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Document 02017R0655-20221228

Consolidated text: 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 (Text with EEA relevance)Text with EEA relevance

ELI: http://data.europa.eu/eli/reg_del/2017/655/2022-12-28

02017R0655 — EN — 28.12.2022 — 002.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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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

(Text with EEA relevance)

(OJ L 102 13.4.2017, p. 334)

Amended by:

 

 

Official Journal

  No

page

date

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COMMISSION DELEGATED REGULATION (EU) 2018/987 of 27 April 2018

  L 182

40

18.7.2018

►M2

COMMISSION DELEGATED REGULATION (EU) 2022/2387 of 30 August 2022

  L 316

1

8.12.2022




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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

(Text with EEA relevance)



Article 1

Subject matter

This Regulation establishes detailed arrangements with regard to the selection of engines, test procedures and reporting of results relating to monitoring of gaseous pollutant emissions from in-service internal combustion engines installed in non-road mobile machinery using portable emission measurement systems.

Article 2

Scope

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1.  

This Regulation applies to monitoring of the gaseous pollutant emissions from the following categories of in-service engines of emission Stage V installed in non-road mobile machinery regardless of when the EU type-approval for those engines was granted:

(a) 

NRE and NRG (all sub-categories);

(b) 

NRS-vi-1b, NRS-vr-1b, NRS-v-2a, NRS-v-2b and NRS-v-3;

(c) 

IWP and IWA (all sub-categories);

(d) 

RLL and RLR (all sub-categories);

(e) 

ATS;

(f) 

SMB;

(g) 

NRSh (all sub-categories);

(h) 

NRS-vi-1a and NRS-vr-1a.

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2.  
This Regulation applies to engine manufacturer.

This Regulation does not apply to original equipment manufacturer.

3.  
This Regulation does not apply where the manufacturer demonstrates to the approval authority that it is not able to obtain access to any engine installed in a non-road mobile machinery for the purposes of in-service monitoring.

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Article 3

Procedures and requirements for monitoring of emissions of in-service engines

Gaseous pollutant emissions from in-service engines referred to in Article 19(1) of Regulation (EU) 2016/1628 shall be monitored as follows:

(a) 

For those engines referred to in Article 2(1), points (a) to (f), monitoring shall be conducted in accordance with the Annex to this Regulation.

(b) 

For those engines referred to in Article 2(1), points (g) and (h):

(i) 

the Annex to this Regulation shall not apply.

(ii) 

the aging procedure used to establish the deterioration factor (DF) for the engine type, or, where applicable the engine family, as required by section 4.3 of Annex III to Commission Delegated Regulation (EU) 2017/654 ( 1 ), including any automated element, shall be designed to allow the manufacturer to appropriately predict the in-use emission deterioration expected over the emission durability period (EDP) of those engines under typical use.

(iii) 

the Commission shall, every 5 years, in cooperation with manufacturers, conduct a pilot programme involving the most recent engine types in order to ensure that the procedure to determine DFs set out in section 4 of Annex III to Delegated Regulation (EU) 2017/654 remains suitable and effective to control pollutant emissions over the useful life of engines.

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Article 3a

Transitional provisions

1.  
Notwithstanding the application of the provisions of this Regulation, as amended by Commission Delegated Regulation (EU) 2018/987 ( 2 ), approval authorities shall, until 31 December 2018, also continue to grant EU type-approvals to engine types or engine families in accordance with this Regulation, in its version applicable on 6 August 2018.
2.  
Notwithstanding the application of the provisions of this Regulation, as amended by Delegated Regulation (EU) 2018/987, the Member States shall, until 30 June 2019, also permit the placing on the market of engines based on an engine type approved in accordance with this Regulation, in its version applicable on 6 August 2018.

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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.

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Article 4

Entry into force

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.




ANNEX

1.    General requirements for in-service monitoring

1.1.

