European Communities (Control of Emissions of Gaseous and Particulate Pollutants From Non-Road Mobile Machinery) Regulations, 1999

• Jurisdiction: Ireland

In exercise of the powers conferred on the Minister for the Environment and Local Government by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ) and for the purposes of giving effect to the provisions of Council Directive 97/68/EC(1) 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, I, DAN WALLACE, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
	Citation.	1. These Regulations may be cited as the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) Regulations, 1999.
	Entry into Force.	2. These Regulations shall come into operation on the 15th day of December 1999.
	Definitions.	3. (1) In these Regulations—
“Commission” means the Commission of the European Communities;
“Community” means the European Communities;
“Defence Forces” has the meaning assigned by the Defence Act, 1954 to 1998;
“the Directive” means Council Directive 97/68/EC;
“Member State” means a Member State of the Community;
“the National Standards Authority of Ireland” means the authority established by the National Standards Authority of Ireland Act, 1996 (No. 28 of 1996).
(2) In these Regulations—
(a) any reference to an article or sub-article which is not otherwise identified is a reference to an article or sub-article of these Regulations;
(b) any reference to an Annex which is not otherwise identified is a reference to an Annex of the Directive and, for the avoidance of doubt, includes amendments to the Annexes adopted in accordance with the procedures specified in Article 14 of the Directive; and
(c) a letter, word, phrase or symbol which has been assigned a meaning by the Directive, or is used in the Directive, has that meaning where the context requires except where otherwise indicated.
	Scope.	4. These Regulations apply to engines to be installed in non-road mobile machinery as specified in Annex I, Section 1 of the Directive.
	Designation of Approval Authority.	5. The National Standards Authority of Ireland is hereby designated as an approval authority for the purposes of these Regulations and the Directive.
	Application for Type Approval.	6. (1) Where an application for engine or engine family type-approval is submitted to an approval authority, it shall—
(a) be submitted in writing by the manufacturer;
(b) be accompanied by an information folder containing the information specified in Annex II.
(2) An engine conforming to the engine type characteristics described in Annex II, Appendix 1 shall be submitted to the technical service nominated by the approval authority to conduct the approval tests.
(3) (a) Where the approval authority determines, with regard to the parent engine in the case of an application for type-approval of an engine family, that the submitted application does not fully represent the engine family described in Annex II, Appendix 2, it shall require an alternative and, if necessary, an additional parent engine to be provided for approval in accordance with sub-articles (1) and (2);
(b) the alternative or additional engine provided in accordance with the preceding paragraph of this sub-article shall be determined by the approval authority.
(4) A separate application for type-approval shall be submitted for each engine type or engine family to be approved.
(5) A manufacturer shall not submit an application for type-approval in respect of an engine or engine family to more than one approval authority in the Community.
	Type Approval Procedure.	7. (1) The approval authority receiving an application in accordance with article 6 shall—
(a) grant type-approval to all engine types or engine families which conform to the particulars in the information folder and which meet the requirements of these Regulations, and issue a type approval certificate to this effect;
(b) compile or verify the contents of the index to the information package;
(c) complete all applicable sections of the type-approval certificate in the form of the model given in Annex VI for each engine type or engine family which it approves;
(d) number the type-approval certificate in accordance with the method described in Annex VII; and
(e) deliver to the applicant the completed type-approval certificate and its attachments.
(2) Where an engine submitted for type-approval fulfils its function or offers a specific feature only in conjunction with other parts of non-road mobile machinery, and where compliance with one or more requirements may only be verified when the engine to be approved operates in conjunction with other machinery parts, whether real or simulated, the approval authority shall—
(a) restrict the scope of the type-approval of the engine type or engine family accordingly; and
(b) include in the type-approval certificate for the engine type or engine family any restrictions on use, and indicate any conditions for fitting the engine type or engine family.
(3) The approval authority shall send monthly to other approval authorities in the Community a list, containing the particulars shown in Annex VIII, of the engine and engine family type-approvals it has granted, refused to grant or withdrawn during that month.
(4) On receipt of a request from an approval authority in the Community, the approval authority shall send forthwith, as appropriate in accordance with the request made—
(a) a copy of the type-approval certificate for the engine or engine family with or without the information package for each engine type or engine family which the approval authority has approved or refused to approve or withdrawn;
(b) the list of engines produced according to type-approvals granted, as described in Article 12, containing the particulars shown in Annex IX;
(c) a copy of the declaration described in sub-article (5) of article 12.
(5) The approval authority shall send to the Commission—
(a) each year a copy of the data sheet as shown in Annex X related to the engines and engine families approved since the last notification was made to the Commission; and
(b) the information provided for in sub-article (4) upon receipt of an application in that regard from the Commission.
	Amendments to Type Approvals.	8. (1) The manufacturer in receipt of a type approval certificate under these Regulations shall inform the approval authority which granted the certificate of any change in the particulars appearing in the information package.
(2) An application for the amendment or extension of a type-approval shall be submitted exclusively to the approval authority which granted the original type-approval.
(3) Where the particulars appearing in the information package have changed from those applicable at the time of the issue of the type-approval certificate, the approval authority shall—
(a) issue a revised page or revised pages of the information package as necessary, marking each revised page to show clearly the nature of the change and the date of re-issue;
(b) amend the index to the information package which is attached to the type-approval certificate to show the latest dates of revised pages wherever revised pages are issued; and
(c) issue a revised type-approval certificate, denoted by an extension number, if any information on it, excluding its attachments, has changed or if the standards of the Directive change subsequent to the date of issue of the type approval certificate, showing clearly the reason for the revision and the date of re-issue.
(4) If the approval authority finds that an amendment to an information package warrants new tests or checks, it shall inform the manufacturer thereof, and issue the documents mentioned in sub-article 3 of this article only after the conduct of new...