Within the framework of the internal market, requirements for the noise emission by equipment for use outdoors have to be harmonised in order to prevent obstacles to the free movement of such equipment. Reducing permissible noise levels for such equipment will protect the health and well-being of citizens as well as protect the environment. The public should also be provided with information on the noise emitted by such equipment.

Community legislation concerning noise emission by equipment for use outdoors has consisted to date of the following nine directives covering some types of construction machinery and lawnmowers: Council Directive 79/113/EEC of 19 December 1978 on the approximation of the laws of the Members States relating to the determination of the noise emission of construction plant and equipment4, Council Directive 84/532/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to common provisions for construction plant and equipment5, Council Directive 84/533/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power lever of compressors6, Council Directive 84/534/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of tower cranes7, Council Directive 84/535/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of welding generators8, Council Directive 84/536/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of power generators9, Council Directive 84/537/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of powered hand-held concrete-breakers and picks10, Council Directive 84/538/EEC of 17 September 1984 on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers11 and Council Directive 86/662/EEC of 22 December 1986 on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders12, hereinafter referred to as ‘existing Directives’; these Directives lay down the requirements with regard to permissible noise levels, noise test codes, marking and conformity assessment procedures for each type of equipment separately. A simplification of this legislation and the creation of a framework for the reduction of noise emission by equipment for use outdoors is appropriate.

This Directive is based on the principles and concepts set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards13. The aforementioned principles have been further developed in the Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedure and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives14.

The Fifth Environmental Action Programme attached to the resolution of 1 February 199315 identifies noise as one of the most pressing environmental problems in urban areas and the need to take action with regard to various noise sources.

In its Green Paper ‘Future Noise Policy’, the Commission addressed noise in the environment as one of the main local environmental problems in Europe, and announced its intention to propose a framework directive to control noise emission by equipment for use outdoors.

Member States should ensure that equipment covered by this Directive complies with the requirements thereof when placed on the market or put into service in the Member States. Requirements protecting workers by regulating the use of outdoor equipment are not affected by this Directive.

Member States should not prohibit, restrict or impede the placing on the market or putting into service in their territory of equipment which complies with the requirements 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.

The manufacturer or his authorised representative established in the Community should be responsible for ensuring that the equipment is in conformity with the provisions of this Directive and of any other directives that apply to it. The manufacturer or his authorised representative established in the Community should affix the CE marking and the indication of the guaranteed sound power level to the equipment and ensure that the equipment is accompanied by an EC declaration of conformity in order to certify thereby that the equipment is in conformity with the provisions of this Directive and any other pertinent directives.

Member States, if necessary in cooperation with other Member States, should take all appropriate measures to ensure that non-complying equipment will comply in future or is withdrawn from the market. A sound implementation and application of this Directive is indispensable to meet the objectives of this Directive. A closer cooperation in the market surveillance by means of a continuous exchange of information is necessary. Therefore a Committee should be established.

Marking of equipment for use outdoors with its guaranteed sound power level is essential in order to enable consumers and users to make an informed choice of equipment and as a basis for regulation on use or economic instruments to be adopted at the local or national level. This marking must be clear and unambiguous. The indicated values should be guaranteed by the manufacturer. It is appropriate that the indication of the noise emission in the form of the guaranteed sound power level should accompany the CE marking. A unified, fixed procedure to assess noise emission values is an indispensable condition for reliable marking.

Existing directives concerning compressors, tower cranes, welding and power generators, and concrete-breakers and picks require the Commission to submit proposals to reduce the permissible noise levels. Noise reduction technology for some other equipment for use outdoors (e.g. graders, loader-type landfill compactors, dumpers, combustion-engine driven counterbalanced lift trucks, mobile cranes, builders' hoists, construction winches, compaction machines, paver-finishers and hydraulic power packs) is available but not generally used. Surveys show that the noise emission values of equipment for use outdoors of the same power currently on the market can differ by more than 10 dB. It is appropriate to reduce noise emissions by equipment subject to noise limits down to the level of the better performers on the market today in two stages, in order to allow manufacturers who do not already comply with the requirements sufficient time to adapt their equipment to the more demanding limit values.

Different conformity assessment procedures may be considered appropriate for different categories of equipment. Decision 93/465/EEC offers different modules for use in conformity assessment procedures. For equipment subject to permissible sound power levels, a procedure consisting of an involvement of a notified body for checking the conformity with the provisions of this Directive in the design and the production phase is considered to be appropriate. Self certification is considered appropriate for equipment subject to noise marking only. Monitoring is indispensable.

The technical and administrative standards of notified bodies throughout the Community should be the same. This can only be achieved by setting minimum criteria they have to meet.

The collection of noise data is considered to be indispensable as a basis for informed consumer choice and for the Member States' and the Commission's further assessment of new technological development and the need for further legislative action. These noise data can be collected by simply sending a copy of the EC declaration of conformity to the Member State and the Commission.

In order to protect citizens against unreasonably high noise exposure, Member States should be able to restrict, in accordance with the provisions of the Treaty, the use of equipment in the environment.

The technical provisions concerning the measurement methods must be supplemented and adapted as necessary to technical progress and the progress in European standardisation. The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission16.

It is important to have lower noise emission limits for lawnmowers and lawn trimmers/lawn edge trimmers which have remained unchanged since the adoption of Directive 84/538/EEC. To give guidance to industry, indicative figures for lower limits should be introduced for stage II. The Commission should submit a report to the European Parliament and the Council on whether and to what extent technical progress allows a reduction of limit values for lawnmowers and lawn trimmers/lawn edge trimmers, and, if appropriate, submit a proposal to amend this Directive.

This Directive replaces the existing directives; the existing directives must be repealed when the requirements of this Directive come into force. Transitional periods are necessary to allow a smooth transition from the existing directives to this Directive,