Commission Delegated Regulation (EU) 2017/655 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to monitoring of gaseous pollutant emissions from in-service internal combustion engines installed in non-road mobile machinery (Text with EEA relevance. )

Article 2Scope

1.   This Regulation applies to monitoring of the gaseous pollutant emissions from the following categories of in-service engines of emission Stage V installed in non-road mobile machinery:
(a)
NRE-v-5;
(b)
NRE-v-6.
2.   This Regulation applies to engine manufacturer.
This Regulation does not apply to original equipment manufacturer.
3.   This Regulation does not apply where the manufacturer demonstrates to the approval authority that it is not able to obtain access to any engine installed in a non-road mobile machinery for the purposes of in-service monitoring.

ANNEX

ANNEX
1.    General requirements for in-service monitoring
1.1.   For the purposes of this Annex ‘category of non-road mobile machinery’ means a grouping of non-road mobile machinery that fulfil the same generic function(s),
1.2.   The manufacturer shall obtain access to engines installed in non-road mobile machinery in order to conduct in-service monitoring tests.
When conducting the in-service monitoring test the manufacturer shall perform the emissions data sampling, measurement of exhaust parameters and data logging of an in-service engine installed in a non-road mobile machinery operated over its normal operating duty cycles until reaching the minimum test duration as set out in point 2 of Appendix 2.
1.3.   Engines subject to in-service monitoring test shall:
(a)
be installed in one of the most representative categories of non-road mobile machinery for the selected engine type or, where applicable, engine family;
(b)
be placed on the Union market;
(c)
have a maintenance record to show that the engine has been properly maintained and serviced in accordance with the manufacturer's recommendations;
(d)
exhibit no indications of misuse (e.g. overloading or misfuelling), or other factors (such as tampering) that could affect the gaseous pollutant emissions performance;
(e)
be in conformity with the EU type-approval documents with regard to the components of the emission control system(s) installed in the engine and in the non-road mobile machinery.
1.4.   The following engines shall be considered as non-eligible for in-service monitoring test, and an alternative engine shall be selected:
(a)
engines without a communication interface which permits the collection of the necessary Electronic Control Unit (ECU) data as specified in Appendix 7;
(b)
engines with an ECU with missing data or a data protocol that does not enable clear identification and validation of the necessary signals.
1.5.   Engines where the collection of ECU data influences the non-road mobile machinery gaseous pollutant emissions or performance shall be considered as non-eligible for in-service monitoring test. Notwithstanding the requirements of article 39 of Regulation (EU) 2016/1628, an alternative engine shall only be selected if the manufacturer can substantially prove to the approval authority the absence of any defeat strategy.
2.    Plan for monitoring in-service engines
2.1.   The manufacturer shall submit to the approval authority that has granted approval of an engine type or, where applicable, engine family, within 1 month of the start of production of the approved engine type or engine family, the initial plan for monitoring in-service engines.
2.2.   The initial plan shall include the criteria used for and the justification of the selection of:
(a)
the engine families or engine types and category(ies) of non-road mobile machinery included in the plan;
(b)
the list of particular engine(s) and non-road mobile machinery selected for in-service monitoring test, if already identified;
(c)
the chosen testing scheme.
2.3.   Manufacturers shall submit to the approval authority an updated plan for monitoring in-service engines whenever the list of particular engine(s) and non-road mobile machinery selected is completed or revised. The updated plan shall be include a justification of the criteria used for the selection and the reasons for revising the previous list, if applicable.
2.4.   The approval authority shall approve the initial and subsequently updated plan(s) or request the appropriate amendments within 2 months of their submission, and shall ensure that the final plan includes the widest variety of engine types and categories of non-road mobile machinery.
2.5.   Each initial or subsequently updated monitoring plan shall be approved by the approval authority before the testing of engines and non-road mobile machinery identified therein is started.
2.6.   Testing scheme
The manufacturer shall choose one of the following testing schemes for in-service monitoring:
2.6.1.   Testing scheme based on the Emission Durability Period (EDP)
2.6.1.1.   Testing 9 engines with an accumulated service of less than 30 % of the EDP. Test results shall be submitted to the approval authority by 31 December 2022.
2.6.1.2.   Testing 9 engines with an accumulated service higher than 70 % of the EDP. Test reports shall be submitted to the approval authority by 31 December 2024.
