Rs 747.201.3 Order Of 14 October 2015 On The Requirements Applicable To The Motor Boats In Swiss Waters (Ordinance On Boat Motors, Fight)

Original Language Title: RS 747.201.3 Ordonnance du 14 octobre 2015 sur les exigences applicables aux moteurs de bateaux dans les eaux suisses (Ordonnance sur les moteurs de bateaux, OMBat)

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747.201.3 order on requirements for boat motors in Swiss waters (the motor boats, fight order) of October 14, 2015 (status February 15, 2016) the Swiss federal Council, view the art. 11, 12 and 56, al. 1, of the Federal Act of 3 October 1975 on inland navigation (LNI), stop: Section 1 provision general art. 1 scope of application this order contains the regulations on exhaust gas emissions and construction of controlled ignition engines and engine ignition compression used for the propulsion of boats and generators of electrical energy.
His prescriptions are also valid, by analogy, for combustion engines that do not work with gasoline or diesel.

Art. 2 definitions for the purposes of this order, means: a. emissions of exhaust gases: substances that escape from any opening downstream from the exhaust of a boat engine manifold; b. emission control system: the combination of all the elements that are used to control, to order and to reduce exhaust gas emissions; c. gaseous pollutants : CO carbon monoxide, fuel HC (expressed in CH1.85 or, in the determination of reference values for the subsequent control of the exhaust gases, in C6H14) and oxides of nitrogen (expressed as equivalent NO2); d. subsequent exhaust gas control: periodic maintenance of all systems related to the exhaust of the engine, when one carries out the settings indicated by the manufacturer , the necessary maintenance work and verification of all relevant parties for emissions; e. engine: the engine ready to editing to which are added up and running all the equipment necessary for its operation or that may affect emissions; f. engine family: the range with various engines manufactured by a manufacturer and whose construction is harmonized; g. on-board-diagnosis (OBD) : a system to control emissions in accordance with art. 3, ch. 9, Regulation (EC) n 715/2007 in relation to annex XI of Regulation (EC) n 692/2008, or equivalent requirements; h. significant changes of an engine: the modification of a boat engine that could possibly cause it to exceed the limits of emissions or increasing its rated power of more than 15%; i. nominal regime: the regime whereby the engine delivers rated power; j. rated power : permanent power in kilowatt (kW) for a nominal regime according to 1 part of the standard "DIN 6271-3, 1991, Hubkolben-Verbrennungsmotoren; Anforderungen; Leistungstoleranzen; Erganzende Festlegungen zu DIN ISO 3046 Teil 1"Deutsches Institut für fighting e. V (DIN), or the standard" ISO 3046-1, 2002, alternative engines internal combustion - performance - part 1: statement of the power and consumption of fuel and lubricating oil, and test methods - additional requirements for general purpose engines "of the International Organization for Standardization (ISO) and provided on the bench, to the end of the crankshaft, on another corresponding element or, in the case of outboard motors, on the shaft of the propeller. When maximum power is greater than 110% of permanent power, this is equal to the rated power for the approval of exhaust gases; k. manufacturer: any physical or moral person who built an engine, develops or does build by marketing it under his own name or its own brand; l. professional transport: transport of people or goods that meets the requirements of professional transport in accordance with art by analogy. 2, al. 1, let. b, of the law of 20 March 2009 on the transportation of passengers and its implementing provisions; Mr. made available on the market: any discount, paid or not, a sports boat, nine or not, or of a component for distribution or use in a commercial activity in Switzerland; n. put into circulation: the first making available of a product on the market in accordance with the let. m.

