EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 25.9.2014  
COM(2014) 581 final 
2014/0268 (COD) 
  
Proposal for a 
REGULATION OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL 
on requirements relating to emission limi ts and type-approval for internal combustion 
engines for non-road mobile machinery 
 
(Text with EEA relevance) 
{SWD(2014) 281 final} 
{SWD(2014) 282 final}  EN 2   EN EXPLANATORY MEMORANDUM  
1. C ONTEXT OF THE PROPOSAL  
• General context  
Non-road mobile machinery (NRMM) covers  a large variety of combustion engines 
installed in machines ranging from small handheld equipment, construction 
machinery and generating sets, to railcars,  locomotives and inland waterway vessels. 
These engines contribute significantly to air pollution and are accountable for 
roughly 15% of the nitrogen oxide (NOx) and 5% of th e particulate matter (PM) 
emissions in the EU. 
The emissions limits for these engines are currently set out in Directive 97/68/EC. 
This Directive was amended a number of tim es, but several technical reviews have 
concluded that the legislation in its curre nt form has shortcomings. The scope is 
overly restricted as it leaves out some engi ne categories. New emission stages were 
last introduced when the Directive was amended in 2004 and no longer reflect the current state of technology. Furthermore, th ere is a mismatch between the emission 
limits for certain engine categories. 
Finally, there is recent conclusive evidence on the adverse health effects of diesel 
exhaust emissions and especially about par ticulate matter (i.e. diesel soot). One of 
the main findings is that the size of the particles is a crucial factor behind the observed health effects. This issue can only be addressed by limit values that are 
based on a particle number count (i.e. PN  limit). Therefore, and in line with the 
developments in the road sector, the intr oduction of a new emi ssion stage (Stage V), 
which would target particle number limits in addition to particle mass limits, appeared appropriate for the most  relevant engine categories. 
• Grounds for and objectives of the proposal  
The proposal seeks to protect human health  and the environment, and ensure the 
proper functioning of the internal market for engines in NRMM. It also seeks to 
address competitiveness and compliance aspects. 
In line with the EU's air quality policy, th e objective is to progressively reduce the 
emissions from new engines being brought on the market and, thereby, replace the 
old, more polluting ones over time. This is expected to result in a very significant emission reduction overall, but the reduction by engine category will vary depending 
on how stringent the specific requirements already are at present. 
The proposal is also expected to alleviate the pressure on Member States to take 
additional regulatory action th at could hamper the inte rnal market. Finally, the 
proposal seeks to remove obsta cles to external trade through harmonised rules and by 
reducing the regulatory barrier s that result from divergi ng emission requirements. In 
particular with a view to bringing EU  and US requirements closer together. 
Finally, the proposal contributes to the competitiveness of the European industry by 
simplifying the existing type-approval legisla tion, improving transparency and alleviating 
administrative burden. 
• Existing provisions in the area of the proposal  
The existing emission requirements for NR MM engines are regulated in Directive 
97/68/EC of the European Parliament and of the Council of 16 December 1997 on 
the approximation of the laws of the Member States relating to measures against the EN 3   EN emission of gaseous and particulate polluta nts from internal combustion engines to 
be installed in non-road mobile machinery (OJ L 59, 27.2.1998, p. 1). 
The draft proposal and its implementing and delegated acts will carry over and improve on 
the existing requirements laid down in th e above act, following a technical review 
concluding on a number of subs tantial shortcomings. Compared to the existing act, the 
proposal for a regulation will: 
– introduce new emission limits reflecting technological progress and EU policies in the 
on-road sector, with a view to achieving EU air quality targets; 
– extend the scope, with a view to im proving market harmonisation (EU and 
international) and minimising the risk of market distortions; 
– introduce measures for simplifying admi nistrative procedures and improving 
enforcement, including conditions for better market surveillance. 
• Consistency with the other policies and objectives of the Union  
The initiative under consideration is aimed at improving the protection of the environment 
by updating existing emission limits and by extending their scope, where appropriate. At the same time, it is aimed at ensuring the pr oper functioning of the single market, while 
removing unnecessary burden on the companies ope rating in it and inte rnationally. It is, 
therefore, entirely consistent with the Europe 2020 strategy and fully aligned to the EU's 
Sustainable Development Strategy.  
In this context, the initiative under consider ation ties in with the following more specific 
policies and objectives: 
– The EU’s 6th Environmental Action Programme1 which proposed to 
attain “levels of air quality that do not give rise to significant negative impacts on, and risks to human health and the environment”. 
– The Thematic Strategy on Air Pollution
2 which provides a 
comprehensive EU policy framework for reducing the adverse impact of air pollution on human health and en vironment for the period up to 2020. 
– The National Ceilings Directive 2 001/81/EC which establishes legally 
binding limits for the total permissible emissions at Member State level for several air pollutants.  According to the official data reported under 
said Directive, 12 Member States exceeded these limits in 2010 and, 
despite some improvements, complia nce problems will likely persist. 
– The Ambient Air Quality Directive 2008/50/EC which sets legally 
binding limits for concentrations in outdoor air of major air pollutants 
such as particulate matter and nitrogen dioxide. 
– The 2011 White Paper on Transport
3, in particular with regard to cleaner 
inland waterway and rail transportation.  
More stringent requirements for combustion e ngines in NRMM would positively contribute 
to the objectives of all of the above policies. 
Finally, the proposal also ties in with the industrial policy update of 20124 and could make 
an important contribution to technical harmonisation in the context of the EU-US trade negotiations (TTIP). 
                                                 
1 Decision No 1600/2002/EC of 22 July 2002 
2 COM(2005)446 of 21 September 2005. 
3 COM(2011)144 of 28 March 2011 
4 COM(2012)582 of 10 October 2012 EN 4   EN  
2. C ONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
• Consultation of interested parties 
Consultation methods, main sectors targ eted and general profile of respondents  
In developing the proposal the Commission has consulted stakeholders in a number of ways: 
– There was an open public internet consulta tion, covering all aspects of the proposal. 
Responses were received from EU national and regional authorities of EU Member 
States (ministries, agencies), professiona l associations, industrial companies, non-
governmental organisations and social partners. 
– A stakeholder hearing accompanying th e open public internet consultation was 
organised on 14 February 2013 in Brussels, attended by approximately 80 participants. 
– In the context of several Impact Assessment  studies conducted in the past by external 
consultants, stakeholders were invite d to contribute and send in comments. 
– The proposal has been discu ssed in several meetings of the Commission’s Working 
Group of Experts on Machinery Emissions (G EME), which brings together industry, 
NGOs, as well as Member State and Commission representatives. 
Summary of responses and how they hav e been taken into account  
An open public consultati on started on 15 January 2013 an d closed on 8 April 2013 
(12 weeks duration). For this purpose,  a dedicated consultation web-page5 was set up 
and the Commission services prepared a 15  page consultation document, outlining 
key issues, study results and potential courses of action. 69 responses were received 
in total.  
A detailed analysis of the results is in cluded in Annex II to the Impact Assessment 
report and the individual responses can be  viewed on the consultation web-page. 
• Collection and use of expertise 
Scientific/expertise domains concerned  
The proposal required the assessment of diffe rent policy options as well as the associated 
economic, societal and environmental impacts. 
Methodology used  
The Commission has carried out various studies and regularly consulted stakeholders, as 
concerns the feasibility of new limit values a nd the need to include new stages for exhaust 
emissions based on technical progress. The Impact Assessment builds on the following 
external studies6: 
– A Technical Review of the Directive, submitted in two parts, by the JRC, 
which in part 1 includes an overview of emissions inventories for NRMM. Part 2, inter alia, focuses on spark ignition engines (small petrol 
engines and snowmobile engines) a nd, among others, analyses emission 
inventories and market sales of c onstruction and agricultural machinery. 
                                                
 
5 http://ec.europa.eu/enterprise/sectors/automotive/documents/consultations/2012-emissions-
nrmm/index_en.htm  
6 http://ec.europa.eu/enterprise /sectors/mechanical/n on-road-mobile-machinery/publications-
studies/index_en.htm  EN 5   EN – An Impact Assessment study by ARCADI S N.V. assesses the impacts of 
the policy options developed in the Technical Review of the JRC. A 
complementary study by the same contractors looked specifically at the impacts on small and medium sized en terprises (SMEs). In addition to 
the social and economic impact the e nvironmental and health impact was 
also evaluated in this study.  
– A study from Risk & Policy Analysis  (RPA) and Arcadis , evaluates the 
current contribution of the NRMM sector to greenhouse gas (GHG) 
emissions. This study also examines  the feasibility of extending the 
emission limits for variable speed e ngines to constant speed engines and 
considers the option of aligning the exhaust emission limit values to US values. 
– The PANTEIA study
7 commissioned by DG MOVE analyses the 
situation in the inland navigation sect ors and assesses specific measures 
for reducing emissions from inland waterway transport. 
The work on the impact assessment was followe d and informed by an inter-service steering 
group which met four times in 2013. All rele vant Commission services were invited to 
participate in this group. The JRC further s upported the analytical work with a research 
project on the effects of particulate number (PN) limits for certain engine categories. 
Means used to make the expert advice publicly available  
The reports of the aforementioned studies, r espectively, are available on the DG Enterprise 
and Industry website. 
• Impact assessment  
Three main policy options were analysed in deta il. Each consists of various sub-options for 
the engine categories and applications already covered by EU NRMM legislation, and for the 
ones that could come under its scope in the fu ture. Alongside the no-po licy change scenario, 
these options are: 
Option 2: Alignment with US standards in scope and limit values. 
Option 3: Step towards road sector ambition levels, for the most relevant emission sources. 
Option 4: Extended level of ambition th rough enhanced monitoring provisions. 
However, it was already taken into account in th e analytical design that the preferred choice 
might be a combination of elements from different options. The analysis of costs and benefits was carried out in individual m odules that allow for regrouping elements. 
Non-legislative options (e.g. a voluntary agreemen t with industry) have been considered, but 
the initial analysis concluded that such an approach would be unsuitable for reaching the 
initiative's objectives. This decision is based on the consideration that emission limits for 
NRMM engines are unlikely to be  effective and cannot guarantee a level playing field for all 
economic operators unless they are legally binding. 
The impact assessment was accepted by th e Impact Assessment Board following its 
presentation on 20 November 2013.  
3. L
EGAL ELEMENTS OF THE PROPOSAL  
• Summary of the proposed action  
                                                 
7 http://ec.europa.eu/transport/modes/inland/studies/inland_waterways_en.htm  EN 6   EN The proposal significantly upgrades the NRMM engi ne type-approval system with respect to 
the technical requirements on emissions by adop ting stricter levels, as well as introducing the 
“split-level approach”. 
The proposal will, through the delegated acts fo reseen herein, lay down in detail the new 
mandatory requirements for Stage V engine emis sion limits. In particular, the delegated acts 
adopted under this proposal  will include, amongst others: 
– detailed technical requirements of the test cycles; 
– technical test and measurement procedures; 
– detailed arrangements and requirements fo r the exceptions granted under this 
Regulation; 
– detailed provisions for type-approval procedures. 
• Legal basis  
The legal basis of the proposal is Article 114 of the Treaty on the Functioning of the 
European Union. 
• Subsidiarity principle  
The subsidiarity principle applies since th e proposal does not fall under the exclusive 
competence of the Union. 
As the proposal involves amendments to existing EU legislation, only the EU can effectively 
address the issues. Furthermore, the policy objectives cannot be sufficiently achieved by 
actions of the Member States. 
European Union action is necessary to avoid th e emergence of barriers to the single market 
notably in the field of NRMM engines, and b ecause of the transnational nature of air 
pollution. Even though the effects of the main  air pollutants are most severe close to the 
source, the effects on air quality are not limite d to the local level and cross-border pollution 
is a serious environmental problem that can rende r national solutions ineffective. In order to 
solve the problem of air pollution, conc erted action at EU level is required. 
Setting up emission limits and type-approval procedures at na tional level would potentially 
result in a patchwork of 28 different regimes,  which would represent a serious obstacle to 
intra-Union trade. Moreover, it could impo se a significant administrative and financial 
burden on manufacturers who are active in more than one market. Therefore, the objectives of the initiative under consideration cannot be  achieved without action at the EU level. 
Finally, a harmonised approach at EU level is expected to represent the most cost-efficient 
way for manufacturers and end-users to achieve emission reductions. 
The proposal therefore complies with  the subsidiarity principle. 
 
• Proportionality principle  
The proposal complies with the proportionality principle for the following reasons. 
As shown in the impact assessment, the proposal  complies with the proportionality principle 
because it does not go beyond what is necessar y in order to achieve the objectives of 
ensuring the proper functioning of the internal ma rket while at the same time providing for a 
high level of public safety a nd environmental protection. 
The simplification of the regulatory environment will significantly contribute to the 
reduction of administrative costs for national authorities and industry. 
• Choice of instruments  
Proposed instruments: regulation. EN 7   EN Other means would not be adequate for the following reasons. 
Directive 97/68/EC has been substantially ame nded several times. For reasons of clarity, 
predictability, rationality and simplificati on, the Commission is proposing to replace 
Directive 97/68/EC by a Regulation and a small number of delegated and implementing acts.  
Furthermore, the use of a Regulation will ensure  that the provisions concerned are directly 
applicable to manufacturers, approval authorities and technical services, and that they can be 
updated much faster and more efficiently to  take better account of technical progress 
The proposal uses the “split-level approach” is al ready used in other pieces of legislation in 
the area of EU type-approval of motor vehicles. This approach foresees legislation in two 
steps: 
• first, the fundamental provisions will be la id down by the European Parliament and the 
Council in a Regulation based on Article 114 of the Treaty on the Functioning of the European Union through the ordinary legislative procedure; 
• secondly, the technical specifications implementing the fundamental provisions will be 
laid down in delegated acts adopted by the Commission in accordance with Article 290 of 
the Treaty on the Functioning of the European Union. 
4. B
UDGETARY IMPLICATION  
The cost associated to setting up an electroni c database for the exchange of type-approval 
information was already asse ssed in a feasibility study8 commissioned by the UNECE in 
June 2006 and for cars, a European Type-Approval Exchange System (ETAES) already exists in the EU. 
While the feasibility study was not done on a publicly available database, it can still be 
assumed that the cost assessment provides a valid indication of the costs involved. 
The study predicted one off start-up costs in the € 50,000 to € 150,000 range and operating 
costs of € 5,000 to € 15,000 per month, depe nding on the length of the contract with the 
service provider. A similar monthly range is pr ovided for operating a help desk service, if 
required. 
5. A
DDITIONAL INFORMATION  
• Simulation, pilot phase and transitional period  
There are general and specific transitional periods  in the proposal in order to allow sufficient 
lead time for engine and machinery manufacturers, as well as for administrations. 
For the transition from the current emission st andards to the new emission stage, a newly 
developed transition scheme is proposed which is significantly simpler in administrative 
terms for manufacturers of engines and machinery, whilst at the same time substantially 
reducing the burden for the national approval authorities. 
With regard to the monitoring of in-ser vice emission performance of engines, pilot 
programmes are proposed with a view to de veloping appropriate testing procedures. 
• Simplification  
The proposal provides for simplification of legislation. An extremely complex Directive on NRMM engi ne emissions with 15 Annexes, which was 
amended 8 times without recasting, will be repealed. 
                                                 
