LegalizeRegulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (Text with EEA relevance)
The person(s) authorised to sign statements of conformity shall belong to the manufacturer's organisation and shall be duly authorised by the management of that organisation to fully engage the legal responsibility of the manufacturer with respect to the design and construction, or with respect to the conformity of production, of the engine.
The statement of conformity shall be completed in its entirety and shall not contain any restrictions as regards the use of the engine other than those provided for in this Regulation.
The Commission may adopt implementing acts laying down the template for the statement of conformity, including the features aimed at preventing forgery and allowing verification of the secure electronic file. To that end, the implementing acts shall provide the security features used for protecting the statement of conformity. Those implementing acts shall be adopted, by 31 December 2016, in accordance with the examination procedure referred to in Article 56(2).
Article 32
Statutory marking of engines
The manufacturer shall affix a marking to each engine manufactured in conformity with the approved type (‘the statutory marking’).
In respect of the following engines, the statutory marking shall include supplementary information indicating that the engine is subject to the relevant exemption or transitional provision:
- (a) engines for export to third countries referred to in Article 34(1) that are manufactured either in the Union or outside the Union and subsequently installed in non-road mobile machinery in the Union;
- (b) engines placed on the market in accordance with Article 34(2), (5), (6) or (8);
- (c) engines temporarily placed on the market in accordance with Article 34(4);
- (d) transition engines placed on the market in accordance with Article 58(5);
- (e) replacement engines placed on the market in accordance with Article 34(7), Article 58(10) or (11).
The Commission may adopt implementing acts laying down the template for the statutory marking, including the mandatory essential information required when the engine leaves the production line, the mandatory essential information required before the engine is placed on the market and, where applicable, the supplementary information referred to in paragraph 2 of this Article. Those implementing acts shall be adopted, by 31 December 2016, in accordance with the examination procedure referred to in Article 56(2).
Article 33
Temporary marking of engines
The manufacturer shall affix a temporary marking to each engine that is manufactured in conformity with the approved type and that is placed on the market on the basis of Article 34(3).
An engine that is not yet in conformity with the approved type and that is being delivered to the manufacturer of that engine shall only bear a temporary marking.
The Commission may adopt implementing acts laying down the template for the temporary markings referred to in paragraphs 1 and 2 of this Article, including the mandatory essential information that is to be indicated thereon. Those implementing acts shall be adopted, by 31 December 2016, in accordance with the examination procedure referred to in Article 56(2).
CHAPTER VIII EXEMPTIONS
Article 34
General exemptions
Except as regards point (a) of Article 32(2), engines for export to third countries shall not be subject to this Regulation.
Except as regards point (b) of Article 32(2), engines for use by the armed forces shall not be subject to this Regulation.
For the purposes of this paragraph, fire services, civil defence services, forces responsible for maintaining public order and emergency medical services shall not be considered to be part of the armed forces.
Without prejudice to Article 32 and with the consent of the OEM, a manufacturer may deliver to that OEM an engine separately from its exhaust after-treatment system.
Notwithstanding Article 5(3), Member States shall authorise the temporary placing on the market, for the purposes of field testing, of engines that have not been EU type-approved in accordance with this Regulation.
Notwithstanding Articles 18(2) and 22(3), Member States shall grant EU type-approval for, and authorise the placing on the market of, engines that meet the gaseous and particulate pollutant emission limit values for special purpose engines set out in Annex VI, on the condition that the engines are intended for installation in non-road mobile machinery to be used in potentially explosive atmospheres, as defined in point (5) of Article 2 of Directive 2014/34/EU of the European Parliament and of the Council ([^E0007]).
Notwithstanding Articles 18(2) and 22(3), Member States may, upon request, grant EU type-approval for, and authorise the placing on the market of, engines that meet the gaseous and particulate pollutant emission limit values for special purpose engines set out in Annex VI, on the condition that the engines are intended for installation in non-road mobile machinery that is exclusively used for the launch and recovery of lifeboats operated by a national rescue service.
Notwithstanding Articles 5(3) and 18(2), in relation to engines of categories RLL or RLR and placed on the Union market on or before 31 December 2011, Member States may authorise the placing on the market of replacement engines if the approval authority, upon examination, recognises and concludes that the installation of an engine that complies with the applicable emission limits set out in Tables II-7 and II-8 of Annex II will involve significant technical difficulties. In such a case, the replacement engines shall either comply with the emission limits that they would have needed to meet in order to be placed on the Union market on 31 December 2011, or shall comply with more stringent emission limits.
In respect of engines in categories RLL and RLR that were placed on the Union market after 31 December 2011, Member States may authorise the placing on the market of replacement engines complying with the emission limits that the engines to be replaced had to meet when they were originally placed on the Union market.
In respect of engines in categories RLL or RLR, Member States may authorise the placing on the market of engines that comply with the latest applicable emission limits defined in the relevant legislation applicable on 5 October 2016, provided that:
- (a) those engines are part of a project which is at an advanced stage of development on 6 October 2016, as defined in Directive 2008/57/EC; and
- (b) the use of engines that comply with the applicable emission limits set out in Tables II-7 or II-8 of Annex II will lead to disproportionate costs.
By 17 September 2017, each Member State shall communicate to the Commission the list of any such projects.
The Commission is empowered to adopt delegated acts in accordance with Article 55 for the purpose of supplementing this Regulation with the detailed technical specifications and conditions for:
- (a) the delivery of an engine separately from its exhaust after-treatment system by a manufacturer to an OEM, as referred to in paragraph 3;
- (b) the temporary placing on the market, for the purposes of field testing, of engines that have not been EU type-approved in accordance with this Regulation, as referred to in paragraph 4;
- (c) granting the EU type-approval for, and authorising the placing on the market of, engines that meet the gaseous and particulate pollutant emission limit values for special purpose engines set out in Annex VI, as referred to in paragraphs 5 and 6.
Those delegated acts shall be adopted by 31 December 2016.
Article 35
Exemptions for new technologies or new concepts
A manufacturer may apply for an EU type-approval in respect of an engine type or engine family that incorporates new technologies or new concepts and that, as a result of those new technologies or new concepts, is incompatible with one or more requirements of this Regulation.
