Rs 814.412.2 Ordinance Of Detec Of May 22, 2007 Relating To The Noise Emission By Equipment For Use Outdoors (Ordinance On The Noise Of The Machines, Obma)

Original Language Title: RS 814.412.2 Ordonnance du DETEC du 22 mai 2007 relative aux émissions sonores des matériels destinés à être utilisés en plein air (Ordonnance sur le bruit des machines, OBMa)

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814.412.2 Ordinance of the DETEC relating to the noise emission by equipment for use outdoors (Ordinance on the noise of the machines, OBMa) may 22, 2007 (State July 1, 2007) the federal Department of the environment, transport, energy and communications (DETEC), under art. 5 by order of 15 December 1986 on protection against noise (OPB); pursuant to the Federal Act of 6 October 1995 on technical barriers to trade (LETC), stop: Section 1 provisions general article 1 purpose and scope of application this order regulates, for equipment placed on the market, the following points: a. preventive limitation of noise emissions; b. the marking; c. subsequent testing.

It applies to all the appliances and machines (hardware) which are listed in annex 1 and which are defined in annex 1 of directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of Member States relating to the noise emission in the environment by equipment for use outdoors (directive 2000/14/EC).
It applies only to material that may be considered ready to use full entities.
It does not apply: a. equipment primarily intended for the transport of goods or persons, by road, rail, air or waterways; b. equipment intended exclusively for national defence; c. accessories without motor separately placed on the market or put into service; exceptions are hydraulic breakers, hammers in hand and the hammer.

OJ L 162, 3.7.2000, p. 1; as amended by directive 2005/88/EC of 14.12.2005 (OJ L 344, 27.12.2005, p. 44).

S. 2 sound power level within the meaning of this order, means: a. LWA sound power level: the level of sound power with weights A and measured in dB in relation to 1 pW as defined in the standard SN EN ISO 3744 and SN EN ISO 3746; b. sound power level measured : the acoustic power level determined by the methods described in annex III to directive 2000/14/EC; c. guaranteed sound power level: sound power level measured, including the uncertainties associated with fluctuations in the production and measurement procedures.

These technical standards can be consulted with the Association of standardization, SNV 29, 8400 Winterthur Switzerland, or be ordered to address Internet www.snv.ch against invoicing.
OJ L 162, 3.7.2000, p. 1; as amended last by directive 2005/88/EC of 14.12.2005 (OJ L 344, 27.12.2005, p. 44).

S. 3 placing on the market by 'placing on the market' means the first transfer or the first presentation, against payment or not, of material intended to be marketed or used in Switzerland.
The commissioning of equipment in the business is considered a placing on the market, if the latter has not already taken place under para. 1. the transfer for functional test, further processing or export purposes is not considered to be placed on the market.

Section 2 article marketing 4 principles material cannot be placed on the market only: a. If the procedure for assessment of conformity referred to in art. 5 has been applied; b. If they are accompanied by a declaration of conformity as defined in art. 8; etc. If they relate LWA marking referred to in annex 3.

Equipment listed in annex 1, Figure 11 (material submitted to securities emission limits), must also respect the values emission limits laid down in annex 1, c. 12.

S. 5 conformity assessment procedures the following conformity assessment procedures laid down in annex 2 are applicable: a. internal control of production (annex 2, let. A); b. internal control of production with assessment of technical documentation and periodical (annex 2, let. (B); c. the unit verification (annex 2, let. (C); d. complete quality assurance (annex 2, let. (D) conformity assessment procedures apply as follows: a. for equipment not subject to limits emission (annex 1, point 2): all procedures; b. for equipment subject to limits emission (annex 1, ch. 11): procedures B, C and D.

S. 6 technical documentation the technical documentation must contain the information necessary for the conformity assessment procedure.
It must be written in one of the official languages of the Switzerland or in English. It can be written in another language, provided that the information required for the assessment are provided in one of the official languages of the Switzerland or in English.
The manufacturer or supplier must be able to present the technical documentation for ten years from the manufacture of the equipment. In the case of series production, the period shall run from the date of last manufacture.

