SWISS

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Definitions of
non-road mobile
machinery

The emission regulations for non-road mobile machinery in Switzerland are based on the Ordinance on Air Pollution Control (OAPC) issued by the Swiss Federal Council in 1985 (Ordinance of 16 December 1985 on Air Pollution Control (OAPC), 2020) where it is stated in its annex 4, section 4, that internal combustion engines of machinery and equipment must comply with the requirements set out in Regulation (EU) No. 2016/1628 (2016) which defines:

  • Non-road mobile machinery: any mobile machine, portable equipment or vehicle with or without bodywork or wheels, not intended for the transport of passengers or goods on roads, and includes machinery installed on the chassis of vehicles intended for the transport of passengers or goods on roads.
  • Mobile crane: a self-powered jib crane capable of travelling on-road or off-road or both, and relying on gravity for stability and operating on tires, crawlers or with other mobile arrangements.
  • Generating set: an independent non-road mobile machine that is not part of a power train, primarily intended to produce electric power.
  • All-terrain vehicle (ATV): a motorized vehicle, propelled by an engine, intended primarily to travel on unpaved surfaces on four or more wheels with low-pressure tires, having a seat designed to be straddled by the driver only, or a seat designed to be straddled by the driver and a seat for no more than one passenger, and handlebars for steering.
  • Side-by-side (SbS) vehicle: a self-propelled, operator-controlled, non-articulated vehicle intended primarily to travel on unpaved surfaces on four or more wheels, having a minimum unladen mass, in running order, of 300 kg (including standard equipment, coolant, lubricants, fuel and tools but excluding optional accessories and the driver) and a maximum design speed of 25 km/h or more; such a vehicle is also designed to transport persons and/or goods, and/or to pull and push equipment, is steered by a control other than a handlebar, is designed for recreational or utility purposes and carries no more than six people including the driver, sitting side by side on one or more non-straddle seats.
  • Railway vehicle: a non-road mobile machinery that operates exclusively on railway track.
  • Auxiliary railway vehicle: a railway vehicle that is not a railcar or locomotive, including but not limited to a railway vehicle specifically designed to perform maintenance or construction work or lifting operations associated with the track or other infrastructure of the railway.
  • Locomotive: a railway vehicle designed to provide, either directly through its own wheels or indirectly through the wheels of other railway vehicles, the motive power for propelling itself and for propelling other railway vehicles that are designed to carry freight, passengers and other equipment, itself being designed or intended not to carry freight or passengers, other than those operating it.
  • Railcar: a railway vehicle designed to provide, either directly through its own wheels or indirectly through the wheels of other railway vehicles, the motive power for propelling itself, and is specifically designed to carry goods or passengers, or both goods and passengers, and is not a locomotive.
  • Snowmobile: a self-propelled machine that is intended for off-road travel primarily on snow, is driven by tracks in contact with snow and steered by a ski or skis in contact with the snow, and has a maximum unladen mass, in running order, of 454 kg (including standard equipment, coolant, lubricants, fuel and tools but excluding optional accessories and the driver).
  • Snow thrower: a self-powered machine that is exclusively designed for clearing snow from a paved surface by collecting a quantity of snow and projecting it forcefully through a chute.
  • Tractor: Motorised, wheeled or tracked agricultural or forestry vehicle having at least two axles and a maximum design speed of not less than 6 km/h, the main function of which lies in its tractive power and which has been especially designed to pull, push, carry and actuate certain interchangeable equipment designed to perform agricultural or forestry work, or to tow agricultural or forestry trailers or equipment; it may be adapted to carry a load in the context of agricultural or forestry work and/or may be equipped with one or more passenger seats’.

In addition to the above, the categorisation of engines according to the mobile source for which they are intended is important to understand the definition and distinction of non-road mobile machinery from other types of mobile sources. This categorisation is found in Article 4 of the aforementioned regulation:

  • Category NRE (Non-Road Engines):
    • engines for non-road mobile machinery intended and suited to move, or to be moved, by road or otherwise, that are not excluded under Article 2(2) and are not included in any other category set out in points 2 to 10 of Article 4; and
    • engines having a reference power of less than 560 kW used in the place of Stage V engines of categories IWP, IWA, RLL or RLR.

