378. Regulation of the Federal Minister for Economic Affairs, Family and Youth, with which the Regulation on measures for the control of the emission of gaseous and particulate pollutants from internal combustion engines for mobile machinery and equipment (MOT-V) is changed

Pursuant to § § 69 (1) and (71) (3) to (6) of the Commercial Code of 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I No 85/2012, shall be arranged:

The Regulation on measures to combat the emission of gaseous and particulate pollutants from internal combustion engines for mobile machinery and equipment (MOT-V) BGBl. II No 136/2005, as last amended by the BGBl Regulation. II No 104/2011, shall be amended as follows:

1. § 1 (3) reads:

" (3) This Regulation lays down Directive 97 /68/EC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from internal combustion engines to be used in the mobile sector Machinery and equipment, OJ C No. OJ L 59 of 27.02.1998 p. 1, as last amended by Directive 2011 /88/EU, OJ L 327, 28.12.2011, p. No. 1), hereinafter referred to as 'the Directive'. "

2. § 4 (6) reads:

"(6) Compression ignition engines for purposes other than the propulsion of railcars, and inland waterway vessels may be placed on the market according to a flexibility scheme in accordance with the procedure referred to in Annex XIII and the procedures referred to in paragraphs 1 to 5."

(3) In Article 12 (1a), the last sentence shall be deleted and the following paragraphs shall be inserted:

By way of derogation from Article 10 (3g), 3i and 4a, the approval authority may authorise the placing on the market of the following engines for railcars and locomotives:

a)			Replacement engines complying with Stage III A limit values, for the exchange of engines for railcars and locomotives which do not meet the Stage III A standards or which meet the Stage III A standards but do not comply with Stage III B standards;
b)			Replacement engines which do not comply with Stage III A limit values, for the exchange of engines for engines without a driver's cab, provided that these replacement engines meet standards which are at least equivalent to those of the existing ones in the existing Engines of the same type are sufficient.
Authorisations pursuant to this paragraph may be issued only if, in the opinion of the approval authority, proof is provided that the use of an exchange engine corresponding to the latest applicable emission level for the purpose of driving the the relevant railcar or the locomotive in question will be accompanied by major technical difficulties.

(1c) In the case of engines falling within the scope of paragraph 1a or 1b, a marking must be affixed to the "REPLACEMENT engine" lettering and to the uniform reference number of the derogation. "

4. § 12 (7) reads:

The approval authority shall, in accordance with the flexibility scheme in accordance with the provisions of Annex XIII, allow the placing on the market of engines which comply with the definitions in Annex I, Section 1 (A) (i), (ii) and (v). "

5. § 18 (4) reads:

"(4) § 1 para. 3, § 4 para. 6, § 12 para. 1a, § 12 para. 1b, § 12 para. 7 and Annex XIII enter into force with 24 November 2012."

6. Annex XIII, Part 1, is replaced by the following:

" 1. MEASURES OF THE OEM

1.1. An OEM wishing to make use of the flexibility scheme shall apply, except in the case of engines for the propulsion of railcars and locomotives, to an approval authority for its engine manufacturers to place on the market engines which are intended for: are intended to be used exclusively by the OEM. However, the number of engines which do not meet the current emission limit values but which are authorised for the immediately preceding stage of emission limit values shall not exceed the maximum quantities referred to in sections 1.1.1. and 1.1.2. .

1.1.1. The number of engines placed on the market under the flexibility scheme may, in each individual engine category, be 20% of the number of engines placed on the market by the OEM each year (calculated as the average of the total number of engines placed on the market). paragraph on the Union market in the last five years). To the extent that an OEM has placed on the market the equipment on the Union market for less than five years, the average value shall be calculated on the basis of the period in which the OEM has placed on the market the equipment on the Union market.

1.1.2. As an alternative to section 1.1.1, except in the case of engines for the propulsion of railcars and locomotives, the OEM also has the option, for its engine manufacturers, of a marketing authorisation for a fixed number of engines for the motor vehicle. exclusive use by the OEM, to apply. The number of engines in each engine category may not exceed the following maximum quantities:

Engine Category P (kW)	Number of engines
19 ≤ P < 37	200
37 ≤ P < 75	150
75 ≤ P < 130	100
130 ≤ P ≤ 560	50

1.2. During Stage III B, an OEM who wishes to make use of the flexibility scheme, except in the case of engines for the propulsion of railcars and locomotives, applies to an approval authority for a period not exceeding three years from the beginning of the Stage for its motor manufacturers the marketing authorisation for engines intended for use by the OEM for exclusive use. However, the number of engines which do not meet the current emission limit values but which are authorised for the immediately preceding stage of emission limit values shall not exceed the maximum quantities referred to in sections 1.2.1. and 1.2.2. .

1.2.1. The number of engines placed on the market under the flexibility scheme may be 37.5% of the number of equipment placed on the market by the OEM in each category of engines, with engines in this category (calculated as an average) of the market in the Union market in the last five years. To the extent that an OEM has placed on the market the equipment on the Union market for less than five years, the average value shall be calculated on the basis of the period in which the OEM has placed on the market the equipment on the Union market.

1.2.2. As an alternative to section 1.2.1, the OEM also has the option of applying for the marketing authorisation for its engine manufacturers to a fixed number of engines intended for use by the OEM for exclusive use. The number of engines in each engine category shall not exceed the following maximum quantities:

Engine Category P (kW)	Number of engines
37 ≤ P < 56	200
56 ≤ P < 75	175
75 ≤ P < 130	250
130 ≤ P ≤ 560	125

1.3. For engines used to drive locomotives, an OEM may, for a period not exceeding three years from the start of this stage, authorise the placing on the market of a maximum of 16 engines for the engine manufacturer, for a period not exceeding three years from the start of this stage, for the engine manufacturer. Exclusive use by the OEM shall apply. The OEM may also apply for approval for its engine manufacturers, an additional number of no more than 10 engines with a rated power of more than 1800 kW, exclusively for installation in locomotives in the United States railway network. Kingdom to be placed on the market. This requirement shall be deemed to have been fulfilled only if a safety certificate has been obtained for these locomotives for the operation of the United Kingdom network. this recovery is possible. Such authorisation should only be granted if there are technical grounds for not being able to comply with Stage III B limits.

1.4. The OEM shall add the following information to the application to the approval authority:

a)			a model of the markings to be affixed to the individual mobile machinery and equipment to be fitted with a motor placed on the market under the flexibility scheme. The markings shall bear the following text: " MASCHINE Nr. ... (machine series) FROM ... (total number of machines in the respective performance range) MIT MOTOR No. ... ACCORDING TO TYPE-APPROVAL (Directive 97 /68/EC) No. ... ";
b)			a model of the supplementary marking to be affixed to the engine; and shall bear the text referred to in Section 2.2.

1.5. The OEM shall provide the approval authority with the information related to the implementation of the flexibility scheme, which the approval authority requests as necessary for the decision.

1.6. The OEM shall, at the request of each approval authority in the Member States, forward to the Member States all the information it needs in order to be able to assess whether engines which are claimed to have been placed on the market under the flexibility scheme shall be: or which are marked as such, duly placed on the market or marked. "

Mitterlehner