5.

The following Chapter 8a is inserted after Chapter 8: ‘CHAPTER 8a EMISSION OF GASEOUS AND PARTICULATE POLLUTANTS FROM DIESEL ENGINES Article 8a.01 Definitions In this Chapter: 1. “engine” means an engine which works on the compression-ignition principle (diesel engine); 1a. “propulsion engine” means an engine for the propulsion of an inland waterway vessel, as defined in Article 2 of Directive 97/68/EC (1); 1b. “auxiliary engine” means an engine for use in applications other than the propulsion of a craft; 1c. “exchange engine” means a used, overhauled engine which is intended to replace a currently operational engine and which is of the same design (in-line engine, V-engine) as the engine to be replaced, which has the same number of cylinders and whose power output and speed do not differ by more than 10 % from the power output and speed of the engine to be replaced; 2. “type-approval” means the procedure as defined in Article 2, second indent of Directive 97/68/EC, as amended, whereby a Member State certifies that an engine type or an engine family with regard to the level of emission of gaseous and particulate pollutants by the engine(s) satisfies the relevant technical requirements; 3. “installation test” means the procedure whereby the competent authority makes sure that, even where an engine fitted to a craft has undergone, since the issuing of the type-approval, any modifications or adaptations with regard to the level of emission of gaseous and particulate pollutants, that engine still complies with the technical requirements of this Chapter; 4. “intermediate test” means the procedure whereby the competent authority makes sure that, even where a craft’s engine has undergone, since the installation test, any modifications or adaptations with regard to the level of emission of gaseous and particulate pollutants, that engine still complies with the technical requirements of this Chapter; 5. “special test” means the procedure whereby the competent authority makes sure that, after each significant modification to a craft’s engine with regard to the level of emission of gaseous and particulate pollutants, that engine still complies with the technical requirements of this Chapter; 6. (left void); 7. “engine family” means a manufacturer’s grouping of engines which through their design, are expected to have similar exhaust emission characteristics of gaseous and particulate pollutants as defined in Article 2, fourth indent of Directive 97/68/EC, as amended, and which comply with the requirements of the rules in accordance with Article 8a.03; 8. (left void); 9. (left void); 10. (left void); 11. “manufacturer” as defined in Article 2 of Directive 97/68/EC, as amended, 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; 12. (left void); 13. (left void); 14. (left void); 15. (left void); 16. “engine parameter protocol” means the document pursuant to Appendix V, in which all the parameters, together with changes, and including components and engine settings which affect the level of emission of gaseous and particulate pollutants from the engine are duly recorded; 17. “engine manufacturer’s instructions on monitoring the components and engine parameters of relevance in an exhaust gas context” means the document produced for the purpose of implementing the installation test and the intermediate or special tests. Article 8a.02 General provisions 1. Without prejudice to the requirements of Directive 97/68/EC, the provisions of this Chapter shall apply to all engines with a rated power output more than 19 kW installed in inland waterway vessels or in machinery on board such vessel. 2. The engines shall comply with the requirements of Directive 97/68/EC. 3. Compliance with the exhaust gas emission limit values of the applicable stage shall be determined on the basis of a type-approval pursuant to Article 8a.03. 4. Installation tests (a) After the installation of the engine on board, but before it is brought into service, an installation test shall be carried out. This test, which forms part of the initial inspection of the craft, or of a special inspection by virtue of the relevant engine having been installed, shall result either in the registration of the engine in the Community certificate to be issued for the first time or in the modification of the existing Community certificate. (b) The inspection body may dispense with an installation test pursuant to (a), if an engine having a rated power output PN of less than 130 kW is replaced by an engine covered by the same type-approval. As a precondition, the vessel’s owner or his authorised representative shall be required to notify the inspection body of the engine’s replacement and to submit a copy of the type-approval document and details of the identification number of the newly installed engine. The inspection body shall make the appropriate amendments to the Community certificate (see box 52). 5. Intermediate tests on the engine shall be carried out in the context of the periodical inspection pursuant to Article 2.09. 6. After each significant modification to an engine, where such modifications have the potential to affect the emission of gaseous and particulate pollutants from the engine, a special test must invariably be carried out. 6a. The results of the tests pursuant to Article 8a.02(4) to (6) shall be registered in the engine parameter protocol. 7. The inspection body shall indicate in the Community certificate, in box 52, the type-approval numbers and identification numbers of all the engines that are installed on board the vessel and that are subject to the requirements of this Chapter. For engines covered by Article 9(4)(a) of Directive 97/68/EC the identification number shall suffice. 