Considerations on COM(2022)113 - Amendment of Regulation (EU) 2016/1628 as regards the extension of the empowerment of the Commission to adopt delegated acts

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table>(1)Regulation (EU) 2016/1628 of the European Parliament and of the Council (3) 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 certain detailed technical specifications in delegated acts. Article 55(2) of that Regulation conferred that power on the Commission for a limited period of five years. That period expired on 6 October 2021. There is a need to update some of those delegated acts to take account of technical progress and to introduce other amendments in accordance with the empowerment, including in relation to a delegated act that lays down requirements concerning in-service monitoring for internal combustion engines installed in non-road mobile machinery. It should also be possible to adopt new delegated acts in accordance with the empowerment. Therefore, the empowerment of the Commission to adopt delegated acts should be extended and provision should be made for the possibility of further extensions.
(2)Regulation (EU) 2016/1628 should therefore be amended accordingly.

(3)Since the objective of this Regulation cannot be sufficiently achieved by the Member States, but can rather, by reason of its effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,