The approval authority shall grant the EU type-approval referred to in paragraph 1 where all of the following conditions are met:
- (a) the application states the reasons why the new technologies or new concepts make the engine type or engine family incompatible with one or more of the requirements of this Regulation;
- (b) the application describes the environmental implications of the new technologies or new concepts and the measures taken in order to ensure a level of environmental protection that is at least equivalent to the level provided by the requirements of this Regulation from which exemption is sought;
- (c) test descriptions and results are presented which prove that the condition in point (b) is met.
The granting of the EU type-approval referred to in paragraph 1 shall be subject to authorisation by the Commission.
Where appropriate, the authorisation by the Commission shall specify whether it is subject to any restrictions.
The authorisation shall be given by means of an implementing act.
Pending the decision on authorisation by the Commission pursuant to paragraph 3, the approval authority may issue a provisional EU type-approval which shall be valid:
- (a) only in the territory of that Member State;
- (b) only in respect of an engine type or engine family covered by the exemption sought; and
- (c) for at least 36 months.
Where a provisional EU type-approval is issued, the approval authority shall inform the Commission and the other Member States thereof without delay, by means of a file containing the information referred to in paragraph 2.
The provisional nature and the limited territorial validity of such a provisional EU type-approval shall be apparent from the heading of the EU type-approval certificate and the heading of the corresponding statement of conformity.
Where an approval authority decides to accept a provisional EU type-approval referred to in paragraph 4 within its territory, it shall inform the relevant approval authority and the Commission thereof in writing.
Where the Commission decides not to give the authorisation referred to in paragraph 3 the approval authority shall immediately notify the holder of the provisional EU type-approval referred to in paragraph 4 that the provisional EU type-approval will be revoked six months after the date of the Commission's refusal.
Notwithstanding the Commission's decision not to give the authorisation referred to in paragraph 3, engines manufactured in conformity with the provisional EU type-approval before it ceases to be valid may be placed on the market in any Member State the approval authorities of which accepted the provisional EU type-approval.
The requirements referred to in the second subparagraph of paragraph 4 and in paragraph 5 shall be deemed to be fulfilled where the relevant information has been uploaded onto IMI.
The Commission may adopt implementing acts laying down the authorisation referred to in paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
The Commission may adopt implementing acts laying down the harmonised templates for the EU type-approval certificate and the statement of conformity referred to in paragraph 4 of this Article, including their mandatory essential information. Those implementing acts shall be adopted, by 31 December 2016, in accordance with the examination procedure referred to in Article 56(2).
Article 36
Subsequent adaptation of delegated and implementing acts
Where the Commission authorises the granting of an exemption pursuant to Article 35, it shall immediately take the steps necessary to adapt the delegated or implementing acts concerned to technological developments.
Where the exemption authorised pursuant to Article 35 relates to a matter that is regulated by a UNECE regulation, the Commission shall propose an amendment to that regulation in accordance with the procedure applicable under the Revised 1958 Agreement.
As soon as the relevant delegated or implementing acts referred to in paragraph 1 have been amended, the Commission shall lift any restriction imposed by the decision authorising the exemption.
Where the steps necessary to adapt the delegated or implementing acts have not been taken, the Commission may, at the request of the Member State which granted the provisional EU type-approval, authorise that Member State to extend it by means of a decision in the form of an implementing act adopted in accordance with the examination procedure referred to in Article 56(2).
CHAPTER IX PRODUCTION REPORTING AND VERIFICATION
Article 37
Obligations of manufacturers with regard to production reporting
The manufacturer shall submit to the approval authority which granted the EU type-approval a list containing the number of engines for each engine type and engine sub-category produced in accordance with this Regulation and in conformity with the EU type-approval since the last production report was submitted, or since the requirements of this Regulation first became applicable.
That list shall be submitted:
- (a) within 45 days following the end of each calendar year;
- (b) immediately after each of the dates for the placing on the market of engines referred to in Annex III; and
- (c) by any other date that the approval authority may stipulate.
The list referred to in paragraph 1 shall specify how the identification numbers correlate to the corresponding engine types and, where applicable, engine families and to the EU type-approval numbers where those correlations are not identified by the engine coding system.
The list referred to in paragraph 1 shall indicate clearly any case in which the manufacturer ceases to produce an approved engine type or engine family.
The manufacturer shall retain a copy of the list referred to in paragraph 1 for a minimum period of 20 years following the end of the validity of the EU type-approval concerned.
The Commission may adopt implementing acts laying down the format of the list referred to in paragraph 1 of this Article. Those implementing acts shall be adopted, by 31 December 2016, in accordance with the examination procedure referred to in Article 56(2).
Article 38
Verification measures
The approval authority of a Member State that granted an EU type-approval shall take the measures necessary to ensure that, where appropriate in cooperation with the approval authorities of the other Member States, the identification numbers relating to the EU type-approval are correctly allocated to, and are properly used by, manufacturers before the type-approved engine is placed or made available on the market.
An additional verification of the identification numbers may be carried out in conjunction with the control of conformity of production laid down in Article 26.
With regard to the verification of the identification numbers, the manufacturer or the manufacturer's representative shall, upon request, provide without delay to the responsible approval authority the information required concerning the manufacturer's purchasers, together with the identification numbers of the engines reported as produced in accordance with Article 37. Where engines are made available to an OEM, no additional information shall be required of the manufacturer.
If, further to a request from the approval authority, the manufacturer is unable to demonstrate compliance with the statutory marking requirements, the approval authority may withdraw the EU type-approval granted in respect of the corresponding engine type or engine family. The approval authorities shall inform each other within one month of any EU type-approval having been withdrawn and of the reasons for that withdrawal, in accordance with Article 22(5).
CHAPTER X SAFEGUARD CLAUSES
Article 39
Engines not in conformity with the approved type
Where engines bearing a statutory marking and, where applicable, accompanied by a statement of conformity are not in conformity with the approved engine type or engine family, the approval authority which granted the EU type-approval shall take the necessary measures to ensure that the engines in production are brought into conformity with the approved engine type or engine family. Such measures may include the withdrawal of the EU type-approval if the remedial action taken by the manufacturer is inadequate.
The relevant approval authority shall inform the approval authorities of the other Member States of the measures taken.
For the purposes of paragraph 1, deviations from the particulars set out in the EU type-approval certificate or in the information package, where those deviations have not been authorised in accordance with Chapter VI, shall be deemed to constitute a failure to conform to the approved engine type or engine family.