TABLE 1

Subcategories for NRE engines.

Fuente: European Parliament and Council (2016).

Category NRG (non-road generators): engines having a reference power that is greater than 560 kW, exclusively for use in generating sets; engines for generating sets other than those having those characteristics are included in the categories NRE or NRS, according to their characteristics.

TABLE 2

Subcategories for NRG engines.

Source: European Parliament and Council (2016).

Category NRSh (non-road SI handheld engines): handheld SI engines having a reference power that is less than 19 kW, exclusively for use in handheld machinery.

Tabla 3

Subcategories for NRSh engines.

Source: European Parliament and Council (2016).

Category NRS (non-road spark ignition engines): SI engines having a reference power that is less than 56 kW and not included in the category NRSh.

TABLE 4

Subcategories for NRS engines

For engines < 19 kW with swept volume < 80 cm3 in machinery other than handheld machinery, engines of the category NRSh shall be used.

Source: European Parliament and Council (2016).

Additionally, Regulation (EU) 1628 of 2016 defines other categories of non-road engines such as IWP and IWA (inland waterway vessels and auxiliary engines), RLL (locomotive engines), RLR (railcars) and SMB (snowmobile engines) which are not presented in this document given their scope; however, in case you want to know the classifications for these categories, see European Parliament and Council (2016).

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Main regulatory
instruments for NRMM
emissions reduction

In Switzerland, the Ordinance on Air Pollution Control (OAPC), issued by the Swiss Federal Council in 1985 (Ordinance of 16 December 1985 on Air Pollution Control (OAPC), 2020) states in its annex 4, section 4, that internal combustion engines of machines and equipment must comply with the requirements set out in Regulation (EU) No. 2016/1628 (2016), i.e. European Union regulations apply.

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Emission standards
for air pollutants

The Swiss OAPC Ordinance adopts the EU regulation. The following table shows the current emission standards.

TABLE 5

Stage V emission standards by engine category

Where an “A” factor is defined, the HC emission limits for fully and partially gaseous fueled engines will be calculated with the following formula: HC = 0.19 + (1.5 × A × GER), where the GER is the average gas energy ratio over the appropriate cycle. The average GER is determined by the hot-start transient test cycle in both the non-road steady cycle (NRSC) and the transient cycle (NRTC). If the calculated HC limits exceed the value of 0.19 + A, the limits should be set to 0.19 + A.

¥Alternatively, any combination of values satisfying the equation (HC+NOx)CO0.784 ≤ 8.57, as well as the following conditions: CO≤20.6g/kWh and (HC+NOx)≤2.7g/kWh.

Source: (ICCT, 2016).

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Import requirements
and type-approval
processes

4.1. Import requirements

According to the Swiss Air Pollution Control Ordinance (OAPC) (2020) in its Article 19b, paragraph b: the proof of conformity comprises a declaration by the manufacturer or importer that the construction machines or particle filter systems to be placed on the market conform to the tested types (declaration of conformity), including the following details:

  1. Name and address of the manufacturer or importer;
  2. Designation of the type of construction machine, engine and particulate reduction system;
  3. Year of manufacture and serial numbers of the construction machine, engine and particle filter system;
  4. Name and address of the conformity assessment body and number of the certificate of conformity;
  5. Name and position of the person signing the declaration of conformity for the manufacturer or the importer; and
  6. The precise location of the markings on the construction machine and markings as specified in Annex 4, paragraph 33 of the 1985 OAPC.

The conformity assessment bodies shall send certificates of conformity, together with the relevant test reports, to the Federal Office for the Environment (FOEN). The FOEN shall publish lists of compliant particle filter system and engine types. The manufacturer or importer shall retain the declaration of conformity for ten years after placing the construction machine or particle filter system on the market (Ordinance of 16 december 1985 on air pollution control (OAPC), 2020).

