# The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) and Tractor etc (EC Type-Approval)            (Amendment) Regulations 2013 (revoked)         

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U.K.

Statutory Instruments

# 2013 No. 3171

Environmental Protection

Road Traffic

# The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) and Tractor etc (EC Type-Approval) (Amendment) Regulations 2013                     

Made

12th December 2013

Laid before Parliament

19th December 2013

Coming into force

28th January 2014

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of                           the European Communities Act 1972 F1 (“the 1972 Act”).                        

The Secretary of State is designated for the purposes of section 2(2) of the 1972 Act in relation to the environment F2 and for the regulation of the type, description, construction or equipment of vehicles, and of components of vehicles, and                           in particular any vehicle type-approval scheme F3.                        

F11972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 c.51, **section 27(1)**, and by the European Union (Amendment) Act 2008 c.7, **section 3(3)** and Part 1 of the Schedule.

F2S.I. 2008/301.

F3S.I. 1972/1811.

## Citation and commencementU.K.

1.  These Regulations may be cited as the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) and                     Tractor etc (EC Type-Approval) (Amendment) Regulations 2013 and come into force on 28th January 2014.                  

## Amendment of the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002U.K.

2.  The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002 F4 (“the 2002 Regulations”) are amended as follows.                  

F4S.I. 2002/1891, amended by S.I. 2006/2393.

## InterpretationU.K.

3.  In regulation 2—                  

(1) For the definition of “Council Directive 97/68/EC” substitute—                  

““Council Directive 97/68/EC” means Directive 97/68/ECF5 of the European Parliament and of the Council of 16th 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, as amended by such EU instruments as are in force on the day the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants)                           and Tractor etc (EC Type-Approval) (Amendment) Regulations 2013 are made;”.                     

(2) For the definition of “Council Directive 2000/25/EC” substitute—                  

““Council Directive 2000/25/EC” means Directive 2000/25/ECF6 of the European Parliament and of the Council of 22nd May 2000 on action to be taken against the emission of gaseous and                           particulate pollutants by engines intended to power agricultural or forestry tractors and amending Council Directive 74/150/EEC, as amended by such EU instruments as are in force on the day the Agricultural or Forestry Tractors (Emission of Gaseous                           and Particulate Pollutants) and Tractor etc (EC Type-Approval) (Amendment) Regulations 2013 are made;”.                     

(3) For the definition of “Council Directive 2003/37/EC” substitute—                  

““Council Directive 2003/37/EC” means Directive 2003/37/ECF7 of the European Parliament and of the Council of 26th May 2003 on type-approval of agricultural or forestry tractors, their                           trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing                           Directive 74/150/EEC, as amended by such EU instruments as are in force on the day the Agricultural or Forestry Tractors (Emission of Gaseous                           and Particulate Pollutants) and Tractor etc (EC Type-Approval) (Amendment) Regulations 2013 are made;”.                     

(4) After the definition of “engine power output” insert—

““entry into service” means the first use in the United Kingdom or another member State, for its intended purpose, of a tractor or engine and                           the date on which it is registered, if applicable, or placed on the market, shall be considered the date of entry into service,                           where “registered” means, in relation to a tractor that is registered in the United Kingdom, registered in accordance with Part II of the Vehicle                           Excise and Registration Act 1994 F8;”.                     

(5) In the definition of “flexibility scheme”, for paragraph (a), substitute—

“(a)a scheme, in accordance with Article 3a and Annex IV of Council Directive 2000/25/EC, for the placing on the market of tractor engines or tractors which has been approved by the UK type approval authority under the provisions of Schedule 3 and which consists of the exemption procedure permitting the placing                           on the market and entry into service of a limited number of such engines, or tractors fitted with engines, approved in accordance                           with the requirements of the emission limits stage immediately preceding the one which would otherwise be applicable, or”.                  

(6) In the definition of “stage”, at the end add “ and a stage is numbered, as the case may be, I to IV, as set out in Article 9(4) and (4a) of Council Directive 97/68/EC ”.                  

(7) At the end of the definition of “tractor engine”, add “and “engine” is to be construed accordingly”.                  

