Key Benefits:
Minister of Transport, Equipment, Tourism and the Sea, Minister of Ecology and Sustainable Development and Minister Delegate to Industry,
Having regard to Directive 97/68/EC of 16 December 1997 on the approximation of the legislation of member States on measures to be taken against emissions of gas and particulate pollutants from internal combustion engines for non-road mobile machinery, as amended by Directive 2002/88/EC of 9 December 2002 and Directive 2004/26/EC of 21 April 2004;
In light of Regulation No. 49 of Geneva on uniform requirements for the registration of compression-ignition engines (CPIs) and natural gas engines (NGs), as well as positive-ignition engines operating with liquefied petroleum gas (LPG) and vehicles equipped with APC engines, natural gas engines and positive-ignition engines operating with liquefied petroleum gas in this regard;
In light of Decree No. 2005-1195 of 22 September 2005 on measures to protect the environment from pollutant emissions of compression-ignition engines to equip non-road mobile machinery,
Stop:
This Order specifies the terms and conditions for receipt and marketing:
- constant-speed compression ignition engines for non-road mobile devices defined by the decree of 22 September 2005 referred to above and with a power greater than or equal to 18 and less than or equal to 560 kW;
- non-road-speed compression ignition engines for non-road mobile devices defined by the above-mentioned decree of 22 September 2005 and a power greater than or equal to 18 and less than or equal to 560 kW;
- positive-ignition engines for non-road mobile devices defined by the decree of 22 September 2005 referred to above and with a power of less than or equal to 19 kW;
- auxiliary engines of a power greater than or equal to 560 kW and inland navigation vessels propulsion engines as defined in Article 2 of the aforementioned Directive 97/68/EC;
- engines with a power greater than 130 kW;
- locomotive engines of a power greater than or equal to 130 kW;
- secondary engines mounted on vehicles intended for the road transport of passengers or goods.
The emissions of gas and particulate pollutants from the tested engine shall be sampled and measured in accordance with:
- the requirements defined in Annexes I, Section 4.1, III, V, VI and VII, Appendices 1 and 3, of the above-mentioned Directive 97/68/EC for compression-ignition engines at constant speed and intermittent speed, inland navigation engines, autorail engines and locomotive engines;
- the requirements set out in annexes I, section 4.2, IV, V, VI and VII, Appendices 2 and 3 to guideline 97/68/EC for positive-ignition engines.
No receipt by engine type or engine family as defined in section 2 of the above-mentioned directive 97/68/EC may be made after the following dates:
(a) For intermittent-speed compression-ignition engines and according to the categories defined in Article 9, paragraph 3, of the above-mentioned Directive 97/68/EC:
- from the date of entry into force of this Order for Class D, E, F and G engines if the provisions of Annex I, item 4.1.2.3, of the above-mentioned Directive 97/68/EC are not satisfied;
- if the provisions of Annex I, items 4.1.2.4, 4.1.2.5, 4.1.2.6 and 4.1.2.7 of the above-mentioned Directive are not satisfied:
- upon entry into force of this Order for Class H engines:
- 31 December 2005 for Class I and K engines;
- 31 December 2006 for category J engines;
- 31 December 2009 for category L engines;
- 31 December 2010 for category M and N engines;
- 31 December 2011 for category P engines;
- December 31, 2012 for category Q engines;
- 30 September 2013 for category R engines;
(b) For constant-speed compression ignition engines and according to the categories defined in Article 9, paragraph 3, of the above-mentioned Directive 97/68/EC:
- 31 December 2006 for Class D, E, F and G engines if the provisions of Annex I, section 4, item 4.1.2.3, of the above-mentioned Directive 97/68/EC are not satisfied;
- if the provisions set out in Annex I, items 4.1.2.4 and 4.1.2.7, of the above-mentioned Directive 97/68/EC are not satisfied:
- 31 December 2009 for category H, I and K engines;
- 31 December 2010 for category J engines;
(c) For positive-ignition engines (phase I) and according to the categories defined in Article 9 bis, paragraph 1, of the above-mentioned Directive 97/68/EC, as soon as this Order comes into force for SH1, SH2, SH3, SN3 and SN4, if the provisions of Annex I, item 4.2.2.1, of the above-mentioned Directive 97/68/EC are not satisfied.
