EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Delegated Regulation (EU) 2017/655 as regards adaptation of the provisions 
on monitoring of gaseous pollutant emissions from in -service internal combustion 
engines installed in non -road mobile machinery to include engines with power of less 
than 5 6 kW and more than 560 kW   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
The term non -road mobile machinery "NRMM" covers a wide range of different machinery, 
including  small handheld equipment (lawn mowers, chain saws,…), construction machinery 
(excavators, loaders, dozers,…) or agricultural & farming machinery (harvesters, 
cultivators,…), but also  railcars, locomotives and inland waterway vessels.  
Article 19 of Regula tion (EU) 2016/16281 requires manufacturers to monitor the gaseous 
pollutant emissions of in -service engines operated during their normal operating duty cycles 
to determine to which extent the emission measured from the test cycle correspond to the 
actual operation.  
Article 60(3) of that Regulation requires the Commission, by 31 December 2025, to submit a 
report to the European Parliament and to the Council regarding the monitoring of the results 
of the emission tests set out in Article 19 and the conclusio ns thereof.  
Due to the limited time to collect and analyse in -service monitoring data f or the broad range 
of engine (sub -)categories under  the scope of Regulation (EU) 2016/1628 , a first set of in -
service monitoring requirements was set out for those engin e sub -categories for which the 
Commission had already performed a pilot program. Therefore, Regulation (EU) 2017 /6552 
sets out the in -service monitoring requirements for engine sub -categories NRE -v-5 and NRE -
v-6. 
In order to collect additional data on the performance of in -service engines  of other sub -
categories, the Commission has performed pilot programmes enabling the assessment of the 
suitability of the monitoring tests and data analyses set -out in this Regulation for performing 
assessment of emissions from non -road mobile machinery engines in actual operation over 
their normal operating duty cycles.  
Therefore, the European Commission wishes to amend Delegated Regulation (EU) 2017/655 
to adopt in -service monitoring requirements for internal combustion en gines installed in non -
road mobile machinery for engines other than sub -categories NRE -v-5 and NRE -v-6 i.e. with 
a power of less than 56 kW and more than  560 kW.  
2. CONSULTATIONS  PRIOR  TO THE  ADOPTION  OF THE  ACT  
In the preparation of this act, the Commissi on carried out appropriate consultations at expert 
level comprising the relevant industrial stakeholders, social partners and Member State 
experts.  
3. LEGAL  ELEMENTS  OF THE  DELEGATED  ACT  
The legal basis of this delegated act is Regulation (EU) 2016/1624 of the European 
Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and 
                                                 
1 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 repe aling Directive 97/68/EC  (OJ L 252, 16.9.2016, p. 53 ).  
2 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 
(OJ L 102, 13.4.2017, p. 334).  EN 2  EN particulate pollutant emission limits and type -approval for internal combustion en gines for 
non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 
167/2013, and amending and repealing Directive 97/68/EC.  EN 3  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
amending Delegated Regulation (EU) 2017/655 as regards adaptation of the provisions 
on monitoring of gaseous pollutant emissions from in -service internal combustion 
engines installed in non -road mobile machinery to include engines with power of less 
than 5 6 kW and more than 560 kW  
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/EC3, and in partic ular Article 19(2) thereof,  
Whereas:  
(1) The Commission has carried out a dditional  in-service monitoring programme s in 
cooperation with manufacturers to assess the suitability of monitoring tests and data 
analyses for measuring the  emissions from non -road mobi le machinery , regarding 
engines  other  than sub-categories  NRE -v-5 and NRE -v-6, in actual operation over 
their normal operating duty cycles . As a consequence , appropriate in -service 
monitoring provisions for th ose sub -categories should be laid down in Delegated 
Regulation (EU) 2017/6554. 
(2) Taking into account the disruption caused by the  COVID -19 pandemic  and its impact 
on the manufacturer s’ ability to perform in -service monitoring testing, in order to 
provide sufficient time to manufacturers to perform the tests and to the Commission to 
assess the test results  and produce the report to the European Parliament and the 
Council as required under Regulation (EU) 2016/1628 , it is necessary to modify the 
deadlines for submitting in -service monitoring test repo rts.  
(3) The COVID -19 pandemic  has demonstrated  that unexpected  events outside the control 
of the manufacturer may make it impossible to  conduct the monitoring of in -service 
engines  as planned.  Given the continued disruption caused by the COVID -19 
pandemic , the approval authority should  accept a reasonable adjustment of the original 
plan for monitoring each In-Service Monitoring Engine Grouping ( ISM G roup).   
(4) The amendments  set out in this Regulation should  not influence the monitoring of 
gaseous pollutant em issions from in -service internal combustion engines with power 
between 56 kW and 560 kW (sub -categories NRE -v-5 and NRE -v-6). For th ose sub -
categories the changes introduced are limited to administrative adjustments that 
                                                 
3 OJ L 252, 16.9.2016, p. 53.  
4 Commission Delegated Regulation (EU) 2017/655 of 19 December 2016 supplementing Regulation 
(EU) 201 6/1628 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 machiner y 
(OJ L 102, 13.4.2017, p. 334).  
 EN 4  EN include their inclusion in  an ISM G roup,  thus irrelevant  for that monitoring . It is 
therefore appropriate that EU type -approvals of an engine type or engine family 
approved in accordance with Delegated Regulation (EU) 2017/65 5 before the day of 
entry into force  of this Regulation  remain val id. 
(5) Taking into account that the procedures for determining  reference work and reference 
CO 2 mass and  calculating the instantaneous proxy power from CO 2 mass flow are not 
sufficiently detailed to enable their consistent implementation  by manufacturers and  
approval authorities, those  requirements should be  further  clarified to ensure they are 
carried out in a  harmonised way. 
(6) Delegated Regulation (EU) 2017/65 5 should therefore be amended accordingly,  
 
HAS ADOPTED THIS REGULATION:  
Article 1  
Amendments to Delegated Regulation (EU) 2017/655  
Delegated Regulation (EU) 2017/655 is amended as follows:  
(1) In Article 2, paragraph 1 is replaced by the following : 
‘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:  
(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 (al l sub -categories) ; 
(h)  NRS -vi-1a and NRS -vr-1a.’; 
(2) Article 3  is replaced by the following : 
“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 EN 5  EN section 4.3 of Annex III to Commis sion Delegated Regulation (EU) 
2017/654*, 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 typi cal 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 . 
________________  
* Commission Delegated Regulation (EU) 2017/654 of 19 December 
2016 supplementing Regulation (EU) 2016/1628 of the Eur opean 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). ’; 
(3) in Article 3a, the following pa ragraph 3 is added:  
‘3. EU type -approvals of an engine type or engine family approved in 
accordance with this Regulation before [ PO please insert the date of the day of 
entry into force  of this Regulation ] shall remain valid.’;  
(4) the Annex to Delegated Regulation (EU) 2017/655 is amended in accordance with 
the Annex to this Regulation.  
Article  3 
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.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen