Opinion of the European Economic and Social Committee on the "Proposal for a Directive of the European Parliament and of the Council amending Directive 97/68/EC 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" (COM(2002) 765 final — 2002/0304 (COD))
Date: 2003-06-18
Institutions: European Economic and Social Committee
Subjects: approximation of laws, atmospheric pollutant, engine, environmental standard, reduction of gas emissions

C 220/16

EN

Official Journal of the European Union

16.9.2003

Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the
European Parliament and of the Council amending Directive 97/68/EC 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’

(COM(2002) 765 final — 2002/0304 (COD))

(2003/C 220/04)

On 11 February 2003 the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing
the Committee’s work on the subject, adopted its opinion on 4 June 2003. The rapporteur was Mr Barros
Vale.

At its 400th plenary session on 18 and 19 June 2003 (meeting of 18 June), the European Economic and
Social Committee unanimously adopted the following opinion.

1.

Introduction

— inland waterway vessels with a length of 20 metres or

more and a volume of 100 m3 or more;

1.1.
This EESC Opinion concerns a proposed amendment
to Directive 97/68/EC 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’
(NRMM).

1.1.1.
The engines for use in NRMM are to a large extent
produced for a global market. Global alignment was a high
priority issue when the current legislation was developed and
continues to be so in respect of future emissions standards.

The current Directive 97/68/EC covers compression
1.2.
ignition (CI) engines of 18 kW to 560 kW for use in non-road
mobile machinery;
it also proposes tighter restrictions on
emissions of air pollutants from these engines.

The directive currently in application stipulates two

1.3.
stages of emission standards, as follows:

— Stage I standards entered into force on 31 December

2000 for all power bands;

— Stage II

standards are entering into force between
31 December 2000 and 31 December 2003, depending
on the power band.

In line with Article 19 of the directive, which provides
1.4.
for a tightening of the emissions standards for CI engines, the
current proposal introduces new limits for these engines in
Stages III A and III B.

The current proposal also extends the scope of the

1.5.
directive to cover:

— tugs or pusher craft having been built to tow or to push
or to move alongside vessels of 20 metres or more.

1.6.
Stage III A of the proposal only refers to gaseous
pollutants, recommending an approximately 30 % reduction
in NOx (nitrous oxides) in relation to the Stage II values; it
should enter into force between 31 December 2005 and
31 December 2007, depending on the size of the engine. The
limits now recommended are equivalent to those stipulated in
the corresponding legislation already adopted in the USA.

1.7.
Stage III B of the proposal recommends reducing solid
particulates in emissions from the engines covered by the
directive by about 90 %, with respect to Stage II, and should
enter into force between 31 December 2010 and 31 December
2011.

The proposed changes to the measurement and sam-
1.8.
pling methods will introduce procedures based on a better
simulation of actual engine use, as a consequence of which the
results obtained will be more meaningful than those currently
based on a steady state test cycle. Use of the new procedures
will be mandatory in Stage III B to determine the particulate
mass in emissions, while it will be optional whether to use the
new test methods or those established to date for the
Stage III A emissions and the Stage III B gaseous emissions.
The measurement and sampling methods, as defined in the
present directive, are of limited application for machines
whose patterns of operation are not covered by the test
methods for NRMM. However, those engines are generally
covered by specific directives such as Directive 70/156/EEC
for vehicles, Directive 74/150/EEC for agricultural tractors,
and Directive 94/25/EC for recreational craft, or their power is
usually above 560 kW, as is the case with locomotives.

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Official Journal of the European Union

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1.9.
Stage III A can be completed with currently available
technology, or by introducing technologies flowing from
developments between now and 2010. As regards the rec-
ommended values for particulate emissions, a steady supply of
low-sulphur fuel ([50 mg/kg = [50 ppm) is vital; therefore the
entry into force of the limits stipulated in Stage III B depends
on the entry into force of the amendments to Directive
98/70/EC relating to diesel fuel.

The proposal allows engines to be mounted into
1.10.
pieces of equipment by the actual engine manufacturers or by
equipment manufacturers; it therefore provides for two points
of
flexibility in order to allow equipment manufacturers
enough time to adapt their products to the directive, as follows:

— The first allows equipment manufacturers to use ‘old’
engines for a period of two years, providing that the
engines are produced before the date of entry into force
of the new limit values.

— The second allows equipment manufacturers (i) to use a
limited number of engines that comply only with the
previous limit values, but not more than 20 % of one
year’s production within each power band (calculated as
an average of the distribution on the EU market over the
last five years) or (ii) to choose to exempt a fixed number
of engines included in one or more power bands, but not
more than 50 (fifty) pieces for 130-560 kW, 100 (one
hundred) pieces for 75-130 kW, 150 (one hundred and
fifty) pieces for 37-75 kW and 200 (two hundred) pieces
for 19-37 kW.

