in Non-Road Mobile Machinery Regulations, 2013

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,040, 1 ta’ Marzu, 2013

L.N. 83 of 2013

PRODUCT SAFETY ACT

(CAP. 427)

Measures Against the Emission of Gaseous and Particulate

Pollutants from Internal Combustion Engines to be Installed

in Non-Road Mobile Machinery Regulations, 2013

IN exercise of the powers conferred by article 38 and 40 of the

Product Safety Act, the Minister for Fair Competition, Small

Business and Consumers, on the advice of the Malta Competition and

Consumer Affairs Authority, has made the following regulations:-

(1) The title of these regulations is the Measures Citation and

Against the Emission of Gaseous and Particulate Pollutants from implementation.

Internal Combustion Engines to be Installed in Non-Road Mobile

Machinery Regulations, 2013.

(2) These regulations implement the following requirements

(a)

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;

(b) Directive 2001/63/EC of 17 August 2001 adapting

to technical progress Directive 97/68/EC 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;

(c)

Directive 2002/88/EC of the European Parliament

and of the Council of 9 December 2002 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;

(d) 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;

(e)

Directive 2006/105/EC of 20 November 2006

adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC

in the field of environment, by reason of the accession of

Bulgaria and Romania;

(f)

Regulation (EC) No 596/2009 of the European

Parliament and of the Council of 18 June 2009 adapting a

number of instruments subject to the procedure referred to in

Article 251 of the Treaty to Council Decision 1999/468/EC with

regard to the regulatory procedure with scrutiny;

(g) Directive 2010/26/EU of 31 March 2010 amending

Directive 97/68/EC 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;

(h) Directive 2011/88/EU of the European Parliament

and of the Council of 16 November 2011 amending Directive

97/68/EC as regards the provisions for engines placed on the

market under the flexibility scheme.

These regulations set the emission standards and type-

approval procedures for engines to be installed in non-road mobile

machinery.

For the purposes of these regulations the following

definitions shall apply

"approval authority" means the Technical Regulatory Division

of the Malta Competition and Consumer Affairs Authority,

hereinafter referred to as the approval authority in Malta, or its

equivalent authority in another Member State and is responsible for

all aspects of type-approval of an engine or of an engine family, for

issuing and withdrawing approval certificates, for serving as the

contact point with the approval authorities of the other Member

States, and for verifying the manufacturer's conformity of production

arrangements;

"emission durability period" means the number of hours

indicated in Schedule IV, Appendix 4, used to determine the

deterioration factors;

"engine family" means a manufacturer’s grouping of engines

which, through their design, are expected to have similar exhaust

emission characteristics and which comply with the requirements of

these regulations;

"engine power output" means net power as specified in section

2.4 of Schedule I;

"engine production date" means the date when the engine passes

the final check after it has left the production line. At this stage the

engine is ready to be delivered or to be put on stock;

"engine type" means a category of engines which do not differ

in such essential engine characteristics as specified in Schedule II,

Appendix 1;

"flexibility scheme" means 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;

"hand-held engine" means an engine that meets at least one of

the following requirements

(a)

the engine must be used in a piece of equipment that

is carried by the operator throughout the performance of its

intended function(s);

(b) the engine must be used in a piece of equipment that

must operate multipositionally, such as upside down or

sideways, to complete its intended function(s);

(c)

the engine must be used in a piece of equipment for

which the combined engine and equipment dry weight is under

20 kilograms and at least one of the following attributes is also

present

(i) the operator must alternatively provide

support or carry the equipment throughout the performance

of its intended function(s);

(ii) the operator must provide support or

attitudinal control for the equipment throughout the

performance of its intended function(s);

(iii) the engine must be used in a generator or a

pump;

"index to the information package" means the document in

which the contents of the information package, suitably numbered or

otherwise marked to clearly identify all pages, are listed;

"information document" means the document set out in

Schedule II that prescribes the information to be supplied by an

applicant;

"information folder" means the total folder or file of data,

drawings, photographs, etc., supplied by the applicant to the technical

service or the approval authority as prescribed in the information

document;

"information package" means the information folder plus any

test reports or other documents that the technical service or the

approval authority have added to the information folder in the course

of carrying out their functions;

"inland waterway vessel" means a vessel intended for use on

inland waterways having a length of 20 metres or more and having a

volume of 100 m 3 or more according to the formula defined in

Schedule 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,

-

service craft belonging to supervisory authorities,

-

fire-service vessels,

-

naval vessels,

-

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 Schedule I, Section 2, point 2.8b;

"manufacturer" means the person or body who is responsible to

the approval authority for all aspects of the type-approval process and

for ensuring conformity of production. It is not essential that the

person or body is directly involved in all stages of the construction of

the engine;

