76. Ordinary of the Federal Minister for Agriculture, Forestry, Environment and Water Management on the use and operation of mobile technical equipment, machinery and equipment in IG-L-Sanierungsterritories (IG-L Off-RoadV)

On the basis of § 13 (3) of the Immission Protection Act-Air, BGBl. I n ° 115/1997 as last amended by the Federal Law BGBl. I n ° 77/2010, is to be arranged in agreement with the Federal Minister for Economic Affairs, Family and Youth:

Scope

§ 1. Mobile technical equipment, machinery and equipment within the meaning of this Regulation are installations within the meaning of § 2 para. 10 Z 2 of the Immission Protection Act-Air (IG-L), BGBl. I No 115/1997, except

1.		Vehicles of categories L, M and N within the meaning of § 3 of the Kraftfahrgesetz 1967, BGBl. No 267/1967,
2.		mobile technical equipment, machinery and equipment with a spark ignition engine (gasoline engine),
3.		mobile emergency power units for power supply in the event of a power failure in the case of a crash or a disaster to the extent necessary,
4.		mobile technical equipment, machinery and dual-operation equipment (electric and diesel engine), if only the electric motor is in operation,
5.		mobile technical equipment, machinery and equipment, to the extent that they are used for the winter service as part of a land-or forestry side-activity; and
6.		mobile technical equipment, machinery and equipment, the maximum ten-year-old industrial plant approval, the maximum ten-year old-age industrial plant permit, and the approval of the production plan, in accordance with Mineral raw materials law, BGBl. I n ° 38/1999, or mining plant authorisation in accordance with the Mineral Raw Materials Act.

Limitation of the use of mobile technical equipment, machinery and equipment

§ 2. In remediation areas, which are due to exceeding a limit or target value for PM 10 or PM 2.5 in accordance with Annexes 1 and 5c IG-L in a regulation according to § 10 IG-L, which has already been in force for more than two months, may be used for mobile technical equipment, machinery and equipment between the 1. October and 31 March

1.		from the dates shown in the table below, only if the engine corresponds to a type which, in accordance with Directive 97 /68/EC on the approximation of the laws of the Member States relating to measures for the control of the emission of gaseous Pollutants and particulate pollutants from internal combustion engines for non-road mobile machinery, OJ L 327, 30.4.2004, p. No. OJ L 59, 27.2.1998, p. 1, as last amended by Directive 2011 /88/EU, OJ L 206, 22.7.2011, p. No. 1., or Directive 2000 /25/EC on measures to combat the emission of gaseous and particulate pollutants from engines intended for the propulsion of agricultural and forestry tractors OJ L 327, No. 1), as last amended by Directive 2011 /87/EU, OJ L 327, 28.12.2011, p. No. 1, type-approved and identified in accordance with these Directives:

Performance	Date
130 to 560 kW	1. 10. 2013
75 to < 130 kW	1. 10. 2013
37 to < 75 kW	1. 10. 2014
18 to < 37 kW	1. 10. 2013

2.		as from the dates in the table below, only if the engine corresponds to a type which is last amended by Directive 97 /68/EC, as last amended by Directive 2011 /88/EU, or in accordance with Directive 2000 /25/EC, as last amended by the Directive 2011 /87/EU, type-approved in accordance with stage II or above, and in accordance with these Directives:

Performance	Date
130 to 560 kW	1. 10. 2015
37 to < 130 kW	1. 10. 2016

3.		as from the dates in the table below, only if the engine corresponds to a type which is last amended by Directive 97 /68/EC, as last amended by Directive 2011 /88/EU, or in accordance with Directive 2000 /25/EC, as last amended by the Directive 2011 /87/EU, in accordance with stage IIIA or above, and which is identified in accordance with these Directives:

Performance	Date
130 to 560 kW	1. 10. 2018
19 to < 130 kW	1. 10. 2019

Derogations for certain types of mobile technical equipment, machinery and equipment

§ 3. (1) For the following types of mobile technical equipment, machinery and equipment, § 2 shall not be applied:

1.		Telescopic forklift trucks for universal lifting and transport tasks with wide ranges and heights,
2.		Rotary drilling rigs,
3.		road milling,
4.		Thrust and loading pumps with special structures, such as a cable plow or a pipe feeder, as well as
5.		Mobile technical equipment, machinery and equipment equipped with a particulate filter system prior to the entry into force of this Regulation, the former provisions of the country's main men on mobile technical equipment, machinery and equipment pursuant to § 13 (3), last sentence, IG-L, BGBl. I No 115/1997, which entered into force with the entry into force of this Regulation. A review of the basic functionality of the particulate filter system has to be carried out annually in accordance with § 4 (3).

(2) § 2 shall not apply to the mobile technical equipment, machinery and equipment for which there is a confirmation from an authorized civil engineer or engineering office that retrofitting with a particulate filter system of motor or it is not possible for technical reasons, or if the original performance of the mobile technical equipment, the machine or the device is restricted in such a way that it would no longer be possible to use the market in the market. Such confirmation shall be retained in such a way as to be available during a control at the place of use and shall be submitted to the Authority on request.

Exceptions with regard to equipment with particulate filter systems

§ 4. (1) § 2 shall be applied to mobile technical equipment, machinery and equipment equipped with a functional particulate filter system, which shall be subject to the provisions of Appendix 1 , do not apply. The operator shall, at the request of the competent authority, provide written proof that the particulate filter system shall be subject to the provisions of Appendix 1 . This proof shall have at least those in the Appendix 2 to contain information. It shall be kept by the operator in such a way as to be available during a control at the place of use.

(2) The manufacturer, in the case of an import from abroad, the importer, shall be clearly visible, permanently and clearly legible on each particulate filter system as referred to in paragraph 1, which shall contain the following information:

1.		the name of the manufacturer or importer,
2.		serial number,
3.		Type designation and
4.		Name of the body responsible for the conformity of the particulate filter system with the provisions of the Appendix 1 noted.

(3) The operator who makes use of the exception referred to in paragraph 1 shall, at least once a year, have a review of the basic functionality of the particulate filter system by means of a body authorized in accordance with paragraph 4. For this purpose, an optical evaluation of the inside of the exhaust pipe and of the exhaust gases during the starting process or the use of a simple hand-held measuring device is generally sufficient. A review of the requirements for Appendix 1 does not have to be carried out within this framework. A documentation relating to the last implementation of this control shall be kept, as proof in writing, in accordance with paragraph 1, and shall be submitted at the request of the competent authority. A check as to whether the particulate filter system is subject to the provisions of Appendix 1 , shall not be carried out in the context of this annual review.

(4) Powers to conduct a review as referred to in paragraph 3 shall be accredited bodies, federal or federal institutions, civil engineers or tradesmen within the limits of their powers (in particular relevant engineering firms) or holder of a certificate of competency for the commercial vehicle technician or motor vehicle mechanic).

(5) Measurement procedures and test procedures for the determination of the conformity of a particulate filter system with the provisions of the Appendix 1 shall be based on the state of the art.

Information on the spatial expansion of the IG-L-Sanierungsterritories

§ 5. The Federal Minister for Agriculture, Forestry, the Environment and Water Management has up-to-date information on the spatial expansion of redevelopment areas in which § 2 is to be applied, on the website of the Federal Ministry of Agriculture and Forestry. Forestry, the environment and water management to the public.

entry into force

§ 6. This Regulation shall enter into force 1. October 2013 will be in force.

Berlakovich