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Non-material physical mission procedure

Original Language Title: Regeling geluidemissie buitenmaterieel

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Non-material physical mission procedure

The Minister for Housing, Spatial Planning and the Environment, acting in accordance with the Minister for Economic Affairs;

Having regard to Directive 2000 /14/EC from the European Parliament and the Council of the European Union of 8 May 2000 on noise emission in the environment by equipment for use outdoors (PbEG L 162) and on Article 2, first paragraph, second paragraph, point (d) and third member, of the Noise Act and Article 15.31 (b) of the Environment ;

Decision:


Article 1

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  • The following definitions shall apply:

    a. CE marking:

    on the equipment for use outdoors in a visible, legible and indelible manner, in accordance with the provisions of Annex IV to this Regulation. Directive 2000/14 Model CE marking as defined in Decision 93/465, accompanied by the indication of the guaranteed sound power level in accordance with Annex IV to this Regulation. Directive 2000/14 Model given;

    b. Certificate of conformity:

    Certificate according to the model of Annex X of Directive 2000/14 , which provides an inspection body where the equipment for use outdoors complies with the conformity assessment procedure set out in Annex VII to this Regulation. Directive 2000/14 ;

    c. EC declaration of conformity:

    Declaration by the manufacturer or his authorised representative established within the Community that the equipment for use outdoors is in conformity with the requirements of Directive 2000/14 , which in any case contains the Annex II of Directive 2000/14 Data mentioned;

    ed. sound power level LWA:

    A-weighted sound power level in dB, involved on 1 pW as defined in EN ISO 3744:1995 and EN ISO 3746:1995;

    e. Community:

    the territories to which the Treaty on European Union applies;

    f. Measured sound power level:

    Sound power level determined according to the measurements carried out in accordance with Annex III of this Regulation. Directive 2000/14 ;

    g. Guaranteed sound power level:

    sound power level determined in accordance with the requirements of Annex III to this Regulation. Directive 2000/14 , including uncertainties as a result of variations in production and measurement methods, and of which the manufacturer or his authorised representative established within the Community ensures that it is used in accordance with the technical documentation used, technical instruments are not exceeded;

    h. Approval authority:

    body under whose responsibility the conformity assessment procedures set out in Annexes VI, VII and VIII of Directive 2000/14 a body designated by another Member State as a body to carry out those conformity assessment procedures, respectively, shall be implemented.

    i. equipment for outdoor use:
    • 1. machines, defined in Article 1, second paragraph, of Directive 98 /37/EC of the European Parliament and of the Council of the European Union of 22 June 1998 on machinery which are self-driving or can be moved and which, irrespective of their type of propulsion, are designed to be self-driving and which, irrespective of their type of propulsion system, are designed to be self-driving to be used and to contribute to noise nuisance (PbEG L 207); and

    • 2. non-driving machines for industrial or environmental applications of a type intended for outdoor use and which contribute to noise pollution;

    j. Minister:

    Minister for Housing, Spatial Planning and the Environment;

    k. Conformity assessment procedures:

    procedures laid down in Annexes V to VII of Directive 2000/14 which are based on Decision 93/465 of the Council of the European Union of 22 July 1993 (PbEG L 220) concerning the modules for the various phases of the conformity procedures and the rules for the application and use of the rules for the application of the rules of the European Union CE marking of conformity;

    l. Directive 2000/14:

    Directive 2000 /14/EC from the European Parliament and the Council of the European Union of 8 May 2000 on noise emission in the environment by equipment for use outdoors (PbEG L 162).

  • 2 For the purpose of this arrangement, the use of the equipment referred to in paragraph 1 (i) in an environment where the sound transmission is not or is hardly muffled is considered to be outdoor use.


Article 2

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This arrangement shall not apply to:

  • a. Non-powered fittings placed on the market or put into service separately, with the exception of hand-run concrete-breeders, picks and hydraulic hammers;

  • b. outdoor equipment intended primarily for the carriage of goods or passengers by road, rail, air or inland waterway;

  • c. Specially designed and constructed equipment for use outdoors for military or police purposes or for emergency services.


Article 3

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If neither the manufacturer, nor his authorised representative is established in the Community, any person who places the equipment for use in the Community on the market or put into service shall comply with the obligations of the Community. Directive 2000/14 .