"non-hand-held engine" means an engine which does not fall

under the definition of a hand-held engine;

"non-road mobile machinery" means any mobile machine,

transportable industrial equipment or vehicle with or without body

work, not intended for the use of passenger- or goods-transport on the

road, in which an internal combustion engine as specified in Schedule

I, section 1, is installed;

"original equipment manufacturer (OEM)"

means

a

manufacturer of a type of non-road mobile machine;

"parent engine" means an engine selected from an engine family

in such a way that it complies with the requirements set out in

sections 6 and 7 of Schedule I;

"placing on the market" means the action of making an engine

available for the first time on the market, for payment or free of

charge, with a view to distribution and, or use in the Community;

"professional use multipositional hand-held engine" means a

hand-held engine which meets the requirements of both paragraph (a)

and (b) of the definition of hand-held engine and in relation to which

the engine manufacturer has satisfied an approval authority that a

Category 3 Emissions Durability Period (according to section 2.1 of

Appendix 4 to Schedule IV) would be applicable to the engine;

"replacement engine" means a newly built engine to replace an

engine in a machine, and which has been supplied for this purpose

only;

"small volume engine family" means a spark-ignition (SI)

engine family with a total yearly production of fewer than 5 000

units;

"small volume engine manufacturer of SI engine" means a

manufacturer with a total yearly production of fewer than 25 000

units;

"technical service" means the organization(s) or body(ies) that

has(have) been appointed as a testing laboratory to carry out tests or

inspections on behalf of the approval authority of a Member State.

This function may also be carried out by the approval authority itself;

"type-approval" means the procedure whereby the Technical

Regulatory Division of the Malta Competition and Consumer Affairs

Authority, hereinafter referred to as the approval authority in Malta,

or its equivalent authority in another Member State certifies that an

internal combustion engine type or engine family with regard to the

level of emission of gaseous and particulate pollutants by the

engine(s), satisfies the relevant technical requirements of these

regulations.

(1) An application for engine or engine family type-

approval shall be submitted by the manufacturer to the Technical

Regulatory Division of the Malta Competition and Consumer Affairs

Authority. An application shall be accompanied by an information

folder, the contents of which are given in the information document in

Schedule II. An engine conforming to the engine type characteristics

described in Schedule II, Appendix 1, shall be submitted to the

technical service responsible for conducting the approval tests.

(2) In the case of an application for type-approval of an engine

family, if the approval authority determines that, with regard to the

selected parent engine, the submitted application does not fully

represent the engine family described in Schedule II, Appendix 2, an

alternative and, if necessary, an additional parent engine which is

determined by the approval authority shall be provided for approval

according to sub-regulation (1).

(3) No application in respect of one engine type or engine

family may be submitted to more than one Member State. A separate

application shall be submitted for each engine type or engine family

to be approved.

(1) When receiving an application, the Technical

Regulatory Division of the Malta Competition and Consumer Affairs

Authority shall 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.

(2) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority shall complete all

applicable sections of the type-approval certificate, the model being

given in Schedule VII, for each engine type or engine family which it

approves and shall compile or verify the contents of the index to the

information package. Type-approval certificates shall be numbered in

accordance with the method described in Schedule VIII. The

completed type-approval certificate and its attachments shall be

delivered to the applicant.

(3) Where the engine to be approved fulfils its function or

offers a specific feature only in conjunction with other parts of the

non-road mobile machinery, and for this reason compliance with one

or more requirements can be verified only when the engine to be

approved operates in conjunction with other machinery parts, whether

real or simulated, the scope of the type-approval of the engine(s) must

be restricted accordingly. The type-approval certificate for an engine

type or engine family shall then include any restrictions on its use and

shall indicate any conditions for fitting it.

(4) The Technical Regulatory Division of

the

Malta

Competition and Consumer Affairs Authority shall

(a)

send monthly to the approval authorities of the other

Member States a list (containing the particulars shown in

Schedule IX) of the engine and engine family type-approvals it

has granted, refused to grant or withdrawn during that month;

(b) on receiving a request from the approval authority of

another Member State, send forthwith

(i) a copy of the engine or engine family type-

approval certificate with/without information package for

each engine type or engine family which it has approved or

refused to approve or withdrawn, and, or

(ii) the list of engines produced according to

type-approvals granted, as described in regulation 7(3),

containing the particulars shown in Schedule X, and, or

(iii) a copy of the declaration described in

regulation 7(4).

(5) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority shall yearly, or in

addition on receiving a corresponding application, send the

Commission a copy of the data sheet as shown in Schedule XI related

to the engines approved since the last notification was made.

