S.I. No. 297/1990:

EUROPEAN COMMUNITIES (CONSTRUCTION PLANT AND EQUIPMENT) (PERMISSIBLE NOISE LEVELS) (AMENDMENT) REGULATIONS, 1990.

EUROPEAN COMMUNITIES (CONSTRUCTION PLANT AND EQUIPMENT) (PERMISSIBLE NOISE LEVELS) (AMENDMENT) REGULATIONS, 1990.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, 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 Commission Directive 89/514/EEC⁽¹⁾ of 2 August 1989,⁽¹⁾ hereby make the following Regulations:

⁽¹⁾OJ. No. L 253, 30.8.89, p. 35.

1. These Regulations may be cited as the European Communities (Construction Plant and Equipment) (Permissible Noise Levels) (Amendment) Regulations, 1990, and shall come into operation on the 1st day of January, 1991.

2. The European Communities (Construction Plant and Equipment) (Permissible Noise Levels) Regulations, 1988 ( S.I. No. 320 of 1988 ) are hereby amended--

( a ) by the substitution in Regulation 2 of the following definition for the definition of "Separate Directives":

"the Separate Directives' mean Council Directives 84/533/EEC, (as amended by Commission Directive 85/406/EEC), 84/534/EEC, (as amended by Council Directive 87/405/EEC), 84/535/EEC, (as amended by Commission Directive 85/407/EEC), 84/536/EEC, (as amended by Commission Directive 85/408/EEC), and 84/537/EEC, (as amended by Commission Directive 85/409/EEC), 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 (as amended by Commission Directive 89/514/EEC), on the limitation of noise emitted by hydraulic excavators, rope-operated excavators, dozers, loaders and excavator-loaders;", and

( b ) by the substitution of the following Regulation for Regulation 16:

"16. Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister."

GIVEN under my Official Seal, this 11th day of December, 1990.

DESMOND O'MALLEY,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to Commission Directive 89/514/EEC, adapting to technical progress Council Directive 86/662/EEC on the limitation of noise emitted by hydraulic excavators, rope- operated excavators, dozers, loaders and excavator-loaders. The Commission Directive prescribes a revised form of test method for measuring the noise levels of the equipment in question.