EN    EN EN EN    EN  EUROPEAN COMMISSION 
Brussels, 27.10.2010 
COM(2010) 607 final 
2010/0301 (COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL  
amending Directive 2000/25/EC as regards th e provisions for tractors placed on the 
market under the flexibility scheme 
(Text with EEA relevance) 
 
SEC(2010) 1252 
 SEC(2010) 1251 EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
Directive 2000/25/EC1 on action to be taken against the emission of gaseous and particulate 
pollutants by engines intended to power agricultural and fo restry tractors and amending 
Council Directive 74/150/ EEC (hereafter “the Di rective”) regulates the maximum exhaust 
emissions of carbon monoxide (CO), hydr ocarbons (HC), nitrogen oxides (NO x) and 
particulate matter (PM) from dies el engines installed in agricultu ral and forestry tractors. This 
Directive has been aligned with  the similar one for non-road mobile machinery (97/68/EC). 
The Directive foresees emissions limit stag es of increasing stringency with corresponding 
compliance dates. Manufacturers must ensure th at new engines comply with these limits in 
order that they can be placed on the market. 
On the basis of amending Directive 2004/26/EC2, Directive 2005/13/EC3 introduced the 
currently applicable stage of emission limits for the majority of diesel engines referred to as Stage III A. These limits will be replaced  by the more stringent Stage III B limits 
progressively as of 1
st January 2011 for new tr actors sold. From 1st January 2010 onwards the 
type approval period for these engines started. A great divers ity of tractors production is 
affected. 
To comply with Stage III B limits, current engi nes will need to be substantially modified. 
Changes to the configuration, size or weight of engines have a knock -on effect for tractor 
manufacturers who will have to adapt complete ly the design of their tractors in order to 
accommodate the modified engines. This proc ess can only start once the engine is fully 
developed. Technical solutions for complying III B engines are not in general yet finalised. 
Thus, tractor manufacturers are not  in a position to fully redesi gn the vehicle where the engine 
is to be installed. While for some of them, the Stage III B emissions requirements will not 
pose very significant problems, in other cases a Stage III B compliant en gine is far from being 
finalised and substantial further research and technological development is needed to ensure 
that tractors can be placed on the ma rket with III B compliant engines.  
Compliance costs for manufacturers to cope with the new emission limits are significant. 
These costs include for example research and development costs, equipment redesign costs, after treatment devices costs, docum entation and labelling costs, etc. 
From early 2009 onwards most of the EU ba sed industry producing tractors has been 
unexpectedly and severely hit by  the global financial and economi c crisis. In general, sudden 
falls in sales caused a large decrease in income  and available capital to finance the necessary 
technology research and development for tractors  with Stage III B compliant engines in all 
power categories and applications within the time limits in the Directive. 
Directives 2004/26/EC and 2005/13/EC also intr oduced the so-called flexibility scheme to 
facilitate the transition between the different emission stages. This allows the tractor manufacturer to place on the market, during the period of one stage of exhaust emissions limit 
                                                
 
1 OJ L173, 12.7.2000, p.1  
2 OJ L 225, 25.6.2004, p.3  
3 OJ L55, 1.3.2005, p.35  EN 3   EN values, a limited number of tractors which are f itted with engines that still comply with the 
exhaust emission limits of the previous stage. The flexibility scheme allows the tractor manufacturer to place on the market either (1) for each engine power category a limited 
number of tractors not exceeding 20% of the tractor manufacturer's  annual sales (calculated as 
the average sales in the EU of the latest 5 years)  or (2) a fixed number of tractors as stipulated 
in the Directive. This second option is inte nded for smaller enterprises producing lower 
volumes of engines. 
The attached proposal addresses the situation that manufacturers face difficulties to get Stage 
III B compliant engines approved and place them on the market due to delays in the design of 
new engines and the unexpected fina ncial crisis. It is proposed to modify the provisions of the 
flexibility scheme to mitigate the effects from  the transition of emission Stages III A to III B 
by extending its application while maintaining the entry into force of the exhaust emission limit Stage III B to preserve the objective of th e Directive to reduce em issions of gaseous and 
particulate pollutants in the European Union. 
2. RESULTS
 OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
Representatives of Member Stat es and industry stakeholders  have been consulted on the 
proposal through the Group of E xperts on Machinery Emissions under the Directive (GEME) 
and through the Working Group on Agricultu ral Tractors (WGAT). In addition the 
Commission carried out between May and June  2009 an in-depth consultation of Member 
States authorities and all relevant stakeholde rs, i.e. industry, environmental organisations, 
workers associations. The proposal takes into account a Technical Review of the Directive 
97/68/EC4 by the Joint Research Centre (JRC) which includes, inter alia, an evaluation of the 
need to amend the provisions of the flexibil ity scheme; an Impact Assessment study by an 
external consultant5 to assess the impacts of the proposed  policy options as laid down in the 
draft Technical Review of JRC, and a compleme ntary study on the impacts of the options of 
the Technical Review of JRC, including conse quences of an amendment of the flexibility 
scheme for SMEs. 
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
The aim of Directive 2000/25/EC, as well as this proposed amendment, is to contribute to the 
smooth functioning of the internal market for tractors while protecting human health and the 
environment. The legal basis is  thus Article 114 of the Treaty. 
The proposal foresees the following amendments to Directive 2000/25/EC: 
An increase of the percentage of the numbe r of engines placed on the market under the 
flexibility scheme in each engine category fr om 20% to 50% of the tractor manufacturer’s 
annual sales of equipment and an adaptation of the maximum number of engines that may be 
placed on the market under the flexibility scheme as an optional alternative, in the period 
                                                 