(6) Compression ignition engines for use other than in the

propulsion of railcars and inland waterway vessels may be placed on

the market under a flexibility scheme in accordance with the

procedure referred to in Schedule XIII in addition to sub-regulations

(1) to (5).

(1) When granting a type-approval, the Technical Amendments to

Regulatory Division of the Malta Competition and Consumer Affairs approvals.

Authority must take the necessary measures to ensure that it is

informed of any change in the particulars appearing in the

information package.

(2) The application for the amendment or extension of a type-

approval shall be submitted exclusively to the approval authority of

the Member State which granted the original type-approval.

(3) If particulars appearing in the information package have

changed, the Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall

(a) issue revised page(s) of the information package as

necessary, marking each revised page to show clearly the nature

of the change and the date of re-issue. Wherever revised pages

are issued, the index to the information package (which is

attached to the type-approval certificate) shall also be amended

to show the latest dates of revised pages, and

(b) 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 these regulations

have changed since the date currently on the approval. The

revised certificate shall show clearly the reason for revision and

the date of re-issue.

If the Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority finds that an amendment to an

information package warrants fresh tests or checks, it shall inform the

manufacturer thereof and issue the documents mentioned above only

after the conduct of successful fresh tests or checks.

(1) The manufacturer shall affix to each unit

manufactured in conformity with the approved type the markings as

defined in section 3 of Schedule I, including the type-approval

number.

(2) Where the type-approval certificate, in accordance with

regulation 5(3), includes restrictions on use, the manufacturer shall

deliver with each unit manufactured, detailed information on these

restrictions and shall indicate any conditions for fitting it. Where a

series of engine types is delivered to one single manufacturer of

machinery, it is sufficient that he will be provided with only one such

information document, at the latest on the delivery date of the first

engine, which additionally lists the relevant engine identification

numbers.

(3) The manufacturer shall send on demand to the approval

authority which granted the type-approval, within forty-five days

after the end of each calendar year, and without delay after each

application date when the requirements of thee regulations change,

and immediately following each additional date the authority may

stipulate, a list which contains the range of identification numbers for

each engine type produced in accordance with the requirements of

these regulations since the last reporting was made, or since the

requirements of these regulations were first applicable. Where not

clarified by the engine coding system, this list must specify

correlations of the identification numbers to the corresponding engine

types or engine families and to the type-approval numbers.

Additionally, this list must contain particular information if the

manufacturer ceases to produce an approved engine type or engine

family. Where this list is not required to be regularly sent to the

approval authority, the manufacturer must maintain these records for

a minimum period of twenty years.

(4) The manufacturer shall send to the approval authority

which granted the type-approval, within forty-five days after the end

of each calendar year and at each application date referred to in

regulation 11, a declaration specifying the engine types and engine

families together with the relevant engine identification codes for

those engines he intends to produce from this date on.

(5) Compression ignition engines placed on the market under a

flexible scheme shall be labelled in accordance with Schedule XIII.

The Technical Regulatory Division of the Malta Acceptance of

Competition and Consumer Affairs Authority shall accept type- equivalent

approvals.

approvals and, where applicable, the pertaining approval marks listed

in Schedule XII as being in conformity with these regulations.

(1) The following provisions shall apply to engines to Inland waterway

be installed in inland waterway vessels. Sub-regulation (2) shall not vessels.

apply until the equivalence between the requirements established by

these regulations 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) 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 these regulations, the Technical Regulatory Division

of the Malta Competition and Consumer Affairs Authority 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 Schedule XV.

(3) For the purposes of these regulations, 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.

(1) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority may not refuse the

placing on the market of engines, whether or not already installed in

machinery, which meet the requirements of these regulations.

(2) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority shall only permit

placing on the market of new engines, whether or not already

installed in machinery, which meet the requirements of these

regulations.

(3) 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 to any vessels whose engines do not meet the

requirements of these regulations.

(4) Upon granting a type-approval, the Technical Regulatory

Division of the Malta Competition and Consumer Affairs Authority

shall take the necessary measures in relation to that approval to

register and control, if need be in cooperation with the approval

authorities of the other Member States, the identification numbers of

those engines produced in conformity with the requirements of these

regulations.

(5) An additional control of the identification numbers may

take place in conjunction with the control of conformity of production

as described in regulation 14.

(6) With regard to the control of the identification numbers,

the manufacturer or his agents established in the Community shall

without delay give, on request, to the responsible approval authority

all the information needed related to his/their purchasers together

with the identification numbers of the engines reported as produced in

accordance with regulation 7(3). Where engines are sold to a

manufacturer of machinery, further information is not required.

(7) If, at the request of the approval authority, the

manufacturer is not able to verify the requirements as specified in

regulation 7 particularly in conjunction with sub-regulation (5) of this

regulation, the approval granted in respect of the corresponding

engine type or family pursuant to these regulations may be

withdrawn. The information procedure shall then be carried out as

described in regulation 15.

