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)
Date: 2005-02-21
Institutions: European Commission
Subjects: air quality, approval, engine, motor vehicle, pollution control measures, technical regulations, tractor

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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,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Directive 2000/25/EC of
the European
Parliament and of the Council of 22 May 2000 on action to
the emission of gaseous and particulate
be taken against
intended to power agricultural or
pollutants by engines
forestry
Directive
74/150/EEC (1), and in particular Articles 6 and 7 thereof,

amending

Council

tractors

and

the European
Having regard to Directive 2003/37/EC of
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:

(4)

(5)

(6)

(1)

(2)

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
emission
out more
requirements for engines installed in non-road mobile
machinery,
for
emission limits.

three new stages

introduces

stringent

and

sets

in the framework of

the separate
Directive 2000/25/EC, which is one of
Directives
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
Directive
amended
in particular as regards the introduction
2004/26/EC,
of the flexibility scheme provided for in the latter.

97/68/EC

by

as

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 hydro-
carbons and oxides of nitrogen. Other changes should be
introduced in those annexes
to ensure consistency
between the provisions on information documents laid
97/68/EC and
down
to Directive
2003/37/EC.
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.

In addition, Annex

in Directives

2000/25/EC,

III

is also necessary to adapt Annex I

It
to Directive
2003/37/EC in order to ensure consistency between the
laid down in
provisions on information documents
In
Directives 2000/25/EC, 97/68/EC and 2003/37/EC.
should be
particular, discrepancies
eliminated in the interests of clarity.

in terminology

Directives 2000/25/EC and 2003/37/EC should therefore
be amended accordingly.

The measures provided for
in this Directive are in
accordance with the opinion of the Committee estab-
lished 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:

(1) OJ L 173, 12.7.2000, p. 1. Directive as amended by the Act of

Accession of 2003.

(2) OJ L 171, 9.7.2003, p. 1. Directive as amended by Council Directive

2004/66/EC (OJ L 168, 1.5.2004, p. 35).

(3) OJ L 59, 27.2.1998, p. 1. Directive as last amended by Directive

2004/26/EC (OJ L 146, 30.4.2004, p. 1).

(4) OJ L 84, 28.3.1974, p. 10. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

Replacement engines

‘3.
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;’

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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 manu-
facturer, 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:

— 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,

(a)

In paragraph 2, the following points (c), (d) and (e) are
added:

— after 31 December 2011 for engines of categories M,

‘(c) in stage III A

— after 31 December 2011 for engines of categories N,

— 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
range as defined in Article 9(3a) of

(power
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 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.

For engine types or engine families meeting the
7.
in the table in section 4.1.2.4,
limit values set out
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.

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In accordance with the procedure referred to in
8.
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
in Article 2(b) of
revision procedure provided for
Directive 2004/26/EC, with a view to the needs of agri-
cultural 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

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.

Annex I to Directive 2003/37/EC is amended in accordance
with Annex III to this Directive.

Article 5

This Directive is addressed to the Member States.

Article 3

the latest,

1. Member States shall adopt and publish, by 31 December
the laws, regulations and administrative
2005 at
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.

Done at Brussels, 21 February 2005.

For the Commission

Günter VERHEUGEN
Vice-President

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ANNEX I

Annexes I, II and III to Directive 2000/25/EC are amended as follows:

1. Annex I is amended as follows:

(a) Appendix 1 is replaced by the following:

‘Appendix 1

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(b) in Appendix 2, section II, subsection 2.4 is replaced by the following:

‘2.4. Test results

Measured in accordance with the requirements of Directive 97/68/EC

CO
(g/kWh)

HC
(g/kWh)

NOx
(g/kWh)

HC + NOx
(g/kWh)

Particulates
(g/kWh)’

2. Annex II is amended as follows:

(a) Appendix 1 is amended as follows:

(i)

section 2, subsections 2.1.17 and 2.1.18 are replaced by the following:

‘2.1.17. Intake system: maximum allowable intake depression at

rated engine speed and at 100 %

load:

................................. kPa

2.1.18. Exhaust system: maximum permissible exhaust back pressure at rated engine speed and at 100 %

load:

................................. kPa’;

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(ii) the following is added:

‘2.6.