S. 7 testing and attestation of conformity bodies agencies test and certificate of compliance which prepare reports and certificates on the basis of the procedures referred to in art. 5 must: a. be accredited in accordance with the order of 17 June 1996 on accreditation and designation (Akkbv); b. be recognized in Switzerland under international agreements; OUC. be eligible for another title by Swiss law.

Anyone who refers to a folder from one organization other than those referred to in para. 1 must demonstrate credibly that the procedures and qualifications of the organization meet Swiss requirements (art. 18, al. 2, LETC).

SR 946.512 art. 8 declaration of conformity the declaration of conformity, the manufacturer or his representative established in Switzerland certifies that equipment complies with the requirements of this order.
The declaration of conformity must be drawn up in one of the official languages of the Switzerland or in English.
It must include the following elements: a. the name and address of the manufacturer; b. the name and address of the person who keeps the technical documentation; c. description of the material; d. the level of sound power measured on the hardware e. acoustic power level guaranteed to the equipment; f. the procedure applied for the assessment of compliance and where applicable, the name and address of the body of attestation of conformity; g. an attestation of the conformity of the equipment to the requirements of this order; h. the place and date of the declaration.

If the material falls within the scope of several regulations requiring a declaration of conformity, it is permitted to establish a single statement.
The manufacturer or supplier must submit the declaration of conformity for 10 years from the manufacture of the equipment. In the case of series production, the period shall run from production of the last copy.
The manufacturer or vendor is sent to the federal Office for the environment (FOEN) a copy of the declaration of conformity for each type of equipment.

S. 9 marking the manufacturer shall affix the LWA marking on each material in a visible, legible and indelible manner.
The graphic design of the marking must correspond to the model in annex 3.

Section 3 exhibitions and presentations article 10. materials which do not meet the conditions of placing on the market may be displayed or presented, provided that a sign clearly indicates that it is not attested that they fulfil the conditions and can therefore not be placed on the market.

Section 4 further control (market surveillance) s. 11 jurisdiction subsequent testing of the equipment placed on the market is the responsibility of the National Insurance Fund (CNA).

S. 12 tasks and responsibilities of the NAC the NAC conducts spot checks of the equipment placed on the market. She responds based information which materials would not meet the legal requirements.
The control includes: a. formal verification: 1. that the declaration of conformity exists, and2. the material has a correct marking;

b. acoustic control.

In the subsequent checks, the NAC is especially empowered to require the manufacturer to produce technical documentation and a copy of the declaration of conformity.
The NAC may order an audit of noise if: a. the manufacturer or supplier does not required documentation within the time allowed by the NAC or because of incomplete way; b. declaration of conformity does not show clearly enough that the device or the machine meets the requirements of this order; OUC. doubts remain on the concordance of the device with the delivery documentation.

The manufacturer or supplier shall bear the costs of verification of noise emission.

S. 13 measures if a material does not meet the requirements of this order, the NAC shall inform the manufacturer or the supplier of the results of the control and shall specify a time limit for taking a position.
CNA then orders the necessary measures by way of decision and specified by the manufacturer or the supplier an appropriate period to implement. It address a copy of the decision to the FOEN and the State Secretariat for Economic (Affairs SECO).
If the manufacturer or supplier does not implement measures within the time limit, the NAC can prohibit that the concerned materials continue to be placed on the market, direct recall, their confiscation or their input as well as publish the provisions it takes.

S. 14 fees a fee can be collected for subsequent testing.

The fee is set according to the time required for the treatment of the case. The hourly amounts to 200 francs.
Disbursements include, in addition to the expenditure provided for in art. 6, al. 2, let. a general order of 8 September 2004 on the emoluments (OGEmol), the costs of the technical inspection carried out by an accredited organization.
For the remainder, the provisions of the OGEmol are applicable.

RS 172.041.1 Section 5 monitoring, reporting and information art. 15. the FOEN monitors the execution of this order.
The NAC presents each year a progress report to the FOEN.
The FOEN regularly informs the public of the execution of this order.

Section 6 provisions finals s. 16 transitional provisions material can still be placed on the market under the provisions of law in force until June 30, 2009.