The timetable for the grant of type-approvals for Timetable

compression

compression ignition engines shall be the following

ignition engines.

(1) After 30 June 1998, the Technical Regulatory Division of Grant of type-

the Malta Competition and Consumer Affairs Authority may not approvals.

refuse to grant type-approval for an engine type or engine family or to

issue the document as described in Schedule VII, and may not impose

any other type-approval requirements with regard to air-polluting

emissions for non-road mobile machinery in which an engine is

installed, if the engine meets the requirements specified in these

regulations as regards the emissions of gaseous and particulate

pollutants.

(2) Engine categories A/B/C

Type-approvals

Stage I.

The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall refuse to grant type-approval

for an engine type or engine family and to issue the document as

described in Schedule VII, and shall refuse to grant any other type-

approval for non-road mobile machinery in which an engine is

installed

after 30 June 1998 for engines of a power output

-

A: 130 kW ≤ P ≤ 560 kW,

-

B: 75 kW ≤ P < 130 kW,

-

C: 37 kW ≤ P < 75 kW,

if the engine fails to meet the requirements specified in these

regulations and where the emissions of gaseous and particulate

pollutants from the engine do not comply with the limit values as set

out in the table in section 4.1.2.1 of Schedule I.

(3) Engine categories: D, E, F, G

Type-approvals

Stage II.

The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall refuse to grant type-approval

for an engine type or engine family and to issue the document as

described in Schedule VII and shall refuse to grant any other type-

approval for non-road mobile machinery, in which an engine, not

already placed on the market, is installed

-

D: after 31 December 1999 for engines of a power

output: 18 kW ≤ P < 37 kW,

-

E: after 31 December 2000 for engines of a power

output: 130 kW ≤ P ≤ 560 kW,

-

F: after 31 December 2001 for engines of a power

output: 75 kW ≤ P < 130 kW,

-

G: after 31 December 2002 for engines of a power

output: 37 kW ≤ P < 75 kW,

if the engine fails to meet the requirements specified in these

regulations and where the emissions of gaseous and particulate

pollutants from the engine do not comply with the limit values as set

out in the table in section 4.1.2.3 of Schedule I.

(3a) Engine categories H, I, J and K

The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall refuse to grant type-approval

for the following engine types or families and to issue the document

as described in Schedule VII, and shall refuse to grant any other type-

approval for non- road mobile machinery in which an engine, not

already placed on the market, is installed

-

H: after 30 June 2005 for engines - other than

constant speed engines - of a power output: 130 kW ≤ P ≤ 560

kW,

-

I: after 31 December 2005 for engines - other than

constant speed engines - of a power output: 75 kW ≤ P < 130

kW,

-

J: after 31 December 2006 for engines - other than

constant speed engines - of a power output: 37 kW ≤ P < 75 kW,

-

K: after 31 December 2005 for engines - other than

constant speed engines - of a power output: 19 kW ≤ P < 37 kW,

where the engine fails to meet the requirements specified in these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values as set

out in the table in section 4.1.2.4 of Schedule I.

(3b) Engine categories H, I, J and K

The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall refuse to grant type-approval

for the following engine types or families and to issue the document

as described in Schedule VII, and shall refuse to grant any other type-

approval for non- road mobile machinery in which an engine, not

already placed on the market, is installed

-

Constant speed H engines: after 31 December 2009

for engines of a power output: 130 kW ≤ P < 560 kW,

-

Constant speed I engines: after 31 December 2009

for engines of a power output: 75 kW ≤ P < 130 kW,

-

Constant speed J engines: after 31 December 2010

for engines of a power output: 37 kW ≤ P < 75 kW,

-

Constant speed K engines: after 31 December 2009

for engines of a power output: 19 kW ≤ P < 37 kW,

where the engine fails to meet the requirements specified in these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values set out

in the table in Section 4.1.2.4 of Schedule I.

(3c) Engine categories L, M, N and P

Type-approval

of Stage III B

engines.

The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall refuse to grant type-approval

for the following engine types or families and to issue the document

as described in Schedule VII, and shall refuse to grant any other type-

approval for non- road mobile machinery in which an engine, not

already placed on the market, is installed

-

L: after 31 December 2009 for engines - other than

constant speed engines - of a power output: 130 kW ≤ P ≤ 560

kW,

-

M: after 31 December 2010 for engines - other than

constant speed engines - of a power output: 75 kW ≤ P < 130

kW,

-

N: after 31 December 2010 for engines - other than

constant speed engines - of a power output: 56 kW ≤ P < 75 kW,

-

P: after 31 December 2011 for engines - other than

constant speed engines - of a power output: 37 kW ≤ P < 56 kW,

where the engine fails to meet the requirements specified in these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values set out

in the table in Section 4.1.2.5 of Schedule I.

