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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2004 No. 2034 URL: https://www.bailii.org/uk/legis/num_reg/2004/20042034.html |
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Made | 28th July2004 | ||
Laid before Parliament | 12th August 2004 | ||
Coming into force | 6th September 2004 |
(4) After sub-paragraph (q), there shall be inserted the following definitions -
(t) "non-hand held engine" means an engine which does not fall within the definition of hand-held engine;
(u) "small volume engine family" means an SI engine family with a total yearly production of less than 5, 000 spark ignition engines;
(v) "small volume engine manufacturer of SI engines" means a manufacturer with a total yearly production of less than 25, 000 spark ignition engines;
(w) "intermittent speed CI engine" means a CI engine having a net power that is higher than 18 kW but not more than 560 kW and that is operated under intermittent speed rather than a single constant speed;
(x) "constant speed CI engine" means a CI engine having a net power that is higher than 18 kW but not more than 560 kW and that is operated under constant speed;
(y) "CI engine" means an engine which works on the compression ignition principle;
(z) "SI engine" means a petrol-fuelled engine having a net power of not more than 19kW and which works on the spark-ignition principle.".
Scope and Exclusions
4.
- (1) Regulation 3 shall be amended as follows.
(2) For paragraph (1), there shall be substituted the following paragraph -
where the engine is -
(5) For paragraph (5), there shall be substituted the following paragraph -
General duty relating to placing on the market
5.
- (1) Regulation 4 shall be amended as follows.
(2) In paragraph (1), for the words "and 15", there shall be substituted the words "15, 15A and 15B".
(3) In paragraph (1), the word "new" shall be deleted.
(4) In sub-paragraph (b) of regulation 4(2), the word "and" shall be deleted.
(5) After sub-paragraph (c) of regulation 4(2), there shall be inserted the following sub-paragraphs -
Class | Date | Date for small volume engine manufacturers |
Classes SN:1 and SN:2 | 1st February 2005 | 1st February 2008 |
Class SN:4 | 1st February 2007 | 1st February 2010 |
Classes SH:1, SH:2 and SN:3 | 1st February 2008 | 1st February 2011 |
Class SH:3 | 1st February 2009 | 1st February 2012" |
Category of Engines
6.
- (1) Regulation 5 shall be amended as follows.
(2) In paragraph (2), for the words "An engine" there shall be substituted the words "A CI engine".
(3) After paragraph (2), the following paragraphs shall be inserted -
Class | Displacement (cubic cm) |
Hand-held engines | |
Class SH:1 | < 20 |
Class SH:2 | ≥ 20 < 50 |
Class SH:3 | ≥ 50 |
Non-hand-held engines | |
Class SN:1 | < 66 |
Class SN:2 | ≥ 66 < 100 |
Class SN:3 | ≥ 100 < 225 |
Class SN:4 | ≥ 225 |
Provisions for grant of type approval certificate
7.
For regulation 6 there shall be substituted the following regulation -
the approval authority shall not, after the 1st September 2004, issue a type approval certificate pursuant to regulation 9(1) for an engine type or an engine family if -
(2) Where the engine is -
the approval authority shall not, on or after the 31st December 2006, issue a type approval certificate pursuant to regulation 9(1) for an engine type or an engine family if -
(3) Subject to paragraphs (4) and (5), where the engine is a SI engine, the approval authority shall not, after the 1st September 2004, issue a type approval certificate pursuant to regulation 9(1) for an engine type or an engine family if -
(4) Subject to regulation 15, where the engine is -
the approval authority shall not, after the date specified in the second column of the table, issue a type approval certificate pursuant to regulation 9(1) for an engine type or engine family if -
(5) Subject to regulation 15, where the engine is -
the approval authority shall not, after the date specified in the third column of the table, issue a type approval certificate pursuant to regulation 9(1) for an engine type or engine family if -
Class | Date | Date for small volume engine manufacturers |
Classes SN:1 and SN:2 | 1st August 2004 | 1st August 2007 |
Class SN:4 | 1st August 2006 | 1st August 2009 |
Classes SH:1, SH:2 and SN:3 | 1st August 2007 | 1st August 2010 |
Class SH:3 | 1st August 2008 | 1st August 2011" |
Transitional provisions in respect of placing engines on the market
8.
For regulation 7 there shall be substituted the following regulation -
so long as the engine complies with the limit values set out in the table in section 4.1.2.1 of Annex 1.
(2) Notwithstanding the provisions of regulation 4(2)(f), a manufacturer may place on the market on or before the 11th February 2007, a SI engine with a production date or on before the 11th February 2005 which does not comply with the limit values set out in the table in section 4.2.2.1 of Annex 1.
