3 Non-road mobile machinery: emission
limits
| Committee's assessment
| Legally and politically important |
| Committee's decision | Not cleared from scrutiny; further information awaited
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| Document details | Draft Regulation on emission limits for non-road mobile machinery
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| Legal base | Article 114 TFEU; co-decision; QMV
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| Department | Transport
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| Document numbers | (36367), 13690/14, COM(14) 581
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Summary and Committee's conclusions
3.1 Emissions of nitrogen oxides (NOx)
and particulate matter from the non-road sector contribute significantly
to overall air quality problems in the EU, and Directive 97/68/EC
(as amended) regulates their emissions from engines for installation
in non-road mobile machinery, which includes medium sized diesel
engines for construction machinery, mobile generators, railcars
and locomotives, inland waterway vessels, and from small petrol
engines for use in applications such as chainsaws. However, the
Commission points out that not all engine categories are covered,
that the emission stages in place no longer reflect the current
state of technology, with there being a mismatch between the emission
limits for certain engine categories. In addition, it says that
there is recent conclusive evidence of the adverse health effects
of diesel emissions, especially particulate matter.
3.2 The Commission has therefore now brought forward
this proposal, which would replace the existing Directive with
a Regulation, intended to simplify the legislation, to make it
easier to enforce, and to introduce new emission limits. Many
of the elements simply carry forward the technical requirements
in the existing legislation, and are in consequence unlikely to
be controversial, but some are either new or modified in form,
and give rise to policy issues which the Government will wish
to consider (as well as, in certain cases, competence creep).
3.3 The EU legislation in this area is extremely
complex, both in terms of its content and the numerous amendments
which have been made since the introduction of Directive 97/68/EC,
and, insofar as the Commission's proposal would replace it by
this new Regulation (and in the process introduce new emission
limits which better reflect current technology, whilst retaining
many of the existing elements), it is to be welcomed.
3.4 Having said that, it is also clear that there
are a good number of detailed points which the Government wishes
to explore further, and that it also has concerns about the possibility
of "competence creep" in certain areas. In addition,
we note that it will be carrying out a public consultation on
the proposal, and that an Impact Assessment is under preparation.
In view of this, we think it right to draw this proposal to the
attention of the House, but to hold it under scrutiny pending
further information from the Government on the various points
which we have highlighted.
Full details of the document:
Draft Regulation on requirements relating to emission limits and
type-approval for internal combustion engines for non-road mobile
machinery: (36367), 13690/14 + ADDs 1-2, COM(14) 581.
Background
3.5 Emissions from the non-road sector contribute
significantly to overall air quality problems in the EU, accounting
for approximately 15% of the oxides of nitrogen (NOx)
and 5% of the particulate matter emissions. Initially, Directive
97/68/EC regulated emissions of air quality pollutants from the
exhausts of compression ignition (diesel) engines with a power
output between 18 and 560kW for installation in non-road mobile
machinery, which includes engines for construction machinery,
mobile generators, railcars and locomotives, and inland waterway
vessels. However, the measures were subsequently extended to small
petrol engines below 18kW for use in applications such as chainsaws,
and have become progressively more stringent.
3.6 However, the Commission points out that not all
engine categories are covered, that the new emission stages introduced
when the Directive was amended in 2004 no longer reflect the current
state of technology, and that there is a mismatch between the
emission limits for certain engine categories. In addition, it
says that there is recent conclusive evidence of the adverse health
effects of diesel emissions, especially of particulate matter,
and that it is necessary to tackle, not just particle mass, but
their number as well.
The current proposal
3.7 The Commission has therefore considered ways
in which this problem might be addressed, notably alignment with
standards set by the United States as regards both scope and emission
limit values; moving the emission limit values for the most significant
sectors towards those for road vehicles; and a combination of
the more stringent emission limits from the first two options
with enhanced monitoring provisions to ensure compliance of engines
in service. It has now brought forward this proposal, based on
the last of these options, and replacing the existing Directive
with a Regulation, intended to simplify the legislation, to make
it easier to enforce, and to introduce new emission limits.
