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

Interpretation

2.—(1) In these Regulations—

(a) “the Directive” means Directive 2000/14/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors(1);

(b) except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State: for this purpose—

(i) the “EEA” means the European Economic Area;

(ii) an “EEA State” means a State which is a Contracting Party to the EEA Agreement; and

(iii) the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(2); and

(c) unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference—

(i) to a paragraph in a regulation is a reference to a paragraph in that regulation;

(ii) to an Annex is a reference to an Annex of the Directive: for the purposes of these Regulations, Annexes I, II, III, IV, V, VI, VII and VIII are respectively set out in Schedules 4, 5, 6, 7, 8, 9, 10 and 11;

(iii) to a paragraph in an Annex is a reference to a paragraph in that Annex as set out in the relevant Schedule;

(iv) to an Article is a reference to an Article of the Directive.

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

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

“the Commission” means the Commission of the European Communities;

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

“equipment” means equipment for use outdoors;

“equipment for use outdoors” means all machinery defined in Article 1(2) of Directive 98/37/EC of the European Parliament and of the Council of 22nd June 1998 on the approximation of the laws of the Member States relating to machinery(3), that is to say;

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

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

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

which is either self-propelled or can be moved and which, irrespective of the driving element(s), is intended to be used, according to its type, in the open air and which contributes to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;

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

“open air” includes the use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance, under tents, under roofs for protection against rain or in the shell of houses);

“responsible person” means

(a)

the manufacturer;

(b)

the manufacturer’s authorised representative established in the Community; or

(c)

where neither the manufacturer nor his authorised representative is established in the Community, the person placing the equipment on the market or putting it into service in the Community;

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

“measured sound power level” means a sound power level as determined from measurements as laid down in Schedule 6; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines;

“notified body” shall be construed in accordance with regulation 13;

“sound power level L_WA” means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995(4) and EN ISO 3746: 1995(5).

(1)

OJ L162, 3.7.2000, p.1.

(2)

A Decision of the EEA Joint Committee will extend the application of the Directive to the EEA. That Decision has not been made at the date of making of these Regulations.

(3)

OJ L207, 23.7.1998, p.1. Directive as amended by Directive 98/79/EC (OJ L331, 7.12.1998, p.1).

(4)

EN ISO 3744:1995—Acoustics—Determination of sound power levels of noise sources using sound pressure—Engineering method in an essentially free field over a reflecting plane.

(5)

EN ISO 3746:1995—Acoustics—Determination of sound power levels of noise sources using sound pressure—Survey method using an enveloping measurement surface over a reflecting plane.