The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002 (revoked)

Changes over time for: Section 2

Version Superseded: 28/01/2014

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Point in time view as at 12/10/2006. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002 (revoked), Section 2.

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InterpretationU.K.

2. In these Regulations—

“the 1988 Regulations” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 M1;
[F1“the 2005 Regulations” means the Tractor etc (EC Type-Approval) Regulations 2005;]
“agricultural or forestry tractor” means any motor vehicle, fitted with wheels on at least two axles or with caterpillar tracks, where the main function of the vehicle lies in its tractive power and it is specifically designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use;
“calendar year” means a period of 12 months expiring on 31st December;
[F2“category” means, in relation to an engine, the category specified in column (4) of Table 1 in Schedule 1 to which the engine belongs by virtue of its engine power output, production date and date of initial entry into service, respectively specified in columns 1, 2 and 3 of that Table, where, in columns (2) and (3), each date is specified by a series of three numbers, the first number denoting the day in the month, the second number denoting the month, and the third number denoting the year;]
“Council Directive 97/68/EC” means Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machineryM2[F3, as last amended by Directive 2004/26/EC of the European Parliament and of the Council of 21st April 2004 amending Directive 97/68/EC 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];
“Council Directive 2000/25/EC” means Directive 2000/25/EC of the European Parliament and the Council of 22 May 2000 on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractorsM3 [F4, as last amended by Directive 2005/13/EC of the Commission of the European Communities of 21st February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council of 22nd May 2000 concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural forestry tractors];
[F5“Council Directive 2003/37/EC” means Directive 2003/37/EC of the European Parliament and of the Council of 26th May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC, as last amended by Directive 2005/13/EC of the Commission of the European Communities of 21st February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council of 22 May 2000 concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural forestry tractors;]
“EC type approval certificate” means a type approval certificate issued by the Minister under regulation 5 of the 1988 Regulations;
“end of series engine” means a tractor engine, whether or not installed in a tractor, which—
(a)
has not been entered into service for the first time;
(b)
is stored within the territory of any member State; and
(c)
either—
(i)
was manufactured to conform with an EC type approval certificate granted on the basis of compliance with EC type approval requirements which did not include the requirements which are currently in force in accordance with Council Directive 2000/25/EC, or
(ii)
was not manufactured to comply with any EC type approval certificate;
“enforcement authority” means—
(a)
in Great Britain, the Secretary of StateF6..., and
(b)
in Northern Ireland, the Secretary of State or any District Council;
[F7“engine manufacturer” means, in relation to a tractor engine to be placed on the market under the flexibility scheme, the manufacturer of the engine;]
“engine power output” means net power as defined in section 2.4 of Annex I of Council Directive 97/68/EC;
“exempted engine” means an end of series engine designated in accordance with regulation 5;
[F8“flexibility scheme” means—
(a)
a scheme for the placing on the market of tractor engines which has been approved by the UK type approval authority under the provisions of Schedule 3, or
(b)
a flexibility scheme authorised by any other approval authority in accordance with Article 3a and Annex IV of Council Directive 2000/25/EC;]
[F9“limit values” means, in relation to a category of engine, the maximum permitted amounts of carbon monoxide, hydrocarbons (if applicable), oxides of nitrogen (if applicable), sum of the amounts of hydrocarbons and oxides of nitrogen (if applicable) and particulates specified for that category of engine in Table 2 in Schedule 1, determined in accordance with the provisions of Annex III of Council Directive 97/68/EC;]
[F10“placing on the market” means the action of making an engine or tractor available for the first time on the market, for payment or free of charge, with a view to distribution or use in a Member State; and, in particular, this definition is to be interpreted as including the following cases:
(a)
when a tractor engine is supplied by an engine manufacturer to a tractor manufacturer, it shall be considered to be placed on the market;
(b)
when a tractor is placed on the market, its engine shall be considered to be placed on the market;]
“production date” means, in relation to a relevant engine, its date of manufacture;
[F11“relevant date” means,
(a)
in relation to a relevant engine, or an agricultural or forestry tractor fitted with a relevant engine other than an engine of category E or F, the first day of the period of entry into service specified in the row of column (3) of Table 1 in Schedule 1 that applies to the engine; or
(b)
in relation to an agricultural or forestry tractor fitted with a relevant engine of category E or F, the day falling six months after the first day of the period of entry into service specified in the row of column (3) of Table 1 in Schedule 1 that applies to the engine;]
“relevant engine” means a tractor engine to which these Regulations apply by virtue of regulation 3;
[F12“replacement engine” means a newly built relevant engine—
(a)
which replaces an engine in a machine;
(b)
which has been supplied for this purpose only; and
(c)
either—
(i)
to which a label bearing the text “REPLACEMENT ENGINE” is affixed to a label on the engine, or
(ii)
where the owner’s manual in relation to the engine in question contains the text “REPLACEMENT ENGINE”;]
[F13“Stage” means, in relation to an engine placed on the market under a flexibility scheme, any period of time which elapses between a date that, under Article 4(3) of Council Directive 2000/25/EC, applies to engines of the same power output as the engine in question, and the next such date;]
[F14“tractor” has the same meaning as “agricultural or forestry tractor”;]
“tractor engine” means any internal combustion engine operating on the compression ignition principle which is intended to power an agricultural or forestry tractor.
[F15“type-approval authority” means any of the bodies appointed as the approval authority in a Member State in accordance with Council Directive 2003/37/EC;
“UK type-approval authority” has the same meaning as in regulation 2 of the 2005 Regulations]