(3d) Engine categories Q and R

The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall refuse to grant type-approval

for the following engine types or families and to issue the document

as described in Schedule VII, and shall refuse to grant any other type-

approval for non- road mobile machinery in which an engine, not

already placed on the market, is installed

-

Q: after 31 December 2012 for engines - other than

constant speed engines - of a power output: 130 kW ≤ P ≤ 560

kW,

-

R: after 30 September 2013 for engines - other than

constant speed engines - of a power output: 56 kW ≤ P < 130

kW,

where the engine fails to meet the requirements specified in these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values set out

in the table in Section 4.1.2.6 of Schedule I.

(3e) Engine categories V

The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall refuse to grant type-approval

for the following engine types or families and to issue the document

as described in Schedule VII

-

V1:1: after 31 December 2005 for engines of power

output at or above 37 kW and swept volume below 0,9 litres per

cylinder,

-

V1:2: after 30 June 2005 for engines with swept

volume at or above 0,9 but below 1,2 litres per cylinder,

-

V1:3: after 30 June 2005 for engines with swept

volume at or above 1,2 but below 2,5 litres per cylinder and an

engine power output of: 37 kW ≤ P < 75 kW,

-

V1:4: after 31 December 2006 for engines with

swept volume at or above 2,5 but below 5 litres per cylinder,

-

V2: after 31 December 2007 for engines with swept

volume at or above 5 litres per cylinder,

where the engine fails to meet the requirements specified in this these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values as set

out in the table in section 4.1.2.4 of Schedule I.

(3f) The Technical Regulatory Division of the Malta Type-approval

Competition and Consumer Affairs Authority shall refuse to grant of

propulsion

type-approval for the following engine types or families and to issue engines

railcars.

the document as described in Schedule VII

-

RC A: after 30 June 2005 for engines of power

output above 130 kW

where the engine fails to meet the requirements specified in these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values as set

out in the table in section 4.1.2.4 of Schedule I.

(3g) The Technical Regulatory Division of the Malta Type-approval

Competition and Consumer Affairs Authority shall refuse to grant of

propulsion

type-approval for the following engine types or families and to issue engines

railcars.

the document as described in Schedule VII

-

RC B: after 31 December 2010 for engines of power

output above 130 kW

where the engine fails to meet the requirements specified in these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values as set

out in the table in section 4.1.2.5 of Schedule I.

(3h) The Technical Regulatory Division of the Malta Type-approval

Competition and Consumer Affairs Authority shall refuse to grant of

propulsion

type-approval for the following engine types or families and to issue engines

locomotives.

the document as described in Schedule VII

-

RL A: after 31 December 2005 for engines of power

output: 130 kW ≤ P ≤ 560 kW

-

RH A: after 31 December 2007 for engines of power

output: 560 kW < P

where the engine fails to meet the requirements specified in these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values as set

out in the table in section 4.1.2.4 of Schedule I. The provisions of this

paragraph shall not apply to the engine types and families referred to

where a contract has been entered into to purchase the engine before

20 May 2004 and provided that the engine is placed on the market no

later than two years after the applicable date for the relevant category

of locomotives.

(3i) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority shall refuse to grant

type-approval for the following engine types or families and to issue

the document as described in Schedule VII

-

R B: after 31 December 2010 for engines of power

output above 130 kW

where the engine fails to meet the requirements specified in these

regulations and where the emissions of particulate and gaseous

pollutants from the engine do not comply with the limit values as set

out in the table in section 4.1.2.5 of Schedule I. The provisions of this

paragraph shall not apply to the engine types and families referred to

where a contract has been entered into to purchase the engine before

20 May 2004 and provided that the engine is placed on the market no

later than two years after the applicable date for the relevant category

of locomotives.

(4) After the dates referred to hereafter, with the exception of

machinery and engines intended for export to third countries, the

Technical Regulatory Division of the Malta Competition and

Consumer Affairs Authority shall permit the placing on the market of

engines, whether or not already installed in machinery, only if they

meet the requirements of these regulations, and only if the engine is

approved in compliance with one of the categories as defined in sub-

regulations (2) and (3).

Stage I

-

category A: 31 December 1998

-

category B: 31 December 1998

-

category C: 31 March 1999

Stage II

-

category D: 31 December 2000

-

category E: 31 December 2001

-

category F: 31 December 2002

-

category G: 31 December 2003

Nevertheless, for each category, the Technical Regulatory

Division of the Malta Competition and Consumer Affairs Authority

may postpone each date mentioned in the above requirement for two

years in respect of engines with a production date prior to the said

date.

