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Directive 97/68/EC of the European Parliament and of the Council (repealed)Show full title

Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 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of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (repealed)

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Changes over time for: Article 2

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Version Superseded: 01/01/2017

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EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

Article 2U.K.Definitions

For the purposes of this Directive:

  • non-road mobile machinery shall mean any mobile machine, transportable industrial equipment or vehicle with or without body work, not intended for the use of passenger- or goods-transport on the road, in which an internal combustion engine as specified in Annex I section 1 is installed,

  • type-approval shall mean the procedure whereby a Member State certifies that an internal combustion engine type or engine family with regard to the level of emission of gaseous and particulate pollutants by the engine(s), satisfies the relevant technical requirements of this Directive,

  • engine type shall mean a category of engines which do not differ in such essential engine characteristics as specified in Annex II, Appendix 1,

  • engine family shall mean a manufacturer's grouping of engines which, through their design, are expected to have similar exhaust emission characteristics and which comply with the requirements of this Directive,

  • parent engine shall mean an engine selected from an engine family in such a way that it complies with the requirements set out in sections 6 and 7 of Annex I,

  • engine power output shall mean net power as specified in section 2.4 of Annex I,

  • engine production date shall mean the date when the engine passes the final check after it has left the production line. At this stage the engine is ready to be delivered or to be put on stock,

  • [F1placing on the market shall mean the action of making an engine available for the first time on the market, for payment or free of charge, with a view to distribution and/or use in the Community,]

  • manufacturer shall mean the person or body who is responsible to the approval authority for all aspects of the type-approval process and for ensuring conformity of production. It is not essential that the person or body is directly involved in all stages of the construction of the engine,

  • approval authority shall mean a Member State's competent authority or authorities responsible for all aspects of type-approval of an engine or of an engine family, for issuing and withdrawing approval certificates, for serving as the contact point with the approval authorities of the other Member States, and for verifying the manufacturer's conformity of production arrangements,

  • technical service shall mean the organization(s) or body(ies) that has(have) been appointed as a testing laboratory to carry out tests or inspections on behalf of the approval authority of a Member State. This function may also be carried out by the approval authority itself,

  • information document shall mean the document set out in Annex II that prescribes the information to be supplied by an applicant,

  • information folder shall mean the total folder or file of data, drawings, photographs, etc. supplied by the applicant to the technical service or the approval authority as prescribed in the information document,

  • information package shall mean the information folder plus any test reports or other documents that the technical service or the approval authority have added to the information folder in the course of carrying out their functions,

  • index to the information package shall mean the document in which the contents of the information package, suitably numbered or otherwise marked to clearly identify all pages, are listed[F1,]

  • [F2replacement engines shall mean a newly built engine to replace an engine in a machine, and which has been supplied for this purpose only,

  • hand-held engine shall mean an engine that meets at least one of the following requirements:

    (a)

    the engine must be used in a piece of equipment that is carried by the operator throughout the performance of its intended function(s);

    (b)

    the engine must be used in a piece of equipment that must operate multipositionally, such as upside down or sideways, to complete its intended function(s);

    (c)

    the engine must be used in a piece of equipment for which the combined engine and equipment dry weight is under 20 kilograms and at least one of the following attributes is also present:

    (i)

    the operator must alternatively provide support or carry the equipment throughout the performance of its intended function(s);

    (ii)

    the operator must provide support or attitudinal control for the equipment throughout the performance of its intended function(s);

    (iii)

    the engine must be used in a generator or a pump,

  • non-hand-held engine shall mean an engine which does not fall under the definition of a hand-held engine,

  • professional use multipositional hand-held engine shall mean a hand-held engine which meets the requirements of both (a) and (b) of the hand-held engine definition and in relation to which the engine manufacturer has satisfied an approval authority that a Category 3 Emissions Durability Period (according to section 2.1 of Appendix 4 to Annex IV) would be applicable to the engine,

  • emission durability period shall mean the number of hours indicated in Annex IV, Appendix 4, used to determine the deterioration factors,

  • small volume engine family shall mean a spark-ignition (SI) engine family with a total yearly production of fewer than 5 000 units,

  • small volume engine manufacturer of SI engines shall mean a manufacturer with a total yearly production of fewer than 25 000 units [F3 [X1,] ] ]

  • [F4 [X1inland waterway vessel shall mean a vessel intended for use on inland waterways having a length of 20 metres or more and having a volume of 100 m 3 or more according to the formula defined in Annex I, Section 2, point 2.8a, or tugs or pusher craft having been built to tow or to push or to move alongside vessels of 20 metres or more,

    This definition does not include:

    • vessels intended for passenger transport carrying no more that 12 people in addition to the crew,

    • recreational craft with a length of less than 24 metres (as defined in Article 1(2) of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (1) ,

    • service craft belonging to supervisory authorities,

    • fire-service vessels,

    • naval vessels,

    • fishing vessels on the fishing vessels register of the Community,

    • sea-going vessels, including sea-going tugs and pusher craft operating or based on tidal waters or temporarily on inland waterways, provided that they carry a valid navigation or safety certificate as defined in Annex I, Section 2, point 2.8b,

  • original equipment manufacturer (OEM) shall mean a manufacturer of a type of non-road mobile machine,

  • flexibility scheme shall mean the procedure allowing an engine manufacturer to place on the market, during the period between two successive stages of limit values, a limited number of engines, to be installed in non-road mobile machinery, that only comply with the previous stage of emission limit values.] ]

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