8 T-Systems 2006, Database for the Exchange of Type Approval Documentation (DETA) Feasibility 
Study. EN 8   EN The proposal provides for simplification of ad ministrative procedures for public authorities. 
The proposal is included in the Commission's rolling programme for up-date and simplification of the ‘acquis communautaire’ and its Legislative Work Programme under the 
reference 2010/ENTR/001. 
• Repeal of existing legislation  
The adoption of the proposal will lead to  the repeal of existing legislation. 
• European Economic Area  
The proposed act concerns an EEA matter a nd should therefore extend to the European 
Economic Area. 
2014/0268 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on requirements relating to emission limit s and type-approval for internal combustion 
engines for non-road mobile machinery 
 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
9, 
Acting in accordance with the or dinary legislative procedure10, 
Whereas: (1) The internal market comprises an area w ithout internal frontiers in which the free 
movement of goods, persons, services and ca pital must be ensured. To this end 
measures for the reduction of air pollution by engines to be installed in non-road 
mobile machinery were established by Direc tive 97/68/EC of the European Parliament 
and of the Council
11. It is appropriate to pursue efforts in the development and 
operation of the internal market of the Union. 
                                                 
9 OJ L … 
10 OJ L … 
11 Directive 97/68/EC of the Euro pean Parliament and of the Counc il of 16 December 1997 on the 
approximation of the laws of the Member States relating to measures against the emission of gaseous 
and particulate pollutants from internal combustion engines to be installed in non-road mobile 
machinery (OJ L 59, 27.2.1998, p. 1). EN 9   EN (2) The internal market should be based on tran sparent, simple and consistent rules which 
provide legal certainty and clarity from which businesses and consumers alike can 
benefit. 
(3) With the aim of simplifying and accelerat ing its adoption, a new regulatory approach 
has been introduced in respect of Union engi ne type-approval legi slation. Accordingly, 
the legislator sets out the fundamental rules and principles and empowers the 
Commission to adopt delegated acts concerning further techni cal details. With regard 
to substantive requirements, this Re gulation should theref ore lay down only 
fundamental provisions on the emission of gaseous and particulate pollutants and 
empower the Commission to lay down the t echnical specifications in delegated acts. 
(4) Regulation (EU) No 167/2013 of the Eu ropean Parliament and of the Council12 has 
already established a regulat ory framework for the approv al and market surveillance 
of agricultural and forestry vehicles. Owing to the similarity of the fields and given the 
positive experience derived from the app lication of Regulation (EU) No 167/2013, 
many of the rights and obligations establis hed by that Regulation should be taken into 
consideration in respec t of non-road machinery. However, it is essential that a distinct 
set of rules be adopted to fu lly take into account the spec ific requirements of engines 
to be installed in non-road mobile machinery. 
(5) This Regulation should c ontain substantive requirements relating to emission limits 
and EU type-approval procedures for engine s to be installed in non-road mobile 
machinery. The main elements of the rele vant requirements of this Regulation are 
based on the results of the impact assessm ent of 20 November 2013 carried out by the 
Commission analysing diffe rent options by listing possible advantages and 
disadvantages in terms of economic, environm ental, safety and societal aspects. Both 
qualitative and quantitative aspects were included in that analysis. After comparison of the different options, the preferred options were identified and chosen to form the 
basis for this Regulation. 
(6) This Regulation aims to lay down harmonised rules for the EU type-approval of 
engines to be installed in non-road mobile  machinery, with a view to ensuring the 
functioning of the internal market. For th ese purposes, new emission limits should be 
established to reflect t echnological progress and ensure convergence with Union 
policies in the on-road sector, with a view  to achieving Union air quality targets and 
reducing the emissions from non-road mob ile 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 s hould be broadened, with a view to improving 
market harmonisation at EU and internationa l level and minimising the risk of market 
distortions. In addition, this Regulation aims  to simplify the current legal framework, 
including measures for simp lifying administrative procedures, and to improve the 
general conditions for enforcement, in part icular by strengthening the rules on market 
surveillance. 
(7) The requirements set out in respect of engines for non-road machinery and secondary 
engines for passenger and goods vehicles should follow the principles laid down in the Commission Communication of  5 June 2002 entitled ‘Act ion plan “Simplifying and 
improving the regulatory environment”’. 
                                                
 
12 Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the 
approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1). EN 10   EN (8) The Seventh General Union Environmen t Action Programme adopted by Decision No 
1386/2013/EU of the European Par liament and of the Council13 recalls that the Union 
has agreed to achieve levels of air quality th at do not give rise to significant negative 
impacts on, and risks to, human health and the environment. Union legislation has 
established appropriate emission limits for ambient air quality for the protection of 
human health and sensitive individuals in particular, as well as for national emission 
ceilings14. Following its Communication of 4 Ma y 2001, which established the ‘Clean 
Air For Europe (CAFE) programme’,  the Commission adopted another 
Communication on 21 September 2005 entitled ‘Thematic strategy for air pollution’. 
One of the conclusions of that thematic strate gy is that further re ductions in emissions 
from the transport sector (air, maritime a nd land transport), from households and from 
the energy, agricultural and i ndustrial sectors are needed to achieve EU air quality 
objectives. In this context, the task of re ducing emissions from engines installed in 
non-road mobile machinery (NRMM) should be  approached as part of an overall 
strategy. The Stage V emission limits are one of the measures designed to reduce the 
actual in-use emissions of air pollutants such as particulat e pollutants as well as ozone 
precursors such as nitrogen oxides (NOx) and hydrocarbons. 
(9) On 12 June 2012, the World Health Orga nisation (WHO), through its International 
Agency for Research on Cancer (IARC), re classified diesel engine exhaust as 
‘carcinogenic to humans’ (Group 1), based on sufficient evidence that exposure is 
associated with an increased risk for lung cancer. 
(10) Achieving the Union's ai r quality objectives requires a continuous effort to reduce 
engine emissions. For that reason, manufact urers should be pr ovided with clear 
information on future emission limit values and should be afforded an appropriate period of time in which to attain them a nd pursue the requisite technical developments. 
(11) In setting emission limits it  is important to take into account the implications for 
competitiveness of markets and manufacturers,  the direct and indirect costs imposed 
on business and the benefits that accrue in  terms of stimulating innovation, improving 
air quality, reducing health costs and increasing life expectancy. 
(12) Emissions from non-road mobile machiner y engines constitute a significant proportion 
of the total man-made emissions of certa in noxious atmospheric pollutants. Engines 
responsible for a considerab le share of air pollution by  nitrogen oxides (NOx) and 
particulate matter (PM) should fall within the scope of th e new emission limit rules. 
(13) The Commission should keep under review emissions which are, as yet, unregulated 
and which arise as a conseque nce of the wider use of new fuel formulations, engine 
technologies and emission control system s. The Commission should also, where 
necessary, submit a proposal to the European Parliament and to the Council with a view to regulating such emissions. 
(14) It is appropriate to en courage the introduction of altern ative fuel vehicles, which can 
have low NOx and particulate emissions. Thus, limit values for total hydrocarbons should be adapted in order to take into account non-methane hydrocarbons and 
methane emissions. 
                                                
 
13 Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a 
General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (OJ L 354, 28.12.2013, p. 171). 
14 Decision No 1600/2002/EC; Directive 2008/50/EC of the European Parliament and of the Council of 21 
May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1). EN 11   EN (15) In order to ensure that emissions of ultrafine particulate po llutants (size of 0,1 μm and 
below) are controlled, the Commission shoul d be empowered to adopt a number-based 
approach to emissions of particulate polluta nts, in addition to the mass-based approach 
which is currently used. The number-based a pproach to emissions of particles should 
draw on the results of the Particulate m easurement programme (PMP) of the United 
Nations Economic Commission for Europe ( UNECE) and be consistent with the 
existing ambitious objectives for the environment. 
(16) In order to achieve these environmental objectives, it is appropriate to indicate that the 
particle number limits are likely to reflect th e highest levels of performance currently 
obtained with particle filters by us ing the best available technology. 
(17) The Commission should adopt worldwide harmonised testing cy cles in the test 
procedures that provide the basis for EU  type-approval emissions regulations. The 
application of portable emissions measurem ent systems for monitoring the actual in-
use emissions should also be considered. 
(18) In order to better control actual in-u se emissions and to prepare the in-service 
conformity process, a testing methodology for monitoring the emission performance 
requirements based on the use of portable emission measurement systems should be adopted within an appropriate timeframe. 
(19) The correct functioning of th e after-treatment system, and more specifically in the case 
of NOx, is the basic requirement for fulfilling the established limits for pollutant emissions. In this context, measures to guarantee the proper operation of systems relying on the use of a reag ent should be introduced. 
(20) Engines which are in compliance with and covered by the scope of the new rules on 
emission limits and EU type-approval pro cedures should be permitted to be placed on 
the market in the Member States; those e ngines should not be subject to any other 
national emission requirement. Member St ate granting approvals should take the 
necessary verification measures in order to ensure the identification of engines 
produced under each EU type-approval. 
(21) A limited number of exemptions should be granted to addre ss the specific needs 
related to armed forces, logistic supply cons traints, field testing of prototypes and the 
use of machinery in explosive atmospheres. 
(22) The national authorities’ obligations laid  down in the market surveillance provisions 
of this Regulation are more  specific than the corres ponding provisions of Regulation 
(EC) No 765/2008 of the European Parliament and of the Council
15. 
(23) In order to ensure that the procedur e for monitoring conformity of production, which 
is one of the cornerstones of the EU type-approval system, has been correctly 
implemented and functions properly, manufact urers should be regularly checked by 
the appointed competent authority or by an appropriately qualifie d technical service 
designated for that purpose. 
(24) The Union is a contracting party of the Agreement of the United Nations Economic 
Commission for Europe concerning the adopti on of uniform technical prescriptions for 
wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled 
                                                 
15 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out 
the requirements for accreditation an d market surveillance relating to the marketing of products (OJ L 
218, 13.8.2008, p. 30). EN 12   EN vehicles and the conditions for reciprocal recognition of approvals  granted on the basis 
of these prescriptions (‘R evised 1958 Agreement’). 
(25) As a consequence, UNECE regulations and the amendments thereto which the Union 
has voted in favour of or to which the Un ion has acceded, in application of Decision 
97/836/EC, should be recognized  as equivalent to EU type-approvals granted under 
this Regulation. Accordingly, the Comm ission should be empowered to adopt 
delegated acts in order to determine whic h UNECE regulations will apply to EU type-
approvals. 
(26) In order to ensure uniform conditions for the implementation of this Regulation, 
implementing powers should be conferred on the Commission. Those powers should 
be exercised in accordance with Regula tion (EU) No 182/2011 of the European 
Parliament and of the Council16. 
(27) In order to supplement this Regulation w ith further technical details, the power to 
adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of engine families, 
tampering, monitoring of in-service emi ssion performance, technical tests and 
measurement procedures, conformity of pr oduction, separate delivery of an engine´s 
exhaust after-treatment system, engines for fi eld-testing, engines for use in hazardous 
atmospheres, equivalence of engine type -approvals, information for OEMs and end-
users, self-testing, standards and assessment of technical services, fully and partially 
gaseous fuelled engines, measurement of the particulate number and test cycles. It is 
of particular importance that the Commi ssion carry out appropriate consultations 
during its preparatory work, including at  expert level. The Commission, when 
preparing and drawing up delegated acts, should ensure a simultaneous, timely and 
appropriate transmission of relevant documen ts to the European Parliament and to the 
Council. 
(28) Member States should lay down rules on pena lties applicable to in fringements of this 
Regulation and ensure that they are implement ed. Those penalties should be effective, 
proportionate and dissuasive. 
(29) With a view to taking into account on- going technical progress a nd the latest findings 
in the fields of research and innovation, it is  appropriate to identi fy further pollutant 
emission reduction potential of  engines installed in non-ro ad mobile machinery. The 
focus of these assessments should be on thos e engine categories that are included for 
the first time in the scope of this Regulation and on those for which emission limit values remain unaltered under this Regulation. 
(30) In the interest of clarity, predictability, rationality and simplification and in order to 
reduce the burden for engine and machiner y manufacturers, this Regulation should 
contain only a limited number of implementa tion stages for the introduction of new 
emission levels and type-appr oval procedures. Timely definition of requirements is 
essential to ensuring suffici ent lead-time for manufactur ers to develop, test and 
implement technical solutions for engines pr oduced in series, and for manufacturers 
and approval authorities in the Member States to put in place the necessary 
administrative systems. 
                                                
 
16 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the rules and general principles concerni ng mechanisms for contro l by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). EN 13   EN (31) Directive 97/68/EC has b een substantially amended several times. In the interests of 
clarity, predictability, rationality and si mplification, Directive 97/68/EC should be 
replaced by a Regulation and a small number of delegated and im plementing acts. The 
use of a Regulation should ensu re that the provisions concer ned are directly applicable 
to manufacturers, approval authorities and technical services, and that they can be 
updated much faster and more efficiently to  take better account of  technical progress. 
(32) As a consequence of the a pplication of the new regulatory system set in place by this 
Regulation, Directive 97/68/EC should be re pealed with effect from 1 January 2017. 
This date should allow industry sufficient time to adapt to the new provisions laid 
down in this Regulation and to the technical specifications and administrative provisions to be set out in  the delegated and implemen ting acts adopted pursuant to 
this Regulation. 
(33) Since the objectives of this Regulation, namely to lay down harmonised rules on the 
administrative and technical requirements relating to emission limits and EU type-
approval procedures for engines to be inst alled in non-road mobile machinery, cannot 
be sufficiently achieved by the Member Stat es, and can therefore, by reason of their 
scale and effects, be better achieved at Union level, the Union may adopt measures in 
accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on 
European Union. In accordance with the princi ple of proportionality, as set out in that 
Article, this Regulation does not go beyond what is necessary in order to achieve those 
objectives, 
 HAVE ADOPTED THIS REGULATION:  
CHAPTER  I 
SUBJECT  MATTER,  SCOPE  AND  DEFINITIONS  
Article 1 
Subject matter 
 
This Regulation establishes emission limits for gaseous pollutants and particulate matter and 
the administrative and technical requirements relating to EU type-approval for all engine 
types and engine families referred to in Article 2(1). 
This Regulation also establishes the requirements for the market surveillance of engines to be 
installed or intended to be installed in non-ro ad mobile machinery, which are subject to EU 
type-approval. 
 
Article 2 
Scope 
1. This Regulation shall apply to all engines set out in Article 4, which are installed in, 
or intended to be installed in, non-road mobile machinery, with the exception of engines for export to third countries. EN 14   EN 2. This Regulation shall no t apply to engines for: 
(a) the propulsion of vehicles as defined by point (13) of Artic le 3 of Directive 
2007/46/EC of the European Parliament and of the Council17; 
(b) the propulsion of agricultural and forestry vehicles as defined by point (11) of 
Article 3 of Regulation (E U) No 167/2013 of the European Parliament and of 
the Council18; 
(c) stationary machinery; 
(d) sea-going vessels, requiring a valid maritim e navigation or safety certificate; 
(e) the propulsion of inland waterway ve ssels of net power less than 37 kW; 
(f) recreational craft as defined by Di rective 2013/53/EU of the European 
Parliament and of the Council 19; 
(g) aircraft; 
(h) any recreational vehicles, except snowmob iles, all-terrain vehicles (ATV) and 
side-by-side vehicles (SbS); 
(i) vehicles and machinery exclusively intended for use in competition; 
(j) reduced-scale models or reduced-scale re plicas of vehicles or machines when 
these models or replicas have  a net power less than 19 kW. 
 
