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

Made: 3rd May 2001

Laid before Parliament: 3rd May 2001

Coming into force

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to noise emission in the environment by equipment for use outdoors, in exercise of the powers conferred on him by that section and of all his other enabling powers, hereby makes the following Regulations:

Citation, commencement and revocation

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• (1) These Regulations may be cited as the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001.

• (2) This regulation, regulations 2 and 14 shall come into force on 4th June 2001, except that regulation 2(1)(b) shall not have effect until the date of the coming into force of the Decision by the EEA Joint Committee by which the application of the Directive is extended to the EEA.

• (3) The remaining regulations shall come into force on 3rd July 2001.

• (4) The Construction Plant and Equipment (Harmonization of Noise Emission Standards) Regulations 1985 , the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 , the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992 and the Construction Plant and Equipment (Noise Emission) Regulations (Northern Ireland) 1987 are revoked with effect from 3rd January 2002.

Interpretation

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• (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 ...;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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 to a paragraph in a regulation is a reference to a paragraph in that regulation.

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

• “approved body” has the meaning given to it in regulation 13;

• “CE marking" means the CE marking referred to in Article 3(c) of the Directive consisting of the initials “CE" in the form shown in Annex IV to the Directive;

• ...

• “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 ...—assemblies which fall within one of the following descriptions—an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;an assembly as referred to in sub-paragraph (i), missing only the components to connect it on site or to sources of energy and motion;an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or structure;assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly completed machinery, which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort;devices which, after the putting into service of machinery or of a tractor, are assembled with that machinery or tractor by operators themselves in order to change its function or attribute a new function, in so far as they are not tools (“interchangeable equipment”); andcomponents—which serve to fulfil a safety function;which are independently placed on the market;the failure or malfunction of which endangers the safety of persons; andwhich are not necessary in order for the machinery to function, or for which other components which do not fall within sub-paragraphs (i) to (iii) may be substituted in order for the machinery to function,to the extent that they are either self-propelled or can be moved and which, irrespective of the driving element(s), are intended to be used, according to their type, in the open air and which contribute 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" meansthe manufacturer;the manufacturer’s authorised representative established in the United Kingdom; orwhere neither the manufacturer nor his authorised representative is established in the United Kingdom, the person placing the equipment on the market or putting it into service in Great Britain;

• “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;

• ...

• “sound power level LWA" means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995 and EN ISO 3746: 1995;

• “UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;

Application

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• (1) Subject to regulations 4, 5 and 6, these Regulations shall apply to equipment listed in Schedules 1 and 2, as further defined in Schedule 4.

• (2) These Regulations shall apply, and the provisions of sections 1.5.8 and 1.7.4(u) of Part 1 of Schedule 2 to the Supply of Machinery (Safety) Regulations 2008 shall not apply, to any equipment listed in Schedules 1 and 2, as further defined in Schedule 4 in respect of the requirements relating to the sound power level of equipment.

Excluded equipment

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These Regulations shall not apply to—

• (a) non-powered attachments separately placed on the market or put into service except for hand-held concrete breakers and picks and those for hydraulic hammers;

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

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

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These Regulations shall not apply to equipment placed on the market before 3rd July 2001.

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• (1) Subject to paragraph (2), these Regulations shall not apply to equipment placed on the market or put into service on or before 2nd January 2002 which comply with any provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 2nd July 2001.

• (2) The exclusion provided in paragraph (1) shall not apply in the case of equipment which—

• (a) unless required to bear the CE marking pursuant to any other EU obligation, bears the CE marking or an inscription liable to be confused with it; or

• (b) bears or is accompanied by any other indication, howsoever expressed, that it complies with the Directive.

General duty relating to placing on the market or putting into service

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• (1) Subject to regulation 8, no person, who is a responsible person, shall place on the market or put into service any equipment listed in Schedules 1 and 2 and further defined in Schedule 4 unless the requirements of paragraph (2) have been complied with in relation to it.

• (2) The requirements in respect of equipment described in paragraph (1) are that:

• (a) it satisfies the relevant requirements set out in regulation 8;

• (b) the appropriate conformity assessment procedure referred to in regulation 10 has been completed in relation to it;

• (c) it bears the UK marking and the indication of the guaranteed sound power level in accordance with regulation 11; and

• (d) it is accompanied by a declaration of conformity the minimum content of which is set out in Schedule 5.

• (2A) Where paragraph (2B) applies, paragraph (2)(c) is met where the UK marking is affixed to—

• (a) a label affixed to the equipment; or

• (b) a document accompanying the equipment.

• (2B) This paragraph applies to equipment that is placed on the market within a period of seven years beginning with IP completion day.

• (3) ... The declaration of conformity shall be in English.

• (4) A specimen of the declaration of conformity shall be retained by the responsible person for 10 years from the date on which the type of equipment was last manufactured, together with the technical documentation as provided for in Schedule 8 point 3, Schedule 9 point 3, Schedule 10 point 2, and Schedule 11 points 3.1 and 3.3.