These provisions are carried forward by two years for engines whose production date is prior to the effective date of this Order;
(d) For positive-ignition engines (phase II) and according to the categories defined in Article 9 bis, paragraph 1, of the above-mentioned Directive 97/68/EC, if the provisions of Annex I, item 4.2.2.2, of the above-mentioned Directive 97/68/EC are not satisfied:
- August 1, 2006 for SN4 category engines;
- August 1, 2007 for category SH1, SH2 and SN3 engines;
- 1 August 2008 for category SH3 engines;
- from the date of entry into force of this Order for engines of categories SN1 and SN2.
These provisions are carried forward by two years for engines whose production dates are prior to the dates mentioned for engines of categories SN3, SN4, SH1, SH2 and SH3. These provisions are carried forward by two years for engines whose production dates are prior to the date of entry into force of this Order for engines of categories SN1 and SN2;
(e) For auto-rail engines and according to the categories defined in Article 9, paragraph 3, of the above-mentioned Directive 97/68/EC if the provisions of Annex I, paragraphs 4.1.2.4, 4.1.2.5 and 4.1.2.7, of the above-mentioned Directive 97/68/EC are not satisfied:
- from the entry into the current stop for RCA category engines;
- December 31, 2010 for RCB category engines;
(f) For locomotive engines and according to the categories defined in Article 9, paragraph 3, of the above-mentioned Directive 97/68/EC if the provisions of Annex I, items 4.1.2.4, 4.1.2.5 and 4.1.2.7, of the above-mentioned Directive 97/68/EC are not satisfied:
- 31 December 2005 for RLA category engines;
- 31 December 2007 for RHA category engines;
- December 31, 2010 for RB category engines.
The provisions of this paragraph shall not apply to the types and families of engines referred to when a contract for the purchase of the engine was entered before 20 May 2004 and provided that the engine is placed on the market not more than two years after the date applicable to the locomotive class concerned;
(g) For propulsion engines used on inland navigation vessels and according to the categories defined in Article 9, paragraph 3, of the above-mentioned Directive 97/68/EC if the provisions of Annex I, items 4.1.2.4 and 4.1.2.7, of the above-mentioned Directive 97/68/EC are not satisfied:
- from the entry into force of this Order for Class V1.2 and V1.3 engines;
- 31 December 2005 for category V1.1 engines;
- 31 December 2006 for category V1.4 engines;
- December 31, 2007 for category V2.1, V2.2, V2.3, V2.4 and V2.5 engines.
Receipts by type of engines granted in accordance with the requirements of the directives and regulations listed in Annex XII of Directive 97/68/EC shall be received by type under this Order for the categories of engines D, E, F, G, H, I, J, K, L and M as defined in Article 9, paragraphs 2 and 3, of the above-mentioned Directive 97/68/EC.
No placing on the engine market, as defined in Article 2 of the above-mentioned Directive 97/68/EC, may be carried out if they do not meet the requirements of this Order and the Decree of 22 September 2005:
(a) For compression ignition engines other than constant speed engines:
- from the entry into force of this Order for Class D, E, F and G engines;
- 31 December 2005 for category H engines;
- 31 December 2006 for Class I and K engines;
- 31 December 2007 for category J engines;
- 31 December 2010 for category L engines;
- 31 December 2011 for category M and N engines;
- 31 December 2012 for category P engines;
- December 31, 2013 for category Q engines;
- September 30, 2014 for category R engines.
These provisions are carried forward by two years for engines whose production dates are prior to the dates mentioned;
(b) For constant speed compression ignition engines:
- 30 June 2007 for category E, F, G and D engines;
- 31 December 2010 for category H, I and K engines;
- December 31, 2011 for category J engines.
These provisions are carried forward by two years for engines whose production dates are prior to the dates mentioned;
(c) For positive-ignition engines (phase 1):
- from the date of entry into force of this Order for category SH1, SH2, SH3, SN3 and SN4 engines complying with the provisions of Phase 1.
