The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999

Exemptions and alternative procedures

15.—(1) The requirements of regulation 4 do not apply to—

(a) engines produced directly or indirectly on behalf of and for use only by the armed services,

(b) engines approved by the competent approval authorities in another member State in accordance with Directive 97/68/EC.

(2) The approval authority may, at the request of the manufacturer, exempt end-of-series engines which are still in stock, or stocks of non-road mobile machinery in respect of their engines, from the final date for placing on the market as set out in regulation 7 in accordance with the following conditions—

(a) the manufacturer must submit an application to the approval authority before the relevant final date in regulation 7,

(b) the application must include a list of those new engines which remain unsold or have not been placed on the market before the final date and must specify the technical and/or economic reasons on which the application is based,

(c) the engines must conform to a type or family for which the type approval is no longer valid, or which did not require type approval at the time of production, but which have been produced before the production date set out in regulation 7,

(d) the engines must have been physically stored within the European Community between the production date and the final date set out in regulation 7 for that particular category,

(e) the maximum number of new engines of one or more types placed on the market in the United Kingdom under this exemption must not exceed 10 per cent of the new engines of all types concerned placed on the market in the United Kingdom during the previous year.

(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.