Republic of Latvia
Cabinet
Regulation No. 163
Adopted 23 April 2002, Riga
Regulations Regarding Emission of Noise from Equipment which is Utilised Outdoors
Issued pursuant to Section 7 of the Law On Conformity Assessment and Section 11, Paragraph two, Clause 4 of the Law On Pollution
I. General Provisions
1. These Regulations prescribe the essential requirements for the production, marking and conformity assessment of such equipment to be utilised outdoors, which emit noise (hereinafter – equipment), as well as prescribe the procedures for market supervision of the equipment.
2. The Regulations apply to the equipment referred to in Annex 1 of these Regulations if the equipment complies with the following conditions:
2.1. the equipment is self-propelled and mobile;
2.2. the equipment is intended for use outdoors in an approximate free field environment in conformity with the type thereof and irrespective of driving elements (also without mechanical drive);
2.3. the equipment increases the noise in the environment;
2.4. the equipment has been made available on the market or been put into service as a single unit, which is intended for use for a specific purpose;
2.5. the equipment is not intended for the transportation of people or goods by road, railway, by airlines or on waterways;
2.6. the equipment is not intended and manufactured for military purposes or for the needs of police and emergency services;
2.7. the equipment has not been placed on the market or put into service as a trailer or ancillary equipment without autonomous mechanical drive (except hand-held concrete-breakers, picks and hydraulic hammers).
3. Equipment complies with the requirements of these Regulations if it has been:
3.1. produced in accordance with the requirements specified in the standards referred to in Paragraph 4 of these Regulations and the manufacturer, his or her authorised representative or importer (hereinafter – manufacturer) has approved it by drawing up a declaration of conformity; and
3.2. marked with CE marking and an indication of the sound power level guaranteed by the manufacturer, which level has been determined in accordance with Latvian National Standard LVS 345:2002, “Acoustics – sound power level measuring methods for equipment to be utilised outdoors”.
4. Examinations referred to in these Regulations shall be performed in accordance with the following standards of international and regional standardisation organisations for which standards the status of Latvian National standard has been designated and which have been registered in accordance with the prescribed procedures:
4.1. LVS EN ISO 3744:1995, “Acoustics – Determination of sound power levels of noise surface using sound pressure – Technical method in the acoustic free field over sound reflecting surface”;
4.2. LVS EN ISO 3746:1995, “Acoustics - Determination of sound power levels of noise sources using sound pressure - Survey method using an enveloping measurement surface over a reflecting plane”;
4.3. LVS EN ISO 9614-1:1995 “Acoustics - Determination of sound power levels of noise sources using sound intensity - Part 1: Measurements at discrete points”;
4.4. LVS EN ISO 9614-2:1996 “Acoustics - Determination of sound power levels of noise sources using sound intensity - Part 2: Measurements using scanning method”; and
4.5. LVS 345:2002 “Acoustics – sound power level measuring methods for equipment to be utilised outdoors” (hereinafter – standard LVS 345:2002).
5. If noise emission limit values referred to in Annex 2 of these Regulations are applied to equipment, the manufacturer shall ensure the conformity of the equipment with the requirements specified in these Regulations performing one of the following procedures:
5.1. internal control of production, evaluation of technical documentation and regular tests;
5.2. examinations of an equipment sample; or
5.3. equipment quality assurance system.
6. If a noise emission marking applies to the equipment, the manufacturer shall ensure the conformity of the equipment with the requirements specified in these Regulations performing a procedure of internal production control for each type of equipment.
7. Equipment manufactured in European Union Member States and conformity of which has been assessed in accordance with the procedures prescribed by the European Union, may be freely placed on the market of Latvia if the manufacturer has drawn up a declaration of conformity of the equipment and the equipment has been marked with CE marking and an indication regarding sound power level guaranteed by the manufacturer.
8. Parameters of sound produced by the equipment shall be measured and the conformity of the equipment shall be assessed by competent conformity assessment authorities, which upon a recommendation from the Ministry of Environmental Protection and Regional Development, are authorised by the Cabinet (hereinafter – authorised authorities) and authorities, which shall be notified by European Commission in accordance with international agreements or protocols (hereinafter – notified authority).
9. In order for an authority to be authorised to carry out conformity assessment, the authority shall ensure the fulfilment of the following minimum requirements:
9.1. provision of personnel, necessary resources and technical capacity of the equipment;
9.2. technical competence of the personnel;
9.3. independence of the personnel from the designers, manufacturers and distributors or their authorised representatives of the equipment to be examined;
9.4. non-disclosure of professional secrets;
9.5. independence of personnel remuneration from the number and the results of examinations performed; and
9.6. civil liability insurance of the authority.
10. The Latvian National Accreditation Bureau shall evaluate the competence of the relevant authorised authority, as well as control the fulfilment of the requirements referred to in Paragraph 9 of these Regulations.
II. Internal Control of Production
11. Internal control of production is a procedure by which a manufacturer confirms the compliance of equipment with the requirements prescribed by these Regulations.