Article 4

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  • 1 It is prohibited equipment for use outdoors, as referred to in Article 12 of Directive 2000/14 Placing on the market or use:

    • a. for which the conformity assessment procedures set out in Annexes VI, VII or VIII of that Directive have not been completed,

    • (b) that has not been marked with the CE marking by the manufacturer or his authorised representative established within the Community;

    • (c) which is not accompanied by an EC declaration of conformity; or

    • d. The guaranteed sound power level, from 3 January 2002 and from 3 January 2006 onwards, is higher than the permissible sound power level specified in the following table.

      Type of equipment

      Net installed power P in kW

      Permissible sound power level in dB/1 pW

      Electric Power Pel (1) In kW

      Mass m of the material in kg

      Mow width L in cm

      Phase I from

      Phase II from

      3 January 2002

      3 January 2006

      Reconditioning machines (vibrating, vibrating, vibrating or tramping machines)

      P ≤ 8

      108

      105 (2)

      8 < P ≤ 70

      109

      106 (2)

      P > 70

      89 + 11 lg P

      86 + 11 lg P (2)

      Crawler dozers, crawler dozers and excavator-loaders

      P ≤ 55

      106

      103 (2)

      P > 55

      87 + 11 lg P

      84 + 11 lg P (2)

      Dozers on wheels, loading and excavating machines on wheels, dumpers, levelling machines, sheet type garbage compactors, combustion engine lift trucks and counter-weight, mobile cranes, rollers (non-vibrating rollers), Restrating machines, hydraulic assemblies

      P ≤ 55

      104

      101 (2) (3)

      P > 55

      85 + 11 lg P

      82 + 11 lg P (2) (3)

      Excavators, skip hoists, construction winches, harvesters

      P ≤ 15

      96

      93

      P > 15

      83 + 11 lg P

      80 + 11 lg P

      Hand-guided concrete breakers and picks

      m ≤ 15

      107

      105

      15 < m < 30

      94 + 11 lg m

      92 + 11 lg m (2)

      ≥ 30

      96 + 11 lg m

      94 + 11 lg m

      Tower cranes

      98 + Lg P

      96 + lg P

      Las and power generators

      Pel ≤ 2

      97 + lg Pel

      95 + lg Pel

      2 < Pel ≤ 10

      98 + lg Pel

      96 + lg Pel

      10 > Pel

      97 + lg Pel

      95 + lg Pel

      Compressors

      P ≤ 15

      99

      97

      P > 15

      97 + 2 lg P

      95 + 2 lg P

      Lawn mowers, grastrim-mers/grass-canes

      L ≤ 50

      96

      94 (2)

      50 > L ≤ 70

      100

      98

      70 < L ≤ 120

      100

      98 (2)

      L > 120

      105

      103 (2)

  • 2 The guaranteed sound power level shall be rounded to the next total number, less than 0,5 and up and up to 0,5.

  • 3 The prohibition set out in the first paragraph shall not apply to outdoor equipment which is exhibited at events such as fairs, exhibitions or demonstrations, if:

    • a. It shall be clearly indicated that the equipment for use outdoors is not in accordance with the provisions of this Arrangement;

    • (b) the equipment for use outdoors is not placed on the market or put into service until it has been brought into conformity with the provisions of this Arrangement by the manufacturer or his authorised representative established within the Community; and

    • c. in the case of demonstrations, all appropriate security measures shall be taken to ensure the protection of persons.


Article 5

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  • 1 The Minister shall designate one or more bodies to be the test body.

  • 2 The Minister shall only designate bodies which comply with the requirements of Annex IX of this Regulation. Directive 2000/14 and accredited by the Council for Accreditation for the purpose of carrying out the conformity assessment procedures set out in Annexes VI, VII and VIII of this Regulation. Directive 2000/14 .

  • 3 The approval authority shall fix the fee for the fee payable by the manufacturer or his authorised representative established within the Community for the work of the inspection body.

  • The Minister may, for the tariff referred to in the third paragraph, place in the place a tariff to be fixed by him.