Where an approval authority finds that engines accompanied by a statement of conformity, if applicable, or bearing a type-approval mark issued in another Member State are not in conformity with the approved engine type or engine family, it may request that the approval authority which granted the EU type-approval verify that the engines in production continue to conform to the approved engine type or engine family. On receipt of such a request, the approval authority which granted the EU type-approval shall take the action referred to in paragraph 1 as soon as possible, and at the latest within three months of the date of the request.
The approval authorities shall inform each other within one month of any EU type-approval having been withdrawn and of the reasons for that withdrawal, in accordance with Article 22(5).
Where the approval authority that granted the EU type-approval disputes the non-conformity of which it is notified, the Member States concerned shall endeavour to settle the dispute.
The approval authority shall keep the Commission informed thereof and, where necessary, the Commission shall hold appropriate consultations with a view to reaching a settlement.
Article 40
Recall of engines
Where a manufacturer that has been granted an EU type-approval is obliged, pursuant to Article 20(1) of Regulation (EC) No 765/2008, to recall engines placed on the market, whether or not the engines are installed in non-road mobile machinery, on the basis that the engines represent a serious risk with regard to the protection of the environment or public health, that manufacturer shall:
- (a) immediately inform the approval authority that granted the EU type-approval; and
- (b) propose a set of appropriate remedies to address the serious risk to that approval authority.
The approval authority shall communicate the proposed remedies to the approval authorities of the other Member States and to the Commission without delay.
The approval authorities shall ensure that the remedies are effectively implemented in their respective Member States.
Where an approval authority considers that the remedies are insufficient or have not been implemented quickly enough, it shall, without delay, inform the approval authority that granted the EU type-approval thereof.
Where the manufacturer does not subsequently propose and implement effective corrective measures, the approval authority which granted the EU type-approval shall take all protective measures required, including the withdrawal of the EU type-approval.
In the case of withdrawal of the EU type-approval, the approval authority shall, within one month of that withdrawal, notify the manufacturer, the approval authorities of the other Member States and the Commission thereof by registered letter or equivalent electronic means.
Article 41
Notification of decisions and remedies available
Decisions of the following type or for the following purpose shall state the reasons on which they are based:
- (a) taken pursuant to this Regulation;
- (b) refusing or withdrawing an EU type-approval;
- (c) requiring the recall of an engine from the market;
- (d) prohibiting, restricting or impeding the placing on the market of an engine; or
- (e) prohibiting, restricting or impeding the placing on the market of non-road mobile machinery in which an engine falling within the scope of this Regulation is installed.
The approval authorities shall notify the party concerned of:
- (a) any decision referred to in paragraph 1;
- (b) the remedies available to it under the laws in force in the Member State concerned and of the time limits applicable to those remedies.
CHAPTER XI INTERNATIONAL REGULATIONS AND PROVISION OF TECHNICAL INFORMATION
Article 42
Acceptance of equivalent engine type-approvals
The Union may, in the framework of multilateral or bilateral agreements between the Union and third countries, acknowledge the equivalence between the conditions and provisions for EU type-approval of engines established by this Regulation and the procedures established by international regulations or regulations of third countries.
Type-approvals granted and statutory markings that are in conformity with UNECE regulations, or amendments thereto, which the Union has voted in favour of or to which the Union has acceded as set out in the delegated act referred to in point (a) of paragraph 4, shall be recognised as being equivalent to the EU type-approvals granted and statutory marking required in accordance with this Regulation.
EU type-approvals granted on the basis of Union acts as listed in the delegated act referred to in point (b) of paragraph 4 shall be recognised as being equivalent to the EU type-approvals granted in accordance with this Regulation.
The Commission is empowered to adopt delegated acts in accordance with Article 55 supplementing this Regulation by setting out:
- (a) the list of UNECE regulations, or amendments thereto, including any requirements set out therein which relate to their application, which the Union has voted in favour of or to which the Union has acceded, and which are to apply to EU type-approval of engine types and engine families to be installed in non-road mobile machinery;
- (b) the list of Union acts pursuant to which EU type-approvals are granted, including any requirements set out therein which relate to their application.
Those delegated acts shall be adopted by 31 December 2016.
Article 43
Information and instructions intended for OEMs and end-users
A manufacturer shall not supply to OEMs or end-users any technical information related to the particulars provided for in this Regulation which diverges from the particulars approved by the approval authority.
The manufacturer shall make available to OEMs all relevant information and instructions that are necessary for the correct installation of an engine in non-road mobile machinery, including a description of any special conditions or restrictions linked to the installation or use of the engine.
The manufacturer shall make available to OEMs all relevant information and necessary instructions intended for the end-user, including a description of any special conditions or restrictions linked to the use of an engine.
Manufacturers shall make available to OEMs the value of the carbon dioxide (CO2) emissions determined during the EU type-approval process and shall instruct the OEMs to communicate that information, together with explanatory information on the test conditions, to the end-user of the non-road mobile machinery in which the engine is intended to be installed.
The Commission is empowered to adopt delegated acts in accordance with Article 55 supplementing this Regulation by setting out the details of the information and instructions referred to in paragraphs 2, 3 and 4 of this Article. Those delegated acts shall be adopted by 31 December 2016.
Article 44
Exchange of data and information via IMI
The exchange of data and information relating to EU type-approvals between national authorities, or between national authorities and the Commission, within the framework of this Regulation shall be in electronic format via IMI.
Any relevant information relating to EU type-approvals granted in accordance with this Regulation shall be gathered centrally and made accessible to the national authorities and to the Commission via IMI.
The Commission shall ensure that IMI also:
- (a) makes possible the exchange of data and information between manufacturers or technical services, on the one hand, and national authorities or the Commission, on the other;
- (b) provides public access to certain data and information relating to the results of type-approvals and monitoring results of in-service engines;
- (c) where appropriate and technically and economically feasible, and in agreement with the Member States concerned, provides facilities for the automatic transfer of data between existing national databases and IMI.
The uses of IMI referred to in paragraph 3 shall be optional.
The Commission may adopt implementing acts laying down the detailed technical requirements and procedures necessary for the interconnection of IMI with existing national databases as referred to in point (c) of paragraph 3 of this Article. Those implementing acts shall be adopted, by 31 December 2016, in accordance with the examination procedure referred to in Article 56(2).
CHAPTER XII DESIGNATION AND NOTIFICATION OF TECHNICAL SERVICES
Article 45
Requirements relating to technical services
A technical service shall be designated by an approval authority in accordance with Article 47 and shall fulfil the requirements laid down in paragraphs 2 to 9 of this Article.
