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Decision of 18 January 2001, implementing Directive No 97 /68/EC and Directive No 2000 /25/EC (Decision type-approval of air pollution tractors and engines for mobile machinery)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Housing, Spatial Planning and the Environment of 13 September 2000, No MJZ2000108272, Central Executive Board of Legal Affairs, Department of Law, done in accordance with Our Minister for Transport and Water State and Our Minister of Agriculture, Nature Management and Fisheries;
Having regard to the Directive No 97 /68/EC of the European Parliament and the Council of the European Union of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion Internal combustion engines, mounted in non-road mobile machinery (PbEG 1998, L 59), on Directive No 2000 /25/EC of the European Parliament and the Council of the European Union of 22 May 2000 (PbEG L 173) on measures to combat the emission of gaseous and particulate pollutants from engines intended for the propulsion of agricultural or forestry tractors, and on the other Change of Directive 74 /150/EEC of the Council and of the Articles 13 , 15 and 17 of the Air Pollution Act ;
The Council of State heard (opinion of 3 November 2000, No W08.00.0431/V);
Having regard to the detailed report by Our Minister for Housing, Regional Planning and the Environment of 16 January 2001, No MJZ20010026174, Central Executive Board of Legal Affairs, Department of Legislation, delivered in accordance with Our Minister for Transport and Water State and Our Minister of Agriculture, Nature Management and Fisheries;
Have found good and understand:
For the purposes of this Decision and its provisions, the following definitions shall apply:
a. Directive 97/68 : Directive No 97 /68/EC of the European Parliament and the Council of the European Union of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion Internal combustion engines to be mounted in non-road mobile machinery (PbEG 1998, L 59);
b. Our Minister: Our Minister of Infrastructure and the Environment;
(c) Manufacturer: person or organisation which is responsible to the inspection body for all aspects of the approval process and ensures conformity of production with the approved type;
(d) 'Approval Authority' shall mean a test body designated by Our Minister;
Mobile machinery: mobile device, transportable industrial equipment or vehicle with or without bodywork, not intended for the carriage of persons or goods by road, as referred to in Annex I, Part 1, of Directive 97/68 ;
f. engine type: engine type as referred to in Article 2 of Directive 97/68;
g. engine family: engine family as referred to in Article 2 of Directive 97/68;.
h. parent engine: parent engine as referred to in Article 2 of Directive 97/68;
i. Engine:
1 °. internal combustion engine, as referred to in Annex I, Part 1, to Directive 97/68, to be fitted in a mobile machine or mounted in a mobile machine;
2 °. secondary internal combustion engine, as referred to in Annex I, Part 1, of Directive 97/68;
Information folder: information folder as referred to in Article 2 of Directive 97/68;
(k) placing on the market: placing on the market, as referred to in Article 2, eighth indent, of Directive 97/68 ;
l. barter engine: new engine built to replace an engine in a mobile machine or tractor already in use;
Flexibility scheme: procedure as referred to in Articles 4, sixth paragraph, 10, fifth paragraph, and 10, seventh paragraph, in conjunction with Annex XIII of Directive 97/68 where an engine manufacturer is involved in the period between two consecutive stages of limit values a limited number of engines to be built in non-road mobile machinery to be placed on the market which only comply with the emission limit values from the previous stage.
1 The placing on the market or in stock of an engine is prohibited if the engine does not belong to an engine type or engine family approved in the case of air pollution.
2 The approval, referred to in the first paragraph, shall be approved:
a. On the basis of type-approval by the inspection body, carried out on the basis of the requirements laid down in this Decision or pursuant to this Decision;
(b) appears from an approval certificate as referred to in Directive 97/68; or
On the basis of a type-approval which provides at least an equivalent level of protection pursuant to Directive 97/68, Annex XII.
1 The prohibition, intended to Article 3 , does not control an engine:
a. For use by the armed forces;
b. In mobile machinery mainly intended for the release and entry of lifeboats to water;
c. In mobile machinery intended mainly for the release and entry into water of boats allowed to water from the beach;
d. to which the flexibility scheme applies;
e. which is intended for export to areas where the Agreement on the European Economic Area does not apply.
2 The approval authority may, at the request of the manufacturer, permit, by way of derogation from Article 3, that for 12 months from the expiry of the period of validity of an approval, as referred to in Article 1, Article 3 an engine is placed on the market, if to the requirements, intended in Article 10, second paragraph In conjunction with Article 10 (6) of Directive 97/68, it is fulfilled.
3 Our Minister can designate categories of engines to which the ban, intended in Article 3 , not applicable.
1 A type-approval as referred to in Article 3 (a) (a) , the manufacturer shall apply for the approval authority to apply to the approval authority.
2 An application shall be accompanied by:
a. an information file; and
(b) an engine complying with the engine type characteristics referred to in Annex II, Appendix 1, to Directive 97/68. If the application concerns an engine family and the parent engine does not adequately represent the engine family as referred to in Annex II, Appendix 2 of Directive 97/68, according to the approval authority, another parent engine shall be provided.
