Regulation on the limitation of exhaust emissions from diesel engines used in inland waterway transport (inland waterway exhaust emission regulation-BinSchexhaust V)

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BinSchexhaust V

Date of completion: 20.08.2005

Full quote:

" Inland Waterway Exhaust Emission Regulation of 20 August 2005 (BGBl. 2487), as last amended by Article 1 of the Regulation of 16 June 2014 (BGBl I). 748).

Status:

Last amended by Art. 1 V v. 16.6.2014 I 748

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 27.  8.2005 + + +) 

  

The V was defined as Article 1 of the V v. 20.8.2005 I 2487 by the Federal Ministry of Transport, Building and Housing and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in agreement with the Federal Ministries of Economy and Labour and of finances. She's gem. Art. 4 of this V entered into force on 27 August 2005.

(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 26/2004 (CELEX Nr: 304L0026) + + +) 

  

This Regulation shall be used for the implementation of Directive 2004 /26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97 /68/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to measures relating to Control of the emission of gaseous and particulate pollutants from internal combustion engines for non-road mobile machinery (OJ L 327, 30.4.2004, p. EU No L 146 p. 1, No L 255 p. 3). Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to the placing on the market of engines intended for inland waterway vessels and their installation in inland waterway vessels. (2) For the purposes of this Regulation,

1.

Inland waterway vessels: for use on inland waterways

a)

Ships with a length of 20 m or more or a volume of 100 m (high) 3 or more,

b)

Tugs or drawers constructed to tow, slide or laterally carry vessels of 20 metres in length or more,

c)

passenger ships,

d)

Ferries,

e)

floating devices,

f)

Service vehicles of the supervisory authorities,

2.

Inland waterways:

a)

Federal waterways of zones 1 to 4 according to Annex I of the inland waterway search order of 6 December 2008 (BGBl. 2450), as amended,

b)

National waters, insofar as they are used for general transport,

3.

Seeschiff: a vessel which is authorised for sea or coastal travel and is used mainly for the purpose of:

4.

Directive: Directive 97 /68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants Particulate matter of internal combustion engines for non-road mobile machinery (OJ L 327, EC 1998 No 1), as last amended by Directive 2012 /46/EU (OJ L 281, 23.9.2012, p. OJ L 353, 21.12.2012, p.

(3) This Regulation shall not apply to:

1.

sports vehicles with a length of not more than 24 m,

2.

fire extinguishers, military vehicles,

3.

fishing vessels registered in the Community fishing vessel register, and

4.

Seagoing ships.

Unofficial table of contents

§ 2 Technical Regulations

(1) A motor for inland waterway vessels may be made available on the market or installed in an inland waterway vessel only if the engine or engine family or the engine group to which the engine belongs,

1.

is type-approved in accordance with Article 4 (1) in conjunction with Article 9 (3e) and (4a) of the Directive; and

2.

the emission limit values set out in Annex I, Section 4.1.2.4, or Stage II, in accordance with Annex XV of the Directive.

The first sentence shall also apply to a motor of category V1: 3 in accordance with section 4.1.2.4 of Annex I to the Directive with a nominal power of 75 kW, which shall not be taken into account in Article 9 (3) (e) of the Directive. Section 6 (1) and (2) of the Product Safety Act of 8 November 2011 (BGBl. 2. An engine shall be subject to the provisions of Annex XII, Article 4, Chapter 8a of the Rules of the Inland Waterway Ordination of 6 December 2008 (BGBl. I p. 2450) are incorporated in the current version. Unofficial table of contents

§ 3 Competent Authority and Tasks

The Central Office of the Submission Commission/Shipyards at the Water and Shipping Directorate of the Southwest as the competent authority

1.

check the conformity of production and

2.

Grants, modifies and withdraw type-approval

in accordance with the provisions of Articles 4 to 6, 11 and 12 of the Directive. § 26 (2), § 27 (1) and § 28 (2) and § 31 of the Product Safety Act shall apply accordingly. Unofficial table of contents

§ 4 Administrative Offences

Contrary to § 7 (1) of the Act on Inland Navigation, anyone who intentionally or negligently places an engine on the market in breach of § 2 para. 1 sentence 1 or 2 is acting in an orderly manner. Unofficial table of contents

§ 5 Transitional provisions

Engines may be placed on the market until 30 June 2007 and installed in a inland waterway vessel if they are type-approved in accordance with Article 2 (1), but only comply with the level I emission limit values set out in Annex XIV to the Directive.