2. General comments

of adapting technology already developed for engines used in
road haulage vehicles to the design and operating conditions
of non-road mobile machinery. There are however a number
of key differences in use to take into consideration:

— The operating environment and the engine speed at

which they operate are very different.

— The lack of registration (commonly known as the number
plate) for NRMM makes it difficult to monitor normal
usage, but does not prevent the directive’s requirements
from being imposed as a condition for the machinery to
receive type-approval.

— The definition of the term ‘useful life’ is not determined
by periodical mandatory inspections, as is the case with
road machinery, but rather by economic operating criteria
for professionals or companies using non-road machinery
with CI engines in the course of their activities.

These differences do not constitute major obstacles to

2.3.
achieving the aims of the directive, given that:

— the new ‘measurement and sampling methods’ can
adequately reproduce the operating conditions for non-
road machinery;

— these machines, because of their size and power, are
generally used for professional purposes, and are there-
fore constantly maintained by the companies owning
them;

— the mechanical wear and tear on non-road machinery is
probably faster than the wear and tear on the engines;
therefore in the long term, the type-approval for these
engines in itself ensures that they comply with the limit
values laid down in the directive during the useful life of
the machinery.

2.4.
In order to gain a better understanding of the import-
ance of implementing this directive so as to secure a solution
to air quality problems in the future, reference should be made
to the overall quantity of NRMM in operation as a percentage
of all machinery running on diesel. The EU 15’s diesel
consumption in 1998 was of the order of 227 117 000 tonnes;
NRMM accounted for 9,3 % of the total:

2.1.
In accordance with Article 19 of the directive, which
provides for a tightening of the emissions standards for
compression ignition engines, the Commission is presenting a
proposal for a further reduction in limit values for emissions
from engines for use in non-road mobile machinery with an
engine power of 18 to 560 kW.

— road machinery

— non-road machinery (1) (estimate)

— inland waterway vessels

2.2.
It is certain that the number of engines produced for
non-road mobile machinery is much lower than the number
of engines produced for road use. Mobile machinery engines
for road and non-road use are technologically very similar,
and therefore experience acquired with the former type of
engine could be adapted to the latter type. It is largely a matter

— other

Total

(1) Agricultural machinery (except for tractors), civil construction

and mining machinery, etc.

52,4 %

9,3 %

2,1 %

36,2 %

100,0 %

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Official Journal of the European Union

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3. Technological difficulties

5.

Final comments

As noted above, technological developments available
3.1.
for engines used in road machinery are in most cases
transferable for use on non-road machinery. Nevertheless, the
Commission’s proposal to review the feasibility of such a use/
transfer of technology by December 2006 at the latest, seems
sensible.

The proposal is rooted in a concern to protect the
5.1.
environment, which the Committee supports. However,
it
should be borne in mind that smooth implementation will
depend on the availability of the right quality of fuel, and on
steps to monitor compliance with the rules after type-approval
has been granted.

4.

Importance of fuel quality

4.1.
Implementation of Stage III B depends on fuel quality
and consequently on compliance with Directive 98/70/EC
which sets a maximum sulphur content of 50 ppm for diesel
used for road vehicles as of 1 January 2005; the dates for
beginning Stage III B must
therefore be determined by
compliance with this directive. Type-approval of engines using
the reference fuel guarantees that they operate in line with the
limit values set down for Stage III B, but emissions will only
meet the new limit values if suitable fuels are actually available
on the market.

4.1.1.
The costs referred to in the proposal’s preliminary
comments are estimated and not detailed costs, and therefore
a cost-benefit analysis cannot be carried out properly, nor can
there be a proper assessment of the overall benefits of the limit
values package proposed for non-road engines as indicated.
(See, for example Conclusion 3.7.4 of the preliminary com-
ments in the Explanatory Memorandum.)

4.2.
Given that low sulphur fuel (10-50 ppm) is unlikely to
be available on all markets, it should be borne in mind that the
limit values stipulated for Stage III B cannot be achieved as
long as such fuel is unavailable.

Brussels, 18 June 2003.

5.2.
Although non-road mobile machinery with CI engines
does not need to be registered, the fact that it is usually used
by professionals and companies means that such machinery
can be identified and located by the official bodies of each
Member State. This machinery should have a type-approval
certificate with a detailed description of the mandatory devices
for full compliance with the limit values of the directive under
which type-approval was granted. Thus, Member States will in
the future have the means available for checking maintenance
and/or compliance with the type-approval conditions.

6. Conclusions

The Committee welcomes the Commission’s proposal
6.1.
which is designed to reduce air pollution caused by non-road
mobile machinery using CI engines.

The Committee agrees with the feasibility of

6.2.
the
technical solutions required to comply with the limit values
stipulated for the various stages, as well as the dates set for
their implementation;
it seconds the concerns about the
changes which need to be made to the fuel for Stage III B and
supports the technical improvements in the new test methods
appended to the proposed directive.

The President

of the European Economic and Social Committee

Roger BRIESCH