The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999 (S.I. 1999/1053) (“the 1999 Regulations”) implemented 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 (OJ No L 59, 27.2.1998, p1). Directive 97/68/EC has been amended by Directive 2011/88/EU of the European Parliament and of the Council of 16 November 2011 (OJ No L 305, 23.11.2011, p1). These Regulations amend the 1999 Regulations so as to implement the amendments made by Directive 2011/88/EU.

Regulation 3 amends the definition of Directive 97/68/EC in the 1999 Regulations to ensure that any reference to that Directive is to the Directive as amended by instruments up to and including Directive 2011/88/EU.

Directive 2011/88/EU amended Article 4, Article 10 and Annex XIII of Directive 97/68/EC. First, these amendments allow a temporary increase in the number of engines which can be placed on the market under an existing flexibility scheme, which permits engines meeting the most recently superseded emissions standard to be placed on the market. (By virtue of Article 4.6 of Directive 97/68/EC, engines for use in the propulsion of railcars remain excluded from the flexibility scheme, as do inland waterway vessels.) Second, they extend the flexibility scheme to cover engines used for the propulsion of locomotives. Third, they make changes regarding the placement on the market of replacement engines. The amendments are transposed by amendments to the 1999 Regulations, in particular to Schedule 9 which covers exemptions and transitional provisions for compression ignition (“CI”) engines.

The amendments for replacement engines are transposed by regulations 5, 6(4) and 6(5).

Regulation 6(5) inserts paragraph 7A in Schedule 9 to the 1999 Regulations. This transposes the exemption for CI replacement engines for locomotives to be placed on the market where current emission standards are not met. The engine can only be placed on the market if authorised by the approval authority on the basis that it meets certain other standards, and will bear a label showing it is a replacement engine exempted under paragraph 7(1)(b) of Schedule 9.

Regulation 6(4) transposes Article 10.1b of Directive 97/68/EC. It amends paragraph 7 of Schedule 9 to provide that the requirement to meet existing emission standards (provided for in regulation 3B) does not apply to the new exemption provided for by paragraph 7A of that Schedule.

Regulation 5 transposes new Article 10.1c of Directive 97/68/EC. It amends regulation 7A of the 1999 Regulations so that replacement SI (spark ignition) and CI engines already benefiting from the exemption contained in regulation 6A(1)(b) or paragraph 7(1)(a) of Schedule 9 to the 1999 Regulations respectively are marked with a unique reference that enables the engine to be associated with the relevant exemption.

In relation to the amendments to the flexibility scheme, regulation 6(6) transposes new Article 4(6) and new section 1 of Annex XIII of Directive 97/68/EC. It amends the provisions in Schedule 9 to the 1999 Regulations for the flexibility scheme by amending paragraphs 9 to 12 and by inserting new paragraphs 12A to 12D.

Paragraphs 10 to 12 of Schedule 9 provide for the flexibility scheme and the maximum number of engines that may be placed on the market that meet a pre-existing emissions standard. Paragraph 12 provides for the increased maximum number of engines that can be placed on the market during a specified period. The maximum is expressed either as a percentage of annual sales of engines in a particular category or as a number of engines in a certain range of power outputs (paragraph 12(2)) in relation to the dates specified in paragraph 12(4)(a)). The amendments increase that maximum number (paragraph 12(3)) for a specified period in relation to the category of engine specified in paragraph 12(4)(b). Paragraph 10 provides for the requirements for placing on the market which include authorisation of engines under the flexibility scheme by the approval authority (the Secretary of State) and paragraph 11 provides for the application to that authority. The amendments to those paragraphs enable the application to be made in respect of the increased amount.

The amendments to paragraph 9 and the new paragraphs 12A to 12C of Schedule 9 provide for the extension of the flexibility scheme to engines for the propulsion of locomotives. New paragraph 12C sets out the number of eligible locomotive engines that can benefit from the flexibility scheme during the period specified. New paragraphs 12A and 12B set out the terms under which they may do so, including approval by the Secretary of State of the application for the engines to be placed on the market under the flexibility scheme. New paragraph 12D provides for labels for both eligible CI engines and eligible locomotive engines.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the International Vehicle Standards Division, Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR (telephone [phone]). The impact assessment is published with the Explanatory Memorandum and Transposition Note alongside this instrument at http://www.legislation.gov.uk. The Directives referred to in this Explanatory Note may be viewed on the EUR-lex website at http://eur-lex.europa.eu.