Document ID: chunk:federal_register_of_legislation:F2019C00388:reg:52
Version: federal_register_of_legislation:F2019C00388
Segment Type: reg
Provision Reference: reg 52
Character Range: 61016–62453

52  Transitional provision—Directive 97/68/EC

Definitions
 (1) In this section:
old EU Directive means former 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.
old EU type‑approval certificate means an EU type‑approval certificate granted under stage II of the old EU Directive.

Importing
 (2) For the purposes of paragraph 11(1)(b) of the Act, a non‑road engine is exempt from section 13 of the Act if:
 (a) it is covered by an old EU type‑approval certificate that was granted on or after 11 February 2003; and
 (b) the certificate is not currently suspended or cancelled; and
 (c) the engine is marked in the way required by the old EU Directive, as in force on 11 February 2003.
 (3) Subsection (2) ceases to apply on 1 July 2020.

Supplying
 (4) For the purposes of paragraph 11(1)(b) of the Act, a non‑road engine is exempt from section 15 of the Act if:
 (a) it is covered by an old EU type‑approval certificate that was granted on or after 11 February 2003; and
 (b) the certificate is not currently suspended or cancelled; and
 (c) the engine is marked in the way required by the old EU Directive, as in force on 11 February 2003.
 (5) This section is repealed on 1 July 2021.