4.2. Acceptance of equivalent engine type-approvals

Regulation (EU) 2016/1628 (2016) in its Article 42, states:

  1. The Union may, in the framework of multilateral or bilateral agreements between the Union and third countries, acknowledge the equivalence between the conditions and provisions for EU type-approval of engines established by this Regulation and the procedures established by international regulations or regulations of third countries;
  2. Type-approvals granted and statutory markings that are in conformity with UNECE regulations, or amendments thereto, which the Union has voted in favour of or to which the Union has acceded as set out in the delegated act referred to in point (a) of paragraph 4, shall be recognised as being equivalent to the EU type-approvals granted and statutory marking required in accordance with this Regulation;
  3. EU type-approvals granted on the basis of Union acts as listed in the delegated act referred to in point (b) of paragraph 4 shall be recognised as being equivalent to the EU type-approvals granted in accordance with this Regulation; and
  4. The Commission is empowered to adopt delegated acts in accordance with Article 55 supplementing this Regulation by setting out:
    • the list of UNECE regulations, or amendments thereto, including any requirements set out therein which relate to their application, which the Union has voted in favour of or to which the Union has acceded, and which are to apply to EU type-approval of engine types and engine families to be installed in non-road mobile machinery; and
    • the list of Union acts pursuant to which EU type-approvals are granted, including any requirements set out therein which relate to their application. Those delegated acts shall be adopted by 31 December 2016.

Regulation (EU) 2016/1628 (2016) in its Article 3, states:

Technical service: an organisation or body designated by the approval authority as a testing laboratory, or as a conformity assessment body to carry out initial assessment and other tests or inspections, on behalf of the approval authority, or of the authority itself when carryng out those functions.

In order to ensure that the conformity of production control procedure, which is one of the cornerstones of the EU type-approval system, has been implemented and is functioning properly, manufacturers should be assessed regularly by the designated competent authority or by an appropriately qualified technical service designated for that purpose.

4.3. Tests required for EU type-approvals

Regulation (EU) 2016/1628 (2016) in Article 24 sets out the obligations that manufacturers must comply with in terms of environmental requirements for the type-approval of engines to be installed in mobile machinery:

  1. Compliance with the technical prescriptions laid down in the Regulation in question shall be demonstrated by means of appropriate tests performed by designated technical services
  2. The manufacturer shall make available to the approval authority as many engines as are required under the relevant delegated acts for the performance of the required tests.
  3. The required tests shall be conducted on engines that are representative of the engine type or, where applicable, of the parent engine of the engine family to be approved. However, the manufacturer may, in agreement with the approval authority, select an engine which, although not representative of the engine type or, where applicable, of the parent engine of the engine family to be approved, combines a number of the most unfavourable features with regard to the required level of performance.
  4. For the purposes of conducting the EU type-approval tests, the applicable test cycles are those set out in Annex IV. The test cycles applicable to each engine type included in the EU type-approval shall be indicated in the information document.
  5. An engine that is representative of the engine type or, where applicable, of the parent engine of the engine family, or an engine selected in accordance with the second subparagraph of paragraph 3, shall be tested on a dynamometer using the applicable non-road steady-state test cycle identified in Tables IV-1 to IV-10 of Annex IV. The manufacturer may choose whether to conduct that test using the discrete-mode or the ramped-modal test method. Except in the cases referred to in paragraphs 7 and 8, a variable-speed engine of a particular category used in a constant-speed operation of the same category need not be tested using the applicable constant-speed steady-state test cycle.
  6. In the case of a constant-speed engine with a governor that can be set to an alternative speed, the requirements of paragraph 5 shall be fulfilled at each applicable constant speed and the information document shall indicate the speeds that apply for each engine type.
  7. In the case of an engine of category IWP intended to be used for both variable-speed and constant-speed operation, the requirements of paragraph 5 shall be fulfilled for each applicable steady-state test cycle separately and the information document shall indicate each steady-state test cycle in respect of which those requirements were fulfilled.
  8. In the case of an engine of category IWP that is intended for use in the place of an engine of category IWA in accordance with Article 4(2), the requirements of paragraph 5 of this Article shall be fulfilled for each applicable steady-state test cycle set out in Tables IV-5 and IV-6 of Annex IV, and the information document shall indicate each steady-state test cycle in respect of which those requirements were fulfilled.
  9. Except for engines type-approved pursuant to Article 34(5) and (6), variable-speed engines of category NRE having a net power that is greater than or equal to 19 kW but not more than 560 kW shall, in addition to fulfilling the requirements of paragraph 5 of this Article, also be tested on a dynamometer using the transient test cycle identified in Table IV-11 of Annex IV.
  10. Engines of sub-categories NRS-v-2b and NRS-v-3 having a maximum speed of less than or equal to 3 400 rpm shall, in addition to fulfilling the requirements of paragraph 5, also be tested on a dynamometer using the transient test cycle identified in Table IV-12 of Annex IV.