12. Manufacturer shall indicate the following information in the technical documentation:
12.1. name and address of the manufacturer;
12.2. description of the equipment;
12.34. model of the equipment;
12.4. trade name of the equipment;
12.5. type, series and numbers of the equipment;
12.6. technical data relevant for the identification of the equipment and the assessment of noise emission, as well as technical drawings, descriptions and explanations if such are necessary for the relevant equipment type;
12.7. indication regarding conformity to the requirements of Directive 2000/14/EC of the European Parliament and European Council of 8 May 2000 regarding the approximation of laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (hereinafter – Directive 2000/14/EC); and
12.8. report regarding noise measurements performed in accordance with the requirements of LVS 345:2002 standard; instruments utilised, results of measurements and the relation thereof to the sound power level guaranteed by the manufacturer shall be specified in the report.
13. A manufacturer shall provide access to the technical documentation for the market supervision institutions for at least 10 years from the day of the manufacturing of the last equipment. A manufacturer may entrust the storage of the technical documentation to another person. In the case referred to the manufacturer shall specify this in the declaration of conformity.
III. Internal Control of Production with Examination of Technical Documentation
14. Pursuant to the fulfilment of the requirements specified in Paragraphs 11, 12 and 13 of these Regulations the manufacturer shall submit a copy of the technical documentation to the selected authorised authority before making the equipment available on the market or putting it into service. If the technical documentation is not complete, the authorised authority shall inform the manufacturer thereof and require the submission of additional materials or shall perform the necessary examinations.
15. The authorised authority shall regularly examine whether the equipment manufactured conforms to the technical documentation and requirements prescribed by these Regulations. In examination particular attention shall be paid to:
15.1. marking of the equipment;
15.2. conformity declaration of manufacturer; and
15.3. instruments to be utilised, results of measurements and the correspondence thereof to the sound power level guaranteed by the manufacturer.
16. A manufacturer shall issue the documents, which are necessary for the performance of examinations referred to in Paragraph 15 of these Regulations to the authorised authority, actual results of the internal audit and information regarding activities, which have been performed in order to improve the quality of equipment (if such activities have been performed).
17. If it has been determined in an examination that the internal control has been unsatisfactory, an authorised authority shall periodically examine the samples of the equipment produced (on its own initiative) and perform noise measurements specified for the relevant type of equipment in standard LVS 345:2002 or equivalent tests Examination procedures may be simplified and only examine the marking and conformity declaration of the manufacturer.
18. The authorised authority shall determine the frequency of examinations. The examinations shall be performed not less frequently than once every three years.
19. If the equipment manufactured in another state does not comply with these Regulations, the market supervision authority shall inform the competent authority of the relevant state thereof.
IV. Examination of Equipment Samples
20. The examination of an equipment sample is a procedure by which an authorised or notified authority shall assess whether the equipment sample complies with the requirements specified in these Regulations.
21. The manufacturer shall submit an application for the examination of an equipment sample to an authorised or notified authority in order to assess its conformity to the requirements of these Regulations. The name and address of the manufacturer shall be indicated in the application (if an application has been submitted by an authorised representative of manufacturer or importer – also their name and address), as well as certified in writing that such an application has not been submitted in any other authorised authority. The application shall be accompanied by the following information:
21.1. description of the equipment (measures for noise reduction shall be also indicated);
21.2. trade name of the equipment;
21.3. type, series and numbers of the equipment;
21.4. technical data relevant for the identification of equipment and the assessment of noise emission, as well as technical drawings, descriptions and explanations if such are necessary; and
21.5. indication regarding conformity with the requirements of Directive 2000/14/EC.
22. The authorised authority shall:
22.1. examine whether the sample of the equipment has been manufactured in accordance with technical documentation;
22.2. agree with the person who submits the application regarding the place where the noise measurements will be performed;
22.3. if the equipment complies with requirements specified in these Regulations, shall issue an equipment sample conformity assessment certificate (Annex 4);or
22.4. if the equipment does not comply with the requirements specified in these Regulations, issue a written refusal to issue an equipment sample conformity assessment certificate.
23. The manufacturer shall store technical documentation for at least 10 years from the day when the last equipment has been made available on the market.
V. Equipment Quality Assurance System
24. The manufacturer shall submit an application to an authorised or notified authority for assessment of quality system in conformity with the requirements of the standard LVS EN ISO 9001, “Quality management systems”. The following information regarding each equipment in development or production state shall be specified in an application:
24.1. name and address of the manufacturer;
24.2. description of the equipment;
24.3. model of the equipment;
24.4. trade name of the equipment;
24.5. type, series and numbers of equipment;
24.6. technical data relevant for the identification of the equipment and the assessment of noise emission, as well as technical drawings, descriptions and explanations if such are necessary; and
24.7. indication regarding conformity to the requirements of Directive 2000/14/EC.
