S.I. No. 147/2007 - European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) Regulations 2007

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S.I. No. 147 of 2007
EUROPEAN COMMUNITIES (CONTROL OF EMISSIONS OF GASEOUS AND PARTICULATE POLLUTANTS FROM NON-ROAD MOBILE MACHINERY) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 13th April, 2007.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by Section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving effect to Directive 97/68/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery of 16 December 1997 1 , as amended by Directives 2002/88/EC 2 and 2004/26/EC 3 , and Commission Directive 2001/63/EC 4 , hereby

make the following Regulations—
Citation
1. These Regulations may be cited as the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) Regulations 2007.
Interpretation
2. (1) In these Regulations, unless the context otherwise requires—
“the Authority” means the National Standards Authority of Ireland established by the National Standards Authority of Ireland Act 1996 (No. 28 of 1996);
“the Commission” means the Commission of the European Communities;
“the Defence Forces” has the meaning assigned by the Defence Acts 1954 to 1998;
“the 1982 Directive” means Directive 82/714/EC 5 of the European Parliament and of the Council relating to the laying down of technical requirements for inland waterway vessels;
“the Directive” means Directive 97/68/EC 6 of the European Parliament and of the Council on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery of 16 December 1997, as amended by the 2001 Directive, the 2002 Directive and the 2004 Directive;
“the 2001 Directive” means Commission Directive 2001/63/EC 7 adapting the Directive to technical progress;
“the 2002 Directive” means Directive 2002/88/EC 8 of the European Parliament and of the Council amending Directive 97/68/EC relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery;
“the 2004 Directive” means Directive 2004/26/EC 9 of the European Parliament and of the Council amending Directive 97/68/EC relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery;
“flexibility scheme” means the procedure allowing an engine manufacturer to place on the market, during the period between two successive stages of limit values, a limited number of engines, to be installed in non-road mobile machinery, that only comply with the previous stage of emission limit values;
“Member State” means a Member State of the European Communities;
“small volume engine family” shall mean a spark-ignition engine family with a total yearly production of fewer than 5,000 units;
“small volume engine manufacturer of spark-ignition engines” shall mean a manufacturer with a total yearly production of fewer than 25,000 units;
“the Minister” means the Minister for the Environment, Heritage and Local Government;
“the 1999 Regulations” means the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) Regulations, 1999; and
“the 2002 Regulations” means the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery)(Amendment) Regulations, 2002.
(2) In these Regulations—
(a) any reference to an article or sub-article which is not otherwise identified is a reference to an article or sub-article of these Regulations;
(b) any reference to an Annex which is not otherwise identified is a reference to an Annex of the Directive and, for the avoidance of doubt, includes any amendments to the said Annex adopted in accordance with the procedures specified in Article 14 of the Directive; and
(c) a letter, word, phrase or symbol which has been assigned a meaning by the Directive has that meaning except where otherwise indicated.
Scope
3. (1) These Regulations apply to engines to be installed in non-road mobile machinery and to secondary engines fitted into vehicles intended for passenger or goods transport on the road as specified in Section 1 of Annex I to the Directive.
(2) For the purposes of the Directive, non-road mobile machinery includes, but is not limited to, bulldozers, front and back loaders, excavators, compressors, inland waterway vessels, railcars, locomotives and various types of hand-held equipment including chainsaws.
National Approval Authority
4. The National Standards Authority of Ireland shall be the national approval authority for the purposes of the Directive and these Regulations.
Placing on the market
5. (1) An engine which requires type approval for the purposes of the Directive shall not be placed on the market, whether already installed in machinery or not, unless—
(a) an approval authority within the meaning of Article 2 of the Directive has issued a type-approval certificate in respect of the engine;
(b) the engine conforms to the type-approval requirements of the Directive in relation to emissions of gaseous and particulate pollutants; and
(c) the engine has affixed to it the markings specified in section 3 of Annex I.
(2) A Community Inland Water Navigation certificate, as provided for by the 1982 Directive, laying down technical requirements for inland waterway vessels, shall not be issued in respect of any vessel fitted with an engine that does not meet the requirements of these Regulations.
6. Without prejudice to article 13 and articles 23, 24 and 25, a replacement engine, with the exception of railcar, locomotive and inland waterway vessel propulsion engines, shall comply with the limit values that the engine to be replaced had to meet when originally placed on the market. The text “REPLACEMENT ENGINE” shall be attached to a label on the engine or inserted into the owner’s manual.