2.6.1.3.   When the manufacturer cannot fulfil the requirement under point 2.6.1 due to an unavailability of engines with the required service accumulation, the approval authority shall not reject a change to the testing scheme based on a 4 years' period set out in point 2.6.2. Engines already tested in accordance with point 2.6.1 shall remain valid under point 2.6.2.
2.6.2.   Testing scheme based on a 4 years' period
Testing nine engines per year during 4 consecutive years. Test reports shall be submitted to the approval authority every year.
2.6.2.1.   The test results of the first nine engines shall be submitted 12 months after the first engine was installed in a non-road mobile machinery and not later than 18 months after starting the production of the approved engine type or engine family.
2.6.2.2.   When the manufacturer demonstrates to the approval authority that no engine has been installed in a non-road mobile machinery 18 months after starting the production, the test results shall be submitted after the installation of the first engine, on a date agreed with the approval authority.
2.6.2.3.   Small volume manufacturers
The number of engines tested shall be adapted in case of small volume manufacturers:
(a)
manufacturers producing only two engine families shall submit six engines' test results per year;
(b)
manufacturers producing more than 250 engines per year of one single engine family shall submit three engine's test results per year;
(c)
manufactures producing between 125 and 250 engines per year of one single engine family shall submit two engine's test results per year;
(d)
manufactures producing less than 125 engines per year of one single engine family shall submit one engine's test results per year.
The approval authority shall verify the declared production quantities.
2.6.3.   The manufacturer may conduct more tests than those established by the testing schemes set out in points 2.6.1 and 2.6.2.
2.6.4.   Multiple testing of the same engine to provide data for the consecutive service accumulation stages in accordance with points 2.6.1 and 2.6.2 is allowed but not mandatory.
3.    Test conditions
The in-service monitoring test shall reflect the engine's performance when installed in a non-road mobile machinery, in actual operation and operated by its usual professional operator.
3.1.   Operator
3.1.1.   The non-road mobile machinery's operator performing the in-service monitoring test may be other than the usual professional one if the operator demonstrates enough skills and training to the approval authority.
3.1.2.   The manufacturer shall provide detailed explanations to the approval authority on the usual operator's skills and training, and demonstrate that the selected operator is adequate for the in-service monitoring test.
3.2.   Non-road mobile machinery's operation
3.2.1.   The test shall be performed during the complete (or partial) non-road mobile machinery's actual operation.
3.2.2.   When the manufacturer demonstrates to the approval authority that it is not possible to comply with point 3.2.1, the test duty cycle shall represent, as far as possible, the non-road mobile machinery's actual operation.
3.2.2.1.   The representative test duty cycle shall be determined by the manufacturer in agreement with the approval authority.
3.2.3.   Regardless of whether the test is conducted during the actual operation of the non-road mobile machinery or under a representative test duty cycle, it shall:
(a)
assess the actual operation of the majority of in-service population of the selected category(ies) of non-road mobile machinery;
(b)
not include a disproportionate amount of activity at idle speed;
(c)
comprise of sufficient load activity to achieve the minimum test duration set out in point 2 of Appendix 2.
3.3.   Ambient conditions
The test shall be conducted under ambient conditions meeting the following requirements:
3.3.1.
Atmospheric pressure shall be equal or greater than 82,5 kPa;
3.3.2.
Temperature shall be equal or greater than 266 K (– 7 °C) and equal or less than the temperature determined by the following equation at the specified atmospheric pressure:
T = – 0,4514 * (101,3 – p b ) + 311
where:
—
T is the ambient air temperature, K,
—
p b is the atmospheric pressure, kPa.
3.4.   Lubricating oil, fuel and reagent
The lubricating oil, fuel and reagent (for exhaust after-treatment systems that use a reagent to reduce gaseous pollutant emissions) shall comply with the specifications issued by the manufacturer.
3.4.1.   The fuel shall be market fuel or reference fuel as specified in Annex V to Delegated Regulation (EU) 2017/654.
3.4.2.   To demonstrate compliance with point 3.4, the manufacturer shall take samples and retain them for a period of 12 months, or less if agreed by the approval authority.
3.4.3.   Reagent samples shall not be frozen.
3.5.   Operating sequence
Operating sequence is the elapsed time of uninterrupted non-road mobile machinery operation and continuous data sampling during an in-service monitoring test.
The in-service monitoring test shall be conducted in one single operating sequence, except under the combined data sampling method set out in point 4.2, where several operating sequences are combined in a single in-service monitoring test.
4.    Data sampling methods
4.1.   Continuous data sampling
Continuous data sampling shall be used when one single operating sequence is equal or more than the minimum test duration set out in point 2 of Appendix 2.
