European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) (Amendment) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 407/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th October, 2012.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Directive 97/68/EC1 , as amended by Directive 2011/88/EU2 of the European Parliament and of the Council of 16 November 2011, hereby make the following Regulations—

Citation

1. (1) These Regulations may be cited as the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) (Amendment) Regulations 2012.

(2) The Principal Regulations, the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) (Amendment) Regulations 2011 ( S.I. No. 263 of 2011 ) and these Regulations may be cited together as the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) Regulations 2007 to 2012 and shall be construed together as one.

Definitions

2. (1) In these Regulations—

“Principal Regulations” means the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) Regulations 2007 ( S.I. No. 147 of 2007 ).

(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

Amendments to the Principal Regulations

3. (1) The Principal Regulations are amended—

(a) in Regulation 2(1), by substituting for the definition of “the Directive”, the following definition:

“ “Directive” means Directive 97/68/EC1 of the European Parliament and of the Council 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 of 16 December 1997, as amended by Directive 2001/63/EC3 , Directive 2002/88/EC4 , Directive 2004/26/EC5 , Directive 2006/105/EC6 , Regulation (EC) No 596/20097 , 2010/26/EU8 and Directive 2011/88/EU2”,

(b) by substituting for Regulation 6 the following:

“6.(1) Without prejudice to Regulations 13, 23, 24 and 25, a replacement engine, with the exception of railcar, locomotive and inland waterway...