F5OJ No L 59, 27.2.1998, p.1, amended by Commission Directive 2001/63/EC of 17 August 2001 (OJ No L 227, 23.8.2001, p.41), Directive                              2002/88/EC of the European Parliament and of the Council of 9 December 2002 (OJ No L 35, 11.2.2003, p.28), Directive 2004/26/EC                              of the European Parliament and of the Council of 21 April 2004 (OJ No L 146, 30.4.2004, p.1), Council Directive 2006/105/EC                              of 20 November 2006 (OJ No L 363, 20.12.2006, p.368), Regulation (EC) No 596/2009 of the European Parliament and of the Council                              of 18 June 2009 (OJ No L 188, 18.7.2009, p.14), Commission Directive 2010/26/EU of 31 March 2010 (OJ No L 86, 1.4.2010, p.29)                              and Directive 2011/88/EU of the European Parliament and of the Council of 16 November 2011 (OJ No L 305, 23.11.2011, p.1).

F6OJ No L 173, 12.7.2000, p.1, amended by Commission Directive 2005/13/EC of 21 February 2005 (OJ No L 55, 1.3.2005, p.35),                              Council Directive 2006/96/EC of 20 November 2006 (OJ No L 363, 20.12.2006, p.81), Commission Directive 2010/22/EU of 15 March                              2010 (OJ No L 91, 10.4.2010, p.1), Directive 2011/72/EU of the European Parliament and of the Council of 14 September 2011                              (OJ No L 246, 23.9.2011, p.1) and Directive 2011/87/EU of the European Parliament and of the Council of 16 November 2011 (OJ                              No L 301, 18.11.2011, p.1).

F7OJ No L 171, 9.7.2003, p.1, amended by Council Directive 2004/66/EC of 26 April 2004 (OJ No L 168, 1.5.2004, p.35), Commission                              Directive 2005/13/EC of 21 February 2005 (OJ No L 55, 1.3.2005, p.35), Commission Directive 2005/67/EC of 18 October 2005                              (OJ No L 273, 19.10.2005, p.17), Council Directive 2006/96/EC of 20 November 2006 (OJ No L 363, 20.12.2006, p.81), Regulation                              (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 (OJ No L 311, 21.11.2008, p.1), Commission                              Directive 2010/22/EU of 15 March 2010 (OJ No L 91, 10.4.2010, p.1) and Commission Directive 2010/62/EU of 8 September 2010                              (OJ No l 238, 9.9.2010, p.7).

F81994 c.22.

## Amendment of regulation 4 of the 2002 RegulationsU.K.

4.  In regulation 4 (prohibition on entering engines or tractors into service), for paragraph (3) substitute—                  

“(3)No person shall enter into service for the first time on or after the relevant date any agricultural or forestry tractor fitted                        with a relevant engine unless either—                  

(a)the engine complies with the limit values for the category to which it would have belonged if it had been manufactured and                           entered into service on the day the tractor was entered into service for the first time; or                  

(b)the conditions in paragraph (3A) apply.                  

(3A)the conditions are that the engine—                  

(a)is of category L, M, N, P, Q or R;                  

(b)is fitted into an agricultural or forestry tractor of category T2, T4.1 or C2, as defined respectively in—                  

(i)the second indent of point A.1 of Chapter A,                  

(ii)point 1.1 of Part I of Appendix 1 to Chapter B, and                  

(iii)point A.2 of Chapter A,                  

of Annex II to Council Directive 2003/37/EC; and                  

(c)complies, on initial entry into service, with the limit values of stage IIIA until, as the case may be, the end of—                  

(i)31st December 2013 in relation to engines of category L,                  

(ii)30th September 2014 in relation to engines of category M or N,                  

(iii)31st December 2015 in relation to engines of category P,                  

(iv)31st December 2016 in relation to engines of category Q, or                  

(v)30th September 2017 in relation to engines of category R.                  

(3B)Where the conditions in paragraph (3A) apply, the dates shown in column 2 and 3 of the second entry in each case in relation                        to a category of engine mentioned in paragraph (3A)(a) and listed in column 4 of Table 1 in Schedule 1, must be read as if                        modified in accordance with paragraph (3A)(c) by—                  

(a)in the case of an engine of category L, M or R, substituting for the second date shown in each column the date mentioned in                           that paragraph for that category of engine, or                  

(b)in the case of an engine of category P, Q or R, for the word “onwards” substituting “to” followed by the date mentioned in                           that paragraph for that category of engine.”                  