For the purposes of this Annex ‘category of non-road mobile machinery’ means a grouping of non-road mobile machinery that fulfil the same generic function(s),

1.2.

The manufacturer shall obtain access to engines installed in non-road mobile machinery in order to conduct in-service monitoring tests.

When conducting the in-service monitoring test the manufacturer shall perform the emissions data sampling, measurement of exhaust parameters and data logging of an in-service engine installed in a non-road mobile machinery operated over its normal operating duty cycles until reaching the minimum test duration as set out in point 2 of Appendix 2.

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1.2.a.

In-Service Monitoring Engine Group (ISM Group)

For the carrying out of in-service testing, all engine types and engine families produced by the manufacturer shall be grouped in accordance with its sub-category as set out in Table 1 and illustrated in Figure 1. One manufacturer may have one ISM Group for each possible type of ISM Group.



Table 1

ISM Groups

ISM Group

Engine (sub-)categories

A

NRE-v-5, NRE-v-6

B

NRE-c-5, NRE-c-6

C

NRE-v-3, NRE-v-4

D

NRE-c-3, NRE-c-4

E

NRE-v-1, NRE-c-1, NRE-v-2, NRE-c-2

F

NRE-v-7, NRE-c-7

G

NRG-v-1, NRG-c-1

H

NRS-v-2b, NRS-v-3

I

NRS-vr-1b, NRS-vi-1b, NRS-v-2a

J

IWP-v-1, IWP-c-1, IWA-v-1, IWA-c-1, IWP-v-2, IWP-c-2, IWA-v-2, IWA-c-2

K

IWP-v-3, IWP-c-3, IWA-v-3, IWA-c-3

L

IWP-v-4, IWP-c-4, IWA-v-4, IWA-c-4

M

RLL-v-1, RLL-c-1

N

RLR-v-1, RLR-c-1

O

SMB-v-1

P

ATS-v-1

Figure 1

Illustration of ISM Groups

image

1.2.b. The approval authority ensuring the compliance with this Regulation shall be either:

(a) 

the approval authority that granted the type-approval of the engine type or engine family, in case that the ISM Group contains a single type-approval;

(b) 

the approval authority that granted the type-approval of several engine types and/or engine families within the same ISM Group;

(c) 

in the case that the ISM Group contains engine types, and/or engine families, approved by different approval authorities, the approval authority designated by all approval authorities involved.

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1.3.

Engines subject to in-service monitoring test shall:

(a) 

be installed in one of the most representative categories of non-road mobile machinery for the selected engine type or, where applicable, engine family;

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(c) 

have a maintenance record to show that the engine has been properly maintained and serviced in accordance with the manufacturer's recommendations;

(d) 

exhibit no indications of misuse (e.g. overloading or misfuelling), or other factors (such as tampering) that could affect the gaseous pollutant emissions performance;

(e) 

be in conformity with the EU type-approval documents with regard to the components of the emission control system(s) installed in the engine and in the non-road mobile machinery.

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1.4.

Engines with an Electronic Control Unit (ECU) and a communication interface intended to provide the necessary data as specified in Appendix 7, but with a missing interface or missing data, or where it is not possible to achieve clear identification and validation of the necessary signals, shall not be eligible for in-service monitoring test, and an alternative engine shall be selected.

The approval authority shall not accept the absence of an ECU or interface, or absent or invalid signals, or lack of conformity of the ECU torque signal, as a reason to reduce the number of engines to be tested under this Regulation.

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1.5.

Engines where the collection of ECU data influences the non-road mobile machinery gaseous pollutant emissions or performance shall be considered as non-eligible for in-service monitoring test. Notwithstanding the requirements of article 39 of Regulation (EU) 2016/1628, an alternative engine shall only be selected if the manufacturer can substantially prove to the approval authority the absence of any defeat strategy.

2.    Plan for monitoring in-service engines

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2.1.