3.8 Many of the elements in the proposal simply carry
forward the existing technical requirements, and are in consequence
unlikely to be controversial, but some are either new or modified
in form. The principal of these are as follows:
Emission limits for engine power categories previously
out of scope
There are currently no emissions limits for non-road
diesel engines rated power categories below 19kW or above 560kW
(except where the engines are for railway or inland waterway vessel
use), and the proposal would now include these within the scope
of the legislation, as well as introducing emissions limits for
non-road petrol engines with rated powers above 19kW. The emissions
limits proposed for the power bands brought into scope would be
in broad alignment with the new limits being proposed for the
engine categories currently included, and the proposal would for
the first time set emission limits for engines for snowmobiles,
small all-terrain vehicles, and "side-by-side" vehicles.
New emissions limits for future engines
The Commission proposes to introduce new emission
limits (which would be phased in for engines placed on the market
between January 2019 and January 2021 depending upon their power
category or specific application, in order to spread the burden
on manufacturers). For the majority of diesel engines, the most
significant change would be the introduction of a more strict
particulate matter limit, accompanied by a particle number limit,
intended to force the adoption of wall-flow particulate filters,
and so ensure that particulate emissions are effectively controlled.
However, this particulate matter limit would not be imposed upon
the engine categories newly brought within scope, and the changes
proposed for petrol engines would be limited to reductions in
the combined emissions of hydrocarbons and NOx from
engines not intended for hand-held applications.
In order to reduce compliance costs, the new emission
limits are intended to broadly align with those which will be
current in North America, and the emission limits for diesel railway
vehicles would be unchanged from those in the current legislation,
apart from the addition of a particle number limit for future
railcar[12] engines so
as to force the adoption of wall-flow diesel particulate filters.
However, in order to facilitate the entry into the market of dual-fuel
engines running on both diesel and natural-gas, engines running
on natural gas would be permitted to emit higher levels of hydrocarbons
than those running solely on diesel (with the higher level being
set on a sliding scale, depending on the proportion of the energy
produced from the gas, and reflecting the relatively high methane
emissions which are a feature of dual fuel engines using the currently
most widespread technology). New emission limits are also proposed
for engines for inland waterway vessels which reflect the Commission's
ambition to achieve a rapid transition of that sector to the use
of natural gas, rather than diesel.
New transitional arrangements
The proposal would replace the existing transitional
arrangements, which exist to assist manufacturers in managing
the change from one emissions standard to the next (and comprise
"end of series" provisions, "sell-off" provisions,
and a "flexibility scheme") with a single "sell-off"
scheme. In broad terms, this would permit any engine produced
before the effective date for a new emissions standard to be placed
in a machine for up to one year after that date (or for up to
two years in the case of a machine builder producing fewer than
fifty machines per year).
Specific exemptions for "ATEX" engines
The proposal would introduce for "ATEX"
engines, certified for use in explosive atmospheres, specific
emission limits equivalent to an earlier, largely superseded standard
in the current legislation, thereby recognising that, in the current
state of technology, later standards require exhaust after-treatment
systems which become too hot for use in explosive atmospheres.
Field testing of prototypes and shipment of engines
and exhaust after-treatment systems
The proposal contains provisions which address industry
concerns by explicitly permitting the testing of prototype engines
under real-world conditions. Explicit provision is also made for
the shipping of engines and the exhaust after-treatment components
associated with them to machine builders in separate packages
for reasons of logistic convenience.
Central database of type-approval information
The proposal would require the Commission to set
up a central database ("Union central administrative platform
and database"), where information on type-approvals would
be held, and through which the type-approval authorities of Member
States could communicate with one another and with the Commission.
The database would be extended, in time, to permit communication
with and between manufacturers and technical services, and to
permit public access to the results of tests on engines.
Responsibilities of importers and distributors
of engines
The proposal would introduce definitions of an importer
and of a distributor for the purposes of the non-road legislation,
and would explicitly set out their responsibilities. Its aim is
to avoid uncertainty about where responsibility would lie in cases
where, for instance, non-compliant engines were being produced
and sold into Europe by a manufacturer beyond the jurisdiction
of the courts of EU Member States.
