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United Kingdom Statutory Instruments


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2004 No. 2034

ENVIRONMENTAL PROTECTION

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2004

  Made 28th July2004 
  Laid before Parliament 12th August 2004 
  Coming into force 6th September 2004 

The Secretary of State for Transport, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to the reduction of emissions of pollutants from internal combustion engines, in exercise of the powers conferred upon him by that subsection, hereby makes the following Regulations:

Citation and Commencement
     1. These Regulations may be cited as the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2004 and shall come into force on 6th September 2004.

Amendment of Regulations
    
2. The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999[3] shall have effect with the following amendments.

Interpretation
     3.  - (1) Regulation 2(1) shall be amended as follows.

    (2) In sub-paragraph (a), for the words "amended by Commission Directive 2001/63/EC", there shall be substituted the words "amended by Commission Directive 2001/63/EC[
4] and last amended by European Parliament and Council Directive 2002/88/EC[5]".

    (3) For sub-paragraph (j), there shall be substituted the following sub-paragraph - 

    (4) After sub-paragraph (q), there shall be inserted the following definitions - 

Scope and Exclusions
     4.  - (1) Regulation 3 shall be amended as follows.

    (2) For paragraph (1), there shall be substituted the following paragraph - 

    (3) Paragraph (2) shall be deleted.

    (4) For sub-paragraph (d) of regulation 3(3), there shall be substituted the following sub-paragraph - 

    (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 - 

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 - 

Provisions for grant of type approval certificate
    
7. For regulation 6 there shall be substituted the following regulation - 

Transitional provisions in respect of placing engines on the market
    
8. For regulation 7 there shall be substituted the following regulation - 

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 - 

     12. After regulation 15 there shall be inserted the following regulations - 

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



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutant) Regulations 1999 (S.I. 1999/1053). They implement the provisions of Council Directive 2002/88/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal engines to be installed in non-road mobile machinery.

Regulation 3 amends the definitions of "Council Directive 97/68/EC" (to make reference to Council Directive 2002/88/EC) and "placing on the market". Various other new definitions are also inserted.

Regulation 4 substitutes a new paragraph 3(1), the effect of which is to bring spark ignition and secondary engines within the scope of the Regulations. Other minor changes to regulation 3 are also made.

Regulation 5 amends regulation 4. New provisions concerning placing engines on the market are inserted, together with a new table containing placing on the market dates for spark ignition engines.

Regulation 6 inserts a new table into the Regulations, the effect of which is to identify which class a spark ignition engine should fall within.

Regulation 7 substitutes a new regulation 6. It sets out the dates that various limit values have to be complied with (by both compression and spark ignition engines) before a type approval certificate can be issued.

Regulation 8 substitutes a new regulation 7. Various transitional provisions that are no longer applicable are removed and new transitional provisions for intermittent speed compression ignition and spark ignition engines are inserted.

Regulation 9 inserts a new regulation 7A into the Regulations. It contains various requirements for replacement engines.

Regulation 10 makes minor consequential changes to regulation 9.

Regulations 11 and 12 amend the exemption provisions in the Regulations. New exemptions for spark ignition engines are inserted and various consequential changes are made. A new regulation 15B is also inserted into the Regulations to recognise equivalent type approval for compression ignition engines.

Regulation 13 amends regulation 16, as a result of a change in enforcement authorities.

A full regulatory impact assessment of the assessment of the effect that this instrument will have on the costs of business is available from the Department for Transport, Zone 4/19, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone 020 7944 2087). A copy has been placed in the Library of each House of Parliament.

A transposition note has also been prepared and is available from the Department for Transport, Zone 4/19, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone 020 7944 2087). A copy has been placed in the Library of each House of Parliament.


Notes:

[1] S.I. 1998/745.back

[2] 1972 c. 68.back

[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



ISBN 0 11 049652 3


  © Crown copyright 2004

Prepared 12 August 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20042034.html