Directive 97/68/EC of the European Parliament and of the Council (repealed)Show full title

Article 9 U.K. [F1 Timetable-compression ignition engines]

1. GRANT OF TYPE-APPROVALS

After 30 June 1998, Member States may not refuse to grant type-approval for an engine type or engine family or to issue the document as described in [F1 Annex VII], and may not impose any other type-approval requirements with regard to air-polluting emissions for non-road mobile machinery in which an engine is installed, if the engine meets the requirements specified in this Directive as regards the emissions of gaseous and particulate pollutants.

2. TYPE-APPROVALS STAGE I

(ENGINE CATEGORIES A/B/C)

Member States shall refuse to grant type-approval for an engine type or engine family and to issue the document as described in [F1 Annex VII], and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine is installed:

• after 30 June 1998 for engines of a power output:

  — A:	130 kW ≤ P ≤ 560 kW,
  — B:	75 kW ≤ P < 130 kW,
  — C:	37 kW ≤ P < 75 kW,

if the engine fails to meet the requirements specified in this Directive and where the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values as set out in the table in [F1 section 4.1.2.1 of Annex I].

3. TYPE-APPROVALS STAGE II

(ENGINE CATEGORIES: D, E, F, G)

[F2 Member States shall refuse to grant type-approval for an engine type or engine family and to issue the document as described in Annex VII and shall refuse to grant any other type-approval for non-road mobile machinery, in which an engine, not already placed on the market, is installed:]

• — D:	after 31 December 1999 for engines of a power output: 18 kW ≤ P < 37 kW,
  — E:	after 31 December 2000 for engines of a power output: 130 kW ≤ P ≤ 560 kW,
  — F:	after 31 December 2001 for engines of a power output: 75 kW ≤ P < 130 kW,
  — G:	after 31 December 2002 for engines of a power output: 37 kW ≤ P < 75 kW,

if the engine fails to meet the requirements specified in this Directive and where the emissions of gaseous and particulate pollutants from the engine do not comply with the limit values as set out in the table in [F1 section 4.1.2.3 of Annex I].

[F3 3a. TYPE-APPROVAL OF STAGE IIIA ENGINES (ENGINE CATEGORIES H, I, J and K)

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in AnnexVII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine, not already placed on the market, is installed:

• H: after 30 June 2005 for engines — other than constant speed engines — of a power output: 130 kW ≤ P ≤ 560 kW,

• I: after 31 December 2005 for engines — other than constant speed engines — of a power output: 75 kW ≤ P < 130 kW,

• J: after 31 December 2006 for engines — other than constant speed engines — of a power output: 37 kW ≤ P < 75 kW,

• K: after 31 December 2005 for engines — other than constant speed engines — of a power output: 19 kW ≤ P < 37 kW,

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.1.2.4 of Annex I.

3b. TYPE-APPROVAL OF STAGE IIIA CONSTANT SPEED ENGINES (ENGINE CATEGORIES H, I, J and K)

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine, not already placed on the market, is installed:

• Constant speed H engines: after 31 December 2009 for engines of a power output: 130 kW ≤ P < 560 kW,

• Constant speed I engines: after 31 December 2009 for engines of a power output: 75 kW ≤ P < 130 kW,

• Constant speed J engines: after 31 December 2010 for engines of a power output: 37 kW ≤ P < 75 kW,

• Constant speed K engines: after 31 December 2009 for engines of a power output: 19 kW ≤ P < 37 kW,

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values set out in the table in Section 4.1.2.4 of Annex I.

3c. TYPE-APPROVAL OF STAGE III B ENGINES (ENGINE CATEGORIES L, M, N and P)

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine, not already placed on the market, is installed:

• L: after 31 December 2009 for engines — other than constant speed engines — of a power output: 130 kW ≤ P ≤ 560 kW,

• M: after 31 December 2010 for engines — other than constant speed engines — of a power output: 75 kW ≤ P < 130 kW,

• N: after 31 December 2010 for engines — other than constant speed engines — of a power output: 56 kW ≤ P < 75 kW,

• P: after 31 December 2011 for engines — other than constant speed engines — of a power output: 37 kW ≤ P < 56 kW,

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values set out in the table in Section 4.1.2.5 of Annex I.

3d. TYPE-APPROVAL OF STAGE IV ENGINES (ENGINE CATEGORIES Q and R)

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII, and shall refuse to grant any other type-approval for non-road mobile machinery in which an engine, not already placed on the market, is installed:

• Q: after 31 December 2012 for engines — other than constant speed engines — of a power output: 130 kW ≤ P ≤ 560 kW,

• R: after 30 September 2013 for engines — other than constant speed engines — of a power output: 56 kW ≤ P < 130 kW,

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values set out in the table in Section 4.1.2.6 of Annex I.

3e. TYPE-APPROVAL OF STAGE III A PROPULSION ENGINES USED IN INLAND WATERWAY VESSELS (ENGINE CATEGORIES V)

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII:

• V1:1: after 31 December 2005 for engines of power output at or above 37 kW and swept volume below 0,9 litres per cylinder,

• V1:2: after 30 June 2005 for engines with swept volume at or above 0,9 but below 1,2 litres per cylinder,

• V1:3: after 30 June 2005 for engines with swept volume at or above 1,2 but below 2,5 litres per cylinder and an engine power output of: 37 kW ≤ P < 75 kW,

• V1:4: after 31 December 2006 for engines with swept volume at or above 2,5 but below 5 litres per cylinder,

• V2: after 31 December 2007 for engines with swept volume at or above 5 litres per cylinder,

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.1.2.4 of Annex I.