Article 3 
Definitions 
For the purposes of this Regulation, th e following definitions shall apply: 
(1) “non-road mobile machinery” means any m obile machine, transportable equipment or 
vehicle with or wit hout body work or wheels, not inte nded for the use of passenger or 
goods transport on roads; it includes mach inery installed on the chassis of vehicles 
intended for passenger or goods transport on roads; 
(2) “EU type-approval” means the procedure wher eby an approval authority certifies that an 
engine type or engine family satisfies the re levant administrative provisions and technical 
requirements of this Regulation; 
(3) “gaseous pollutants” means carbon monoxide  (CO), total hydrocar bons (HC) and oxides 
of nitrogen (NOx), the last named being ni tric oxide (NO) and nitrogen dioxide (NO 2), 
expressed as nitrogen dioxide (NO2) equivalent; 
(4) “Particulate Matter (PM)” means any material collected on a specified filter medium after 
diluting engine exhaust gas with clean filtered air so that the temperature does not exceed 
325 K (52 °C); 
                                                 
17 Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing 
a framework for the approval of motor vehicles and their trailers, and of the systems, components and 
separate technical units intended for such vehicles (OJ L 263, 9.10.2007, p.1). 
18 Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the 
approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.03.2013, p. 1). 
19 Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on 
recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 
90). EN 15   EN (5) “Particle Number (PN)” means the number of solid particles with a diameter greater than 
23nm; 
(6) “engine” means an energy converter other th an a gas turbine in which combustion of the 
fuel takes place in a confined space, producing expanding gases that are used directly to 
provide mechanical power, for which EU type -approval may be grante d; it includes the 
emission control system and the communica tion interface (hardware and messages) 
between the engine system electronic contro l unit(s) (ECU) and any other powertrain or 
vehicle control unit necessary to comply with Chapters II and III; 
(7) “engine type” means a specification of engi nes which do not differ in essential engine 
characteristics; 
(8) “engine family” means a manufacturer's gr ouping of engine type s which, through their 
design, have similar exhaust emission characte ristics and respect th e applicable emission 
limit values; 
(9) “parent engine” means an engine type selected  from an engine family in such a way that 
its emissions characteristics are representative for that engine family; 
(10) “Compression Ignition (CI) engine” means an engine that works on the compression-
ignition principle; 
(11) “Spark Ignition (SI) engine” means an engi ne that works on the spark-ignition principle; 
(12) “dual-fuel engine” means an engine that  is designed to simultaneously operate with a 
liquid fuel and a gaseous fuel , both fuels being metered se parately, the consumed amount 
of one of the fuels relative to the othe r one being able to vary depending on the 
operation; 
(13) “single-fuel engine” means an engine that is not a dual-fuel engine as defined in point 
(12); 
(14) “liquid fuel” means a fuel which exists  in the liquid state under standard ambient 
conditions20; 
(15) “gaseous fuel” means any fuel which is wholly gaseous at standard ambient conditions20; 
(16) “Gas Energy Ratio (GER)”means, in the case of a dual-fuel engine, the ratio of the 
energy content of the gaseous fuel over the en ergy content of both fu els; in the case of 
single-fuel engines, GER is defi ned as being either 1 or 0 ac cording to the type of fuel; 
(17) “variable-speed engine” means an engine th at is not a constant-speed engine as defined 
in point 18; 
(18) “constant-speed engine” means an engine  whose type-approval is limited to constant 
speed operation, excluding engines whose consta nt-speed governor function is removed 
or disabled; a constant speed engine may be pr ovided with an idle speed that can be used 
during start-up or shut-down; a constant speed engine may be equipped with a governor 
that can be set to alternative speeds when the engine is stopped; 
(19) “constant-speed operation” means engine  operation with a governor  that automatically 
controls the operator demand to maintain engine spee d, even under changing load; 
(20) “hand-held SI engine” means an SI engi ne that meets at least one of the following 
requirements: 
                                                 
20 298K, total ambient pressure 101,3 kPa. EN 16   EN (a) it is used in a piece of  equipment that is carried  by the operator throughout the 
performance of its intended function(s), 
(b) it is used in a piece of equipment that operates multi-positionally, such as upside 
down or sideways, to comple te its intended function(s), 
(c) the engine must be used in a piece of  equipment for which the combined engine 
and equipment dry weight is less than 20 kilograms and meets at  least one of the 
following conditions: 
(i) its operator provides support or, alternatively, carries the equipment 
throughout the performance of  its intended function(s), 
(ii) its operator provides support or attitudinal control for the equipment 
throughout the performance of  its intended function(s), 
(iii) it is used in a generator or a pump; 
(21) “propulsion engine” mean s an engine intended to dire ctly or indirectly provide 
propulsion for a type of non-road mobile  machine as defined in point (1); 
(22) “auxiliary engine” means an engine installed or intended for installation in or on a non-
road mobile machine that is not a propulsion engine; 
(23) “net power” means the engine power obtaine d on a test bench at th e end of a crankshaft, 
or its equivalent, measured in accordance wi th the method of measuring the power of 
internal combustion engines specified in UNECE Regulation No. 120 using a reference 
fuel set out in Article 24(2); 
(24) “reference power” means the net power that shall be used to determine the applicable 
emission limit values for the engine; 
(25) “rated net power” means net power as declar ed by the manufacturer of  an engine at rated 
speed; 
(26) “maximum net power” means the highest va lue of the net power on the nominal full-load 
power curve for the engine type; 
(27) “rated speed” means the engine speed at which, according to the statement of the 
manufacturer, the rated power is delivered; 
(28) “engine production date” means the date (expressed as the month and year) when the 
engine passes the final check after it has left the production line and is ready to be 
delivered or to be put on stock; 
(29) “transition period” means the first eighteen months fo llowing the date of mandatory 
implementation of Stage V, as referred to in Article 17(2); 
(30) “transition engine” means an  engine which has an engine pr oduction date that is prior to 
the dates for placing on the market of engines referred to in Article 17(2) and meets any 
of the following requirements: 
(a) is in conformity with the latest applicable emission limits defined in the 
relevant legislation applicab le on the date of entry into force of this Regulation, 
or 
(b) was not regulated at Union level on th e date of entry into force of this 
Regulation; EN 17   EN (31) “machine production date” means the year indicated on the statutory marking of the 
machine or, in absence of a mandatory mark ing, the year when the machine passes the 
final check after it has left the production line; 
(32) “inland waterway vessel” means a vess el falling within the scope of Directive 
2006/87/EC; 
(33) “generating set” means an independent non -road mobile machine that is not part of a 
power train, primarily intended to produce electric power; 
(34) “stationary machinery” means machinery that  is intended to be permanently installed in 
one location in its first use and not intended to be moved, on road or otherwise, except 
during shipment from the place of manufact ure to the place of first installation; 
(35) “permanently installed” means bolted, or ot herwise effectively fixe d so that it cannot be 
removed without the use of tools or equi pment, to a foundation or an alternative 
constraint intended to cause th e engine to operate in one single location at a building, 
structure, facility or installation; 
(36) “reduced-scale model repl ica” means a model or replica machine or vehicle that is 
manufactured to a smaller scale than the original for recreational purposes; 
(37) “snowmobile” means a self-propelled mach ine that is intended for off-road travel 
primarily on snow, is driven by tracks in contact with snow and steered by a ski or skis 
in contact with the snow, and has a maximu m unladen mass, in running order, of 454 kg 
(including standard equipment, coolant, lu bricants, fuel, tools and 75 kg driver but 
excluding optional accessories); 
(38) “All-Terrain Vehicle (A TV)” means a motorised vehicle, propelled by an engine, 
intended primarily to travel on unpaved su rfaces on four or more wheels with low-
pressure tyres, having a seat designed to be straddled by the dr iver only or a seat 
designed to be straddled by th e driver and a seat for no mo re than one passenger, and 
handlebars for steering; 
(39) “Side-by Side vehicle (SbS)”, means a self-propelled, ope rator-controlled, non-
articulated vehicle intended primarily to travel on unpaved surfaces on four or more 
wheels, having a minimum unladen mass, in running order, of 300 kg (including 
standard equipment, coolant, lubricants, fuel, tools and 75 kg driver but excluding 
optional accessories) and a maxi mum design speed of 25 km/h or more; in addition, it is 
designed to transport persons  and/or cargo and pull and pus h equipment and steered by a 
control other than a handlebar, designed for recreational or utility purposes and shall 
carry no more than 6 people including the driver, sitting si de by side on one or more 
non-straddle seats; 
(40) “railcar” means a railway ve hicle that is designed to provi de, either dir ectly through its 
own wheels or indirectly thr ough the wheels of other railway  vehicles, the motive power 
for propelling itself, and that is specifically designed to carry goods or passengers, or 
both goods and passengers, and is not a locomotive; 
(41) “locomotive” means a rail way vehicle designed to provide,  either direc tly through its 
own wheels or indirectly thr ough the wheels of other railway  vehicles, the motive power 
for propelling itself and for propelling other ra ilway vehicles that are designed to carry 
freight, passengers and other e quipment, itself being designed  or intended not to carry 
freight or passengers (other than  those operating the locomotive); 
(42) “auxiliary railway vehicle” means a railway vehicle that is not a railcar as defined in 
point (40) or locomotive as defined in point (41), including but not limited to, a railway EN 18   EN vehicle specifically designed to perform maintenance or construction work or lifting 
operations associated with the track or  other infrastructure of the railway; 
(43) “railway vehicle” means a type of non-road  mobile machine that operates exclusively on 
railway tracks; 
(44) “making available on the market” means any supply of an engine as  defined in point (6) 
for distribution or use on the Union market in the course of a commercial activity, 
whether in return for payment or free of charge; 
(45) “placing on the market” means the first making available of an engine on the Union 
market, as defined in point (6); 
(46) “manufacturer” means any natural or lega l person who is respons ible to the approval 
authority for all aspects of the engine EU type-approval or authorisation process, for 
ensuring conformity of the engine production and who is also responsible for market 
surveillance concerns for the engines produce d, whether or not dire ctly involved in all 
stages of the design and constr uction of the engine which is the subject of the approval 
process; 
(47) “manufacturer’s representative” means any natural or legal person established in the 
Union who is duly appointed  by the manufacturer to repr esent the manufacturer in 
matters related to the approval authority or the market surveillance authority and to act 
on the manufacturer’s behalf in matters covered by this Regulation; 
(48) “importer” means any natural or legal pers on established in the Union who places on the 
market an engine as defined in point (6) fr om a third country, whet her or not the engine 
is already installed in machinery; 
(49) “distributor” means any natural or lega l person in the supply chain, other than the 
manufacturer or the importer, who makes available on the ma rket an engine as defined 
in point (6); 
(50) “economic operator” means the manufacturer as defined in point ( 46), the manufacturer’s 
representative as defined in point (47), th e importer as defined in  point (48) or the 
distributor as defi ned in point (49); 
(51) “Original Equipment Manufacturer (OEM)”  means a manufacturer of non-road mobile 
machinery;  
(52) “approval authority” means the authority of  a Member State estab lished or appointed by 
the Member State and notified to the Comm ission by the Member State with competence 
for all aspects of the approva l of an engine type or of an engine family, for the 
authorisation process, for is suing and, if appropriate, wi thdrawing or refusing approval 
certificates, for acting as the contact point for the approval authorities of other Member 
States, for designating the t echnical services and for en suring that th e manufacturer 
meets his obligations regarding the conformity of production; 
(53) “technical service” means an organisati on or body designated by the approval authority 
of a Member State as a testing laboratory to carry out tests, or as a conformity 
assessment body to carry out the initial assess ment and other tests or inspections, on 
behalf of the approval  authority, it being possible for the approval aut hority itself to 
carry out those functions; 
(54) “market surveillance” means the activities carried out and measures taken by national 
authorities to ensure that engines made available on the market comply with the 
requirements set out in the relevant Union harmonisation legislation and do not endanger EN 19   EN health, or the environment, or put at risk any other aspect of the protectio n of the public 
interest; 
(55) “market surveillance authority” means an authority of a Member State responsible for 
carrying out market surveillance on its territory; 
(56) “national authority” mean s an approval authority or any other authority involved in and 
responsible for market surveilla nce, border control or placin g on the market in a Member 
State, in respect of engines to be in stalled in non-road mobile machinery; 
(57) “end-user” means any natural or legal person other than the manufacturer, OEM, 
importer or distributor that is responsible for operating the engine when installed in a 
type of non-road mobile machinery; 
(58) “information document” me ans the document that prescribes the information to be 
supplied by an applicant; 
(59) “information folder” means the totality of the folder or file of data, drawings, 
photographs, etc. supplied by th e applicant to the technica l service or the approval 
authority; 
(60) “information package” means the informa tion folder and any te st reports or other 
documents that the technical  service or the approval au thority have added to the 
information folder in the course  of carrying out their functions; 
(61) “index to the information package” mean s the document in which the contents of the 
information package, suitably numbered or otherwise marked to clearly identify all 
pages, are listed; 
(62) “defeat strategy” means an emission control strategy that reduces the effectiveness of the 
emission controls under ambient or engine  operating conditions encountered either 
during normal machine operation or outside the EU type-approval test procedures; 
(63) “emission control system” means any device, system or element of design which controls 
or reduces emissions; 
(64) “fuel system” means all components involv ed in the metering and mixture of the fuel; 
(65) “electronic control unit” means an engine's electronic device that is part of the emission 
control system and uses data from engine  sensors to control engine parameters; 
(66) “exhaust after-treatment system” means a catalyst, part iculate filter, deNOx system, 
combined deNOx particulate filter or any ot her emission-reducing devi ce that is part of 
the emission control system but is installe d downstream of the en gine exhaust valves, 
with the exception of ex haust gas recirculation (E GR) and turbochargers; 
(67) “exhaust gas recirculation (EGR)” means a technology that is part of the emission control 
system and reduces emissions by routing exha ust gases that had been expelled from the 
combustion chamber(s) back into the engine to be mixed with incoming air before or 
during combustion, with the ex ception of the use of  valve timing to increase the amount 
of residual exhaust gas in the combustion ch amber(s) that is mixed with incoming air 
before or during combustion; 
(68) “tampering” means inactivation, adjustme nt or modification of the engine emission 
control system, including any software or other logical control elements of those 
systems, that has the effect, whether in tended or not, of worsening the emissions 
performance of the engine; EN 20   EN (69) “test cycle” means a sequence of test points,  each with a defined speed and torque, to be 
followed by the engine when being tested  under steady state or  transient operating 
conditions; 
(70) “steady-state test cycle” means a test cycle in which engine speed and torque are held at a 
finite set of nominally constant  values. Steady-state tests are e ither discrete mode tests or 
ramped-modal tests; 
(71) “transient test cycle” means a test cycl e with a sequence of normalized speed and torque 
values that vary on a second-by-second basis with time; 
(72) “self-testing” means the pe rformance of tests in his or he r own facilities, the registration 
of the test results and the submission of a report, including conclusions, to the approval 
authority by a manufacturer who has been de signated as technical service in order to 
assess the compliance with  certain requirements; 
(73) “crankcase” means the enclosed spaces in, or  external to, an engi ne which are connected 
to the oil sump by internal or external ducts through which gases and vapours can be emitted; 
(74) “regeneration” means an event during wh ich emissions levels change while the after-
treatment performance is being restored by design, being classified as continuous 
regeneration or infrequent  (periodic) regeneration; 
(75) “emission durability period” means the number of hours used to determine the 
deterioration factors; 
(76) “deterioration factors” means the set of factors that indicate th e relationship between 
emissions at the start and end of  the emission durability period; 
(77) “virtual testing” mean s computer simulations, includi ng calculations, undertaken to 
demonstrate the level of performance of an engine as an aid to decision-making without 
requiring the use of a physical engine; 
(78) “intermediate speed application” means an  application for SI e ngines other than hand-
held SI engines in which the installed engi ne is intended for operation at speeds 
substantially below 3600 rpm; 
(79) “rated speed application” means an application for SI e ngines other than hand-held SI 
engines in which the installed engine is inte nded for operation at a rated speed that is 
nominally 3600 rpm or higher. 
The Commission shall be empowered to adopt de legated acts in accord ance with Article 55 
concerning the detailed technical sp ecifications of the definitions in points (7), (8), (19), (27), 
(74) and (76). Those delegated acts shall be adopted by [31 December 2016]. 
Article 4 
Engine categories 
For the purposes of this Regulation, the following  engine categories, subdivided into the sub-
categories set out in Annex I, shall apply: 
(1) ‘Category NRE’, comprising: 
(a) engines for non-road mobile machinery intended and suited to move, or to be 
moved by road or otherwise that are not  excluded under Article 2(2) and are 
not included in any other category set out in points (2) to (10), EN 21   EN (b) engines with a reference power of less th an 560 kW used in place of engines of 
categories IWP, RLL or RLR; 
(2) ‘Category NRG’, comprising engines having a reference power that is greater than 560 
kW exclusively for use in generating sets.  
Engines for generating sets other than those ha ving the characteristics set out in the first 
sub-paragraph shall be included in the cat egories NRE or NRS, according to their 
characteristics; 
(3) ‘Category NRSh’, comprising hand-held SI  engines having a refe rence power that is 
less than 19 kW exclusively for use in hand-held machinery; 
(4) ‘Category NRS’, comprising SI  engines, having a reference power that is less than 56 
kW and not included in category NRSh; 
(5) ‘Category IWP’, comprising: 
(a) engines exclusively for use in inland waterway vessels, for their propulsion or 
intended for their propulsion, having a refe rence power that is greater than or 
equal to 37 kW, 
(b) engines with a reference power greater th an 560 kW used in place of engines of 
category IWA subject to complying with  the requirements of Article 23(8); 
(6) ‘Category IWA’, comprising engines exclus ively for use in inland waterway vessels, 
for auxiliary purposes or intended for auxi liary purposes, having a net power that is 
greater than 560 kW. 
Auxiliary engines for inland waterway vessels other than those having the characteristics 
set out in the first sub-paragraph shall be  included in the categories NRE or NRS, 
according to their characteristics; 
(7) ‘Category RLL’, comprising engines excl usively for use in locomotives, for their 
propulsion or intended for their propulsion; 
(8) ‘Category RLR’, comprisi ng engines exclusively for us e in railcars, for their 
propulsion or intended for their propulsion; 
(9) ‘Category SMB’, comprising SI engine s exclusively for use in snowmobiles. 
Engines for snowmobiles other than those havi ng the characteristics set out in the first 
sub-paragraph shall be incl uded in the category NRE; 
(10) ‘Category ATS’, comprising SI engines exclusively for us e in all terrain and side-by-
side vehicles (ATVs and SbS). 
Engines for ATVs and SbS other than those ha ving the characteristics set out in the first 
sub-paragraph shall be incl uded in the category NRE. 
 An engine of a particular category intended for use in a variable speed  application may also 
be used in place of an engine  of the same category intended for use in a constant speed 
application. Variable speed engi nes of category IWP used in cons tant speed applications shall 
additionally comply with the requirements of Article 23(7) or Article 23(8), as applicable. 
Engines for auxiliary rail vehicl es and auxiliary engines for railc ars shall be included in the 
categories NRE or NRS, accordi ng to their characteristics. 
 EN 22   EN  
CHAPTER  II 
GENERAL  OBLIGATIONS  
Article 5 
Obligations of Member States 
1. Member States shall establish or appoi nt the approval authorities competent in 
matters concerning approval and the market  surveillance authorities competent in 
matters concerning market su rveillance in accordance with  this Regulation. Member 
States shall notify the Commission of the establishment and appointment of such 
authorities. 
2. The notification of the a pproval and market surveillanc e authorities shall include 
their name, their address, including their electronic address, and their area of 
responsibility. The Commission shall publish on  its website a list and details of the 
approval authorities. 
3. Member States shall only permit the placing on the market of engines, whether or not 
already installed in machinery, that are co vered by a valid EU type-approval granted 
in accordance with this Regulation. 
Member States shall only permit the pl acing on the market of machinery where 
engines that are covered by a valid EU type-approval granted in accordance with this 
Regulation are installed. 
4. Member States shall not prohibit, restri ct or impede the placing on the market of 
engines on grounds related to aspects of their construction and functioning covered 
by this Regulation, if they satisfy its requirements. 
5. Member States shall organise and carry out market surveillan ce and the control of 
engines entering the market in accordance with Chapter III of Regulation (EC) No 
765/2008 of the European Parliament and of the Council21. 
Article 6 
Obligations of approval authorities 
1. Approval authorities shall ensure that ma nufacturers applying for EU type-approval 
comply with their obligat ions under this Regulation. 
2. Approval authorities shall gr ant EU type-approval only to the engine types or engine 
families that satisfy the requirements of this Regulation. 
3. Approval authorities shall make public by means of the Union central administrative 
platform referred to in Article 41, a register  of all engine types and engine families, 
for which they have granted EU type-appr oval, containing at least the following 
information: trademark, designation of ma nufacturer, engine cat egory, number of 
type-approval, and date of type-approval. 
                                                 
