S.I. No. 359/1996 - European Communities (Construction Plant and Equipment) (Permissible Noise Levels) (Amendment) Regulations, 1996.

I, Richard Bruton, Minister for Enterprise 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 European Parliament and Council Directive 95/27/EC of 29 June, 1995¹, hereby make the following Regulations:

¹OJ No. L168 18.07.95, p. 14

1. (1) These Regulations may be cited as the European Communities (Construction Plant and Equipment)(Permissible Noise Levels)(Amendment) Regulations, 1996.

(2) These Regulations shall come into operation on the 3rd day of December, 1996.

2. In these Regulations "Principal Regulations" means the European Communities (Construction Plant and Equipment)(Permissible Noise Levels) Regulations, 1988 ( S.I. No. 320 of 1988 ).

3. (1) Regulation 2 of the Principal Regulations is hereby amended by the substitution, in paragraph 2 of –

(a) the following definition for the definition of "EOLAS":

"'approved body' means a body appointed by the Minister to carry out the functions of an approved body under the Separate Directives;", and

(b) the following definition for the definition of "Separate Directives":

"Separate Directives' means Council Directives 84/533/EEC of 17 September 1984² (as amended by Commission Directive 85/406/EEC of 11 July 1985³), 84/534/EEC of 17 September 1984⁴ (as amended by Council Directive 87/405/EEC of 25 June 1987⁵), 84/535/EEC of 17 September 1984⁶ (as amended by Commission Directive 85/407/EEC of 11 July 1985⁷), 84/536/EEC of 17 September 1984⁸ (as amended by Commission Directive 85/408/EEC of 11 July 1985⁹) and 84/537/EEC of 17 September 1984¹⁰ (as amended by Commission Directive 85/409/EEC of 11 July 1985¹¹) on the approximation of the laws of the Member States relating to the permissible sound power level of compressors, tower cranes, welding generators, power generators, powered hand-held concrete-breakers and picks, and Council Directive 86/662/EEC of 22 December 1986¹² (as amended by Commission Directive 89/514/EEC of 2 August 1989¹³, and European Parliament and Council Directive 95/27/EC of 29 June 1995) on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders;"

²OJ No. L330, 19.11.84, p.123

³OJ No. L233, 30.08.85, p.11

⁴OJ No. L300, 19.11.84, p.130

⁵OJ No. L220, 08.08.87, p.60

⁶OJ No. L300, 19.11.84, p.192

⁷OJ No. L233, 30.08.85, p.16

⁸OJ No. L300, 19.11.84, p.l49

⁹OJ No. L233, 30.08.85, p.18

¹⁰OJ No. L300, 19.11.84, p156

¹¹OJ No. L233, 30.08.85, p.20

¹²OJ No. L384, 31.12.86, p.1

¹³OJ No. L253, 30.08.89,p.35

(2) References in the Principal Regulations to "EOLAS" shall be construed as references to an "approved body".

(3) References in the Principal Regulations to an "EEC type-examination certificate", "EEC type-examination requirements" or an "EEC mark" shall be construed as references to an EC type-examination certificate, EC type-examination requirement, or an EC mark, as the case may be.

4. The Principal Regulations are hereby amended by the substitution of the following for Regulations 3:

"3.(1) These Regulations apply to construction, plant and equipment, that is to say –

(a) compressors, tower cranes, welding generators, power generators, powered hand-held concrete-breakers and picks, and

(b) hydraulic excavators, rope-operated excavators, dozers, loaders and excavator loaders, the installed power of which is below 500 kW,

designed for use on civil engineering or building sites and not primarily for the transport of goods or persons.

(2) These Regulations do not apply to agricultural or forestry tractors, or lifting appliances.".

5. The Principal Regulations are hereby amended by –

(a) the substitution of the following paragraph for paragraph (3) of Regulation 15:

"(3) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.", and

(b) the revocation of paragraph (4) of Regulation 15.

GIVEN under my Official Seal, this 3rd day of December, 1996.

Richard Bruton

Minister for Enterprise and Employment.

EXPLANATORY NOTE

The purpose of these Regulations is to give legal effect to European Parliament and Council Directive 95/27/EC amending Council Directive 86/662/EEC on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders, the installed power of which is below 500kW.

The Regulations, which came into effect on 3 December, 1996, provide for revised noise levels of the equipment in question, as outlined in Directive 95/27/EC.

To be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2, or by mail order from Government Publications Postal Trade Division, 4/5 Harcourt Road, Dublin 2.