4 The draft final report of the Technical Review is ava ilable on the NRMM web page at the Europa website : 
http://ec.europa.eu/enterprise/mecha n_equipment/emissions/2007tecrew_dfr.pdf  
5 The final report of the IA study by ARCADIS N.V. is available on the NRMM web page at the Europa website: 
http://ec.europa.eu/enterprise/mechan_equipment/e missions/impactassessment/nrmm_iastudy_fnrep.pdf  EN 4   EN between emission Stage III A to emission Stage III B. This measure will expire on 31 
December 2013. 
4. BUDGETARY  IMPLICATION 
The proposal has no implication for the Community budget. 
5. OPTIONAL  ELEMENTS EN 5   EN 2010/0301 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL  
amending Directive 2000/25/EC as regards th e provisions for tractors placed on the 
market under the flexibility scheme 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the functioning of the European Union, and in particular 
Article 114 thereof, 
Having regard to the proposal from the European Commission6, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
7, 
Having regard to the opinion of  the Committee of the Regions8, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) Directive 2000/25/EC of the European Parliament and of  the Council of 22 May 2000 
on action to be taken agains t the emission of gaseous an d particulate pollutants by 
engines intended to power ag ricultural or forestry tractors and amending Council 
Directive 74/150/EEC
9 regulates exhaust emissions from engines installed in 
agricultural and forestry tractors. The curren t stage of emission limits applicable for 
type approval of the majority of compressi on ignition engines is referred to as Stage 
III A. The directive provides that those limits will be replaced by the more stringent Stage III B limits, entering into  force progressively as of 1
st January 2011 with regard 
to the placing on the market and from 1st January 2010 as regards the type approval for 
those engines. Stage IV, providi ng for limit values more stri ngent than stage III B, will 
enter into force prog ressively as of 1st January 2013 as regards the type approval for 
those engines and as of 1st January 2014 with regard to  the placing on the market.  
(2) The transition to Stage III B involves a step  change in technology requiring significant 
implementation costs for re-designing th e engines and for developing advanced 
technical solutions. This tran sition stipulated by the legi slator in 2005 co incides with 
the economic recession in the sector concerned which makes it difficult for the 
                                                 
6 OJ C […], […], p. […]. 
7 OJ C […], […], p. […]. 
8 OJ C […], […], p. […]. 
9 OJ L 173, 12.7.2000, p. 1.  EN 6   EN industry to bear the implementation costs neces sary in order to adapt to the new legal 
requirements.  
(3) Directive 2000/25/EC provides for a flexibil ity scheme to allow tractor manufacturers 
to purchase, in the period between two emission stages, a limited quantity of engines that do not comply with the current emission limit values, but are approved to the nearest previous stag e of emission limits.  
(4) Since 2005, Directive 2000/25/EC foresees in  Article 4(8) the evaluation of the 
possible need for additional flexibilities in relation to Stage III B and IV limit values. In order to provide a temporar y relief to industry when moving to the next stage, it is 
necessary to adapt the conditions fo r applying the flexibility scheme.  
(5) During the transition from Stage III A to Stag e III B, the percentage of the number of 
engines placed on the market under the flex ibility scheme should be increased from 
20% to 50% of the tractor manufacturer’s annua l sales of tractors wi th engines in that 
category. The optional alternative that a ma ximum number of engi nes may be placed 
on the market under the flexibility sc heme should be adapted accordingly.  
(6) Directive 2000/25/EC should therefore be amended accordingly.  
(7) The measures provided in this Directive reflect a temporary difficulty faced by the 
industry; as such, these measures shall be restricted to the transition from Stage III A 
to Stage III B and expire on 31 December 2013,  
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 2000/25/EC is he reby amended as follows: 
1. In Article 3a, the following subparagraph is added: "The flex ibility scheme, set 
out in sections 1.2., 1.2.1. and 1.2.2. of A nnex IV shall apply only for the 
transition from Stage III A to Stage III B and shall expire on 31 December 2013." 
2. Section 1 of Annex IV is replaced by the text in A nnex I to this Directive. 
Article 2  
 
Transposition 
1. Member States shall adopt and publish, by [twelve months after the publication of 
the Directive]  at the latest, the laws, regula tions and administ rative provisions 
necessary to comply with this Directive.  They shall forthwith communicate to the 
Commission the text of those provisions. 
They shall apply those provisions from [Day, Month, Year = following day of 
application date] . EN 7   EN When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
Article 4 
This Directive is addressed to the Member States. 
Done at […], […] 
For the European Parliament For the Council 
The President The President […] […] EN 8   EN ANNEX I  
Section 1 of Annex IV is re placed by the following:  
"1. ACTIONS BY THE ENGINE AND TRACTOR MANUFACTURERS  
1.1. With the exception of the transition period betw een Stage III A and Stage III B, a tractor 
manufacturer who wishes to make use of the fl exibility scheme shall request permission from 
his approval authority to place or to source from  his engine suppliers, in the period between 
two emissions stages, th e quantities of engines described in sections 1.1.1. and 1.1.2. that do 
not comply with the current emission limit valu es, but are approved to the nearest previous 
stage of emission limits. 
1.1.1.  The number of engines placed on the market under a flexibility scheme shall, in each engine 
category, not exceed 20 % of the tractor manufacture r’s annual sales of tractors with engines 
in that engine category (calculated as the av erage of the last 5 years sales on the Union 
market). Where a tractor manufacturer has marketed  tractors in the Union for a period of less 
than five years the average will be calculated based on the actual period for which the tractor 
manufacturer has marketed tractors in the Union. 
1.1.2.  As an alternative option to se ction 1.1.1., the tractor manufacturer  may seek permission for his 
engine suppliers to place on the market a fi xed number of engines under the flexibility 
scheme. The number of engines in each engine category shall not exceed the following values:  
Engine Category 
(kW) Number of Engines 
19-37 200 
37-75 150 
75-130 100 
130-560 50 
1.2. During the transition period between Stage III A and Stage III B, a tractor manufacturer who 
wishes to make use of the flexibility scheme, shall request permission from his approval 
authority to place or to  source from his engine suppliers, in the period between two emissions 
stages, the quantities of engines described in  sections 1.2.1. and 1.2.2. that do not comply with 
the current emission limit values, but are approve d to the nearest previ ous stage of emission 
limits. 
1.2.1.  The number of engines placed on the market under a flexibility scheme shall, in each engine 
category, not exceed 50 % of the tractor manufacture r’s annual sales of tractors with engines 
in that engine category (calculated as the av erage of the last 5 years sales on the Union 
market). Where a tractor manufacturer has marketed  tractors in the Union for a period of less 
than five years the average will be calculated based on the actual period for which the tractor 
manufacturer has marketed tractors in the Union. EN 9   EN 1.2.2.  As an alternative option to s ection 1.2.1, the tractor manufacturer may seek permission for his 
engine suppliers to place on the market a fi xed number of engines under the flexibility 
scheme. The number of engines in each engine category shall not exceed the following values:  
Engine Category 
(kW) Number of Engines 
37-56 200 
56-75 175 
75-130 250 
130-560 125 
1.3. The tractor manufacturer shall in clude in his application to an approval authority the following 
information: 
(a) a sample of the labels to be affixed to each  tractor in which an engine placed on the market 
under the flexibility scheme w ill be installed. The labels sh all bear the following text: 
‘TRACTOR NO … (sequence of tr actors) OF … (total number of tractors in respective 
power band) WITH ENGINE NO. … WITH TYPE APPROVAL (Directive 
2000/25/EC) NO …’; and 
(b) a sample of the supplementary label to be a ffixed on the engine beari ng the text referred to 
in section 2.2 of this Annex. 
1.4. The tractor manufacturer shall provide the approval authority with any information connected 
with the implementation of the flexibility sc heme that the approval authority may request 
necessary to make a decision. 
1.5. The tractor manufacturer shall file a report ev ery six months to the approval authorities of 
each Member State, where the tractor or engine is put on the market, on the implementation of the flexibility schemes he is using. The report shall include cumulative data on the number of 
engines and tractors placed on the market under the flexibility  scheme, engine and tractor 
serial numbers, and the Member States where the tractor has been entered into service. This 
procedure shall be continued as long as a flexibility scheme is still in progress.” EN 10   EN LEGISLATIVE FINANCIAL STATEMENT FO R PROPOSALS HAVING A BUDGETARY 
IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE  
1. NAME  OF THE  PROPOSAL: 
Proposal for a Directive of the European Parl iament and of the Council amending Directive 
2000/25/EC as regards the provisions for tractors  placed on the market under the flexibility 
scheme  
2. BUDGET  LINES: 
Chapter and Article: Not applicable 
Amount budgeted for the year concerned: 
3. FINANCIAL  IMPACT   
⌧ Proposal has no financial implications 
4. ANTI-FRAUD  MEASURES 
Not applicable 
5. OTHER  REMARKS 
None