25. The application shall be accompanied by the following documents:
25.1. technical report regarding noise measurements performed in accordance with these Regulations;
25.2. copy of equipment conformity declaration drawn up by the manufacturer;
25.3. information on the purpose of the quality assurance system, as well as organisational schemes, descriptions of responsibilities and duties of officials (regarding the quality of design and manufacture);
25.4. description of design control and examination methods, processes and regular activities (regarding the relevant type of equipment);
25.5. description of production methods, quality control and assurance, processes and activities to be performed systematically;
25.6. description of examinations and measurements carried out before and after production of the equipment, as well as during production thereof, and information regarding the frequency of the examinations and measurements;
25.7. records regarding examination reports, measurement and calibration data, as well as regarding the qualification of personnel; and
25.8. information regarding such resources and organisational measures as have been utilised to ensure the supervision and effectiveness of the quality system.
26. An authorised or notified institution shall assess whether the relevant quality system ensures the conformity of the equipment to the essential requirements, and shall notify the manufacturer regarding the decision thereof. The decision shall be justified by assessment of examination results and examination findings. If the quality system ensures the conformity of the equipment with the essential requirements an authorised or notified authority shall issue a quality system certificate.
27. The manufacturer shall provide the authorised or notified authority with an opportunity to control the inspection, testing and storage of the equipment, as well as provide access to necessary information including:
27.1. quality assurance system documentation;
27.2. quality reports regarding the equipment design, as well as results of analyses, calculations and examinations; and
27.3. quality reports regarding the equipment’s production, as well as reports regarding examination, measurement and calibration data, and information on personnel qualification.
28. The manufacturer shall inform the authorised or notified authority regarding planned changes in the quality assurance system. The authorised or notified authority shall assess the relevant changes and decide whether they will not affect the conformity of the equipment to the essential requirements, and shall notify the manufacturer of the decision thereof.
29. The authorised or notified authority shall periodically inspect the quality assurance system in order to control whether the manufacturer utilises the certified quality assurance system, and shall submit a report regarding the results of such examinations to the manufacturer.
30. The authorised or notified institution is entitled to examine the quality assurance system without prior notification. After performing an examination, the authorised or notified authority shall submit to the manufacturer a report regarding the results of the examination.
31. The manufacturer shall present a quality system certificate and reports regarding the results of examinations to the authorised or notified authority and market supervision authority upon request thereof.
32. If it has been determined that the equipment is not uniform or does not conform to the requirements of these Regulations, the market supervision authority within a time period of one month shall notify the authorised or notified institution which had issued a conformity certificate and the quality system certificate.
33. The authorised or notified authorities upon request of other authorised or notified authorities shall provide information regarding issued and cancelled quality assurance system certificates.
VI. Equipment Marking
34. Equipment, which complies with the essential requirements of these Regulations shall be marked by the manufacturer affixing to each equipment a visible, legible and indelible CE marking and a pictogram of sound power level guaranteed by the manufacturer (Annex 3).
35. It is prohibited to mark equipment with such marks and signs which may be misleading regarding the meaning and form of the CE marking and the pictogram of sound power level guaranteed by the manufacturer. Equipment may be marked with other marks if they do not reduce the visibility or legibility of the CE marking or the pictogram of sound power level guaranteed by the manufacturer.
36. If the requirements specified in other regulatory enactments are also applicable to the equipment regarding the placing of the CE marking on the equipment, it is only permitted to mark the equipment with the CE marking if it also complies with these requirements.
VII. Placing On the Market or Putting into Service
37. The equipment shall be placed on the market or put into service only if:
37.1. the equipment conforms to the requirements of these Regulations regarding noise emission in environment;
37.2. conformity assessment procedures have been performed for the equipment;
37.3. the equipment has been marked with the CE marking and a pictogram of sound power level guaranteed by the manufacturer; and
37.4. a declaration of manufacturer conformity has been drawn up.
VIII. Declaration of Conformity
38. In order to certify the conformity with these Regulations, a manufacturer shall draw up a declaration of conformity for each type of the equipment. The declaration shall include the following information:
38.1. name and address of the manufacturer;
38.2. given name, surname and address of a person who stores the technical documentation;
38.3. description of the equipment;
38.4. conformity assessment procedures performed and name and address of the relevant authorised authority;
38.5. sound power level measured for equipment type sample;
38.6. sound power level guaranteed for the relevant equipment;
38.7. a notice regarding conformity with the requirements of these Regulations of the relevant equipment;
38.8. other declarations of conformity and indications regarding other applicable regulatory enactments, if it is necessary;
38.9. place and date of drawing up the declaration; and
38.10. given name and surname of a person who has been authorised to sign a declaration.
39. The manufacturer shall send a copy of the declaration of conformity to the Consumer Rights Protection Centre.
40. The Ministry of Economics shall compile the information provided for by the Consumer Rights Protection Centre and send it to the European Commission not less frequently than once every year.
IX. Market Supervision
41. The functions of market supervision authority in conformity with the competence thereof shall be fulfilled by the State Labour Inspection and the Consumer Rights Protection Centre. The referred to authorities shall take measures in accordance with the procedures prescribed by regulatory enactments in order to prevent inadequate equipment being made available on the market or the putting of such equipment into service.
42. If a market supervision authority determines that the equipment placed on the market or put into service does not comply with requirements of these Regulations, the market supervision authority shall take measures specified in regulatory enactments in order for the manufacturer to ensure the conformity of the equipment with the relevant requirements.