These provisions are carried forward by two years for engines whose production dates are prior to the dates mentioned;
(d) For positive-ignition engines (phase 2):
- from the date of entry into force of this Order for engines of categories SN1 and SN2 complying with the provisions of Phase 2:
- 1 February 2007 for SN4 engines complying with the provisions of Phase 2;
- 1 February 2008 for engines of categories SN3, SH1 and SH2 respecting the provisions of Phase 2;
- February 1, 2009 for SH3 engines complying with the provisions of Phase 2.
These provisions are carried forward by two years for engines whose production dates are prior to the dates mentioned;
(e) For autorail engines:
- 31 December 2005 for RCA category engines;
- December 31, 2011 for RCB category engines.
These provisions are carried forward by two years for engines whose production dates are prior to the dates mentioned;
(f) For locomotive engines:
- 31 December 2006 for RLA category engines;
- 31 December 2008 for RHA engines whose power is between 560 kW and 2,000 kW or more than 2,000 kW, but whose unit cylinder is less than 5 litres;
- 31 December 2012 for RHA engines whose power is greater than 2,000 kW and the unitary cylinder capacity greater than 5 litres;
- December 31, 2011 for RB category engines.
These provisions are carried forward by two years for engines whose production dates are prior to the dates mentioned;
(g) For inland navigation vessels:
- 31 December 2006 for category V1.1, V1.2 and V1.3 engines;
- 31 December 2008 for category V1.4, V2.1, V2.2, V2.3, V2.4 and V2.5 engines.
These provisions are deferred for engines with production dates prior to the dates mentioned.
However, subject to the equivalence between the requirements set out in the above-mentioned Directive 97/68/EC and those established in the framework of the Mannheim Convention on the Navigation of the Rhine, recognized by the Central Commission for the Navigation of the Rhine, inland navigation vessels may be placed on the market:
- until 30 June 2007 if they meet the requirements of Annex XIV to Directive 97/68/EC referred to above;
- beyond 1 July 2007 if they meet the requirements of Annex XV of Directive 97/68/EC referred to above.
No Community Certificate for Inland Navigation Vessels as provided by Directive 82/714/EEC shall be issued to a vessel of inland navigation whose engines do not meet the requirements of this Order.
A non-road mobile device manufacturer may apply to the appropriate receiving authority referred to in Article 6 of the Decree of 22 September 2005 referred to to to use one of the flexibility mechanisms defined in Annex XIII of the above-mentioned Directive 97/68/EC for compression-ignition engines other than those intended for inland waterway, locomotives and vessels.
The requirements of Article 3, points c and d, and Article 4, points c and d, of this Order may be deferred from three years for small-series engine manufacturers as defined in Article 2 of the above-mentioned Directive 97/68/EC, upon request of the manufacturer to the competent receiving authority provided for in Article 6 of the Decree of 22 September 2005.
The requirements in terms of the emission limit value of Article 3, point d, and Article 4, point d, of this Order may be replaced respectively by the requirements of Article 3, point c, and Article 4, point c, of this Order for any family of engines produced in small series as defined in Article 2 of the above-mentioned Directive 97/68/EC, within the limits of 25,000 different units produced and to the The engine manufacturer shall make a request to the competent receiving authority provided for in Article 6 of the above-mentioned Decree of 22 September 2005. It shall also transmit annually to the competent receiving authority, for each engine family that has benefited from these provisions, a cumulative production statement beginning on the date of its application.
The requirements of section 4 of this Order do not apply:
- engines for the armed forces;
- engines intended for machines mainly affected to launch and recover lifeboats;
- engines used in machines intended mainly for the launch and recovery of boats launched from shore;
- engines, with the exception of inland navigation vessel engines, subject to an exemption under the procedure provided for in Article 10, item 2, of the aforementioned Directive 97/68/EC.
The requirements of sections 3 and 4 of this Order do not apply:
- to ships, except vessels of inland navigation;
- to aircraft;
- to recreational vehicles.