4.4. Measurements and tests for EU type-approvals

Regulation (EU) 2016/1628 (2016) in Article 25 sets out the obligations to be fulfilled when measuring pollutant emissions during the tests required for type-approval:

  1. The final exhaust emission test results for engines subject to this Regulation shall be calculated by applying all of the following to the laboratory test results:
    • The emissions of crankcase gases, where required by Article 25(3) of said regulation and where not already included in the laboratory measurement;
    • Any necessary adjustment factor, where required by Article 25(3) and where the engine includes a regenerating exhaust after-treatment system.
    • In respect of all engines, deterioration factors appropriate to the emission durability periods specified in Annex V.
  2. The testing of an engine type or engine family to determine whether it meets the emission limits set out in this Regulation shall be carried out by using the reference fuels or fuel combinations described in European regulations. The engine type or engine family shall, in addition, meet the exhaust emission limits set out in this Regulation in respect of any other specified fuels, fuel mixtures or fuel emulsions included by a manufacturer in an application for EU type-approval.
  3. As regards the conduct of measurements and tests, the technical requirements shall be met in respect of:
    • Apparatus and procedures for the conduct of tests.
    • Apparatus and procedures for emission measurement and sampling.
    • Methods for data evaluation and calculations.
    • Methods for establashing deterioration factors.
    • In relation to engines in categories NRE, NRG, IWP, IWA, RLR, NRS, NRSh, SMB and ATS complying with the Stage V emission limits set out in Annex II:
      • Methods for taking account of crankcase gases.
      • Methods for determining and taking account of continuous or infrequent regeneration of exhaust aftertreatment systems.
    • In relation to electronically controlled engines of categories NRE, NRG, IWP, IWA, RLL and RLR complying with Stage V emission limits set out in Annex II and using electronic control to determine both the quantity and timing of injecting fuel or using electronic control to activate, de-activate or modulate the emission control system used to reduce NOx:
      • Emission control strategies, and shall include the documentation required to demonstrate those strategies.
      • NOx control measures, and shall include the method used to demonstrate those control measures.
      • The area associated with the relevant non-road steady-state test cycle, within which the amount by which the emissions are permitted to exceed the emission limits set out in Annex II is controlled.
      • The selection by the technical service of additional measurement points within the control area during the emission bench test.

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Labelling
processes

Regulatory marking of engines
Regulation 2017/656, in its first appendix of Annex III, specifies the content of the marking or “approval plates” which shall comply with the following characteristics:

  1. Registered trade name or registered trade mark of manufacturer;
  2. Engine type designation or engine family;
  3. Unique engine identification number;
  4. EU type-approval number;
  5. Engine production date;
  6. Markings in accordance with applicable legislation; and
  7. EC type-approval number.

