Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2000/25/EC as regards the application of emission stages to narrow-track tractors
Date: 2011-01-13
Institutions: European Commission
Subjects: air quality, approximation of laws, motor vehicle, pollution control measures, technical regulations, tractor

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EUROPEAN COMMISSION  

Brussels, 13.1.2011 
COM(2011) 1 final 

2011/0002 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

amending Directive 2000/25/EC as regards the application of emission stages to narrow-
track tractors 

(Text with EEA relevance) 
SEC(2011) 44 final 
SEC(2011) 43 final 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This  proposal  provides  for  an  amendment  to  European  Parliament  and  Council 
Directive 2000/25/EC 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. 1 

The  objective  of  Directive  2000/25/EC  is  to  guarantee  the  free  movement  of 
agricultural and forestry tractors whilst reducing permissible exhaust emission levels 
of  engines  in  order  to  protect  the  health  and  well-being  of  citizens  as  well  as  the 
environment.  

The Directive defines successive stages reducing the exhaust emission limits largely 
coherent with 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 2. 

Following the definition of further reductions of the limits of gaseous and particulate 
polluting  emissions  from  internal  combustion  engines  to  be  installed  in  non-road 
mobile  machinery  adopted  with  Directive  2004/26/EC  of  the  European  Parliament 
and  the  Council3,  Directive  2000/25/EC  was  amended  by  Commission  Directive 
2005/13/EC of 21 February 2005 4. 

The  new  limits  of  gaseous  and  particulate  polluting  emissions  were  defined  to 
provide reductions in excess of 90% of the previously regulated values, with a view 
to have secondary exhaust after treatment systems for both PM and NOX adopted on 
the vast majority of the engines and machines covered by the respective directives by 
the time the most advanced stage becomes compulsory. 

In  view  of  those  challenges  and  given  the  uncertainties  about  the  actual  technical 
feasibility  of  those  goals,  Directive  2004/26/EC  provided  for  the  Commission  to 
conduct  a  technical  review,  in  particular  to  “consider  the  available  technology, 
including the cost/benefits, with a view to confirming Stage III B and IV limit values 
and  evaluating  the  possible  need  for  additional  flexibilities,  exemptions  or  later 
introduction dates for certain types of equipment or engines and taking into account 
engines installed in non-road mobile machinery used in seasonal applications” 5. 

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OJ L 173, 12.7.2000, p. 1. 
OJ L 69, 27.2.98, p. 1. 
OJ L 146, 30.4.2006, p.1. 
OJ L 55, 1.3.2005, p. 35. 
OJ L 146, 30.4.2004, article 2. 

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Directive 2000/25/EC, as amended, in Article 4 (8) established a link to the technical 
review provided for in Directive 2004/26/EC in order to investigate the issues related 
to agricultural tractors and in particular those in categories T2, T4.1 and C2 (the so-
called narrow-track tractors, maximum width less than 1,15 m). 

The  results  of  the  technical  evaluation  confirmed  the  feasibility  of  the  challenging 
limits set by the co-legislators in the vast majority of engines intended for installation 
on  non-road  machinery  and  on  agricultural  tractors.  However,  for  the  agricultural 
tractors  in  categories  T2,  T4.1  and  C2  an  amendment  of  the  requirements  was 
deemed necessary. 

•  General context 

In  order  to  fulfil  the  obligations  set  by  Article  2  of  Directive  2004/26/EC  and  by 
Article 4(8) of Directive 2000/25/EC, EC - DG ENTR awarded a contract to DG JRC 
to investigate all the aspects requested by those Directives. 

For the issue of agricultural tractors, DG JRC assessed the situation of categories T2, 
T4.1  and  C2  with  literature  research,  and  direct  evaluation  of  the  vehicles  visiting 
five  manufacturers  of  different  sizes  and  employing  different  technologies,  one  of 
them  can  be  classified  as  a  SME.  Their  production  covers  the  vast  majority  of 
narrow-track tractors placed on the European market. 

The  tractors  covered  by  the  research  emerged  as  typical  European  products 
developed to meet the requirements of specialised agriculture in southern European 
(specifically  Mediterranean)  agriculture.  The  overwhelming  majority  of  these 
tractors is sold in the EU. 

The  results  of  this  analysis  were  presented  during  successive  GEME  meetings 
starting from June 2006 and confirmed in the draft final Report issued in December 
2007 and published on the CIRCA website.  

Contrary to other issues where multiple options were indicated, the only conclusion 
of DG JRC was that the tractors in categories T2, T4.1 and C2 should be exempted 
from  stages  IIIB  and  IV  of  Directive  2000/25/EC.  This  conclusion  received  the 
support of some Member States and no negative reaction. 

