S.I. No. 417/2013 - European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) (Amendment) Regulations 2013.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th November, 2013.

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 2012/46/EU2 of the European Parliament and of the Council of 6 December 2012, 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 2013.

(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 ), the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) (Amendment) Regulations 2012 ( S.I. No. 407 of 2012 ) 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 2013 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.

Amendment to Regulation 2 of the Principal Regulations

3. Regulation 2(1) of the Principal Regulations is amended by substituting for the definition of “the Directive” the following:

“ ‘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 , Directive 2010/26/EU8 , Directive 2011/88/EU9 and Directive 2012/46/EU2; ”

/images/ls

GIVEN under my Official Seal,

30 October 2013.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations transpose the provisions of Directive 2012/46/EU, which amends Directive 1997/68/EC relating to the measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery.

Directive 2012/46/EU updates Directive 97/68/EC by amending Annexes I, II, III, VI and VII and replacing Annexes XI and XII in accordance with the opinion of the Technical Committee of Motor Vehicles competent under Article 15 of Directive 97/68/EC.

1 OJ L 59, 27.2.1998, p. 1

2 OJ L 353, 21.12.2012, p.1

3 OJ L 227, 23.08.2001, p41

4 OJ L 35, 11.02.2003, p.28

5 OJ L 225, 25.06.2004, p.1

6 OJ L 363, 20.12.2006, p. 369

7 OJ L 188, 18.07.2009, p.14

8 OJ L 86, 1.4.2010, p.29

9 OJ L 305, 23.11.2011, p.1