S.I. No. 241/2006 - European Communities (Noise Emission by Equipment for Use Outdoors) (Amendment) Regulations 2006

STATUTORY INSTRUMENTS

S.I. No. 241 of 2006

European Communities (Noise Emission by Equipment for Use Outdoors) (Amendment) Regulations 2006

I, Micheál Martin, Minister for Enterprise, Trade 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 Directive 2005/88/EC of the European Parliament and of the Council of 14 December 2005¹ hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities Noise Emission by Equipment for Use Outdoors (Amendment Regulations 2006.

(2) These Regulations shall be deemed to have come into operation on 3 January 2006.

2. The European Communities (Noise Emission by Equipment for Use Outdoors) Regulations 2001 ( S.I. No. 632 of 2001 ) are amended by substituting for the table in Part A of the Schedule to those Regulations the following:

“

Type of equipment	Net installed power P (in kW) Electric power P_el ⁽¹⁾ in kW Mass of appliance m in kg Cutting width L in cm	Permissible sound power level in dB/1 pW
		Stage I as from 3 January 2002	Stage II as from 3 January 2006
Compaction machines (vibrating rollers, vibratory plates, vibratory rammers)	P ≤ 8	108	105⁽²⁾
	8 < P ≤ 70	109	106⁽²⁾
	P > 70	89 + 11 1g P	86 + 11 1g P⁽²⁾
Tracked dozers, tracked loaders, tracked excavator-loaders	P ≤ 55	106	103⁽²⁾
Tracked dozers, tracked loaders, tracked excavator-loaders	P > 55	87 + 11 1g P	84 + 11 1g P⁽²⁾
Wheeled dozers, wheeled loaders, wheeled excavator-loaders, dumpers, graders, loader-type landfill compactors, combustion-engine driven counterbalanced lift trucks, mobile cranes, compaction machines (non-vibrating rollers), paver-finishers, hydraulic power packs	P ≤ 55	104	101^{(2) (3)}
	P > 55	85 + 11 1g P	82 + 11 1g P^{(2) (3)}
Excavators, builders' hoists for the transport of goods, construction winches, motor hoes	P ≤ 15	96	93
	P > 15	83 + 11 1g P	80 + 11 1g P
Hand-held concrete-breakers and picks	m ≤ 15	107	105
	15 < m < 30	94 + 11 1g m	92 + 11 1g m⁽²⁾
	m ≥ 30	96 + 11 1g m	94 + 11 1g m
Tower cranes		98 + 1g P	96 + 1g P
Welding and power generators	P_el ≤ 2	97 + 1g P_el	95 + 1g P_el
	2 < P_el ≤ 10	98 + 1g P_el	96 + 1g P_el
	P_el > 10	97 + 1g P_el	95 + 1g P_el
Compressors	P ≤ 15	99	97
Compressors	P > 15	97 + 2 1g P	95 + 2 1g P
Lawnmowers, lawn trimmers/lawn-edge trimmers	L ≤ 50	96	94⁽²⁾
	50 < L ≤ 70	100	98
	70 < L ≤ 120	100	98⁽²⁾
	L > 120	105	103⁽²⁾

⁽¹⁾ P_el for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer.

P_el for power generators: prime power according to ISO 8528-1:1993, clause 13.3.2.

⁽²⁾ The figures for stage II are merely indicative for the following types of equipment:

- Walk-behind vibrating rollers;

- Vibratory plates (> 3 kW);

- Vibratory rammers;

- Dozers (steel tracked);

- Loaders (steel tracked > 55 kW);

- Combustion-engine driver counterbalanced lift trucks;

- Compacting screed paver-finishers;

- Hand-held internal combustion-engine concrete-breakers and picks (15 < m < 30).

- Lawnmowers, lawn trimmers/lawn-edge trimmers.

Definitive figures will depend on amendment of the Directive following the report required in Article 20(1). In the absence of any such amendment, the figures for stage I will continue to apply for stage II.

⁽³⁾ For single-engine mobile cranes, the figures for Stage I shall continue to apply until 3rd January 2008. After that date, Stage II figures shall apply.

The permissible sound power level shall be rounded up or down to the nearest integer number (less than 0.5, use lower number; greater than or equal to 0.5, use higher number).

”.

GIVEN under my Official Seal,

3rd May 2006

Micheál Martin

Minister for Enterprise,

Trade and Employment.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to EU Directive 2005/88/EC on Noise Emission in the Environment by Equipment for Use Outdoors

These Regulations provide for certain types of equipment listed in Article 1 of the Directive, which would not able to meet the stage II limits by 3 January 2006 solely for technical reasons, to still be placed on the market and/or put into service by that date.

To be purchased directly from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2, through any bookseller, or by mail order from Government Publications, Postal Trade Section, 51 St. Stephens Green Dublin 2.

These Regulations are also available on the Department's website at www.entemp.ie

¹ OJ No. L344, 27.12.2005, p.44.