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 (1)

30.4.2004 Official Journal of the European Union L 146/1EN 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.

1

OJ C 2

OJ C 220, 16.9.2003, p. 16.

3

Opinion of the European Parliament of 21 October 2003 (not yet published in the Official Journal). Council Decision of 30 March 2004 (not yet published in the Official Journal).

4

OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive 2002/88/EC (OJ L 35, 11.2.2003, p. 28).

L 146/2 Official Journal of the European Union 30.4.2004EN (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.

(15) Directive 97/68/EC should therefore be amended accordingly,

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 a...

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