S.I. No. 102/1989:

EUROPEAN COMMUNITIES (LAWNMOWERS) (PERMISSIBLE NOISE LEVELS) REGULATIONS, 1989.

EUROPEAN COMMUNITIES (LAWNMOWERS) (PERMISSIBLE NOISE LEVELS) REGULATIONS, 1989.

I, RAY BURKE, Minister for Industry and Commerce, in exercise of the powers conferred upon me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 84/538/EEC of 17 September, 1984⁽¹⁾ (as amended by Commission Directive 87/252/EEC of 7 April, 1987⁽²⁾ and Council Directives 88/180/EEC and 88/181/EEC of 22 March, 1988⁽³⁾) on the approximation of the laws of the Members States relating to the permissible sound power level of lawnmowers hereby make the following Regulations:

⁽¹⁾OJ No. L300, 19.11. 1984, P. 171

⁽²⁾OJ No. L117, 5. 5. 1987, P. 22

⁽³⁾OJ No. L 81, 26. 3. 1988, PP. 69 and 71.

1. (1) These Regulations may be cited as the European Communities (Lawnmowers) (Permissible Noise Levels) Regulations, 1989.

2. (1) In these Regulations--

the "Minister" means the Minister for Industry and Commerce;

"Member State" means Member State of the European Communities;

"Eolas" means Eolas -- The Irish Science and Technology Agency;

"appropriate fee" means the fee referred to in Regulation 7;

"authorised officer" means--

( a ) an officer of the Minister, or

( b ) a person designated by Eolas to be an authorised officer,

appointed under Regulation 11 to be an authorised officer for the purpose of these Regulations;

"certificate of conformity" mean a certificate of the type to which Regulation 6(1) relates;

"laboratory test certificate" means a certificate stating that the lawnmower tested is of a type of lawnmower in respect of which its sound power level, or sound power level and sound pressure level of airborne noise, as appropriate, having regard to its cutting width, does not exceed the permissible levels set out in the Directive;

"EEC mark" means a mark of the kind set out in Annex III to the Directive;

"supplemental EEC mark" means a mark of the kind set out in Annex II to Council Directive 88/181/EEC;

"lawnmower" means any motorised equipment appropriate for the upkeep by cutting, by whatever method, of areas under grass used for recreational, decorative or similar purposes, but excluding--

(a) agricultural and forestry equipment,

( b ) non-independent devices (for example, drawn cylinders) with cutting devices actuated by the wheels or by an integrated drawing or carrier component,

( c ) multi-purpose devices, the main motorised component of which has an installed power of more than 20 kilowatts;

"the Directive" means Council Directive 84/538/EEC as amended by Commission Directive 87/252/EEC and Council Directives 88/180/EEC and 88/181/EEC on the approximation of the laws of the Member States relating to the permissible sound power level of lawnmowers;

"market" includes:

(a) supply, sell, offer for sale, expose for sale or have in possession for sale,

( b ) place on the market under a rental agreement, lease agreement, hire purchase agreement or any other type of agreement.

(2) A word or expression that is used in these Regulations and is also used in the Directive shall have, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

(3) A reference in these Regulations to a Regulation is to a Regulation appearing in these Regulations.

(4) A reference in these Regulations to a paragraph is to the paragraph of the Regulation in which the reference occurs.

3. A person shall not manufacture, import or market for use in any Membert State--

( a ) on or after the 1st day of July, 1989, any type of lawnmower other than a motorised cylinder type, or

(b) on or after the 1st day of July, 1991, any type of motorised cylinder lawnmover,

unless the lawnmower is accompanied by a certificate of conformity which has been issued by the manufacturer or his authorised agent established in the European Communities and bears in a clearly visible and durable fashion (either directly or on a plate permanently attached to it):

(i) the manufacturer's name,

(ii) the type of the lawnmower,

(iii) an EEC mark, subject to the exemption contained in Regulation 6 (4), and

(iv) where Regulation 6 requires a lawnmower to bear one, a supplemental EEC mark.

