Council decision of 18 January 2001, implementing Directive 74/60/EEC. 97/68/EC and by Directive 74/60/EEC. 2000/25/EC (air pollution Decision type approval of tractors and engines for mobile machines) we Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of Our Minister of housing, spatial planning and the environment of 13 september 2000, no. MJZ2000108272, central legal Directorate, legislation section, done in accordance with our Minister of transport and the Minister of agriculture, nature management and fisheries;
Having regard to the Council Directive No. 97/68/EC of the European Parliament and of 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 engines to be installed in non-road mobile machinery (OJ L 59, 1998), Directive 74/60/EEC. 2000/25/EC of the European Parliament and of the Council of the European Union of 22 May 2000 (OJ L 173) relating to measures against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors and amending Council Directive 74/150/EEC and to the provisions of articles 13, 15 and 17 of the law on air pollution;
The State Council heard (opinion of 3 november 2000, no. W 08.00.0431/V);
Having regard to the further report of our Minister of housing, spatial planning and the environment of 16 January 2001, nr. MJZ20010026174, central legal Directorate, legislation section, released in accordance with our Minister of transport and the Minister of agriculture, nature management and fisheries;
Have goedgevonden and mean: Article 1 In this decision and the resting provisions, the following definitions shall apply: a. Directive 97/68: Directive 74/60/EEC. 97/68/EC of the European Parliament and of 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 engines to be installed in non-road mobile machinery (OJ L 59, 1998);
b. Our Minister: the Minister of infrastructure and the environment;
c. manufacturer: individual or organization that opposite the inspection body responsible for all aspects of the approval process and engages for the conformity of the production with the approved type;
d. inspection body: an inspection body designated by the Minister;
e. mobile machinery: mobile tool, transportable industrial equipment or vehicle with or without body work, not intended for passenger or goods transport on the 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. elder engine: parent engine, as referred to in article 2 of Directive 97/68;
i. motor: 1 °. combustion engine as referred to in annex I, part 1, of Directive 97/68 intended to be fitted in a mobile machine or mounted in a mobile plant;
2 °. secondary combustion engine as referred to in annex I, part 1, of Directive 97/68;
j. information folder: information dossier referred to in article 2 of Directive 97/68;
k. placing on the market: as referred to in article 2, eighth indent, of Directive 97/68;
l. replacement engine: newly built engine to replace an engine in a mobile machine or tractor already in use;
m. flexible scheme: procedure as referred to in articles 4, paragraph 6, 10, paragraph 5, and 10, seventh heading, in conjunction with annex XIII to Directive 97/68 where an engine manufacturer in the period between two successive stages of a limited number of limit values in non-road mobile machinery in build engines in the market that only comply with the emission limit values from the previous stage.
Article 2 [expired per 18-02-2014] article 3 1 it is forbidden to a motor on the market or stocking the product if the engine does not belong to an engine type or an engine family with regard to air pollution is approved.
2 the approval referred to in the first paragraph, is a approval: a. on the basis of type-approval by the inspection body, carried out on the basis of the rules laid down by or pursuant to this decision;
b. According to a component type-approval certificate referred to in Directive 97/68, or (c). on the basis of a type-approval in accordance with Directive 97/68, annex XII, at least an equivalent level of protection.
Article 4 1 the prohibition referred to in article 3 shall not apply to: a. an engine for use by the armed forces;
b. in mobile machines intended mainly for launching and bringing in life rafts;
c. in mobile machines intended mainly for launching and bringing in from the beach launched boats;
d. when the flexible arrangement applies;
e. that intended for export to areas in which the agreement on the European economic area does not apply.
2 at the request of the manufacturer, The approval authority may allow by way of derogation from article 3 for 12 months after the expiry of the period of validity of an approval referred to in article 3 a motor is placed on the market, if the requirements referred to in article 10, paragraph 2, in conjunction with article 10, paragraph 6, of Directive 97/68 is met.
3 our Minister may designate which engines categories referred to in article 3, the prohibition does not apply.
Article 4a 1 type-approval referred to in article 3, paragraph 2, part a, shall be submitted by the manufacturer requested from the authority.
2 an application shall be accompanied by: a. an information folder, and b. a motor that meets the engine characteristics referred to in annex II, Appendix 1, of Directive 97/68. If the application concerns an engine family and the parent engine represents insufficient according to the approval authority the engine family as referred to in annex II, Appendix 2, of Directive 97/68, a different parent engine made available.
3 A request is not in more than one Member State of the European Union.
4 for each engine type to be approved and to adopt for each engine family is a separate application shall be submitted.
5 a change or extension of a type-approval shall not be considered if the approval authority has not granted the original type-approval.
