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Noise Emissions in the Environment

Introduction

If your business uses or manufactures machinery designed for use outdoors - such as lawnmowers or generators - you need to understand the noise emission rules. These are set out in the Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001.

The manufacturer or importer in the European Union (EU) of qualifying equipment, or the manufacturer's representative, is responsible for ensuring that the equipment complies with the regulations. If neither is established in the EU, responsibility falls to the person or organisation that makes the equipment available in the EU for the first time.

In the UK, the Vehicle Certification Agency (VCA) enforces noise emission regulations.

Outdoor equipment covered by noise regulations

The European Union Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 applies to 57 different types of equipment.

You can access the consolidated European Directive for 2000/14/EC by following: Consolidated European Directive for 2000/14/EC(page opens in a new browser window).

A copy of the Statutory Instrument is available by following: Statutory Instrument(page opens in a new browser window).

There are two categories for equipment covered by the regulations:

• Equipment subject to noise limits and noise marking - this must be tested and passed by a notified body who are UK Accreditation Service (UKAS) approved to test to the outdoor noise regulations. The equipment must also be marked.
• Both types must have a technical file, a declaration of conformity and be marked with a CE mark.

The manufacturer or his authorised representative established in the Community shall ensure that a copy of the EC Declaration for each type of equipment shall be sent to:

European Commission
FAO: The Secretary General
(DG Environment-Noise Directive 2000/14/EC)
200 Rue de la Loi
B-1049 Brussels
Belgium

For guidance on how to submit your declaration of conformity to the European Union electronically please see the following link (page opens in a new browser window)

http://ec.europa.eu/enterprise/mechan_equipment/noise/declconf.htm

For equipment placed on the market or put into service in the UK a copy of the EC Declaration of Conformity must also be sent to:

BIS *
PO Box 1302
Bristol
BS99 2GB

Alternatively a copy of the Declaration of Conformity can be sent by email to:

noise.declarations@vca.gov.uk

Exemptions to the regulations

Equipment primarily intended for the transport of goods or persons by road, rail, air or waterways, or specially designed and constructed for use by armed forces, police purposes and emergency services is exempt for the regulations.

Testing and approval of noise emissions on outdoor equipment

Before equipment and machinery subject to noise limits can be used outdoors, it must pass an inspection carried out by a notified body. This is to make sure it complies with the Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001.

Notified bodies are approved by the Department for Business, Innovation & Skills (BIS) through the UK Accreditation Service (UKAS). They must meet certain minimum standards, as set out in the EN 45001 criteria for the operation of testing laboratories.

If the equipment or machinery is subject to noise limits, the notified body will inspect the production facilities to assess quality assurance procedures in accordance with the regulations. It will test the equipment or machinery and issue a technical file. This file can be used by the responsible person to produce the declaration of conformity for the machine.

Subcontracting and self-certifying

Notified bodies can subcontract some of the testing procedures, but subcontractors and their facilities must meet the EN 45001 criteria.

For equipment covered by noise marking only, businesses can self-certify, provided they can determine the measured sound power level and the uncertainties. This must be done in accordance to the appropriate ISO test standard.

Penalties for breaking noise emission rules

In the UK, the Vehicle Certification Agency (VCA) enforces noise emission regulations.

The VCA has substantial powers to act on information received, or where it suspects regulations are being broken. It can enter premises without notice and ask to inspect the equipment/machinery and any documentation. If deemed necessary, it can impound equipment/machinery.

Businesses that commit an offence can be ordered to remedy the problem. If they do not, penalties include a fine of up to £5,000 and/or imprisonment for up to three months.

• Please follow this link to VCA's Enforcement and Prosecution policy page