The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 2011

Environmental Protection

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2008

Made

23rd July 2008

Laid before Parliament

28th July 2008

Coming into force

8th September 2008

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

The Secretary of State is a Minister designated(2) for the purposes of section 2(2) of that Act in relation to the environment.

Citation and commencement

1.—(1) These Regulations may be cited as the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2008.

(2) These Regulations come into force on 8th September 2008.

Amendment of Regulations

2.  In regulation 2(1)(a) of the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999(3) (definition of “Directive 97/68/EC”), for “European Parliament and Council Directive 2004/26/EC” substitute “ Council Directive 2006/105/EC(4)”.

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

23rd July 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999. They implement the provision of Council Directive 2006/105/EC which amends Directive 97/68/EC (OJ L59, 27.02.1998, p.1) on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery, so as to have regard to the Treaty of Accession of Bulgaria and Romania (OJ L 157, 21.6.2005). Council Directive 2006/105/EC amends Annex VIII of Council Directive 97/68/EC by including Bulgaria and Romania in the approval certificate numbering system.

Regulation 2 amends the definition of the term “Directive 97/68/EC” to include amendments made to that Directive by Directive 2006/105/EC.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

A copy of the Transposition Note is available from the Department for Transport, zone 1/34, Great Minster House, 76 Marsham Street, London, SW1P 4DR and may also be accessed on the OPSI website www.opsi.gov.uk.

(1)

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51).

(2)

S.I. 2008/301.

(3)

S.I. 1999/1053 as amended by S.I. 2002/1649, 2004/2034 and 2006/29.

(4)

OJ L363, 20.12.2006, p.368. Directive 97/68/EC has been amended by Commission Directive 2001/63/EC (OJ L227, 23.08.2001, p.41), European Parliament and Council Directive 2002/88/EC (OJ L35, 11.02.2003, p.28), European Parliament and Council Directive 2004/26/EC (OJ L225, 25.06.2004, p.3 (incorporating changes made by the corrigendum to the original version of the Directive published in OJ L146, 30.04.2004, p.1)) and European and Council Directive 2006/105/EC. Directive 97/68/EC was added to Annex II of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No 115/1999 of 24th September 1999 (OJ L325, 21.12.2000, p.29).