Emission Control Law (2011:318)

Original Language Title: Avgasreningslag (2011:318)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:318

Order



section 1 of this Act is to prevent the emission of exhaust gases

and other pollutants from fuels in motor vehicle damage

or causes inconvenience to human health or the environment.



Regulations on exhaust emissions from non-road mobile machinery can be found in the law

(1998:1707) on measures against noise and exhaust emissions from mobile

machines.



Definitions



2 § With EU regulations referred to in this law



1. European Parliament and Council Regulation (EC) no 715/2007

of 20 June 2007 on type approval of motor vehicles with

respect to emissions from light passenger and

commercial vehicles (Euro 5 and Euro 6) and on access to

vehicle repair and maintenance information, and



2. European Parliament and Council Regulation (EC) no 595/2009

of 18 June 2009 on type-approval of motor vehicles and

engines with respect to emissions from heavy duty vehicles (Euro vi) and on

access to repair and maintenance information

vehicles and amending Regulation (EC) no 715/2007 and

Directive 2007/46/EC and repealing directives

80/1269/EEC, 2005/55/EC and 2005/78/EC.



§ 3 subject 4-9 section has terms and expressions in the

This Act has the same meaning as in the Act (2001:559) if

Road Traffic Act definitions, vehicle (2002:574) and

fuel Act (2011:319).



4 section With emissions referred to in this law, exhaust, evaporation and

other contaminants from the fuel in a motor vehicle.



5 § With anti-pollution devices referred to in this law, the

systems, components and separate technical units in a

motor vehicle or motor that control or limit emissions.



section 6, With conversion kit referred to in this law a system for

modification of a motor vehicle or a motor from operation with

gasoline or diesel fuel for operation with an alternative

fuel.



section 7 Of the approval referred to in this law, the approval of

to a type of motor vehicle, system, component, separate

technical unit or conversion kit meets

in



1. any of the EU regulations, or



2. this law or regulations issued in connection

to the law.



section 8 with phase shown approval referred to in this law, a

type-approval of a type of vehicle that is not completed or

for a type of vehicle is built with a production process that is

split into separate stages, on the vehicle type in the

production stage where it finds itself meets the applicable

emission requirements.



section 9 with the approval authority referred to in this law, the authority

examining issues relating to the type-approval according to any of the EU-

regulations or this law.



EU regulations



section 10 of the EU regulations provide for



1. the type-approval of motor vehicles, engines and spare parts,



2. motor vehicles and engines to comply with certain requirements

on emissions,



3. emission control equipment sustainability,



4. obligation to provide information on repair and

maintenance, and



5. Prohibition of the manipulation of the emission control system.



Emission standards and type-approval in accordance with this law



section 11 of a motor vehicle or an engine which is not subject to any

by EU regulations



1. shall, to the extent provided for by this law, or

regulations issued in connection with the law, have

pollution control devices that work,



2. can be type-approved in accordance with this Act or the regulations that

will be announced in conjunction with the Act, and



3. shall be deemed to comply with the emission requirements of this law

or regulations issued in connection with the Act, if

vehicle or engine shall be subject to a type approval and other

subject to section 14, if the car owner's responsibility, § 19 of withdrawal

of the approval or if the validity of section 20 of the type.



Responsibility for compliance with emission standards



section 12 of The manufacturer of a motor vehicle which is not subject to

of any of the EU regulations or an engine to such a

vehicles are responsible for ensuring that the vehicle meets the requirements of

regulations issued in connection with this Act.



The first subparagraph shall not apply to defects resulting from a vehicle

or engine has been modified with a conversion kit.



section 13, if a motor vehicle or an engine that has been modified with a

Conversion Kit do not meet emission requirements under EU

regulations or rules given in

connection to this Act and the defect was caused

Conversion Kit, is the responsibility of the manufacturer of the

the conversion rate for the error.



section 14 of the owner of a motor vehicle shall maintain and manage

vehicle in such a way that the emission requirements under EU

regulations or rules given in

connection to this Act are met.



Obligations in relation to type-approval



section 15 of a manufacturer who has applied for or received a

type-approval in accordance with this law



1. is responsible to the approval authority in all parts of the

type-approval procedure,



2. responsible for all vehicles, engines, systems,

components, separate technical units and conversion kits

covered by the type-approval are manufactured in accordance with the

approved type,



3. is obliged to contribute to the control needed with

reason of type-approval,



4. is obliged to to the approval authority without compensation

provide the information and provide the vehicles, engines,

vehicle parts, documents, and the equipment needed for

control, and



5. is, if the manufacturer is established outside the European

economic area (EEA), obliged to appoint someone who

established in the EEA to represent the manufacturer before

approval authority.