Commission delegated and implementing acts
The proposal would confer upon the Commission the
power to produce delegated acts and implementing acts in support
of the main text of the proposed Regulation. The former would
include measures to refine some of the definitions; the parameters
constituting an engine "family" for the purposes of
the type-approval; detailed technical provisions to prevent tampering
with emission control systems; the procedures and test cycles
to be employed at type-approval and during subsequent checks upon
the conformity of production of engines; and the conditions under
which parts could be replaced on engines already placed on the
market. Delegated acts would also be used to specify the alternative
approvals to be considered equivalent to those granted under the
terms of the proposed Regulation, and to define the information
on correct engine information and operation to be passed to machine
builders and machine operators by the engine manufacturer. The
power to produce delegated acts would, however, be limited in
duration to five years from the entry into force of the proposed
Regulation.
Implementing acts would be used to define the information
to be included with an application for type-approval, the formats
of data sheets, certificates, and numbering systems, and the format
of test procedures. They would also be used, as and when required,
to authorise the use of new technologies which would otherwise
be effectively prevented from entering the market by the proposed
Regulation.
Technical services
The proposal would set out, for the first time, the
levels of technical competence and standards of impartiality to
be expected of technical services involved in the type-approval
process, as well as their obligations and responsibilities.
Market surveillance
The proposal would require Member States to carry
out market surveillance and checking activities on engines for
non-road mobile machinery in accordance with the requirements
of European Regulation 765/2008.
The Government's view
3.9 In her full and helpful Explanatory Memorandum
of 15 October 2014, the Minister of State at the Department for
Transport (Baroness Kramer) says that the Government is still
considering the policy implications of this proposal, but says
that it has a number of initial comments.
3.10 The Government is content that the proposal
should be in the form of a Regulation, rather than a new Directive,
believing that this is supported by all Member States, and it
is equally content to see the legislation simplified, as the existing
Directive has been frequently amended, and is now difficult to
follow. The Minister also says that the proposed delegated and
implementing acts all deal with aspects which would formerly have
been dealt with by the comitology process, and that all of the
matters in question appear to be appropriate, notably the use
of implementing acts to authorise the use of new technologies
which would otherwise be forbidden simply because they have not
currently been envisaged (thus avoiding the legislation becoming
a barrier to innovation).
3.11 The Minister notes that the Commission has said
that it intends to concentrate on achieving air quality benefits,
rather than setting ambitious emissions standards for their own
sake. She welcomes this pragmatic approach which she says is demonstrated
in several elements of the proposal, but adds that it is not yet
clear whether this will be confirmed by detailed analysis. She
also comments on the fact that the Commission has, on cost-benefit
grounds, not set a particle number limit for the engine power
categories brought within scope for the first time (and so not
forced their adoption of diesel particulate filters), and points
out that, although the UK's initial analysis suggests that such
engines represent about a quarter of all non-road diesel engines
sold, the Commission has claimed that their overall contribution
to emissions of particulate matter is relatively small. She says
that, if this is the case, the Commission's approach may be justified
in the context of NOx now being the pollutant of most
interest.
3.12 However, the Minister also goes on to identify
a number of points of possible concern:
· She suggests that the proposal relating
to engines for inland waterway vessels appears likely to have
unintended consequences in terms of its impact upon operators
in the sector and manufacturers of the engines concerned, and
will require careful scrutiny. Thus, the proposed emission limits
will encourage the building of vessels with two smaller engines,
rather than one large one, despite the fact that they are likely
to be less economical to operate, in addition to which the limits
are out of alignment with those applied or proposed elsewhere
in the world, and would thus make the EU a niche market for inland
waterway engines from which some manufacturers may well withdraw.
· The Commission's recognition of the problems
faced by builders of machines for use in potentially explosive
atmospheres, such as are found in the petroleum sector and many
process industries, is welcome, particularly as the UK has a number
of companies with interests in this sector. However, the omission
of any allowances for engines used in the specialised vehicles
used for the launch and recovery of lifeboats is a matter of some
concern as their supply is important for the limited number of
users, and the UK has what is believed to be Europe's only builder.