21 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out 
the requirements for accreditation and market surve illance relating to the marketing of products and 
repealing Regulation (EEC) No 339/93 (OJ L 218, 13.08.2008, p. 30). EN 23   EN Article 7 
Market surveillance measures 
For EU type-approved engines, market surveillan ce authorities shall perform, on an adequate 
scale and on the basis of adequate samples,  documentary checks and, where appropriate, 
physical and laboratory checks of engines. Wh en doing so, they shall take account of 
established principles of risk assessment, of any complaints a nd of other relevant information. 
Market surveillance authorities may require eco nomic operators to make such documentation 
and information available as is deemed n ecessary for the purpose of carrying out their 
activities. 
Where economic operators present test report s or certificates of conformity, market 
surveillance authorities sha ll take due account of such  reports or certificates. 
Article 8 
Obligations of manufacturers 
1. Manufacturers shall ensure that when thei r engines are placed on the market, they are 
manufactured and approved in accordance with  the requirements set out in Chapters 
II and III of this Regulation. 
2. For the purposes of approva l of engines, manufacturers established outside the Union 
shall appoint a single representative established within the Union to represent them in their dealings with the approval authority. 
3. Manufacturers established out side the Union shall appoint  a single representative 
established within the Union for the purposes  of market surveilla nce, which may be 
the representative referred to in para graph 2 or a differe nt representative. 
4. Manufacturers shall be responsible to the approval authority for all aspects of the 
approval process and for ensuring conformity  of production, whether or not they are 
directly involved in all stages of the constructi on of an engine. 
5. In accordance with this Regulation, manufact urers shall ensure that procedures are in 
place for series production to remain in c onformity with the approved type. Changes 
in design of an engine or its  characteristics and changes in the requirements to which 
an engine is declared to conform shall be taken into account in accordance with 
Chapter VI. 
6. In addition to the marking affixed to th eir engines in accordance with Article 31, 
manufacturers shall indicate on their engines made ava ilable on the market their 
name, registered trade name or registered trade mark and the address in the Union at 
which they can be contacted or, where that is not possible, on its packaging or in a 
document accompanying the engine. 
7. Manufacturers shall ensure that, whilst they  are responsible for an engine, storage or 
transport conditions do not jeopardise its co mpliance with the requirements set out in 
Chapters II and III. 
Article 9 
Obligations of manufacturers concerning thei r products that are not in conformity 
1. Manufacturers who consider or have reason to  believe that their e ngine that has been 
placed on the market is not in conformity  with this Regulation shall immediately EN 24   EN conduct an investigation into the nature of  the non-conformity and the likelihood of 
its occurrence. They shall take correct ive action, based upon the outcome of the 
investigation, to ensure that  engines in production are br ought into conformity with 
the approved type or family in a timely manne r. If proportionate to the nature of the 
non-conformity and its likely occurrence, the provisions of Article 38 shall apply. 
Notwithstanding the requirements of the first sub-paragraph, the manufacturer will 
not be required to take corrective measures  in respect of engines which are not in 
conformity with this Regulation as a resu lt of modifications made after the engine 
has been placed on the market that have not been authorised by the manufacturer. 
2. The manufacturer shall imme diately inform the approval authority that granted the 
approval, giving details, in particular, of  the non-conformity and of any corrective 
measures taken. 
3. Manufacturers shall keep the information p ackage referred to in Article 21(9) and a 
copy of the certificates of conformity referre d to in Article 30 at the disposal of the 
approval authorities for a period of 10 year s after the placing on the market of an 
engine. 
4. Manufacturers shall, following a reasoned re quest from a national authority, provide 
that authority through the approval author ity with a copy of the EU type-approval 
certificate for an engine, in a language  which can be easily understood by the 
requesting authority. 
Article 10 
Obligations of manufacturer’s representativ es concerning market surveillance 
The manufacturer’s representative for market surv eillance shall perform the tasks specified in 
the mandate received from the manufacturer. That  mandate shall allow a representative to do 
at least the following: 
(1) have access to the information folder refe rred to in Article 20 a nd the certificates of 
conformity referred to in Article 30 so that they can be placed at the disposal of the 
approval authorities for a period of 10 year s after the placing on the market of an 
engine; 
(2) following a reasoned request from an appr oval authority, provide that authority with 
all the information and documentation necessa ry to demonstrate the conformity of 
production of an engine; 
(3) cooperate with the approval or market su rveillance authorities, at their request, on 
any action taken to eliminate any serious ri sk to safety posed by engines covered by 
their mandate. 
Article 11 
Obligations of importers 
1. Importers shall place on the market only co mpliant engines which have received EU 
type-approval. 
2. Before placing on the market an EU type -approved engine, importers shall ensure 
that an information package complying with  Article 21(9) is available and that the 
engine bears the required marki ng and complies with Article 8(6). EN 25   EN 3. Importers shall, for a period of 10 years af ter the placing on the market of the engine, 
keep a copy of the certific ate of conformity at the disposal of the approval and 
market surveillance authorities, and ensure that the information package as referred 
to in Article 21(9) can be made ava ilable to those authorities, upon request. 
4. Importers shall indicate their name, regist ered trade name or registered trade mark 
and the address at which they can be cont acted on the engine or , where this is not 
possible, on its packaging or in a document accompanying the engine. 
5. Importers shall make available instructions and information, as required in 
accordance with Article 41. 
6. Importers shall ensure that, whilst they are responsible for an  engine, storage or 
transport conditions do not jeopardise its co mpliance with the requirements set out in 
Chapters II and III. 
Article 12 
Obligations of importers concerning their products that are not in conformity 
1. Importers who consider or have reason to be lieve that an engine is not in conformity 
with the requirements of this Regulation, and in particular that it does not correspond 
to its type-approval, shall not  distribute the engine until  it has been brought into 
conformity. Furthermore, they shall in form the manufacturer and the market 
surveillance authorities, as well as the approval authority that has granted the approval to that effect. 
2. Importers who consider or have reason to believe that an engine which they have 
placed on the market is not in conformity  with this Regulation shall immediately 
conduct an investigation into the nature of  the non-conformity and the likelihood of 
its occurrence. They shall take correct ive action, based upon the outcome of the 
investigation, to ensure that  engines in production are br ought into conformity with 
the approved type or family in a timely manne r. If proportionate to the nature of the 
non-conformity and its likely occurrence, the provisions of Article 38 may apply.  
3. Importers shall, following a reasoned re quest from a national authority, provide it 
with all the information and documentation necessary to demonstr ate the conformity 
of an engine in a language which can be easily understood by that authority. 
Article 13 
Obligations of distributors 
1. When making an engine available on the ma rket, distributors shall act with due care 
in relation to the requirements of this Regulation. 
2. Before making an engine available on the ma rket, distributors sh all verify that the 
engine bears the required stat utory marking or EU type-a pproval mark, that required 
documents, instructions and safety informa tion is available in a language that is 
understandable to the OEM, and that th e importer and the manufacturer have 
complied with the requirements set out in Article 11(2) and (4) and Article 31(1) and (2). 
3. Distributors shall ensure that, whilst they  are responsible for an engine, storage or 
transport conditions do not jeopardise its co mpliance with the requirements set out in 
Chapters II and III. EN 26   EN Article 14 
Obligations of distributors concerning thei r products that are not in conformity 
1. Where distributors consider or have reas on to believe that an engine is not in 
conformity with the requirements of this  Regulation, they sha ll not distribute the 
engine until it has been brought into conformity. 
2. Distributors who consider or  have reason to believe that an engine which they have 
distributed is not in conformity with this Regulation shall inform the manufacturer or 
the manufacturer’s representativ e to ensure that the correc tive measures necessary to 
bring engines in production into conformity  with the approved type or family are 
taken in accordance with Artic le 9(1) or Article 12(2). 
3. Distributors shall, following a reasoned re quest from a national authority, ensure that 
the manufacturer provide the national aut hority with the information specified in 
Article 9(3) or that the importer provide the national authority with the information 
specified in Article 11(3). 
Article 15 
Cases in which obligations of manufactu rers apply to importers and distributors 
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Regulation and shall be subject to the obligatio ns of the manufacturer under Articles 8, 9 and 
10, where the importer or distribu tor makes an engine availabl e on the market under its name 
or trademark or modifies the engine in such  a way that compliance with the applicable 
requirements may be affected. 
Article 16 
Identification of economic operators 
Economic operators shall, on re quest, identify the following to the approval and market 
surveillance authorities, for a pe riod of five years from the date of placing on the market: 
 (a) any economic operator who has supplied them with an engine; 
 (b) any economic operator to whom  they have supplied an engine. 
 