A technical service shall be established under the national law of a Member State and have legal personality.
The technical service shall be a third-party body independent of the process of design, manufacture, supply or maintenance of the engines it assesses.
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacture, provision, assembly, installation, use or maintenance of the engines it assesses, tests or inspects may, provided that it demonstrates its independence and the absence of any conflict of interest, be considered to fulfil the requirements of the first subparagraph.
The technical service, including its top-level management and the personnel responsible for carrying out the categories of activities for which the technical service is designated in accordance with Article 47(1), shall not be the designer, manufacturer, supplier, installer or maintainer of the engines which it assesses, and shall not represent parties engaged in those activities. This restriction shall not preclude the use of assessed engines referred to in paragraph 3 of this Article that are necessary for the operation of the technical service, or the use of such engines for personal purposes.
The technical service shall ensure that the activities of its subsidiaries or subcontractors do not affect its confidentiality, objectivity or impartiality in relation to the categories of activities for which it has been designated.
The technical service shall carry out the categories of activities for which it has been designated with the highest degree of professional integrity and the requisite technical competence in the specific field, and its personnel shall be free from any pressure or inducements, particularly financial, which might influence its judgment or the results of its assessment activities, especially such pressure or inducements emanating from persons or groups of persons with an interest in the results of those activities.
The technical service shall demonstrate to its designating approval authority that it is capable of carrying out all the categories of activities for which it is seeking to be designated in accordance with Article 47(1), by ensuring that it has:
- (a) personnel with appropriate skills and specific technical knowledge and vocational training as well as sufficient and appropriate experience to perform the task;
- (b) descriptions of the procedures relevant to the categories of activities for which it is seeking to be designated, thereby ensuring the transparency and reproducibility of those procedures;
- (c) procedures for the performance of the categories of activities for which it is seeking to be designated, which take due account of the degree of complexity of the technology of the engine in question and of whether the engine is manufactured pursuant to a mass or serial production process; and
- (d) the means necessary to perform in an appropriate manner the tasks connected with the categories of activities for which it is seeking to be designated and that it has access to all the necessary equipment or facilities.
The technical service, including its top-level management and the assessment personnel, shall be impartial and shall not engage in any activity that could conflict with their independence of judgment or integrity in relation to the categories of activities for which the technical service is designated.
The technical service shall take out liability insurance covering its activities, unless liability is assumed by the Member State in accordance with national law or the Member State is itself directly responsible for the assessment.
The personnel of a technical service shall be bound by professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation or any provision of national law giving effect to it.
The personnel of a technical service shall not be bound by the obligation referred to in the first subparagraph in respect of the sharing of information with the designating approval authority, or where such sharing is required by Union or national law.
Proprietary rights shall be protected.
Article 46
Subsidiaries of and subcontracting by technical services
The technical service may, only with the agreement of their designating approval authority, subcontract specific tasks connected with the categories of activities for which it has been designated in accordance with Article 47(1), or have those activities carried out by a subsidiary.
In such cases, the technical service shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 45 and shall inform the designating approval authority accordingly.
The technical service shall take full responsibility for the tasks performed by any of its subcontractors or subsidiaries, irrespective of their place of establishment.
The technical service shall keep at the disposal of the designating approval authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them.
Article 47
Designation of technical services
Approval authorities shall designate technical services for one or more of the following categories of activities, in accordance with their fields of competence:
- (a) category A : carrying out the tests referred to in this Regulation in the facilities belonging to the technical service in question;
- (b) category B : supervising the tests referred to in this Regulation, where such tests are performed in the facilities of a manufacturer or of a third party;
- (c) category C : assessing and monitoring on a regular basis the manufacturer's procedures for ensuring the conformity of production;
- (d) category D : supervising or performing tests or inspections for ensuring the conformity of production.
An approval authority may act as a technical service for one or more of the categories of activities referred to in paragraph 1.
Technical services of a third country, other than those designated in accordance with this Article, may be the subject of a notification pursuant to Article 50 where such a recognition of technical services is provided for by a bilateral agreement concluded between the Union and the third country concerned.
However, a technical service established in accordance with Article 45(2) may establish subsidiaries in third countries, provided that the subsidiaries are directly managed and controlled by that technical service.
Article 48
Procedures for performance standards and assessment of technical services
The Commission is empowered to adopt delegated acts in accordance with Article 55 supplementing this Regulation by laying down:
- (a) the standards with which the technical services have to comply; and
- (b) the procedure for the assessment of the technical services, including the corresponding report, in accordance with Article 49.
Article 49
Assessment of the skills of technical services
The designating approval authority shall draw up an assessment report demonstrating that the candidate technical service has been assessed for its compliance with this Regulation and the delegated acts adopted pursuant to it. The assessment report may include a certificate of accreditation issued by a national accreditation body attesting that the technical service fulfils the requirements of this Regulation.
The assessment on which the assessment report is based shall be conducted in accordance with the provisions laid down in a delegated act referred to in Article 48.
The designating approval authority shall review the assessment report at least once every three years.
The designating approval authority shall communicate the assessment report to the Commission upon the latter's request. In such cases, where the assessment is not based on an accreditation certificate issued by a national accreditation body, the designating approval authority shall provide the Commission with documentary evidence which attests to the following:
- (a) the technical service's competence;
- (b) the arrangements in place to ensure that the technical service is monitored regularly by the designating approval authority; and
- (c) that the technical service fulfils the requirements of this Regulation and of the delegated acts adopted pursuant to it.
An approval authority that intends to act as a technical service in accordance with Article 47(2) shall document compliance by means of an assessment conducted by auditors independent of the activity being assessed. Such auditors may be from the same organisation, provided that they are managed separately from the personnel undertaking the assessed activity.
Article 50
Procedures for notification
In respect of each technical service that they have designated, Member States shall notify the Commission of the following:
- (a) the name of the technical service;
- (b) the address, including electronic address;
- (c) the responsible persons;
- (d) the category of activities; and
- (e) any modifications relating to the designation referred to in Article 47.
A technical service may only conduct the activities referred to in Article 47(1) on behalf of the designating approval authority if that technical service has been notified beforehand to the Commission in accordance with paragraph 1 of this Article.
The same technical service may be designated by several designating approval authorities and notified by the Member States of those designating approval authorities irrespective of the category or categories of activities it is to conduct in accordance with Article 47(1).
