Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/1628 as regards its transitional provisions in order to address the impact of COVID-19 crisis
Date: 2020-06-02
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: approval, combustion gases, engine, environmental standard, epidemic, infectious disease, market approval, motor vehicle, motor vehicle pollution, technical specification

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   EUROPEAN COMMISSION  Brussels, 2.6.2020  COM(2020) 233 final 2020/0113 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/1628 as regards its transitional provisions in order to address the impact of COVID-19 crisis (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The COVID-19 pandemic is causing major disruption of the  supply chain which has had an 
impact  on non-road mobile machinery (NRMM) manufacturers’ ability to meet  some of the 
deadlines  imposed  by  Regulation  (EU)  2016/1628  of  the  European  Parliament  and  of  the 
Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant 
emission  limits  and  type-approval  for  internal  combustion  engines  for  non-road  mobile 
machinery. 

That Regulation sets out new emissions limits, referred to as ‘Stage V’, which are designed to 
reduce  the  current  emissions  of  air  pollutants  from  engines  for  non-road  mobile  machinery. 
Given  the  structural  challenge  for  certain  manufactures  to  shift  towards  Stage  V  emission 
limits, the Regulation provides some lead time to make this transition.  

According  to  the  transition  periods  provided  in  Article  58(5)  and  the  dates  laid  down  in 
Annex III to that Regulation, manufacturers have until 30 June 2020 to produce NRMM fitted 
with  transition  engines  of  the  following  categories:  NRE  in  the  power  range  <56kW  and 
≥130kW, NRG, NRSh, NRS, IWP and IWA in the power range 19 ≤ P < 300, SMB and ATS. 
They then have until 31 December 2020 to place these machines on the Union market. 

However,  the  COVID-19  outbreak  has  caused  complete  interruptions  in  the  supply  of  parts 
and components, leaving manufacturers with stocks of engines and unfinished products. The 
consequence of this disruption is that many engines and machinery manufacturers will not be 
able to meet the deadlines set out above without sustaining serious economic damage.  

In the light of this disruption that could not have been foreseen, the dates for producing and 
placing  of  the  market  of  NRMM  and  tractors  fitted  with  transition  engines  is  postponed  by 
twelve months. This postponement does not apply to transition engines covered by the dates 
specified in the second, third and fourth subparagraphs of Article 58(5). 

The  extension  of  12  months  is  warranted  given  the  seasonality  of  the  goods  in  which 
transition  engines  will  be  fitted.  This  is  particularly  the  case  for  tractors  and  garden 
equipment.  In  addition,  it  is  difficult  to  predict  the  exact  duration  of  the delays  that  will  be 
suffered for the completion of the impacted goods (e.g. inland waterways vessels). Finally, it 
should be noted that regardless of the duration of the extension, economic operators will have 
no interest to delay further the completion and placing on the market of machinery, vehicles 
and vessels for which they have already incurred costs. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article 114 of the Treaty on the Functioning of the European Union 

• 

Subsidiarity (for non-exclusive competence)  

The  subsidiarity  principle  applies  since  the  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. 

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European Union action is  necessary to  avoid  the emergence of barriers to the single market 
notably  in  the  field  of  NRMM  engines,  and  because  of  the  transnational  nature  of  air 
pollution.  

The proposal therefore complies with the subsidiarity principle 

• 

Proportionality 

The proposal complies with the proportionality principle because it does not go beyond what 
is  necessary  in  order  to  achieve  the  objectives  of  ensuring  the  proper  functioning  of  the 
internal  market  while  at  the  same  time  providing  for  a  high  level  of  public  safety  and 
environmental  protection.  The  length  of  the  proposed  extension  is  commensurate  with  the 
expected duration of the disruption due to the COVID-19 pandemic. 

• 

Choice of the instrument 

Regulation amending a Regulation 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

This proposal is not accompanied by a separate impact assessment, as an impact assessment 
for Regulation (EU) 2016/1628 has already been undertaken. This proposal does not alter that 
Regulation  on  substance  and  does  not  impose  new  obligations  on  the  concerned  parties.  It 
primarily aims at providing, for exceptional reasons in the context of the current COVID-19 
outbreak,  an  extension  of  twelve  months  for  the  manufacture  and  placing  on  the  market  of 
transition engines and the machinery equipped with them. This proposal has no environmental 
effects  since  the  measures  facilitate  the  placing  in  the  market  of  goods  fitted  with  engines 
produced  before  the  pandemic.  It  also  avoids  the  need  to  scrap  otherwise  non-compliant 
goods fitted with such engines. 

4. 

BUDGETARY IMPLICATIONS 

The proposal does not have a budgetary impact for the EU institutions.  