Regulation (EC) n 715/2007 of the European Parliament and of the Council of 20 June 2007 on the reception of the motor vehicles in terms of emissions of private and commercial vehicles (Euro 5 and Euro 6) and to information on the repair and maintenance of vehicles, OJ L 171 of the 29.6.2007, p. 1. amended lastly by Regulation (EU) n 45/2015, OJ L 9 of the 15.1.2015, p. 1.
Regulation (EC) n 692/2008 of the Commission of 18 July 2008 on the application and amendment of the Regulation (EC) n 715/2007 of the European Parliament and of the Council of 20 June 2007 on the reception of the motor vehicles in terms of emissions of private and commercial vehicles (Euro 5 and Euro 6) and to information on the repair and maintenance of vehicles OJ L 199 of the 28.7.2008; amended lastly by Regulation (EU) n 136/2014, OJ L 43 of the 13.2.2014, p. 12.
This standard can be viewed and acquired from the Swiss Association for Standardisation (SNV), Bürglistrasse 29, 8400 Winterthur, www.snv.ch.
This standard can be viewed and acquired from the Swiss Association for Standardisation (SNV), Bürglistrasse 29, 8400 Winterthur, www.snv.ch.
RS 745.1 Section 2 put on the market, making available on the market and put into operation art. 3 certificates and permits anyone who puts on the market, places available on the market or puts into operation of motors for use on boats in Switzerland must be able to present one of the following certificates: a. a declaration of conformity as referred to in art. 15, by. 1 to 4, 2013/53/EU directive for the propulsion engines of the boats Marina and sports boats referred to in art. 2, al. 1, let. has, Nos. 14 and 15, of the order of 8 November 1978 on inland navigation; b. a type approval as referred to in section 8A of regulation of tour boats of the Rhine on 18 May 1994 (RVBR) for the engines ignition compression of boats used for professional transport and whose power enters the scope of Chapter 8A RVBR.c. a declaration of conformity as referred in the 2013/53/EU directive boats compression ignition engines used for professional transport and the power is not in the scope of Chapter 8A RVBR.d. a declaration of conformity as referred in the directive 2013/353/EU for motors ignition ordered boats used for professional transport and how the power is not in the scope of Chapter 8A RVBR.

The certificates listed in para. 1, let. a to d, are also eligible for the engines of the boats of army, border guards body, from the authorities, the police and rescue organisations as well as for engines of the boats used to perform work.

Directive 2013/53/EU of the European Parliament and of the Council of November 20, 2013 to pleasure boats and nautical motor vehicles and repealing the directive 94/25/EC, OJ L 354 of the 28.12.2013, p. 90.
RS 747.201.1 RS 747.224.131. Not published in the RO.

Art. 4 Equivalence of other certificates the requirements referred to in art. 3 are considered as met if, for an engine, one of the following certificates is presented: a. an in accordance with directive 97/68/EC type approval; b. a reception in accordance with the Regulation (EC) n 595/2009; c. a certificate of expertise of type regarding the exhaust gases in accordance with Appendix C of the Ordinance of 17 March 1976 concerning navigation on Lake Constance.

The federal Department of the environment, transport, energy and communications (DETEC) can recognize compliance statements and receipts by type that have been established according to other requirements if these requirements limit emissions of exhaust gases as much or more than the provisions referred to in para. 1 and art. 3 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 against the polluting particles and gas emissions from the internal combustion engines for non-road mobile machinery, OJ L 59 of the 27.2.1998, p. 1; amended lastly by 2012/46/EU directive, OJ L 353 of 21.12.2012, p. 80.
Regulation (EC) n 595/2009 of the European Parliament and of the Council of 18 June 2009 relating to the reception of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to repair information and maintenance of vehicles, and amending regulations (EC) n 715/2007 and directive 2007/46/EC , and repealing directives 80/1269/EEC, 2005/55/EC and 2005/78/EC, OJ L 188 of the 18.7.2009, p. 1, amended lastly by regulation EU n 133/2014, OJ L 47 of the 18.2.2014, p. 1.
SR 747.223.1 art. 5 change of engines with statement of compliance or receipt by type if a boat engine for which there is a declaration of conformity is a significant change, it is necessary to carry out a new assessment of compliance.

Prior to the modification of an engine with a valid type approval and if the change affects or can affect the indicated characteristics in type approval, the operator of the engine must check with the authority that issued the reception if it lapses by the change.
If a new declaration of conformity or a new type approval is required, the engine operator informs the competent authority for permission to operate the vessel concerned and presents the new statement or receipt.

Art. 6 procedure and form requirements compliance statements and receipts by type are established by the authorities empowered to do under the provisions on which the statements or functions are based.
Are based on the provisions: a. the conformity assessment; (b) the preparation of statements of compliance and receptions by type, as well as their content and their shape; c. the marking of the engine.

