Memorandum from the Department of Trade and Industry
NOISE EMISSION IN THE ENVIRONMENT BY EQUIPMENT FOR
REGULATIONS 2001 (S.I. 2001/1701)
1. The Committee has requested the Department to
submit a memorandum on the following points:
(a) Given the length
and complexity of these Regulations, is the Department satisfied
that responsible persons (as defined in regulation 2(2)) who are
small businesses will readily be able to understand the requirements
which must be complied with in relation to equipment? Has the
Department taken any steps to provide guidance for such persons
on these matters?
(b) Regulation 19(2) prescribes
the penalty for an offence under paragraph "11(1) or (2)"
of Schedule 13. Ought not the reference have been to paragraph
11, given that it does not contain sub-paragraphs so numbered?
(c) Explain the reference
to "this regulation" in paragraph 7(5) of Schedule 13.
Should the quoted words have read "this paragraph"?
2. With regard to point (a), the Department is satisfied
that small businesses will be able to understand the requirements
of these Regulations.
3. Consultation with industry including small businesses
has been carried out throughout the negotiation of the Directive
(i.e. since the draft mandate appeared in 1996). Approximately
300 contacts in all have been consulted. A significant proportion
of these include SMEs and relevant trade association.
4. A 3-month public consultation was undertaken on
the draft Regulations where these contacts were again consulted.
The Consultation Document was downloaded from the STRD web-site
over 4,500 times during the 3-month consultation period.
5. STRD has also produced two guidance booklets to
assist manufacturers with compliance with the Regulations: 'Noise
emission in the environment by equipment for use outdoors. Guidance
notes on the UK Regulations' (URN 01/774); and, 'A Guide for Manufacturers
to the evaluation of uncertainties' (URN 00/605). The booklets
are available from the STRD website or the DTI Publications Orderline.
6. In addition, the Vehicle Certification Agency
(VCA), appointed to enforce the Regulations, is currently undertaking
a joint awareness campaign with the DTI to further publicise the
Regulations and to get to know businesses and organisations affected
by them. The VCA will also assist with compliance enquiries from
7. With regard to points (b) and (c) the Department
accepts and regrets that these are errors and agrees with the
Committee. The Department undertakes to correct the errors as
soon as an opportunity presents itself.
7 August 2001