{
  "url": "https://openlegislation.uk/eu-regulation-2018-989/annex-XIV",
  "json_url": "https://openlegislation.uk/eu-regulation-2018-989/annex-XIV.json",
  "legislation": "eur/2018/989",
  "legislation_title": "Commission Delegated Regulation (EU) 2018/989 of 18 May 2018 amending and correcting Delegated Regulation (EU) 2017/654 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 (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2018-989",
  "path": "annex/XIV",
  "kind": "annex",
  "number": "XIV",
  "heading": null,
  "text": "Annex IV to Delegated Regulation (EU) 2017/654 is corrected as follows:\n(1) point 2.3.1 is replaced by the following:\n‘2.3.1.\nAn auxiliary emission control strategy may be activated by an engine or a non-road mobile machinery, provided that the auxiliary emission control strategy:’;\n(2) Appendix 1 is corrected as follows:\n(a) point 2.3.1 is replaced by the following:\n‘2.3.1.\nIt is permitted to use a heated or a non-heated reagent tank and dosing system. A heated system shall meet the requirements of points 2.3.2.2 to 2.3.2.2.4. A non-heated system shall meet the requirements of point 2.3.2.3.’;\n(b) point 2.3.2.2 is replaced by the following:\n‘2.3.2.2.\nDesign criteria for a heated system\nA heated system shall be so designed that it meets the performance requirements set out in points 2.3.2 to 2.3.2.2.4 when tested using the procedure defined.’;\n(c) point 3.1 is replaced by the following:\n‘3.1.\nThe OEM shall provide to all end-users of new non-road mobile machinery written instructions about the emission control system and its correct operation in accordance with Annex XV.’;\n(d) point 7.1.1.1 is replaced by the following:\n‘7.1.1.1.\nThe value of CDmin specified by the manufacturer shall be used during the demonstration set out in section 13 and recorded in Part C of the information document specified in Annex I to Implementing Regulation (EU) 2017/656.’;\n(e) points 9 to 9.2.3.2 are replaced by the following:\n‘9.\nOther failures that may be attributed to tampering\n9.1.\nIn addition to the level of reagent in the reagent tank, the reagent quality, and the interruption of dosing, the following failures shall be monitored because they may be attributed to tampering:\n(a) failures of the NOx Control Diagnostic (NCD) system as described in point 9.2.1;\n(b) failures of the exhaust gas recirculation (EGR) valve as described in point 9.2.2.\n9.2.\nMonitoring requirements and counters\n9.2.1.\nNCD system\n9.2.1.1.\nThe NOx Control Diagnostic (NCD) system shall be monitored for electrical failures and for removal or deactivation of any sensor that prevents it from diagnosing any other failures set out in sections 6 to 8 (component monitoring).\nA non-exhaustive list of sensors that affect the diagnostic capability are those directly measuring NOx concentration, urea quality sensors, ambient sensors and sensors used for monitoring reagent dosing activity, reagent level, or reagent consumption.\n9.2.1.2.\nA counter shall be attributed to each of the monitoring failures. The NCD system counters shall count the number of engine operating hours when the DTC associated to a malfunction of the NCD system is confirmed to be active. Different NCD system failures may be grouped into a single counter.\n9.2.1.2.1.\nThe manufacturer may group the NCD system failure together with one or more of the systems listed in sections 7, 8 and point 9.2.2 into a single counter.\n9.2.1.3.\nDetails of the NCD system counter(s) activation and deactivation criteria and mechanisms are described in section 11.\n9.2.2.\nImpeded EGR valve\n9.2.2.1.\nThe exhaust gas recirculation (EGR) system shall be monitored for an impeded EGR valve.\n9.2.2.2.\nA counter shall be attributed to an impeded EGR valve. The EGR valve counter shall count the number of engine operating hours when the DTC associated to an impeded EGR valve is confirmed to be active.\n9.2.2.2.1.\nThe manufacturer may group the impeded EGR valve failure together with one or more of the systems listed in sections 7, 8 and point 9.2.1 into a single counter.\n9.2.2.3.\nDetails of the EGR valve counter activation and deactivation criteria and mechanisms are described in section 11.’;\n(f) point 10.2.1. is replaced by the following:\n‘10.2.1.\nThe demonstration that the monitoring systems for other members of the NCD engine family are similar may be performed by presenting to the approval authorities such elements as algorithms, functional analyses, etc.’;\n(g) point 10.2.3. is replaced by the following:\n‘10.2.3.\nIn the case where engines of an engine family belong to an NCD engine family that has already been EU type-approved, as referred to in point 10.2.1 (Figure 4.3), the compliance of that engine family is deemed to be demonstrated without further testing, provided the manufacturer demonstrates to the authority that the monitoring systems necessary for complying with the requirements of this Appendix are similar within the considered engine and NCD engine families.\nTable 4.1\nIllustration of the content of the demonstration process in accordance with the provisions in points 10.3 and 10.4\nMechanism\ndemonstration elements\nWarning system activation specified in point 10.3\n2 activation tests (incl. lack of reagent)\nSupplementary demonstration elements, as appropriate\nLow-level inducement activation specified in point 10.4.\n2 activation tests (incl. lack of reagent)\nSupplementary demonstration elements, as appropriate\n1 torque reduction test\nSevere inducement activation specified in point 10.4\n2 activation tests (incl. lack of reagent)\nSupplementary demonstration elements, as appropriate\n’;\n(h) point 10.3.3.5.2 is replaced by the following:\n‘10.3.3.5.2.\nThe demonstration of the warning system activation is deemed to be accomplished if, at the end of each demonstration test performed in accordance with point 10.3.3, the warning system has been properly activated and the DTC for the selected failure has got the “confirmed and active” status.’;\n(i) points 10.4.2 and 10.4.3 are replaced by the following:\n10.4.2. ‘The test sequence shall demonstrate the activation of the inducement system in case of the failure selected by the approval authority from the list as referred to in point 10.3.2.1 for the test of the warning system.\n10.4.3. For the purpose of this demonstration,\n(a) the manufacturer shall, in agreement with the approval authority, be permitted to accelerate the test by simulating the achievement of a certain number of operating hours,\n(b) the achievement of the torque reduction required for low-level inducement may be demonstrated at the same time as the general engine performance approval process performed in accordance with this Regulation. A separate torque measurement during the inducement system demonstration is not required in this case,\n(c) the low-level inducement, if applicable, shall be demonstrated in accordance with the requirements of point 10.4.5,\n(d) the severe inducement shall be demonstrated in accordance with the requirements of point 10.4.6.’;\n(j) point 13.3 is replaced by the following:\n‘13.3.\nThe pollutant emissions resulting from this test shall not exceed the NOx threshold specified in point 7.1.1.’;\n(3) Appendix 4 is corrected as follows:\n(a) point 2.3.2.3 is replaced by the following:\n‘2.3.2.3.\nIn cases where more than the period of running time indicated in Table 4.5 is required for the monitors to accurately detect and confirm a PCM (e.g. monitors using statistical models or with respect to fluid consumption on the non-road mobile machinery), the approval authority may permit a longer period for monitoring provided the manufacturer justifies the need for the longer period (for example by technical rationale, experimental results, in-house experience, etc.).’.;\n(b) point 6.1 is replaced by the following:\n‘6.1.\nThe PCD system shall detect the complete removal of the particulate after-treatment system inclusive of the removal of any sensors used to monitor, activate, de-activate or modulate its operation.’.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2018/989/annex/XIV",
    "retrieved_at": "2026-11-01T14:44:02.434888+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}