Annex 4

(Art. 3 para. 2 let. c)

Requirements for construction machines and particle filter systems, and machines and equipment with internal combustion engines

1 Scope

The provisions of this Annex apply construction machines and particle filter systems as specified in Article 19a and machines and equipment with internal combustion engines as specified in Article 20b .

2 …

3 Air pollution control requirements for construction machines and particle filter systems

31 Requirements for construction machines

¹Emissions from construction machines must comply with the relevant requirements corresponding to the year of manufacture for non-road mobile machinery in accordance with Directive 97/68/EC¹.

²In addition, exhaust emissions from construction machines must not exceed the particle count of 1×10¹²1/kWh for solid particles with a diameter greater than 23 nm, determined in accordance with the best available technology, specifically the UNECE Particle Measurement Programme²and the test cycles specified in Directive 97/68/EC.

^2bisThe requirements specified in paragraphs 1 and 2 are deemed to have been met if the construction machine meets the requirements of Annex II of Regulation (EU) No 2016/1628³.

³The requirements specified in paragraph 2 are deemed to be complied with if the construction machine is operated with a particle filter system which meets the requirements specified in Number 32.

32 Requirements for particle filter systems

¹Particle filter systems for construction machines must:

1. filter 97 % of solid particles with a diameter of 20–300 nm when new and after 1000 hours of operation in a typical application (endurance test);
2. filter 90 % of solid particles during regeneration;
3. have an electronic on board control unit which records pressure losses that could compromise function and issues an alarm, and which switches off additive dosage in the event of filter damage;
4. have an opacity coefficient of less than 0.15 m^–1during free acceleration of the engine;
5. be designed in such a way that it is impossible for the filter element to be installed in the reverse direction;
6. be supplied with cleaning and maintenance instructions;
7. be operated without additives containing copper or catalytic coatings containing copper in the exhaust treatment system; and
8. limit the secondary emissions arising during operation as far as is technically and operationally feasible and economically acceptable.

²The measurement methods and test procedures shall be based on the best available technology, specifically in accordance with SN 277206⁴or UNECE Regulation No 132⁵.

33 Markings

¹The manufacturers or importers shall affix to each construction machine and particle filter system a readily visible, durable and clearly legible data plate/label including the following details:

1. name of the manufacturer or importer;
2. serial number;
3. type designation;
4. name of the conformity assessment body, if assessment is a requirement.

²The data plate/label of construction machines shall also include the following details:

1. year of manufacture of the construction machine;
2. engine output in kW;
3. type designation of the particle reduction system.

³If a construction machine placed on the market is retrofitted with a particle filter system, the person installing this system shall affix to the construction machine a data plate/label including the details specified in paragraphs 1 and 2.

⁴Construction machines with engines on the list of engine families in conformity with Article 19b paragraph 2 do not require a data plate/label on the particle filter system.

34 Exhaust emission maintenance and inspections

¹The holder or operator of a construction machine must carry out exhaust emission maintenance or have such maintenance carried out at least every 24 months. It must retain the results of the exhaust emission maintenance for at least two years and present it to the authorities on request.

²Construction machines need not be inspected periodically in accordance with Article 13 paragraph 3. The authority shall carry out random checks of the results of exhaust emission maintenance. If there is any suspicion of excessive solid particle emissions, it may order further exhaust emission maintenance.

4 Air pollution control requirements for machines and equipment with internal combustion engines

41 Requirements for machines and equipment with internal combustion engines

¹The internal combustion engines of machines and equipment must meet the relevant requirements of Regulation (EU) No 2016/1628⁶.

²The emission limitation requirements specified in Annex 1 do not apply.

42 Exhaust emission maintenance and inspections

¹The holder or operator of a construction machine must carry out exhaust emission maintenance or have such maintenance carried out at least every 24 months. It must retain the results of the exhaust emission maintenance for at least two years and present it to the authorities on request. The FOEN shall issue recommendations.

²Machines and equipment with internal combustion engines need not be inspected periodically in accordance with Article 13 paragraph 3. The authority shall carry out random checks of the results of exhaust emission maintenance. If there is any suspicion of excessive solid particle emissions, it may order further exhaust emission maintenance.