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2020/0113 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2016/1628 as regards its transitional provisions in order to 
address the impact of COVID-19 crisis 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL 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 European Economic and Social Committee1,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Regulation (EU) 2016/1628 of the European Parliament and of the Council2 lays down 
requirements relating to emission limits and EU type-approval procedures for engines 
for non-road mobile machinery.  

The dates applicable to the new emissions limits, referred to as ‘Stage V’ are set out in 
order  to  provide  manufacturers  with  clear  and  comprehensive  information  and  an 
appropriate period of time to transition to the new emission stage, whilst at the same 
time substantially reducing the administrative burden for approval authorities.  

The outbreak of the COVID-19 has caused a disruption of the supply chain of critical 
parts and components, which has led to delays for engines and machinery fitted with 
those engines that comply with less stringent emission limits than those of Stage V and 
that  need  to  be  placed  on  the  market  before  the  dates  set  out  in  Regulation  (EU) 
2016/1628. 

Taking into account the disruption caused by the COVID-19 outbreak, it is very likely 
that  manufacturers  of  non-road  mobile  machinery  will  not  be  able  to  ensure  that 
engines  and  the  machinery  fitted  with  those  engines  benefiting  from  the  transition 
period  meet  the  deadlines  set  out  in  Regulation  (EU)  2016/1628  without  sustaining 
serious economic damage. 

OJ C , , p. . 
Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on 
requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal 
combustion  engines  for  non-road  mobile  machinery,  amending  Regulations  (EU)  No  1024/2012  and 
(EU) No 167/2013, and amending and repealing Directive 97/68/EC (Text with EEA relevance), (OJ L 
252, 16.9.2016, p. 53). 

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(5) 

(6) 

(7) 

(8) 

Given the current circumstances and in order to ensure the smooth functioning of the 
internal market, to provide legal certainty, and to avoid potential market disruption, it 
is  necessary  to  amend  the  dates  of  application  of  certain  transitional  provisions  of 
Regulation (EU) 2016/1628. 

Given  that  this  prolongation  will  have  no  environmental  impact  as  the  concerned 
transition engines have already been produced coupled with the fact that it is difficult 
to  predict  the  exact  duration  of  the  delays  caused  by  the  COVID-19  disruption,  the 
extension of the relevant deadlines should be of 12 months. 

In view of the fact that the transition period provided for in Article 58(5) of Regulation 
(EU)  2016/1628  for  certain  engines  will  expire  on  31  December  2020  and  that 
manufacturers have until 30 June 2020 to produce transition engines, this Regulation 
should enter into force as a matter of urgency. 

In view of that urgency, it is considered necessary to use the exception from the eight-
week  period  referred  to  in  Article  4  of  Protocol  No  1  on  the  role  of  national 
Parliaments in the European Union, annexed to the Treaty on European Union, to the 
Treaty  on  the  Functioning  of  the  European  Union  and  to  the  Treaty  establishing  the 
European Atomic Energy Community. 

(9) 

Given  the  urgency  of  the  support  needed,  this  Regulation  should  enter  into  force  on 
the day following that of its publication in the Official Journal of the European Union, 

HAVE ADOPTED THIS REGULATION: 

Regulation (EU) 2016/1628 is amended as follows: 

Article 58 is amended as follows:  

Article 1 

(1) 

(a) 

paragraph 5 is amended as follows: 

in the second subparagraph, the first sentence is replaced by the following: 

‘For engines of NRE sub-categories for which the date set out in Annex III for the 
placing  on  the  market  of  Stage  V  engines  is  1  January  2020,  Member  States  shall 
authorise the extension of the transition period and of the 18-month period referred to 
in  the  first  subparagraph  by  an  additional  12  months  for  OEMs  with  a  total  yearly 
production  of  less  than  100  units  of  non-road  mobile  machinery  equipped  with 
internal combustion engines.’;  

(b) 

the third subparagraph is replaced by the following: 

‘For engines of NRE sub-categories for which the date set out in Annex III  for the 
placing on the market of Stage V engines is 1 January 2020, used in mobile cranes, 
the  transition  period  and  the  18-month  period  referred  to  in  the  first  subparagraph 
shall be extended by 12 months.’; 

(c) 

the following fifth subparagraph is added:  

‘For  engines  of  all  sub-categories  for  which  the  date  set  out  in  Annex  III  for  the 
placing on the market of Stage V engines is 1 January 2019, except for the engines 
referred to in the fourth subparagraph, the transition period and the 18-month period 
referred to in the first subparagraph shall be extended by 12 months.’; 

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(2) 

in paragraph 7, the following point (d) is added: 

‘(d)  36  months  from  the  applicable  date  for  the  placing  on  the  market  of 
engines  set  out  in  Annex  III,  in  the  case  set  out  in  the  fifth  subparagraph  of 
paragraph 5’. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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