3 An application shall not be lodged in more than one Member State of the European Union.
For each engine type to be approved and for each engine family to be approved, a separate application shall be submitted.
5 Any modification or extension of a type-approval shall not be considered if the approval authority has not granted the original type approval.
1 Type-approval shall be refused only if:
a. the engine type or the engine family does not comply with the requirements set out in this Decision or the requirements referred to in the third paragraph; and
(b) the engine type or the engine family is not in accordance with the particulars of the information file.
2 If the engine type or engine family for which approval is sought is only functioning or has an attribute only in combination with other parts of the mobile machine in which it is fitted, the type approval shall be used. limited accordingly.
3 Our Minister shall lay down the rules on which the Article 3, introductory wording and second paragraph, point (a) , the type-approvals concerned shall be carried out. The requirements shall apply to the characteristics and components of engines which determine the air pollution caused by this type of air, and shall include a description of the test process.
4 In the case of a change to the assessment requirements which have the basis of the type-approvals referred to in the first paragraph or of a certificate of approval, as referred to in Article 1 (2), Article 3, introductory wording and second paragraph, point (b) The Minister may, at the expiry of which that type-approval ceases to be valid, make a period of time.
5 A type-approval shall be considered not to be granted to the operator, driver or manufacturer, where appropriate, the information referred to in Annex I, Regulation 8.4.6.1, 8.4.7.1 or 8.5.5, of Directive 97/68, has not been provided.
1 The person to whom the type-approval has been granted:
a. Marks the following:
1 °. each unit produced in accordance with the approved type, in accordance with Annex I, Regulation 3 of Directive 97/68;
2 °. compression-ignition engines which have been placed on the market under the flexibility scheme, in accordance with Annex XIII of Directive 97/68;
b. shall label the text SWAP engine and the unique reference of the derogation in question on an exempted swap engine;
c. provides details of any limitations as specified in each manufactured unit. Article 5, second paragraph , and indicate any conditions which must be satisfied when fitted;
(d) provides, periodically or upon request, information to the approval authority in relation to the reporting obligations referred to in Directive 97/68;
(e) shall inform the certifying authority of changes to the information contained in the information package and other data that have the basis of granting a type-approval;
f. shall provide written instructions on the NOx emission control system to all owners of new engines or mobile machinery and their correct operation, in accordance with Annex I, Appendix I to Directive 97/68;
g. for the verification of the durability of compression-ignition engines, the procedure referred to in Annex III, Appendix 5 to Directive 97/68 for the selection of engines tested according to a service accumulation schedule; and carry out maintenance and repairs of these engines in accordance with the requirements of Annex III, Appendix 5, Regulation 2.5 to 2.5.4.2 of Directive 97/68;
(h), where appropriate, provide the operator, driver or manufacturer with the information referred to in Annex I, 8.4.6.1, 8.4.7.1 or 8.5.5, to Directive 97/68.
2 The person entering an engine shall record the type-approval data on commercial records.
3 Our Minister may lay down detailed rules for the implementation of the first and second members.
1 The approval authority shall supervise the conformity of engines and tractors with the type approved as referred to in the Annex. Article 3 . This monitoring may include the sampling of engines, periodic monitoring of the manufacturer's organisation and the process according to which it carries out its work.
2 The person to whom the approval has been granted shall be required to cooperate in the work relating to the supervision referred to in paragraph 1.
3 Our Minister may lay down detailed rules for the implementation of the first and second paragraphs.
1 The approval authority shall revoke a type-approval if the person to whom it was granted requests.
2 The approval authority may withdraw a type-approval if:
(a) the person who has been granted type-approval, wrongly acting as an engine, or a tractor, as part of an approved type, has been wrongly granted;
(b) the person to whom the approval has been granted act in violation of the rules referred to in Article 6 of this Decision or with Article 7, second paragraph;
c. of the supervision referred to in Article 7, first paragraph , it appears that an engine or a tractor does not correspond to the type of the type-approval granted;
(d) the type-approval has been granted unduly.
Our Minister, acting in accordance with our Ministers responsible for the co-operation, may provide the inspection body with instructions of a general nature concerning the exercise of the duties assigned to the inspection body.
A change of Directive 97/68 shall apply for the purposes of this Decision as from the date of implementation of the amending Directive concerned, unless a ministerial order, which is published in the Official Journal, becomes a different date. 3.
Road Service approvals granted for engines before the date of entry into force of this Decision, which shall comply with Directive 97/68 , shall be considered to be approvals granted under this Decision.
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This decision is referred to as: Type-approval of air pollution in engines for mobile machinery.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 18 January 2001
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. P. Pronk
Issued the 30th of January 2001The Minister of Justice
A. H. Korthals