S. 17 entry into force this order comes into force on July 1, 2007.

Annex 1 (s. 4, al. 2) Categories of machinery 1 subject material to of 11 scope No. 03 Monte material materials 08 type rollers vibrating compaction machines internal combustion engine emission limit values and non-vibrating, vibratory plates and vibratory vibrant 09 compressor (< 350 kW) 10 breakers and jackhammers to hand 12 construction winches to internal combustion engine 16 dozers (< 500 kW) 18 dumpers (< 500 kW) 20 hydraulic or cable (< 500 shovels kW) 21-loaders (< 500 kW) 23 graders (< 500 kW) 29 hydraulic groups 31 compactors embankments and waste bucket, type loaders (< 500 kW) 32 lawn mowers (excluding: - agricultural and forestry equipment - where the main element for motorized multi-use devices has a greater than 20 kW installed power) 33 lawn trimmers / trimmers electric motor 36 driven counterbalanced lift trucks to 36 trolleys internal combustion engine all-terrain (wagons with pneumatic tyres intended primarily to be used on a raw natural terrain, or on rough terrain, for example a construction site) 37 loaders (< 500 kW) 38 mobile cranes 40 tillers/cultivators 41 finishers (excluding Finishers equipped with a beam smoothing to high capacity of compaction) No. material 45 generator power (< 400 kW) 53 57 generators tower cranes welding 12 values limit Type of material net power installed P , in kW power electric Pel in kW mass in kg cutting width in cm permissible level of sound in dB/1 pW values power limit emission values indicative compaction (vibrating rollers) P ≤8 105 8 < P ≤70 106 P > machines 70 86 + 11 lg P compaction (hand-vibrating rollers) P 108 105 8 ≤8 machines < P ≤70 109 106 P > 70 89 + 11 lg P 86 + 11 lg P compaction (vibratory plates) P 105 3 ≤3 ≤P 108 105 8 ≤8 machines ≤P ≤70 109 106 P > 70 89 + 11 lg P 86 + 11 lg P loaders tracked P ≤55 103 P > 55 84 + 11 lg P loaders P ≤55 103 P > 55 87 + 11 lg P 84 + 11 lg P bulldozers P ≤55 106 103 P > 55 87 + 11 lg P 84 + 11 lg P dozers, loaders and excavator-loaders wheeled , dumpers, graders, compactors embankments and waste type loader, mobile cranes, compaction (non-vibrating rollers), Paver, groups of hydraulic power P ≤55 101 P > 55 82 + 11 lg P Type of material net power P in kW power electric Pel in kW mass in kg cutting width in cm permissible level of sound in dB/1 pW values power emission limit values indicative forklifts cantilever in internal combustion engine Finishers equipped with a beam smoothing (simple) compaction P ≤55 104 101 P > 55 85 + 11 lg P 82 + 11 lg P bucket, material hoists, winches construction, tillers P ≤15 93 P > 15 80 + 11 lg P breakers and jackhammers to hand m 105 15 ≤15 < m < 30 94 + 11 lg m 92 + 11 lg m m > 30 94 + 11 lg m tower cranes 96 + lg P generators welding and power Pel ≤2 95 + lg Pel 2 < Pel ≤10 96 + lg Pel Pel > 10 95 + lg Pel compressors P ≤ 15 97 P > 15 95 + 2 lg P lawn mowers, lawn trimmers, edgers L 96 94 50 ≤50 < L ≤70 98 70 < L ≤120 100 98 L > 120 105 103 2 not subject material to of no. material 01 lifting platforms for internal combustion engine 02 Brushcutters 03 Monte-materials to electric motor 04 bandsaws Portal 05 saws at table construction 06 chain saws portable 07 combined vehicles for high pressure rinsing and emptying by suction 08 gear emission limit values compaction) only explosion rammers) No. 11 hardware mixers to concrete or mortar 12 construction 13 Machines electric powered winches for the transport and projection of concrete or mortar 14 conveyor belts 15 embedded refrigerated equipment 17 rigs 19 equipment for loading and unloading tanks or silos embedded 22 containers to glass 24 grass trimmers / edgers to combustion engine internal 25 hedge trimmers 26 vehicles, high-pressure 27 cleaners rinse water jet high pressure 28 hydraulic hammer 30 cutters joints 34 blowers of leaves 35 vacuums leaves 36 forklifts cantilever in internal combustion engine with a rated capacity not exceeding 10 tonnes, excluding devices designed specifically for the handling of containers 39 container cranes to waste 41 Finishers equipped with a beam smoothing to high capacity of compaction 42 gear hype 43 44 track 45 damage gear pipelayers

