Change to Outdoor Noise Regulations following Brexit – BITA

Change to Outdoor Noise Regulations following Brexit

Suppliers of internal combustion engine material handling equipment in the UK have been advised by the British Industrial Truck Association (BITA) to ensure that they comply with the reporting requirements of new outdoor noise regulations.

Up until the end of 2020, companies supplying material handling equipment to the UK market had to comply with the EU’s Outdoor Noise Directive (OND) but following Brexit this is no longer the case; whilst the rules have been copied into British law without change, companies have a new mandatory reporting obligation.

Now that the UK has left the EU, machinery noise emissions declarations for the UK market, which were previously covered by the OND, which are now The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001, as amended, must be made to a dedicated team at the Department for Business, Energy and Industrial Strategy. For more information, visit the BEIS website here or view the official guidance here.

David Goss, Technical Manager, BITA said: “The technical requirements and scope of equipment covered is identical to that previously covered by the OND, but the EU database has not been copied over. Therefore, submissions made to the EU NOISE database will not be considered as having been made in the UK for any equipment first placed on the UK market after 31 December 2020, even if machines of the same type have previously been placed on the UK market under OND.”

He said the Office for Product Safety and Standards, which is part of BEIS, had confirmed to the association that:

  • Reporting of bothequipment subject to noise limits’ and ‘equipment subject to noise marking only’ is mandatory for all equipment within scope
  • A Declaration of Conformity (DoC) is required for type/series only, i.e., not for each individual machine
  • Machinery placed on the Northern Ireland market must also be registered on the EU NOISE portal
  • There is no requirement to resubmit a DoC for equipment placed on the market before 1 January 2021
  • The duty to comply lies with the responsible person, being the manufacturer or their authorised representative.
    • If neither the manufacturer nor their authorised representative is established within the UK, then the duty lies with the person placing the equipment on the market or bringing it into first service
  • CE marked equipment which is self-declared compliant (marking only), or which is deemed compliant by an EU notified body (noise limits) can still be first placed on the GB market until 31 December 2021, but the obligation to notify BEIS remains
  • UKCA marked product subject to mandatory third-party assessment (noise limits) must have the assessment carried out by a UK notified body
    • UKCA marking is mandatory in GB from 1 January 2022

Anyone with questions on the changes should contact David.Goss@bita.org.uk for further information.

 

 

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