These findings by JRC were confirmed in an Impact Assessment study performed by 
Arcadis in 2008-2009 under contract for EC - DG ENTR. The Arcadis study clearly 
indicated  the  advantage  for  environment  of  the  proposed  postponement:  without  it 
users would not be in a position to buy up-to-date tractors of Stage IIIA and would 
continue  using  (very)  old  machines  (‘stage  0’  level).  In  addition  Arcadis  shows 
negative impacts of economic and social nature if the proposal were not adopted. 

•  Existing provisions in the area of the proposal 

The following two directives are relevant in this respect:  

- 
European Parliament and Council Directive 97/68/EC of 16 December 1997 on 
the approximation of the laws of the Member States relating to measures against the 

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emission  of  gaseous  and  particulate  pollutants  from  internal  combustion  engines  to 
be installed in non-road mobile machinery, as amended. 

- 
European  Parliament  and  Council  Directive  2000/25/EC  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, as amended. 

•  Consistency with other policies and objectives of the Union 

Directive 97/68/EC is based on the Community programme of policy and action in 
relation to the environment and sustainable development.6 

Directive  2000/25/EC  represents  the  transposition  to  the  agricultural  tractors  sector 
of the same goals and policy. 

This  proposal  is  consistent  with  the  current  Community  environmental  policy  and 
objectives  as  detailed  in  the  Sixth  Environmental  Action  Programme  (COM(2001) 
31  final)  7,  which  lists  improvement  of  the  air  quality  as  a  priority  objective  to  be 
attained, inter alia, by enforcing product-specific exhaust emission limits. The Sixth 
Environmental  Action  Programme  defines  a  policy  making  method  based  on 
participation and sound knowledge, according to which: 

“Broad involvement of stakeholders will be central to the successful implementation 
of  the  Sixth  Programme,  and  in  every  stage  of  the  policy  process  from  agreeing 
targets to putting measures into practice. Sound scientific knowledge and economic 
assessments, reliable and up to-date data and information and the use of indicators 
will  underpin  the  drawing-up,  implementation  and  evaluation  of  environmental 
policy” 

The proposed delay is fully aligned with this method of policy making: it covers the 
Stage  IIIB  and  IV  limits  laid  down  in  the  Directive  2000/25/EC  for  tractors  of 
categories  T2,  T4.1  and  C2  insofar  as  these  have  been  found  to  be  technically 
impossible to meet by all stakeholders and the DG JRC independent study. 

2. 

RESULTS  OF  CONSULTATIONS  WITH 
ASSESSMENT 

INTERESTED  PARTIES  AND 

IMPACT 

•  Consultation of interested parties 

Member States and stakeholders have been presented the issue and the results of the 
DG  JRC  investigation  during  various  meetings  of  the  Experts  Group  on  Non-road 
mobile machinery engines. Among other meetings, on 21 November 2008 Member 
States  have  been  consulted  during  a  meeting  of  the  Committee  for  Adaptation  to 
Technical Progress - agricultural tractors. Support was expressed by Austria, Finland, 
Germany,  Greece,  Italy,  Spain,  Sweden  and  the  United  Kingdom;  no  negative 

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Resolution of the Council and the representatives of the Governments of the Member States, meeting 
within the Council of 1 February 1993 (OJ C 138, 17.5.1993, p. 1). 
OJ C 154E , 29.5.2001, p. 218. 

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positions  were  recorded.  In  addition,  a  meeting  with  industry  representatives  took 
place on 2 September 2010 in order to review the latest technological developments. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

Exhaust emissions from NRMM engines and agricultural tractors. 

Main organisations/experts consulted 

DG  JRC;  Experts  Group  on  exhaust  emissions  from  NRMM  engines  and  working 
group on agricultural tractors. 

Means used to make the expert advice publicly available 

Publication on CIRCA website of the JRC and Arcadis reports on technical review of 
NRMM engines exhaust emission legislation. Communication at the meetings of the 
Commission experts group on emissions from Non Road Mobile Machinery engines 
(GEME) and of the working group and Committee on agricultural tractors. 

•  Impact assessment 

The  Commission  undertook  a  formal  impact  assessment  in  2010,  based  on  the 
previously mentioned technical studies and taking into account recent technological 
developments. The conclusion was that technical solutions are likely to be feasible, 
although not in the timeframe set in current legislation. A delay of 3 years for Stage 
IIIB and Stage IV requirements was assessed as the preferred option. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

It  is  proposed  that  the  dates  given  in  Article  4  of  Directive  2000/25/EC  for  type 
approval and initial entry into service of Stages IIIB and IV shall be delayed by three 
years for tractors of categories T2, C2 and T4.1 as defined in Directive 2003/37/EC. 

•  Legal basis 

This proposal is based on Article 114 of the Treaty. 

•  Subsidiarity principle 

The objectives of the proposed action, namely, to ensure the ongoing functioning of 
the  internal  market  by  requiring  agricultural  tractors  to  comply  with  harmonised 
environmental exhaust provisions, cannot be sufficiently achieved by Member States 
acting alone and can therefore, by reason of their scale and effects, be better achieved 
at Union level. 

