Page 13 Machinery Directive: new regulations for 2010 Machines placed on the market from 29 December 2009 must comply with the provisions of Directive 200642EC, which replaces 9837EC. There are a number of requirements of concern to CEA members, but the most critical ones have been favourably treated in the Commission guidance following prolonged input from CECE and other industries. These include a new requirement for fixed fastenings on guards and a new requirement for every item of equipment used for lifting to undergo a static and dynamic test. A large part of the Commission guidance has been completed and was launched at a Machinery Conference held in Brussels on 9 December. A2nd Edition will be completed by March 2010 and the whole guidance will be subject to review and amendment as considered necessary. However, there are still two important subjects for the CEAand CECE to resolve. One is the classification of attachments used for earthmoving machines within one of three categories - basic attachments or tools, interchangeable equipment and partly completed machinery pcm. The definition and status of pcm remains a complicated issue and the CEAhas input some text to CECE to help clarification, particularly with regard to quick couplers. The second issue is regarding the requirement for information on vibration emissions to be included in sales literature for machinery. However, as there is no agreed testing procedure, every manufacturer designs and conducts its own tests according to what it feels is appropriate for the machine and likely duty cycles. This means that there is no direct comparison possible, although customers are likely to favour machines for which a lower value has been declared. Exhaust Emissions: retrofit DPFs and London Best Practice Guide BPG The Greater London Authority GLA is responsible for the Best Practice Guide BPG on reducing dust and engine emissions on construction sites. It requires diesel particulate filter systems DPFs to be fitted to new or existing non- road machinery above 37 kW, even though the reduction in particulates provided by DPFs will, in any case, be required by Stage IIIB from 2011. The CEAhas played an important part in the long-running discussions that have voiced industry concerns about safety, fuel resources, costs to companies, warranties, etc. The CEAhas also explained that the PUWER regulations would be put at risk when DPFs are fitted. The CEAraised the profile of the industry case in a press release following the Energy Industries Commission EIC letter to the DfTminister to seek nationwide acceptance of the BPG scheme. This explained the CEA’s support for improving air quality, but pointed out that there is a lack of evidence to show that construction site equipment is a significant contributor to diesel particulates, as EIC contends. Ongoing safety after retrofitting has not been guaranteed and the CEAcontinues to support the increasingly tough EU stages of engine emissions reduction that are leading to orderly technology developments and which will provide lower emissions with proven technology. The Olympic Delivery Authority ODA has recently decided to conduct its own study into the costs and benefits of fitting DPFs. This will comprise an exercise to calculate the theoretical costs and emissions reduction followed by a practical test in the Olympic Park to see whether fitting DPFs was beneficial. The trial is expected to start this year and could last up to 12 months. There does not seem to be much implementation of this aspect of the BPG on other major sites. Commission and the Commission Services did not complete the necessary internal review and sign-off the proposal before the term of office of the previous College of Commissioners ended on 31 October 2009. The proposal cannot now be adopted by the Commission and released to Council and Parliament until after the new College of Commissioners is confirmed, the earliest being the end of January 2010. As such, the outcome of the co-decision is not likely to be known before the third quarter of 2010 - and any change in law would be unlikely before 2011. So the increase, if agreed, will still be on time for Stage IIIB. However, even if the proposal is sent to Parliament and Council, a positive outcome is not assured. At a suitable point in time it may be necessary for the CEAto advocate to MEPs the importance of this amendment, in order to maximise the probability of a positive vote in the European Parliament.