Implementation Plan for Council and European Parliament 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
IMPLEMENTATION PLAN FOR EUROPEAN PARLIAMENT AND COUNCIL
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 (HEREINAFTER THE
DIRECTIVE)
I. Responsible Ministry (division of responsibilities)
Responsible Ministry:
MTC
Co-operating Ministry:
ME (MIT)
Division of responsibilities (pursuant to Act No. 2/1969 Coll., as amended):
 MIT is the central authority of the state administration for the machine industry (§ 13 par.
1, letter b)), for domestic trade and protection of consumer interests, foreign trade and
support for export (§ 13 par. 1, letter c)) and for technical standardization, metrology and
state testing (§ 13 par. 1, letter e))
 MTC is the central authority of the state administration for transportation (§ 17)
 ME is the central authority of the state administration for air protection and coordinates
the procedure of all ministries and other authorities of the state administration in
environmental matters (§ 19 par. 2 and 3).
Expert responsible:
Mr. Petr Novák, ME, Air Protection Department
II. Main objectives of the Directive
The Directive aims at approximating the laws of the Member States relating to emission
standards and type-approval procedures for engines to be installed in non-road mobile
machinery. This will contribute to the smooth functioning of the internal market, while
protecting human health and the environment.
III. Plan for meeting the requirements of the Directive
A. Main requirements of the Directive
1. Requirement 1: The member states are to ensure that applications for engine or engine
family type-approval are submitted and processed in accord with the requirements of the
Directive (Article 3)
2. Requirement 2: The member states shall grant type-approval to all engine types or engine
families which conform to the particulars in the information package included with the
application (Article 4).
3. Requirement 3: The member state will insure that the type-approval certificate of the type
is filled in and numbered, that the contents of the index to the information package are
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Implementation Plan for Council and European Parliament 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
compiled or verified and that the completed certificate is provided to the applicant (Article
4 and Annexes VI and VII)
4. Requirement 4: From a set date, the member states will refuse to grant type-approval and
issue a certificate on type compatibility, or will refuse to grant any other type-approval for
non-road mobile machinery if a motor is installed that does not correspond to the
requirements of the Directive (Article 9 (2) and (3)).
5. Requirement 5: After granting type-approval, the member state must take the necessary
measures to ensure that it is informed of any change in the items contained in the
information package. An application for a revision or extension of type-approval of the
type may be submitted exclusively to the type-approval authority of the member state that
issued the original type-approval (Article 5).
6. Requirement 6: The member states shall ensure that applications for revision or extension
of type-approval are submitted only to those type-approval authorities that granted the
original type-approval (Article 5).
7. Requirement 7: The member states may not refuse registration if this is required, or the
introduction of new engines into the market (either separately or installed in machinery),
provided that they comply with the requirements of the Directive. With certain exceptions
they shall permit registrations or placing on the market only of those new engines that
comply with the requirements of the Directive and are type-approved in accord with one of
the categories of engines (Articles 8 and 9).
8. Requirement 8: The member states shall ensure that producers affix to every unit the
prescribed markings and, where the certificate of type-approval of the type contains
limitation of use, that the producer supply detailed information on these limitations
(Article 6 and Annex I)
9. Requirement 9: The member states shall ensure that the exemptions for end-of-series
engines, that are still in stock, be permitted only under the conditions laid down in the
Directive (Article 10).
10. Requirement 10: Prior to granting type-approval, the member state shall verify whether
appropriate measures were carried out ensuring effective control of the conformity of
production, in relation to the provisions of the Directive and, as required, in cooperation
with the type-approval authorities of other states (Article 11).
11. Requirement 11: From June 30. 1998, a member state may not refuse to grant typeapproval or to issue a certificate on type-approval and may not impose any other typeapproval requirements with regard to the requirements of the Directive, if the engine
meets with the requirements of the Directive as regards emissions of gaseous and
particulate pollutants (Article 9).
12. Horizontal requirements:
 Specifying of responsibilities: for the Directive - MTC, preparation of legislation - MTC
in cooperation with ME
 Representation of CR in the Committee: MTC
 Reporting: MTC
B. Plan for implementation of the requirements
1. Preparatory phase of implementation

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Analysis of the current situation in relation to the requirement
2
Implementation Plan for Council and European Parliament 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
Deliberations have been held amongst the participating sectors - ME, MIT and MTC with the
following results:
MTC will incorporate the basic requirements of the Directive into the draft of the Act on the
conditions for the operation of vehicles on roadways.
Details following from the other requirements of the Directive will be laid down in a Decree
for implementation to this Act, to be prepared by MTC in cooperation with ME.
Responsibility:
MTC, ME
Date:
fulfilled
2. Implementation phase
 Transposition of the Directive will be provided by the new Act on the conditions for the
operation of vehicles on roadways and the implementing Decree to this Act.
Responsibility:
MTC in cooperation with ME
Date:
legal force Jan. 1, 2001 (the Act)
Jan 1, 2002 (the Decree)

