Regulation 2 InterpretationE1

F4“approved body” has the meaning given to it in regulation 13;

“CE marking" means the CE marking referred to in F5Article 3(c) of the Directive consisting of the initials “CE" in the form shown in F6Annex IV to the Directive;

F7...

“enforcement authority" shall be construed in accordance with paragraph 1(1) of Schedule 13;

“equipment" means equipment for use outdoors;

F8“equipment for use outdoors” means F9...—

1. (a)

   assemblies which fall within one of the following descriptions—

   1. (i)

      an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application;

   2. (ii)

      an assembly as referred to in sub-paragraph (i), missing only the components to connect it on site or to sources of energy and motion;

   3. (iii)

      an assembly as referred to in sub-paragraph (i) or (ii), ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or structure;

   4. (iv)

      assemblies of machinery as referred to in sub-paragraphs (i), (ii) and (iii) or partly completed machinery, which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole;

   5. (v)

      an assembly of linked parts or components, at least one of which moves and which are joined together, intended for lifting loads and whose only power source is directly applied human effort;

2. (b)

   devices which, after the putting into service of machinery or of a tractor, are assembled with that machinery or tractor by operators themselves in order to change its function or attribute a new function, in so far as they are not tools (“interchangeable equipment”); and

3. (c)

   components—

   1. (i)

      which serve to fulfil a safety function;

   2. (ii)

      which are independently placed on the market;

   3. (iii)

      the failure or malfunction of which endangers the safety of persons; and

   4. (iv)

      which are not necessary in order for the machinery to function, or for which other components which do not fall within sub-paragraphs (i) to (iii) may be substituted in order for the machinery to function,

to the extent that they are either self-propelled or can be moved and which, irrespective of the driving element(s), are intended to be used, according to their type, in the open air and which contribute to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;

“indication of the guaranteed sound power level" means the indication referred to in regulation 11 in the form shown in Schedule 7;

“open air" includes the use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance, under tents, under roofs for protection against rain or in the shell of houses);

“responsible person" means

1. (a)

   the manufacturer;

2. (b)

   the manufacturer’s authorised representative established in the F10United Kingdom; or

3. (c)

   where neither the manufacturer nor his authorised representative is established in the United Kingdom, the person placing the equipment on the market or putting it into service in F11Great Britain;

“guaranteed sound power level" means a sound power level determined in accordance with the requirements laid down in Schedule 6 F12and Schedule 6A which includes the uncertainties due to production variation and measurement procedures and where the responsible person confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;

“measured sound power level" means a sound power level as determined from measurements as laid down in Schedule 6 and Schedule 6A; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines;

F13...

“sound power level L_WA" means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995M1 and EN ISO 3746: 1995M2;

F14“UK marking” means the marking in the form set out in Annex 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;