Porting configuration

2.6.1. Position, size and number’;

(b) in Appendix 2, section 2, subsection 2.2.4, is replaced by the following:

‘2.2.4. Test results

Measured in accordance with the requirements of Directive 97/68/EC

CO
(g/kWh)

HC
(g/kWh)

NOx
(g/kWh)

HC + NOx
(g/kWh)

Particulates
(g/kWh)’

3. Annex III is replaced by the following:

‘ANNEX III

RECOGNITION OF ALTERNATIVE TYPE-APPROVALS

1.

For stage I the following certificates of type-approvals are recognised to be equivalent for engines of categories A,
B and C as defined in Directive 97/68/EC:

1.1. certificates of type-approvals according to Directive 97/68/EC;

1.2. certificates of type-approvals according to Directive 88/77/EEC, complying with the requirements of stage A or B
regarding Article 2 and Annex I, Section 6.2.1 of Directive 88/77/EEC as amended by Directive 91/542/EEC, or
UN-ECE Regulation 49.02 series of amendments corrigenda I/2;

1.3. certificates of type-approvals according to UN-ECE Regulation 96.

2.

For stage II the following certificates of type-approvals are recognised to be equivalent:

2.1. certificates of type-approvals according to Directive 97/68/EC, stage II for engines of categories D, E, F and G;

2.2. type-approvals to Directive 88/77/EEC as amended by Directive 99/96/EC which are in compliance with stages A,

B1, B2 or C provided for in Article 2 and section 6.2.1 of Annex I;

2.3. UN-ECE Regulation 49.03 series of amendments;

2.4. UN-ECE Regulation 96 stage B approvals according to paragraph 5.2.1 of the 01 series of amendments of

Regulation 96.

3.

For stage III A the following certificates of type-approvals are recognised to be equivalent:

Certificates of type-approvals according to Directive 97/68/EC, stage III A for engines of categories H, I, J and K.

4.

For stage III B the following certificates of type-approvals are recognised to be equivalent:

certificates of type-approvals according to Directive 97/68/EC, stage III B for engines of categories L, M , N and P.

5.

For stage IV the following certificates of type-approvals are recognised to be equivalent:

certificates of type-approvals according to Directive 97/68/EC, stage IV for engines of categories Q and R.’

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The following Annex IV is added to Directive 2000/25/EC:

ANNEX II

‘ANNEX IV

PROVISIONS FOR TRACTORS AND ENGINES PLACED ON THE MARKET UNDER THE FLEXIBILITY
SCHEME LAID DOWN IN ARTICLE 3A

1. ACTIONS BY THE ENGINE AND THE TRACTOR MANUFACTURERS

1.1. 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 section 1.2 and 1.3 that do not comply with the current emission limit values, but are
approved to the nearest previous stage of emission limits.

1.2. The number of engines placed on the market under a flexibility scheme shall, in each engine category, not exceed
20 % of the tractor manufacturer’s annual sales of tractors with engines in that engine category (calculated as the
average of the latest 5 years sales on the EU market). In the case that a tractor manufacturer has marketed tractors in
the EU for a period of less than five years the average will be calculated based on the period for which the tractor
manufacturer has marketed tractors in the EU.

1.3. As an alternative option to section 1.2, the tractor manufacturer may seek permission for his engine suppliers to
place on the market a fixed number of engines under the flexibility scheme. The number of engines in each engine
category shall not exceed the following values:

Engine Category

19-37 kW

37-75 kW

75-130 kW

130-560 kW

Number of Engines

200

150

100

50

1.4. The tractor manufacturer shall include 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 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

(b) a sample of the supplementary label to be affixed on the engine bearing the text referred to in section 2.2 of this

Annex.

1.5. The tractor manufacturer shall provide the approval authority with any information connected with the implemen-

tation of the flexibility scheme that the approval authority may request necessary to make a decision.

1.6. The tractor manufacturer shall file a report every 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.

2. ACTIONS BY THE ENGINE MANUFACTURER

2.1. An engine manufacturer may supply engines to a tractor manufacturer under a flexibility scheme covered by an

approval in accordance with section 1 of this annex.

2.2. The engine manufacturer must put a label on those engines with the following text: “Engine placed on the market

under the flexibility scheme”.

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3. ACTIONS BY THE APPROVAL AUTHORITY

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.’

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In Annex I to Directive 2003/37/EC, Model A, section 3 ‘Engine’, is replaced by the following:

ANNEX III

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