Article 5 1 Type-approval shall only be refused if: a. the engine type or engine family does not comply with the requirements in this Act or the regulations, referred to in the third paragraph, and b. the engine type or engine family is not in accordance with the particulars in the information folder.
2 If the engine type or engine family for which approval is requested only function or a characteristic only in conjunction with other parts of the mobile machinery in which it is mounted, the type-approval accordingly limited.
3 the Minister shall establish the rules by which the second paragraph of article 3, introductory wording and type-approvals referred to in point (a) are carried out. The requirements relate to properties and components of engines, that determine the air pollution caused by this and contain a description of the inspection process.
4 In the event of a change of the inspection requirements which have located on the type-approvals referred to in paragraph 1 or to an approval certificate referred to in article 3, introductory wording and point (b) of paragraph 2, our Minister for a set period, at the expiry of which that loses its validity type-approval.
5 a type-approval shall be deemed not to have been granted, so long to the operator, driver or manufacturer, where appropriate, the information referred to in annex I, regulation, 188.8.131.52 or 184.108.40.206 8.5.5 of Directive 97/68, has not been provided.
Article 6 1 the person assigned to the type-approved: a. brings marks to: 1 °. each unit manufactured in conformity with the approved type is produced, in accordance with Annex I, regulation 3, of Directive 97/68;
2 °. compression-ignition engines which, according to the flexible system on the market, in accordance with annex XIII of Directive 97/68;
b. brings on an exempt Exchange engine a label with the text REPLACEMENT ENGINE and the unique reference of the deviation in question;
c. provided with each unit manufactured detailed information about any restrictions as referred to in article 5, paragraph 2, and shall indicate any conditions for fitting it;
d. periodically or at the request, provide information to the authority in connection with the reporting obligations referred to in Directive 97/68;
e. inform the inspection body on changes to the data in the information package and other data which have located on the granting of a type-approval;
f. provided to all owners of new engines or mobile machines written instructions on the NOx emission control system and the correct operation, in accordance with Annex I, Appendix I, of Directive 97/68;
g. follows for the verification of the durability of compression ignition engines the procedure referred to in annex III, Appendix 5, of Directive 97/68 for the selection of engines to be tested according to a corporate accumulation schedule and performs maintenance and repairs of these engines in accordance with annex III, Appendix 5, regulation 2.5 to 220.127.116.11, of Directive 97/68;
h. shall provide, where appropriate, to the operator, driver or manufacturer the information referred to in annex I, 18.104.22.168 or 22.214.171.124, 8.5.5, of Directive 97/68.
2 enter the one that an engine, the type-approval data on commercial documents.
3 our Minister may establish detailed rules for the application of the first and second paragraphs.
Article 7 1 the inspection body shall monitor the conformity of engines and tractors with the type for which a type-approval has been granted as referred to in article 3. To this surveillance may include random testing of motors, periodically checking the Organization of the manufacturer as well as the process under which he carries out his work.
2 the person to whom the approval was granted, is held to provide the assistance necessary to the activities related to the monitoring referred to in the first paragraph.
3 our Minister may establish detailed rules for the application of paragraphs 1 and 2.
Article 8 1 the inspection body draws a type-approval if the person to whom it was granted so requests.
2 the approval authority can revoke a type approval if: a. the party to whom the type-approved engine or a tractor or a wrongly let continue as belonging to an approved type;
b. the person to whom the approval was granted in breach of the requirements referred to in article 6 of this decision or with article 7, paragraph 2;
c. the monitoring referred to in article 7, paragraph 1, it appears that a motor or a tractor does not correspond to the type for which the type-approval is granted;
(d) the type-approval has been wrongly granted.
Article 9 the Minister, acting in accordance with our Ministers that the Commission is concerned, the approval authority may give directions of a general nature concerning the exercise of the functions assigned to the approval authority.
Article 10 [expired per 18-02-2014] article 11 an amendment to Directive 97/68 goes for the application of this decision shall apply with effect from the day on which the relevant amending Directive implementation must have been given, unless in the Government Gazette by ministerial decision, which will be announced, a different time is fixed.
Article 12 [expired per 18-02-2014] article 13 approvals of the road traffic Service for engines granted before the date of entry into force of this decision, which comply with Directive 97/68, be classified as approvals granted on the basis of this decision.
Article 14 this decision shall enter into force with effect from the day following the date of issuance of the Official Gazette in which it is placed.
Article 15 this decision is cited as: type-examination air pollution Decision engines for mobile machines.
Charges and recommended that this decision with the corresponding note of explanation in the Official Gazette will be placed.
The Hague, 18 January 2001 Beatrix the Minister of housing, spatial planning and the environment, j. p. Pronk Issued the 30th January 2001 the Minister of justice a. h. Korthals