COMPROMISE AMENDMENTS 1-18

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European Parliament 20142019 Committee on the Environment, Public Health and Food Safety 14.09.2015 2014/028(COD) COMPROMISE AMDMTS 1 18 Draft report Elisabetta Gardini (PE557.123v0100) Emission limits and typeapproval for internal combustion engines for nonroad mobile machinery (COM(2014)581 C8018/2014 2014/028(COD)) AM\10779.doc PE54.90v0100 United in diversity

AM_Com_LegCompr PE54.90v0100 2/19 AM\10779.doc

1 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, Greens/EFA, EFDD Recital () This Regulation aims to lay down harmonised rules for the EU typeapproval of engines to be installed in nonroad mobile machinery, with a view to ensuring the functioning of the internal market. For these purposes, new emission limits should be established to reflect technological progress and ensure convergence with Union policies in the onroad sector, with a view to achieving Union air quality targets and reducing the emissions from nonroad mobile machinery, thus resulting in a more proportionate share of machinery emissions in relation to road vehicle emissions. The scope of Union legislation in this field should be broadened, with a view to improving market harmonisation at EU and international level and minimising the risk of market distortions. In addition, this Regulation aims to simplify the current legal framework, including measures for simplifying administrative procedures, and to improve the general conditions for enforcement, in particular by strengthening the rules on market surveillance. () This Regulation aims to lay down harmonised rules for the EU typeapproval of engines to be installed in nonroad mobile machinery, with a view to ensuring the functioning of the internal market in the broader context of the ongoing review of Union air quality policy. For these purposes, new emission limits should be established, to be applied also to agricultural machinery, to reflect technological progress and ensure convergence with Union policies in the onroad sector, with a view to achieving Union air quality targets and reducing the emissions from nonroad mobile machinery and agricultural vehicles, thus resulting in a more proportionate share of machinery emissions in relation to road vehicle emissions. The scope of Union legislation in this field should be broadened, with a view to improving market harmonisation at EU and international level and minimising the risks of market distortions and of the adverse health effects. In addition, this Regulation aims to simplify the current legal framework, including measures for simplifying administrative procedures, and to improve the general conditions for enforcement, in particular by strengthening the rules on market surveillance. AM\10779.doc 3/19 PE54.90v0100

2 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, Greens/EFA, EFDD Recital 1 a (new) (1 a) Given the long lifetimes of nonroad mobile machinery it is appropriate to consider retrofitting the engines already in service. Such retrofit should in particular target densely populated urban areas and those in breach of the Union air quality legislation. To ensure comparable and ambitious quality of retrofit, Member States should take into account the principles of UNECE Regulation 132 on Retrofit Emission Control (REC). 3 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, Greens/EFA, EFDD Recital 1 b (new) (1 b) Where appropriate, synergies should be sought between reduction of gaseous and particulate emissions in engines installed in nonroad mobile machinery and emission standards as PE54.90v0100 4/19 AM\10779.doc

deployed in heavy duty vehicles (HDVs) as technologies are interlinked. Such future harmonisation could help to improve economies of scale and improve air quality. Where such standards are not immediately achievable the Commission should consider further action; 4 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, EFDD Recital 29 b (new) 29 b The requirements of this Regulation should also apply to agricultural vehicles covered by the provisions of Regulation (EU) No. 17/2013 of the European Parliament and of the Council 1 a, replacing those of the repealed Directive 97/8/EC. Given the combined effect of the Stage IV postponement for agricultural tractors of categories T2, T4.1 and C2 and the application dates, Stage IV would have a duration of only 2 years and 3 months. In order to avoid unnecessary burdens Stage IIIB engines should be allowed to have access to the transition clauses defined in this Regulation in view of stage V application requirements. 1 a OJ L 0, 2.3.2013, p. 1 51. Justification Directive 2011/87/EU granted a delay of the Stage IIIB and IV compulsory dates to agricultural and forestry tractors belonging to categories T2, T4.1 and C2. The compulsory dates defined by this Regulation make Stage IV not sustainable economically for manufacturers, as two tractors redesigns in about two years represent an economic burden without environmental benefit. Tractors of these categories meeting the Stage IIIB requirements should thus be allowed to have access to the transition period. AM\10779.doc 5/19 PE54.90v0100

