body exposure to vibration which will also affect many of the products within the scope of 2000/14/EC and several other CE marking directives.

Useful links

The European Commission have a special section on noise with much useful information on their EUROPA server. This includes the full text of the directive and of the directives which are to be repealed by 2000/14/EC.

The UK government's Department for Business, Enterprise and Regulatory Reform (BERR) publish a number of useful guides on the Directive and these are available for download. These include a useful guide to the contents of the technical file and the Declaration of Conformity.

The UK Statutory Instrument enforcing the Directive can be downloaded from the HSMO web site. This contains details of test methods for many of the types of equipment affected by the Directive.

Useful information may also be found on the Health and Safety Executive web site.

Links to some bodies notified under the directive can be found on our Notified Bodies page.

Further advice

As with all CE marking directives, the actual requirements for any piece of equipment under the directive are complex and dependent on not only the design but also the type of user, the intended use and sometimes even what is claimed in the instructions or sales literature.

For further advice specific to your products, please contact us at Conformance and we will be pleased to discuss your needs. If you'd like us to prepare a no-obligation quote for assisting you with CE marking your products, please take a look at our page which gives details of the information required in order to be able to give you an accurate idea of the costs and procedures involved.