Where a specific organisation or competent body carrying out an activity not included in Article 47(1) needs to be designated in application of a delegated act, the Member States concerned shall notify the Commission in accordance with this Article.
The Commission shall publish on its website a list and details of the technical services which have been the subject to a notification in accordance with this Article.
Article 51
Changes to designations
Where a designating approval authority has ascertained or has been informed that a technical service designated by it either no longer fulfils the requirements laid down in this Regulation or is failing to meet its obligations, it shall restrict, suspend or revoke the designation, as appropriate, depending on the seriousness of the failure to fulfil those requirements or meet those obligations.
The Member State that has provided the Commission with notification of that technical service in accordance with Article 50(1) shall immediately inform the Commission of any such restriction, suspension or revocation.
The Commission shall modify the published information referred to in Article 50(5) accordingly.
In the event of the restriction, suspension or revocation of the designation referred to in paragraph 1, or where the technical service has ceased its activity, the designating approval authority shall take appropriate steps to ensure that the files of that technical service are either processed by another technical service or kept available for the designating approval authority or for the market surveillance authorities at their request.
Article 52
Challenge to the competence of technical services
The Commission shall investigate all cases where it has doubts, or where doubts are brought to its attention, as to the competence of a technical service or the continued fulfilment by a technical service of the requirements and responsibilities to which it is subject.
The Member State of the designating approval authority shall, upon request, provide the Commission with all information relating to the basis for the designation or the maintenance of the designation of the technical service concerned.
The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Where the Commission ascertains that a technical service does not fulfil or no longer fulfils the requirements for its designation, it shall inform the Member State of the designating approval authority accordingly with a view to establishing, in cooperation with that Member State, the corrective measures necessary and shall request that that Member State take those corrective measures, including the revocation of the designation if necessary.
Article 53
Operational obligations of technical services
Technical services shall carry out the categories of activities for which they have been designated on behalf of the designating approval authority and in accordance with the assessment and test procedures provided for in this Regulation and its delegated and implementing acts.
Technical services shall supervise or shall themselves carry out the tests required for EU type-approval or inspections as set out in this Regulation or in one of its delegated or implementing acts, unless alternative procedures are permitted.
Technical services shall not conduct tests, assessments or inspections for which they have not been designated.
Technical services shall at all times:
- (a) allow the designating approval authority to observe them conducting their assessments, if deemed appropriate by that authority; and
- (b) without prejudice to Article 45(9) and Article 54, provide the designating approval authority with such information as may be requested on the categories of activities which they carry out and which fall within the scope of this Regulation.
Where a technical service finds that the requirements laid down in this Regulation have not been fulfilled by a manufacturer, it shall report that fact to the designating approval authority, which shall, in turn, require the manufacturer to take appropriate corrective measures.
The designating approval authority shall not issue an EU type-approval certificate until the manufacturer has taken the appropriate corrective measures to the satisfaction of that approval authority.
Where, in the course of monitoring conformity of production following the issue of an EU type-approval certificate, a technical service acting on behalf of the designating approval authority finds that an engine type or engine family no longer complies with this Regulation, it shall report that fact to the designating approval authority.
The approval authority shall take the appropriate measures as provided for in Article 26.
Article 54
Information obligations of technical services
Technical services shall inform their designating approval authority of any:
- (a) non-conformity which might require a refusal, restriction, suspension or withdrawal of an EU type-approval;
- (b) circumstances affecting the scope of, or conditions for, their designation;
- (c) request for information from market surveillance authorities regarding their activities.
Upon request from their designating approval authority, technical services shall provide information on the activities within the scope of their designation and on any other activity performed, including cross-border activities and subcontracting.
CHAPTER XIII DELEGATED ACTS AND IMPLEMENTING ACTS
Article 55
Exercise of the delegation
The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 19(2), Article 24(11), Article 25(4), Article 26(6), Article 34(9), Article 42(4), Article 43(5) and Article 48 shall be conferred on the Commission for a period of 10 years from 6 October 2016. The Commission shall draw up a report in respect of the delegation of power not later than 6 January 2026 and nine months before the end of each following five-year period. The delegation of power shall be tacitly extended for periods of five years, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The delegation of power referred to in Article 19(2), Article 24(11), Article 25(4), Article 26(6), Article 34(9), Article 42(4), Article 43(5) and Article 48 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Article 19(2), Article 24(11), Article 25(4), Article 26(6), Article 34(9), Article 42(4), Article 43(5) and Article 48 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 56
Committee procedure
The Commission shall be assisted by the ‘Technical Committee — Motor Vehicles’ (TCMV) established by Article 40(1) of Directive 2007/46/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
CHAPTER XIV FINAL PROVISIONS
Article 57
Penalties
Member States shall provide for penalties for infringement of this Regulation, and of the delegated or implementing acts adopted pursuant to this Regulation, by economic operators or OEMs. The penalties provided for shall be effective, proportionate and dissuasive.
Member States shall notify the Commission of those provisions by 7 October 2018 and shall notify the Commission without delay of any subsequent amendments affecting them.
Member States shall take all measures necessary to ensure that the penalties are implemented.
Infringements subject to a penalty shall include:
- (a) making false declarations, in particular during the EU type-approval procedures, the procedures leading to a recall or the procedures relating to exemptions;
- (b) falsifying test results in relation to an EU type-approval or the monitoring of in-service engines;
- (c) withholding data or technical specifications which could lead to the recall of engines, or to the refusal or the withdrawal of an EU type-approval;
- (d) using defeat strategies;
- (e) refusing to provide access to information;
- (f) placing on the market engines subject to EU type-approval without EU type-approval, or falsifying documents or statutory markings with the intention of doing so;
- (g) placing on the market transition engines and non-road mobile machinery in which such engines are installed in violation of the exemption provisions;
- (h) being in violation of the restrictions set out in Article 35(3) and (4);
- (i) placing on the market an engine modified in such a way that it is no longer in conformity with the specifications of its EU type-approval;
- (j) installing an engine in non-road mobile machinery for a use other than the exclusive use provided for in Article 4;
- (k) placing on the market a special purpose engine under Article 34(5) or (6) for use in non-road mobile machinery other than that provided for in those paragraphs;
- (l) placing on the market an engine under Article 34(7) or (8) and Article 58(9), (10) or (11) for use in machinery other than that provided for in those paragraphs;
- (m) placing on the market non-road mobile machinery in which engines subject to EU type-approval under this Regulation are installed, without such approval;
- (n) placing on the market non-road mobile machinery that is in violation of a restriction regarding non-road mobile machinery set out in Article 34(8).
