This affects land-based, non-road mobile machinery and equipment covered by EU Regulation 2016/1628. Examples include construction machinery, mobile generators, smaller garden and work equipment as well as rail vehicles.

Twenty-eighth Ordinance implementing the Federal Pollution Control Act (Ordinance implementing the EU Regulation on emission limits and type-approval for internal combustion engines for non-road mobile machinery and equipment – 28th BImSchV)

Since 2017, a new Regulation (EU) 2016/1628 has set the emission limits for the engines of mobile machinery and equipment. These include construction machinery, mobile generators, smaller garden and work equipment as well as rail vehicles and inland waterway vessels. The predecessor of the EU Regulation is Directive 97/68/EC, which was transposed into national law by the 28th BImSchV (old) (Ordinance on emission limit values for internal combustion engines). Because EU Regulation 2016/1628 is directly applicable, the 28th BImSchV (old) is now obsolete. However, EU Regulation 2016/1628 requires the adoption of national implementing legislation. In particular, Article 57 requires penalties for certain infringements of the EU Regulation. The new version of the 28th BImSchV is intended to enact the implementation provisions required under EU law and to rescind the old 28th BImSchV.