The permission granted for stage I-engines shall be terminated

with effect from the mandatory implementation of stage II.

(4a) Without prejudice to regulation 9 and to sub-regulations

(3g) and (3h) of this regulation, after the dates referred to hereafter,

with the exception of machinery and engines intended for export to

third countries, the Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority shall permit the placing

on the market of engines, whether or not already installed in

machinery, only if they meet the requirements of these regulations,

and only if the engine is approved in compliance with one of the

categories as defined in sub-regulations (2) and (3).

Stage III A other than constant speed engines

-

category H: 31 December 2005

-

category I: 31 December 2006

-

category J: 31 December 2007

-

category K: 31 December 2006

Stage III A inland waterway vessel engines

-

category V1:1: 31 December 2006

-

category V1:2: 31 December 2006

-

category V1:3: 31 December 2006

-

category V1:4: 31 December 2008

-

categories V2: 31 December 2008.

Stage III A constant speed engines

-

category H: 31 December 2010

-

category I: 31 December 2010

-

category J: 31 December 2011

-

category K: 31 December 2010

Stage III A railcar engines

-

category RC A: 31 December 2005

Stage III A locomotive engines

-

category RL A:31 December 2006

-

category RH A:31 December 2008

Stage III B other than constant speed engines

-

category L: 31 December 2010

-

category M: 31 December 2011

-

category N: 31 December 2011

-

category P: 31 December 2012

Stage III B railcar engines

-

category RC B: 31 December 2011

Stage III B locomotive engines

-

category R B: 31 December 2011

Stage IV other than constant speed engines

-

category Q: 31 December 2013

-

category R: 30 September 2014

For each category, the above requirements shall be postponed by

two years in respect of engines with a production date prior to the said

date.

The permission granted for one stage of emission limit values

shall be terminated with effect from the mandatory implementation of

the next stage of limit values.

(4b) For engine types or engine families meeting the limit

values set out in the table in section 4.1.2.4, 4.1.2.5 and 4.1.2.6 of

Schedule I before the dates laid down in sub-regulation (4), the

Technical Regulatory Division of the Malta Competition and

Consumer Affairs Authority shall allow special labelling and marking

to show that the equipment concerned meets the required limit values

before the dates laid down.

(1)

Dividing into classes

Timetable

Spark ignition

engines.

For the purpose of these regulations, spark-ignition engines

shall be divided into the following classes

-

Main class S: small engines with a net power ≤ 19 kW

The main class S shall be divided into two categories

-

H: engines for hand-held machinery

-

N: engines for non-hand-held machinery

Class/category

Displacement

(cubic cm)

Hand-held engines

< 20

Class SH:1

Class SH:2

≥ 20

< 50

Class SH:3

≥ 50

Non-hand-held engines Class SN:1 < 66

Class SN:2

≥ 66

< 100

Class SN:3

≥ 100

< 225

Class SN:4

≥ 225

(2) After 11 August 2004, the Technical Regulatory Division Grant of type

of the Malta Competition and Consumer Affairs Authority may not approvals.

refuse to grant type-approval for an SI engine type or engine family

or to issue the document as described in Schedule VII, and may not

impose any other type-approval requirements with regard to air-

polluting emissions for non-road mobile machinery in which an

engine is installed, if the engine meets the requirements specified in

these regulations as regards the emissions of gaseous pollutants.

(3) The Technical Regulatory Division of the Malta Type-approvals

Competition and Consumer Affairs Authority shall refuse to grant Stage 1.

type-approval for an engine type or engine family and to issue the

documents as described in Schedule VII, and shall refuse to grant any

other type-approval for non-road mobile machinery in which an

engine is installed after 11 August 2004 if the engine fails to meet the

requirements specified in these regulations and where the emissions

of gaseous pollutants from the engine do not comply with the limit

values as set out in the table in section 4.2.2.1 of Schedule I.

(4) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority shall refuse to grant

type-approval for an engine type or engine family and to issue the

documents as described in Schedule VII, and shall refuse to grant any

other type-approval for non-road mobile machinery in which an

engine is installed

-

after 1 August 2004 for engine classes SN:1 and SN:2

-

after 1 August 2006 for engine class SN:4

-

after 1 August 2007 for engine classes SH:1, SH:2 and

SN:3

-

after 1 August 2008 for engine class SH:3,

if the engine fails to meet the requirements specified in these

regulations and where the emissions of gaseous pollutants from the

engine do not comply with the limit values as set out in the table in

section 4.2.2.2 of Schedule I.

