1.3.2005 |
EN |
Official Journal of the European Union |
L 55/35 |
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:
|
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:
|
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.
For the Commission
Günter VERHEUGEN
Vice-President
(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).
ANNEX I
Annexes I, II and III to Directive 2000/25/EC are amended as follows:
1. |
Annex I is amended as follows:
|