(7)

points 2.6 to 2.6.4 are replaced by the following: ‘2.6. Criteria for selection of engines to be tested The number of engines to be tested refers to the ISM group, and not to the engine sub-categories, engine families or engine types belonging to ISM group. The manufacturer shall select engines that represent, in a balanced manner, the sub-categories, engine families and engine types belonging to the ISM group. This should not necessarily imply testing engines belonging to each engine sub-category, engine family or engine type. For ISM groups containing both category IWP and IWA the engine selection shall include, to the extent possible, engines of both categories. 2.6.1. Testing scheme for ISM group A The manufacturer shall choose one of the following testing schemes described in points 2.6.1.1 and in 2.6.1.2 for in-service monitoring. 2.6.1.1. Testing scheme based on the Emission Durability Period (EDP) 2.6.1.1.1. Testing 9 engines from the ISM group with an accumulated service of less than a % of the EDP, in accordance with Table 2. Test results shall be submitted to the approval authority by 26 December 2024. 2.6.1.1.2. Testing 9 engines from the ISM group with an accumulated service higher than b % of the EDP, in accordance with Table 2. Test reports shall be submitted to the approval authority by 26 December 2026. 2.6.1.1.3. When the manufacturer cannot fulfil the requirement under point 2.6.1.1 due to unavailability of engines with the required service accumulation of point 2.6.1.1.2, the approval authority may permit testing of engines under this point with an accumulated service between 2 times a % and b % of the EDP, subject to the manufacturer providing robust evidence that they have selected engines with the highest available service accumulation. As an alternative, the approval authority shall accept a change to the testing scheme based on a 4-year period set out in point 2.6.1.2. In that case, the total number of engines to be tested under point 2.6.1.2 shall be reduced by the number of engines already tested and reported in accordance with point 2.6.1.1. Table 2 % of EDP values for ISM group defined in 2.6.1 Reference power of selected engine (kW) a b 56 ≤ P < 130 20 55 130 ≤ P ≤ 560 30 70 2.6.1.2. Testing scheme based on a 4-year period Every manufacturer shall test an average of nine engines per year from the ISM group during 4 consecutive years.The test reports shall be submitted to the approval authority every year for the tests that have been performed. The schedule for testing and submitting results shall be included in the initial plan, and in any subsequently updated plan, for monitoring in-service engines submitted by the manufacturer and approved by the approval authority. 2.6.1.2.1. The test results of the first nine engines shall be submitted not later than 24 months after the first engine was installed in non-road mobile machinery and not later than 30 months after starting the production of an approved engine type or engine family within the ISM group. 2.6.1.2.2. Where the manufacturer demonstrates to the approval authority that no engine has been installed in non-road mobile machinery 30 months after starting the production, the test results shall be submitted after the installation of the first engine, on a date agreed with the approval authority. 2.6.1.2.3. Small-volume manufacturers The number of engines tested shall be adapted in case of small-volume manufacturers as follows: (a) manufacturers producing only two engine families within an ISM group shall submit an average of six engine test results per year; (b) manufacturers producing for the Union market more than 250 engines per year of an ISM group containing only one single engine family shall submit an average of three engine test results per year; (c) manufacturers producing for the Union market between 125 and 250 engines per year of an ISM group containing only one single engine family shall submit an average of two engine’s test results per year; (d) manufacturers producing for the Union market fewer than 125 engines per year of an ISM group containing only one single engine family shall submit an average of one engine’s test results per year. The approval authority shall verify the declared production quantities are not exceeded during the 4-year period that the manufacturer conducts testing. If these quantities are exceeded at any point, the manufacturer shall test an average of nine engines per year for the remaining years of the 4-year period for which results have not been reported. 2.6.2. Testing scheme for ISM groups B, F, G, J, K, L, M and N The manufacturer shall choose, for each group, one of the following testing schemes described in points 2.6.2.1 and in 2.6.2.2 for in-service monitoring. 2.6.2.1. Testing scheme based on the Emission Durability Period (EDP) 2.6.2.1.1. Testing x engines from the ISM group with an accumulated service of less than c % of the EDP, in accordance with Table 3. Test results shall be submitted to the approval authority by 26 December 2024. 2.6.2.1.2. Testing x engines from the ISM group with an accumulated service higher than d % of the EDP, in accordance with Table 3. Test results shall be submitted to the approval authority by 26 December 2026. 2.6.2.1.3. When the manufacturer cannot fulfil the requirements set out in points 2.6.2.1.1 and 2.6.2.1.2 due to unavailability of engines with the required service accumulation, the approval authority may permit testing of engines under this point with an accumulated service between 2 times c % and d % of the EDP, subject to the manufacturer providing robust evidence that they have selected engines with the highest available service accumulation. As an alternative, the approval authority shall accept a change to the testing scheme based on a 4-year period set out in point 2.6.2.2. In that case, the total number of engines to be tested under point 2.6.2.2 shall be reduced by the number of engines already tested and reported in accordance with points 2.6.2.1.1 and 2.6.2.1.2. 