EUROPEAN COMMISSION Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs Industrial Transformation and Advanced Value Chains Automotive and Mobility Industries Brussels, 4 October 2016 ENTR/B.4/PT/ESG DRAFT MINUTES OF MEETING Expert Group on Emissions from non-road mobile machinery engine (GEME) established under Directive 97/68/EC Meeting of 22 February 2016, 10h to 12h45 at Centre Borschette, Brussels Chair: Mr Philipp TROPPMANN (DG GROWTH) Meeting documents available at: https://circabc.europa.eu/w/browse/b7d106fa-a77b-42e9-a0c3-28b4f11f278d 1. Welcome and introduction by the Chair The Chair welcomes the participants and presents the agenda. 2. Adoption of the agenda The agenda is adopted without any changes. 3. Approval of minutes of the last meeting The minutes of the meeting of 3 November 2015 are approved; comments in writing are still accepted and can be introduced until 29 February; no requests for changes. 4. Revision of Directive 97/68/EC for non-road mobile machinery (NRMM) a) Information point: Proposal for a new Regulation on NRMM Presentation by the Chair (presentation available on CIRCA). The Chair presents in detail the current state of play of the legislative process regarding the proposal for a new Regulation on NRMM. In this context, the tentative time plan for the forthcoming co-decision adoption process by the two co-legislators (European Parliament and Council of the European Union (EP)) is explained. Participants are informed that the co-legislators could still not reach final agreement at the last trilogue meeting on 26 January 2016, given that two issues remained pending for which a 1
political agreement need to be sought during a further trilogue meeting. A date for the latter is not known at that point in time, but likely to take place in the weeks to come. The Chair then provides an overview of the main amendment proposals on which provisional agreement was reached by the co-legislators. b) Questions & answers The representative of CNH Industrial raises a concern on the aspect of retrofitting, arguing that a strong political signal in that regard coming along with financial incentives could eventually undermine the uptake of new Stage V engines as consumers could prefer to buy engines with lower emission standards and retrofit these whilst benefitting of financial aids. The representative of DK points at the need to check the proper functioning and effectiveness of retrofit devices and to address any such measures in a harmonised manner at EU level; this should then also include the check of retrofit devices which are already installed in engines. The representative of Switzerland raises the question whether an amendment of the UNECE Retrofit Emission Control Devices regulation (Regulation 132) is foreseen in this context. The Chair explains that, as a matter of principle, the Commission is committed to adapting the relevant UNECE legislation to the provisions and limit values of the new NRMM regulation in order not to create a discrepancy between EU and UNECE legislation; as regards the amendment of the Retrofit Emission Control Devices regulation, this would need to be checked more specifically with the relevant UNECE working group. The representative of Euromot underlines the importance of a swift adoption of the new NRMM Regulation and urges Member States to seek for a swift resolution and not to put at risk the process. He also points at the fact that the overall timing of the process is very critical, also with regard to the inter-dependence of the time lines of the main legislative act and the associated supplementing legislation acts. 5. Commission supplementing legislation (Delegated & Implementing Acts) on NRMM a) Information on state of play The CION representative informs the participants of the state of play of the supplementing legislation on NRMM. He starts with the time-planning of the delegated acts, as follows: the next meeting of SWG2 are planned for beginning of March 2016 and a MS experts meeting will be held on 21 April to endorse both delegated acts. The inter-service consultation will start on March leading to the translation which will take from May to August, so that the Commission will adopt the texts by September; the procedure will follow with the scrutiny period by the European Parliament and the Council until November, and the publication in the Official Journal by December 2016. 2
