Legal provisions of COM(2020)233 - Amendment of Regulation (EU) 2016/1628 as regards its transitional provisions in order to address the impact of COVID-19 crisis

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Article 1

Article 58 of Regulation (EU) 2016/1628 is amended as follows:

(1)paragraph 5 is amended as follows:

(a)the second subparagraph is replaced by the following:

‘For engines of sub-categories of category NRE for which the date set out in Annex III for the placing on the market of Stage V engines is 1 January 2020, Member States shall authorise the extension of the transition period and of the 18-month period referred to in the first subparagraph by an additional 12 months for OEMs with a total yearly production of less than 100 units of non-road mobile machinery equipped with internal combustion engines. For the purposes of the calculation of that total yearly production, all OEMs under the control of the same natural or legal person shall be considered to be a single OEM.’;

(b)the third subparagraph is replaced by the following:

‘For engines of sub-categories of category NRE for which the date set out in Annex III for the placing on the market of Stage V engines is 1 January 2020, used in mobile cranes, the transition period and the 18-month period referred to in the first subparagraph shall be extended by 12 months.’;

(c)the following subparagraph is added:

‘For engines of all sub-categories for which the date set out in Annex III for the placing on the market of Stage V engines is 1 January 2019, except for the engines referred to in the fourth subparagraph, the transition period and the 18-month period referred to in the first subparagraph shall be extended by 12 months.’;

(2)in paragraph 7, the following point is added:

‘(d)36 months from the applicable date for the placing on the market of engines set out in Annex III, in the case set out in the fifth subparagraph of paragraph 5.’.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States.