WORLD TRADE
G/TBT/N/EEC/287
21 July 2009
ORGANIZATION
(09-3569)
Committee on Technical Barriers to Trade
Original: English
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6
1.
Member to Agreement notifying: EUROPEAN COMMUNITIES
If applicable, name of local government involved (Article 3.2 and 7.2):
2.
Agency responsible: European Commission
Name and address (including telephone and fax numbers, email and website
addresses, if available) of agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:
European Commission
EC-TBT Enquiry Point
Fax: +(32) 2 299 80 43
E-mail: ec-tbt@ec.europa.eu
Website: http://ec.europa.eu/enterprise/tbt/
3.
Notified under Article 2.9.2 [ X ], 2.10.1 [ ], 5.6.2 [ X ], 5.7.1 [ ], other:
4.
Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable): Internal combustion
engines to be placed on machinery under the scope of Directive 97/68/EC as amended
(2002/88/EC & 2004/26/EC).
5.
Title, number of pages and language(s) of the notified document: Draft Commission
Directive 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 (28 pages, in English).
6.
Description of content:
1. Clarification and completion of the type approval procedure for the placing on the
market of Stage IIIB engines, coming into force as of 1 January 2010, with the
addition of the missing cold start testing conditions and the amendment of technical
issues deriving from the use of sophisticated after treatment systems reducing NOx
and PM exhaust emissions to levels compliant with the limits set in the Directive.
2. Extension of derogation for some types of professional small hand-held equipment
(classes SH:2 & SH:3).
3. Simplification of the notification procedure under the flexibility scheme.
. /.
G/TBT/N/EEC/287
Page 2
7.
Objective and rationale, including the nature of urgent problems where applicable: The
amending proposal addresses urgent issues, clarifies and completes the type approval
procedure – incomplete at the time of the current legislation – of engines to be placed on the
market under Directive 97/68/EC and provides the time needed for industry and Member
States to design, produce and type approve engines as of 1 January 2010. It also extends the
derogation period for some professional hand held equipment to allow time for finalizing
next generation technology in order that the latter can be tested and implemented in real
market conditions so these small engines can comply with the next stage limits.
Some simplification measures are also included in the notification requirements in case of
the use of a flexibility scheme, reducing administrative burden and cost without abolishing
the control of machinery placed on the market.
8.
Relevant documents: 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
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2004:146:SOM:EN:HTML
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
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2003:035:SOM:EN:HTML
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
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:1998:059:SOM:EN:HTML
End of December 2009
1 January 2010. (There is a transposition
period for Member States of six months
following publication.)
9.
Proposed date of adoption:
Proposed date of entry into force:
10.
Final date for comments: 60 days from date of notification
11.
Text available from: National enquiry point [ ], or address, telephone and fax numbers,
e-mail and web-site addresses, if available of the other body:
European Commission
EC-TBT Enquiry Point
Fax: + (32) 2 299 80 43
E-mail: ec-tbt@ec.europa.eu
The text is available on the EC-TBT Website : http://ec.europa.eu/enterprise/tbt/
and
here.