S.I. No. 621/2015 - European Communities (Machinery) (Amendment) Regulations 2015.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 5th January, 2016. | ||
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving partial effect to Regulation (EU) No. 167/2013 of the European Parliament and of the Council of 5 February 20131 hereby make the following regulations: | ||
1. (1) These Regulations may be cited as the European Communities (Machinery) (Amendment) Regulations 2015. | ||
(2) The Principal Regulations, the Regulations of 2011 and these Regulations may be cited together as the European Communities (Machinery) Regulations 2008 to 2015. | ||
2. These Regulations come into operation on 1 January 2016. | ||
3. In these Regulations— | ||
“Principal Regulations” means the European Communities (Machinery) Regulations 2008 ( S.I. No. 407 of 2008 ); | ||
“Regulations of 2011” means the European Communities (Machinery) (Amendment) Regulations 2011 ( S.I. No. 310 of 2011 ). | ||
4. Regulation 3 of the Principal Regulations (as amended by Regulation 3(a)(i) of the Regulations of 2011) is amended— | ||
(a) in paragraph (1) by substituting for the definition of “Directive” the following: | ||
“‘Directive’ means Directive 2006/42/EC of the European Parliament and of the Council of 17 May 20062 , as amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council of 18 June 20093 , Directive 2009/127/EC of the European Parliament and of the Council of 21 October 20094 and Regulation (EU) No. 167/2013 of the European Parliament and of the Council of 5 February 20131;”, | ||
(b) in paragraph (3) by substituting “Subject to paragraph (4) these Regulations” for “These Regulations”, and | ||
(c) by inserting after paragraph (3), the following paragraph— | ||
“(4) Tractors covered by type approval legislation under Directive 2003/37/EC of the European Parliament and of the Council of 26 May 20035 put into service prior to 1 January 2018 shall be subject to these Regulations for risks not covered by that Directive”. | ||
5. Regulation 4 of the Principal Regulations is amended by substituting “putting it into service” for “putting it into use”. | ||
6. Schedule 12 of the Principal Regulations is amended by substituting for the first indent of paragraph (e) the following paragraph: | ||
“— agricultural and forestry tractors, with the exclusion of machinery mounted on those vehicles,” | ||
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GIVEN under my Official Seal, | ||
22 December 2015. | ||
RICHARD BRUTON, | ||
Minister for Jobs, Enterprise and Innovation. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation). | ||
These Regulations transpose in Irish law an amendment to Directive 2006/42/EC on machinery that was given effect by Article 77 of Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles. | ||
These Regulations also amend the European Communities (Machinery) Regulations 2008 ( S.I. No. 407 of 2008 ) that gave effect to Directive 2006/42/EC and which were subsequently amended by the European Communities (Machinery) (Amendment) Regulations 2011 ( S.I. No. 310 of 2011 ) that gave effect to Directive 2009/127/EC with regard to machinery for pesticide application. | ||
In particular, the provisions to give effect to Regulation (EU) No. 167/2013 will come into effect from 1 January 2016. From that date Directive 2006/42/EC will no longer apply to new type approved tractors since such vehicles will be completely excluded from that Directive in accordance with Article 77 of Regulation (EU) No. 167/2013. | ||
New tractors covered by existing type approval legislation (Directive 2003/37/EC) may continue to be registered until 31 December 2017 and such vehicles are subject to the requirements of Directive 2006/42/EC. | ||
2 OJ No. L 157, 9.6.2006, p. 24. 3 OJ No. L 188, 18.7.2009, p. 14. |