Article 58
Transitional provisions
Without prejudice to Chapters II and III, this Regulation shall not invalidate, before the dates for placing on the market of engines set out in Annex III, any EU type-approval or exemption.
Approval authorities may, in accordance with the relevant legislation applicable on 5 October 2016, continue to grant EU type-approvals until the mandatory dates for the EU type-approval of engines set out in Annex III and continue to grant exemptions in accordance with that legislation until the mandatory dates for the placing on the market of engines set out in Annex III.
Member States may, in accordance with the relevant legislation applicable on 5 October 2016 continue to permit the placing on the market of engines until the mandatory dates for the placing on the market of engines set out in Annex III.
By way of derogation from this Regulation, engines which have received an EU type-approval pursuant to the relevant legislation applicable on 5 October 2016, or which meet the requirements set out by the Central Commission for the Navigation of the Rhine (CCNR) and adopted as CCNR Stage II, in the framework of the Revised Convention for Rhine Navigation, may continue to be placed on the market until the dates for the placing on the market of engines set out in Annex III.
In such cases, national authorities shall not prohibit, restrict or impede the placing on the market of engines complying with the approved type.
Engines which on 5 October 2016 did not fall within the scope of Directive 97/68/EC may continue to be placed on the market on the basis of the national rules in force, if any, until the dates for the placing on the market of engines set out in Annex III.
Without prejudice to Article 5(3), Article 18(2) and, where applicable, Directive 2008/57/EC and Commission Regulation (EU) No 1302/2014 ([^E0008]), transition engines and, where applicable, the non-road mobile machinery in which those transition engines are installed may continue to be placed on the market during the transition period provided that the machinery in which the transition engine is installed has a production date not later than 18 months following the start of the transition period.
For engines of sub-categories of category NRE for which the date set out in Annex III for the placing on the market of Stage V engines is 1 January 2020, Member States shall authorise the extension of the transition period and of the 18-month period referred to in the first subparagraph by an additional 12 months for OEMs with a total yearly production of less than 100 units of non-road mobile machinery equipped with internal combustion engines. For the purposes of the calculation of that total yearly production, all OEMs under the control of the same natural or legal person shall be considered to be a single OEM.
For engines of sub-categories of category NRE for which the date set out in Annex III for the placing on the market of Stage V engines is 1 January 2020, used in mobile cranes, the transition period and the 18-month period referred to in the first subparagraph shall be extended by 12 months.
For engines of category NRS with an engine power of less than 19 kW used in snow throwers, the transition period and the 18-month period referred to in the first subparagraph shall be extended by 24 months.
For engines of all sub-categories for which the date set out in Annex III for the placing on the market of Stage V engines is 1 January 2019, except for the engines referred to in the fourth subparagraph, the transition period and the 18-month period referred to in the first subparagraph shall be extended by 12 months.
For engines of all sub-categories for which the date set out in Annex III for the placing on the market of Stage V engines is 1 January 2020, except for the engines referred to in the second and third subparagraphs, the transition period shall be extended by nine months and the 18-month period referred to in the first subparagraph shall be extended by six months.
Subject to paragraph 5 of this Article, transition engines shall meet at least one of the following requirements:
- (a) be in conformity with engine types or engine families the EU type-approval of which is no longer valid pursuant to point (a) of Article 30(2), and are, on the engines' production dates, covered by a valid EU type-approval that is in compliance with the latest applicable emission limits defined in the relevant legislation applicable on 5 October 2016.
- (b) belong to a power range that was not subject to pollutant emission type-approval at Union level on 5 October 2016; or
- (c) be used or intended to be used in an application that was not subject to pollutant emission related type-approval at Union level on 5 October 2016.
The period for placing transition engines on the market shall be limited to:
- (a) 24 months from the applicable date for the placing on the market of engines set out in Annex III, in the case set out in the first subparagraph of paragraph 5;
- (b) 36 months from the applicable date for the placing on the market of engines set out in Annex III, in the case set out in the second and third subparagraphs of paragraph 5;
- (c) 48 months from the applicable date for the placing on the market of engines set out in Annex III, in the case set out in the fourth subparagraph of paragraph 5;
- (d) 36 months from the applicable date for the placing on the market of engines set out in Annex III, in the case set out in the fifth subparagraph of paragraph 5;
- (e) 33 months from the applicable date for the placing on the market of engines set out in Annex III, in the case set out in the sixth subparagraph of paragraph 5.
Manufacturers shall ensure that transition engines placed on the market during the transition period comply with the marking referred to in point (d) of Article 32(2).
Notwithstanding Article 5(3), Article 18(2) and Article 22, Member States may, for a period that ends no later than 17 September 2026 authorise the placing on the market of engines of category RLL with a maximum net power greater than 2 000 kW that do not comply with the emission limits set out in Annex II to be installed in locomotives which only run on a technically isolated 1 520 mm railway network. During that period, the engines placed on the market shall, as a minimum, comply with the emission limits that engines had to meet to be placed on the market on 31 December 2011. The approval authorities of the Member States shall grant EU type-approval and shall authorise the placing on the market of such engines.
Notwithstanding Articles 5(3) and 18(2), Member States shall authorise the placing on the market of replacement engines, for a period not longer than 15 years, starting from the applicable dates for the placing on the market of Stage V engines set out in Annex III, provided that the engines belong to a category equivalent to NRS with a reference power no less than 19 kW, or belong to a category equivalent to NRG, where the replacement engine and the original engine belong to an engine category or power range that was not subject to type-approval at Union level on 31 December 2016.
Notwithstanding Articles 5(3) and 18(2), Member States shall authorise the placing on the market of replacement engines, for a period not longer than 20 years, starting from the applicable dates for the placing on the market of Stage V engines set out in Annex III, provided that the engines:
- (a) belong to category NRE with a reference power no less than 19 kW and no greater than 560 kW, and comply with an emission stage that expired not more than 20 years before the placing on the market of those engines and that is at least as stringent as the emission limits that the engine to be replaced had to meet when it was placed on the market originally;
- (b) belong to a category equivalent to NRE and with a reference power greater than 560 kW, where the replacement engine and the original engine belong to an engine category or power range that was not subject to type-approval at Union level on 31 December 2016.
