Amendment Of Regulation Relating To Measures Against The Emission Of Gaseous And Particulate Pollutants From Internal Combustion Engines For Mobile Machines And Devices (Mot V...)

Original Language Title: Änderung der Verordnung über Maßnahmen zur Bekämpfung der Emission von gasförmigen Schadstoffen und luftverunreinigenden Partikeln aus Verbrennungsmotoren für mobile Maschinen und Geräte (MOT-V...

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2012_II_378/BGBLA_2012_II_378.html

378. Regulation of the Federal Minister of economy, family and youth, modifies the regulation relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and devices (MOT-V)

On the basis of §§ 69 (1) and 71 par. 3 to 6 of the GewO 1994, BGBl. No. 194, as last amended by Federal Law Gazette I no. 85/2012, is prescribed:

The regulation relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines for mobile machines and devices (MOT-V) Federal Law Gazette II No. 136/2005, as last amended by regulation Federal Law Gazette II No. 104/2011, is amended as follows:

1. paragraph 1 para 3:

"(3) by this regulation, the directive is 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 for mobile machines and devices, OJ No L 59 of the 27.02.1998 p. 1, last amended by the directive of 2011/88/EC, OJ No. L 305 of the 23.11.2011 called the S. 1, "Directive", implemented."

2. paragraph 4 section 6:

"(6) compression ignition engines can be reconciled procedure in traffic for purposes other than the drive from railcars and barges to a flexibility system in accordance with the annex XIII and in paragraphs 1 to 5."

3. in article 12 paragraph 1a, the last sentence is deleted and the following paragraphs shall be added:

"(1B) deviation of § 10 section 3 g, 3i and 4a can the approval authority the placing on the market of the following engines for railcars and locomotives approve:"



a) replacement engines, representing the limits of the stage III A to the replacement of engines for railcars and locomotives, which A do not meet the standards of level III or while A, but not the standards of stage III B meet the standards of level III;

b) replacement engines which A do not meet the limit values of stage III, to the replacement of engines for driving vehicles without driver's cab, unless these replacement engines meet standards that comply with at least the standards meet the motors used in the existing multiple units of the same type.

Permits under this paragraph can only be granted if convinced the approval authority is satisfied, that the use of any of the latest applicable emission level of appropriate replacement motor to the drive of the railcar, concerned or the relevant locomotive will be accompanied by major technical difficulties.

(1C) on the motors, which fall under paragraph 1a or 1B, a flag with the inscription "Replacement engine" and the single reference number of the exemption is to apply. "

4. paragraph 12 paragraph 7:

"(7) the approval authority allows the placing on the market of engines, according to the flexibility system in accordance with the provisions of annex XIII to the the definitions of annex I section 1 letter A digits i, ii and v in accordance with."

5. paragraph 18 paragraph 4:

"(4) § 1 para. 3, art. 4 par. 6, § 12 para 1a, article 12, paragraph 1 b, section 12 paragraph 7 and annex XIII apply with November 24, 2012."

6. Annex XIII part 1enthält replaced by the following:

"1. ACTIONS OF THE OEM

1.1. applied for an OEM who wants to make use of the flexibility system, except in the case of engines for railcars and locomotives, with an approval authority are the approval for its engine manufacturers to bring engines in traffic intended for the exclusive use by the OEM. The number of engines that are not the current emission limit values, however, are approved for the immediately preceding stage of emission limit values, must not exceed the sections 1.1.1 and 1.1.2. these quantitative limits.

1.1.1. the number of motors mounted in the flexibility scheme in traffic must not exceed (calculated as the average of the paragraph on the Union market in the last five years) 20% of the number of devices installed by the OEM in traffic a year with engines in this category in each engine category. If an OEM has brought devices on the Union market for less than five years, calculated the average value based on the period in which the OEM has brought devices on the Union market.

1.1.2. the OEM as an alternative to section 1.1.1, except in the case of engines for railcars and locomotives, also has the possibility, for its motor manufacturers of the consent to the placing on the market of a fixed number of motors which are intended for the exclusive use by the OEM to request. The number of engines in each engine category must not exceed the following ceilings:

 





Engine category

P (kW)





Number of motors







19 ≤ P < 37





200







37 ≤ P < 75





150







75 ≤ P < 130





100







130 ≤ P ≤ 560





50





1.2. during stage III B requesting an OEM who wants to make use of the flexibility system, except in the case of engines for railcars and locomotives, with an approval authority for a period not exceeding three years from the start of this stage for his engine manufacturers of consent to the placing on the market of engines, for exclusive use by the OEM are intended. The number of engines that are not the current emission limit values, however, are approved for the immediately preceding stage of emission limit values, must not exceed the sections 1.2.1 and 1.2.2. these quantitative limits.

1.2.1. the number of motors mounted in the flexibility scheme in traffic must not exceed (calculated as the average of the paragraph on the Union market in the last five years) 37.5% of the number of devices installed by the OEM in traffic a year with engines in this category in each engine category. If an OEM has brought devices on the Union market for less than five years, calculated the average value based on the period in which the OEM has brought devices on the Union market.

1.2.2. the OEM has also the possibility to apply for the authorisation for the placing on the market of a fixed number of engines, which are intended for the exclusive use by the OEM, for its engine manufacturers as an alternative to section 1.2.1. The number of engines in each engine category must not exceed the following ceilings:

 





Engine category

P (kW)





Number of motors







37 ≤ P < 56





200







56 ≤ P < 75





175







75 ≤ P < 130





250







130 ≤ P ≤ 560





125





1.3. for engines to drive locomotives, an OEM may request during stage III (B) for a period not exceeding three years from the start of this stage for its motor manufacturers of the consent to the placing on the market of a maximum of 16 engines, which are intended for the exclusive use by the OEM. The OEM can request also the approval for its engine manufacturers to bring an additional quantity of not more than 10 engines with a rated power of more than 1800 kW only for installation in locomotives, which are used in the United Kingdom's rail network, in traffic. This requirement is considered fulfilled only when this consultation is possible or a safety certificate to operate in the network of the United Kingdom was obtained for these locomotives. Such authorisation should be granted only if technical reasons, that the limits of the stage III can not complied B.

1.4. OEM then adds the application to the approval authority the following information at:



(a) a pattern of markings are to attach on the individual mobile machines and devices, which should be equipped with an engine mounted in the flexibility scheme in traffic. The labels bear the following text: "machine no..." (Machine series)               VON              ... (Total number of machines in the performance section) WITH engine No.... In accordance with the type approval (Directive 97/68/EC) No.... ";

(b) a pattern of supplementary labelling, which is to install the engine and carries the text referred to in section 2.2.

1.5. the OEM shall the approval authority related to the implementation of the flexibility system information available, that necessary requests the approval authority for the decision.

1.6. the OEM were transmitted all information needed, to assess whether engines, of which it is claimed that brought them within the framework of the flexibility system in traffic, or that are marked as such, properly placed each approval authority in the Member States at the request of or marked."

Mitterlehner