## ReviewU.K.

5.  After regulation 6, add—                  

### “Duty to review Regulations

7.—(1)The Secretary of State shall from time to time—                  

(a)carry out a review of these Regulations;                  

(b)set out the conclusions of the review in a report, and                  

(c)publish the report.                  

(2)In carrying out the review the Secretary of State shall, so far as is reasonable, have regard to how Council Directive 2000/25/EC (which is implemented in the United Kingdom by these Regulations) is implemented in other member States.                  

(3)The report shall in particular—                  

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;                  

(b)assess the extent to which those objectives are achieved; and                  

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that                           imposes less regulation.                  

(4)The first report under this regulation shall be published before the end of the period of five years beginning with the day                        on which the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) and Tractor etc (EC Type-Approval)                        (Amendment) Regulations 2013 come into force.                  

(5)Reports under these Regulations are afterwards to be published at intervals not exceeding five years.”.                  

## Amendment of Schedule 1 to the 2002 RegulationsU.K.

6.  In Schedule 1, for Table 1 (categories of engine and relevant dates), substitute the following table—                  

### “Table 1

*Categories of Engine, Relevant Dates and Stages*                     

## Amendment of Schedule 3 to the 2002 RegulationsU.K.

7.  In paragraph 5 (number of engines that may be placed on the market under a flexibility scheme) of Schedule 3—                  

(a)for sub-paragraph (2), substitute—                  

“(2)Unless sub-paragraph (3) applies, the maximum number is—                  

(a)during Stage III B, but for a period no longer than 3 years from the beginning of that stage in respect of the engine category                           concerned, 40 per cent, or                  

(b)during any period of time other than that specified in sub-paragraph (2)(a), 20 per cent                  

of the average of relevant annual sales calculated in accordance with sub-paragraph (2A).                  

(2A)The average of relevant annual sales is to be calculated as—                  

(a)if, at the time when the application under paragraph 3 is made, the tractor manufacturer has been marketing tractors with                           engines of the relevant category in the territory of the member States for a period of less than 5 years, the arithmetic mean                           of the tractor manufacturer's relevant annual sales over the period in which such marketing has taken place; or                  

(b)in any other case, the arithmetic mean of the relevant annual sales over the 5 years preceding the application made under                           paragraph 3.”.                  

(b)for sub-paragraph (3), substitute—                  

“(3)If the request has been approved under paragraph 3(2)(c) the maximum number, in relation to engines with a power output (measured                        in kilowatts) within the range specified in column 1 of the Table, is—                  

(a)the number specified in column 2 in relation to the period specified in sub-paragraph (2)(a), or                  

(b)the number specified in column 3 in relation to the period specified in sub-paragraph (2)(b).”.                  

(c)in the first line of sub-paragraph (4), after “relevant” insert “ annual ”.                  

(d)For the Table (alternative fixed number of engines that may be placed on the market under a flexibility scheme), substitute                        the following table—                  

### “Table

*Alternative fixed number of engines that may be placed on the market under a flexibility scheme*                     

## Amendment of the Tractor etc (EC Type-Approval) Regulations 2005U.K.

8.—(1) The Tractor etc (EC Type-Approval) Regulations 2005 F9 are amended as follows.                  

(2) In regulation 2(1), in the definitions of “separate directive” and “the Tractor Type Approval Directive F10”, for “the Tractor etc (EC Type-Approval) (Amendment) Regulations 2011”, substitute in each case “ the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) and Tractor etc (EC Type-Approval)                        (Amendment) Regulations 2013 ”.                  

F9S.I. 2005/390, as amended by S.I. 2006/2533, **S.I**. 2008/1980, S.I. 2011/1043 and S.I. 2011/1279.

F10Council Directive 2003/37/EC - see footnote **(c)**in relation to regulation 3(3).