5 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, Greens/EFA, EFDD Article 5 paragraph 1 and 3 and Article 53 a (new) In urban areas not complying with the limit values as laid down in Directive 2008/50/EC Member States shall, as part of the development of air quality plans in Article 23 of that Directive, assess the need to take measures, not entailing disproportionate costs, to ensure retrofitting with the latest emission abatement technology of existing engines installed in nonroad mobile machinery. Such retrofit shall be done in view of achieving stage V requirements. Supported by EPP, S&D, ECR, ALDE, GUE/NGL, Greens/EFA, EFDD Article 5 paragraph 42 (new) Workers protection The provisions of this Regulation shall not affect Member States' entitlement to lay down, in due observance of the Treaty, PE54.90v0100 /19 AM\10779.doc

such requirements as they may deem necessary to ensure that workers are protected when using the machinery referred to in this Regulation, provided that this does not affect the placing on the market of the engines in question. 7 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, Greens/EFA, EFDD Article 18 paragraph 1 1. The gaseous pollutant and particulate emissions of engine types or engine families in service shall be monitored by testing engines installed in nonroad mobile machinery operated over their normal operating duty cycles. Such testing shall be conducted on engines that have been correctly maintained and shall comply with the provisions on the selection of engines, testing procedures and reporting of results for the different engine categories. The Commission shall conduct pilot programmes with a view to developing appropriate testing procedures for those engine categories and subcategories for which such testing procedures are not in place. 1. For engine types or engine families, typeapproved in accordance with this Regulation, the gaseous pollutant and particulate emissions of those engine types or engine families in service shall be monitored by testing inservice engines installed in nonroad mobile machinery operated over their normal operating duty cycles. Such testing shall be conducted under the responsibility of the manufacturer or the entity thereto entrusted and under the supervision of the national type approval authority, on engines that have been correctly maintained and shall comply with the provisions on the selection of engines, testing procedures and reporting of results for the different engine categories. The Commission shall conduct monitoring programmes with a view to developing appropriate testing procedures for those engine categories and subcategories for which such testing procedures are not in place. The Commission shall conduct AM\10779.doc 7/19 PE54.90v0100

monitoring programmes to determine to what extent, the emissions resulting from the test cycle and on which the type approval is based, correspond to the emissions measured in actual operation. Those monitoring programmes and their results shall be the subject of a presentation to the Member States and subsequently of a communication to the public annually. 8 Supported by EPP, S&D, ECR, ALDE Article 32 paragraph 4 a (new) 4 a. Notwithstanding the requirements of Article 5(3) and Article 17(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 placing on the market of engines set out in Annex III, provided that the engines: (a) belong to category NRE or category NRS, do not have a reference power greater than 50 kw and comply with an emission stage that expired not more than 20 years before the placing on the market of those engines and which is at least as stringent as the emission limits that the engines had to meet when originally placed on the market; (b) belong to a category equivalent to NRE or NRS, where the replacement engine and the original engine belong to an engine category and power range that was not subject to type approval at Union PE54.90v0100 8/19 AM\10779.doc

level on...*; (c) belong to category RLL or RLR and comply with the emission limits that the engines had to meet when originally placed on the market, or belong to a category NRE or NRG and have a reference power greater than 50 kw. * Date of repeal of Directive 97/8/EC. 9 Supported by EPP, S&D, ECR, ALDE, EFDD Article 32 paragraph 4 a (new) 4 b (new) and 5 b(new) 5b. Notwithstanding the requirements of Article 32(4b) for engines of the categories RLL and RLR, Member States may authorise, upon request by the OEM, the placing on the market of engines that belong to those categories which, on...* are part of a project that is at an advanced stage of development within the meaning of point (t) of Article 2 of Directive 2008/57/EC of the European Parliament and of the Council 1, and comply with the requirements of any EU emissions stage that preceded the one in force at the time of their placing on the market, where the use of replacement engines that meet the requirements of the new stage would give AM\10779.doc 9/19 PE54.90v0100