• (5) Type-examination certificates issued and measurements of equipment carried out under the Regulations listed in regulation 1(4) may be used in drawing up the technical documentation referred to in paragraph (4) above.

• (6) Paragraph (1) shall only apply to equipment that is placed on the market or put into service as an entire unit suitable for the intended use of that equipment.

Permissible sound power level of equipment

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• (1) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 1 and defined in Schedule 4 are that the guaranteed sound power level does not exceed the applicable permissible sound power level as laid down in the table set out in Schedule 3 and as calculated in accordance with the provisions in Schedule 6.

• (2) The sound power levels in the column headed “Stage I" of the table set out in Schedule 3 shall apply from 3rd January 2002 and those in the column headed “Stage II" of the said table shall apply from 3rd January 2006.

• (3) The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 2 and defined in Schedule 4 are that the guaranteed sound power level shall be marked on the equipment.

Exceptions to placing on the market and putting into service of certain equipment

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For the purposes of regulation 7, equipment shall not be regarded as being placed on the market or put into service—

• (a) where that equipment—

• (i) will be put into service in a country outside Great Britain; or

• (ii) is imported into Great Britain for re-export to Northern Ireland or a country outside of the United Kingdom;

save that this paragraph shall not apply if the UK marking, or any inscription liable to be confused therewith, is affixed thereto; or

• (b) by the showing at trade fairs, exhibitions, demonstrations and similar events, of that equipment in respect of which the provisions of these Regulations are not satisfied if—

• (i) a visible sign clearly indicates that—

• (aa) such equipment does not conform; and

• (bb) it is not placed on the market or put into service until it has been brought into conformity by the responsible person; and

• (ii) adequate safety measures are taken during demonstrations to ensure the protection of persons.

Conformity assessment procedures

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For the purposes of regulation 7(2)(b), the appropriate conformity assessment procedure is:

• (a) for equipment listed in Schedule 1 and defined in Schedule 4, one of the procedures set out in Schedule 9, 10 or 11; or

• (b) for equipment listed in Schedule 2 and defined in Schedule 4, the procedure set out in Schedule 8.

CE marking and indication of the guaranteed sound power level

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• (1) The UK marking shall be accompanied by the indication of the guaranteed sound power level.

• (2) The UK marking and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment or, where regulation 7(2B) applies, to a label affixed to the equipment or to a document accompanying the equipment.

• (3) Subject to paragraph (4), where the equipment is subject to other enactments covering other aspects which provide for the affixing of the UK marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other enactments.

• (4) Where one or more of the other enactments referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the UK marking shall indicate conformity only with the enactments applied by the manufacturer, and in this case, particulars of the enactments applied ... must be given in the documents, notices or instructions required by the enactments and accompanying the equipment.

• (5) The affixing of markings or inscriptions on equipment which are likely to be misleading as to the meaning or form of the UK marking or to the indication of the guaranteed sound power level is prohibited.

• (6) Any other marking may be affixed to equipment provided that the visibility and legibility of the UK marking and the indication of the guaranteed sound power level is not thereby reduced.

Provision of data

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The responsible person must send a copy of the declaration of conformity to the Secretary of State ... within 28 days of placing the equipment on the market.

Notified Bodies

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• (1) For the purposes of these Regulations, an approved body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 10(a) and which—

• (a) has been appointed as an approved body in the United Kingdom pursuant to regulation 14; or

• (b) immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 14(2)(e) as it had effect immediately before IP completion day, to terminate the appointment.

• (2) In this regulation “notified body” means a body which before IP completion day has been—

• (a) appointed as a notified body in the United Kingdom pursuant to regulation 14, as it had effect immediately before IP completion day; and

• (b) notified by the Secretary of State to the European Commission and other member States pursuant to Article 15 of the Directive.

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• (1) The Secretary of State may from time to time appoint such persons which meet the approved body requirements, as he thinks fit to be approved bodies for the purposes of these Regulations.

• (2) An appointment—

• (a) may relate to all descriptions of equipment or such descriptions (which may be framed by reference to any circumstances whatsoever) of equipment as the Secretary of State may from time to time determine;

• (b) may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;

• (c) shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (4), require that body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the responsible person duly fulfils the obligations arising out of the relevant conformity assessment procedure;

• (d) shall be terminated upon 90 days’ notice in writing to the Secretary of State, at the request of the approved body; and

• (e) may be terminated if it appears to the Secretary of State that any of the approved body requirements or the conditions of the appointment are not complied with.

• (3) Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.

• (4) An approved body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if—

• (a) for any reason the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;

• (b) the person making the application has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 15; or

• (c) the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.

• (5) If for any reason the appointment of an approved body is terminated under this regulation, the Secretary of State may—