With the exception of motors of autorails, locomotives and inland navigation vessels, replacement engines as defined in Article 2 of the above-mentioned Directive 97/68/EC shall be in accordance with the limit values to be met by the engine replaced when it was placed on the market. The reference "replacement engine" appears on a label on the engine or is inserted in the user manual.
The emission limit value requirements of sections 3 (d) and 4 (d) of this Order are deferred from three years for the equipment listed in section 9 bis, item 7, of the aforementioned Directive 97/68/EC. The requirements of sections 3 (c) and 4 (c) apply respectively during this period.
Regardless of the definition of the portable engine in section 2 of the above-mentioned directive 97/68/EC, two-stroke engines equipped with snow blowers shall meet only the standards of SH1, SH2 or SH3.
Each competent authority for the issuance of receipts, as defined in Article 6 of the above-mentioned Decree of 22 September 2005, shall transmit to the other Member States and the Commission documents referred to in Article 4, paragraphs 4 and 5, of the above-mentioned Directive 97/68/EC, last amended on 21 April 2004. It receives similar documents transmitted by other Member States.
Receipts of engines and engine families and communications relating to such receptions shall be carried out in accordance with the provisions of articles 1 to 8 and 10 of the above-mentioned Directive 97/68/EC.
The builder file, including the information to be provided by the applicant, shall be prepared in accordance with the information sheets defined in Article 3 and Appendix II of the above-mentioned Directive 97/68/EC.
The applicant for a CE Receipt shall provide the appropriate receiving authority with all necessary information to enable it to conduct the conformity of production audits provided for in sections 11 and 12 of the above-mentioned Directive 97/68/EC.
The certificates of receipt shall be prepared by the competent authority, in accordance with the provisions set out in Article 4, Item 4, Item 5, Item 3, and the models set out in Annexes VII and VIII to Directive 97/68/EC referred to above.
The holder of a CE reception shall provide to the competent receiving authority all the elements provided for in Article 6, paragraphs 3 and 4, of the above-mentioned Directive 97/68/EC.
If the Type Receipt Certificate provides employment restrictions in accordance with Article 4, Item 3, of the above-mentioned Directive 97/68/EC, the manufacturer shall provide detailed information on these restrictions to each entity and shall specify the conditions of installation.
For technical testing required for the delivery of receptions in France, the technical service defined in Article 2 of the above-mentioned Directive 97/68/EC, which is responsible for conducting tests and inspections in respect of engine reception, is:
- the laboratory of the Technical Union of Automotive, Motorcycle and Cycle (UTAC), for engines other than engines of locomotives, autorails and boats of inland navigation;
- any organization proposed by the applicant and accepted by the Ministry of Transport for Inland Navigation Vessel Engines and those of locomotives and autorails, in view of the competences and references of that body in this type of test.
The tests are carried out on an engine selected from the type or family concerned. In the case of a receipt by engine family, the competent authority referred to in Article 6 of the above-mentioned Decree of 22 September 2005 may, if deemed necessary, require a representative replacement or additional engine to be tested.
The costs incurred for the execution of the tests, the controls and the provisions to be taken pursuant to the above-mentioned decree of 22 September 2005 and this order shall be borne by the manufacturer of engines submitting the request for receipt.
The engines referred to in items a, b, c and d of Article 3 of this Order, which are in accordance with the relevant provisions, may be labelled to report this advance conformity.
The decision of 14 March 2001 on the receipt of engines intended to be installed on non-road mobile machinery with respect to the emissions of gas and particulate pollutants is repealed.
The Director of Pollution Prevention and Risk, the Director of Road Safety and Traffic, the Director General of the Sea and Transport, and the Director of Regional Action, Quality and Industrial Safety are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, September 22, 2005.
Minister of Ecology
and Sustainable Development
For the Minister and by delegation:
Director of Pollution Prevention
and Risk, Major Risk Delegate,
T. Found
Minister of Transport, Equipment,
tourism and the sea,
For the Minister and by delegation:
The director of the firm,
P.-E. Bisch
Minister Delegate to Industry,
For the Minister and by delegation:
Regional Action Director,
quality and industrial safety,
J.-J. Dumont