Signed by authority of the Secretary of State for Transport

Baroness Kramer

 Minister of State

 Department for Transport

12th December 2013

## Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations                        2002 (S.I. 2002/1891) (“the 2002 Regulations”) and the Tractor etc (EC Type-Approval) Regulations 2005 (S.I. 2005/390) (“the 2005 Regulations”).                     

The Regulations transpose the changes to articles 1 and 3a and Annex IV of Directive 2000/25/EC of the European Parliament and of the Council of 22nd May 2000 on action to be taken against the emission of gaseous and                        particulate pollutants by engines intended to power agricultural or forestry tractors and amending Council Directive 74/150/EEC (“Council Directive 2000/25/EC”) made by Directive 2011/72/EU of the European Parliament and of the Council of 14th September 2011 (OJ No L 246, 23.9.2011, p.1) (“Council Directive 2011/72/EU”).                     

The Regulations also transpose the changes to article 4 of Council Directive 2000/25/EC made by Directive 2011/87/EU of the European Parliament and of the Council of 16th November 2011 (OJ No L 301, 18.11.2011,                        p.1) (“Council Directive 2011/87/EU”).                     

*Regulation 3*amends regulation 2 of the 2002 Regulations to update references to Council Directives 97/68/EC, 2000/25/EC and 2003/37/EC, inserts a definition of “entry into service” and makes amendments to the definitions of “flexibility scheme”, “stage” and                        “tractor engine”.                     

*Regulation 4* amends regulation 4 of the 2002 Regulations to give effect to changes to the flexibility scheme brought about by Council                        Directive 2011/72/EU in relation to tractor engines and tractors and the application of emission stages to narrow-track tractors                        brought about by Council Directive 2011/87/EU. These changes have the effect of allowing additional flexibility to manufacturers                        to make use of stage IIIA engines in circumstances where compliance with stage IIIB or IV would otherwise have been required                        and also have the effect of postponing that requirement for 3 years in relation to narrow-track tractors, as provided in Council                        Directive 2011/87/EU.                     

*Regulation 5*requires the Secretary of State to review the operation and effect of the 2002 Regulations and publish a report within five                        years after these amending Regulations come into force and within every five years after that. Following a review it will                        fall to the Secretary of State to consider whether the 2002 Regulations should remain as they are, or be revoked or be amended.                        A further instrument would be needed to revoke the Regulations or to amend them.                     

*Regulation 6*amends Schedule 1 to the 2002 Regulations by substituting a new Table 1 which now shows the appropriate stage for each category                        of engine.                     

*Regulation 7*makes amendments to Schedule 3 (UK Flexibility Schemes) to give effect to the changes brought about by Council Directive 2011/72/EU                        with regard to the operation of flexibility schemes in the UK, in particular as a consequence of the substitution by that                        directive of a revised Annex IV to Council Directive 2000/25/EC.                     

*Regulation 8*amends the 2005 Regulations to update the definitions of “separate directive” and “the Tractor Type Approval Directive” (Council                        Directive 2003/37/EC). The purpose of doing so is to ensure that amendments in relation to type-approval made to Council Directive 2000/25/EC by Council Directive 2011/87/EU, to Council Directive 86/297/EEC by Council Directive 2012/24/EU, and to Council Directive 2009/144/EC by Council Directive 2013/8/EU, are all transposed in the United Kingdom.                     

The Department has taken the opportunity to amend the 2002 and 2005 Regulations by means of a single instrument as a matter                        of convenience to the reader and to avoid the need for two separate instruments to be purchased.                     

Full impact assessments of the effect that this instrument will have, in relation respectively to Directive 2011/72/EU and                        Directive 2011/87/EU, on the costs of business and the voluntary sector are available from the Department for Transport, 33                        Horseferry Road, London, SW1P 4DR, telephone number 020 7944 2116 and are also published with the explanatory memorandum alongside                        the instrument on the UK legislation website, www.legislation.gov.uk. No impact assessment has been produced for the changes                        to the 2005 Regulations because they represent small reductions in regulatory burden which impose no costs upon industry.                     

A copy of the Directives referred to in this Explanatory Note may be viewed in the Official Journal of the European Union                        via the EUR-Lex website at http://eur-lex.europa.eu.