The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 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 Various transitional provisions that are no longer applicable are removed and new transitional provisions for intermittent speed compression ignition and spark ignition engines are inserted.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 [phone]). 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 [phone]). A copy has been placed in the Library of each House of Parliament.