4.1.1.   A maximum of 3 minutes of data may be excluded due to one or several episodes of temporary signal loss.
4.2.   Combined data sampling
As alternative to point 4.1, the data sampling may be obtained from combining the results of several operating sequences.
4.2.1.   Combined data sampling shall be used only when the test conditions do not enable reaching the minimum test duration set out in point 2 of Appendix 2 with one single operating sequence despite attempting to achieve this, or when the category(ies) of non-road mobile machinery selected for testing is employed in multiple working activities with different relevant duty cycle(s).
4.2.2.   The following additional requirements shall be fulfilled when applying combined data sampling:
(a)
the different operating sequences shall be obtained using the same non-road mobile machinery and engine;
(b)
the combined data sampling shall contain a maximum of three operating sequences;
(c)
each operating sequence in the combined data sampling shall contain a minimum of one Non-Road Transient Cycle (NRTC) work;
(d)
the operating sequences in the combined data sampling shall be obtained and put together in a chronological order;
(e)
the data analysis shall be applied to the complete combined data sampling;
(f)
the maximum period elapsed between the first and last operating sequence shall be 72 hours;
(g)
combined data sampling shall not be used if an engine malfunction occurs, as set out in point 8 of Appendix 2.
5.    ECU data stream
5.1.   The ECU shall provide data stream information to the measurement instruments or data logger of the PEMS in accordance with the requirements set out in Appendix 7.
5.2.   Conformity of information
5.2.1.   The conformity of all the signals provided by the ECU in accordance with Table 1 of Appendix 7 shall be verified by the approval authority and shall meet the requirements set out in point 5 of Annex VI to Commission Delegated Regulation (EU) 2017/654  ( 1 ) .
5.2.2   Manufacturers shall check in accordance with the method set out in Appendix 6 the conformity of the ECU torque signal during the in-service monitoring of engines installed on non-road mobile machinery using a PEMS.
6.    Test procedures and data pre-processing and validation
6.1.   In-service monitoring tests shall be conducted using Portable Emissions Measurement System (PEMS) in accordance with Appendix 1.
6.2.   Manufacturers shall comply with the test procedure set out in Appendix 2 with regard to the in-service monitoring of engines installed on on-non-road mobile machinery using a PEMS.
6.3.   Manufacturers shall follow the procedures set out in Appendix 3 for the pre-processing of the data resulting of the in-service monitoring of engines installed on on-non-road mobile machinery using a PEMS.
6.4.   Manufacturers shall follow the procedures set out in Appendix 4 for the determination of valid events during an in-service monitoring test of engines installed on on-non-road mobile machinery using a PEMS.
7.    Test data availability
No data shall be modified or removed from a test. The entire data sampling shall be retained at least for 10 years by the manufacturer and made available upon request to the approval authority and the Commission.
8.    Calculations
Manufacturers shall follow the procedures set out in Appendix 5 for the gaseous pollutant emissions calculations for the in-service monitoring of engines installed on on-non-road mobile machinery using a PEMS.
9.    Confirmatory test
9.1.   Approval authorities may conduct a confirmatory in-service monitoring test in order to have an independent in-service monitoring measurement.
9.2.   The confirmatory test shall be performed on the engine family/type and category(ies) of non-road mobile machinery specified in point 2; a particular engine fitted in a relevant non-road mobile machinery shall be tested according to the requirements set out in this Regulation.
10.    Reporting procedures
10.1.   Approval authorities shall draft a test report of the in-service monitoring of engines installed on on-non-road mobile machinery using a PEMS for each engine tested. The test report shall show the activities and results of the in-service monitoring and include at least the information required by data entries 1 to 11 of Appendix 8.
10.2.   Instantaneous measured data and instantaneous calculated data
10.2.1.   Instantaneous measured data and instantaneous calculated data shall not be included in the test report but shall be kept by the manufacturer and made available upon request to the European Commission and the approval authority for the period set out in point 7.
10.2.2.   Instantaneous measured data and instantaneous calculated data shall include at least the information required by data entries I-1 to I-2.20 of Appendix 8.
10.3.   Publicly available information
For the purposes of Article 44(3)(b) of Regulation (EU) 2016/1628, the manufacturer shall provide a separate report containing the information required by the following data entries of Appendix 8: 1.1, 2.2, 2.4, 3.2, 6.3, 6.4.1, 6.10 Section 9 and Section 10.
Information for data entry 6.3 shall be provided at regional level, providing approximate geographic location only.
( 1 )   Commission Delegated Regulation (EU) 2017/654 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery (see page 1 of this Official Journal).

Schedules & Appendices

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