Article 6

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  • If the conformity assessment procedures are in accordance with the procedure laid down in Annex VI of this Regulation, Directive 2000/14 The manufacturer or his authorised representative established within the Community shall draw up and retain the technical documentation described in Annex VI to that Directive, and a copy of the EC declaration of conformity following the entry into force of this Directive. manufacturing of the last product for at least 10 years.

  • 2 The manufacturer or his authorised representative established within the Community may entrust another natural or legal person with the retention of the technical documentation. In that case, he shall indicate the name and address of that person in the EC declaration of conformity.

  • 3 The manufacturer shall take the necessary measures to ensure that the manufacturing process ensures that the manufactured equipment for use outdoors is in conformity with the requirements of points 2 and 3 of Annex VI to this Regulation. Directive 2000/14 the technical documentation and the rules of this scheme.


Article 7

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  • If the conformity assessment procedure is subject to the procedure laid down in Annex VI of this Regulation, Directive 2000/14 Before the first copy of the equipment for use is placed on the market or put into service, the manufacturer or his authorised representative established within the Community shall provide a copy of its technical copy; documentation to an inspection body as intended Article 5, first paragraph .

  • 2 After drawing up a report, certifying that the technical documentation complies with the provisions of this Arrangement, the manufacturer or his authorised representative established within the Community may affel the CE marking to the equipment to apply outdoor application and to establish an EC declaration of conformity. The EC declaration of conformity has been drawn up in English, in English, in French and in German.


Article 8

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  • If the conformity assessment procedures are in accordance with the procedure laid down in Annex VI of this Regulation, Directive 2000/14 the manufacturer or his authorised representative established within the Community shall be subject to an inspection body as referred to in Annex I to this Regulation. Article 5, first paragraph , in the manufacturing process in accordance with one of the two procedures set out in Annex VI, point 6 of that Directive.

  • 2 In the case of the procedures referred to in paragraph 1, the frequency of checks by the inspection body referred to in that paragraph shall be determined on the basis of the results of the previous assessments, the need to monitor and to monitor the monitoring of the checks and further guidance on the frequency of checks based on the annual production and general reliability of the manufacturer in maintaining guaranteed values. In any case, a check shall be carried out at least every three years.

  • 3 If, in the case of the inspection body referred to in paragraph 1, there are doubts as to the reliability of the technical documentation or to follow it during manufacture, the approval authority shall issue the manufacturer or his/her in the Community. established authorised representative.

  • 4 In cases where the equipment manufactured for outdoor use does not meet the requirements of this system, the approval authority, referred to in paragraph 1, shall inform the Minister accordingly.


Article 9

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  • 1 If the conformity assessment procedures are in accordance with the procedure laid down in Annex VII to this Regulation. Directive 2000/14 the manufacturer, or his authorised representative established within the Community, must be followed by an inspection body intended for Article 5, first paragraph -an application for a unit verification. This application shall include the Annex VII, point 2 of Annex VII. Directive 2000/14 data mentioned.

  • The Approval Authority shall:

    • a. Verifies that the equipment for use has been manufactured outside the home in accordance with the technical documentation;

    • Consult the applicant in consultation with the applicant, in accordance with the requirements of Annex III of this Regulation. Directive 2000/14 sound tests will be carried out; and

    • c. shall carry out or contract the necessary sound tests, as referred to in subparagraph (b).

  • 3 The approval authority shall provide a certificate of conformity if the equipment for use outdoors meets the requirements of this scheme.

  • 4 The approval authority shall refuse a certificate of conformity if the equipment for use outdoors fails to comply with the requirements of this scheme. The approval authority shall state the reasons for the refusal.

  • 5 The manufacturer or his authorised representative established within the Community shall keep 10 years after the equipment was last produced a copy of the EC declaration of conformity, together with the technical information in accordance with the provisions of Annex I, VII, point 2, of Directive 2000/14 .


Article 10

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  • 1 If the conformity assessment procedures are in accordance with the procedure laid down in Annex VIII of Directive 2000/14 in the case of an inspection body as referred to in Article 5, first paragraph, the manufacturer shall submit an application for evaluation of its quality system for the production of equipment for use outdoors. This application shall include the information set out in point 3.1 of Annex VIII to that Directive.

  • 2 The application of the quality system shall ensure compliance of the product with the requirements of this scheme.