Then he continues with the time-planning of the implementing act, informing that the next meeting of SWG1 will be held on 14 April and it will be followed by QSG + Chairman SWG1 meetings on 20 and 21 of April. The inter-service consultation will be launch in May, so that the translation starts in July in order to be finalised just in time to present the text for voting to the Technical Committee Motor Vehicles in a meeting in October 2016. Adoption by the Commission and publication in the Official Journal are in accordance expected for November and December 2016 respectively. Finally, he presents a summary of the milestones in the calendar for adoption of the supplementing legislation: deadline for submitting comments by GEME participants to the draft proposals: 11 March; endorsement of delegated acts by MS: 21 April; next GEME meeting: 24 may; Vote in the TCMV of the implementing act: 4 October; Final GEME meeting: 16 November. There were no questions on the state of play. b) to d) Information on drafting activities The CION representative informs the participants that he will proceed to report on the Commission's first draft of the supplementing legislation which is uploaded in CIRCABC; in particular on the main amendments with respect the previous drafts proposed by the GEME SWGs. He also informs that later on, the chairman of the Quality and Steering Group (QSG), Mr Magnus Lindgren (Swedish Transport Administration), will inform them on the latest activities of the sub-working groups. He starts by indicating the folders where the documents are available in CIRCABC, in particular for: - Commission's first draft of the delegated and implementing acts; - Latest version of the SWG2 documents; and - Comments (and replies) received after GEME meeting 3 November 2015. Then, he continues with the delegated act on technical and general requirements highlighting the following: - All contributions from SWG 1 on requirements for placing engines on the market (Annexes XIII to XIX) have been incorporated; - Most proposals by SWG 2 have been incorporated, but some of them derived from US Regulations have been rejected since they cannot be easily transferred into EU legislation; - The structure is aligned with the numbering system of GTR n 11 and UNECE R 96, especially in the case of Annex VI (Conduct of emission tests and requirements for measurement equipment); - In Annex I (conformity of production): a) administrative provisions on fuel range and gaseous fuels have been integrated; 3
b) further streamline is needed (mix of two fundamentally different procedures: 97/68 and Euro VI); - Annex XI on calculation procedures was modified in comparison with GTR No 11 to supress duplicated tables and to place at the beginning of the Annex the mass based calculations, which is the EU standard procedure; Hereafter, he presents the most relevant aspects to take into account with regard to the delegated act on in-service monitoring of engines: - The test procedure applies only to gaseous emissions of variable speed engines of categories NRE-v-5 and NRE-v-6 (56 to 560 kw); - The empowerment for this delegated act is set out Article 18 of the co-decision act, and includes reporting of the results for the different engine categories; - The main goal of this regulation: to gain experience on: a) defining compliance limits for pollutant emissions of engine types or engine families in-service operations, and b) setting up a new procedure to guarantee the limitation of the emissions of engines installed in NRMM over their normal operation; and continues by presenting the ISM methodology as follows: - It is based on the Pilot Program performed 2010-2012 (CION + stakeholders); - Is an adaptation to the particular operating conditions of NRMM engines of the EUR IV In-Service Conformity Procedure set out in Regulation (EU) 582/2011; - The use of PEMS (Portable Emission Measurement System) is compulsory for measuring NOx, HC, CO and CO2 in accordance with the Averaging window approach WBW and CO2-BW; - The engine manufacturer defines the testing/sampling schedule, under the control of the type-approval authority and in accordance with two possible schedules; - In addition the methodology: a) covers small volume engine manufacturers; b) addresses late arrival to the market of engine manufacturers; and c) defines which data are publicly available and which are restricted for the type-approval authorities only. Finally, he presents the most relevant aspects of the implementing act: - All documents from SWG 1 have been incorporated, and in particular those related to Annexes I to IV and VI: information document and information folder, statements of conformity, marking of engines, EU type-approval certificate, and test results sheet (format of test reports); 4
- Annex V (numbering system) is based on proposal from Austria, which needs further clarifications; - Footnotes in Annex IV (EU type-approval certificate) need further edited; - Annexes VII to X (related with IMI) are still missing; - It is clearly stated that the approval authorities shall issue the test results sheet; -One test report is required for each test, so that supplementary tests imply additional test reports; - Certain existing test reports issued under Directive 97/68/EC (or equivalent type approval) are accepted under certain conditions, in particular for: a) engines of category RLL; b) engines meeting the SPE emission limit values; c) engines meeting the NRSh emission limit values. As there were no comments by the participants, the Chair gives the floor to Mr Mr Magnus Lindgren (Swedish Transport Administration), SE representative and chairman of the Quality-Steering Group, who presents the work carried out by the four sub-working groups of the GEME (QSG, SWG1, SWG2 and SWG3) on the supplementing legislation since the previous GEME meeting in November 2015, which is mainly focused on: - Administrative requirements related to information documentation and exchange including IMI; - Test procedures, measurement equipment, measurement procedure and reference fuel Alternative fuels; and - In-service testing alternative sampling scheme Indeed, he highlights that some Cross-cutting provisions (SWG1) remain basically unchanged since 3 Nov GEME, and in particular for: Conformity of production, Separate shipment, Field testing, Equivalent approvals, Information to OEMs and end users, Compliance & assessment of technical services, Statement of Conformity, and the Type approval numbering system. And he adds that the same applies to some of the Technical specifications & Test requirements (SWG2), especially for petrol and diesel engines, and in particular to: Engine family definition, PN measurement methodology, Measurement Equipment, Measurement Procedures, Anti-tampering requirements, Installation requirements, Test cycles and the International Gravity Formula & Statistics. Then he explains the main actors involved in the IMI system and the main blocks of information shared though the IMI system. 5
He continues by explaining the discussions held with regard to the Control Area, and in particular with regard to the carve out and not-to-exceed factor, resulting in the decision to keep the draft as proposed in the November GEME meeting due to the following reasons: - EU Parliament and EU Council have not been tighten the NOx level of stringency with Stage V as they have focus on introducing PN limits; - A presumptive conformity factor for in-service testing will be part of 2025 report required according to Article 59(2) of the CDA. Hereafter, he explains the result of the discussions on NOx control and the requirements for different engine categories: - For locomotive engines, the NOx control provisions are the same as those existing for Stage IIIB; - For railcars and IWWV engines, the NOx control provisions are limited to the storage of fault codes to enable national authorities to check the records; - For other categories of engines subject to NOx control provisions, inducements are required. He also explains the discussion held on diesel particulate control (DPF Control), which is still under discussion and is focus in three main aspects: detecting tampering, detecting full-removal of the filter, and detecting its loss of function; while inducement requirements have been discarded, the provisions will be probably limited to the storage of fault codes. He then presents the discussion on the operation of engines on alternative fuels, which concluded that the manufacturer shall demonstrate the capability of the parent engine to meet the requirements on the fuels declared, including any blend between the declared fuels and the market fuels, and shall be liable to meet the requirements of in-service conformity. He continues with the ISM -sampling procedure, explaining the procedure already presented in the previous GEME meeting of November and the concerns arose by the manufacturers, and how they had been resolved. Finally, he indicated the still pending issues, namely: - For discrete-mode NRSC test: a) The procedure for infrequent regeneration adjustment factor for the particulate filters, and b) The PN number measurement procedure; - For in-service monitoring, some safety/security concerns with regard to the mounting PEMS equipment on various types of NRMM. 6
PRODESUS representative requested to MS representatives to notify to the Commission services the complete contact data of their type-approval authorities and technical services, so that they could be easily contacted. In addition he requested whether different technical services would provide that same information in IMI and whether the CO 2 results would be stated in the public part of the IMI. The Chair replied that the Commission will check in the future that the contact points provided by the Member States have information enough to be easily contacted. Concerning the IMI procedures, he informs that the technical services are, for the time being, not feeding information into the IMI system, but, in any case, the information provided by the type-approval authorities shall be harmonised. Finally, he clarifies that the CO 2 values shall be made public available in accordance with Article 6 of the codecision act. representative indicated that they are participating in the revision of Directive 98/70/EC relating to the quality of petrol and diesel fuels led by DG CLIMA and awarded to an UK based consultant; as a result of this evaluation, the scope or the definitions of that Directive may be amended, so that they considered relevant to set up a co-ordination between DG GROW and DG CLIMA on both legislations. The Chair took note of that request and, without any comments, concluded this point thanking all participants of the sub-working groups for their effort and dedication, especially the chairmen of the Sub-Working