Explanatory Note
These Regulations, which prohibit the initial entry into service of tractor engines which do not meet specified emissions requirements, implement Articles 4.3 to 4.5 of Directive 2000/25 of the European Parliament and of the Council on action to be taken against the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors.
The tractor engines to which the Regulations apply are specified in regulation 3. They include all engines falling within a category specified Table 1 in Schedule 1 apart from engines for tractors intended for sale outside the European Community, replacement engines and “end of series engines” designated under regulation 5. Regulation 5 provides for engine manufacturers to apply to the Secretary of State for exemption of engines manufactured before the application of the new emissions standards established by Directive 2000/25 came into force up to a maximum equivalent to 10 per cent of the engines manufactured by the manufacturer in question during the previous calendar year.
Regulation 4 prohibits the first entry into service of a relevant engine after a date specified for the relevant engine category in Table 1 in Schedule 1 if the engine does not comply with the emissions limits specified in Table 2 (determined in accordance with Annex III of Council Directive 97/68).
Regulation 6 and Schedule 2 provide for offences and enforcement. Under paragraph 1 of Schedule 2 it is an offence to contravene the prohibition in regulation 4, as well as certain enforcement provisions in the Schedule. Paragraph 2 of the Schedule establishes certain defences, and paragraphs 4 to 15 contain provisions (including powers of entry and seizure) aimed at assisting enforcement. Regulation 6 provides for the Regulations to be enforced in Great Britain by the Secretary of State and in Northern Ireland by the Secretary of State and District Councils; and for the bringing of criminal proceedings.
This Explanatory Note incorporates the Transposition Note that would otherwise have been provided separately.
Copies of the Directives and Regulations which are relevant to these Regulations can be obtained from the Stationery Office.
A Regulatory Impact Assessment for Directive 2000/25 has been prepared and copies may be obtained from the Vehicle Standards and Engineering Division, Department for Transport, Zone 4/17, Great Minister House, 76 Marsham Street, London SW1P 4DR, telephone number 020 7944 2097. A copy has been placed in the library of both Houses of Parliament.