rise to disproportionate costs. Each Member State shall forward a list of the projects that are at an advanced stage of development concerned to the Commission within...**. 1 Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community, OJ L 191, 18.7.2008, p. 1. * OJ please insert: The date of entry into force of this Regulation. ** OJ please insert: One year from the date of publication of this Regulation. 10 Supported by EPP, S&D, ECR, ALDE, EFDD Article 57 paragraph 5 subparagraph 2 For engines of the category NRE, Member States shall authorise an extension of the transition period and the 12months period referred to in the first subparagraph by an additional 12 months for OEM's with a total yearly production of fewer than 50 units of nonroad mobile machinery equipped with combustion engines. For the purposes of the calculation of the total yearly production referred to in this paragraph, all OEM's under the control of the same natural or legal person shall be considered to be a single OEM. For engines of the category NRE, Member States shall authorise an extension of the transition period and the 18months period referred to in the first subparagraph by an additional 12 months for OEMs with a total yearly production of fewer than 80 units of nonroad mobile machinery equipped with internal combustion engines. For the purposes of the calculation of the ceilings referred to in this paragraph, all OEMs under the control of the same natural or legal person shall be considered to be a single OEM. PE54.90v0100 10/19 AM\10779.doc

11 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, EFDD Article 59 a (new) to Regulation (EU) 17/2013 In Article 19 (3), the following subparagraph is added: For the purposes of placing on the market, registration or enter into service of tractors of categories T2, T4.1 and C2, the engines meeting the Stage IIIB requirements shall be considered transition engines as defined in Regulation (EU) XX/2015 1, Article 3, paragraph 30. 1 Regulation (EU) XX/2015, Article 3, paragraph 30. 12 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, Greens/EFA, EFDD Article 59 paragraph 1, 2 and 3 AM\10779.doc 11/19 PE54.90v0100

1. 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 cost/benefit analysis; (b) the identification of potentially relevant pollutant types that do not currently fall within the scope of this Regulation. 2. By 31 December 2025, the Commission shall submit a report to the European Parliament and to the Council regarding: (a) the use of the exemption clauses provided for in Article 32(3) and (4); (b) the monitoring of results of the emission tests set out in Article 18 and the conclusions thereof. 1. 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 cost/benefit analysis and an assessment of Member States' progress towards their emission reduction commitments as established in Directive 2001/81/EC; The report shall in particular contain the assessment of the technological and economical feasibility of adding PN limit values to those NRMM categories that do not have one set in Annex II of this Regulation as well as setting lower PN limits for all categories in line with those set for EURO VI HDV's in Directive 2005/55/EC. The report should also consider revising the emission limits for HC including. the A factor for fully and partially gaseousfuelled engines in the framework of a climateneutral operation compared to diesel fuelled engines; (b) the identification of potentially relevant pollutant types that do not fall within the scope of this Regulation. 2. By 31 December 2025, the Commission shall submit a report to the European Parliament and to the Council regarding: (a) the use of the exemption clauses provided for in Article 32(3) and (4); (b) the monitoring of results of the emission tests set out in Article 18 and the conclusions thereof, as well as an evaluation of the feasibility of introducing PEMS tests; (b a) the monitoring of tests for EU typeapproval set out in Article 23 and 24,with a particular focus on evaluating whether these tests correspond to conditions of the PE54.90v0100 12/19 AM\10779.doc