4. (1) A manufacturer or his authorised agent established in the European Communities may apply to Eolas for a laboratory test certificate in respect of a type of lawnmower.

(2) An application under paragraph (1) shall be made in writing and shall contain such information and be supported by such documents as the Directive requires and such further information and supporting documents as Eolas may reasonably requie, including a written declaration by a manufacturer or his authorised agent established in the European Communities stating that an application in respect of the same type of lawnmower has not been lodged with any other authority in any Member State.

5. (1) On receipt of an application for a laboratory test certificate in respect of a lawnmower and on receipt of the appropriate fee, Eolas shall carry out or cause to be carried out a laboratory test in accordance with the requirements of the Directive.

(2) Where Eolas is satisfied that the lawnmower's sound power level or sound power level and sound pressure level, as appropriate, of airborne noise does not exceed the permissible sound power level or sound pressure level of airborne noise set out in the Directive, it shall issue to the applicant a laboratory test certificate for that lawnmower.

(3) Where Eolas is satisfied after testing the lawnmower in respect of which the appliation has been made that, having regard to its cutting width, its sound power level or sound pressure level of airborne noise as measured in accordance with Annex 1 of the Directive exceeds the permissible sound power level or sound pressure level, it shall refuse to issue a laboratory test certificate.

6. (1) A certificate of conformity shall be issued in respect of every lawnmower as soon as may be after its manufacture by the manufacturer of the lawnmower or his authorised agent established in the European Communities certifying that the lawnmower is of a type in respect of which a laboratory test certificate has been issued and that the lawnmower conforms to the requirements of the Directive.

(2) Subject to paragraphs (3) and (4) the manufacturer shall place on every lawnmower an EEC mark indicating the maximum sound power level in dB(A)/pW and also indicating, where its cutting width exceeds 120cm, by way of a supplemental EEC mark the sound pressure level of airborne noise expressed in dB(A)/20 uPa at the operator's position, guaranteed by the manufacturer.

(3) The obligation of the manufacturer to indicate the sound pressure level under paragraph (2) shall only have effect with respect to lawnmowers manufactured on or after the 1st day of July, 1991.

(4) Electrically powered lawnmowers with a cutting width of less than 30cm shall not be required to have an EEC mark.

(5) The maximum sound power level and, where appropriate, the sound pressure level, to be indicated on the marks referred to in paragraph (2) shall be the levels ascertained by Eolas (or a body having similar functions in another Member State) in respect of the type of lawnmower to which the lawnmower conforms.

7. (1) Eolas may charge a fee (the "appropriate fee") which shall be equal to the amount which Eolas estimates it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.

(2) Where the costs incurred are greater than the appropriate fee, the difference between those costs and that fee shall be payable by the manufacturer or his authorised agent to Eolas, and where those costs are less than the appropriate fee, the difference between those costs and that fee shall be repayable by Eolas to the manufacturer or his authorised agent as the case may be.

8. Eolas shall carry out periodic checks on lawnmowers to ascertain whether they conform to the requirements of the Directive.

9. (1) Where Eolas, after checking a lawnmower in respect of which a certificate of conformity has been issued or on which an EEC mark or both such mark and a supplemental EEC mark have been placed under these Regulations, is satisfied that the lawnmower has not been manufactured to conform to the requirements of the Directive, it shall suspend or withdraw the right of a manufacturer or his authorised agent to issue a certificate of conformity in respect of further production of like lawnmowers under Regulation 6 and the right of the manufacturer to place EEC marks or supplemental EEC marks thereon under the said Regulation until such time as another laboratory test certificate has been issued under Regulation 5 or under the laws of another Member State.

(2) On taking a decision refusing a laboratory test certificate or suspending or withdrawing the right to issue a certificate of conformity and to use the EEC mark or the supplemental EEC mark under Regulation 6, Eolas shall, as soon as practicable thereafter, send to the manufacturer or his authorised agent (as the case may be) a notice in writing of that decision stating the exact grounds on which it was based and informing the manufacturer or the authorised agent of his right to apply for a review under Regulation 10 and of the time limit for making such an application.

