Euromot response to European Commission Brexit roadmap for NRMM & AG Tractors

Transcription

1 The European Association of Internal Combustion Engine Manufacturers EUROMOT POSITION 9 May 2018 Euromot response to European Commission Brexit roadmap for NRMM & AG Tractors EUROMOT position on the roadmap for a regulation complementing EU type-approval legislation with regard to the UK withdrawal from the European Union (Brexit preparedness) in relation to Regulation (EU) 2016/1628 concerning the type-approval of engines for use in non-road mobile machinery and Regulation (EU) 167/2013 concerning the type-approval of agricultural and forestry vehicles in regard to engine exhaust emissions. EUROMOT supports the action proposed by European Commission to provide a legislative solution for the replacement of UK-issued type-approvals by corresponding approvals issued by EU-27 type-approval authorities. In the absence of a trade deal giving full mutual recognition of type-approvals issued by UK and by EU-27 type-approval authorities it is critical for our industry that there is a clear and timely solution to ensure that manufacturers currently relying upon UK-issued approvals are not disadvantaged when Brexit occurs. In the case of Regulations (EU) 2016/1628 and 167/2013 the date of UK withdrawal from the EU of 30 March 2019 falls during the phase-in of Stage V exhaust emission requirements. The corresponding concerns faced by our industry fall broadly into three categories, firstly issues related to UK-issued EU type-approvals invalidated by the UK withdrawal from the EU, secondly issues related to UK-issued EU type-approvals invalidated by a placing on the market deadline prior to the date of UK withdrawal but which are still relied upon by manufacturers for the placing on the market of non-road mobile machinery, agricultural and forestry vehicles, or engines for those machines or vehicles, and thirdly, any remaining exemptions or derogations issued by the UK and relied upon for placing on the market in the EU. There are also questions regarding the President: Georg Diderich General Manager: Dr Peter Scherm ENGINE IN SOCIETY A European Interest Representative (EU Transparency Register Id. No ) A Non Governmental Organisation in observer status with the UN Economic Commission for Europe (UNECE) and the UN International Maritime Organisation (IMO)

2 Page 2 of 6 use of type-approvals issued according to UN ECE Regulation R 96. Further context on the specific concerns related to this sector is provided later in this document. Regarding timing, EUROMOT notes that there is only 10 months between the publication of this roadmap and the date of UK withdrawal. Assuming the proposed regulation is adopted, supported by European Parliament and Council, and enters into force, the amount of work involved for manufacturers to seek, and EU-27 type-approval authorities to grant, replacement type-approvals is extensive. This is compounded in the case of agricultural vehicles where the engine manufacturer must obtain a new type-approval for the engine before the vehicle manufacturer can obtain a new type-approval for the vehicle. EUROMOT is concerned that unless this proposed regulation enters into force no later than six months prior to the date of UK withdrawal there will be insufficient time to obtain replacement type-approvals for all affected engines, machines and vehicles. Consequently, this regulatory proposal must be fast-tracked to achieve the desired impact, and must include some form of transition clause to cover the inevitable cases where it is not possible to complete the process of obtaining all necessary approvals prior to the date of withdrawal. EUROMOT notes that this initiative by the European Commission is intended to result in a Regulation, the applicability of which will be limited in time. EUROMOT requests that the proposed Regulation remains in-force for an adequate period of time after UK withdrawal to ensure that manufacturers have time to make all necessary changes. Given the ongoing negotiation between the UK and EU of a transition period up to 31 December 2020, and therefore the uncertainty as to whether recognition of UK-issued EU type-approvals will actually end on the date of withdrawal or this later date, it would be prudent to ensure that the proposed Regulation remains in-force until at least 31 December 2020 in order to avoid the need for a further regulation in the event of the ratification of such a transition period. Further context on the specific concerns related to Regulation (EU) 2016/1628 concerning the type-approval of engines for use in non-road mobile machinery and Regulation (EU) 167/2013 concerning the type-approval of agricultural and forestry vehicles in regard to engine exhaust emissions. 1. UK-issued EU type-approvals invalidated by the UK withdrawal from the EU This comprises type-approvals of the following engine exhaust emission categories and of any non-road mobile machine, agricultural vehicle or forestry vehicle relying upon that approval: a) Stage V or SPE type-approval of any category b) Variable speed Stage IV type-approval of category R c) Constant speed Stage IIIA type-approval of category I or J ( kw only) d) Stage IIIA inland waterway type-approval of category V ( 300 kw only) e) Stage IIIB rail type-approval of category RB or RCB In the case of points b), c) and d), on the date of UK withdrawal from the EU the respective Stage V type-approval deadline will have passed, preventing the granting of replacement type approvals for these categories unless permitted by the proposed new regulation. Consequently, the ability to obtain a new type-approval for the same type already in production, the ability to use existing test reports for the granting of the type-approval regardless of the technical service that issued the report and the allowance for type-approving against the requirements new engines have to meet for placing on the market, rather than those for new types, are critical in these cases.