CHAPTER  III 
SUBSTANTIVE  REQUIREMENTS  
Article 17 
Exhaust emission requirements for EU type-approval 
1. Manufacturers shall ensure that engine types and engine families are designed, 
constructed and assembled so as to comply with the requirements set out in Chapter II and Chapter III of this Regulation. EN 27   EN 2. Engine types and engine families shall not exceed, as of the date for placing on the 
market of engines set out in Annex III, the exhaust emission limit values referred to as “Stage V” established in Annex II. 
Where, in accordance with the parameters  defining the engine family laid down in 
the delegated act, one engine family cove rs more than one power band, the parent 
engine (for the purposes of type-approval)  and all engine types within the same 
family (for the purposes of conformity of  production) shall, with respect to the 
applicable power bands: 
– meet the most stringent emission limit values; 
– be tested using the test cycles that correspond to the most stringent emission 
limit values; 
– be subject to the earliest applicable dates for type-approval and placing on the 
market set out in Annex III. 
3. The exhaust emissions of engine types a nd engine families shall be measured on the 
basis of the test cycles set out in Articl e 23 and in accordance with the provisions on 
the conduct of tests and measuremen ts set out in in Article 24. 
4. Engine types and engine families shall be designed to resist tampering and shall not 
make use of any defeat strategy. 
5. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 concerning th e detailed technical specifications relating to the parameters 
used for the definition of the engine family  and the detailed technical provisions to 
resist tampering as referred to in paragr aph 4. Those delegated acts shall be adopted 
by [31 December 2016]. 
Article 18 
Monitoring of emissions of in-service engines 
1. The gaseous pollutant and particulate emissions of engine types or engine families in 
service shall be monitored by testing engine s installed in non-road mobile machinery 
operated over their normal ope rating duty cycles. Such tes ting shall be conducted on 
engines that have been correctly maintain ed 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 prog rammes with a view to developing 
appropriate testing procedur es for those engine categor ies and sub-categories for 
which such testing procedures are not in place. 
2. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 concerning the deta iled arrangements with regard to the selection of 
engines, testing procedures and reporting of results referred to in paragraph 1. Those 
delegated acts shall be adopted by [31 December 2016]. 
 EN 28   EN CHAPTER  IV 
EU TYPE-APPROVAL  PROCEDURES  
Article 19 
Application for EU type-approval 
1. Manufacturers shall submit an application fo r an engine type or engine family EU 
type-approval to the approval authority of a Member State. Applications shall be 
accompanied by the information folder referred to in Article 20.  
2. An engine conforming to the engine type or, in case of an engine family, to the 
parent engine characteristics described in  the information folder shall be made 
available to the technical service responsible for c onducting the approval tests. 
3. In the case of an application for EU t ype-approval of an engine family, if the 
approval authority determines that, with re gard to the selected parent engine as 
referred to in paragraph 2, the application submitted does not fully represent the engine family described in the information folder, an alternative and, if necessary, an 
additional parent engine which is consider ed by the approval authority to represent 
the engine family shall be provided for approval. 
4. An application in respect of one engine type or engine family may not be submitted 
to more than one Member State. A separate application shall be submitted for each engine type or engine family to be approved. 
Article 20 
Information folder 
1. The applicant shall provide the approval authority with an information folder. 
2. The contents of information folder shall be defined in an implementing act and shall 
include the following: 
(a) an information document; 
(b) all relevant data, drawings , photographs and other information in relation to the 
engine; 
(c) any additional information requested by th e approval authority in the context of 
the application procedure. 
3. The information folder may be supplied on pa per or in an electronic format that is 
accepted by the technical service a nd by the approval authority. 
4. The Commission shall be empowered to la y down templates for the information 
document and for the information folder by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2) by [31 December 2016]. 
 EN 29   EN CHAPTER  V 
CONDUCT  OF EU TYPE-APPROVAL  PROCEDURES  
Article 21 
General provisions 
1. The approval authority receiving the applic ation shall grant EU type-approval to all 
engine types or engine families in conformity with all of the following: 
(a) the particulars in the information folder; 
(b) the requirements of this Regulation; 
(c) the production arrangements referred to in Article 25. 
2. Approval authorities shall not impose any other type-approval requirements with 
regard to exhaust emissions for non-road mobile machinery in which an engine is 
installed, if the engine meets the requirements specified in this Regulation. 
3. Approval authorities shall not grant an EU type-approval to an engine type or engine 
family that does not meet the requirements set out in this Regulation, after the dates 
for the type-approval of engines referre d to in Annex III for each engine sub-
category. 
4. EU type-approval certificates shall be numbered in accordance with a harmonized 
system laid down by the Commission by means of implementing acts. 
5. The approval authority of each Member State shall: 
(a) send monthly to the approval authorities of  the other Member States a list of 
the EU type-approvals it has granted, re fused to grant or withdrawn during that 
month, together with the reasons for its decision; 
(b) inform without delay the approval authori ties of the other Member States of its 
refusal or withdrawal of any engine appr oval, together with the reasons for its 
decision; 
(c) on receiving a request from the approval authority of another Member State, 
send within one month: 
– a copy of the engine or engine family EU type-approval certif icate, where this 
exists, together with the information p ackage for each engine type or engine 
family which it has approved or refuse d to approve or withdrawn, and/or 
– the list of engines produced according to EU type-approvals granted, as 
described in Article 35. 
6. The approval authority of each Member State shall yearly, or in addition on receiving 
a corresponding application, send the Commissi on a copy of the data sheet related to 
the engine types or engine families approve d since the latest notification was made. 
7. If so requested by the Commission, th e approval authority shall submit the 
information referred to in paragr aph 5 to the Commission as well. 
8. Requirements referred to in paragraphs 5, 6 and 7 shall be deemed to be fulfilled 
through the upload of the relevant inform ation or data to the Union central EN 30   EN administrative platform referred to in Article  42. The copy may also take the form of 
a secure electronic file. 
9. The approval authority shall put together an information package consisting of the 
information folder accompanied by the test reports and all other documents added by the technical service or by the approval authority to the information folder in the course of carrying out thei r functions. The information package shall contain an 
index listing its contents, suitably numbered or otherwise marked so as to identify 
clearly all the pages and the format of each document such as to present a record of 
the successive steps in the management of the EU type-approval, in particular the 
dates of revisions and updating. The approv al authority shall keep information 
contained in the information package availa ble for a period of 10 years after the end 
of validity of the EU type-approval concerned. 
10. The Commission shall be empowered to adopt by means of implementing acts: 
(a) the method for establishing the harmonized numbering system referred to in 
paragraph 4; 
(b) the single format of the data sheet to be filled for each engine type or engine 
family that was EU type-approved by the approval authority of each Member 
State referred to in point  (a) of paragraph 5; 
(c) the template for the list of engines produced according to EU type-approvals 
granted to be filled in by the approval authority of each Member State referred 
to in point (c) of paragraph 5; 
(d) the single format of the data sheet for related engine types or engine families 
approved since the latest not ification was made, to be filled in by the approval 
authority of each Member Stat e referred to in paragraph 6. 
Those implementing acts shall be adopted in  accordance with the examination procedure 
referred to in Article 54(2) by [31 December 2016]. 
Article 22 
Specific provisions concerning th e EU type-approval certificate 
1. The EU type-approval certif icate shall contain, as attachments, the following: 
(a) the information package referred to in Article 21(9); 
(b) the test results; 
(c) the name(s) and specimen(s) of the signatu re(s) of the person(s) authorised to 
sign certificates of conformity and a st atement of their pos ition in the company. 
2. The Commission shall lay down a template  for the EU type-approval certificate. 
3. In respect of each type of engi ne, the approval authority shall: 
(a) complete all the relevant sections of the EU type-approval ce rtificate, including 
the test results sheet appended thereto; 
(b) compile the index to the information package; 
(c) issue the completed certificate, together with its attachments, to the applicant 
without delay. EN 31   EN 4. In the case of an EU type-approval fo r which, in accordance with Article 33, 
restrictions have been imposed as to its validity, or certain provisions of this 
Regulation have been waived, the EU type -approval certificate shall specify those 
restrictions or waivers. 
5. The Commission shall be empowered to adopt by means of im plementing acts the 
template for the EU type-approval certificate and for the test results sheet referred to in point (a) of paragraph 3. Those implem enting acts shall be adopted in accordance 
with the examination procedure referred to  in Article 54(2) by [31 December 2016]. 
  
Article 23 
Tests required for EU type-approval 
1. Compliance with the technical prescriptions  laid down in this Regulation shall be 
demonstrated by means of appropriate tests performed by designated technical 
services. 
The technical test and measurement proce dures and the specific equipment and tools 
prescribed to perform those tests sh all be those laid down in Article 24. 
2. The manufacturer shall make available to  the approval authority as many engines as 
are required under the relevant  delegated acts for the perf ormance of the required 
tests. 
3. The required tests shall be performed on engi nes which are represen tative of the type 
to be approved. 
Notwithstanding the requirements of the fi rst sub-paragraph, the manufacturer may 
select, in agreement with the approval authority, an engine which, while not representative of the type  to be approved, combines a number of the most 
unfavourable features with re gard to the required leve l of performance. Virtual 
testing methods may be used to aid deci sion-making during the selection process. 
4. For the purposes of conducti ng the EU type-approval tests, the cycles that apply are 
set out in Annex IV. The test cycles appli cable to each engine type included in the 
EU type-approval shall be indicated in th e EU type-approval information document. 
5. The parent engine shall be tested on a dynamometer using the applicable NRSC test 
cycle identified in Annex IV in the Tables  IV-1 to IV-10. At  the choice of the 
manufacturer this test may be conducted using the discrete-m ode or the ramped-
modal test method. Except in the cases identified in paragraph 7 and 8, a variable 
speed engine of a particular category used in a constant sp eed application of the same 
category does not require to be tested usi ng the applicable cons tant speed steady-
state test cycle. 
6. In case of a constant speed engine with a governor that can be set to alternative 
speeds, the requirements of paragraph 5 shall be met at each applicable constant speed and the EU type-approval information document shall indicate the speeds that 
apply for each engine type. 
7. In case of an engine of category IWP inte nded to be used for both variable speed and 
constant speed applications, the requirements of paragraph 5 shall be met for each applicable steady-state test cycle separate ly and the EU type-approval information EN 32   EN document shall indicate each steady-state test cycle for which this requirement was 
fulfilled. 
8. In case of an engine of category IWP ha ving a reference power greater than 560 kW 
that is intended for use in place of an e ngine of category IWA in accordance with the 
second subparagraph of Article 4, the re quirements of paragraph 5 shall be met 
separately for each applicable steady-state test cycle set out in both Tables IV-5 and 
IV-6 of Annex IV, and the type-approval information document shall indicate each 
steady-state test cycle for which this requirement was fulfilled. 
9. Except for engines type-approved pursuant to Article 32(4), variable speed engines 
of category NRE having a net pow er that is greater than or  equal to 19 kW but not 
more than 560 kW shall in addition to fulf illing the requirements of paragraph 5 also 
be tested on a dynamometer using the transien t test cycle identified in Table IV-11 of 
Annex IV. 
10. Engines of sub-categories NRS-v-2b a nd NRS-v-3 having a maximum speed less 
than or equal to 3400 rpm shall in addition to fulfilling the requirements of paragraph 
5 also be tested on a dynamometer using the transient test cycle identified in Table 
IV-12 of Annex IV. 
11. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 laying down the detailed technical specifications and ch aracteristics of the 
steady-state and transient test cycles referre d to in this Article. Those delegated acts 
shall be adopted by [31 December 2016]. 
12. The Commission shall be empowered to adopt by means of im plementing acts the 
single format of the tests required for EU type-approval. Those implementing acts shall be adopted in accordan ce with the examination proced ure referred to in Article 
54(2) by [31 December 2016]. 
Article 24 
Conduct of measurements and tests for EU type-approval 
1. Exhaust emission laboratory  test results for all engine s subject to th is Regulation 
shall be adjusted to include deteriora tion factors appropriate to the emission 
durability periods specified in Annex V. 
2. An engine type or engine  family shall meet the emission limits set out in this 
Regulation on the appropriate reference fuel s or fuel combinations included in the 
following list: 
– diesel; 
– petrol; 
– petrol/oil mixture, for two stroke SI engines; 
– natural gas/bio methane; 
– liquid petroleum gas (LPG); 
– ethanol. 
3. For the conduct of measuremen ts and tests, the technical requirements shall be met in 
respect of the following aspects: 
(a) apparatus & procedures for conduct of tests; EN 33   EN (b) apparatus & procedures for em ission measurement & sampling; 
(c) methods for data evaluation & calculations; 
(d) method for establishing de terioration factors; 
(e) for engines of category NR E, NRG, IWP, IWA, RLR, NRS, NRSh complying 
with “Stage V” emission lim its as defined in Annex II: 
i. method for accounting for emissions of crankcase gases, ii. method for accounting for infrequent regeneration of after-treatment 
systems; 
(f) for electronically controlled engines of  categories NRE, NRG, IWP, IWA, 
RLL and RLR, complying with “Stage V”  emission limits as defined in Annex 
II and that use electronic control to determine both the quantity and timing of 
injecting fuel or that use electronic cont rol to activate, de-activate or modulate 
the emission control system used to reduce NOx: 
i. technical requirements on emissi on control strategies including 
documentation required to demonstrate these strategies, 
ii. technical requirements on NOx contro l measures including the method to 
demonstrate these technical requirements, 
iii. technical requirements on the area a ssociated with the relevant NRSC 
cycle, within which there is control on the amount that the emissions shall 
be permitted to exceed the limit values in Annex II, 
iv. the selection by the technical serv ice of additional measurement points 
from within the control area during the emission bench test. 
4. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 of this Regulation setting out: 
(a) the methodology for adapting the emission la boratory test resu lts to include the 
deterioration factors referr ed to in paragraph 1; 
(b) the technical characteristics of the reference fuels listed in this paragraph for 
approval tests and to verify the conformity of production referred to in paragraph 2; 
(c) the detailed technical requirements a nd characteristics for the conduct of 
measurements and tests refe rred to in paragraph 3; 
(d) the method for the measurement of PN, taking account of the specifications 
given in the 06 series of  UNECE Regulation No. 49; 
(e) the detailed technical requirements for th e testing of fully an d partially gaseous 
fuelled engines referred to in Annex II. 
 
Article 25 
Conformity of production arrangements 
1. An approval authority which grants an EU  type-approval shall take the necessary 
measures to verify, if necessary in coope ration with the approva l authorities of the 
other Member States, that adequate arrangem ents have been made to ensure that the EN 34   EN engines in production will conform to th e approved type with respect to the 
requirements of this Regulation. 
2. An approval authority which grants an engi ne family EU type-appr oval shall take the 
necessary measures to verify that cer tificates of confor mity issued by the 
manufacturer conform to the requirements of  Article 30. To that end, the approval 
authority shall verify that a sufficient numbe r of samples of certific ates of conformity 
conform to the requirements of Article 30 and that th e manufacturer has made 
adequate arrangements to ensure that the data in the certificates of conformity are correct. 
3. An approval authority which has grante d an EU type-approva l shall take the 
necessary measures in relation to that appr oval to verify, if nece ssary in cooperation 
with the approval authorities of the othe r Member States, that the arrangements 
referred to in paragraphs 1 and 2 of this Article continue to be adequate so that 
engines in production will continue to c onform to the approved type and that 
certificates of conformity continue to co mply with the requirements of Article 30. 
4. In order to verify that an engine conforms to the approved type, the approval 
authority which has granted the EU type-appr oval may carry out any of the checks or 
tests required for the EU type-approval on samples taken at the premises of the 
manufacturer, including the manufac turer´s production facilities. 
5. When an approval authority which has gran ted an EU type-approval establishes that 
the arrangements referred to in paragraphs  1 and 2 of this Article are not being 
applied, deviate significantly from the ar rangements and control plans agreed, have 
ceased to be applied or are no longer considered to be adequate, even though production is continuing, it shall take the necessary measures to ensure that the 
procedure for conformity of production is followed correctly or shall withdraw the 
EU type-approval. 
6. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 laying down the detailed measur es to be taken and procedures to be 
followed by the approval authorities to ensu re that the engines in production conform 
to the approved type. Those delegated act s shall be adopted by [31 December 2016]. 
 