(5) Six months after the dates for the relevant category of

engine in paragraphs 3 and 4, with the exception of machinery and

engines intended for export to third countries, the Technical

Regulatory Division of the Malta Competition and Consumer Affairs

Authority shall permit placing on the market of engines, whether or

not already installed in machinery, only if they meet the requirements

of these regulations.

(6) For engine types or engine families meeting the limit

values set out in the table in section 4.2.2.2 of Schedule I, before the

dates laid down in point 4 of this regulation, the Technical Regulatory

Division of the Malta Competition and Consumer Affairs Authority

shall allow special labelling and marking to show that the equipment

concerned meets the required limit values before the dates laid down.

(7) The following machinery shall be exempted from the

implementation dates of stage II emission limit requirements for a

period of three years after the entry into force of those emission limit

requirements. For those three years, the stage I emission limit

requirements shall continue to apply

-

hand-held chainsaw: a hand-held device designed to

cut wood with a saw chain, designed to be supported with two

hands and having an engine capacity in excess of 45 cm 3 ,

according to EN ISO 11681-1,

-

top handle machine (i.e., hand-held drills and tree

service chainsaws): a hand-held device with the handle on top

of the machine designed to drill holes or to cut wood with a saw

chain (according to ISO 11681-2),

-

hand-held brush cutter with an internal combustion

engine: a hand- held device with a rotating blade made of metal

or plastic intended to cut weeds, brush, small trees and similar

vegetation. It must be designed according to EN ISO 11806 to

operate multi-positionally, such as horizontally or upside down,

and have an engine capacity in excess of 40 cm 3 ,

-

hand-held hedge trimmer: a hand-held device

designed for trimming hedges and bushes by means of one or

more reciprocating cutter blades, according to EN 774,

-

hand-held power cutter with an internal combustion

engine: a hand- held device intended for cutting hard materials

such as stone, asphalt, concrete or steel by means of a rotating

metal blade with a displacement in excess of 50 cm 3 , according

to EN 1454, and

-

non-hand-held, horizontal shaft class SN:3 engine

only those class SN:3 non-hand-held engines with a horizontal

shaft that produce power equal to or less than 2,5 kW and are

used mainly for select, industrial purposes, including tillers, reel

cutters, lawn aerators and generators.

Notwithstanding the first subparagraph, an extension of the

derogation period is granted until 31 July 2013, within the category of

top handle machines, for professional use, multi-positional, hand-held

hedge trimmers and top handle tree service chainsaws in which

engines of classes SH:2 and SH:3 are installed.

(8) Nevertheless, for each category, the Technical Regulatory Optional

Division of the Malta Competition and Consumer Affairs Authority implementation

delay.

may postpone the dates in sub-regulations (3), (4) and (5) for two

years in respect of engines with a production date prior to those dates.

(1) The requirements of regulation 10(1) and (2), Exemptions and

alternative

regulation 11(4) and regulation 12(5) shall not apply to

procedures.

-

engines for use by the armed services,

-

engines exempted

in

accordance

with

sub-

regulations (1a) and (2),

-

engines for use in machines intended primarily for

the launch and recovery of lifeboats,

-

engines for use in machines intended primarily for

the launch and recovery of beach launched vessels.

(1a) Without prejudice to regulation (9) and to regulation

11(3g) and (3h), replacement engines, except for railcar, locomotive

and inland waterway vessel propulsion engines, shall comply with the

limit values that the engine to be replaced had to meet when

originally placed on the market.

(1b) By way of derogation from regulation 11(3g), (3i) and

(4a), the Technical Regulatory Division of the Malta Competition and

Consumer Affairs Authority may authorise the placing on the market

of the following engines for railcars and locomotives

(a)

replacement engines that meet the Stage III A limits,

where they are to replace engines for railcars and locomotives

that

(i)

do not meet the Stage III A standard; or

(ii) meet the Stage III A standard but do not meet

the Stage III B standard;

(b) replacement engines that do not meet Stage III A

limits, where they are to replace engines for railcars without

driving control and not capable of independent movement, so

long as such replacement engines meet a standard no lower than

the standard met by engines fitted to existing railcars of the

same type.

Authorisations under this sub-regulation may be granted only in

cases where the Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority is satisfied that the use

of a replacement engine that meets the requirements of the latest

applicable emissions stage in the railcar or locomotive in question

will involve significant technical difficulties.

(1c) A label bearing the text ‘REPLACEMENT ENGINE’ and

bearing the unique reference of the associated derogation shall be

affixed to engines covered by sub-regulation (1a) or (1b).

