The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2006

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002 (“the 2002 Regulations”), in order to implement Directive 2005/13/EC of the Commission of the European Communities of 21st February 2005 (“the Directive”), as far as it relates to the entry into service of tractors and tractor engines. The provisions of this Directive relating to the type-approval of tractors will be implemented separately, by an amendment to the Tractor etc (EC Type-Approval) (Amendment) Regulations 2005.

These provisions of the Directive introduce new limit values which the emissions of particulate pollutants of tractor engines will no longer be allowed to exceed on the first entry into service of the engine. The Directive sets the date from which these limit values will apply. It also requires Member States to introduce a flexibility scheme, under which a limited number of engines that comply only with the emission limit value stage immediately preceding the currently applicable stage may be placed on the market. Finally, it provides that replacement engines only need to comply with the limit values that applied to the engine they replace when it was first entered into service.

In addition, these Regulations ensure that the directives referred to in the 2002 Regulations are read as last amended, and that they are consistent with the new Tractor etc (EC Type-Approval) Regulations 2005.

The structure of the Tables in Schedule 1 to the 2002 Regulations, specifying the categories of engines, relevant dates and limit values the 2002 Regulations, is modified.

To achieve the above purposes, regulation 3 amends the definitions used in the 2002 Regulations.

Regulation 4 amends the provision of the 2002 Regulations that relate to their application. In accordance with Article 1(2) of Directive 2005/13/EC, replacement engines will no longer be exempt, and the Regulations will not apply to engines placed under the market under a flexibility scheme, as is required by Article 1(3) of the same directive.

Regulation 5 replaces regulation 4 of the 2002 Regulations, so that the rules on replacement engines imposed by Article 1(2) of Directive 2005/13/EC are implemented. It also inserts, as a new regulation 4(4), a provision which prevents requirements from being imposed retroactively. Finally, it expressly applies some requirements to tractors as well as to their engines.

In connection with this issue, regulation 7 makes minor amendments to Schedule 2 (Offences, Enforcement and Other Matters) to the 2002 Regulations, to make it clear that the powers of enforcement available in relation to engines are also available in relation to tractors.

Regulation 6 replaces Schedule 1 to the 2002 Regulations. The structure of Table 1 (categories of engines and relevant date) is modified. The Table now indicates the category of the engine by reference to its power output range, date of initial entry into service, and production date. It includes the new categories, as is required by Article 1(4)(b) of Directive 2005/13/EC. Table 2 has also been modified to include the new limit values that apply to the new categories of engines, and to reflect the fact that, for some of these categories of engines, the engine must comply with one global limit value for the sum of the emissions of hydrocarbons and oxides of nitrogen.

Regulation 8 inserts a new Schedule 3 to the 2002 Regulations, which sets out the requirements for the UK flexibility scheme.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Tony Baker at the Department for Transport (tel: [phone] or e-mail: [e-mail]), or from the website of the Office of Public Sector Information: www.opsi.gov.uk. A transposition note has also been prepared, and is available from the same sources.