Member States may decide not to apply this Regulation, for a period ending no later than 17 September 2026 to engines installed in cotton harvesting machinery.
Manufacturers shall ensure that replacement engines comply with the marking referred to in point (e) of Article 32(2).
Article 59
Report
By 31 December 2021, Member States shall inform the Commission of the application of the EU type-approval procedures laid down in this Regulation.
By 31 December 2022, on the basis of the information supplied under paragraph 1, the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation.
Article 60
Review
By 31 December 2018, the Commission shall submit a report to the European Parliament and to the Council regarding the assessment of the possibility of laying down harmonised measures for the installation of retrofit emission control devices in engines in non-road mobile machinery that has already been placed on the Union market. That report shall also address technical measures and financial incentive schemes as a means of helping Member States to comply with Union air quality legislation, by assessing possible action against air pollution in densely populated areas, and with due respect for the Union rules on state aid.
By 31 December 2020, the Commission shall submit a report to the European Parliament and to the Council regarding:
- (a) the assessment of further pollutant emission reduction potential, on the basis of available technologies and a cost-benefit analysis. In particular, for engines of categories IWP and IWA, the assessment of the technological and economic feasibility of:
- (i) a further reduction in the emission limit value for PN and NOx emissions;
- (ii) a further reduction in the A-factor for fully and partially gaseous-fuelled engines in the framework of a climate-neutral operation compared to diesel-fuelled engines; and
- (iii) the addition of PN limit values to those engine categories for which such values have not been set out in Annex II to this Regulation;
- (b) the identification of potentially relevant pollutant types that do not fall within the scope of this Regulation.
By 31 December 2025, the Commission shall submit a report to the European Parliament and to the Council regarding the use of the exemption clauses provided for in Article 34(4) and (5), and the monitoring of the results of the emission tests set out in Article 19 and the conclusions thereof.
In addition, the report shall evaluate the tests required for EU type-approval as set out in Articles 24 and 25, with a particular focus on the extent to which those tests correspond to real engine operation conditions, and it shall also evaluate the feasibility of introducing tests for particulate pollutant emissions as part of the in-service testing set out in Article 19.
The reports referred to in paragraphs 2 and 3 shall:
- (a) be based on consultation with the relevant stakeholders;
- (b) take into account existing related Union and international standards; and
- (c) be accompanied, where appropriate, by legislative proposals.
Article 61
Amendments to Directive 97/68/EC
Directive 97/68/EC is amended as follows:
- (1) in Article 9(4a), the following subparagraphs are added: ‘By way of derogation from the first subparagraph, Member States may authorise, on request by an OEM, the placing on the market of engines that meet Stage III A emission limit values, provided that those engines are intended for installation in non-road mobile machinery to be used in potentially explosive atmospheres, as defined in point (5) of Article 2 of Directive 2014/34/EU of the European Parliament and of the Council ([^E0009]). Manufacturers shall provide the approval authority with evidence that the engines are installed exclusively in non-road mobile machinery certified as fulfilling those requirements. A label bearing the text “Engine for restricted use in machinery manufactured by”, followed by the name of the OEM and the unique reference of the associated derogation shall be affixed to any such engines, beside the engine statutory marking set out in section 3 of Annex I. By way of derogation from the first subparagraph, Member States may grant EU type-approval and authorise the placing on the market of engines of category RLL with a maximum net power greater than 2 000 kW that do not comply with the emission limits set out in Annex II, that are to be installed in locomotives which only run on a technically isolated 1 520 mm railway network. Those engines shall, as a minimum, comply with the emission limits that engines had to meet to be placed on the market on 31 December 2011.
- (2) in Article 10, the following paragraph is added: ‘8. Member States may decide not to apply this Directive to engines installed in cotton harvesting machinery.’.
Article 62
Amendment to Regulation (EU) No 1024/2012
In the Annex to Regulation (EU) No 1024/2012, the following point is added:
‘10.Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC ([^E0010]): Article 44.
Article 63
Amendment to Regulation (EU) No 167/2013
Article 19 of Regulation (EU) No 167/2013 is amended as follows:
- (1) paragraph 3 is replaced by the following: ‘3. The provisions on engine categories, exhaust emission limits, test cycles, emission durability periods, exhaust emission requirements, the monitoring of emissions of in-service engines and the conduct of measurements and tests, as well as the transitional provisions and provisions allowing the early EU type-approval and the placing on the market of Stage V engines laid down for non-road mobile machinery in Regulation (EU) 2016/1628 of the European Parliament and of the Council ([^E0011]) and the delegated and implementing acts adopted pursuant thereto shall apply. For the purposes of the placing on the market, registration or entry into service of tractors of categories T2, T4.1 and C2, the engines in the power range 56-130 kW meeting the Stage III B requirements shall be considered to be transition engines as defined in point (32) of Article 3 of Regulation (EU) 2016/1628.
- (2) in paragraph 6, the following subparagraph is added: ‘By way of derogation from the principle set out in the second subparagraph, the Commission shall be empowered to amend, by 31 December 2016, Commission Delegated Regulation (EU) 2015/96 ([^E0012]), so that:
- (a) for the purposes of EU type-approval for tractors of categories T2, T4.1 and C2, the period of postponement set out in Article 11(4) of Delegated Regulation (EU) 2015/96 is four years; and
- (b) under the flexibility scheme referred to in Article 14 of Delegated Regulation (EU) 2015/96, the flexibility allowed pursuant to point 1.1.1 of Annex V to that Delegated Regulation is increased to 150 % for tractors of categories T2, T4.1 and C2.
Article 64
Repeal
Without prejudice to Article 58(1) to (4) of this Regulation, Directive 97/68/EC is repealed with effect from 1 January 2017.
References to the repealed Directive shall be construed as references to this Regulation.
Article 65
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall apply from 1 January 2017, with the exception of Article 61, which shall apply from 6 October 2016.