3f. TYPE-APPROVAL OF STAGE III A PROPULSION ENGINES USED IN RAILCARS

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII:

• RC A: after 30 June 2005 for engines of power output above 130 kW

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.1.2.4 of Annex I.

3g. TYPE-APPROVAL OF STAGE III B PROPULSION ENGINES USED IN RAILCARS

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII:

• RC B: after 31 December 2010 for engines of power output above 130 kW

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.1.2.5 of Annex I.

3h. TYPE-APPROVAL OF STAGE III A PROPULSION ENGINES USED IN LOCOMOTIVES

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII:

• RL A: after 31 December 2005 for engines of power output: 130 kW ≤ P ≤ 560 kW

• RH A: after 31 December 2007 for engines of power output: 560 kW < P

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.1.2.4 of Annex I. The provisions of this paragraph shall not apply to the engine types and families referred to where a contract has been entered into to purchase the engine before  20 May 2004 and provided that the engine is placed on the market no later than two years after the applicable date for the relevant category of locomotives.

3i. TYPE-APPROVAL OF STAGE III B PROPULSION ENGINES USED IN LOCOMOTIVES

Member States shall refuse to grant type-approval for the following engine types or families and to issue the document as described in Annex VII:

• R B: after 31 December 2010 for engines of power output above 130 kW

where the engine fails to meet the requirements specified in this Directive and where the emissions of particulate and gaseous pollutants from the engine do not comply with the limit values as set out in the table in section 4.1.2.5 of Annex I. The provisions of this paragraph shall not apply to the engine types and families referred to where a contract has been entered into to purchase the engine before  20 May 2004 and provided that the engine is placed on the market no later than two years after the applicable date for the relevant category of locomotives.]

4. [F2 PLACING ON THE MARKET: ENGINE PRODUCTION DATES]

After the dates referred to hereafter, with the exception of machinery and engines intended for export to third countries, Member States shall permit the registration, where applicable, and [F1 placing on the market of engines], whether or not already installed in machinery, only if they meet the requirements of this Directive, and only if the engine is approved in compliance with one of the categories as defined in paragraphs 2 and 3.

Stage I

• category A: 31 December 1998

• category B: 31 December 1998

• category C: 31 March 1999

Stage II

• category D: 31 December 2000

• category E: 31 December 2001

• category F: 31 December 2002

• category G: 31 December 2003

Nevertheless, for each category, Member States may postpone each date mentioned in the above requirement for two years in respect of engines with a production date prior to the said date.

The permission granted for stage I-engines shall be terminated with effect from the mandatory implementation of stage II.

[F3 4a. Without prejudice to Article 7a and to Article 9(3g) and (3h), after the dates referred to hereafter, with the exception of machinery and engines intended for export to third countries, Member States shall permit the placing on the market of engines, whether or not already installed in machinery, only if they meet the requirements of this Directive, and only if the engine is approved in compliance with one of the categories as defined in paragraphs 2 and 3.

Stage III A other than constant speed engines

• category H: 31 December 2005

• category I: 31 December 2006

• category J: 31 December 2007

• category K: 31 December 2006

Stage III A inland waterway vessel engines

• category V1:1: 31 December 2006

• category V1:2: 31 December 2006

• category V1:3: 31 December 2006

• category V1:4: 31 December 2008

• categories V2: 31 December 2008

Stage III A constant speed engines

• category H: 31 December 2010

• category I: 31 December 2010

• category J: 31 December 2011

• category K: 31 December 2010

Stage III A railcar engines

• category RC A: 31 December 2005

Stage III A locomotive engines

• category RL A: 31 December 2006

• category RH A: 31 December 2008

Stage III B other than constant speed engines

• category L: 31 December 2010

• category M: 31 December 2011

• category N: 31 December 2011

• category P: 31 December 2012

Stage III B railcar engines

• category RC B: 31 December 2011

Stage III B locomotive engines

• category R B: 31 December 2011

Stage IV other than constant speed engines

• category Q: 31 December 2013

• category R: 30 September 2014]

For each category, the above requirements shall be postponed by two years in respect of engines with a production date prior to the said date.

The permission granted for one stage of emission limit values shall be terminated with effect from the mandatory implementation of the next stage of limit values.

[F3 4b. LABELLING TO INDICATE EARLY COMPLIANCE WITH THE STANDARDS OF STAGES IIIA, IIIB AND IV]

For engine types or engine families meeting the limit values set out in the table in section 4.1.2.4, 4.1.2.5 and 4.1.2.6 of Annex I before the dates laid down in paragraph 4 of this Article, Member States shall allow special labelling and marking to show that the equipment concerned meets the required limit values before the dates laid down.

Textual Amendments

F1 Substituted by Directive 2002/88/EC of the European Parliament and of the Council of 9 December 2002 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.

F2 Substituted by Directive 2004/26/EC of the European Parliament and of the Council of 21 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 (Text with EEA relevance).

F3 Inserted by Directive 2004/26/EC of the European Parliament and of the Council of 21 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 (Text with EEA relevance).