CHAPTER  VI 
AMENDMENTS  AND  VALIDITY  OF EU TYPE-APPROVALS  
Article 26 
General provisions 
1. The manufacturer shall inform  without delay the approval authority that granted the 
EU type-approval of any change in the particulars recorded in the information 
package. 
That approval authority shall decide which of the procedures laid down in Article 27 
is to be followed. 
Where necessary, the approval authority may decide, after consulting the 
manufacturer, that a new EU t ype-approval is to be granted. EN 35   EN 2. An application for the amendment of an EU type-approval shall be submitted only to 
the approval authority that granted the origin al EU type-approval. 
3. If the approval authority finds that, fo r the purposes of making an amendment, 
inspections or tests need to be repeated, it shall inform the manufacturer accordingly. 
The procedures referred to in  Article 27 shall apply only  if, on the basis of those 
inspections or tests, the a pproval authority concludes th at the requirements for EU 
type-approval continue to be fulfilled. 
Article 27 
Revisions and extensions of EU type-approvals 
1. If particulars recorded in the informa tion package have cha nged, without requiring 
inspections or tests to be repeated, the amendment shall be designated a ‘revision’. 
In such cases, the approval authority shall issue the revised pages of the information 
package as necessary, marking each of the re vised pages to show clearly the nature 
of the change and the date of reissue. A consolidated, updated version of the information package, accompanied by a detaile d description of the changes, shall be 
deemed to meet this requirement. 
2. The amendment shall be designated an ‘extension’ when the particulars recorded in 
the information package have changed and any of the following occurs: 
(a) further inspections or tests are required; 
(b) any information on the EU type-approval ce rtificate, with the exception of its 
attachments, has changed; 
(c) new requirements set out in the delega ted acts of this Regulation become 
applicable to the approved e ngine type or engine family. 
In the event of an extension, the approval authority shall issue an updated EU type-
approval certificate denoted by an extensi on number, incremented in accordance with 
the number of successive extensions alrea dy granted. That approva l certificate shall 
clearly show the reason for the exte nsion and the date of reissue. 
3. Whenever amended pages or a consolidate d, updated version are issued, the index to 
the information package attached to th e approval certificate shall be amended 
accordingly to show the date of the most r ecent extension or revi sion, or the date of 
the most recent consolida tion of the updated version. 
4. No amendment to the EU type -approval of an engi ne type or engine family shall be 
required if the new requirements referred to in point (c) of paragraph 2 are, from a 
technical point of view, irrelevant to that engine type or engine family with regard to 
its emission performance. 
Article 28 
Issue and notification of amendments 
1. In the case of an extension, all relevant s ections of the EU type -approval certificate, 
the attachments thereto, and the index to the information package shall be updated. The updated certificate and its attachments shall be issued  to the applicant without 
delay. EN 36   EN 2. In the case of a revision, the revised doc uments or the consolidated, updated version, 
as appropriate, incl uding the revised index to the information package, shall be 
issued by the approval authority to the applicant without delay. 
3. The approval author ity shall notify any amendment ma de to EU type-approvals to 
the approval authorities of  the other Member States in accordance with the 
procedures set out in Article 21. 
Article 29 
Termination of validity 
1. EU type-approvals shall be issued for an unlimited duration. 
2. An EU type-approval of an engine shal l become invalid in any of the following 
cases: 
(a) new requirements applicable to the a pproved engine type become mandatory 
for the making available on the market, and it is not possible to update the EU type-approval accordingly; 
(b) production of the approved engine type or engine family is definitively 
discontinued voluntarily; 
(c) the validity of the approval expires by virt ue of a restriction in accordance with 
Article 33(6); 
(d) the approval has been withdrawn in acco rdance with Article 25(5), Article 
37(1) or Article 38(3). 
3. Where only one engine type within an e ngine family becomes invalid, the EU type-
approval of the engine family in question shall lose validity only in so far as the particular engine type is concerned. 
4. When production of a particular type of  engine is definitively discontinued, the 
manufacturer shall notify the approval auth ority that granted the EU type-approval 
for that engine. 
Within one month of receiving the notification referred to in the first subparagraph, 
the approval authority which granted the EU type-approval fo r the engine shall 
inform the approval authorities of th e other Member States accordingly. 
5. Without prejudice to paragr aph 4, in cases where an EU type-approval of an engine 
type or engine family is due to become  invalid, the manufacturer shall notify the 
approval authority that granted the EU type-approval. 
The approval authority that granted the EU type-approval shall without delay 
communicate all relevant information to the approval authori ties of the other 
Member States. 
The communication referred to in the second subparagraph shall specify, in 
particular, the date of pr oduction and the engine identi fication number of the last 
engine produced. 
6. Requirements referred to in paragraphs 4 and 5 shall be deemed to be fulfilled 
through upload of the relevant informa tion to the Union central administrative 
platform referred to in Article 42. The co mmunication documents may also take the 
form of a secure electronic file. EN 37   EN CHAPTER  VII 
CERTIFICATE  OF CONFORMITY  AND  MARKINGS  
Article 30 
Certificate of conformity 
1. The manufacturer, in its capacity as the holder of an e ngine type or engine family EU 
type-approval, shall deliver a certificate of conformity to accompany each engine 
which is manufactured in conformity with the approved engine type. 
Such a certificate shall be delivered free of charge together with the engine and shall 
accompany the machinery in which the engine  is installed. Its delivery may not be 
made dependent on an explicit request or on the submission of additional information 
to the manufacturer. 
For a period of 10 years after the produc tion date of the engine, the engine 
manufacturer shall, at the request of th e engine owner, issue a duplicate of the 
certificate of conformity against a payment not exceeding the cost of issuing it. The 
word ‘duplicate’ shall be clearly visibl e on the face of any dup licate certificate. 
2. The Commission shall set out the template for the certificate of conformity to be 
used by the manufacturer. 
3. The certificate of conformity shall be dr awn up in at least one  of the official 
languages of the Union. Any Member State ma y request the certificate of conformity 
to be translated into its own official language or languages. 
4. The person(s) authorised to sign certi ficates of conformity shall be in the 
manufacturer’s organisation and shall be dul y authorised by the management to fully 
engage the legal responsibility  of the manufacturer with re spect to the design and the 
construction or with respect  to the conformity of th e production of the engine. 
5. The certificate of conformity shall be comp leted in its entirety and shall not contain 
restrictions as regards the us e of the engine other than those provided for in this 
Regulation or any of the delegated acts  adopted pursuant to this Regulation. 
6. The certificate of conformity shall, for e ngine types or engine families approved in 
accordance with Article 33(2), display in it s title the phrase ‘For engines type-
approved in application of Ar ticle 31 of Regulation (EU) No xx/xx of the European 
Parliament and of the Council of [date] on requirements relating to emission limits 
and type-approval for internal combusti on engines for non-road mobile machinery 
(provisional approval)’. 
7. The Commission shall be empowered to adopt by means of im plementing acts the 
template for the certificate of conformity, including the technical features designed to 
prevent forgery. To that end, the implem enting acts shall prov ide the security 
printing features protecting the paper used in the certificate. Those implementing acts 
shall be adopted in accordan ce with the examination proced ure referred to in Article 
54(2) by [31 December 2016]. 
Article 31 
Marking of engines EN 38   EN 1. The manufacturer of an engine shall a ffix a marking to each unit manufactured in 
conformity with the approved type. 
2. Before leaving the production line the engi nes must bear the marking required by this 
Regulation. 
3. For an engine already installed in machin ery, the engine or the engine part bearing 
the statutory mark may be replaced. 
4. The Commission shall be empowered to adopt by means of im plementing acts the 
template for the marking referred to in pa ragraph 1, including its mandatory essential 
information. Those implementing acts sha ll be adopted in accordance with the 
examination procedure referred to in  Article 54(2) by [31 December 2016]. 
5. The Commission shall also be empowered to  adopt delegated acts in accordance with 
Article 55 concerning the conditions and detailed technical requirements for the 
replacement of engines or engine parts be aring the marking referred to in paragraph 
3. Those delegated acts shall be adopted by [31 December 2016]. 
 
CHAPTER  VIII 
EXEMPTIONS  
Article 32 
General exemptions 
1. The requirements of Article 5(2) and (3) and of Article  17(2) shall not apply to 
engines for use by the armed forces. 
2. Without prejudice to the provisions of Article 31, a manufacturer may deliver an 
engine separately from its exhaust after-treatment system to an OEM. 
3. Notwithstanding the requirements of Article 5(3), Member States shall authorise the 
temporary placing on the market , for the purposes of field testing, of engines that 
have not been EU type-approved in accordance with this Regulation. 
4. Notwithstanding the requirements of Article 17(2), Member States may authorise the 
EU type-approval and placing on the ma rket of engines that meet the ATEX 
emission limit values set out in Annex V,  under the condition that the engines are 
intended for installation in a machine to  be used in potentially explosive 
atmospheres, as defined in Directive 2014/34/ EU of the European Parliament and the 
Council22, and certified as meeting all of the following requirements: 
(a) Equipment category 2 or 3; 
(b) Machine Group I or Machine Group II; 
(c) Temperature class T3 or higher (not exceeding 200°C). 
5. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 concerning the de tailed technical sp ecifications and conditions for: 
                                                 
22 Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the 
harmonisation of the laws of the Member States relating to equipment and protective systems intended 
for use in potentially explosive atmosphere s (recast) (OJ L 96, 29 .3.2014, p. 309). EN 39   EN  
(a) a manufacturer to deliver an engine sepa rately from its exhaust after-treatment 
system to an OEM, as referred to in paragraph 2; 
(b) the temporary placing on the market, for the purposes of field testing, of 
engines that have not been EU type-a pproved, as referred to in paragraph 3; 
(c) the EU type-approval and placing on th e market of engines that meet the 
ATEX emission limit values set out in Anne x V, as referred to in paragraph 4. 
Those delegated acts shall be  adopted by [31 December 2016]. 
 
Article 33 
Exemptions for new technologies or new concepts 
1. The manufacturer may apply for a type-appro val in respect of an engine type or 
engine family that incorporates new technol ogies or concepts wh ich are incompatible 
with one or more require ments of this Regulation. 
2. The approval authority shall grant the type-approval referre d to in paragraph 1 where 
all of the following conditions are met: 
(a) the application states the reasons why th e technologies or co ncepts in question 
make the engine type or engine family incompatible with one or more of the 
requirements in this Regulation; 
(b) the application describes the environmen tal implications of the new technology 
and the measures taken in order to ensu re at least an equivalent level of 
environmental protection as  that provided by the requirements from which 
exemption is sought; 
(c) test descriptions and results are pres ented which prove that the condition in 
point (b) is met. 
3. The granting of such type-approval exem pting new technologies or new concepts 
shall be subject to authorisation by th e Commission. That authorisation shall be 
given by means of an implementing act. 
4. The approval authority may issue th e type-approval pending the decision on 
authorisation by the Commission, but it shall be provisional, shall be valid only in 
the territory of that Member State, and shall only be vali d in respect of a type of 
engine covered by the exemption sought. Th e approval authority shall inform the 
Commission and the other Member States th at it has issued such a provisional type-
approval without delay by means of a file containing the information referred to in 
paragraph 2. 
The provisional nature and the limited territorial validity sh all be apparent from the 
heading of the type-approval certificate and the headi ng of the certificate of 
conformity. 
5. Other approval authorities may decide to  accept the provisional approval referred to 
in paragraph 4 within thei r territory. Where they do s o, they should inform the 
relevant approval authority a nd the Commission, in writing. EN 40   EN 6. Where appropriate, the aut horisation by the Commission re ferred to in paragraph 3 
shall also specify whether it is subject to  any restrictions. In all cases, the type-
approval shall be valid for at least 36 months. 
7. If the Commission decides to refuse au thorisation, the appr oval authority shall 
immediately give notice to the holder of th e provisional type-appr oval referred to in 
paragraph 3, if such an approval has been issued, that the provisional approval will 
be revoked six months after the da te of the Commission’s refusal. 
Notwithstanding the Commission´s decision  to refuse authorisation, engines 
manufactured in conformity w ith the provisional approval before it ceases to be valid 
may be placed on the market in any Me mber State that accepted the provisional 
approval. 
8. Requirements referred to in paragraphs 4 and 5 shall be deemed to be fulfilled 
through upload of the relevant informa tion to the Union central administrative 
platform referred to in Article 42. The co mmunication documents may also take the 
form of a secure electronic file. 
9. The Commission shall be empowered to adopt by means of im plementing acts the 
authorisation referred to in paragraph 3. Those impleme nting acts shall be adopted in 
accordance with the examination proce dure referred to in Article 54(2). 
10. The Commission shall be empowered to adopt by means of im plementing acts the 
harmonised templates for the type-approval  certificate and th e certificate of 
conformity referred to in paragraph 4, incl uding its mandatory essential information. 
Those implementing acts shall be adopted  in accordance with the examination 
procedure referred to in Artic le 54(2) by [31 December 2016]. 
 
