Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/1628 as regards the extension of the empowerment of the Commission to adopt delegated acts
Date: 2022-03-17
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: European Commission, approval, combustion gases, delegated legislation, engine, motor vehicle, motor vehicle pollution, powers of the institutions (EU), technical specification, technological change

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   EUROPEAN COMMISSION  Brussels, 17.3.2022  COM(2022) 113 final 2022/0080 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2016/1628 as regards the extension of the empowerment of the Commission to adopt delegated acts (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Regulation (EU) 2016/1628 limited all empowerments of the Commission to adopt delegated 
acts  to  a  period  of  five  years  which  expired  on  6  October  2021.  As  there  is  a  need  to 
constantly  update  elements  of  the  type-approval  acts  to  technical  progress  or  to  introduce 
other amendments in line with the empowerments, the draft proposal amends Article 55(2) of 
Regulation  (EU)  2016/1628  to  provide  for  an  empowerment  of  another  five  years  with  the 
possibility for tacit extension. 

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. 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.  

• 

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 
aims  at  extending  the  powers  of  the  Commission  to  update  certain  elements  to  technical 
progress and to introduce other amendments in line with the empowerments. 

4. 

BUDGETARY IMPLICATIONS 

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

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2022/0080 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2016/1628 as regards the extension of the empowerment of 
the Commission to adopt delegated acts 

(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) 

Regulation (EU) 2016/1628 of the European Parliament and of the Council2 lays down 
essential  provisions  on  the  emission  of  gaseous  and  particulate  pollutants  and  type-
approval  for  internal  combustion  engines  for  non-road  mobile  machinery,  and 
empowers  the Commission  to  lay down the technical  specifications in  delegated and 
implementing acts. Article 55(2) of that Regulation conferred this delegation of power 
to  the  Commission  for  a  limited  period  of  five  years,  which  expired  on  6  October 
2021.  As  there  is  a  need  to  update  elements  of  the  type-approval  legislation  to 
technical progress or to introduce other  amendments in line with the empowerments, 
including  a  delegated  act  that  sets  in-service  monitoring  requirements  for  internal 
combustion engines installed in non-road mobile machinery, the empowerment of the 
Commission to adopt delegated acts should be extended with the possibility of further 
extension. 

(2) 

Regulation (EU) 2016/1628 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

In Article 55 of Regulation (EU) 2016/1628, paragraph 2 is replaced by the following:  

‘2.  The  power  to  adopt  delegated  acts  referred  to  in  Articles  19(2),  Article  24(11), 
Article 25(4), Article 26(6), Article 34(9), Article 42(4), Article 43(5) and Article 48 

1 
2 

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  (OJ L 252, 16.9.2016, p. 53). 

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shall be conferred on the Commission for a period of ten years from 6 October 2016.  
The Commission shall draw up a report in respect of the delegation of power not later 
than  6  January  2026  and  nine  months  before  the  end  of  each  following  five-year 
period.  The  delegation  of  power  shall  be  tacitly  extended  for  periods  of  five  years, 
unless the European Parliament or the Council opposes such extension not later than 
three months before the end of each period.’ 

This Regulation shall enter into force on the twentieth 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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