(3) Notwithstanding the provisions of regulation 4(2)(g), a manufacturer may place on the market the following engines which do not comply with the limit values set out in the table in section 4.2.2.2 of Annex 1 -
Replacement Engines
9.
After regulation 7 the following regulation shall be inserted -
Approval of Engines
10.
- (1) Regulation 9 shall be amended as follows.
(2) In paragraph (1), for the words "Annex 6" there shall be substituted the words "Annex 7".
(3) In sub-paragraph (a) of regulation 9(1), for the words "Annexes 1, 3, 4 and 5" there shall be substituted the words "Annexes 1, 3, 4, 5 and 6".
(4) In paragraph (5), for the words "Annex 7" there shall be substituted the words "Annex 8".
Exemptions
11.
For regulation 15 there shall be substituted the following regulation -
(2) The requirements of regulations 4(2)(a),(b) and (c) shall not apply to engines approved by the competent approval authorities in another member State in accordance with Directive 97/68/EC which -
(3) Subject to paragraph (5), the requirements of regulations 4(2)(g) and 6(4) shall be replaced by the requirements of regulations 4(2)(f) and 6(3) for an engine which -
so long as the engine family which is intending to benefit from this exemption has a different cylinder displacement from any engine family which has been manufactured by the same manufacturer and which has already benefited from the exemption.
(4) Subject to paragraph (5), the requirements of regulations 4(2)(h) and 6(5) shall be replaced by the requirements of regulations 4(2)(f) and 6(3) for an engine which -
so long as the engine family which is intending to benefit from this exemption has a different cylinder displacement from any engine family which has been manufactured by the same manufacturer and which has already benefited from the exemption.
(5) The total number of engines being exempted in accordance with paragraphs (3) and (4) shall not exceed 25,000 per engine family in any one calendar year.
(6) The machinery listed in paragraph 7 of article 9a of Directive 97/68/EC which is not manufactured by a small volume engine manufacturer shall be exempt from the requirements of regulations 4(2)(g) and 6(4) for three years (from the date applicable to the class of engine specified in column 2 of the table to regulation 4) so long as the engine complies with the requirements of regulation 4(2)(f).
(7) The machinery listed in paragraph 7 of article 9a of Directive 97/68/EC which is manufactured by a small volume engine manufacturer shall be exempt from the requirements of regulations 4(2)(h) and 6(5) for three years (from the date applicable to the class of engine specified in column 3 of the table to regulation 4) so long as the engine complies with the requirements of regulation 4(2)(f).".
12.
After regulation 15 there shall be inserted the following regulations -
(3) If the request is accepted by the approval authority it shall, within one month, send to the competent approval authorities of the other member States particulars of, and reasons for, the exemptions granted to the manufacturer.
(4) The approval authority shall issue for each engine exempted under paragraph (2) a certificate of conformity on which a special entry has been made.
(5) The certificate of conformity referred to in paragraph (4) may be included in a consolidated document which contains all the identification numbers of engines exempted under paragraph (2).
(6) The approval authority shall each year send to the European Commission a list of exemptions granted specifying the reasons.
(7) The approval authority may not exempt engines under paragraph (2) if a period of 12 months has elapsed since the date on which the engines were for the first time subject to the time limits for placing on the market.
Equivalent type approvals
15B.
- (1) This regulation shall apply to CI engines.
(2) In relation to CI engines which fall within categories A, B or C, the type approvals specified in sections 1.1, 1.2 and 1.3 of Annex 12 shall be regarded as being equivalent to a type approval issued in accordance with these Regulations, so long as the engine has affixed to it any markings that are specified by the relevant type approval.
(3) In relation to CI engines which fall within categories D, E, F or G, the type approvals specified in sections 2.1, 2.2, 2.3 and 2.4 of Annex 12 shall be regarded as being equivalent to a type approval issued in accordance with these Regulations, so long as the engine has affixed to it any markings that are specified by the relevant type approval.".
Enforcement authorities
13.
- (1) Regulation 16 shall be amended as follows.
(2) In sub-paragraph (1)(a), the words "or weights and measures authorities" shall be deleted.
(3) In sub-paragraph (1)(b), for the words "the Department of Economic Development" there shall be substituted the words "the Secretary of State or any District Council".
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State Department for Transport
28th July 2004
[3] S.I. 1999/1053, as amended by 2002/1649.back
[4] O.J. L227. 23.8.2001, p.41.back
[5] O.J. L35. 11.2.2003, p.28.back
© Crown copyright 2004