Explanatory note

These Regulations implement Commission Directive 89/514/EEC (OJ No. L253, 30.8.89, p. 35). They amend the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 which implemented Council Directive 86/662/EEC (OJ No. L384, 31.12.86, p. 1).

Commission Directive 89/514/EEC amended Council Directive 86/662/EEC by replacing Annex II of the latter Directive with a new Annex II which provides a real, dynamic method of measurement of the sound power level and the sound pressure level at the operator’s position of earth-moving machines.

The amendment to the proviso to regulation 5(3) is consequential to the amendment to the definition of “Special Directive”. It substitutes for the reference to the date when the Special Directive (in the 1988 Regulations, the Council Directive) entered into force the actual date of such entry into force.