3 Page 3 of 6 EUROMOT requests that the proposal from the European Commission goes further and considers how to minimise the administrative burden on those affected manufacturers in the case of points b) to e) in the above list. In case of points b) to d) the period during which normal production can continue after UK withdrawal is only 9 months and for point e) only 21 months. Moreover, it is anticipated that there will be engines in these categories that are produced prior to the date of withdrawal and marked with the UK type-approval number, but that will be in the supply chain though not yet placed on the market, especially in the case of transition engines. Consequently, making changes to engine markings and downstream machine or vehicle documentation for such a limited period across all manufacturers, involving hundreds of engine types and even more machine/vehicle types, including for engines that are already in the supply chain, would be highly burdensome and disproportionate. The approach to be applied to these engines should ensure that the use of the original UK-issued type-approval number can be retained in engine markings and downstream machine or vehicle documentation, potentially in conjunction with the use of a stand-alone correlation table or certificate containing the corresponding new type-approval number issued by an EU-27 approval authority, to which registration or market surveillance authorities could refer. A key aspect of the non-road mobile machinery, agricultural vehicle and forestry vehicle sector is the high number of machine and vehicle manufacturers that do not manufacture engines but instead purchase engines on the open market, and the broad geographic spread of engine and machine or vehicle manufacture. Consequently, it would not be viable for the entire supply chain relying upon a given UK-issued EU type-approval to switch to a type-approval issued by an EU-27 approval authority at a single moment in time. That change could only cascade through the supply chain over a period of months. Unless a correlation table or similar approach is used, the proposed Regulation must enable both the UK-issued EU type-approval and markings, and the EU-27-issued EU type-approval and markings to co-exist for sufficient time for the product with the UK markings to be exhausted from the supply chain. 2. UK-issued EU type-approvals invalidated by a placing on the market deadline prior to the date of UK withdrawal but which are still relied upon by manufacturers for specific transition clauses or exemptions These can be further subdivided into two groups, firstly those for which, by the date of UK withdrawal from the EU, the deadline for engine production has already passed and consequently the engines have already been produced and marked with the UK-issued typeapproval number, are in the supply chain, but may not yet have been placed on the market, and secondly those for which both production and placing on the market may still continue. a) Engine production deadline prior to date of withdrawal. This comprises type-approvals of engines to be placed on the market under the transition scheme of 2016/1628 Article 58(5)-58(8). Specifically, variable speed Stage IIIA engines of category K, variable speed Stage IIIB engines of category P, variable speed Stage IV engines of category Q, constant speed Stage IIIA engines of categories H, J (< 56 kw) & K, Stage IIIA inland waterway engines of category V (< 300 kw) Stage II spark ignition engines of category SN or SH, Stage I spark ignition engines of category SN or SH in case of a manufacturer using the small volume engine family exemption in 97/68/EC Article 10(4). In this case, whilst the production of engines will have ceased prior to the withdrawal date, production of machines and vehicles using these engines will continue after the withdrawal date, as will the placing on the market of engines, machines and vehicles. b) Engine production deadline after date of withdrawal. This comprises type-approvals of