Article 34 
Subsequent adaptation of dele gated and implementing acts 
1. Where the Commission authorises the gran ting of an exemption pursuant to Article 
33, it shall immediately take the necessa ry steps to adapt the delegated or 
implementing acts concerned to  technological developments. 
Where the exemption authorised under the terms of Article 33 relates to a matter that 
is defined in a UNECE regulation, the Co mmission shall propose an amendment to 
the relevant UNECE regulation in accordance with the procedure applicable under the Revised 1958 Agreement. 
2. As soon as the relevant acts have been amended, any restriction imposed by the 
Commission decision authorising th e exemption shall be lifted. 
If the necessary steps to adapt the delegated or implementing acts have not been 
taken, the Commission may, at the request of the Member State which granted the 
approval, authorise the Member State to extend the type-approval by means of a decision in the form of an implementi ng act, adopted in accordance with the 
examination procedure referred to in Article 54(2). 
 EN 41   EN CHAPTER  IX 
PLACING  ON THE  MARKET  
Article 35 
Reporting obligations for manufacturers 
A manufacturer shall send to the approval au thority which granted the EU type-approval, 
within 45 days after the end of each calendar year, and without delay after each application 
date when the requirements of this Regul ation change, and immediately following any 
additional date that the authority may stipulate, a list containing the range of identification numbers for each engine type produced in accordance with the re quirements of this 
Regulation and in conformity with the EU t ype-approval since the latest reporting was made, 
or since the requirements of this Regulation were first applicable. 
Where this is not identified by the engine co ding system, the list referred to in the first 
subparagraph must specify correlations of the identification numbers to the corresponding 
engine types or engine families and to the EU type-approval numbers. 
The list referred to in the first subparagraph shall also indicate clearly any case where the 
manufacturer ceases to produce an appr oved engine type or engine family. 
The manufacturer shall retain copies of the lists  for a minimum period of 20 years after the 
end of validity of the EU type-approval concerned. 
Article 36 
Verification measures 
1. The approval authority of a Member Stat e granting an EU type-approval shall take 
the necessary measures in relation to that approval to verify, where appropriate in 
cooperation with the approval authorities  of the other Member States, the 
identification numbers of those engine s produced in conf ormity with the 
requirements of this Regulation. 
2. An additional verification of the identification numbers may take place in 
conjunction with the control of conformity  of production as described in Article 25. 
3. With regard to the verification of the id entification numbers, the manufacturer or the 
manufacturer´s agents established in the Union shall without delay give, on request, 
to the responsible approval authority all the information needed related to the 
manufacturer´s purchasers together with the identification numbers of the engines reported as produced in accordance with Article 35. Where engines are sold to a 
manufacturer of machinery, furthe r information is not required. 
4. If, at the request of the a pproval authority, the manufacturer is not able to verify the 
engine marking requirements specified in Article 31, the approval granted in respect 
of the corresponding engine type or fam ily pursuant to this  Regulation may be 
withdrawn. The information procedure shall be carried out as set out  in Article 36(4). EN 42   EN  
CHAPTER  X 
SAFEGUARD  CLAUSES  
Article 37 
Engines not in conformity with the approved type 
1. Where engines accompanied by a certificate of conformity or bearing an approval 
mark do not conform to the approved type  or family, the approval authority which 
granted the EU type-approval shall take  the necessary measures, including the 
withdrawal of EU type-a pproval where the action taken by the manufacturer is 
inadequate, to ensure that engines in production are brought into conformity with the 
approved type or family. The approval author ities of that Member State shall advise 
those of the other Member States of the measures taken. 
2. For the purposes of paragraph 1, deviati ons from the particulars set out in the EU 
type-approval certificate or in the informa tion package, where these deviations have 
not been authorized in accordance with the provisions of Chapter VI, shall be 
deemed to constitute failure to conform to the approved type or family. 
3. If an approval authority finds that engines accompanied by a certificate of 
conformity or bearing an approval mark issued in another Member State do not 
conform to the approved type or famil y, it may ask the appr oval authority which 
granted the EU type-approval to verify that engines in production continue to 
conform to the approved type or family. On  receipt of such a request, the approval 
authority which granted the EU type-approval  shall take the requi site action as soon 
as possible, and at the latest within th ree months of the date of the request. 
4. The approval authorities of the Member States shall inform each other within one 
month of any withdrawal of EU type-approva l and of the reasons for such measure. 
5. If the approval authority that granted the EU type-approval disputes the non-
conformity notified to it, the Member States  concerned shall endeavour to settle the 
dispute. The Commission shall be kept in formed and, where necessary, shall hold 
appropriate consultations with a view to reaching a settlement. 
Article 38 
Recall of engines 
1. Where a manufacturer which has been gran ted an EU type-approval is obliged, in 
accordance with Article 20(1)  of Regulation (EC) No 765/2008, to recall engines 
placed on the market, whether installed or not  in machinery, due to the fact that the 
engines represent a serious infringement of this Regulation with regard to the 
protection of the environment, that ma nufacturer shall immediately inform the 
approval authority that granted the EU engine type-approval. 
2. The manufacturer shall propose to the approval authority a set of appropriate 
remedies to neutralise the serious infr ingement referred to in paragraph 1. The 
approval authority shall communicate the proposed remedies to the approval 
authorities of the other Me mber States without delay. EN 43   EN The approval authorities shall ensure that  the remedies are effectively implemented 
in their respective Member States. 
3. If the remedies are considered to be insufficient or not implemented quickly enough 
by the approval authority concerned, it shal l inform the approval authority that 
granted the EU type-a pproval without delay. 
The approval authority that granted the EU type-approval shall then inform the 
manufacturer. If the manufacturer does not then propose and implement effective 
corrective measures, the approval authority which granted the EU type-approval shall 
take all protective measures required, in cluding the withdrawal of the EU type-
approval. In the case of wit hdrawal of the EU type-approv al, the approval authority 
shall within one month of such withdr awal notify the manufacturer, the approval 
authorities of the other Member States and the Commission by registered letter or 
equivalent electronic means. 
 
Article 39 
Notification of decisions and remedies available 
1. All decisions taken pursuant to this Regulation and all d ecisions refusing or 
withdrawing EU type-approval, prohibiting or restricting the placing on the market 
of an engine or requiring withdrawal of an  engine from the market, shall state in 
detail the reasons on which they are based. 
2. Any such decision shall be notified to the party concerned who shall, at the same 
time, be informed of the remedies availa ble to it under the laws in force in the 
Member State concerned and of the time lim its allowed for the exercise of such 
remedies. 
 
CHAPTER  XI 
INTERNATIONAL  REGULATIONS  AND  PROVISION  OF TECHNICAL  
INFORMATION  
Article 40 
Acceptance of equivalent engine type-approvals 
1. The Union may acknowledge, in the fram ework of multilateral or bilateral 
agreements between the Union and third countries, the equiva lence between the 
conditions and provisions for type-approval of engines establishe d by this Regulation 
and the procedures established by internati onal regulations or regulations of third 
countries. 
2. Type-approvals granted and approval marking in conformity with UNECE 
regulations or amendments thereto which the Union has voted in favour of or to 
which the Union has acceded as set out in the delegated act referred to in paragraph 
4(a) shall be recognised as equivalent  to type-approvals granted and approval 
marking in accordance with this Regulation. EN 44   EN 3. Type-approvals granted in conformity with Union acts as set out in the delegated act 
referred to in paragraph 4(b)  shall be recognised as e quivalent to type-approvals 
granted in accordance with this Regulation. 
4. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 setting out: 
(a) the list of UNECE regulations or am endments thereto which the Union has 
voted in favour of or to which the Union has acceded which shall apply to EU type-approval of engines and engine fam ilies to be installed in non-road mobile 
machinery; 
(b) the list of Union acts granting type-approvals. 
Those delegated acts shall be  adopted by [31 December 2016]. 
 
Article 41 
Information intended for OEMs and end-users 
1. A manufacturer may not supply to OEMs or  end-users any technical information 
related to the particulars pr ovided for in this Regulati on which diverges from the 
particulars approved by the approval authority. 
2. The manufacturer shall make available to OEMs all relevant information and 
instructions that are necessary for the correct installation of the engine into the machinery, including a description of any spec ial conditions or rest rictions linked to 
the installation or use of an engine. 
3. Manufacturers shall make available to OE Ms all relevant information and necessary 
instructions intended for th e end-user, notably describi ng any special conditions or 
restrictions linked to the use of an engine. 
4. Notwithstanding the requirements in paragraph 3, manufacturers shall make 
available to OEMs the value of the carbon dioxide (CO
2) emissions determined 
during the EU type-approva l process and instruct the OEMs to communicate this 
information to the end-user of the machin ery where the engine is intended to be 
installed. 
5. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 setting out the details of the information and instructions referred to in paragraphs 2, 3 and 4. Those delegated act s shall be adopted by [31 December 2016]. 
 
Article 42 
Union central administrative platform and database 
1. The Commission shall set up a Union central  administrative digital platform for the 
exchange of data and inform ation related to EU type-approvals in electronic format. 
The platform shall be used for the exchange of data and information between the approval authorities, or be tween the approval authoritie s and the Commission, which 
takes place in the framework of this Regulation. EN 45   EN 2. The Union central administrative digital platform shall also comprise a database 
where any information of relevance in re spect of EU type-a pprovals granted in 
accordance with this Regulation shall be ce ntrally gathered and made accessible to 
the approval authorities a nd to the Commission. The data base shall connect national 
databases to the Union central database, where agreed with the Member States concerned. 
3. Subsequent to the implementation of paragraphs 1 and 2, the Commission shall 
extend the Union central administrative dig ital platform with modules which shall 
allow for: 
(a) the exchange of data and information referred to in this Regulation between 
manufacturers, technical services, ap proval authorities and the Commission; 
(b) public access to certain information and data related to the results of type-
approvals and in-service  conformity tests. 
4. The Commission shall be empowered to adopt by means of im plementing acts the 
detailed technical requirements and proced ures necessary for setting up the Union 
central administrative platform and databa se referred to in this Article. Those 
implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2) by [31 December 2016]. EN 46   EN CHAPTER  XII 
DESIGNATION  AND  NOTIFICATION  OF TECHNICAL  SERVICES  
Article 43 
Requirements relating to technical services 
1. Designating approval authorities shall en sure before they designate a technical 
service pursuant to Article 45 that the technical service meets the requirements laid down in paragraphs 2 to 9 of this Article. 
2. Without prejudice to Article 46(1), a techni cal service shall be established under the 
national law of a Member State and have legal personality. 
3. A technical service shall be a third-part y body independent of the process of design, 
manufacturing, supply or maintenan ce of the engine it assesses. 
A body belonging to a business association or professional federation representing 
undertakings involved in the design, ma nufacturing, provision, assembly, use or 
maintenance of engines which it assesses, te sts or inspects may, on condition that its 
independence and the absence of any conf lict of interest are demonstrated, be 
considered as fulfilling the require ments of the first subparagraph. 
4. Neither the technical service, nor its top-level management nor the personnel 
responsible for carrying out th e categories of activities fo r which they are designated 
in accordance with Article 45(1) shall be  the designer, manufacturer, supplier or 
maintainer of the engines which they asse ss, nor represent part ies engaged in those 
activities. This shall not preclude the use of  assessed engines referred to in paragraph 
3 of this Article that are necessary for the operation of the technical  service or the use 
of such engines for personal purposes. 
A technical service shall ensure  that the activities of its subsidiaries or subcontractors 
do not affect the confidentiality, objectivit y or impartiality of the categories of 
activities for which it has been designated. 
5. A technical service and its personnel sha ll carry out the categories of activities for 
which it has been designated with the highe st degree of professi onal integrity and the 
requisite technical competence in the spec ific field and shall be free from all 
pressures and inducements, particularly financial, which might influence its 
judgment or the results of its assessment activities, espe cially such pressures or 
inducements emanating from persons or groups  of persons with an interest in the 
results of those activities. 
6. A technical service shall demonstrate that it is capable of carrying out all the 
categories of activities for which it has b een designated in acco rdance with Article 
45(1), by demonstrating to the satisfaction of  its designating approva l authority that it 
has: 
(a) personnel with appropriate skills and specific technical knowledge and 
vocational training as well as sufficien t and appropriate experience to perform 
the task; 
(b) descriptions of the procedur es relevant to the categories of activities for which 
it is seeking to be designated, so ensuring the transparency and reproducibility of those procedures; EN 47   EN (c) procedures for the performance of the categories of activities for which it is 
seeking to be designated, which take due  account of the de gree of complexity 
of the technology of the engine in que stion, and of whether the engine is 
manufactured in a mass or se rial production process; and 
(d) the means necessary to perform in an appropriate manner the tasks connected 
with the categories of activities for which it is seeking to be designated and that 
it has access to all the necessary  equipment or facilities. 
In addition, it shall demonstrate to the de signating approval aut hority its compliance 
with the standards laid dow n in the delegated acts adopted pursuant to Article 46 
which are relevant to the categories of activities for which it is designated. 
7. The impartiality of the technical serv ices, their top-level management and the 
assessment personnel shall be guaranteed. They  shall not engage in  any activity that 
might conflict with their i ndependence of judgment or in tegrity in relation to the 
categories of activities for which they are designated. 
8. Technical services shall take out liability insurance related to their activities unless 
liability is assumed by the Member State in accordance with national law, or the Member State itself is directly resp onsible for the conformity assessment. 
9. The personnel of a technical service shall obs erve professional secrecy with regard to 
all information obtained in carrying out their tasks under this Regulation or any 
provision of national law giving effect to  it, except in relation to the designating 
approval authority or where required by Un ion or national law. Proprietary rights 
shall be protected. 
Article 44 
Subsidiaries of and subcontracting by technical services 
1. Technical services may subcontract some of  their activities for which they have been 
designated in accordance with Article 45(1) or have those activities carried out by a 
subsidiary only with the agreement of their designating approval authority. 
2. Where a technical service subcontracts specific tasks c onnected with the categories 
of activities for which it has b een designated or has recourse  to a subsidiary, it shall 
ensure that the subcontractor or the subs idiary meet the requirements set out in 
Article 43 and shall inform the designating approval authority accordingly. 
3. Technical services shall take full responsibility for the tasks performed by any of 
their subcontractors or  subsidiaries, wherever these are established. 
4. Technical services shall keep  at the disposal of the desi gnating approval authority the 
relevant documents concerning the asse ssment of the qualifications of the 
subcontractor or the subsidiary and the tasks performed by them. 
Article 45 
Designation of technical services 
1. Technical services shall be  designated for one or more of the following categories of 
activities, depending on their field of competence: 
(a) category A: technical services which carry  out in their own facilities the tests 
referred to in this Regulation; EN 48   EN (b) category B: technical services which supervise the tests referred to in this 
Regulation, where such tests are perform ed in the manufacturer’s facilities or 
in the facilities of a third party; 
(c) category C: technical services which a ssess and monitor on a regular basis the 
manufacturer’s procedures for cont rolling conformity of production; 
(d) category D: technical services which supe rvise or perform te sts or inspections 
for the surveillance of conformity of production. 
2. An approval authority may be designated as  a technical service for one or more of 
the activities referred to in paragraph 1. 
3. Technical services of a thir d country, other than those designated in accordance with 
Article 45, may be notified for the purposes  of Article 49, but only if such an 
acceptance of technical services is provide d for by a bilateral agreement between the 
Union and the third country concerned. This  shall not prevent a technical service 
established under the national law of a Me mber State in accordance with Article 
43(2) from establishing subsidiaries in thir d countries, provided that the subsidiaries 
are directly managed and controlled by the designated technical service. 
Article 46 
Accredited in-house technical services of the manufacturer 
1. An accredited in-house technical service of a manufacturer may be designated only 
for category A activities with regard to technical requirements for which self-testing is allowed by a delegated act adopted pursu ant to this Regulation. That technical 
service shall constitute a separate and distin ct part of the undertaking and shall not be 
involved in the design, manu facturing, supply or mainte nance of the engines it 
assesses. 
2. An accredited in-house technical servi ce shall meet the following requirements: 
(a) in addition to being designated by the approval authority of  a Member State it 
shall be accredited by a national accred itation body as defined in point 11 of 
Article 2 of Regulation (EC) No 765/2008 and in accordance with the 
standards and procedure referred to in Article 47 of this Regulation; 
(b) the accredited in-house technical service and its personnel shall be 
organisationally identifiable and have reporting methods within the undertaking of which they form part which ensure their impartiality and 
demonstrate it to the releva nt national accreditation body; 
(c) neither the accredited in-hous e technical service nor its  personnel shall engage 
in any activity that might conflict with  their independence of judgment or 
integrity in relation to the categories of activities for which they have been designated; 
(d) the accredited in-house technical service sh all supply its services exclusively to 
the undertaking of which it forms part. 
3. An accredited in-house technical service n eed not be notified to the Commission for 
the purposes of Article 49, but information c oncerning its accreditation shall be given 
by the undertaking of which it forms part or  by the national accr editation body to the 
designating approval authority at th e request of that authority. EN 49   EN 4. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 55 laying down the technical requirements for which self-testing is allowed, as referred to in paragraph 1. Those dele gated acts shall be adopted by [31 December 
2016]. 
Article 47 
Procedures for performance standards and assessment of technical services 
In order to ensure that technica l services meet the same high le vel of performance standards in 
all Member States, the Commission shall be empo wered to adopt delegated acts in accordance 
with Article 55 concerning the standards with wh ich the technical services have to comply 
and the procedure for their assessment in accord ance with Article 48 and their accreditation in 
accordance with Article 46. 
Article 48 
Assessment of the skills of  the technical services 
1. The designating approval authority shall draw  up an assessment report demonstrating 
that the candidate technical service has been assessed for its compliance with the 
requirements of this Regulation and the de legated acts adopted pursuant to this 
Regulation. That report may include a cer tificate of accreditation issued by an 
accreditation body. 
2. The assessment on which the report referre d to in paragraph 1 is based shall be 
conducted in accordance with the provisions laid down in a delegated act adopted pursuant to Article 55. The asse ssment report shall be reviewed at least every three 
years. 
3. The assessment report shall be communi cated to the Commission upon request. In 
such cases, where the assessment is not base d on an accreditation certificate issued 
by a national accreditation body attesting that the tech nical service fulfils the 
requirements of this Regulation, the designa ting approval authority shall provide the 
Commission with documentary evidence wh ich attests the technical service’s 
competence and the arrangements in place to  ensure that the technical service is 
monitored regularly by the designating approval authority and satisfies the 
requirements of this Regulation and the de legated acts adopted pursuant to this 
Regulation. 
4. An approval authority that intends to be designated as a technical service in 
accordance with Article 45(2) shall doc ument compliance through an assessment 
conducted by auditors independent of the activity being assessed. Such auditors may 
be from the same organisation provided that they are managed separately from 
personnel undertaking th e assessed activity. 
5. An accredited in-house technical service shal l comply with the relevant provisions of 
this Article. 
Article 49 
Procedures for notification 
1. Member States shall notify to the Co mmission the name, the address including 
electronic address, the responsible persons and the category of ac tivities with  respect EN 50   EN to each technical service that they have  designated, as well as any subsequent 
modifications to those designations. 
2. A technical service may conduct the activitie s referred to in Artic le 45(1) on behalf 
of the designating approval authority responsible for the EU type-approval only if it 
has been notified beforehand to the Commi ssion in accordance with paragraph 1 of 
this Article. 
3. The same technical service may be designated by several designating approval 
authorities and notified by the Member States of these designating approval 
authorities irrespective of th e category or categories of activities it will conduct in 
accordance with Article 45(1). 
4. The Commission shall be notified of any subsequent relevant changes to the 
designation. 
5. Where a specific organisation or comp etent body carrying out an activity not 
included in those referred to in Article 45(1), needs to be designated in application of 
a delegated act, the notificat ion shall be made in accordance with this Article. 
6. The Commission shall publish on its website  a list and details of the technical 
services notified in accordance with this Article. 
Article 50 
Changes to designations 
1. Where a designating approval authority has ascertained or has been informed that a 
technical service designated by it no longer m eets the requirements laid down in this 
Regulation, or that it is failing to fulf il its obligations, the designating approval 
authority shall restrict, suspend or w ithdraw the designation as appropriate, 
depending on the seriousness of the failure to  meet those requirements or fulfil those 
obligations. The Member State that has notified this technical service shall immediately inform the Commission accordin gly. The Commission shall modify the 
published information referred to  in Article 49(6) accordingly. 
2. In the event of restriction, suspension or withdrawal of  the designation, or where the 
technical service has ceased it s activity, the designating appr oval authority shall take 
appropriate steps to ensure that the files of  that technical service are either processed 
by another technical service or kept availa ble for the designati ng approval authority 
or for the market surveillance authorities at their request. 
Article 51 
Challenge to the competence of technical services 
1. The Commission shall investigate all cases  where it has doubts, or doubt is brought 
to its attention, regarding the competence of a technical service or the continued 
fulfilment by a technical servic e of the requirements and re sponsibilities to which it 
is subject. 
2. The Member State of the designati ng approval authority shall provide the 
Commission, on request, with all information relating to the basis for the designation 
or the maintenance of the designation of the technical service concerned. 
3. The Commission shall ensure that all sensi tive information obtained in the course of 
its investigations is treated confidentially. EN 51   EN 4. Where the Commission ascertains that a te chnical service does not  meet or no longer 
meets the requirements for its designation, it shall inform the Member State of the 
designating approval authority accordingl y, with a view to establishing, in 
cooperation with that Member State, the corrective measures necessary, and shall 
request that Member State to take those corrective measures, including the 
withdrawal of the designation if necessary. 
Article 52 
Operational obligations of technical services 
1. Technical services shall carry out the cat egories of activities for which they have 
been designated on behalf of the desi gnating approval authority and in accordance 
with the assessment and test  procedures provided for in this Regulation and its 
delegated acts. 
Technical services shall supervise or shall themselves carry out the tests required for 
approval or inspections as set out in this Regulation or in one of its delegated acts, 
except where alternative procedures are pe rmitted. The technical services shall not 
conduct tests, assessments or inspections for which they have not been duly designated by their approval authority. 
2. Technical services shall at all times: 
(a) allow their designating approval authorit y to witness the technical service 
during the conformity asse ssment as appropriate; and 
(b) without prejudice to Article  43(9) and Article 53, pr ovide their designating 
approval authority with such information on their categories of activities falling 
under the scope of this Regul ation as may be requested. 
3. Where a technical service finds that requi rements laid down in this Regulation have 
not been met by a manufacturer, it shall report this to th e designating approval 
authority with a view to the desi gnating approval authority requiring the 
manufacturer to take appropr iate corrective measures a nd subsequently not issuing 
an EU type-approval certificate unless the a ppropriate corrective measures have been 
taken to the satisfaction of the approval authority. 
4. Where, in the course of monitoring conf ormity of production following the issue of 
an EU type-approval certificate, a tech nical service acting on behalf of the 
designating approval authority finds that an engine no lo nger complies with this 
Regulation, it shall report th is to the designating approval authority. The approval 
authority shall take the appropriate m easures as provided for in Article 25. 
Article 53 
Information obligations of technical services 
1. Technical services shall in form their designating approval authority of the following: 
(a) any non-conformity encountered which mi ght require a refusa l, restriction, 
suspension or withdrawal of an  EU type-approval certificate; 
(b) any circumstances affecting the scope of  or conditions for their designation; 
(c) any request for information which they ha ve received from market surveillance 
authorities regarding their activities. EN 52   EN 2. On request from their designating approval authority, technical services shall provide 
information on the activities within the sc ope of their designation and on any other 
activity performed, including cross-bo rder activities and subcontracting. 
 
