Statutory Instruments
2006 No. 2393

Environmental protection
The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006

Made
5th September 2006

Laid before Parliament
11th September 2006

Coming into force
12th October 2006

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures relating to the reduction of emissions of pollutants from internal combustion engines(2).

Accordingly, in exercise of the powers conferred upon him by that section, he makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 and shall come into force on 12th October 2006.

Interpretation

2.  In these Regulations, “the 2002 Regulations” means the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002(3).

Amendment of regulation 2 of the 2002 Regulations

3.—(1) Regulation 2 of the 2002 Regulations (interpretation) shall be amended as follows.

(2) After the definition of “the 1988 Regulations”, the following definition shall be inserted—

““the 2005 Regulations” means the Tractor etc (EC Type-Approval) Regulations 2005(4);”.

(3) For the definition of “category”, there shall be substituted—

““category” means, in relation to an engine, the category specified in column (4) of Table 1 in Schedule 1 to which the engine belongs by virtue of its engine power output, production date and date of initial entry into service, respectively specified in columns 1, 2 and 3 of that Table, where, in columns (2) and (3), each date is specified by a series of three numbers, the first number denoting the day in the month, the second number denoting the month, and the third number denoting the year;”.

(4) In the definition of “Council Directive 97/68/EC”, after the word “machinery”, there shall be inserted—

“, as last amended by Directive 2004/26/EC of the European Parliament and of the Council of 21st April 2004 amending Directive 97/68/EC 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 (5)”.

(5) In the definition of “Council Directive 2000/25/EC”, after the word “tractors”, there shall be inserted—

“, as last amended by Directive 2005/13/EC of the Commission of the European Communities of 21st February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council of 22nd May 2000 concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural forestry tractors(6);”.

(6) After the definition of “Council Directive 2000/25/EC”, the following definition shall be inserted—

““Council Directive 2003/37/EC” means Directive 2003/37/EC of the European Parliament and of the Council of 26th May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC(7), as last amended by Directive 2005/13/EC of the Commission of the European Communities of 21st February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural forestry tractors (8);”.

(7) In the definition of “enforcement authority”, the words “, and in carrying out that duty he may act through the Vehicle Certification Agency, an Executive Agency of the Department for Transport, Local Government and the Regions” shall be omitted.

(8) After the definition of “enforcement authority”, the following definition shall be inserted—

““engine manufacturer” means, in relation to a tractor engine to be placed on the market under the flexibility scheme, the manufacturer of the engine;”.

(9) After the definition of “exempted engine”, the following definition shall be inserted—

““flexibility scheme” means—

(a)
a scheme for the placing on the market of tractor engines which has been approved by the UK type approval authority under the provisions of Schedule 3, or

(b)
a flexibility scheme authorised by any other approval authority in accordance with Article 3a and Annex IV of Council Directive 2000/25/EC;”.

(10) For the definition of “limit values”, there shall be substituted—

““limit values” means, in relation to a category of engine, the maximum permitted amounts of carbon monoxide, hydrocarbons (if applicable), oxides of nitrogen (if applicable), sum of the amounts of hydrocarbons and oxides of nitrogen (if applicable) and particulates specified for that category of engine in Table 2 in Schedule 1, determined in accordance with the provisions of Annex III of Council Directive 97/68/EC;”.

(11) After the definition of “limit values”, there shall be inserted—

““placing on the market” means the action of making an engine or tractor available for the first time on the market, for payment or free of charge, with a view to distribution or use in a Member State; and, in particular, this definition is to be interpreted as including the following cases:

(a)
when a tractor engine is supplied by an engine manufacturer to a tractor manufacturer, it shall be considered to be placed on the market;

(b)
when a tractor is placed on the market, its engine shall be considered to be placed on the market;”.

(12) For the definition of “relevant date”, there shall be substituted—

““relevant date” means,

(a)
in relation to a relevant engine, or an agricultural or forestry tractor fitted with a relevant engine other than an engine of category E or F, the first day of the period of entry into service specified in the row of column (3) of Table 1 in Schedule 1 that applies to the engine; or

(b)
in relation to an agricultural or forestry tractor fitted with a relevant engine of category E or F, the day falling six months after the first day of the period of entry into service specified in the row of column (3) of Table 1 in Schedule 1 that applies to the engine;”.