8. For the purpose of discharging tasks pursuant to this Chapter, the competent authority may employ a technical service. Article 8a.03 Recognised type-approvals 1. The following type-approvals shall be recognised, provided that the engine application is covered by the appropriate type approval: (a) type-approvals pursuant to Directive 97/68/EC; (b) type-approvals which, pursuant to Directive 97/68/EC (2) are recognised as equivalent. 2. For each type-approved engine, the following documents or copies of them shall be kept available on board: (a) the type-approval document; (b) the engine manufacturer’s instructions on monitoring the components and engine parameters of relevance in an exhaust gas context; (c) the engine parameter protocol. Article 8a.04 Installation test and intermediate and special test 1. At the time of the installation test pursuant to Article 8a.02(4) and in the event of intermediate tests pursuant to Article 8a.02(5) and special tests pursuant to Article 8a.02(6), the competent authority will inspect the current state of the engine with reference to the components, adjustments and parameters specified in the instructions pursuant to Article 8a.01(17). If the authority finds that the engine does not comply with the approved engine type or the approved engine family, it may: (a) require that (aa) steps are taken to re-establish engine conformity; (bb) require appropriate modifications to the type-approval document; or (b) order the actual emissions to be measured. Failing the re-establishment of engine conformity or in the absence of appropriate modifications to the type-approval document or in the event that the measurements indicate non-compliance with the emission limit values, the competent authority shall refuse to issue a Community certificate or shall revoke any Community certificate that has already been issued. 2. In the case of engines with exhaust gas after treatment systems, checks shall be carried out to establish that these systems are functioning properly in the context of the installation test and the intermediate or special tests. 3. The tests according to paragraph 1 are made on the basis of the engine manufacturer’s instruction on monitoring the components and engine parameters of relevance in an exhaust gas emission context. The instruction, to be drawn up by the manufacturer and to be approved by a competent authority, shall specify the exhaust relevant components as well as adjustments and parameters, whereby continuous compliance with the exhaust gas emission limit values can be assumed. The instruction contains at least the following details: (a) type of engine and, where appropriate, engine family with an indication of the rated output and rated speed; (b) list of the components and engine parameters of relevance in an exhaust gas emission context; (c) unambiguous features to identify the permitted components of relevance in an exhaust gas emission context (e.g. part numbers appearing on the components); (d) engine parameters of relevance in an exhaust gas emission context such as setting ranges for the injection timing, permitted cooling water temperature, maximum exhaust gas backpressure, etc. In the case of engines fitted with exhaust gas after treatment systems, the instruction shall also include procedures to check that the exhaust gas after treatment installation is operating efficiently. 4. The installation of engines in craft shall comply with the restrictions set out in the scope of the type approval. In addition, the intake under pressure and the exhaust gas back pressure shall not exceed the values indicated for the approved engine. 5. If the engines being installed on board belong to an engine family, no readjustments or modifications which could adversely affect exhaust gas and particulate emissions or which lie outside the proposed adjustment range may be carried out. 6. If, after type-approval, readjustments or modifications to the engine need to be made, these should be accurately entered in the engine parameter protocol. 7. If the installation and intermediate tests show that, in relation to their parameters, components and adjustable features, the engines installed on board comply with the specifications set out in the instructions pursuant to Article 8a.01(17), then it may be assumed that the exhaust gas and particulate emissions from the engines likewise comply with the basic limit values. 8. Where an engine has obtained type-approval, the competent authority may, at its own discretion, reduce the installation test or intermediate test pursuant to these provisions. However, the full test shall be carried out in respect of at least one cylinder or one engine of an engine family and may only be reduced if there is reason to believe that all other cylinders or engines behave similarly to the cylinder or engine under investigation. Article 8a.05 Technical services 1. The technical services shall comply with the European standard on general requirements for the competence of testing and calibration laboratories (EN ISO/IEC 17025:2000), having due regard to the following conditions: (a) Engine manufacturers cannot be recognised as technical services. (b) For the purposes of this chapter, a technical service may, with permission of the competent authority, use facilities outside its own test laboratory. (c) If requested to do so by the competent authority, technical services shall demonstrate that they are recognised to perform the type of activities described in this paragraph within the European Union. (d) Third country services may only be notified as a recognised technical service in the framework of a bilateral or multilateral agreement between the European Union and the third country in question. 2. Member States shall inform the Commission about the names and addresses of the technical services which, together with their national competent authority are responsible for the application of this chapter. The Commission shall make this information available to the Member States.