Proposal for a directive – amending act
Article 1 – point 2 – point -a a (new)
Directive 97/68/EC
Article 10 – paragraphs 1 b, 1 c and 1 d (new)
(-aa) The following paragraphs are added: "1b. A replacement engine to be installed in a railcar, train-set or locomotive originally equipped with an engine not meeting Stage III A limits or only meeting Stage III A limits shall, as a minimum, comply with the limit values defined in Stage III A. For such engines, Article 9 (3g), (3i) and (4a) shall not apply. 1c. By way of derogation, Member States may authorise the production and the mounting of replacement engines that do not comply with Stage III A requirements, in the following cases: i) for a renewal or upgrading of an existing railcar, train-set or locomotive, when the application of Stage III A requirements would raise important technical difficulties in terms of gauge, axle load, body/chassis design or engine(s) control systems for multiple operation and, as a consequence, compromise the economic viability of the project; ii) where, following a railcar, train-set or locomotive accident or a catastrophic failure of its engine(s), the application of Stage III A requirements would raise important technical difficulties and, as a consequence, compromise the cost- effective repair of the damaged railcar, train-set or locomotive. For these engines, article 9 (3g), (3i) and (4a) shall not apply. Where derogation is granted, the Member State granting the derogation shall, within six months, provide both the Commission and the approval authorities of the other Member States with a document, in both paper form and electronic format, which sets out: — the unique reference number of the derogation as shown on the label attached to each engine to which it refers, — the nature of the derogation, including the description of the emission levels compared with Stage III A thresholds and details of the alternative provisions which will be applied, — a detailed justification for granting the derogation, including the main technical difficulties, with their economic and environmental consequences, and a description of the design efforts made in order to approach Stage III A requirements, and, if need be, other fleet evolution and operating measures, — the number of engines which are subject to the derogation, — details of the manufacturer and of the types and serial numbers of the engines which are subject to the derogation, — details of the railway vehicles' series to which the engines will be fitted together with their operational areas, — any other information helping to justify the request for a derogation 1d. For engines placed on the market under paragraphs 1a, 1b and 1c, the text ‘REPLACEMENT ENGINE’ shall be attached to a label on the engine or inserted into the owner's manual."