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
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:
Article 1
Definitions
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.
Article 2
Type-approval procedure
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.
Article 3
Obligations
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.
Article 4
Timetable
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
- 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
- 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).
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.
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.
5. Member States may postpone the dates mentioned 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.
Article 5
Recognition of equivalence and conformity
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.
Article 6
Further reduction in emission limit values
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.
Article 7
Technical adaptations
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.
Article 8
Amendment 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".
Article 9
Transposition into national law
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.
Article 10
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 11
Adressees
This Directive is addressed to the Member States.
Done at Brussels, 22 May 2000.