L_2004146EN.01000101.xml
| 30.4.2004 | EN | Official Journal of the European Communities | L 146/1 |
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)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the Opinion of the European Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
Whereas:
| (1) | Directive 97/68/EC (4) implements two stages of emission limit values for compression ignition engines and calls on the Commission to propose a further reduction in emission limits, taking into account the global availability of techniques for controlling air polluting emissions from compression ignition engines and the air quality situation. |
| (2) | The Auto-Oil programme concluded that further measures are needed to improve the future air quality of the Community, especially as regards ozone formation and emissions of particulate matter. |
| (3) | Advanced technology to reduce emissions from compression ignition engines on on-road vehicles is already available to a large extent and such technology should, to a large extent, be applicable to the non-road sector. |
| (4) | There are still some uncertainties regarding the cost effectiveness of using after-treatment equipment to reduce emissions of particulate matter (PM) and of oxides of nitrogen (NOx). A technical review should be carried out before 31 December 2007 and, where appropriate, exemptions or delayed dates of entry into force should be considered. |
| (5) | A transient test procedure is needed to cover the operational conditions used by this kind of machinery under real working conditions. The test should therefore include, in an appropriate proportion, emissions from an engine that is not warmed up. |
| (6) | Under randomly selected load conditions and within a defined operating range, the limit values should not be exceeded by more than an appropriate percentage. |
| (7) | Moreover, the use of defeat devices and irrational emission control strategies should be prevented |
| (8) | The proposed package of limit values should be aligned as far as possible on developments in the United States so as to offer manufacturers a global market for their engine concepts. |
| (9) | Emission standards should also be applied for railway and inland waterway applications to help promote them as environmentally friendly modes of transport. |
| (10) | Where non-road mobile machinery complies with future limit values ahead of the deadline, it should be possible to indicate that it does so. |
| (11) | Because of the technology needed to meet the Stage III B and IV limits for PM and NOx emissions, the sulphur content of the fuel must be reduced from today's levels in many Member States. A reference fuel that reflects the fuel market situation should be defined. |
| (12) | Emission performance during the full useful life of the engines is of importance. Durability requirements should be introduced to avoid deterioration of emission performance. |
| (13) | It is necessary to introduce special arrangements for equipment manufacturers to give them time to design their products and to handle small series production. |
| (14) | Since the objective of this Directive, namely improvement of the future air quality situation, cannot be sufficiently achieved by the Member States since the necessary emission limitations concerning products have to be regulated at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Directive 97/68/EC is amended as follows:
| 1) | the following indents shall be added to Article 2:
| "— | "inland waterway vessel" shall mean a vessel intended for use on inland waterways having a length of 20 metres or more and having a volume of 100 m3 or more according to the formula defined in Annex I, Section 2, point 2.8a, or tugs or pusher craft having been built to tow or to push or to move alongside vessels of 20 metres or more, This definition does not include:
| — | vessels intended for passenger transport carrying no more that 12 people in addition to the crew, |
| — | recreational craft with a length of less than 24 metres (as defined in Article 1(2) of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (5)), |
| — | service craft belonging to supervisory authorities, |
| — | fishing vessels on the fishing vessels register of the Community, |
| — | sea-going vessels, including sea-going tugs and pusher craft operating or based on tidal waters or temporarily on inland waterways, provided that they carry a valid navigation or safety certificate as defined in Annex I, Section 2, point 2.8b. |
| — | "Original equipment manufacturer (OEM)" shall mean a manufacturer of a type of non-road mobile machine, |
| — | "Flexibility scheme" shall mean the procedure allowing an engine manufacturer to place on the market, during the period between two successive stages of limit values, a limited number of engines, to be installed in non-road mobile machinery, that only comply with the previous stage of emission limit values. | | (5) OJ L 164, 30.6.1994, p. 15. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1)."" |
| 2) | Article 4 shall be amended as follows:
| (a) | The following text shall be added at the end of paragraph 2: "Annex VIII shall be amended in accordance with the procedure referred to in Article 15 ". |
| (b) | The following paragraph shall be added:
| "6. | Compression ignition engines for use other than in propulsion of locomotives, railcars and inland waterway vessels may be placed on the market under a flexible scheme in accordance with the procedure referred to in Annex XIII in addition to paragraphs 1 to 5". | | |
| 3) | In Article 6 the following paragraph shall be added:
| "5. | Compression ignition engines placed on the market under a "flexible scheme" shall be labelled in accordance with Annex XIII." | |
| 4) | The following Article shall be inserted after Article 7: "Article 7a Inland waterway vessels 1. The following provisions shall apply to engines to be installed in inland waterway vessels. Paragraphs 2 and 3 shall not apply until the equivalence between the requirements established by this Directive and those established in the framework of the Mannheim Convention for the Navigation of the Rhine is recognised by the Central Commission of Navigation on Rhine (hereinafter: CCNR) and the Commission is informed thereof. 2. Until 30 June 2007, Member States may not refuse the placing on the market of engines which meet the requirements established by CCNR stage I, the emission limit values for which are set out in Annex XIV. 3. As from 1 July 2007 and until the entry into force of a further set of limit values which would result from further amendments to this Directive, Member States may not refuse the placing on the market of engines which meet the requirements established by CCNR stage II, the emission limit values for which are set out in Annex XV. 4. In accordance with the procedure referred to in Article 15, Annex VII shall be adapted to integrate the additional and specific information which may be required as regards the type approval certificate for engines to be installed in inland waterway vessels. 5. For the purposes of this Directive, as far as inland waterway vessels are concerned, any auxiliary engine with a power of more than 560 kW shall be subject to the same requirements as propulsion engines." |
| (5) | Article 8 shall be amended as follows:
| (a) | The title shall be replaced by "Placing on the market": |
| (b) | Paragraph 1 shall be replaced by the following:
| "1. | Member States may not refuse the placing on the market of engines, whether or not already installed in machinery, which meet the requirements of this Directive." | |
| (c) | The following paragraph shall be inserted after paragraph 2:
| "2a. | Member States shall not issue the Community Inland Water Navigation certificate established by Council Directive 82/714/EC of 4 October 1982 laying down technical requirements for inland waterway vessels (6) to any vessels whose engines do not meet the requirements of this Directive. | (6) OJ L 301, 28.10.1982, p. 1. Directive as amended by the 2003 Act of Accession."" | |
| 6) | Article 9 shall be amended as follows:
| (a) | The introductory phrase of paragraph 3 shall be replaced by the following: "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 |
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