Generators (≥400 kW) 46 sweepers 47 dump garbage 48 road milling gear 49 scarifiers 50 Mills 51 snow-removing machines with rotating tools (self-propelled, excluding attachments) 52 vehicles emptying by suction 54 slicers 55 truck - mixer 56 water pump unit (not for use under water) equipment numbers are the same as those used in the directive 2000/14/EC to define materials (annex I) and to determine the standards of noise applicable (annex III, part B).
PEL for welding generators: conventional power multiplied by the conventional load voltage for the lowest value of the rate of work given by the manufacturer. Pelpour power generators: primary energy according to the standard ISO 8528 - 1: 1993, point 13.3.2.
These values are not required. In a pinch, they will become mandatory when a modification of directive 2000/14 and a subsequent amendment of this order.
Material numbers are the same as those used in the directive 2000/14/EC to define materials (annex I) and to determine the applicable noise standards (annex III, part B).

State on July 1, 2007 annex 2 (art. 5, para. 1) conformity assessment Procedures A. internal control of production 1 the 'internal control of production' is the procedure whereby the manufacturer ensures and declares that the equipment meets the requirements of this order. He affixes a LWA marking on each appliance and draws up a written declaration of conform.2 the manufacturer must establish the technical documentation. It may entrust to a third party care keep the latter, in which case he must indicate the name and address of this person in the declaration of conformite.3 the technical documentation must make it possible to assess whether the equipment meets the requirements of this order. It must contain at least the following information:-the name and address of the manufacturer; - the description of the equipment; - the mark; - the commercial name; - type, series and numbers the technical data relevant for the identification of the equipment and the assessment of noise emissions, including, if appropriate, schematic drawings and any description or explanation necessary for their understanding; - one refers to this order; - technical report of the noise measurements carried out in accordance with the provisions of the present Ordinance; - the technical instruments used and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

4. the manufacturer shall take all measures necessary so that the manufacturing process ensures conformity of the equipment with the technical documentation and with the requirements of this order.

B. internal control of production with assessment of technical documentation and periodical 1 "internal control of production with assessment of documentation technique and periodic inspection" is the procedure whereby the manufacturer ensures and declares that the equipment meets the requirements of this order. He affixes the LWA marking on each appliance and draws up a written declaration of conform.2 the manufacturer must establish the technical documentation. It may entrust to a third party care keep the latter, in which case he must indicate the name and address of this person in the declaration of conformite.3 the technical documentation must allow assessment of the conformity of the equipment with the requirements of this order. It must contain at least the following information:


-the name and address of the manufacturer; - a description of the equipment; - the mark; - the commercial name; - type, series and numbers - the technical data relevant for the identification of the equipment and the assessment of noise emissions, including, if appropriate, schematic drawings and any description or explanation necessary for their understanding; - one refers to this order; - technical report of the noise measurements carried out in accordance with the provisions of the present Ordinance; - the technical instruments used and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level.

4. the manufacturer shall take all measures necessary so that the manufacturing process ensures conformity of the equipment with the technical documentation as well as with the requirements of the present ordonnance.5 assessment by the Agency of attestation of conformity before placing on Marchele manufacturer provides a copy of the technical documentation to a body of attestation of conformity of his choice before the first material is placed on the market or put into service.
If in doubt about the plausibility of the technical documentation, the Organization of attestation of conformity shall inform the manufacturer and, if appropriate, perform or have performed the amendments to the technical documentation, or possibly, tests deemed necessary.
After issuance, by the Agency of attestation of conformity, a report confirming that the technical documentation satisfies the provisions of this order, the manufacturer may affix on material marking of the guaranteed sound power level and issue a declaration of conformity. He assumes full responsibility.
6 assessment by the Agency of attestation of conformity under productionLe manufacturer combines the body of attestation of conformity in the production phase. He has the choice between two procedures to do this: i) the body of attestation of conformity performs periodic checks to verify that products materials remain in conformity to technical documentation and with the requirements of this order. The body of attestation of conformity checks in particular:-the marking correct and complete devices, - the issuance of the declaration of conformity -, the technical instruments used and the results of the evaluation of the uncertainties due to production variation and the relation to the guaranteed sound power level.