-
Identification of areas subject to the Directive
The territory subject to the Directive is the territory of CR
From the standpoint of transposition, implementation and enforcement of the requirements
of the Directive, the objects of interest of the Directive are the responsible authorities of
the state administration (the participating Ministries, i.e. MTC and ME), as well as engine
testing laboratories and entities concerned with the production and sale of engines or
machinery with engines subject to the Directive.
3. Revision phase
The Directive is expected to be supplemented to include establishing of similar conditions for
verification and approval for non-road mobile machinery equipped with positive ignition
engines (e.g. for mobile energy generators, garden, agricultural and forestry tools and
machinery, lift trucks, etc.). This follows from consultations with representatives of the
European Commission and also from the study "Emission Testing of Engines to be Installed
in Non-Road Mobile Machinery", prepared for the European Commission by the
Abgasprüfstelle Berlin-Aldershof GmbH.
4. Enforcement

Requirements for establishing and implementing the control and enforcement regime:
-
After granting type-approval, the member state must verify that adequate arrangements
have been made to ensure effective control of the conformity of the production and that
every motor bearing a type-approval number (according to the requirements of the
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Implementation Plan for Council and European Parliament 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
Directive) continues to correspond to the type-approval for the engine or family of engines
(Article 11).
- The member state must ensure that producers submit notification of future production
plans and, where necessary, detailed information on engines produced in accord with the
requirements of the Directive (Article 6).
- After granting type-approval, the member state must adopt suitable measures for
registration and control of the identification numbers of engines produced in accord with
the requirements of the Directive (Article 8).
- If it is found that engines do not conform with the type or family approved, the member
state shall adopt measures to ensure that the engines in production again conform to the
approved type or family of engines (Article 12 (1) and (2)).
- cooperation is expected amongst the type-approval authorities in the member states to
verify the identity of production and in dealing with disputes in case of lack of conformity
(Article 12(3)-(5)).
Responsibility:
MTC
Date:
by the date of accession
5. Reporting

Reporting to the European Commission and the individual member states:

-
Information for the other member states on:
all type-approvals that it has granted, refused to grant or withdrawn (1x monthly)
(Article 4(4a))
- all withdrawn type-approvals and the reasons for this measure (Article 12(4))
- details and reasons for exemptions granted to producers of engines (Article 10(2),
Section 7)
- measures adopted and the reasons therefor in case of lack of conformity with the type
(Article 12(2) and (4))
- type-approval authorities and technical services (Article 16)
Responsibility:
MTC
Date:
by Jan. 31, 2003

Information for the other member states on request therefrom::
The type-approval authority shall send (pursuant to Article 4(4b)):
- a copy of the type-approval certificate with or without the information package for
every type or engine family which it has approved, or refused to approve or withdrawn
- a list of engines produced according to type-approvals granted
- a copy of the declaration of the producer on his production plans
Responsibility:
Date:
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MTC
according to the requirements of the type-approval authority or
member state
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Implementation Plan for Council and European Parliament 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

Information for the European Commission on:
-
type-approved engines (Article 4(5)
exemptions granted to producers of engines and reasons for granting (Article 10(2))
disputes between member states related to lack of conformity of products (Article
12(5))
- type-approval authorities and technical services responsible for implementation of the
Directive (Article 16)
Responsibility:
MTC
Date:
December 31, 2003
-
Information on legislative measures providing for transposition of the Directive, including
the texts of the provisions of national legislation for the area covered by this Directive
(Article 17)
Responsibility:
MTC
Date:
December 31, 2002
6. Other horizontal requirements
6.1 Specification of responsibilities
Transposition: MTC in cooperation with ME
Implementation: MTC
Responsibility: MTC, ME
Date:
fulfilled
6.2 Representation of CR in the Committee
Responsibility: MTC
Date:
by the date of accession to the EU
6.3 Reporting
Responsibility: MTC
Date:
see point III.B.5
IV. Requirements to the date of accession



