Regulation 2

in the definition of “earth-moving machine”after the words “construction plant and equipment”and before the word “namely”there shall be inserted:—

“in which the installed power is below 500 kW,”; and

at the end of the definition of “Special Directive” there shall be added:—

“and as further amended by the European Parliament and Council Directive 95/27/EC”;^f2 and

for paragraph (3) there shall be substituted the following paragraph:—

“(3)

An approved body which has received an application under paragraph (1) above shall, after examination of the type of earth-moving machine in respect of which the application was made and after payment of the prescribed fee, grant an EC type-examination certificate in the form set out in Schedule 2 where it is satisfied in respect of a certificate granted—

(a)

in the period from the coming into force of the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) (Amendment) Regulations 1995 until 30th December 1996, that the said type of earth-moving machine conforms with the EC type-examination requirements specified in sub-paragraph (a) of Article 3.1 of the Special Directive:

Provided that if the person making the application requests that the EC type-examination requirements specified in sub-paragraph (b) of Article 3.1 of the Special Directive should be applied, instead of those in sub-paragraph (a) of the said Article, the approved body may, where it is satisfied that the type of earth-moving machine conforms with such requirements, grant the said certificate specifying that it is so satisfied;

(b)

in the period from 30th December 1996 until 30th December 2001, that the said type of earth-moving machine conforms with the EC type-examination requirements specified in sub-paragraph (b) of Article 3.1 of the Special Directive; and

(c)

from 30th December 2001, that the said type of earth-moving machine conforms with the EC type-examination requirements specified in sub-paragraph (c) of Article 3.1 of the Special Directive.;”

in paragraph (4), after the words “EEC type-examination requirements” and before the words “and after payment of the prescribed fee”there shall be inserted:—

“as applied in accordance with paragraph (3) above”; and

for paragraph (5) there shall be substituted the following paragraph:—

“(5)

Where an EC type-examination certificate is granted—

(a)

under paragraph (3)(a) above, except where it is granted under the proviso to that paragraph, such certificate shall cease to be valid after 29th December 1997;

(b)

under the proviso in paragraph (3)(a) above or under paragraph (3)(b) above such certificate shall, notwithstanding sub-paragraph (c) below, cease to be valid after 29th December 2002; and

(c)

under the proviso in paragraph 3(a), paragraph (3)(b) or (3)(c) above, subject to sub-paragraph (b) above, the period of validity of any such certificate shall be limited to 5 years but the approved body may on application made to it and after payment of the prescribed fee extend the period of validity by a further 5 years provided that—

(i)

application for such extension is made within the period of 12 months before the expiry of the certificate; and

(ii)

the type of earth-moving machine in respect of which the EC type-examination certificate was granted conforms with the EC type-examination requirements applicable in accordance with paragraph (3) above at the date the extension enters into force;

and if the approved body refuses to grant such extension it shall inform the applicant of his right to apply for a review of the decision of the approved body under regulation 8.”.