The manufacturer shall submit the initial plan for monitoring each ISM Group to the approval authority within:

(a) 

for ISM Group A, one month of the start of production of any engine type or engine family within the ISM Group;

(b) 

for any other ISM Group, the later date of the following:

(i) 

26 June 2023;

(ii) 

1 month after the start of production of any engine type or engine family within the ISM Group.

2.2.

The initial plan shall include the list of engine types and engine families in the ISM Group, together with the criteria used for and the justification of the selection of:

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(a) 

the engine families or engine types and category(ies) of non-road mobile machinery included in the plan;

(b) 

the list of particular engine(s) and non-road mobile machinery selected for in-service monitoring test, if already identified;

(c) 

the chosen testing scheme.

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2.3.

Manufacturers shall submit to the approval authority an updated plan for monitoring in-service engines whenever the list of engine families in the ISM Group changes or the list of particular engine(s) and non-road mobile machinery selected is completed or revised. The updated plan shall include a justification of the criteria used for the selection and the reasons for revising the previous list, if applicable. Where the number of engine families in the ISM Group or the annual production volume for the Union market changes, the plan with the number of tests to be executed in accordance with point 2.6, shall also be adjusted accordingly.

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2.4.

The approval authority shall approve the initial and subsequently updated plan(s) or request the appropriate amendments within 2 months of their submission, and shall ensure that the final plan includes the widest variety of engine types and categories of non-road mobile machinery.

2.5.

Each initial or subsequently updated monitoring plan shall be approved by the approval authority before the testing of engines and non-road mobile machinery identified therein is started.

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2.6.

Criteria for selection of engines to be tested

The number of engines to be tested refers to the ISM group, and not to the engine sub-categories, engine families or engine types belonging to ISM group.

The manufacturer shall select engines that represent, in a balanced manner, the sub-categories, engine families and engine types belonging to the ISM group. This should not necessarily imply testing engines belonging to each engine sub-category, engine family or engine type.

For ISM groups containing both category IWP and IWA the engine selection shall include, to the extent possible, engines of both categories.

2.6.1.   Testing scheme for ISM group A

The manufacturer shall choose one of the following testing schemes described in points 2.6.1.1 and in 2.6.1.2 for in-service monitoring.

2.6.1.1.   Testing scheme based on the Emission Durability Period (EDP)

2.6.1.1.1. Testing 9 engines from the ISM group with an accumulated service of less than a % of the EDP, in accordance with Table 2. Test results shall be submitted to the approval authority by 26 December 2024.

2.6.1.1.2. Testing 9 engines from the ISM group with an accumulated service higher than b % of the EDP, in accordance with Table 2. Test reports shall be submitted to the approval authority by 26 December 2026.

2.6.1.1.3. When the manufacturer cannot fulfil the requirement under point 2.6.1.1 due to unavailability of engines with the required service accumulation of point 2.6.1.1.2, the approval authority may permit testing of engines under this point with an accumulated service between 2 times a % and b % of the EDP, subject to the manufacturer providing robust evidence that they have selected engines with the highest available service accumulation. As an alternative, the approval authority shall accept a change to the testing scheme based on a 4-year period set out in point 2.6.1.2. In that case, the total number of engines to be tested under point 2.6.1.2 shall be reduced by the number of engines already tested and reported in accordance with point 2.6.1.1.



Table 2

% of EDP values for ISM group defined in 2.6.1

Reference power of selected engine (kW)

a

b

56 ≤ P < 130

20

55

130 ≤ P ≤ 560

30

70

2.6.1.2.   Testing scheme based on a 4-year period

Every manufacturer shall test an average of nine engines per year from the ISM group during 4 consecutive years.The test reports shall be submitted to the approval authority every year for the tests that have been performed. The schedule for testing and submitting results shall be included in the initial plan, and in any subsequently updated plan, for monitoring in-service engines submitted by the manufacturer and approved by the approval authority.