(2) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority may, at the request of

the manufacturer, exempt end-of-series engines which are still in

stock, or stocks of non-road mobile machinery in respect of their

engines, from the time limit(s) for placing on the market set out in

regulation 11(4) in accordance with the following conditions

-

the manufacturer must submit an application to the

approval authorities of that Member State which approved the

corresponding engine type(s) or engine family(ies) before the

entry into force of the time limit(s),

-

the application of the manufacturer must include a

list as defined in regulation 7(3) of those new engines which are

not placed on the market within the time limit(s); in the case of

engines covered by these regulations for the first time, he must

submit his application to the type-approval authority of that

Member State where the engines are stored,

-

the request must specify the technical and/or

economic reasons on which it is based,

-

the engines must conform to a type or family for

which the type-approval is no longer valid, or which did not

need a type-approval before, but which have been produced

according to the time limit(s),

-

the engines must have been physically stored within

the Community within the time limit(s),

-

the maximum number of new engines of one or

more types placed on the market in each Member State by the

application of this exemption must not exceed 10% of the new

engines of all types concerned placed on the market in that

Member State during the previous year,

-

if the request is accepted by the Member State, the

latter must, within one month, send the approval authorities of

the other Member States particulars of, and reasons for, the

exemptions granted to the manufacturer,

-

the Member State granting exemptions according to

this regulation shall be responsible for ensuring that the

manufacturer complies with all corresponding obligations,

-

the approval authority shall release for each engine

in question a certificate of conformity on which a special entry

has been made. If applicable a consolidated document that

contains all engine identification numbers in question may be

used.

The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall each year send the Commission

a list of exemptions granted specifying the reasons.

This option shall be limited to a period of twelve months as

from the date on which the engines for the first time were subject to

the time limit(s) for placing on the market.

(3) The requirements of regulation 12(4) and (5) shall be

postponed by three years for small volume engine manufacturers.

(4) The requirements of regulation12(4) and (5) shall be

replaced by the corresponding Stage I requirements for a small

volume engine family to a maximum of 25 000 units providing that

the various engine families involved all have different cylinder

displacements.

(5) Engines may be placed on the market under a flexible

scheme in accordance with the provisions in Schedule XIII.

(6) Sub-regulation (2) shall not apply to propulsion engines to

be installed in inland waterway vessels.

(7) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority shall permit the placing

on the market of engines, as defined in points A(i), A(ii) and A(v) of

Section 1 of Schedule I, under the flexibility scheme in accordance

with the provisions set out in Schedule XIII.

(1) When the Technical Regulatory Division of the

Malta Competition and Consumer Affairs Authority grants a type-

approval, it shall take the necessary measures to verify, with regard to

the specifications laid down in section 5 of Schedule I, if need be in

cooperation with the approval authorities of the other Member States,

that adequate arrangements have been made to ensure effective

control of the conformity of production before it grants type-

approval.

(2) The Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority, when granting a type-

approval, it shall take the necessary measures to verify, with regard to

the specifications laid down in section 5 of Schedule I, if need be in

cooperation with the approval authorities of the other Member States,

that the arrangements referred to in paragraph 1 continue to be

adequate and that each production engine bearing a type-approval

number pursuant to these regulations continues to conform to the

description as given in the approval certificate and its Schedules for

the approved engine type or family.

(1) There shall be failure to conform to the approved Non-conformity

type or family where deviations from the particulars in the type- with

approved type

approval certificate and/or the information package are found to exist or family.

and where these deviations have not been authorized, pursuant to

regulation 6(3), by the Member State which granted the type-

approval.

(2) If the Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority has granted a type-

approval and finds that engines accompanied by a certificate of

conformity or bearing an approval mark do not conform to the type or

family it has approved, it shall take the necessary measures to ensure

that the engines in production again conform to the approved type or

family. The Technical Regulatory Division of the Malta Competition

and Consumer Affairs Authority shall advise the approval authorities

of the other Member States of the measures taken which may, where

necessary, extend to withdrawal of type-approval.

(3) If the Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority demonstrates that

engines bearing a type-approval number do not conform to the

approved type or family it may request the Member State which

granted the type-approval to verify that engines in production

conform to the approved type or family. Such action shall be taken

within six months of the date of the request.

(4) The approval authorities of the Member States shall inform

each other within one month of any withdrawal of type-approval and

of the reasons for such measure.

(5) If the Technical Regulatory Division of the Malta

Competition and Consumer Affairs Authority granted a type-approval

and disputes the failure to conform notified to it, the Technical

Regulatory Division of the Malta Competition and Consumer Affairs

Authority shall endeavour to settle the dispute. The Commission shall

be kept informed and shall, where necessary, hold appropriate

consultations for the purpose of reaching a settlement.

(1) Violations of these regulations or provisions and Infringements

decisions issued in pursuance thereof shall be construed as and penalties.

infringements pursuant to the provisions of the Product Safety Act.

(2) The penalties applicable shall be those provided for in Part

IV of the Product Safety Act.

€1.17