At the stage shown approval applies to the obligations of the manufacturer

referred to in the first subparagraph 1 and 2 for the systems, components or

separate technical units which have been administered during the

the manufacturing stage that the manufacturer is responsible for, as well as for the

systems, components or separate technical units which are already

approved at earlier stages, and that the manufacturer has

amended.



section 16 of the approval authority shall have the right to access to a

factory or another establishment for studies

required in connection with the authority to examine a question of

approval under any of EU regulations or this

team.



Action plans



section 17 of the approving authority finds that pollution control

equipment covered by a type approval in accordance with this

law does not comply with the requirements applicable to vehicle-or

the engine type, the Agency may order the manufacturer to produce

an action plan to remedy shortcomings.



section 18 of the approving authority shall determine whether an action plan according to the

section 17 is sufficient. If the action plan is sufficient,

authority to approve it.



Withdrawal of type-approval



section 19 of the approving authority finds that vehicles, engines,

systems, components, separate technical units or

conversion kits are no longer matches the type

as the authority has approved in accordance with this Act, the authority may

withdrawal of type-approval.



The validity of type approvals ' duration



section 20 of The type-approval of vehicles under this act ceases to

apply when



1. production of the approved vehicle is definitively has

expired, or



2. the period of validity of the acceptance has expired as a result of

a special limit.



Manufacturer's liability to an individual car owners



section 21 the provisions of §§ 22-28 only applies in the case of

passenger cars, light commercial vehicles and light buses which are not

older than five years and not have been running longer than 80 000 kilometres.



section 22 if a regulatory control or on another

reliable manner, the pollution control

devices on a vehicle does not comply with the requirements of EU

the regulations, this Act or the connecting regulations;

the manufacturer is responsible vis-à-vis the car owner for



1. that the errors remedied free of charge,



2. the costs incurred by a new technical inspection, and



3. the costs arising from a driving ban for the car.



section 23 of the provisions in section 22 shall not apply if it is carried out is likely to

that error occurs because



1. that the car owner is not maintained the car as necessary

to the pollution control devices to work,



2. that the car owner has used the fuel of a quality

deviate substantially from what the manufacturer recommended for

to the pollution control devices to work,



3. that the car owner has one replaced emission control device

against a device from the point of view of the environment is worse than that

the car was equipped with when the car was new,



4. an accident or other similar event, or



5. abnormal use or other similar relationship

on the car owner's page.



section 24 if a manufacturer is responsible for the fault remedy under

section 22, has the professional performs automotive repair and

car owner's mission to correct any errors right to equitable remuneration

from the manufacturer for remedial work.



The person who is entitled to compensation from the manufacturer as

the first subparagraph shall not be entitled to compensation from the owner of the

the car.



section 25 of The requesting reimbursement from the manufacturer on the basis of

section 24 shall



1. give an account of the measures taken and the results

of the repair, if the manufacturer does not allow different, and



2. at the manufacturer's expense, to send the parts of the

pollution control equipment which replaced to

the manufacturer if the manufacturer requests it within two weeks from the

being requested.



section 26 of the manufacturer may not challenge the obligation to pay

compensation has been sought under section 25 then four weeks

has elapsed from the time the manufacturer got the part of

This claim. If the manufacturer pursuant to paragraph 25 of the 2 has

requested to the replaced equipment sent to itself,


the four-week deadline rather than counts from the manufacturer

got the equipment.



section 27 in respect of cars manufactured abroad shall

the manufacturer be responsible as 21 to 24 and 26 sections only for the

cars imported to Sweden by the manufacturer or by any

for the manufacturer's behalf.



section 28 in respect of cars manufactured abroad, the

as for the manufacturer's count professional for the cars to

Sweden shall be jointly and severally liable with the manufacturer, as 21 to 24 and

26 sections.



29 § in the case of cars that have been modified with a conversion kit

should the obligations under 21 to 24 and 26 to 28 § § apply it as

made on behalf of the manufacturer or of the professional

conversion kits, if the failure is due to the conversion rate.



Emission classes



30 of A passenger car, light truck and light bus shall be

classified in source category



1. Euro 5, if the vehicle meets the applicable emission requirements and

other requirements listed in table 1 of Annex i to Regulation (EC) no

715/2007 or to row B 2 in table 1 and 2 of Annex i to

European Parliament and Council Directive 2005/55/EC of 28

September 2005 on the approximation of the laws of the Member States '

relating to measures against the emission of gaseous and

particulate pollutants from engines with

compression-ignition engines for use in vehicles, and the emission of

gaseous pollutants from positive ignition engines fuelled

with natural gas or liquefied petroleum gas for use in vehicles, or



2. Euro 6, if your vehicle meets the applicable emission requirements and

other requirements listed in table 2 of Annex i to Regulation (EC) no

715/2007 or under annex 1 to Regulation (EC) no

595/2009.



section 31, a heavy truck and heavy bus should be classified in

emission class



1. Euro 5, if the engine complies with applicable emission requirements and

other requirements under line B2 of table 1 and 2 of Annex i to

Directive 2005/55/EC, or



2. Euro 6, if the engine complies with applicable emission requirements and

other requirements as set out in annex I to Regulation (EC) no 595/2009.