In addition, the following guidelines from Article 32 of Regulation (EU) No. 2016/1628 should be taken into account (2016):
“(…)

  1. The manufacturer shall affix a marking on each engine manufactured in conformity with the approved type (hereinafter referred to as the ‘statutory marking’);
  2. In respect of the following engines, the statutory marking shall include supplementary information indicating that the engine is subject to the relevant exemption or transitional provision:
    • engines intended for export to third countries referred to in Article 34(1) that are manufactured either in the Union or outside the Union and subsequently installed in non-road mobile machinery in the Union;
    • engines placed on the market in accordance with Article 34(2), (5), (6) or (8);
    • engines temporarily placed on the market in accordance with Article 34(4);
    • transition engines placed on the market in accordance with Article 58(5);
    • replacement engines placed on the market in accordance with Article 34(7) and Article 58(10) or (11).
  3. The Commission may adopt implementing acts laying down the format for the statutory marking, including the mandatory essential information required when the engine leaves the production line, the mandatory essential information required before the engine is placed on the market and, where applicable, the supplementary information referred to in paragraph 2 of this Article. Those implementing acts shall be adopted, by 31 December 2016, in accordance with the examination procedure referred to in Article 56(2).

(…)”
According to Article 33 of the above-mentioned EU regulation, it may be the case that a temporary marking of engines may be implemented under the following characteristics:

“(…)

  • The manufacturer shall affix a temporary marking to each engine manufactured in conformity with the approved type and that is placed on the market on the basis of Article 34(3).
  • An engine that is not yet in conformity with the approved type and that is being delivered to the manufacturer of that engine shall only bear a temporary marking.
  • The Commission may adopt implementing acts laying down the template for the temporary markings referred to in paragraphs 1 and 2 of this Article, including the mandatory essential information that is to be indicated thereon. Those implementing acts shall be adopted, by 31 December 2016, in accordance with the examination procedure referred to in Article 56(2).

(…)”

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Regulation on machinery
useful life, repowering, overhaul and
scrapping practices

As regards the final disposal of vehicles for the European Union, Directive 2000/53/EC of the European Parliament and of the Council was issued, which aims to stipulate measures An engine that is not yet in conformity with the approved type and that is to be delivered to the manufacturer of said engine, must be provided with only a temporary marking. to prevent and limit waste from end-of-life vehicles (ELVs) and their components by ensuring that they are reused, recycled or recovered, and to improve the effectiveness of environmental protection for all economic operators involved in the life cycle of vehicles. This legislation applies to passenger cars and vans, but not to large trucks, vintage vehicles, special purpose vehicles and motorbikes (Summary of Directive 2000/53/EC on End-of-Life Vehicles, 2000) and is applicable to non-road mobile machinery.

In other legislation such as Directive 2012/19/EU on waste electrical and electronic equipment, paragraph 4(e) makes it explicit that the disposal measures laid down are not applicable to machinery (European Commission, 2012).

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Operational and road
circulation requirements

Operational requirements
According to the Swiss Air Pollution Control Ordinance (OAPC) (2020) in its Article 20b, the requirements for non-road mobile machinery are specified:

  1. Mobile machines and equipment with internal combustion engines that are not intended for use on the roads (machines and equipment with internal combustion engines) must satisfy the requirements specified in Annex 4, number 4.
  2. New machines and equipment with internal combustion engines may only be placed on the market if the conformity of the engines with the requirements specified in Annex 4, number 4 has been demonstrated (Article 20c).

In its Annex 4, Article 20c defines the requirement for proof of conformity, which consists of:

  • Type-approval granted by an EU Member State for an engine type or engine family in accordance with Regulation (EU) No 2016/162833.
  • Engine markings as specified in Article 32 of Regulation (EU) No 2016/1628.

Conformity may also be proven by means of a certificate issued by a conformity assessment body as specified in Article 18, to the effect that the type of machine or equipment with internal combustion engine meets the requirements of Annex 4, Number 4 (certificate of conformity). In this case, the engine must bear the trademark or trade name of the manufacturer of the engine and the name of the conformity assessment body (Ordinance of 16 December 1985 on Air Pollution Control (OAPC), 2020).

