Emission limits and type-approval for internal combustion engines for non-road mobile machinery: extension of the empowerment of the Commission to adopt delegated acts

2022/0080(COD)

PURPOSE: to amend Regulation (EU) 2016/1628 as regards the extension of the empowerment of the Commission to adopt delegated acts.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Regulation (EU) 2016/1628 of the European Parliament and of the Council 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, it is necessary to extend the power conferred on the Commission to adopt delegated acts, with the possibility of a further extension.

CONTENT: the proposal amends Article 55(2) of Regulation (EU) 2016/1628 to provide for an additional five-year empowerment (until 6 October 2026) with the possibility of tacit extension for five-year periods.