From 6 October 2016, approval authorities shall not refuse to grant EU type-approval for a new engine type or engine family nor prohibit its placing on the market where that engine type or engine family complies with Chapters II, III, IV and VIII and the delegated and implementing acts adopted pursuant to this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Definition of engine sub-categories referred to in Article 4
Table I-1: Sub-categories of engine category NRE defined in point (1) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Sub-category | Reference power |
|---|---|---|---|---|---|
| NRE | CI | variable | 0 < P < 8 | NRE-v-1 | Maximum net power |
| NRE | CI | variable | 8 ≤ P < 19 | NRE-v-2 | Maximum net power |
| NRE | CI | variable | 19 ≤ P < 37 | NRE-v-3 | Maximum net power |
| NRE | CI | variable | 37 ≤ P < 56 | NRE-v-4 | Maximum net power |
| NRE | all | variable | 56 ≤ P < 130 | NRE-v-5 | Maximum net power |
| NRE | all | variable | 130 ≤ P ≤ 560 | NRE-v-6 | Maximum net power |
| NRE | all | variable | P > 560 | NRE-v-7 | Maximum net power |
| NRE | CI | constant | 0 < P < 8 | NRE-c-1 | Rated net power |
| NRE | CI | constant | 8 ≤ P < 19 | NRE-c-2 | Rated net power |
| NRE | CI | constant | 19 ≤ P < 37 | NRE-c-3 | Rated net power |
| NRE | CI | constant | 37 ≤ P < 56 | NRE-c-4 | Rated net power |
| NRE | all | constant | 56 ≤ P < 130 | NRE-c-5 | Rated net power |
| NRE | all | constant | 130 ≤ P ≤ 560 | NRE-c-6 | Rated net power |
| NRE | all | constant | P > 560 | NRE-c-7 | Rated net power |
Table I-2: Sub-categories of engine category NRG defined in point (2) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Sub-category | Reference power |
|---|---|---|---|---|---|
| NRG | all | variable | P > 560 | NRG-v-1 | Maximum net power |
| NRG | all | constant | P > 560 | NRG-c-1 | Rated net power |
Table I-3: Sub-categories of engine category NRSh defined in point (3) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Swept volume (cm3) | Sub-category | Reference power |
|---|---|---|---|---|---|---|
| NRSh | SI | variable or constant | 0 < P < 19 | SV < 50 | NRSh-v-1a | Maximum net power |
| NRSh | SI | variable or constant | 0 < P < 19 | SV ≥ 50 | NRSh-v-1b | Maximum net power |
Table I-4: Sub-categories of engine category NRS defined in point (4) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Swept volume (cm3) | Sub-category | Reference power |
|---|---|---|---|---|---|---|
| NRS | SI | variable ≥ 3 600 rpm; or constant | 0 < P < 19 | 80 ≤ SV < 225 | NRS-vr-1a | Maximum net power |
| NRS | SI | variable ≥ 3 600 rpm; or constant | 0 < P < 19 | SV ≥ 225 | NRS-vr-1b | Maximum net power |
| NRS | SI | variable < 3 600 rpm | 0 < P < 19 | 80 ≤ SV < 225 | NRS-vi-1a | Maximum net power |
| NRS | SI | variable < 3 600 rpm | 0 < P < 19 | SV ≥ 225 | NRS-vi-1b | Maximum net power |
| NRS | SI | variable or constant | 19 ≤ P < 30 | SV ≤ 1 000 | NRS-v-2a | Maximum net power |
| NRS | SI | variable or constant | 19 ≤ P < 30 | SV > 1 000 | NRS-v-2b | Maximum net power |
| NRS | SI | variable or constant | 30 ≤ P < 56 | any | NRS-v-3 | Maximum net power |
For engines < 19 kW with SV < 80 cm3 in machinery other than hand-held machinery, engines of the category NRSh shall be used.
Table I-5: Sub-categories of engine category IWP defined in point (5) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Sub-category | Reference power |
|---|---|---|---|---|---|
| IWP | all | variable | 19 ≤ P < 75 | IWP-v-1 | Maximum net power |
| IWP | all | variable | 75 ≤ P < 130 | IWP-v-2 | Maximum net power |
| IWP | all | variable | 130 ≤ P < 300 | IWP-v-3 | Maximum net power |
| IWP | all | variable | P ≥ 300 | IWP-v-4 | Maximum net power |
| IWP | all | constant | 19 ≤ P < 75 | IWP-c-1 | Rated net power |
| IWP | all | constant | 75 ≤ P < 130 | IWP-c-2 | Rated net power |
| IWP | all | constant | 130 ≤ P < 300 | IWP-c-3 | Rated net power |
| IWP | all | constant | P ≥ 300 | IWP-c-4 | Rated net power |
Table I-6: Sub-categories of engine category IWA defined in point (6) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Sub-category | Reference power |
|---|---|---|---|---|---|
| IWA | all | variable | 19 ≤ P < 75 | IWA-v-1 | Maximum net power |
| IWA | all | variable | 75 ≤ P < 130 | IWA-v-2 | Maximum net power |
| IWA | all | variable | 130 ≤ P < 300 | IWA-v-3 | Maximum net power |
| IWA | all | variable | P ≥ 300 | IWA-v-4 | Maximum net power |
| IWA | all | constant | 19 ≤ P < 75 | IWA-c-1 | Rated net power |
| IWA | all | constant | 75 ≤ P < 130 | IWA-c-2 | Rated net power |
| IWA | all | constant | 130 ≤ P < 300 | IWA-c-3 | Rated net power |
| IWA | all | constant | P ≥ 300 | IWA-c-4 | Rated net power |
Table I-7: Sub-categories of engine category RLL defined in point (7) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Sub-category | Reference power |
|---|---|---|---|---|---|
| RLL | all | variable | P > 0 | RLL-v-1 | Maximum net power |
| RLL | all | constant | P > 0 | RLL-c-1 | Rated net power |
Table I-8: Sub-categories of engine category RLR defined in point (8) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Sub-category | Reference power |
|---|---|---|---|---|---|
| RLR | all | variable | P > 0 | RLR-v-1 | Maximum net power |
| RLR | all | constant | P > 0 | RLR-c-1 | Rated net power |
Table I-9: Sub-categories of engine category SMB defined in point (9) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Sub-category | Reference power |
|---|---|---|---|---|---|
| SMB | SI | variable or constant | P > 0 | SMB-v-1 | Maximum net power |
Table I-10: Sub-categories of engine category ATS defined in point (10) of Article 4(1)
| Category | Ignition type | Speed operation | Power range (kW) | Sub-category | Reference power |
|---|---|---|---|---|---|
| ATS | SI | variable or constant | P > 0 | ATS-v-1 | Maximum net power |
ANNEX II
Exhaust emission limits referred to in Article 18(2)
Table II-1: Stage V emission limits for engine category NRE defined in point (1) of Article 4(1)
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