3.The reports referred to in paragraphs 1 and 2 shall be based on a consultation of the relevant stakeholders and shall take into account existing related European and international standards. It shall be accompanied, where appropriate, by legislative proposals. normal use of engines. 3. The reports referred to in paragraphs 1 and 2 shall: (a) be based on a consultation of the relevant stakeholders; (b) and shall take into account existing related Union and international standards; and (c) it shall be accompanied, where appropriate, by legislative proposals. 13 Supported by EPP, S&D, ECR, ALDE, GUE/NGL, Greens/EFA, EFDD Compromise amendment replacing s Annex II Table II1 Table II1: emission limits for engine category NRE defined in Article 4 point (1) Emissio n stage Engine subcategory NREv1 NREc1 NREv2 NREc2 NREv3 NREc3 NREv4 NREc4 NREv5 NREc5 NREv NREc NREv7 NREc7 Power range Engine ignition type CO HC NOx PM mass kw g/k Wh g/k Wh g/k Wh g/kw h #/kwh 0<P<8 CI 8,00 (HC+NOx 7,50) 0,40 1) 1,10 8 P<19 CI,0 (HC+NOx 1,10 0,40 7,50) 19 P<37 CI 5,00 (HC+NOx 0,015 1x10 12 1,10 4,70) 37 P<5 CI 5,00 (HC+NOx 0,015 1x10 12 1,10 4,70) 5 P<13 all 5,00 0,19 0,40 0,01 9x10 11 1,10 0 130 P 5 all 3,50 0,19 0,40 0,01 9x10 11 1,10 0 P>50 all 3,50 0,19 3,50 0,045,00 PN A AM\10779.doc 13/19 PE54.90v0100

14 Supported by EPP, ECR, ALDE, Compromise amendment replacing s Table I5: Subcategories of engine category IWP defined in Article 4 point (5) Category Ignition type Speed operation Displacement Power range (kw) Subcategory Reference power 19 P<75 IWPv1 < 0.9 75 P<300 IWPv2 IWPv3 variable 0.9 disp.<1.2 1.2 disp.<3.5 < 300 IWPv3 IWPv5 < 300 IWPv IWPv7 Maximum net power 3.5 disp.<7.0 < 300 IWPv8 IWPv9 IWP all all P 00 IWPv10 19 P<75 IWPc1 < 0.9 75 P<300 IWPc2 IWPc3 constant 0.9 disp.<1.2 1.2 disp.<3.5 < 300 IWPc3 IWPc5 < 300 IWPc IWPc7 Rated net power 3.5 disp.<7.0 < 300 IWPc8 IWPc9 all P 00 IWPc10 PE54.90v0100 14/19 AM\10779.doc

15 Supported by EPP, ECR, ALDE, Compromise amendment replacing s Annex I Table I:Subcategories of engine category IWA defined in Article 4 point () Category Ignition type Speed operation Displacement Power range (kw) Subcategory Reference power 19 P<75 IWAv1 < 0.9 75 P<300 IWAv2 IWAv3 variable 0.9 disp.<1.2 1.2 disp.<3.5 < 300 IWAv4 IWAv5 < 300 IWAv IWAv7 Maximum net power 3.5 disp.<7.0 < 300 IWAv8 IWAv9 IWA all all P 00 IWAv10 19 P<75 IWAc1 < 0.9 75 P<300 IWAc2 IWAc3 constant 0.9 disp.<1.2 1.2 disp.<3.5 < 300 IWAc4 IWAc5 < 300 IWAc IWAc7 Rated net power 3.5 disp.<7.0 < 300 IWAc8 IWAc9 all P 00 IWAc10 AM\10779.doc 15/19 PE54.90v0100

1 Supported by EPP, ECR, ALDE, Compromise amendment replacing s xx Annex II Table II5: emission limits for engine category IWP defined in Article 4 point (5) Emission stage Engine subcategory Displacemen t Power range Engin e ignitio n type CO HC NOx PM PN A L/cyl kw g/kwh g/kwh g/kw h g/kw h IWPv1 IWPc1 < 0.9 19 P<75 2) all 5,0 (HC+NOx 4,7) 1) 0,3 1) IWPv2 IWPc2 IWPv3 IWPc3 IWPv4 IWPc4 IWPv5 IWPc5 IWPv IWPc IWPv7 IWPc7 IWPv8 IWPc8 IWPv9 IWPc9 < 0.9 75 P<300 all 5,0 (HC+NOx 5,4) 0,14 < 0.9 10 12 0.9 disp.<1.2 < 300 all 5,0 (HC+NOx 5,4) 0,12 0.9 disp.<1.2 10 12 1.2 disp.<3.5 < 300 all 5,0 (HC+NOx 5,) 0,1 1.2 disp.<3.5 10 12 3.5 disp.<7.0 < 300 all 5,0 (HC+NOx 5,8) 0, 1 3.5 disp.<7.0 10 12 IWPv10 IWPc10 all P 00 all 5,0 0,19 1,8 0,04 10 12 1) Optionally, these categories may be certified to a NOx+HC level of 5.8 g/kwh and PM level of 0.2 g/kwh 2) For engines < 75 kw at or above 0,9L/cylinder the limit values of the category equal or greater than 75 kw shall apply PE54.90v0100 1/19 AM\10779.doc