Exceptions
7. The provisions of articles 14, 27, 28 and 34 shall not apply to—
(a) engines for use by the Defence Forces;
(b) engines for use in machines intended primarily for the launch and recovery of lifeboats;
(c) engines for use in machines intended primarily for the launch and recovery of beach launched vessels; and
(d) engines exempted in accordance with article 6 and article 27(3).
Savings
8. A person shall not be entitled solely by reason of a type-approval granted under these Regulations to place an engine or an engine family on the market.
Application for type-approval
9. (1) An application to the Authority for type-approval of an engine or engine family shall—
(a) be submitted by the manufacturer; and
(b) be accompanied by an information folder, which shall include the information specified in Annex II and a test report from the technical service nominated by the Authority under sub-article (2).
(2) For the purposes of an application submitted to the Authority in accordance with sub-article (1), an engine conforming to the engine type characteristics described in the information folder shall be submitted to the technical service nominated by the Authority for the purpose of conducting approval tests.
(3) (a) Where the Authority determines, with regard to the parent engine submitted with an application for an engine family type-approval, that the said parent engine does not fully represent the engine family described in Annex II, Appendix 2, it shall require an alternative and, where necessary, an additional parent engine to be provided for approval purposes.
(b) An alternative engine, or an alternative engine and an additional engine, to be provided in response to a request from the Authority under paragraph (a), shall be as determined by the Authority.
(4) A separate application for type-approval shall be submitted for each engine type or each engine family type.
(5) A manufacturer shall not submit an application for type-approval of an engine or an engine family to more than one approval authority for the purposes of the Directive.
Type-approval
10. (1) On receipt of an application in accordance with article 9, the Authority shall grant type-approval for the engine type or the engine family, as the case may be, if the said engine type or engine family conforms with the particulars in the information folder and meets the requirements of these Regulations.
(2) Where the Authority decides to grant type-approval for an engine type or an engine family, it shall—
(a) compile or verify the contents of the index to the information package;
(b) complete all applicable sections of the type-approval certificate, in the form of the model given in Annex VII, for each engine type or engine family which it approves;
(c) number the type-approval certificate in accordance with the method described in Annex VIII; and
(d) deliver to the applicant the completed type-approval certificate and its attachments.
(3) Where an engine or an engine family submitted for type-approval fulfils its function or offers a specific feature only in conjunction with other parts of non-road mobile machinery, and where compliance with one or more requirements may only be verified when the engine to be approved operates in conjunction with other machinery parts, whether real or simulated, the Authority shall—
(a) restrict the scope of the type-approval of the engine or engine family accordingly; and
(b) include in the type-approval certificate for the engine or engine family, as the case may be, any restrictions on use and indicate any conditions for fitting the engine or engine family.
(4) Where the type-approval certificate, in accordance with sub-article (3), includes restrictions on use, the manufacturer shall deliver with each engine manufactured detailed information on these restrictions and shall indicate any conditions for fitting the engine.
(5) Where a series of engine types is delivered to one single manufacturer, one information document, for the purposes of sub-article (4), will be sufficient to be provided, at the latest, on the delivery date of the first engine and which additionally lists the relevant engine identification numbers.
(6) A manufacturer shall, on receipt of a request from the Authority in accordance with Article 6(3) of the Directive, submit a list which contains the range of identification numbers for each engine type produced in accordance with the requirements of the Directive since the last reporting was made, or since the requirements of the Directive were first applicable. The list shall specify—
(i) where not clarified by the engine coding system, correlations of the identification numbers to the corresponding engine types or engine families and to the type-approval numbers; and
(ii) in cases where a manufacturer ceases to produce an approved engine type or engine family, such additional information as may be requested by the Authority.
(7) Records for the purposes of providing a list in accordance with the requirements of sub-article (6) shall be maintained by each manufacturer for a minimum period of 20 years.
(8) Each manufacturer shall, within 45 days after the end of each calendar year and at each application date referred to in articles 18, 19, 20, 21, 23, 25 and 26, send to the Authority a declaration specifying the engine types and engine families together with the relevant engine identification codes for those engines the manufacturer intends to produce.
(9) As soon as may be after the end of each calendar month, the Authority shall send to the approval authorities of other Member States a list containing the particulars shown in Annex IX in respect of the applications for engine and engine family type-approval it has granted, refused to grant or withdrawn.
