Non-road Mobile Machinery Regulation

Introduction

Regulation (EU) 2016/1628 establishes a comprehensive legal framework for the European Union concerning emission limits and the type-approval process for internal combustion engines installed in non-road mobile machinery (NRMM). This regulation is a cornerstone of the EU's efforts to reduce air pollution and protect public health and the environment.

It repeals and replaces the previous Directive 97/68/EC, introducing stricter, technologically advanced emission limits known as Stage V. The regulation aims to create a harmonized internal market for these engines by setting clear, uniform rules, thereby simplifying the legal framework and reducing administrative burdens for manufacturers. It aligns the NRMM sector more closely with emission standards for on-road vehicles, reflecting technological progress and addressing the significant contribution of NRMM to air pollutants like nitrogen oxides (NOx) and particulate matter (PM).

Main Goal

The primary objective of Regulation (EU) 2016/1628 is to reduce emissions of gaseous and particulate pollutants from a wide range of internal combustion engines used in non-road mobile machinery. By setting stringent Stage V emission limits, including for the first time a limit on particle number (PN) for many engine categories, the regulation seeks to improve air quality across the EU, mitigate the negative health impacts of air pollution, and contribute to the Union's overall environmental targets.

Who It Applies To

The regulation applies to all economic operators involved in the supply chain of engines for non-road mobile machinery. This includes:

• Engine Manufacturers: Responsible for designing, testing, and manufacturing engines that comply with Stage V limits, obtaining EU type-approval, and ensuring conformity of production.
• Original Equipment Manufacturers (OEMs): Companies that manufacture non-road mobile machinery and install the engines. They must ensure the installation does not compromise the engine's emission performance.
• Importers and Distributors: Responsible for ensuring that only compliant, type-approved engines are placed on the EU market.
• Member States: Obligated to establish and operate approval authorities for type-approval and market surveillance authorities to enforce the regulation.

Affected Products and Actors

• Products: The regulation covers a wide array of internal combustion engines, both compression-ignition (CI) (diesel) and spark-ignition (SI) (petrol/gas), across various power ranges. These engines are categorized based on their intended use:
  • NRE: General engines for mobile machinery (e.g., construction, agriculture).
  • NRG: Engines >560 kW for generating sets.
  • NRS/NRSh: Spark-ignition engines for smaller or hand-held equipment.
  • IWP/IWA: Engines for inland waterway vessels (propulsion and auxiliary).
  • RLL/RLR: Engines for railway locomotives and railcars.
  • SMB/ATS: Spark-ignition engines for snowmobiles, all-terrain vehicles (ATVs), and side-by-side vehicles (SbS).
• Actors: The regulation impacts manufacturers, importers, distributors, OEMs, approval authorities, and technical services across numerous sectors.

Key Dates

The regulation became applicable on January 1, 2017. However, the mandatory compliance dates for the new Stage V emission limits were phased in:

• From January 1, 2019: Placing on the market of Stage V engines became mandatory for most engine categories, including those for construction, agriculture, smaller equipment, and inland waterway vessels (<300 kW).
• From January 1, 2020: The requirement was extended to mid-range power engines (56-130 kW) and larger engines for inland waterway vessels (≥300 kW).
• From January 1, 2021: The requirement applied to engines for railway locomotives and railcars.

The regulation includes transitional provisions allowing OEMs to place machinery with engines compliant with the previous emission stage (e.g., Stage IV) on the market for an additional 18 months after the Stage V deadlines.

Exemptions

The regulation provides specific exemptions for certain engines, including those used in:

• Stationary machinery.
• Sea-going vessels and certain recreational watercraft.
• Vehicles for road transport (covered by other legislation).
• Military applications.
• Machinery used exclusively in competitions.
• Engines for export to third countries.
• Temporary placements for field testing.
• Special purpose engines for use in potentially explosive atmospheres or for launching lifeboats.

Key Provisions

• Stage V Emission Limits: Establishes new, stricter limit values for Carbon Monoxide (CO), Hydrocarbons (HC), Nitrogen Oxides (NOx), and Particulate Matter (PM mass). Crucially, it introduces a Particle Number (PN) limit for many engine categories to control ultrafine particles.
• EU Type-Approval: Creates a single, harmonized procedure for approving engine types and families, ensuring that an engine approved in one Member State can be sold across the entire EU.
• Market Surveillance: Strengthens the rules for national authorities to check engines on the market to ensure they comply with the regulation.
• In-Service Monitoring: Requires manufacturers to test the emissions of engines that are already in use to verify that they continue to meet the standards over their operational life.
• Prevention of Tampering: Mandates that engines be designed to prevent the use of 'defeat strategies' and other forms of tampering with emission control systems.

Obligations & Requirements

• Manufacturers: Must obtain EU type-approval for their engines, ensure all series-produced engines conform to the approved type, affix statutory markings, provide instructions to OEMs for correct installation, and monitor in-service engine emissions.
• OEMs: Must install engines according to the manufacturer's instructions and must not modify them in a way that adversely affects emission performance. They must also affix a duplicate marking if the original engine marking is not visible.
• Importers/Distributors: Must verify that engines have the correct EU type-approval and markings before placing them on the market.

Penalties

Article 57 requires Member States to establish effective, proportionate, and dissuasive penalties for infringements of the regulation. Infringements include:

• Making false declarations during type-approval.
• Falsifying test results.
• Using defeat strategies.
• Placing non-compliant engines on the market.
• Tampering with emission control systems.