17 Supported by EPP, ECR, ALDE, Annex II Table II: emission limits for engine category IWA defined in Article 4 point () Emission stage Engine subcategory Displacement Power range Engine ignitio n type CO HC NOx PM PN A L/cyl kw g/kwh g/kwh g/k Wh g/kwh IWAv 1IWAc 1 < 0.9 19 P<75 2) all 5,0 (HC+NOx 4,7) 1) 0,3 1) IWAv2 IWAc2 IWAv3 IWAc3 < 0.9 75 P<300 (HC+NOx 5 all 5,0 0,14,4) < 0.9 10 12 IWAv4 IWAc4 IWAv5 IWAc5 0.9 disp.<1.2 < 300 (HC+NOx 5 all 5,0 0,12,4) 0.9 disp.<1.2 10 12 IWAv IWAc IWAv7 IWAc7 1.2 disp.<3.5 < 300 (HC+NOx 5 all 5,0 0,1,) 1.2 disp.<3.5 10 12 IWAv8 IWAc8 IWAv9 IWAc9 3.5 disp.<7.0 < 300 (HC+NOx 5 all 5,0 0,1,8) 3.5 disp.<7.0 10 12 IWAv 10 IWAc 10 all P 00 all 5,0 0,19 1,8 0,04 10 12 1) Optionally, these categories may be certified to a NOx+HC level of 5.8 g/kwh and PM level of 0.2 g/kwh 2) For engines < 75 kw at or above 0,9L/cylinder the limit values of the category equal or greater than 75 kw shall apply AM\10779.doc 17/19 PE54.90v0100

18 Supported by GUE/NGL, Greens/EFA, EFDD Consolidated AM on a second step for IWV b Annex II Table II5a: b emission limits for engine category IWP/IWA defined in Article 4 point (5) [from 2022/23] Emission stage Displacement Power range Engine ignition type CO HC NOx PM PN A L/cyl kw g/kwh g/kwh g/kwh g/kwh b IWPv1 IWPc1 < 0.9 19 P<75 2) all 5,0 (HC+NOx 4,7) 1) 0,3 1) b b IWPv2 IWPc2 IWPv3 IWPc3 < 0.9 75 P<300 5,0 1,00 2,10 all 0,14 < 0.9 3,5 0,19 1,20 10 12 b b IWPv4 IWPc4 IWPv5 IWPc5 0.9 disp.<1.2 < 300 5,0 1,00 2,10 all 0,12 0.9 disp.<1.2 3,5 0,19 1,20 10 12 b b IWPv IWPc IWPv7 IWPc7 1.2 disp.<3.5 < 300 1,00 2,10 all 3,5 0,1 1.2 disp.<3.5 0,19 1,20 10 12 b b IWPv8 IWPc8 IWPv9 IWPc9 3.5 disp.<7.0 < 300 1,00 2,10 all 3,5 0, 1 3.5 disp.<7.0 0,19 1,20 10 12 b Engine subcategory IWPv 10 IWPc 10 all P 00 all 3,5 0,19 0,40 0,01 10 12 1) Optionally, these categories may be certified to a NOx+HC level of 5.8 g/kwh and PM level of 0.2 g/kwh 2) For engines < 75 kw at or above 0,9L/cylinder the limit values of the category equal or greater than 75 kw shall apply PE54.90v0100 18/19 AM\10779.doc

Annex III Table IIIa : Dates of application of this Regulation for b for engine categories IWP Category Ignition type Power range (kw) Subcategory Mandatory date of application of this Regulation for EU typeapproval of engines Placing on the market of engines IWP all P>19 all 1 January 2022 1 January 2023 AM\10779.doc 19/19 PE54.90v0100