The manufacturer allows the body of attestation of conformity to free access to all the internal documentation supporting these procedures, the actual results of subsequent internal controls (audits) and corrective measures taken.
This is that if the above checks give unsatisfactory results the Agency of attestation of conformity shall measures of noise emissions, which, after his judgement and experience, may be simplified or completely carried out according to the provisions of annex III to directive 2000/14/EC for the type of equipment concerned.
(ii) the Organization of attestation of conformity perform or have performed checks at random intervals. An adequate sample of the final equipment, chosen by the Agency, must be investigated and subject to appropriate measures of noise emissions according to annex III of directive 2000/14/EC or equivalent to verify checks if the equipment meets the requirements of this order. The control should include the following aspects: - the correct and complete equipment, marking - the issuance of the declaration of conformity.

(iii) for both procedures, the frequency of checks is defined by the body of attestation of conformity in function: - of the results of previous evaluations, - the need to monitor the correction, - annual production and measures - the general ability of the manufacturer to maintain the guaranteed values.

A control is however carried out at least every three years.

If in doubt about the plausibility of the technical documentation or the standards in production, the body of attestation of conformity shall inform the manufacturer.
In cases where the controlled devices are not in accordance with the provisions of this order, the body of attestation of conformity shall inform the FOEN.

C. check unit 1 "Unit verification" is the procedure whereby the manufacturer ensures and declares that the equipment meets the requirements of this order. The manufacturer must affix the LWA marking on each appliance and establish a written declaration of conform.2 demand for unit verification must be lodged by the manufacturer with a body of attestation of conformity of his choice. It must contain the following information: - the name and address of the manufacturer; - a written declaration that the same application has not been submitted to another body of attestation of conformity; - a technical documentation meets the following requirements: - a description of the equipment; - the mark; - the commercial name; - type, series and numbers; - technical data relevant to the identification of the equipment and the assessment of noise emissions including, if appropriate, schematic drawings and any description or explanation necessary for their understanding; - one refers to this order.

3. the certificate of compliance body must: - examine whether the equipment has been manufactured in conformity with the technical documentation; - determine, in agreement with the manufacturer, the place where the noise tests will be carried out; - in accordance with this order, carry out or have carried out the necessary noise tests in accordance with this order.

4. If the equipment conforms to the provisions of this order, the body of attestation of conformity shall issue a certificate of compliance to the manufacturer. If the body of attestation of conformity refuses to issue a certificate of compliance to the manufacturer, it must provide the reasons detailed its decision.
The manufacturer shall keep a copy of the certificate of conformity for a period of ten years from the date of the placing on the market of the equipment with the technical documentation.

D. 1 full Quality Assurance the "full quality assurance" is the procedure whereby the manufacturer ensures and declares that the equipment meets the requirements of this order. He must affix the LWA marking on each appliance and establish a written declaration of conform.2 the manufacturer shall implement a system of quality assurance approved for the design, manufacturing, final product inspection and testing, and subject to the system of the qualite3.1 insurance surveillance.3 manufacturer submits an application for assessment of his system with a body of attestation of conformity of his choice. The application must include:-all relevant information for the category of product envisaged, including technical documentation of all equipment already in phase of design or production, namely, at least the following information: - the name and address of the manufacturer; - a description of the equipment; - brand; - the commercial name; - type, series and numbers; - the technical data relevant for the identification of the equipment and the assessment of noise emissions including, where appropriate, schematic drawings and any description and explanation necessary for their understanding; - a reference to this order; - the technical report of noise measurements carried out in accordance with the provisions of the present Ordinance; - the technical instruments used and the results of the evaluation of the uncertainties due to production variation and their relation to the guaranteed sound power level; - a copy of the declaration of conformity;

-the documentation on the quality assurance system.