Transposition of the Directive into the national legislation: MTC in cooperation with ME
reporting to the Commission: MTC
implementation, i.e. introduction of a system of type-approval for engines or machinery:
MTC
Date:
by the date of accession to the EU
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Implementation Plan for Council and European Parliament 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
V. Current state
The subject matter of this Directive is not yet treated in the legislation or substantive
regulations in the Czech Republic. There is only a similar system of testing and approving
highway motor vehicles, implemented by MTC. See Part III.B.1.
VI. Identification of problem areas, proposed measures
Problem area 1: Provision for transposition of the Directive (legislative provision for approval
of machinery or engines, not yet carried out in CR; this is similar to the approving of highway
motor vehicles)
Problem area 2: Designation of the competent type-approval authority, including decisions on
whether, and at what level, national approval of individually imported machinery will be
carried out.
Problem area 3: Provision for the work of the authority responsible for implementation,
monitoring and enforcement of the requirements of the Directive, including provision for
reports to the European Commission and provision for participation in the Committee for
adapting to technical progress - in the framework of MTC it is necessary to provide for an
increase in the number of employees for this work.
VII. Identification of stakeholders and their involvement in the
approximation process
1. Producers (importers) of machinery or engines for machinery
2. Sellers of machinery or engines for machinery
Note: Non-road mobile machinery is not approved in CR pursuant to the requirements of the
Directive. This will involve the new introduction of an approval process for producers and
sellers.
3. Testing laboratories
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Implementation Plan for Council and European Parliament 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
VIII. Institutional, material and personnel needs
a) Table of institutional and material needs
Requirements
Transposition
(preparation of the
Act and Decrees
for implementation)
Type-approval
Approval
(individual cases)
Monitoring
Reporting and
participation in the
Committee
Institutions involved
Necessary changes
Current
Optimum
state
state
MTC (ME) Designating the authority responsible for
transposition
Increase by one person in the number of personnel at
the appropriate institution responsible for
transposition (only for the period of creation of the
legislation; afterwards, this employee will be
responsible for reporting and for participation in the
Committee)
MTC
Designation of the type-approval (approval) authority
at the level of the Ministry (increase by 3 persons)
according to Selection of variants for institutional provision (at the
selection of regional or district level),. Increase in personnel in the
variants
institution by 15 or 85 persons, resp.
MTC
Designation of the institution responsible for control
of compliance with the requirements. Increase in
personnel by one person
MTC
Designation of the institution responsible for reports
to the European Commission and provision for
participation in the Committee. Increase in personnel
in the institution by one person (jointly with the
requirement on transposition)
b) Table of needs for additional personnel in state institutions
Activities
Institutions
State at the
beginning
of 1999 /
optimum
state
Personnel
reinforcement
in 1999 and
2000
1999
Transposition
Type-approval
Monitoring
Reporting, partic. in the
Committee (personnel
jointly with the
requirement of
transposition*)
Approval (individual
cases)
 Variant DA
 Variant RA
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2000
Personnel needs
in 2001 - 2003
2001
1
2002
MTC (ME)**
MTC
MTC
0/1
0/3
0/1
MTC
(0/1)
(1)
District
Authority
Regional
Authority
0/15
0/85
15
85
2003
3
1
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Implementation Plan for Council and European Parliament 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
* The optimum variant consists in transfer of the position in 2002, to be strengthened for the
purpose of transposition in 2001, to the institution entrusted with reporting and participation
in the Committee. Chap. IX is also based on this variant.
** It is necessary to decide whether ME will have to engage another employee for
cooperation in preparation of the regulation for implementation.
IX. Costs and financial resources
a) Table of estimated requirements for additional expenditures of the state budget compared
with expenditures in 1999 (expenditures for increased personnel at institutions and other
expenditures from the state budget in mil. CZK)
2000
increase
total
2001
increase
total
2002
increase
total
2003
increase
total
Personnel costs
Salaries and overhead costs
0
0
0.5
0.5
9.5
10
0
10
Investment costs
0
0
0.3
0.3
5.7
5.7
0
0
Total
0
0
0.8
0.8
15.2
15.7
0
10
Other demands on the state
budget
20.2*
 Subsidies for extending
emission measurements
(testing laboratory)
Total requirements on the
0
0
0.8
20.8
15.2
15.7
0
10
state budget for expenditures
* professional estimate of the expenditures for improved technology of the pertinent testing
laboratories of ÚVMV (Institute for Research on Motor Vehicles) - TÜV Prague (about 20 mil. CZK)
- according to the documents of MTC
According to the Instructions for implementation of EC environmental legislation (in the
part related to the Directive), estimated expenditures for equipping the testing laboratory
correspond to:
 for acquisition of engine performance equipment (about 100 thous. EUR)
 for equipment for analysis of exhaust gases according to the requirements of the Directive
(about 300 thous. EUR)
 Total of about 400 thous. EUR  15 mil. CZK.
Funds for subsidies for extension of measurement of emissions will be allocated through the
budgetary chapter of MTC.
The table corresponds to the variant of the "regional authorities". The other variant would
correspond to an increase in additional expenditures from the state budget in 2002 by 56 mil.
CZK and in 2003 by 35 mil. CZK.
b) Estimated costs for the private sector (million CZK)
Applicants for type-approval of machinery or engines or applicants for approval of individual
machinery or engines will pay the costs connected with the approval procedure, including the
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Implementation Plan for Council and European Parliament 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
administrative fee connected with the application for type-approval and the costs for any tests
of the motor.
X. Economic impacts
None are expected
XI. Project identification
No projects have been identified and the use of projects is not expected.
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