Groups. e) Questionnaire on IMI (Internal Market Information) system The representative of DG GROW presents a questionnaire which is about to be sent to the Member States s administrations to get their views and feedback on current good practices with regard to the handling of data and issuance of type approval certificates for NRMM. This information will be crucial for the effective set-up of IMI in view of its use for NRMM purposes. The questionnaire is only going to be sent to the relevant authorities in the Member States, respectively, and not shared publicly as its content does exclusively relate to the administrative aspects of the type-approval activities. On a question raised by a representative of whether IMI will also be available to countries which are not EU Member States (e.g. Switzerland, Turkey), the representative of DG GROW explains that only EU Member States which do actually issue EU type approvals will have full access rights to all data of IMI in the short term, whilst other administrations will only get access to the information part that is publicly available. The deadline for Member States authorities to reply to the questionnaires is set to 11 March 2016. 6. Progress update on legislation of agricultural and forestry vehicles The CION representative informs the participants of the state of play of the legislation on agricultural and forestry vehicles, and in particular on the proposed amendments to 7
Regulation (EU) 167/2013 and Regulation (EU) 2015/96 (REPPR) related with the emission limits for narrow-track tractors (tractor categories T2, C2 and T4.1, "NTTs"). Firstly, he explained the agreement reached at co-decision level on NTTs with engines in the power range 56 130 kw, which can be summarised as follows: - NTTs are allowed to be fitted with Stage III-B engines until 31 Dec. 2019. - Stage IV would be bridged (not implemented de facto) by: a) extending by one year the period during which NTTs can be approved if fitted with stage IIIB engines (until 30.09.2017), b) increasing the flexibility provisions up to 150%. - NTTs will have the same transitional provisions than Stage IV engines (until 31 Dec. 2021). Secondly, he explained the reference to the emission requirements of Directive 97/68/EC in Regulation (EU) No 167/2013 will be replaced to a reference to the new NRMM Regulation, and in particular to: - engine categories, - exhaust emission limits, - test cycles, - emission durability periods, - exhaust emission requirements, - monitoring of emissions of in-service engines, - conduct of measurements and tests, - transitional provisions, and - early EU type-approval and placing on the market of Stage V engines. He also informs on the state of play of the amendments to Regulation (EU) 2015/96 (REPPR) which are currently proposed by the Commission, which can be summarised as: the text was already endorsed by Member States experts in December 2015, the interservice consultation is already finalised and the planning is to publish the text by August 2016. The most relevant amendment is the acceptance of type approvals granted under Directive 97/68 and UNECE Regulation 96 as equivalent to the ones granted under the REPPR. Finally, he indicates that the REPPR will need further amendments as soon as the new NRMM co-decision act is published to extend by one year the period during which NTTs can be approved if fitted with stage IIIB engines (until 30.09.2017) and to increase the flexibility provisions up to 150%. 8
requested confirmation of whether the second batch amendments proposed by the REPPR will take place only once the new NRMM Regulation will be published. The representative of Switzerland asks to which engines will apply the increase of the flexibility scheme. The CION representative confirmed 's interpretation and informed that the increase of the flexibility scheme will apply only to NTTs fitted with Stage III-B engines in the power range between 56 and 130 kw. Without further comments, The Chair concluded this point. 7. AOB-CONCLUSIONS The representative of Prodessus suggests the Commission to make use of open source software rather than of commercial software for the electronic format of documents uploaded to CIRCA-BC, as he encountered problems in opening some of the documents in the recent past. The Chair takes note of this request and will report back on the Commission s policy in this regard at the forthcoming meeting. The Chair informs that all slides presented during the meeting will be uploaded to CIRCA-BC. He indicates that the next GEME meeting shall take place on Tuesday, 24 May 2016 in Brussels. 9
GEME meeting of 22/2/2016 - List of attendees AFFILIATION MS (DK) Turkey (Min of science, industry & technology) CER MS (BE) CECE CER ProDessus FEDERUNACOMA AECC VDMA Turkey (Min of foreign affairs) EUnited CECE/CISMA VDMA AECC Transfrigoroute International Turkey (Min of science, industry & technology) Switzerland CEMA ATVEA MS (DE BMVI) MS (FI) MS (ES) Bosch MS (SW) ATVEA ISMA MS (DE - KBA) CER CER MS (LV) 10
MS (IT) FEM Transfrigoroute International MS (HU) MS (AT) FEM MS (DE) CEFIC 11