  • 3 All principles, regulations and provisions adopted by the manufacturer shall be systematically and orderly indicated by him in a documentation of written policies, procedures and instructions. The documentation on the quality system shall be such that a clear interpretation is possible of the quality control policies and procedures such as quality programmes, plans, manuals and reports. In any case, the documentation shall contain a proper description of the requirements set out in Annex VIII, Section 3.3, to: Directive 2000/14 mentioned aspects.


Article 11

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  • 1 The approval authority referred to in Article 10, first paragraph , assesses whether the quality system meets the requirements of Annex VIII, point 3.2. Directive 2000/14 Those requirements. It presupposes compliance with these requirements when it comes to quality systems in which EN ISO 9001 is applied.

  • 2 At least one member of the assessment team of the inspection body shall have experience as an assessor of the matter technology concerned. The assessment procedure shall include an assessment visit to the manufacturer's installations.

  • The manufacturer shall be informed by the approval authority of the decision. The notification shall contain the conclusions of the examination and the assessment of the quality system.


Article 12

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  • 1 The manufacturer shall comply with the obligations arising from the quality system approved and shall ensure that the quality system remains adequate and effective.

  • 2 The manufacturer or his authorised representative established within the Community shall keep the inspection body which has approved the quality system informed of any intended change to the quality system.

  • 3 The assessment body shall assess the proposed changes and decide whether the modified quality system complies with the requirements of Annex VIII, point 3.2; Directive 2000/14 of the said requirements or whether a new assessment is necessary. It shall inform the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

  • 4 Under the responsibility of the certifying authority, paragraph 4 of Annex VIII, shall: Directive 2000/14 monitoring of the approved quality system.

  • 5 The manufacturer shall provide the inspection body with access to the design, manufacturing, testing, testing and storage areas for inspection purposes and shall provide it with all necessary information, including in any case:

    • a. The documentation on the quality system;

    • b. The quality reports drawn up in the framework of the design part of the quality system, such as results of analyses, calculations and tests;

    • c. The quality reports drawn up in the context of the production part of the quality system, such as reports of verification, test data, calibration data and reports on the qualification of the personnel concerned.

  • 6 The manufacturer or his authorised representative established within the Community shall keep a copy of the EC declaration of conformity, together with the technical information in accordance with the provisions of Annex I, 10 years after the last production of the equipment. VIII, points 3.1 and 3.3 of Directive 2000/14 , as well as the third paragraph and Annex VIII, point 4.3 and section 4.4 of Annex VIII, Directive 2000/14 Reports referred to by the approval authority.

  • 7 The approval authority which has carried out the conformity assessment procedure shall inform the other inspection bodies notified to the European Commission of the issue and the withdrawal of quality system approvals.


Article 13

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  • 1 It is prohibited equipment for use outdoors, as referred to in Article 13 of Directive 2000/14 , to be placed on the market or to be used:

    • (a) for which the conformity assessment procedure set out in Annex V to that Directive has not been completed;

    • (b) that the manufacturer or his authorised representative established within the Community does not bear the CE marking; or

    • (c) which is not accompanied by the EC declaration of conformity.

  • 2 The prohibition set out in the first paragraph shall not apply to outdoor equipment which is exhibited at events such as fairs, exhibitions or demonstrations, if:

    • a. It is clearly indicated that the equipment for use outdoors is not in accordance with the provisions of this Arrangement;

    • (b) the equipment for use outdoors is not placed on the market or put into service until it has been brought into conformity with the provisions of this Arrangement by the manufacturer or his authorised representative established within the Community; and

    • c. in the case of demonstrations, all appropriate security measures shall be taken to ensure the protection of persons.

  • 3 The manufacturer or his authorised representative established within the Community shall provide the Commission of the European Communities and the Member States, on a reasoned request, with an insight into all the conformity assessment of a particular matter type, as the information referred to in the first paragraph, and in particular the technical documentation referred to in point 3 of Annex V to this Regulation, Directive 2000/14 .

  • 4 The manufacturer or his authorised representative established within the Community shall keep for 10 years from the date on which the equipment was last produced a copy of the EC declaration of conformity, together with the technical information in accordance with point 3 of Annex V to Directive 2000/14 .