This proposal therefore complies with the subsidiarity principle as set out in Article 5 
of the Treaty. 

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•  Proportionality principle 

The  proposed  amendment  does  not  go  beyond  what  is  necessary  to  achieve  the 
objectives set out above. 

Independent experts and stakeholders concur that the stage IIIB and IV limits for the 
agricultural  tractor  types  covered  by  the  proposed  amendment  are  not  technically 
feasible. Severe disruption to the internal market and to the agricultural sectors using 
those  tractors  in  the  Union  would  thus  result  if  the  entry  into  force  of  the  relevant 
stage IIIB and IV limits were not delayed.  

Even  though  strong  technical  arguments  have  been  made  by  industry  for  the 
complete  exemption  of  these  tractors,  they  have  not  been  included.  The  proposal 
therefore describes the absolute essential amendments considered necessary to ensure 
an  appropriate  balance  of  burdens  on  industry  alongside  ensuring  that  the 
environmental objectives, wherever possible, have been met. 

This  proposal  therefore  complies  with  the  proportionality  principle  as  set  out  in 
Article 5 of the Treaty. 

•  Choice of instruments 

Proposed instruments: directive. 

Other  means  would  not  be  adequate  for  the  following  reason:  amendment  to  an 
existing Directive. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

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2011/0002 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

amending Directive 2000/25/EC as regards the application of emission stages for 
narrow-track tractors 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL 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 Commission8, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee9, 

Having regard to the opinion of the Committee of the Regions10 

Acting in accordance with the ordinary 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  against  the  emission  of  gaseous  and  particulate  pollutants  by 
engines  intended  to  power  agricultural  or  forestry  tractors  and  amending  Council 
Directive  74/150/EEC11  regulates  exhaust  emissions  from  engines  installed  in 
agricultural and forestry tractors. The stage of emission limits currently applicable for 
type approval of the majority of compression ignition engines is referred to as Stage 
IIIA.  The  Directive  provides  that  those  limits  will  be  replaced  by  the  more  stringent 
Stage IIIB limits, entering into force progressively as of 1st January 2010 as regards 
the type approval and as of 1st January 2011 with regard to the placing on the market 
of those engines. 

(2) 

Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 
amending  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 

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OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 173, 12.7.2000, p. 1 

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combustion  engines  to  be  installed  in  non-road  mobile  machinery12,  provides  in 
Article  2  (b)  that  the  Commission  shall  consider  the  available  technology,  including 
the  cost-benefit,  with  a  view  to  confirming  stage  IIIB  and  IV  limit  values  and 
evaluating  the  possible  need  for  additional  flexibilities,  exemptions  or  later 
introduction  dates  for  certain  types  of  equipment  or  engines  and  taking  into  account 
engines  installed  in  non-road  mobile  machinery  used  in  seasonal  applications.  In 
Article 4 (8), Directive 2000/25/EC provides for a review clause in order to take into 
account the specificities of tractors of categories T2, T4.1 and C.2. 

Directive  97/68/EC  was  the  subject  of  several  technical  studies.  As  a  result  of  these 
technical  studies  carried  out  in  2007,  2009  and  2010  and  confirmed  by  the  impact 
assessment carried out by the Commission, it was established that it is not technically 
feasible  for  tractors  classified  within  the  categories  T2,  C2  and  T4.1  to  meet  the 
requirements of stages IIIB and IV already at the dates foreseen in the Directive.  

In  order  to  prevent  Union  legislation  from  prescribing  technical  requirements  which 
cannot be met yet and in order to prevent that tractors of categories T2, C2 and T4.1. 
can  no  longer  be  type-approved  and  placed  on  the  market  or  put  into  service,  it  is 
therefore  necessary  to  provide  for  a  transitional  period  of  three  years,  within  which 
tractors classified in categories T2, C2 and T4.1 may still be type-approved and placed 
on the market or put into service. 

(3) 

(4) 

(5) 

Directive 2000/25/EC should therefore be amended accordingly. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

In Article 4 of Directive 2000/25/EC, the following paragraph is added:  

"9.  By  way  of  derogation  from  points  (d)  and (e) of paragraph 2  and from  paragraph 3, for 
tractors  of  categories  T2,  C2  and  T4.1,  as  defined  in  Annex  II,  Chapter  A,  point  A.1  and 
Annex  II,  Chapter  B,  Appendix  1,  Part  I,  point  1.1  of  Directive  2003/37/EC  and  equipped 
with engines of categories L to R, the dates set out in points (d) and (e) of paragraph 2 and in 
paragraph  3  shall  be  postponed  for  three  years.  Until  such  dates,  the  requirements  of  Stage 
IIIA in this Directive shall continue to apply. " 

Article 2 

Transposition 

1. 

Member States shall adopt and publish, by [6 months minus 1day as from entry into 
force] 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. 

They shall apply those provisions from [6 months as from entry into force] . 

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OJ L 225, 25.6.2004, p. 3. 

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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 text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 3 

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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