Section 3 Construction and control of production art. 7 General construction requirements all parts that may affect the exhaust gases must be designed, constructed and fitted in such a way that the engine can meet the requirements of this order in normal conditions of use and despite the influence of variable factors to which the motor can be subjected, such as heat, cold, cold repeated departures and vibration.
No engine must understand building elements which market, regulate, slow down, or put out of service an important feature for emissions in order to reduce the effectiveness of the provisions of this order.

Art. 8 prescriptions on the installation of the engine each engine must be accompanied by a prescription from the engine manufacturer on the installation of said. For the manufacturer of the boat, it contains all the indications that it must observe that the installation of the engine approved as the exhaust does not change the gas production.

Art. 9 limitation of emissions of particulates on boats used for professional transport, engines ignition particle emissions by compression exceeding 37 kW in power must be limited by appropriate means.
The number of solid particles with a diameter of 23 nm and more should not exceed 1 × 10 per kWh.
Considered as appropriate means to limit particulate emissions are: a. systems for which there is evidence, according to the programme of the UN/ECE in respect to the measurement of particles in determining cycles for ships covered by the standard EN ISO 8178-4 ' alternative engines internal combustion - measurement of exhaust emissions - part 4: test Cycles in permanent regime for different engine applications. that the number of solid particles defined in para. 2 is not exceeded; b. systems of particle filters according to the list of filters for particles of the federal Office for the environment; c. the equivalent filters regarding emissions.

If a new compression ignition engine power exceeding 37 kW is laid in a boat admitted to professional transport and particle emissions exceeds the number referred to in para. 2, the competent authority verifies if the installation of a filter particles as referred to in para. 3, let. b or c, is technically feasible and sustainable economically. If necessary, the exhaust gas must be equipped with a filter system to particles.

This program can be consulted free of charge on the website of the United Nations Economic Commission for Europe (UN/ECE) under www.unece.org > Our work > Transport > Areas of work > Working parties and documents > Working party on pollution and energy (GRPE) > Informal groups > Particle measurement programme (PMP) > PMP previsous sessions > session 22 that standard can be viewed and acquired from the Swiss Association for Standardization (SNV) , Bürglistrasse 29, 8400 Winterthur, www.snv.ch the list of particle filters can be downloaded for free under www.bafu.admin.ch > topics > Air > measures > rail traffic, navigation and aviation > exhaust gas regulations > list filters for particles art. 10 requirements of service and maintenance in the written instructions for service and maintenance, developed by the manufacturer, must be available for each engine and each particle emissions reduction system. They contain instructions and the necessary instructions to ensure proper operation of emission control systems. The intervals between the important maintenance work for the exhaust gases are mentioned, as well as the scale of this work.

Art. The production of the federal Office of transport (fot) 11 control may carry out or perform a check of the production engines. These controls are used to define if the motors correspond to indications which form the basis of the declaration of conformity or the type-approval.
Controls of engine production are carried out according to the provisions on which is based the declaration of conformity or the reception by engine type.
The sis Builder in Switzerland or the importer is required to present engines subject to the control of production as well as all the necessary documents. It supports all the costs up to the end of the production control, in particular those covered by the technical review, and any administrative expenses of the OFT.

Art. 12 failure to control production if they fail to control the production, engines or engine family for which the declaration of conformity and the type-approval has been established can more be placed on the market, made available on the market, put into service or used within the scope of this order.
The OFT informed the competent authorities of findings in this area.

Section 4 maintenance and subsequent periodic inspection of exhaust art. 13 General Motors and systems of registered boats particle filters must be maintained at regular intervals according to the manufacturers.
All registered boats engines undergo subsequent periodic checks of the exhaust gases.
If the control shows that the motor is not set according to the manufacturer, there is place to set it accordingly. The relevant elements for emissions are replaced when they are defective or that they don't work.

Art. 14 exemption from subsequent periodic monitoring of exhaust equipped engines 'On-board diagnosis II' system or a system of diagnostic aid that replaces it are exempt from periodic control subsequent exhaust gas if any malfunction of the engine and the exhaust treatment system is indicated in a clear and visible to the operator and the corresponding information (malfunction with indication of the time of the observation) is stored in the unit and searchable. In case of malfunction, the operator is required to restore the engine in a period of one month from a specialized workshop approved by the manufacturer.