(13) For the definition of “replacement engine”, there shall be substituted—

““replacement engine” means a newly built relevant engine—

(a)
which replaces an engine in a machine;

(b)
which has been supplied for this purpose only; and

(c)
either—

(i)
to which a label bearing the text “REPLACEMENT ENGINE” is affixed to a label on the engine, or

(ii)
where the owner’s manual in relation to the engine in question contains the text “REPLACEMENT ENGINE”;”.

(14) After the definition “replacement engine” the following definition shall be inserted—

““Stage” means, in relation to an engine placed on the market under a flexibility scheme, any period of time which elapses between a date that, under Article 4(3) of Council Directive 2000/25/EC, applies to engines of the same power output as the engine in question, and the next such date;”.

(15) After the definition of “stage”, the following definition shall be inserted—

““tractor” has the same meaning as “agricultural or forestry tractor”;”.

(16) After the definition of “tractor engine”, the following definitions shall be inserted—

““type-approval authority” means any of the bodies appointed as the approval authority in a Member State in accordance with Council Directive 2003/37/EC;

“UK type-approval authority” has the same meaning as in regulation 2 of the 2005 Regulations”.

Substitution of Regulation 3 of the 2002 Regulations

4.  For regulation 3 of the 2002 Regulations (application of Regulations) there shall be substituted—

“Application of Regulations

3.  These Regulations apply to every tractor engine (whether or not for the time being installed in a tractor) which falls within a category specified in column (4) of Table 1 in Schedule 1, unless it is—

(a)an engine which is installed or intended to be installed in an agricultural or forestry tractor for export to a state which is not a Member State;

(b)an exempted engine; or

(c)an engine which has, at any time in the past, been placed on the market under a flexibility scheme.”.

Substitution of Regulation 4 of the 2002 Regulations

5.  For regulation 4 of the 2002 Regulations (application of Regulations) there shall be substituted—

“Prohibition on entering engines or tractors into service

4.—(1) No person shall enter into service for the first time on or after the relevant date any relevant engine (other than a replacement engine) unless the engine complies with the limit values for the category to which it belongs.

(2) No person shall enter into service for the first time on or after the relevant date any replacement engine, unless the engine complies with the limit values for the category to which the engine it replaces belonged.

(3) No person shall enter into service for the first time on or after the relevant date any agricultural or forestry tractor fitted with a relevant engine unless the engine complies with the limit values for the category to which it would have belonged if it had been manufactured and entered into service on the day the tractor was entered into service for the first time.

(4) In this regulation, if the relevant date is before the date when the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006 (“the 2006 Regulations”) came into force, then, in relation to a relevant engine to which these Regulations did not apply before that date, references to “the relevant date” shall be read as references to the date when the 2006 Regulations came into force.”.

Substitution of Schedule 1 to the 2002 Regulations

6.  Schedule 1 to the 2002 Regulations shall be replaced with the following—

Regulation 2
“SCHEDULE 1

Table 1

Categories of Engines and Relevant Dates

(1)
(2)
(3)
(4)

Power Output (P) in kW
Production date
Date of initial entry into service
Category

130 ≤P ≤560
On or before 29.06.2001
30.06.2003 to 30.12.2003
A

30.06.2001 to 30.12.2001
30.06.2001 to 30.12.2003
A

On or before 30.12.2001
31.12.2003 to 30.12.2007
E

31.12.2001 to 30.12.2005
31.12.2001 to 30.12.2007
E

On or before 30.12.2005
31.12.2007 to 30.12.2012
H

31.12.2005 to 30.12.2010
31.12.2005 to 30.12.2012
H

On or before 30.12.2010
31.12.2012 to 30.12.2015
L

31.12.2010 to 30.12.2013
31.12.2010 to 30.12.2015
L

On or before 30.12.2013
31.12.2015 onwards
Q

31.12.2013 onwards
31.12.2013 onwards
Q

75 ≤P