Directive 2000/14/EC divides outdoor equipment into two categories based on the nature of their compliance obligations. While Article 12 covers equipment subject to mandatory noise limits, Article 13 applies to equipment that must have its noise levels measured and declared, but is not subject to a maximum permissible sound power level.
This distinction has significant implications for the conformity assessment process and the level of involvement required from a Notified Body.
What Does Article 13 Cover?
Article 13 applies to a defined list of equipment types for which manufacturers are required to measure sound power levels and include those figures in the technical documentation and on the Declaration of Conformity, but are not required to demonstrate compliance with a specific noise limit.
The equipment categories covered by Article 13 include:
• Aerial access platforms with combustion engine
• Building site winches with combustion engine
• Combine harvesters
• Combined high-pressure flushers and sewer cleansing vacuum vehicles
• Concrete mixers
• Concrete or mortar continuous mixers
• Conveyor belts
• Cooling equipment for vehicles
• Drilling rigs
• Equipment for trench work (chain trenchers, rotary trenchers, trench diggers)
• Excavators (hydraulic or cable-operated)
• Explosive powered fastening and other impact machinery
• Graders
• High-pressure flushers
• Horizontal directional drilling rigs
• Hydraulic power packs
• Landfill compactors
• Lift trucks with combustion engine (excluding fork-lift trucks)
• Loading platforms for vehicles
• Mobile screening equipment
• Pavers — wheeled type with vibrating screeds
• Pipe-laying machines
• Pipelayers
• Power sweepers
• Rail maintenance machinery
• Reversible plate compactors
• Road milling machines
• Rubber-tyred dozers
• Rubber-tyred loaders and rubber-tyred backhoe loaders
• Scraper-reclaimers
• Sewer cleaning equipment
• Skid steer loaders
• Slipform pavers
• Surface cutting equipment and scarifiers
• Telescopic handlers with combustion engine
• Tracked pipelayers
• Truck mounted concrete mixers
• Water well drilling rigs
• Wheeled dumpers
• Wheeled excavators
What are the Compliance Obligations Under Article 13?
Although Article 13 equipment is not subject to noise limits, manufacturers are still required to:
• Conduct noise testing in accordance with the applicable harmonised measurement standard
• Determine the measured and guaranteed sound power level
• Include the sound power level in the technical documentation
• Declare the guaranteed sound power level in the Declaration of Conformity
• Display the sound power level on the CE marking label affixed to the equipment
Is a Notified Body Required for Article 13 Equipment?
For Article 13 equipment, a Notified Body is not required for the conformity assessment procedure itself. Manufacturers may follow internal production control procedures (equivalent to Module A under the EU's modular approach to conformity assessment) without the involvement of a third-party body.
However, the noise testing must still be conducted correctly and in accordance with the applicable standard. Earlsmere recommends engaging a competent testing laboratory to ensure that measurements are valid and defensible.
Does This Mean Article 13 Equipment is Easier to Certify?
In one sense, yes — the absence of mandatory limits and the reduced role of Notified Bodies can simplify the process. However, manufacturers should not underestimate the documentation and testing requirements that still apply. The guaranteed sound power level must be accurate, as it appears on the product and forms part of the legally binding Declaration of Conformity.
Furthermore, if market surveillance authorities have reason to believe that declared noise levels are inaccurate, they have the power to require independent testing and to take enforcement action where discrepancies are found.
How Earlsmere Can Help
Earlsmere has experience supporting manufacturers of Article 13 equipment categories, including excavators, wheeled loaders, concrete mixers, and a range of other construction and materials handling machinery. We assist with identifying the applicable test standard, coordinating noise testing, preparing the Declaration of Conformity and technical file, and acting as Authorised Representative for EU market access through Earlsmere Certification Ireland Limited.
Our client base spans the UK, EU, and USA, and we are well placed to support manufacturers wherever they are based.
Need help with compliance? Contact Earlsmere today.
Whether you are based in the UK, EU, or USA, Earlsmere Certification Ireland Limited has the expertise to guide you through every step of the compliance process. Get in touch with our team to discuss your requirements.
Email: enq@earlsmere.co.uk | Web: www.earlsmere.co.uk