Art. 15 periodic inspection of systems of particulate filter compression ignition engines equipped with filters for particles in accordance with art. 9 must be submitted at regular intervals to a measure of the number of particles. The results of the measures should not exceed the comparative value of 2, 5 × 10 particles/cm.
If the number of particles measured exceeds the comparative value of the al. 1, it is necessary to take measures to restore the regulatory operation of the system of reduction of emissions of particles in accordance with art. 9, al. 3. the operation of the engines concerned is not permitted before the completion of such measures.
Measures of particles are using instruments measurers of nanoparticles of engine combustion. These instruments must meet the requirements of the Ordinance of 15 February 2006 on the measuring instruments and of its implementing rules enacted by the federal Department of justice and police.

RS 941.210 Section 5 other provisions art. 16 Emoluments of the OFT the OFT collects fees for production control and for further work are related. The fees are set according to the order of 25 November 1998 on the emoluments of the OFT.

SR 742.102 art. 17 penal provisions is punished with a fine in accordance with art. LNI 48 anyone: a. intentionally or negligently:

1 puts in service has no reception by type as the exhaust or engine which corresponds to a model not approved, 2. drives a boat whose engine has no reception by type, 3. as the owner or holder, allows the use of a vessel whose engine is not consistent or changed intentionally, 4. exceeds the time limits for mandatory subsequent periodic monitoring of the exhaust or the periodic control systems for particle filters according to the enforcement provisions of the DETEC, 5. exceeds the prescribed time for the elimination of the shortcomings referred to in art. 14 on the equipped engines 'On-board diagnosis II' system or a system that replaces it;

b. intentionally changes approved engines in such a way that they exceed the permitted values for exhaust gases.

Section 6 provisions final art. 18 enforcement provisions the DETEC enacts implementing provisions of this order, such as the conduct and the periodicity of subsequent controls of the exhaust gases as well as measures of the number of particles emitted by the engines equipped with particulate filters. In special cases, it may allow exceptions to certain provisions, when the goal is saved.
It issues directives on enforcement of the provisions relating to equipment in particle filters of the new engines of vessels used for professional transport.

Art. 19 transitional provisions registered boat Motors may continue to be exploited if subsequent exhaust controls give rise to any criticism and subject: a. that the conditions that allowed the granting of the declaration of conformity or the type-approval are met; (b) that they have been admitted as household effects in accordance with annex 5 of the order of 13 December 1993 on the requirements for exhaust of boat motors in Swiss; c. waters that their power is less than or equal to 3 kW, they have been introduced or built in Switzerland before 1 June 2007 and that there is no two engines ignition time ordered.

Engines introduced or built in Switzerland before 31 December 1994 may continue to be exploited. Exceptions are the engines two ordered ignition time.
For which the declaration of conformity has been established on the basis of directive 94/25/EC and engines that have been put on the market or into service in the EU or in Switzerland before January 18, 2017 can be made available on the market or put into service beyond that date in Switzerland. Are excluded from this provision engines two ordered ignition time who do not respect the limit values of the directive concerning the exhaust of engines with controlled ignition four-stroke.
Outboard motors ignition ordered a power equal or lower to 15 kW, built by a small or medium business and for which the declaration of conformity has been established on the basis of directive 94/25/EC may be made available on the market or put into operation in Switzerland until January 18, 2020. Are excluded from this provision engines two ordered ignition time who do not respect the limit values of the directive concerning the exhaust of engines with controlled ignition four-stroke.

[RO 1993 3333, 1997-558, 1999-754 appendix c. 7, 2006 4705 ch. II 71, 2007 2313, 2008 301]
Erratum of Jan. 26. 2016 (2016 381 RO).
Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of legislative, regulatory and administrative provisions of the Member States, provisions relating to pleasure craft OJ L 164 of the 30.6.1994, p. 15; amended lastly by directive 2003/44/EC, OJ L 214 of the 26.8.2003, p. 18.
Erratum of 31 Dec. 2015 (2015 6003 RO).

Art. 20 repeal of another act the order of 13 December 1993 on the requirements for exhaust gas of engine boats in Swiss waters is repealed.

[RO 1993 3333, 1997-558, 1999-754 appendix c. 7, 2006 4705 ch. II 71, 2007 2313, 2008 301]

Art. 21 entry into force this order comes into force on February 15, 2016.

2015 4401 RS 747.201 RO

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