CHAPTER  XIII 
IMPLEMENTING  ACTS  AND  DELEGATED  ACTS  
Article 54 
Committee procedure 
1. The Commission shall be assisted by the ‘Technical Committee – Motor Vehicles’ 
(TCMV) established in Article 40(1) of  Directive 2007/46/EC of the European 
Parliament and of the Council. That comm ittee is a committee within the meaning of 
Regulation (EU) No 182/2011. 
2. Where reference is made to this para graph, Article 5 of Regulation (EU) No 
182/2011 shall apply. 
Article 55 
Exercise of the delegation 
1. The power to adopt the delegated acts is  conferred on the Commission subject to the 
conditions laid down in this Article. 
2. The power to adopt delegated acts referre d to in Article 3, Article 17(5), Article 
18(2), Article 23(11), Article  24(4), Article 25(6), Artic le 31(5), Article 32(5), 
Article 40(4), Article 41(5), Article 46(4)  and Article 47 shall be conferred on the 
Commission for a period of five years from [insert date: entry into force]. 
3. The delegation of power referred to in Ar ticle 3, Article 17(5), Article 18(2), Article 
23(11), Article 24(4), Article 25(6), Article 31(5), Article 32(5), Article 40(4), 
Article 41(5), Article 46(4) and Article 47 may be revoked at any time by the 
European Parliament or by the Council. A d ecision to revoke shall put an end to the 
delegation of the power spec ified in that decision. It shall take effect the day 
following the publication of th e decision in the Official Journal of the European 
Union or at a later date specified therein. It shall not affect the validity of any 
delegated acts al ready in force. 
4. As soon as it adopts a delegated act, th e Commission shall notify it simultaneously to 
the European Parliament and to the Council. 
5. A delegated act adopted pursuant to Artic le 3, Article 17(5), Ar ticle 18(2), Article 
23(11), Article 24(4), Article 25(6), Article 31(5), Article 32(5), Article 40(4), 
Article 41(5), Article 46(4) and Article 47 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period 
of two months of notification of that act to the European  Parliament and the Council 
or if, before the expiry of that period, the European Parliament and the Council have 
both informed the Commission that they will not object. That period shall be EN 53   EN extended by two months at the initiative of the European Parliament or of the 
Council. 
 
CHAPTER  XIV 
FINAL  PROVISIONS  
Article 56 
Penalties 
1. Member States shall provide for penaltie s for infringement of  this Regulation by 
economic operators or OEMs. They shall take  all measures necessary to ensure that 
the penalties are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the 
Commission by [insert date: 2 years after entry into force] and shall notify the 
Commission without delay of any subs equent amendment affecting them. 
2. The types of infringements which ar e subject to a pena lty shall include: 
(a) making false declarations , notably during approval procedures, procedures 
leading to a recall or proce dures related to exemptions; 
(b) falsifying test results for EU type-a pproval or in-service conformity; 
(c) withholding data or techni cal specifications which coul d lead to recall, refusal 
or withdrawal of EU type-approval; 
(d) use of defeat strategies; 
(e) refusal to provide access to information; 
(f) placing on the market engines subject to approval without such approval or 
falsifying documents or markings with that intention; 
(g) placing on the market transition engines and machinery in which these engines 
are installed in violation of  the exemption provisions; 
(h) being in violation of the engine restri ctions of use set out in Article 4; 
(i) modifying an engine so that the engine  is no longer in conformity with the 
specifications of its type-approval; 
(j) installing an engine in machinery for us e other than the exclusive use provided 
for in Article 4; 
(k) placing on the market an engine under Ar ticle 32(4) for use in an application 
other than that fores een in that Article. EN 54   EN Article 57 
Transitional provisions 
1. Without prejudice to the pr ovisions in Chapters II and I II, this Regulation shall not 
invalidate, before the dates for placing on th e market of engines referred to in Annex 
III, any EU type-approval. 
2. Approval authorities may continue to gran t type-approvals in accordance with the 
relevant legislation applicable  on the date of entry into fo rce of this Regulation until 
the mandatory dates for the EU type-approva l of engines referred to in Annex III. 
3. By way of derogation from this Regulation, engines which have already received an 
EU type-approval pursuant to the relevant legislation applicable on the date of entry 
into force of this Regulation, or which m eet the requirements set out by the Central 
Commission for the Navigation of the Rh ine (CCNR) and adopted as CCNR Stage 
II, in the framework of the Mannheim Conve ntion for the navigation of the Rhine, 
may continue to be placed on the market un til the dates for placing on the market of 
engines referred to in Annex III. 
In such a case, national authorities shall not  prohibit, restrict or impede the placing 
on the market of engines complying with the approved type. 
4. Engines which were not subject to type-appr oval at Union level on the date of entry 
into force of this Regulation may continue to be placed on the market on the basis of the national rules in force, if  any, until the dates for placi ng on the market of engines 
referred to in Annex III. 
5. Without prejudice to Articles 5(3) a nd 17(2), transition engines and, where 
applicable, the machinery in which thos e transition engines are installed may 
continue to be placed  on the market during the transi tion period on cond ition that the 
machine in which the transition engine is installed has a production date prior to 1 year after the start of the transition period. 
For engines of the category NRE, Member St ates shall authorise an extension of the 
transition period and the 12-m onths period referred to in  the first sub-paragraph by 
an additional 12 months for OEM's with a total yearly producti on of fewer than 50 
units of non-road mobile machinery e quipped 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 th e same natural or legal person shall be 
considered to be a single OEM. 
6. Subject to the provisions set out in pa ragraph 5, transition engines conforming to 
engine types or engine families whose EU  type-approval is no longer valid pursuant 
to Article 29(2) (a) may be placed on the market, provided these transition engines 
were: 
(a)  covered by a valid EU type-approval at the time of their production, and had 
not been placed on the market before  that EU type-approval expired, or 
(b) not regulated at Union level on the date of entry into force of this Regulation. 
7. Paragraph 6 shall only apply for a period of: 
(a) 18 months from the date for placing on the market of engines set out in Annex 
III, in the case set out in the fi rst subparagraph of paragraph 5; EN 55   EN (b) 30 months from the date for placing on the market of engines set out in Annex 
III, in the case set out in the second subparagraph of paragraph 5. 
8. Manufacturers shall ensure that transitio n engines bear a marking indicating the 
engine production date. This information may be affixed to or marked on the engine's 
statutory plate. 
Article 58 
Report 
1. By 31 December 2021, Member States shall inform the Commission of the 
application of the EU type -approval procedures laid  down in this Regulation. 
2. On the basis of the information supplied under paragraph 1, the Commission shall 
present a report to the European Parliament  and the Council on the application of this 
Regulation by 31 December 2022. 
Article 59 
Review 
1. By 31 December 2020, the Commission sh all submit a report to the European 
Parliament and to the Council regarding: 
(a) the assessment of further pollutant em ission reduction potential, on the basis of 
available technologies an d 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 sh all submit a report to the European 
Parliament and to the Council regarding: 
(a) the use of the exemption clauses prov ided for in Article 32(3) and (4); 
(b) the monitoring of results of the emissi on tests set out in Article 18 and the 
conclusions thereof. 
3. The reports referred to in paragraphs 1 a nd 2 shall be based on a consultation of the 
relevant stakeholders and shall take in to account existing re lated European and 
international standards. It  shall be accompanied, where appropriate, by legislative 
proposals. 
Article 60 
Repeal 
Without prejudice to paragraphs 1 to 4 of Article 57, Directiv e 97/68/EC is repealed with 
effect from 1 January 2017. 
Article 61 
Entry into force and application 
1. This Regulation shall enter into force on the twentieth day following that of its 
publication in the Official Journal of the European Union . 
2. It shall apply from 1 January 2017. EN 56   EN From the date referred to in paragraph 1, national authorities shall not refuse a 
manufacturer's request to grant EU type-appr oval for a new type of  engine or engine 
family or prohibit their placing on the market  where that engine or engine family 
complies with the requirements set out in Chapters II, III, IV and VIII. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
 For the European Parliament For the Council 
The President The President