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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) To ensure the proper functioning of the internal market, Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors(4) and the 22 specific Directives adopted between 1974 and 1989 harmonised the technical specifications in this field.
(2) In order to further safeguard the environment, it is necessary to supplement the measures already adopted by Council Directive 77/537/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in wheeled agricultural or forestry tractors(5) (opacity of exhaust gases) with other measures relating, in particular, to physicochemical emissions. By referring to the provisions of Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery(6), this Directive lays down the limit values for emissions of gaseous and particulate pollutants to be applied in successive stages, and the test procedure for internal combustion engines intended to power agricultural or forestry tractors. Compliance with the provisions of Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles(7), can also be accepted as compliance with the requirements of this Directive.
(3) In order to facilitate access to third-country markets, it is necessary to establish equivalence between the requirements of this Directive for the first stage and the requirements laid down in United Nations Economic Commission for Europe (UN/ECE) Regulation No 96 concerning the component type-approval of compression ignition engines intended to be fitted to agricultural or forestry tractors in terms of their pollutant emissions.
(4) In order to maximise the benefits for the European environment and, at the same time, to ensure the unity of the market, it is necessary to adopt very strict mandatory standards at regular intervals. Any further reduction in the limit values and any changes to the test procedure can be adopted only on the basis of studies and research to be conducted into existing and foreseeable technological potential and into the cost effectiveness thereof, in order to allow production on an industrial scale of agricultural or forestry tractors that are capable of meeting these more stringent limits.
(5) Technical progress requires rapid adaptation of the technical requirements set out in the Annexes to this Directive. The Commission is committed to aligning without delay the limit values and dates in this Directive to future changes in Directive 97/68/EC. In every case where the European Parliament and the Council empower the Commission to implement the rules drawn up for agricultural or forestry tractors, a prior consultation procedure involving the Commission and the Member States meeting in committee should be introduced.
(6) The requirements of this Directive supplement those of Directive 77/537/EEC, which is referred to in Item 2.8.1 of Annex II to Directive 74/150/EEC; Directive 74/150/EEC thus needs to be amended in order to add a new Item 2.8.2 in Annex II covering the topic dealt with by this Directive in conjunction with the reference SD (Specific Directive).
(7) The objective of reducing the level of pollutant emissions from agricultural or forestry tractors and the smooth functioning of the internal market for such vehicles cannot be sufficiently achieved by individual Member States and can therefore be better achieved by the approximation of the laws of the Member States relating to measures to be taken against air pollution by such vehicles. The measures contained in this Directive do not go beyond what is necessary to achieve the objectives of the Treaty,
HAVE ADOPTED THIS DIRECTIVE:
For the purposes of this Directive:
‘agricultural or forestry tractor’ (hereinafter referred to as ‘tractor’)means any vehicle as defined in Article 1(1) of Directive 74/150/EEC,
‘engine’means any internal combustion engine intended to power tractors as defined in Annex I,
‘type-approval of an engine type or family as a separate technical unit with respect to pollutant emissions’means the instrument whereby a Member State certifies that an engine type or family intended to power tractors meets the technical requirements of this Directive,
‘type-approval of a tractor type in respect of pollutant emissions’means the instrument whereby a Member State certifies that a tractor type equipped with an engine meets the technical requirements of this Directive,
‘family of engines’means two or more types of engine that are similar in design and which, therefore, could display characteristics that are comparable in terms of pollutant emissions[F1,]
[F2‘ replacement engine ’ means a newly built engine which replaces an engine in a machine and which has been supplied for this purpose only.]
Textual Amendments
F1 Substituted by Commission Directive 2005/13/EC of 21 February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural or forestry tractors (Text with EEA relevance).
F2 Inserted by Commission Directive 2005/13/EC of 21 February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural or forestry tractors (Text with EEA relevance).
The procedure for granting type-approval for an engine type or family in respect of pollutant emissions, the procedure for granting type-approval for tractors with respect to pollutant emissions, and the conditions of the unrestricted placing on the market of such engines and tractors, are as laid down in Directive 74/150/EEC.
1.Subject to Article 5, any engine type or family must meet the requirements of Annex I.
2.Any tractor type must meet the requirements of Annex II. In this respect type-approvals for engine type or families which have been approved in accordance with Annex I or the provisions mentioned in Annex III shall be recognised.
[F23. Replacement engines shall comply with the limit values that the engine to be replaced had to meet when originally placed on the market.
The text ‘ REPLACEMENT ENGINE ’ shall be attached to a label on the engine or inserted into the owner’s manual.]
Textual Amendments
F2 Inserted by Commission Directive 2005/13/EC of 21 February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural or forestry tractors (Text with EEA relevance).
By way of derogation from Article 3(1) and (2), Member States shall provide that, at the request of the tractor manufacturer, and subject to permission being granted by the approval authority, the engine manufacturer may, during the period between two successive limit value stages, place on the market a limited number of engines that comply only with the emission limit value stage immediately preceding the currently applicable stage, or tractors with such engines, provided that he complies with the procedure set out in Annex IV.]
Textual Amendments
F2 Inserted by Commission Directive 2005/13/EC of 21 February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural or forestry tractors (Text with EEA relevance).
1.Member States may not after 30 September 2000:
refuse to grant EC type-approval or national type-approval in respect of an engine type or family, or
prohibit the sale, entry into service or use of a new engine, or
refuse to grant EC type-approval or national type-approval of tractor types, or
prohibit the use, the sale, the initial entry into service of tractor types,
on grounds relating to air pollution if the pollutants emitted by those engines or the engines fitted to those tractors meet the requirements of this Directive.
2.Member States may no longer grant EC type-approval or national type-approval for a type or family of engines or a tractor type where the pollutants emitted by the engine do not meet the requirements of this Directive:
(a)in stage I
(a)after 31 December 2000 for engines of categories B and C (power range as defined in Article 9(2) of Directive 97/68/EC);
(b)in stage II
(b)after 31 December 2000 for engines of categories D and E (power range as defined in Article 9(3) of Directive 97/68/EC),
after 31 December 2001 for engines of category F (power range as defined in Article 9(3) of Directive 97/68/EC),
after 31 December 2002 for engines of category G (power range as defined in Article 9(3) of Directive 97/68/EC)[F1;]
[F2(c) in stage III A
[F2(c) after 31 December 2005 for engines of categories H, I and K (power range as defined in Article 9(3a) of Directive 97/68/EC),
after 31 December 2006 for engines of category J (power range as defined in Article 9(3a) of Directive 97/68/EC);
(d) in stage III B
(d) after 31 December 2009 for engines of category L (power range as defined in Article 9(3c) of Directive 97/68/EC),
after 31 December 2010 for engines of categories M and N (power range as defined in Article 9(3c) of Directive 97/68/EC),
after 31 December 2011 for engines of category P (power range as defined in Article 9(3c) of Directive 97/68/EC);
(e) in stage IV
(e) after 31 December 2012 for engines of category Q (power range as defined in Article 9(3d) of Directive 97/68/EC),
after 30 September 2013 for engines of category R (power range as defined in Article 9(3d) of Directive 97/68/EC).]
3.Member States shall prohibit the initial entry into service of engines and tractors where the pollutants emitted by the engines do not meet the requirements of the Directive:
after 30 June 2001 for engines of categories A, B, and C,
after 31 December 2001 for engines of categories D and E,
after 31 December 2002 for engines of category F,
after 31 December 2003 for engines of category G[F1,]
[F2after 31 December 2005 for engines of category H,
after 31 December 2006 for engines of categories I,
after 31 December 2006 for engines of categories K,
after 31 December 2007 for engines of category J,
after 31 December 2010 for engines of category L,
after 31 December 2011 for engines of categories M
after 31 December 2011 for engines of categories N,
after 31 December 2012 for engines of category P,
after 31 December 2013 for engines of category Q,
after 30 September 2014 for engines of category R.]
However, for tractors fitted with category E or F engines, the above dates shall be postponed for six months.
4.The requirements of paragraph 3 do not apply to engines intended to be installed in tractor types for export to third countries and the replacement of engines for tractors in service.
[F15. For engines of categories A to G Member States may postpone the dates laid down in paragraph 3 for two years with respect to engines with a production date prior to the said date. They may grant other exceptions under the conditions laid down in Article 10 of Directive 97/68/EC.]
[F26. For engines of categories H to R, the dates laid down in paragraph 3 shall be postponed for two years with respect to engines with a production date prior to the said date.
7. For engine types or engine families meeting the limit values set out in the table in section 4.1.2.4, 4.1.2.5 and 4.1.2.6 of Annex I to Directive 97/68/EC before the dates laid down in paragraph 3 of this Article, Member States shall allow special labelling and marking to show that the equipment concerned meets the required limit values before the dates laid down.
8. In accordance with the procedure referred to in Article 20(2) of Directive 2003/37/EC, the Commission shall align the limit values and dates of stages IIIB and IV with the limit values and dates decided following the revision procedure provided for in Article 2(b) of Directive 2004/26/EC, with a view to the needs of agricultural or forestry tractors and, in particular, tractors of categories T2, T4.1 and C2.]
Textual Amendments
F1 Substituted by Commission Directive 2005/13/EC of 21 February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural or forestry tractors (Text with EEA relevance).
F2 Inserted by Commission Directive 2005/13/EC of 21 February 2005 amending Directive 2000/25/EC of the European Parliament and of the Council concerning the emission of gaseous and particulate pollutants by engines intended to power agricultural or forestry tractors, and amending Annex I to Directive 2003/37/EC of the European Parliament and of the Council concerning the type-approval of agricultural or forestry tractors (Text with EEA relevance).
The authorities of Member States granting EC type-approval for a type or family of engines shall recognise the type-approvals granted in accordance with the provisions of Annex III and the corresponding type-approval marks as being in conformity with this Directive.
As soon as the provisions referred to in Article 19 of Directive 97/68/EC are adopted by the European Parliament and the Council, the Commission shall, in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC, without delay align the limit values and dates contained in this Directive with those adopted following the decisions taken pursuant to the abovementioned Article 19.
Any amendments needed in order to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.
In Annex II to Directive 74/150/EEC the following item 2.8.2 shall be inserted: ‘2.8.2. Emission of gaseous and particulate pollutants by engines: SD’.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 29 September 2000. They shall forthwith inform the Commission thereof.
They shall apply these provisions from 31 December 2000.
When Member States adopt these measures, they shall contain a reference to this Directive, or be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Directive is addressed to the Member States.
Unless otherwise defined by this Directive, the appropriate definitions, symbols and abbreviations contained in Directive 97/68/EC are applicable.
‘type of tractor engine in terms of pollutants emitted’ means compression-ignition engines which display no essential differences with regard to the characteristics defined in Appendix 1 to Annex I,
‘pollutants emitted’ means gaseous pollutants (carbon monoxide, hydrocarbons, and nitrogen oxides) and polluting particulates.
The provisions of Directive 97/68/EC, Annex I, Section 4 and Annexes III, IV are V are applicable.
An EC type-approval certificate conforming to the specimen provided in Appendix 2 to this Annex shall be issued.
The engine shall be marked in accordance with the requirements of Appendix 3 to this Annex. The identification number must comply with the provisions of Appendices 4 and 5 to this Annex.
Without prejudice to the requirements of Article 8 of Directive 74/150/EEC, conformity of production shall be checked in accordance with the provisions of Section 5 of Annex I to Directive 97/68/EC.
Notice of the approval, extension, refusal or withdrawal of approval or of production definitely discontinued in relation to an engine type pursuant to Annex I or a tractor type pursuant to Annex II must be communicated to the Member States in accordance with Article 5(1) of Directive 74/150/EEC.
The engine family may be defined by basic design parameters which must be common to all engines within the family. In some cases there may be interaction of parameters. These effects must also be taken into consideration in order to ensure that only engines with similar exhaust-emission characteristics are included within an engine family.
For engines to be considered to belong to the same engine family, the following list of basic parameters must be common.
engines to be within a total spread of 15 %
number of cylinders for engines with after-treatment device
pre-chamber
swirl chamber
open chamber
cylinder head
cylinder wall
crankcase
pump-line-injector
in-line pump
distributor pump
single element
unit injector
These marks must be located so as to be readily visible to the average person once the engine has been fitted to the tractor, together with all the accessories needed for engine operation. If a bonnet is to be removed in order to make the mark visible, this requirement shall be considered to have been met if removal of that bonnet is simple and does not require the use of a tool.
In case of doubt concerning the meeting of this requirement, it shall be considered to have been met if an additional mark containing at least the engine identification number and the name, trade name or logo of the manufacturer has been added.
That additional mark shall be affixed to, or next to, a major component that would not normally have to be replaced during the service life of the engine, and be easily accessible, without the assistance of tools, during routine maintenance operations; otherwise, it must be located at a distance from the original mark on the engine crankcase. The original mark and, where appropriate, the additional mark shall both be clearly visible once all of the accessories needed for the operation of the engine have been fitted. A bonnet meeting the requirements set out in the above paragraph shall be authorised. The additional mark shall be affixed in a durable manner preferably directly to the topside of the engine, for example by means of an engraving, or a sticker or plate that meets the requirements of Item 2.
Section 1 | A lower-case letter ‘e’ followed by the distinguishing number of the Member State which has granted the type-approval:
|
[F5Section 2 | The number of the base Directive followed by a letter A for stage I, letter B for stage II, letter C for stage IIIA, letter D for stage IIIB and letter E for stage IV] |
Section 3 | The number of the latest amending Directive applicable to the approval. If a Directive contains different implementation dates referring to different technical standards, an alphabetical character shall be added in order to specify the standard in accordance with which the approval was granted |
Section 4 | A four-digit sequential number (with leading zeros as applicable) to denote the base approval number. The sequence shall start from 0001 for each base Directive |
Section 5 | A two-digit sequential number (with leading zeros as applicable) to denote the extension. The sequence shall start from 00 for each approval number |
Textual Amendments
F3 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.
F4 Inserted by Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania.
F5 Substituted by Commission Directive 2010/22/EU of 15 March 2010 amending, for the purposes of their adaptation to technical progress, Council Directives 80/720/EEC, 86/298/EEC, 86/415/EEC and 87/402/EEC and Directives 2000/25/EC and 2003/37/EC of the European Parliament and of the Council relating to the type-approval of agricultural or forestry tractors (Text with EEA relevance).
e2*NN/NN(9) A*00/00*0003*00
e11*NN/NN(10) B*00/00*0004*02
Unless otherwise defined by this Directive, the appropriate definitions, symbols and abbreviations contained in Directive 97/68/EC are applicable.
‘Type of tractor in terms of the pollutants emitted’ means tractors which display no essential differences with regard to the characteristics as defined in Appendix 1 to this Annex,
‘Pollutants emitted’ means gaseous pollutants (carbon monoxide, hydrocarbons, and nitrogen oxides) and polluting particulates.
The provisions of Directive 97/68/EC, Annex I, Section 4, Annexes III, IV and V are applicable.
The engine installation on the vehicle shall comply with the following characteristics in respect to the type-approval of the engine:
Any tractor type fitted with an engine which has been issued with a certificate of approval in accordance with Annex I or the provisions mentioned in Annex III shall be issued with a type-approval certificate in accordance with Appendix 2 to this Annex.
The engine shall be marked in accordance with the requirements of Appendix 3 to Annex I. The EC type-approval identification number must meet the requirements of Appendices 4 and 5 to Annex I.
Without prejudice to the requirements of Article 8 of Directive 74/150/EEC, conformity of production shall be checked in accordance with the provisions of Section 5 of Annex I to Directive 97/68/EC.
The information set out below shall be supplied in triplicate and be accompanied by a list of enclosures. Any drawings needed shall be supplied to an appropriate scale and with sufficient details in A4 format or in a folder of this format. Photographs shall, where needed, show sufficient detail
Certificates of type-approvals according to Directive 97/68/EC, stage III A for engines of categories H, I, J and K.
certificates of type-approvals according to Directive 97/68/EC, stage III B for engines of categories L, M, N and P.
certificates of type-approvals according to Directive 97/68/EC, stage IV for engines of categories Q and R.]
Engine Category | Number of Engines |
---|---|
19-37 kW | 200 |
37-75 kW | 150 |
75-130 kW | 100 |
130-560 kW | 50 |
a sample of the labels to be affixed to each tractor in which an engine placed on the market under the flexibility scheme will be installed. The labels shall bear the following text: ‘ TRACTOR NO … (sequence of tractors) OF … (total number of tractors in respective power band) WITH ENGINE NO. … WITH TYPE APPROVAL (Directive 2000/25/EC) NO … ’ ; and
a sample of the supplementary label to be affixed on the engine bearing the text referred to in section 2.2 of this Annex.
The approval authority shall evaluate the content of the flexibility scheme request and the enclosed documents. As a consequence it will inform the tractor manufacturer of its decision as to whether or not to allow use of the flexibility scheme.]
Opinion of the European Parliament of 5 May 1999 (OJ C 279, 1.10.1999, p. 209), Council Common Position of 22 November 1999 (OJ C 17, 20.1.2000, p. 13) and Decision of the European Parliament of 12 April 2000 (not yet published in to Official Journal).
OJ L 84, 28.3.1974, p. 10. Directive as last amended by Directive 97/54/EC (OJ L 277, 10.10.1997, p. 24).
OJ L 220, 29.8.1977, p. 38. Directive as last amended by Directive 97/54/EC.
OJ L 36, 9.2.1988, p. 33. Directive as last amended by Directive 96/1/EC (OJ L 40, 17.2.1996, p. 1).
Delete where inappropriate.
NN/NN = the number of these Directives.
NN/NN = the number of these Directives.