32 § beyond what follows from paragraphs 30 and 31, a car be

classified in source category



1. electricity, whether the car is set up to operate only with

electrical energy from the batteries,



2. Electric hybrid, the vehicle of their propulsion gets energy from

two sources that are placed in the car, and one source is

stored energy in the form of a consumable fuel, and the

the second source is a battery, a capacitor, a flywheel, a

generator or other device for storage of electrical

energy, or



3. Plug-in hybrid, the vehicle meets the conditions of

emission class electric hybrid but has the possibility of external

charge with electrical energy.



Information on repair and maintenance



33 of the questions that have a bearing on vehicle exhaust gas cleaning,

the approval authority shall submit to a manufacturer to

provide information on repair and maintenance of

vehicles referred to in what follows by articles 6 and 7 of the

Regulation (EC) no 715/2007 and article 6 of Regulation (EC)

No 595/2009. The order may be subject to a penalty.



Authorization



34 § Government or authority the Government determines

may provide for



1. limitation of emissions,



2. motor vehicle and engine equipment and nature,



3. the obligation to maintain a motor vehicle so as to

pollution control devices are working,



4. obligation to use given fuel,



5. supervision and control,



6. procedure in connection with the approval and revocation

of the type-approval,



7. procedure in connection with approval of action plans and

implementation of the action plans,



8. putting into service and the sale of motor vehicles, engines and

engine equipment,



9. obligation for the manufacturer to supply information

and documentation relating to motor vehicles, engines and motors

equipment, repair and maintenance,



10. the procedure in connection with the motor vehicle division into classes

in terms of emissions and other pollutants, according to

30 to 32 sections,



11. the motor vehicle cannot be classified in accordance with sections 30 – 32

may be classified into emission classes conforming to EU

directive if such classification,



12. fees for inspection and certification under this Act, or

regulations that have been issued in connection with the Act,



13. the decision on payment of the fee under this Act shall

effect immediately even if the decision is appealed, and



14. such derogations from 11 – 16, 19 and 20 sections as there are

specific reasons for.



Supervision



35 § the authority that the Government shall be responsible for

the supervision of the EU regulations, this Act and the

regulations that have been issued in connection with the law is followed.



36 section For supervision on matters relevant to the vehicle

exhaust gas purification, the selling motor vehicles, engines, systems,

components, separate technical units, automotive parts or

other equipment to vehicles at the request of the supervisory authority



1. provide access to vehicles or equipment and closed

areas in vehicles, as well as to premises and adjoining areas

where vehicles or equipment, and



2. provide the information and provide the documents,

samples and similar needed supervision.



37 § supervisory authority may notify the injunctions

needed to EU regulations, this Act and the regulations

in connection with the law should be followed. A

such an order may be subject to a penalty.



Responsibility



38 section to a fine person who wilfully or negligently:



1. in the context of a type-approval procedure, an

implementation of a plan of action or revocation procedure

hiding a task, leave a false information, forge

a test results, using a defeat device or

manipulates a system for limiting emissions of

nitrogen oxides and thus violate the manufacturer's

obligations under articles 4 and 5 of Regulation (EC) no

715/2007 or in articles 4 and 5 of Regulation (EC) no

595/2009,



2. do not provide such information about repair and

maintenance of vehicles which have an impact on the vehicle

exhaust gas purification and thereby violates article 6 of the regulation

(EC) no 715/2007 and article 6 of Regulation (EC) no

595/2009, or



3. tampering with a system in which the consumable reagent

or use a vehicle without consumable reagent and

Thus in breach of article 7 of Regulation (EC) no 595/2009.



section 39 The who has not followed a penalty notice under 33

or section 37 shall not be liable under this Act for a

the Act covered by the injunction.



Appeal



section 40 of The management decisions made under this Act, or

According to the rules given in connection with the law

may be appealed to the administrative court. This applies to

not, however, decisions in the cases referred to in section 20, first paragraph 5

administrative law (1986:223).



Leave to appeal is required for an appeal to the administrative court.



Transitional provisions



2011:318



1. this law shall enter into force on 1 May 2011, when the Act

(2001:1080) on vehicle exhaust gas cleaning and engine fuels,

cease to apply.



2. Emission control requirements of the repealed Act applies in the case of

type approvals granted before the entry into force of the new Act.



3. subject to the provisions given in

connection to 34 § 11 of the new Act, the terms of the repealed

legislative provisions on environmental classes for cars

divided into an environmental class before the new law's entry into force.



4. in the case of cars that have been in use prior to the new law

into force of the terms of the repealed Act regulations if a

manufacturer's liability towards a car owner.