The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2004 © Crown Copyright 2004 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2004, ISBN 0110496523. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Secretary of State for Transport, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to the reduction of emissions of pollutants from internal combustion engines, in exercise of the powers conferred upon him by that subsection, hereby makes the following Regulations: Citation and Commencement 1. These Regulations may be cited as the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2004 and shall come into force on 6th September 2004. Amendment of Regulations 2. The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999[3] shall have effect with the following amendments. Interpretation 3. - (1) Regulation 2(1) shall be amended as follows. (2) In sub-paragraph (a), for the words "amended by Commission Directive 2001/63/EC", there shall be substituted the words "amended by Commission Directive 2001/63/EC[4] and last amended by European Parliament and Council Directive 2002/88/EC[5]". (3) For sub-paragraph (j), there shall be substituted the following sub-paragraph -
(4) After sub-paragraph (q), there shall be inserted the following definitions -
(s) "hand-held engine" means an engine that meets at least one of the following requirements -
(ii) the engine can only be used in a piece of equipment that must operate multipositionally, such as upside down or sideways, to complete its intended function; (iii) the engine can only be used in a piece of equipment for which the combined engine and equipment dry weight is under 20 kilograms and at least one of the following attributes is also present -
(bb) the operator must provide support or attitudinal control for the equipment throughout the performance of its intended function; (cc) the engine must be used in a generator or pump;
(t) "non-hand held engine" means an engine which does not fall within the definition of hand-held engine;
Scope and Exclusions
(b) to secondary engines fitted into vehicles intended for passenger or goods transport on the road,
where the engine is -
(ii) a constant speed CI engine; or (iii) a SI engine".
(3) Paragraph (2) shall be deleted.
(ii) off road motorcycles; (iii) all-terrain vehicles.".
(5) For paragraph (5), there shall be substituted the following paragraph -
General duty relating to placing on the market
(e) where the engine is a constant speed CI engine and it is placed on the market on or after the 31st December 2006, it complies with the limit values set out in the table in section 4.1.2.3 of Annex 1; (f) subject to sub-paragraphs (g) and (h), where the engine is a SI engine and is placed on the market after the 11th February 2005, it complies with the limit values set out in the table in section 4.2.2.1 of Annex 1; (g) where the engine is a SI engine of a class specified in the first column of the table to this regulation, is not manufactured by a small volume engine manufacturer and is placed on the market after the dates set out in the second column of the table, it complies with the limit values set out in the table in section 4.2.2.2 of Annex 1; and (h) where the engine is a SI engine of a class specified in the first column of the table to this regulation, is manufactured by a small volume engine manufacturer and is placed on the market after the dates set out in the third column of the table, it complies with the limit values set out in the table in section 4.2.2.2 of Annex 1.
Category of Engines
(4) For the purpose of paragraph (3), a two-stroke engine used to power a snow thrower shall be deemed to be a hand-held engine.".
Provisions for grant of type approval certificate
6. - (1) Where the engine is -
(b) has an engine power output falling within category D, E, F or G;
the approval authority shall not, after the 1st September 2004, issue a type approval certificate pursuant to regulation 9(1) for an engine type or an engine family if -
(ii) the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values set out in the table in section 4.1.2.3 of Annex 1.
(2) Where the engine is -
(b) has an engine power output falling within category D, E, F or G;
the approval authority shall not, on or after the 31st December 2006, issue a type approval certificate pursuant to regulation 9(1) for an engine type or an engine family if -
(ii) the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values set out in the table in paragraph 4.1.2.3 of Annex 1.
(3) Subject to paragraphs (4) and (5), where the engine is a SI engine, the approval authority shall not, after the 1st September 2004, issue a type approval certificate pursuant to regulation 9(1) for an engine type or an engine family if -
(b) the emissions of gaseous pollutants from the engine do not comply with the limit values set out in the table in section 4.2.2.1 of Annex 1.
(4) Subject to regulation 15, where the engine is -
(b) is not manufactured by a small volume engine manufacturer;
the approval authority shall not, after the date specified in the second column of the table, issue a type approval certificate pursuant to regulation 9(1) for an engine type or engine family if -
(ii) the emissions of gaseous pollutants from the engine do not comply with the limit values set out in the table in section 4.2.2.2 of Annex 1.
(5) Subject to regulation 15, where the engine is -
(b) is manufactured by a small volume engine manufacturer;
the approval authority shall not, after the date specified in the third column of the table, issue a type approval certificate pursuant to regulation 9(1) for an engine type or engine family if -
(ii) the emissions of gaseous pollutants from the engine do not comply with the limit values set out in the table in section 4.2.2.2 of Annex 1.
Transitional provisions in respect of placing engines on the market
7. - (1) Subject to regulation 15A and notwithstanding the provisions of regulation 4(2)(d), a manufacturer may place on the market -
(b) on or before the 31st December 2005, an intermittent speed CI engine within Category G with a production date on or before the 31st December 2003, which does not comply with the limit values set out in the table in section 4.1.2.3 of Annex 1;
so long as the engine complies with the limit values set out in the table in section 4.1.2.1 of Annex 1.