10. (1) Any person aggrieved by a decision of Eolas--

(a) to refuse to grant a laboratory test certificate, or

(b) to suspend or withdraw a laboratory test certificate, or

(c) to suspend or withdraw the right of a manufacturer or his authorised agent to issue a certificate of conformity or the right of the manufacturer to place an EEC mark or a supplemental EEC mark on lawnmowers,

may appeal to the Minister for a review of the decision.

(2) On an appeal under these Regulations, the Minister--

(a) shall have the same powers and duties as Eolas has under these Regulations,

(b) may hold an enquiry in connection with the appeal, and

(c) may appoint an assessor for the purpose of assisting him with the appeal or enquiry.

(3) An appeal under this Regulation shall be made by written notice to the Minister which shall be lodged with him not later than 14 days from the date on which the notice of the decision in respect of which the appeal is made was given.

(4) A notice of appeal under these Regulations shall state the grounds on which the appeal is made and shall be accompanied by the following documents: a copy of the application for a laboratory test certificate, together with every other document submitted to Eolas in connection with that application and a copy of the notice from Eolas referred to in Regulation 9(2).

11. (1) The Minister may appoint persons to be authorised officers for the purpose of these Regulations and may revoke any such appointment.

(2) An authorised officer shall be furnished with a warrant of his appointment and when exercising any power to which the provisions of these Regulations apply shall, if so required, produce the warrant to any person affected.

12. (1) An authorised officer may, on production of his authorisation, if so required, at all reasonable times enter any premises, ship or other vessel, aircraft, railway wagon or other vehicle, in which he has reasonable grounds for believing that a lawnmower to which these Regulations apply is being manufactured, used, kept, stored, sold or prepared for sale or is being transported for sale and at such place, or at any other place--

(a) inspect and take copies of or extracts from any books, records or other documents which he finds in the course of his inspection,

(b) make such examination, tests and inspections, and take samples of any materials or articles as he may consider appropriate for the purposes of these Regulations.

(2) A person in charge of any premises, ship or other vessel, aircraft, railway wagon or other vehicle and any person employed in connection therewith, shall--

(a) afford to an authorised officer such facilities and assistance as are reasonably necessary to enable the officer to perform his functions under these Regulations,

(b) produce to an authorised officer any books, documents or other records which are in that person's power or control and to give to him such information as he may reasonably require in regard to any entries in such books, documents or records,

(c) give to an authorised officer any other information which he may reasonably require.

13. (1) A person who--

(a) obstructs or interferes with an authorisd officer in the course of exercising a power conferred on him by these Regulations or fails or refuses to comply with a request made by, or to answer a question asked by, an authorised officer pursuant to these Regulations, or

(b) contravenes in any other way any provision or requirement of, or under, these Regulations,

shall be guilty of an offence.

(2) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall also be guilty of an offence.

(3) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within one year from the date on which the offence was committed.

14. An offence under these Regulations may be brought and prosecuted by the Minister.

GIVEN under my Official Seal, this 5th day of May, 1989.

RAY BURKE,

Minister for Industry and

Commerce.

EXPLANATORY NOTE

The purpose of these Regulations is to give legal effect to EEC Directives on the approximation of the laws of the Member States relating to the permissible noise levels of motorised lawnmowers. They prohibit, from 1 July, 1989, the manufacture, importation and marketing of motorised lawnmowers covered by the Regulations (except motorised cylinder mowers) unless a certificate of conformity has been issued in respect thereof and unless the lawnmower bears the manufacturer's name, the type of the lawnmower and the relevant EEC marks; these requirements will apply to motorised cylinder mowers from 1 July, 1991.

The Regulations also provide for (i) Eolas to issue laboratory test certificates for lawnmowers, (ii) manufacturers or their authorised agents to issue certificates of conformity and for manufacturers to place the relevant EEC marks on lawnmowers indicating the maximum noise levels, (iii) periodic checks of lawnmowers to ensure compliance with the requirements of the Regulations and (iv) a review by the Minister, at the request of an aggrieved person, of a decision of Eolas in relation to a laboratory test certificate.