3.2 the quality assurance system must ensure compliance of the products with the requirements of this order. All the elements, requirements and provisions adopted by the manufacturer must be systematic and rational manner in the form of policies, procedures and written instructions. The quality assurance system documentation must permit a uniform understanding of policies and procedures relating to quality, such as programmes, plans, manuals and quality records.
The documentation shall include in particular an adequate description: - of the quality objectives, the organization chart, the responsibilities of executives and their powers in quality of design and quality of the products; - technical documentation to develop for each product, containing at least the information indicated in ch. 3.1; - control and design verification techniques , processes and systematic actions that will be used in the design of related products in the category concerned; - techniques corresponding manufacturing, quality assurance and quality control, processes and systematic actions that are used; - controls and tests which will be carried out before, during and after manufacture and the frequency with which they will take place; - the quality records such as inspection reports and tests and calibration data, reports on qualifications of the staff concerned; - means to verify the achievement of the required design and product quality, as well as the effective operation of the quality assurance system.


3.3 certificate of compliance body evaluates the quality assurance system to determine whether it satisfies the requirements of ch. 3.2.the team of Auditors includes at least one member as an assessor, the experience of the technology concerned. The assessment procedure includes a visit at the premises of the manufacturer.
The decision is notified to the manufacturer. It contains the findings of the checks and the reasoned assessment decision.
3.4 the manufacturer undertakes to fulfil the obligations arising out of the quality assurance system as approved and to uphold it so that it remains adequate and efficient. The manufacturer shall inform the body of attestation of conformity that has approved any adaptation system project quality assurance system.
The body of attestation of conformity evaluate the changes proposed and decide if modified quality assurance system will still meet the requirements referred to Chapter 3.2 or whether a re-assessment is required.
It shall notify its decision to the manufacturer. The notification contains the conclusions of the controls and the reasoned assessment decision.
4 monitoring under the responsibility of the body of attestation of conformite4.1 the purpose of surveillance is to make sure that the manufacturer fulfils the obligations arising out of the approuve.4.2 quality assurance system the manufacturer authorizes the body for certification of compliance with access, for purposes of inspection, design workshops, manufacturing, inspection, testing and storage and shall provide any necessary information in particular: - the quality assurance system documentation; - the quality records provided for in the part of the system devoted to design, such as results of analyses, calculations and tests; - the quality records provided for in the part of the system dedicated to the manufacture, such as inspection reports and test, calibration data data and reports on the qualifications of the staff concerned.

4.3 the body of attestation of conformity conducts periodic audits to ensure that the manufacturer maintains and applies the quality assurance system and provides report of the audit to the fabricant.4.4 in addition, the certificate of compliance body may pay unannounced visits to the manufacturer, on the occasion of which it can perform tests to verify the proper functioning of the system if necessary quality assurance or have. It provides to the manufacturer a visit report and, if there were a test, a test to the manufacturer fabricant.5 report is available to the authorities, for a period of at least ten years from the last date of manufacture of the equipment: - the documentation referred to in 3.1, second indent, c.; - the adjustments referred to in Chapter 3.4, al. 2-the decisions and reports from the body of attestation of conformity referred to in Chapter 3.4, last paragraph, at ch. 4.3 and 4.4.

6. each body of attestation of conformity communicate to the other bodies the relevant information concerning the quality assurance system approvals issued and withdrawn.

Corresponds to annex V to directive 2000/14/EC.
Corresponds to annex VI of directive 2000/14/EC.
Corresponds to annex VII to directive 2000/14/EC.
Corresponds to annex VIII to directive 2000/14/EC.

State on July 1, 2007 Appendix 3 (art. 4, al. 1 c) model of the LWA 1 marking marking must consist of the single digit corresponding to the value of the sound power level guaranteed expressed in dB, the sign 'LWA' and the symbol in the following form.

2. the height of the marking must not be less than 40 mm. In the case of material of less than 20 kg, the vertical dimension of the marking may be reduced to 20 mm.3 If the marking is reduced or enlarged according to the size of the equipment the proportions given in the above drawing must be respected.

State on July 1, 2007

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