(b) on or before the 1st February 2009, a SI engine within Class SN:4 with a production date on or before the 1st February 2007; (c) on or before the 1st February 2010, a SI engine within Classes SH:1, SH:2 and SN:3 with a production date on or before the 1st February 2008; and (d) on or before the 1st February 2011, a SI engine within Class SH:3 with a production date on or before the 1st February 2009.".
Replacement Engines
7A. - (1) This regulation shall apply to replacement engines. (2) A replacement engine shall -
(b) be type approved, if the engine to be replaced had type approval, and conform to the requirements of that type approval; (c) have affixed to it markings in accordance with regulation 11(1), including the type approval number; and (d) have the text "REPLACEMENT ENGINE" attached to a label on the engine or inserted into the owner's manual.".
Approval of Engines
15. - (1) The requirements of regulation 4 shall not apply to -
(b) replacement engines which comply with regulation 7A.
(2) The requirements of regulations 4(2)(a),(b) and (c) shall not apply to engines approved by the competent approval authorities in another member State in accordance with Directive 97/68/EC which -
(b) which have affixed to them the markings as defined in section 3 of Annex 1, including the type approval number.
(3) Subject to paragraph (5), the requirements of regulations 4(2)(g) and 6(4) shall be replaced by the requirements of regulations 4(2)(f) and 6(3) for an engine which -
(b) is not manufactured by a small volume engine manufacturer;
so long as the engine family which is intending to benefit from this exemption has a different cylinder displacement from any engine family which has been manufactured by the same manufacturer and which has already benefited from the exemption.
(b) is manufactured by a small volume engine manufacturer;
so long as the engine family which is intending to benefit from this exemption has a different cylinder displacement from any engine family which has been manufactured by the same manufacturer and which has already benefited from the exemption.
12.
After regulation 15 there shall be inserted the following regulations -
15A. - (1) This regulation shall apply to CI engines. (2) The approval authority may, at the request of the manufacturer, exempt end-of-series CI engines which are still in stock, or stocks of non-road mobile machinery in respect of their CI engines, from the final date for placing on the market (as set out in regulation 7(1)(a) or (b)) in accordance with the following conditions -
(b) the application must include a list of those new CI engines which remain unsold or have not been placed on the market before the final date and must specify the technical or economic reasons on which the application is based; (c) the CI engines must conform to a type or family for which the type approval is no longer valid, or which did not require type approval at the time of production, but which have been produced before the production date set out in regulation 7(1)(a) or (b); (d) the CI engines must have been physically stored within the European Community between the production date and the final date set out in regulation 7(1)(a) or (b) for that particular category; (e) the maximum number of new CI engines of one or more types placed on the market in the United Kingdom under this exemption must not exceed 10 per cent of the new engines of all types concerned placed on the market in the United Kingdom during the previous calendar year.
(3) If the request is accepted by the approval authority it shall, within one month, send to the competent approval authorities of the other member States particulars of, and reasons for, the exemptions granted to the manufacturer.
Enforcement authorities (This note is not part of the Regulations) These Regulations amend the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutant) Regulations 1999 (S.I. 1999/1053). They implement the provisions of Council Directive 2002/88/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal engines to be installed in non-road mobile machinery. Regulation 3 amends the definitions of "Council Directive 97/68/EC" (to make reference to Council Directive 2002/88/EC) and "placing on the market". Various other new definitions are also inserted. Regulation 4 substitutes a new paragraph 3(1), the effect of which is to bring spark ignition and secondary engines within the scope of the Regulations. Other minor changes to regulation 3 are also made. Regulation 5 amends regulation 4. New provisions concerning placing engines on the market are inserted, together with a new table containing placing on the market dates for spark ignition engines. Regulation 6 inserts a new table into the Regulations, the effect of which is to identify which class a spark ignition engine should fall within. Regulation 7 substitutes a new regulation 6. It sets out the dates that various limit values have to be complied with (by both compression and spark ignition engines) before a type approval certificate can be issued. Regulation 8 substitutes a new regulation 7. Various transitional provisions that are no longer applicable are removed and new transitional provisions for intermittent speed compression ignition and spark ignition engines are inserted. Regulation 9 inserts a new regulation 7A into the Regulations. It contains various requirements for replacement engines. Regulation 10 makes minor consequential changes to regulation 9. Regulations 11 and 12 amend the exemption provisions in the Regulations. New exemptions for spark ignition engines are inserted and various consequential changes are made. A new regulation 15B is also inserted into the Regulations to recognise equivalent type approval for compression ignition engines. Regulation 13 amends regulation 16, as a result of a change in enforcement authorities. A full regulatory impact assessment of the assessment of the effect that this instrument will have on the costs of business is available from the Department for Transport, Zone 4/19, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone 020 7944 2087). A copy has been placed in the Library of each House of Parliament. A transposition note has also been prepared and is available from the Department for Transport, Zone 4/19, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone 020 7944 2087). A copy has been placed in the Library of each House of Parliament. Notes: [1] S.I. 1998/745.back [3] S.I. 1999/1053, as amended by 2002/1649.back [4] O.J. L227. 23.8.2001, p.41.back [5] O.J. L35. 11.2.2003, p.28.back
ISBN 0 11 049652 3
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