4 Page 4 of 6 certain categories of engines to be placed on the market under the transition scheme of 2016/1628 Article 58(5)-58(8), type-approvals associated with certain categories of flexibility engines to be placed on the market under the OEM flexibility scheme of 97/68/EC Article 10(5)&(7), type-approvals associated with replacement engines to be placed on the market under 97/68/EC Article 10(1a)&(1b) or 2016/1628 Articles 58(11)(b) or 34(7), type-approvals associated with engines for installation in non-road mobile machinery to be used in potentially explosive atmospheres under 97/68/EC Article 9(4a), and any type-approvals associated with the exemption for railway projects at an advanced stage of development on 06 Oct 2016 under 2016/1628 Article 34(8) that have been noted to European Commission. The list of impacted typeapprovals is as follows: i. Transition engines: Variable speed Stage IIIB type-approval of category N or M (for narrow-track tractors only). ii. Flex engines: Variable speed Stage IIIB type-approval of category N or M, constant speed Stage II type-approval of category F or G ( kw only). iii. Replacement engines: Type-approvals of multiple emission stages of categories A through Q, Stage IIIA rail type-approvals of categories RL, RH and RC, and Stage IIIB rail type-approvals of engine categories RB and RCB. iv. Potentially explosive atmospheres: Variable speed Stage IIIA type-approval of category I or J ( kw only). v. Rail projects at an advanced stage of development on 06 Oct 2016: Stage IIIB rail type-approvals of engine categories RB and RCB. EUROMOT currently understands that placing on market of engines under specific transition clauses or exemptions listed in points a) and b) of this section and the production and placing on the market of non-road mobile machines, agricultural vehicles and forestry vehicles using those engines is not prevented by the UK withdrawal and does not require any action by manufacturers. This is concluded on the basis that the approvals were in any case invalidated by a placing on the market deadline prior to the date of UK withdrawal, rather than being invalidated by the UK withdrawal and consequently those type-approvals have similar status to any type-approval issued by EU-27 type-approval authorities that have similarly been invalidated by a prior placing on the market deadline. IMPORTANTLY, in case EUROMOT understanding on this point is incorrect, then in order not to disadvantage manufacturers with UK-issued type-approvals the proposed Regulation must also provide a clear and effective solution in regard to these previously invalidated UK-issued EU type-approvals used as part of a transition or exemption provision. 3. Remaining exemptions or derogations issued by the UK and relied upon for placing on the market in the EU This section refers not to the granting of type-approvals, but rather to authorisations for use of those type-approvals. As in the case of section 2 of this document this means the use of typeapprovals that have previously been invalidated by a prior placing on the market deadline. However, in this case although the authorisation to use the exemption or derogation has been granted by the UK, the type-approval may have been issued by any of the EU-28 type-approval authorities and the placing on the market or entry into service may occur in any of the EU-28 member states. The specific cases are as follows:

5 Page 5 of 6 a) Permission granted to an OEM for one or more engine manufacturers to place on the market engines for the exclusive use of that OEM under the flexibility scheme as set out in 97/68/EC Annex XIII. b) Authorisation granted under 97/68/EC Article 10(1b) to place on the market replacement engines for railcars or locomotives. c) Authorisation granted under 97/68/EC Article 9(4b) for the placing on the market of engines exclusively for installation in non-road mobile machinery to be used in potentially explosive atmospheres. d) Authorisation for field test according to 2016/1628 Article 34(4) following a notification under 2017/654 Annex XI point 2. EUROMOT understands that where such authorisation has been granted by the UK prior to the date of UK withdrawal, that authorisation remains valid for placing on the market of engines in the EU-27 member states after UK withdrawal, irrespective of which of the EU-28 approvalauthorities granted the type approval(s) relied upon by that authorisation. IMPORTANTLY, in case EUROMOT understanding on this point is incorrect, then in order not to disadvantage manufacturers with UK-issued authorisations the proposed Regulation must also provide a clear and effective procedure for replacing these prior authorisations with corresponding authorisations from an EU-27 member state. 4. Type-approvals issued according to UN ECE Regulation R 96 Both the EU and the UK (and certain EU member states) are independently contracting parties to the UN ECE 1958 agreement including Regulation R 96. This already provides for mutual recognition of R 96 type-approvals granted by EU-27 member states, the UK, or other third countries that are also contracting parties. This may provide a partial solution for placing on the market of certain engine categories. EUROMOT notes that 97/68/EC explicitly acknowledge the equivalence of R 96 categories D through P with those of the corresponding EU stages and the corresponding agricultural and forestry vehicle supplementing Regulation (EU) 2016/96 acknowledge the equivalence of R 96 categories H through R. Notwithstanding the fact that 97/68/EC was not updated to explicitly acknowledge the equivalence of category Q & R of the 04 series of amendments of R 96 to categories Q & R of 97/68/EC prior to its repeal on 01 January 2017, the 04 series of amendments of R96 was nevertheless published in the Official Journal and EUROMOT believes that due to the obligation imposed upon the EU and member states by acceding to the 1958 agreement in respect to R 96, the EU-27 member states must accept type-approvals of engines of categories Q & R and corresponding markings in such cases where the same EU emission category may still be used in the EU for the production or placing on the market, including for use in transition provisions or exemptions. EUROMOT believes that this mutual recognition applies irrespective of whether the engine is used in non-road mobile machinery, agricultural vehicles or forestry vehicles. IMPORTANTLY, in case EUROMOT understanding on this point is incorrect, then the interpretation of the European Commission on this point must be clarified with appropriate justification. For more information please contact: European Association of Internal Combustion Engine Manufacturers EUROMOT aisbl Dr Peter Scherm General Manager Phone: +32 (0) , peter.scherm@euromot.eu

6 Page 6 of 6 EUROMOT is the European Association of Internal Combustion Engine Manufacturers. It is committed to promoting the central role of the IC engine in modern society, reflects the importance of advanced technologies to sustain economic growth without endangering the global environment and communicates the assets of IC engine power to regulators worldwide. For more than 20 years we have been supporting our members - the leading manufacturers of internal combustion engines in Europe, USA and Japan - by providing expertise and up-to-date information and by campaigning on their behalf for internationally aligned legislation. The EUROMOT member companies employ all over the world about 200,000 highly skilled and motivated men and women. The European market turnover for the business represented exceeds 25 bn euros. Our EU Transparency Register identification number is your bookmark for IC engine power worldwide Our members are: DIESEL AND GAS ENGINE MANUFACTURERS AGCO POWER CATERPILLAR GROUP CNH INDUSTRIAL GROUP CUMMINS DAIMLER DEUTZ DOOSAN GE POWER & TRANSPORTATION GROUP HATZ ISUZU MOTORS GERMANY JCB POWER SYSTEMS JOHN DEERE KAWASAKI EUROPE KOMATSU ENGINES KUBOTA LIEBHERR LOMBARDINI-KOHLER GLOBAL POWER GROUP MAN GROUP MITSUBISHI TURBO & ENGINE EUROPE MOTEURS BAUDOUIN ROLLS-ROYCE POWER SYSTEMS SAME DEUTZ-FAHR SCANIA STEYR MOTORS VOLVO CONSTRUCTION EQUIPMENT VOLVO PENTA WÄRTSILÄ WINTHERTHUR GAS AND DIESEL YANMAR GROUP ZETOR SMALL SI ENGINE MANUFACTURERS BRIGGS & STRATTON DOLMAR EMAK HONDA EUROPE HUSQVARNA GROUP KAWASAKI EUROPE KOHLER GLOBAL POWER GROUP SOLO STIHL TOHATSU TORO EUROPE WACKER NEUSON YAMABIKO GROUP