2.6.2.1.4. When the test report of a Stage IIIB engine family equivalent to category RLL is used to obtain a corresponding Stage V type-approval for that engine family in accordance with Article 7(2) of Implementing Regulation (EU) 2017/656 and the engine manufacturer cannot fulfil the requirements under points 2.6.2.1.1 and 2.6.2.1.2 due to unavailability of Stage V engines with the required service accumulation, the approval authority shall accept the selection of a Stage IIIB engine to comply with the requirements of points 2.6.2.1.1 and 2.6.2.1.2. Table 3 % of EDP values for ISM groups defined in 2.6.2.1 Reference power of selected engine (kW) c d P < 56 10 40 56 ≤ P < 130 20 55 P ≥ 130 30 70 Table 4 Number of engines to be tested for ISM groups defined in 2.6.2, 2.6.3.1 and 2.6.4.1 N CA x 1 - 1 2 ≤ N ≤ 4 - 2 > 4 ≤ 50 2 5 ≤ N ≤ 6 > 50 3 ≥ 7 > 50 4 Where: N = Total number of EU engine families produced by the manufacturer within the ISM group CA = Combined annual production for EU market for the remaining engine families produced by the manufacturer within an ISM group after discarding the four families with the highest annual production for EU market. x = Number of engines to be tested 2.6.2.2. Testing scheme based on a 4-year period Testing an average of x engines from the ISM group per year during 4 consecutive years, in accordance with Table 4. Test reports shall be submitted to the approval authority every year for the tests that have been performed. The schedule for testing and submitting results shall be included in the initial plan, and in any subsequently updated plan, for monitoring in-service engines submitted by the manufacturer and approved by the approval authority. 2.6.2.2.1. The test results of the first x engines shall be submitted before the later date of the following: (a) 26 December 2024; (b) 12 months after the first engine was installed in non-road mobile machinery; (c) 18 months after starting the production of an approved engine type or engine family within the ISM group. 2.6.2.2.2. When the manufacturer demonstrates to the approval authority that no engine has been installed in non-road mobile machinery 18 months after starting the production, the test results shall be submitted after the installation of the first engine, on a date agreed with the approval authority. 2.6.2.2.3. Small-volume manufacturers The number of engines tested shall be adapted in case that the combined annual production across all engine families in an ISM group does not exceed 50 engines (small volume manufacturers), as follows: (a) manufacturers producing a total between 25 and 50 engines per year for the Union market across all families in a given ISM group shall submit either: (i) one engine test results with an accumulated service between c % and d % of EDP as defined in Table 3 by 26 December 2025, or; (ii) an average of one engine test results per year over 2 years, starting 12 months after the first engine was installed in non-road mobile machinery, (b) manufacturers producing a total of fewer than 25 engines per year for the EU market across all families in a given ISM group need not submit any engine test unless the production exceeds 35 engines in a two-year rolling period, in which case the manufacturer shall follow the same scheme as set out in sub-point (a). The approval authority shall verify that the declared production quantities are not exceeded during the periods set out in the first paragraph, sub-point (a). If those quantities are exceeded at any point, the manufacturer shall change to one of the testing schemes set out in points 2.6.2.1. and 2.6.2.2. In that case, the total number of engines to be tested under those points shall be reduced by the number of engines already tested and reported in accordance with this point. 2.6.3. ISM groups C, D, E, H and I The manufacturer shall choose, for each group, one of the testing schemes described in point 2.6.2 or the testing scheme based on age of equipment described in section 2.6.3.1 for in-service monitoring. 2.6.3.1. Testing scheme based on the age of non-road mobile machinery (see Figure 2 for reference) 2.6.3.1.1. Testing x engines from the ISM group with non-road mobile machinery production year not more than 2 years prior to the date of that test, (see Figure 2), in accordance with Table 4. Test results shall be submitted to the approval authority by 26 December 2024. 2.6.3.1.2. Testing x engines from the ISM group with non-road mobile machinery production year not less than 4 years prior to the date of that test, (see Figure 2), in accordance with Table 4. Test results shall be submitted to the approval authority by 26 December 2026. 2.6.3.1.2.1. Robust evidence shall be provided to the approval authority that each engine selected for testing under point 2.6.3.1.2 has been used each year in a manner and to an extent similar to that of the population of corresponding engines placed on the Union market. Suitable evidence may include characteristics demonstrating normal wear, records of use, records of maintenance and records of fuel consumed. 2.6.3.1.3. When the manufacturer cannot fulfil the requirements set out in points 2.6.3.1.1 and 2.6.3.1.2 due to unavailability of engines with the required non-road mobile machinery production year or insufficient evidence of use, the approval authority shall accept a change to the testing scheme based on a 4-year period set out in point 2.6.2.2. In that case, the total number of engines to be tested under point 2.6.2.2 shall be reduced by the number of engines already tested and reported in accordance with points 2.6.3.1.1 and 2.6.3.1.2. Figure 2 Illustration of eligible engines for ISM test based on age of non-road mobile machinery 2.6.4. ISM groups O and P The manufacturer shall choose, for each ISM group, one of the testing schemes described in point 2.6.2. In the case the testing scheme set out in point 2.6.2.1 is chosen, manufacturers shall have the possibility to apply, within the same ISM group, the testing scheme based on the odometer reading described in point 2.6.4.1. In the case the manufacturer choses the procedure set out in point 2.6.2.1, the required accumulated service shall be the one stated in Table 5 instead of the one stated in Table 3. Table 5 % of EDP values for ISM groups O and P Group c d O 20 55 P 10 40 2.6.4.1. Testing scheme based on the odometer reading of non-road mobile machinery 2.6.4.1.1. Testing x engines from the ISM group with non-road mobile machinery odometer reading an accumulated service of less than c (km) in accordance with Table 4 and Table 6. Test results shall be submitted to the approval authority by 26 December 2024. 2.6.4.1.2. Testing x engines from the ISM group with non-road mobile machinery odometer reading an accumulated service of more than d (km) in accordance with Table 4 and Table 6. Test results shall be submitted to the approval authority by 26 December 2026. Table 6 Accumulated service for ISM groups O and P Group Engine swept volume (cm3) c (km) d (km) O Any 1 600 4 400 P < 100 1 350 5 400 ≥ 100 2 700 10 800 ’