Annex 4 specifies for internal combustion machinery and equipment that:

  • Internal combustion engines in machinery and equipment must comply with the relevant requirements of Regulation (EU) 2016/1628.
  • The emission limit requirements specified in Annex 1 do not apply.

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Procedures for NRMM
control and inspection
in the operation stage

According to the Swiss Air Pollution Control Ordinance (OAPC) (2020) in its Article 20b, the requirements for non-road mobile machinery are specified. In terms of inspection it is stated that:

  1. The holder or operator of a construction machine must carry out exhaust emission maintenance or have such maintenance carried out at least every 24 months. It must retain the results of the exhaust emission maintenance for at least two years and present it to the authorities on request. The FOEN shall issue recommendations.
  2. Machines and equipment with internal combustion engines need not be inspected periodically in accordance with Article 13(3). The authority shall carry out random checks on the results of the exhaust emission maintenance. If there is any suspicion of excessive solid particle emissions, it may order further exhaust emission maintenance.

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Actors in import processes, manufacturing, registration, marketing, control and final practices of useful life of the MMNC

For the European Union, Switzerland and the United Kingdom, the stakeholders listed in the table below apply. In some cases where only one applies, it is explicitly mentioned. Further aspects of these processes are presented below.

TABLE 6

Stakeholders and roles – European Union, Switzerland and United Kingdom

Source: self made.

The EU regulation defines the stakeholders as follows.

Importación
Importer: any natural or legal person established in the Union who places on the market an engine from a third country, whether or not the engine is already installed in non-road mobile machinery. An importer that makes an engine available on the market under its name or trade mark, or that modifies such an engine in such a way that its compliance with the applicable requirements may be affected, shall be considered as a manufacturer for the purposes of Regulation (EU) 2016/1628 and shall, in particular, be subject to the obligations laid down in Articles 8 and 9 thereof. A list of the importer’s obligations is detailed in Articles 11 and 12 of Regulation (EU) 2016/1628.

Manufacturing and distribution
Manufacturer: the person or body who is responsible to the approval authority for all aspects of the type-approval or authorisation process of the EU engine type and for ensuring conformity of production of the engine, and who is also responsible for market surveillance issues of the engines produced, whether or not they are directly involved in all stages of the design and construction of the engine that is the subject of the EU type-approval process. A list of their obligations is detailed in Articles 8 and 9 of Regulation (EU) 2016/1628.

Manufacturer´s representative or ‘representative’: any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on its behalf in relation to specified tasks with regard to the manufacturer´s obligation under the relevant Union harmonisation legislation or under the requirements on the Regulation. A list of their duties is set out in Article 10 of Regulation (EU) 2016/1628.

Economic operator: means the manufacturer, the authorised representative, the importer or the distributor. Economic operators and OEMs shall, upon request, notify the following to the approval and market surveillance authorities for a period of five years after the date of placing on the market:

  • Any economic operator who has supplied them with an engine; and
  • Any economic operator or, where identifiable, any OEM to whom they have supplied an engine.

Original equipment manufacturer or “OEM”: any natural or legal person that manufactures NRMM. A list of their obligations is detailed in Articles 15 and 17 of Regulation (EU) 2016/1628.

National authority approval authority or any other authority involved in and responsible for the engines to be installed in the NRMM or for these vehicles in which the engines are installed, market surveillance, border control or placing on the market in a Member State of the European Union.

Approval authority: the authority of a Member State established, designated or notified by it to the European Commission and having competence for:

  • All aspects of EU type-approval of an engine type or engine family;
  • The authorisation process;
  • Issuing and, if appropriate, withdrawing or refusing of EU type-approval certificates;
  • Acting as the point of contact point for the approval authorities of other Member States;
  • Designating technical services; and
  • Ensuring that the manufacturer meets his obligations regarding conformity of production.