2.6.1.2.1. The test results of the first nine engines shall be submitted not later than 24 months after the first engine was installed in non-road mobile machinery and not later than 30 months after starting the production of an approved engine type or engine family within the ISM group.

2.6.1.2.2. Where the manufacturer demonstrates to the approval authority that no engine has been installed in non-road mobile machinery 30 months after starting the production, the test results shall be submitted after the installation of the first engine, on a date agreed with the approval authority.

2.6.1.2.3. Small-volume manufacturers

The number of engines tested shall be adapted in case of small-volume manufacturers as follows:

(a) 

manufacturers producing only two engine families within an ISM group shall submit an average of six engine test results per year;

(b) 

manufacturers producing for the Union market more than 250 engines per year of an ISM group containing only one single engine family shall submit an average of three engine test results per year;

(c) 

manufacturers producing for the Union market between 125 and 250 engines per year of an ISM group containing only one single engine family shall submit an average of two engine’s test results per year;

(d) 

manufacturers producing for the Union market fewer than 125 engines per year of an ISM group containing only one single engine family shall submit an average of one engine’s test results per year.

The approval authority shall verify the declared production quantities are not exceeded during the 4-year period that the manufacturer conducts testing. If these quantities are exceeded at any point, the manufacturer shall test an average of nine engines per year for the remaining years of the 4-year period for which results have not been reported.

2.6.2.   Testing scheme for ISM groups B, F, G, J, K, L, M and N

The manufacturer shall choose, for each group, one of the following testing schemes described in points 2.6.2.1 and in 2.6.2.2 for in-service monitoring.

2.6.2.1.   Testing scheme based on the Emission Durability Period (EDP)

2.6.2.1.1. Testing x engines from the ISM group with an accumulated service of less than c % of the EDP, in accordance with Table 3. Test results shall be submitted to the approval authority by 26 December 2024.

2.6.2.1.2. Testing x engines from the ISM group with an accumulated service higher than d % of the EDP, in accordance with Table 3. Test results shall be submitted to the approval authority by 26 December 2026.

2.6.2.1.3. When the manufacturer cannot fulfil the requirements set out in points 2.6.2.1.1 and 2.6.2.1.2 due to unavailability of engines with the required service accumulation, the approval authority may permit testing of engines under this point with an accumulated service between 2 times c % and d % of the EDP, subject to the manufacturer providing robust evidence that they have selected engines with the highest available service accumulation. As an alternative, the approval authority shall accept a change to the testing scheme based on a 4-year period set out in point 2.6.2.2. In that case, the total number of engines to be tested under point 2.6.2.2 shall be reduced by the number of engines already tested and reported in accordance with points 2.6.2.1.1 and 2.6.2.1.2.

2.6.2.1.4. When the test report of a Stage IIIB engine family equivalent to category RLL is used to obtain a corresponding Stage V type-approval for that engine family in accordance with Article 7(2) of Implementing Regulation (EU) 2017/656 and the engine manufacturer cannot fulfil the requirements under points 2.6.2.1.1 and 2.6.2.1.2 due to unavailability of Stage V engines with the required service accumulation, the approval authority shall accept the selection of a Stage IIIB engine to comply with the requirements of points 2.6.2.1.1 and 2.6.2.1.2.



Table 3

% of EDP values for ISM groups defined in 2.6.2.1

Reference power of selected engine (kW)

c

d

P < 56

10

40

56 ≤ P < 130

20

55

P ≥ 130

30

70



Table 4

Number of engines to be tested for ISM groups defined in 2.6.2, 2.6.3.1 and 2.6.4.1

N

CA

x

1

-

1

2 ≤ N ≤ 4

-

2

> 4

≤ 50

2

5 ≤ N ≤ 6

> 50

3

≥ 7

> 50

4

Where:

N

=

Total number of EU engine families produced by the manufacturer within the ISM group

CA

=

Combined annual production for EU market for the remaining engine families produced by the manufacturer within an ISM group after discarding the four families with the highest annual production for EU market.

x

=

Number of engines to be tested

2.6.2.2.   Testing scheme based on a 4-year period

Testing an average of x engines from the ISM group per year during 4 consecutive years, in accordance with Table 4. Test reports shall be submitted to the approval authority every year for the tests that have been performed. The schedule for testing and submitting results shall be included in the initial plan, and in any subsequently updated plan, for monitoring in-service engines submitted by the manufacturer and approved by the approval authority.

