Commission Delegated Regulation (EU) 2022/2387 of 30 August 2022 amending Delegated Regulation (EU) 2017/655 as regards the adaptation of the provisions on monitoring of gaseous pollutant emissions from in-service internal combustion engines installed in non-road mobile machinery to include engines with power of less than 56 kW and more than 560 kW

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 19(2) thereof,

Whereas:

(1) The Commission has carried out additional in-service monitoring programmes in cooperation with manufacturers to assess the suitability of monitoring tests and data analyses for measuring the emissions from non-road mobile machinery, regarding engines other than sub-categories NRE-v-5 and NRE-v-6, in actual operation over their normal operating duty cycles. As a consequence, appropriate in-service monitoring provisions for those sub-categories should be laid down in Delegated Regulation (EU) 2017/655 (2).

(2) Taking into account the disruption caused by the COVID-19 pandemic and its impact on the manufacturers’ ability to perform in-service monitoring tests, in order to provide sufficient time to manufacturers to perform the tests and to the Commission to assess the test results and produce the report to the European Parliament and the Council as required under Regulation (EU) 2016/1628, it is necessary to modify the deadlines for submitting in-service monitoring test reports.

(3) The COVID-19 pandemic has demonstrated that unexpected events outside the control of the manufacturer may make it impossible to conduct the monitoring of in-service engines as planned. Given the continued disruption caused by the COVID-19 pandemic, the approval authority should accept a reasonable adjustment of the original plan for monitoring each In-Service Monitoring Engine Group (ISM Group).

(4) The amendments set out in this Regulation should not influence the monitoring of gaseous pollutant emissions from in-service internal combustion engines with power between 56 kW and 560 kW (sub-categories NRE-v-5 and NRE-v-6). For those sub-categories the changes introduced are limited to administrative adjustments that include their inclusion in an ISM Group, thus irrelevant for that monitoring. It is therefore appropriate that EU type-approvals of an engine type or engine family approved in accordance with Delegated Regulation (EU) 2017/655 before the day of entry into force of this Regulation remain valid.

(5) Delegated Regulation (EU) 2017/655 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) 2017/655

Delegated Regulation (EU) 2017/655 is amended as follows:

(3) in Article 3a, the following paragraph 3 is added: ‘3.   EU type-approvals of an engine type or engine family approved in accordance with this Regulation before 26 December 2022 shall not be required to be revised or extended as a result of the testing carried out in accordance with the requirements of the Annex.’;

(4) the Annex to Delegated Regulation (EU) 2017/655 is amended in accordance with the Annex to this Regulation.

Article 2

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 be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 August 2022.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 252, 16.9.2016, p. 53.

(2) Commission Delegated Regulation (EU) 2017/655 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to monitoring of gaseous pollutant emissions from in-service internal combustion engines installed in non-road mobile machinery (OJ L 102, 13.4.2017, p. 334).