Article 14

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  • 1 In accordance with the procedure set out in Annex V of Directive 2000/14 , the manufacturer or his authorised representative established within the Community shall establish and retain the technical documentation described in point 3 of Annex V for a period of at least 10 years following the manufacture of the last product.

  • 2 The manufacturer or his authorised representative established within the Community may entrust another natural or legal person with the retention of the technical documentation. In that case, he shall indicate the name and address of that person in the EC declaration of conformity.

  • 3 The manufacturer shall take the necessary measures to ensure that the manufacturing process ensures that the equipment manufactured is continuously in accordance with the requirements set out in points 2 and 3 of Annex V to this Regulation. Directive 2000/14 the technical documentation and the rules of this scheme.


Article 15

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  • 1 The manufacturer or his authorised representative established within the Community shall send to the Minister and to the Commission a copy of the EC declaration of conformity for each type of equipment for use outside the home as intended for use in the Community. Articles 12 and 13 of Directive 2000/14 .

  • 2 The assessment body, issued by the EC declaration referred to in paragraph 1, shall give the Commission of the European Communities and the Member States, on a reasoned request, an insight into all of the conformity assessment of a Member State which has been notified of the Specified matter type, as intended in Article 4, first paragraph , used information and, in particular, the technical documentation provided for in Annex V, Annex VI, point 3, Annex VII, point 2, and Annex VIII, points 3.1 and 3.3, of this Annex. Directive 2000/14 .


Article 16

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  • 1 The affixing of markings or inscriptions on equipment for use outdoors which may be misleading as to the meaning or the form of the CE marking shall be prohibited. Any other marking may be affixed to the equipment for use outdoors, provided that the visibility and legibility of the CE marking is not thereby reduced.

  • 2 Where any outside-home equipment has already been marked with a CE marking under other legal provisions, the CE marking required under this Arrangement shall be added to it. However, if, during a transitional period, the manufacturer is able to choose between different arrangements on the basis of one or more of those legal requirements, the CE marking shall indicate that the equipment complies exclusively with the requirements of the Requirements applied by the manufacturer. In that case, the particulars of the directives implementing those legal provisions shall be as published in the Official Journal of the European Communities, as indicated in the documents, notices or instructions which, according to the which are required to be subject to legal requirements and to accompany such equipment.


Article 17

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  • 1 Before 3 January 2002, on the basis of Article 2 (a) of the Decision on noise production of gazonmowers and on the basis of Article 2 (b) of the Decision on sound production certificates drawn up on lawnmowers Compliance may be used in the preparation of the technical documentation referred to in Annex V (3), Annex VI (3), Annex VII (2) and Annex VIII (3.1) and (3.3), of this Annex. Directive 2000/14 .

  • 2-approvals and reports drawn up for 3 January 2002 under the noise production scheme may be used for the preparation of the technical documentation referred to in Annex V (3), Annex VI, point 3, Annex VII, point 2 and Annex VIII, points 3.1 and 3.3 of this Annex. Directive 2000/14 .


Article 18

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An amendment to Articles 12 and 13 of Directive 2000/14 and the Annexes of this Directive shall apply to the application of this scheme from the date of implementation of the amending Directive in question.


Article 19

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  • 1 The system of industrial noise production shall be repealed with effect from 3 January 2002.

  • 2 At the request of the manufacturer, or his authorized representative established within the Community, until 3 January 2002 for the purpose of obtaining the approval referred to in Article 2 (a) of the Regulation on sound-production construction machinery, one of the approval procedures specified in Article 4, first paragraph, part a , or Article 13, first paragraph of this regulation shall be applied.

  • 3 An approval pursuant to Article 2 (a) of the Noise Production Construction Machinery (hereinafter referred to as 'construction machinery'), which has been granted pursuant to paragraph 2, shall be subject to approvals granted under this scheme.


Article 20

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  • 1 This arrangement shall enter into force on 3 January 2002.

  • 2 By way of derogation from the first paragraph Article 19, second paragraph , in force as from the second day following the day of the Official Journal of the Official Journal of the European Parliament, which shall place it in force.


Article 21

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This arrangement is cited as: Arrangement of sound and non-equipment.

This arrangement will be set out in the Official Journal.

' s-Gravenhage, 20 August 2001

The

Minister

of Housing, Spatial Planning and the Environment,

J.P. Pronk