2.6.2.2.1. The test results of the first x engines shall be submitted before the later date of the following:

(a) 

26 December 2024;

(b) 

12 months after the first engine was installed in non-road mobile machinery;

(c) 

18 months after starting the production of an approved engine type or engine family within the ISM group.

2.6.2.2.2. When the manufacturer demonstrates to the approval authority that no engine has been installed in non-road mobile machinery 18 months after starting the production, the test results shall be submitted after the installation of the first engine, on a date agreed with the approval authority.

2.6.2.2.3. Small-volume manufacturers

The number of engines tested shall be adapted in case that the combined annual production across all engine families in an ISM group does not exceed 50 engines (small volume manufacturers), as follows:

(a) 

manufacturers producing a total between 25 and 50 engines per year for the Union market across all families in a given ISM group shall submit either:

(i) 

one engine test results with an accumulated service between c % and d % of EDP as defined in Table 3 by 26 December 2025, or;

(ii) 

an average of one engine test results per year over 2 years, starting 12 months after the first engine was installed in non-road mobile machinery,

(b) 

manufacturers producing a total of fewer than 25 engines per year for the EU market across all families in a given ISM group need not submit any engine test unless the production exceeds 35 engines in a two-year rolling period, in which case the manufacturer shall follow the same scheme as set out in sub-point (a).

The approval authority shall verify that the declared production quantities are not exceeded during the periods set out in the first paragraph, sub-point (a). If those quantities are exceeded at any point, the manufacturer shall change to one of the testing schemes set out in points 2.6.2.1. and 2.6.2.2. In that case, the total number of engines to be tested under those points shall be reduced by the number of engines already tested and reported in accordance with this point.

2.6.3.   ISM groups C, D, E, H and I

The manufacturer shall choose, for each group, one of the testing schemes described in point 2.6.2 or the testing scheme based on age of equipment described in section 2.6.3.1 for in-service monitoring.

2.6.3.1.   Testing scheme based on the age of non-road mobile machinery (see Figure 2 for reference)

2.6.3.1.1. Testing x engines from the ISM group with non-road mobile machinery production year not more than 2 years prior to the date of that test, (see Figure 2), in accordance with Table 4. Test results shall be submitted to the approval authority by 26 December 2024.

2.6.3.1.2. Testing x engines from the ISM group with non-road mobile machinery production year not less than 4 years prior to the date of that test, (see Figure 2), in accordance with Table 4. Test results shall be submitted to the approval authority by 26 December 2026.

2.6.3.1.2.1. Robust evidence shall be provided to the approval authority that each engine selected for testing under point 2.6.3.1.2 has been used each year in a manner and to an extent similar to that of the population of corresponding engines placed on the Union market. Suitable evidence may include characteristics demonstrating normal wear, records of use, records of maintenance and records of fuel consumed.

2.6.3.1.3. When the manufacturer cannot fulfil the requirements set out in points 2.6.3.1.1 and 2.6.3.1.2 due to unavailability of engines with the required non-road mobile machinery production year or insufficient evidence of use, the approval authority shall accept a change to the testing scheme based on a 4-year period set out in point 2.6.2.2. In that case, the total number of engines to be tested under point 2.6.2.2 shall be reduced by the number of engines already tested and reported in accordance with points 2.6.3.1.1 and 2.6.3.1.2.

Figure 2

Illustration of eligible engines for ISM test based on age of non-road mobile machinery