Commission Delegated Regulation (EU) 2018/989Show full title

Commission Delegated Regulation (EU) 2018/989

of 18 May 2018

amending and correcting Delegated Regulation (EU) 2017/654 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery

(Text with EEA relevance)

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 25(4)(a-d), Article 26(6), Article 42(4)(b) and Article 43(5) thereof,

Whereas:

(1) In order to enable the use of certain fuels legally marketed in some Member States without imposing an additional burden on manufacturers, the permitted content of fatty-acid methyl ester (‘FAME’) should be 8,0 % v/v instead of 7,0 % v/v.

(2) In order to ensure consistency with Article 7(2) of Commission Implementing Regulation (EU) 2017/656(2), where an existing RLL test report is submitted to obtain a Stage V type approval in accordance with that Article, it should be permitted to use the same version of ‘F’ test type cycle for the purposes of checking the conformity of production of engines type-approved on that cycle.

(3) In order to improve the testing procedures for engines without an after-treatment system, specific requirements for determining deterioration factors should be established for engines without an after-treatment system.

(4) In order to consider all possible emission control strategies, the technical requirements relating to emission control strategies should include the base emission control strategy and not only the auxiliary emission control strategy.

(5) Emission control strategies' requirements were originally laid down for engines subject to a transient cycle. However, those requirements are not suitable for engines only subject to the NRSC which are not tested on a transient cycle. Existing engine transient emission control strategies should therefore be adapted to those engines by distinguishing between the conditions on the emission test (steady-state only) and any other operating conditions (transient).

(6) In order to take into account the regeneration of an after-treatment system during the demonstration based on random point selection in accordance with point 3 of Annex V to Commission Delegated Regulation (EU) 2017/654(3) and to clarify that an engine after-treatment system may regenerate before the emission test cycle is run, the test requirements referred to in point 4 of Annex V of Delegated Regulation (EU) 2017/654 should be modified accordingly with new specific provisions on regeneration.

(7) In addition, to reduce the likelihood of regeneration during the test, the minimum sample time when the discrete-mode NRSC is used for the demonstration based on random point selection in accordance with point 3 of Annex V to Delegated Regulation (EU) 2017/654 should be reduced to 3 minutes per point.

(8) For the purpose of comprehensiveness, the manufacturer should include in the information folder as set out in Part A of Annex I to Implementing Regulation (EU) 2017/656 demonstration reports documenting the demonstrations conducted pursuant to specific technical requirements and procedures set out in Delegated Regulation (EU) 2017/654.

(9) The reference to the provisions of Regulation (EU) 2016/1628 requiring that deterioration factors are taken into account in the emission laboratory test results set out in Article 4 of Delegated Regulation (EU) 2017/654 is incorrect and should be corrected.

(10) To ensure consistency of Regulation (EU) 2016/1628 and all Delegated and Implementing Regulations adopted pursuant to that Regulation, some requirements applicable to engine-after-treatment system families should also be applicable to engine families, or groups of engine families.

(11) Certain changes should be made to provisions containing contradictions or redundant information and certain references should be corrected.

(12) Following the publication of Delegated Regulation (EU) 2017/654, further errors of different types, such as terminology and numbering, have been detected and need to be corrected.

(13) Delegated Regulation (EU) 2017/654 should therefore be amended and corrected accordingly,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 252, 16.9.2016, p. 53.

(2)

Commission Implementing Regulation (EU) 2017/656 of 19 December 2016 laying down the administrative requirements relating to emission limits and type-approval of internal combustion engines for non-road mobile machinery in accordance with Regulation (EU) 2016/1628 of the European Parliament and of the Council (OJ L 102, 13.4.2017, p. 364).

(3)

Commission Delegated Regulation (EU) 2017/654 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery (OJ L 102, 13.4.2017, p. 1).