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 COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2000/25/EC of the European Parliament and of the Council of 22 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 (1), and in particular Articles 6 and 7 thereof,
Having regard to Directive 2003/37/EC of the European Parliament and of the Council of 26 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 Council Directive 74/150/EEC (2), and in particular Article 19(1)(a) thereof,
Whereas:
(1)
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 no-road mobile machinery (3) as amended by Directive 2004/26/EC sets out more stringent emission requirements for engines installed in non-road mobile machinery, and introduces three new stages for emission limits.
(2)
Directive 2000/25/EC, which is one of the separate Directives in the framework of the type approval procedure under 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), should be aligned with Directive 97/68/EC as amended by Directive 2004/26/EC, in particular as regards the introduction of the flexibility scheme provided for in the latter.
(3)
Annexes I and II to Directive 2000/25/EC need to be adapted, notably to take account of the introduction by Directive 97/68/EC as amended by Directive 2004/26/EC of new emission limits for combined emission of hydrocarbons and oxides of nitrogen. Other changes should be introduced in those annexes to ensure consistency between the provisions on information documents laid down in Directives 2000/25/EC, 97/68/EC and 2003/37/EC. In addition, Annex III to Directive 2000/25/EC needs to be adapted in order to add the alternative type-approvals to be recognised for the new stages III A, III B and IV.
(4)
It is also necessary to adapt Annex I to Directive 2003/37/EC in order to ensure consistency between the provisions on information documents laid down in Directives 2000/25/EC, 97/68/EC and 2003/37/EC. In particular, discrepancies in terminology should be eliminated in the interests of clarity.
(5)
Directives 2000/25/EC and 2003/37/EC should therefore be amended accordingly.
(6)
The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 20(1) of Directive 2003/37/EC,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 2000/25/EC is amended as follows:
1.
In Article 1, the following indent is added:
‘-
“replacement engine” means a newly built engine which replaces an engine in a machine and which has been supplied for this purpose only;’
2.
In Article 3, the following paragraph is added:
‘3. 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;’
3.
The following Article 3a is inserted:
‘Article 3a
Flexibility Scheme
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.’;
4.
Article 4 is amended as follows:
(a)
In paragraph 2, the following points (c), (d) and (e) are added:
‘(c)
in stage III A
-
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
-
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
-
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).’;
(b)
in paragraph 3, the following indents are added:
‘-
after 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.’;
(c)
paragraph 5 is replaced by the following:
‘5. 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.’;
(d)
the following paragraphs 6, 7 and 8 are added:
‘6. 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.’;
5.
Annexes I, II and III are amended in accordance with Annex I to this Directive.
6.
Annex IV, the text of which is set out in Annex II to this Directive, is added.
Article 2
Annex I to Directive 2003/37/EC is amended in accordance with Annex III to this Directive.
Article 3
1. Member States shall adopt and publish, by 31 December 2005 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 January 2006.
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 determine how such reference is to be made.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 4
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 21 February 2005.