(10) On receipt of a request from an approval authority of another Member State, the Authority shall send forthwith any or all of the following information requested—
(a) a copy of the type-approval certificate for the engine or engine family, either with or without the information package for each engine type or engine family, as the case may be, which the Authority has approved, refused to approve or withdrawn;
(b) the list of engines produced according to type-approvals granted, as described in Article 6(3) of the Directive, containing the particulars shown in Annex X; and
(c) a copy of the declaration described in Article 6(4) of the Directive.
(11) As soon as may be after the end of each year or on receipt of an application from the Commission, the Authority shall send to the Commission data for the year, in the format specified in Annex XI, in respect of engine types and engine families approved since the previous notification.
(12) Where an engine type or engine family, as appropriate, meets the requirements of these Regulations in relation to emissions of gaseous and particulate pollutants, the Authority in granting type-approval for an engine type or engine family may not impose any other type-approval requirements with regard to air-polluting emissions in respect of non-road mobile machinery in which the said engine type or engine family is to be installed.
Flexible scheme for certain compression ignition engines
11. (1) Compression ignition engines for use other than in the propulsion of locomotives, railcars and inland waterway vessels, may be placed on the market under a flexible scheme in accordance with the procedure referred to in Annex XIII.
(2) The option in sub-article (1) to use a flexible scheme is additional to the requirement to obtain type-approval for engine types and engine families for the purposes of these Regulations.
(3) The Authority shall require compression ignition engines placed on the market under a flexible scheme to be labelled in accordance with Annex XIII.
Amendments to type-approvals
12. (1) A manufacturer in receipt of a type-approval certificate under these Regulations shall inform the Authority of any change in the particulars appearing in the information folder.
(2) An application for the amendment or extension of a type-approval certificate granted under these Regulations shall be submitted to the Authority.
(3) Without prejudice to sub-article (4), where the particulars appearing in an information folder have changed from those applicable at the time of the issue of the type-approval certificate, the Authority shall, in respect of an engine type or engine family, in respect of which it granted the original type-approval—
(a) issue a revised page or revised pages of the information folder as necessary, marking each revised page to show clearly the nature of the change and the date of re-issue;
(b) amend the index to the information folder which is attached to the type-approval certificate to show the latest dates of revised pages, wherever revised pages are issued; and
(c) where any information in the type-approval certificate has changed, or where the standards of the Directive have changed subsequent to the date of issue of the said type-approval certificate, issue a revised type-approval certificate denoted by an extension number and stating clearly the reason for the revision and the date of re-issue.
(4) If the Authority finds that an amendment to an information folder, in respect of an engine type or engine family, for which it granted the original type-approval, warrants new tests or checks, it shall inform the manufacturer thereof, and issue the documents mentioned in sub-article (3) of this article only after conducting new tests or checks that indicate that the engine type or engine—family is in conformity with the requirements of these Regulations.
Inland waterway vessels
13. In the case of inland waterway vessels, any auxiliary engine with a power output of more than 560kW shall be subject to the same requirements as propulsion engines for the purposes of these Regulations.
Timetable-compression ignition engines
14. From the date on which these Regulations come into effect, the Authority may not refuse to grant type-approval for an engine type or engine family, or to issue the document as described in Annex VII, and may not impose any other type-approval requirements with regard to air-polluting emissions for non-road mobile machinery in which an engine is installed, if the engine meets the requirements specified in the Directive as regards the emissions of gaseous and particulate pollutants.
Type-approvals Stage I
15. The Authority shall refuse to grant type-approval for an engine type or engine family and to issue the document as described in Annex VII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine is installed, for engines of a power output—
A: 130 kW P 560 kW,
B: 75 kW P < 130 kW,
C: 37 kW P < 75 kW,
if the engine fails to meet the requirements specified in the Directive and where the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values as set out in the table in section 4.1.2.1 of Annex I.
Type-approvals Stage II
16. The Authority shall refuse to grant type-approval for an engine type or engine family and to issue the document as described in Annex VII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine, not already placed on the market, is installed, for engines of a power output—
D: 18 kW P < 37 kW,
E: 130 kW P 560 kW,
F: 75 kW P < 130 kW,
G: 37 kW P < 75 kW,
if the engine fails to meet the requirements specified in the Directive and where the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values as set out in the table in section 4.1.2.3 of Annex I.
Type-approval of Stage IIIA Engines
17. The Authority shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine, not already placed on the market, is installed—
H: for engines, other than constant speed engines, of a power output: 130 kW P 560 kW,
I: for engines, other than constant speed engines, of a power output: 75 kW P < 130 kW,
J: for engines, other than constant speed engines, of a power output: 37 kW P