In compliance with the obligations of the member states of the European Union, as stipulated in Article 5(1) and (2) of Regulation (EU) 2016/1628, member states shall establish or appoint approval authorities and market surveillance authorities in accordance with the provisions of that Regulation, specifying their names, postal and electronic addresses, as well as their areas of responsibility (European Parliament and Council, 2016). Updated as of 8 April 2021, the European Commission makes public on its website the list and details of the approval authorities for non-road mobile machinery in document Ref. Ares (2021)2410631 – 08/04/2021 (NRMM Emissions – Approval Authorities in the Member States, 2021), where it is noted that:

  • in countries such as Greece, Italy, Slovakia and the Czech Republic correspond to their transport ministries;
  • in Bulgaria, Denmark and France correspond to their ministries of environment or agriculture;
  • in Hungary and Austria correspond to their ministries of innovation and technology;
  • and in the case of Spain it is the Ministry of Industry, Trade and Tourism (NRMM Emissions – Approval Authorities in the Member States, 2021).

Registration and type-approval
Approval authority (registering authority): approval authorities shall make public, by means of the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012, a register of all engine types and engine families for which EU type-approvals have been granted, extended or withdrawn, or in respect of or which an application has been rejected. That register shall contain at least the following information:

  1. Name and address of manufacturer and name of the company name, if different;
  2. Trade name(s) or trade mark(s), as appropriate, belonging to the manufacturer;
  3. Designation of the engine types covered by the EU type-approval of the engine type or, where applicable, the EU type-approval of the engine family;
  4. Engine category;
  5. Number of the EU type-approval, including the number of any extensions;
  6. Date of granting, extension, refusal or withdrawal of the EU type-approval; and
  7. The contents of the sections ‘General engine information’ and ‘Final emission result’ of the test report referred to in Article 24(12) of Regulation (EU) 2016/1628.

Sale
Distributor: any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes an engine available on the market. A distributor that makes an engine available on the market under its name or trade mark, or that modifies an engine in such a way that its compliance with the applicable requirements may be affected, shall be considered to be a manufacturer for the purposes of Regulation (EU) 2016/1628 and shall, in particular, be subject to the obligations laid down in Articles 8 and 9 thereof. A list of the distributor’s obligations is detailed in Articles 13 and 14 of Regulation (EU) 2016/1628.

Market surveillance authority: an authority of a Member State that is responsible for carrying out market surveillance in its territory, which refers to the activities carried out and the measures taken by national authorities to ensure that engines placed on the market comply with the relevant EU harmonisation legislation. The list of market surveillance authorities by sector and their contact information, updated as of September 2021 and published on the European Commission’s website, shows in paragraph 28 that in countries such as France and Germany their environment ministries are responsible, in Greece, Italy and Slovakia their transport ministries, in Hungary their Ministry of Innovation and Technology, while in Spain their Ministry of Industry, Trade and Tourism is responsible (European Commission, 2021).

End-user: any natural or legal person, other than the manufacturer, OEM, importer or distributor, that is responsible for operating the engine installed in NRMM.

As far as the disposal of vehicles is concerned, the measures established by the European Union do not make explicit their applicability to non-road mobile machinery. The European Union issued Directive 2000/53/EC of the European Parliament and of the Council, which aims to set forth measures to prevent and limit waste from end-of-life vehicles (ELVs) and their components by ensuring that they are reused, recycled or recovered, and to improve the effectiveness of environmental protection for all economic operators involved in the life cycle of vehicles. However, this legislation only applies to passenger cars and vans, but not to large trucks, vintage vehicles, special-purpose vehicles and motorbikes (Summary of Directive 2000/53/EC on End-of-Life Vehicles, 2000).

Other legislation such as Directive 2012/19/EU on waste electrical and electronic equipment, in its paragraph 4, point (e) also makes it explicit that the disposal measures laid down are not applicable to non-road mobile machinery (European Commission, 2012).

Consultation documents (downloadable)

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