· The provisions which explicitly permit
the testing of prototype engines under real-world conditions,
and the practice of shipping engines and the exhaust after-treatment
components associated with them to machine builders in separate
packages, are welcome clarifications.
· Two elements of the proposal appear to
carry with them the risk of "competence creep", namely
the power conferred on market surveillance authorities to require
companies to provide documents, and the duty placed upon technical
services to carry liability insurance. Whilst neither of these
is evidently objectionable in itself, both appear to be matters
where Member States should put in place the legislation they see
fit, and the Government will be examining these elements very
closely.
· Some elements of the proposal may represent
extensions of the scope of the legislation beyond that encompassed
by the current Directive, and into areas already regulated, or
more properly dealt with, by other EU legislation, such as the
Machinery Directive (2006/42/EC). The areas where this risk seems
to exist are the obligations placed upon importers and distributors
of engines, and upon the builders of machines into which engines
are fitted, since these are not explicitly stated in the current
Directive.
· Whilst the Government is keen to see effective
control and enforcement, in the interests both of achieving the
intended air quality improvements and the maintenance of a level
playing field for industry, it would be very concerned by any
extension of the Commission's exercise of competence into new
areas. At the same time, it would be very cautious about any extension
of the scope, and any potential overlap with the scope of other
measures, and would expect to find its position on these matters
shared by other Member States.
· An area of significant concern is the
lack of any clear process for permitting the placement on the
market of replacement engines, the Government's understanding
being that the refurbishment of existing engines would be permitted,
but that the production of new engines meeting superseded standards
as replacements for broken or worn-out units prevented (on the
grounds that replacement engines threaten the achievement of air
quality benefits because, once placed on the market, they may
be used illicitly in new machines). Whilst sharing the wish that
the air quality benefits of the proposal should be realised, the
Government considers that the availability of replacement engines
is essential, and particularly so for smaller businesses, which
are most likely to be operating older machines, and least likely
to be able to afford to replace a machine simply because its engine
has failed beyond repair. Some arrangement, similar to that in
the current Directive, which facilitates the re-engining of railway
locomotives and railcars, is also likely to be essential for the
UK's rail sector for the foreseeable future. The Government believes
that the Commission's position carries the risk of unintended
consequences in terms of market distortion and air quality impacts,
as it is certain to encourage the repair of engines otherwise
considered beyond the end of their economic life, and require
a definition of the point a repaired or refurbished engine becomes
a replacement engine (which is not a question easily answered
in legislation).
· The Commission proposes to prohibit the
current practice of producing and approving engines meeting superseded
emissions standards for export to countries outside the EU where
these standards are still accepted, on the grounds that engines
manufactured to superseded emissions standards might be re-imported
to the European Union, and would then threaten the achievement
of air quality benefits. The Minister says that this enjoys support
from some other Member States, but that the UK believes the argument
to be both seriously flawed, and to ignore the interests of EU
manufacturers, who will rarely make an engine for sale only in
the EU, and will almost always expect to be able to sell it outside.
Prohibiting their export would simply encourage manufacturers
to ignore the EU approvals procedure, and to produce and approve
engines to the equivalent UNECE standards (which will inevitably
be recognised as valid by the currently proposed Regulation when
it is completed by the delegated and implementing acts): and since
such engines are equally likely to be reimported to the EU, prohibiting
the use of the EU approvals process would be an empty gesture.
It would at the same time ignore the interests of European manufacturers
(whose engines are regarded in some overseas markets as of generally
of high quality), particularly as the risk of engines being reimported
and passed-off as having been properly placed on the market in
the EU at some earlier time should be adequately dealt with by
the other elements of the proposal designed to make enforcement
easier.
3.13 The Minister says that the timetable for consideration
by the Council and European Parliament is not yet known, but that
the Commission is keen to secure adoption of a final text by the
end of 2015, in order to achieve the anticipated air quality benefits,
and provide industry with legislative certainty. In the meantime,
she says that the Government intends to conduct a public consultation
on the proposal, and that an Impact Assessment is under preparation.
Previous Committee Reports
None.
12 The definition of a railcar in the proposal encompasses
what in the UK is known as a Diesel Multiple Unit. Back
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