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

Non-conformity with the approved type or family

13.—(1) If it appears to the approval authority—

(a) that engines bearing the approval marking in accordance with paragraph 3 of Schedule 1 fail to conform to the type or engine family it has approved, and

(b) that the manufacturer to whom the relevant type approval certificate was issued is unable or unwilling to effect a sufficient remedy,

the approval authority may withdraw the type approval certificate after giving the manufacturer to whom it was issued the opportunity of making representations within a reasonable period as to why it should not be withdrawn.

(2) Where the approval authority, having considered any representations made under paragraph (1), withdraws a type approval certificate, it shall, in writing—

(a) inform the manufacturer to whom it was issued of the withdrawal of the certificate and of its reasons for the withdrawal, and

(b) inform the competent approval authorities of the member States of its withdrawal.

(3) Where the approval authority does not withdraw the type approval certificate, it shall inform the competent approval authorities of the other member States of the measures taken to ensure that the engines in production will conform to the approved type or family.

(4) For the purposes of this regulation, there shall be a failure to conform to the approved type or engine family where the approval authority finds deviations from the particulars in the type-approval certificate or the information package and where those deviations have not been authorised by the approval authority pursuant to regulation 10(3).

(5) If the approval authority believes that an engine bearing a type approval number and markings does not conform to the approved type or family it may request the competent approval authorities in the member State which granted the type approval to verify that engines in production conform to the approved type or engine family.