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23.9.2011 Official
Journal
of
the
European
Union L
246/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2011/72/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 September 2011
amending Directive 2000/25/EC as regards the provisions for tractors placed on the market under
the flexibility scheme
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(2) The
transition
to
Stage
III
B
involves
a
step
change
in
EUROPEAN UNION,
technology requiring significant implementation costs for
re-designing the engines and for developing advanced
technical solutions. However, the current global
Having regard to the Treaty on the Functioning of the European
financial and economic crisis or any economic
Union, and in particular Article 114 thereof,
downturn should not lead to a lowering of environ
mental standards. This revision of Directive 2000/25/EC
Having regard to the proposal from the European Commission,
should therefore be considered to be exceptional.
Furthermore, investments in environmentally friendly
technologies are important for the promotion of future
After transmission of the draft legislative act to the national
growth, jobs and health security.
parliaments,
Having regard to the opinion of the European Economic and
(3) Directive
2000/25/EC
provides
for
a
flexibility
scheme
to
Social Committee ( 1 ),
allow tractor manufacturers to purchase, during a given
stage, a limited number of engines that do not comply
Acting in accordance with the ordinary legislative procedure (
with emission limits applicable during that stage, but

2 ),
which are approved in accordance with the requirements
of the stage immediately preceding the applicable one.
Whereas:
(1) Directive
2000/25/EC
of
the
European
Parliament
and
of (4) Since
2005,
Directive
2000/25/EC
has
provided
for
the
the Council of 22 May 2000 on action to be taken
evaluation of the possible need for additional flexibilities
against the emission of gaseous and particulate pollutants
in relation to Stages III B and IV emission limits. In order
by engines intended to power agricultural or forestry
to provide temporary relief to the industry when moving
tractors ( 3 ) regulates exhaust emissions from engines
to the next stage, it is necessary to adapt the conditions
installed in agricultural and forestry tractors with a
for applying the flexibility scheme.
view to further safeguarding human health and the
environment. Directive 2000/25/EC provided that the
emission limits applicable in 2010 for type approval of
(5) During
Stage
III
B,
the
number
of
tractors
that
are
placed
the majority of compression ignition engines, referred to
on the market and that enter into service should, in each
as Stage III A, were to be replaced by the more stringent
engine category, not exceed 40 % of the number of
Stage III B limits, entering into force progressively as
tractors placed on the market by the tractor manu
from 1 January 2011 with regard to the placing on
facturer in that engine category. The alternative option
the market, and from 1 January 2010 as regards the
of allowing a fixed number of tractors to be placed on
type-approval for those engines. Stage IV, providing for
the market and to enter into service under the flexibility
emission limits more stringent than Stage III B, will enter
scheme should be adapted accordingly.
into force progressively as of 1 January 2013 as regards
the type-approval for those engines and as of 1 January
2014 with regard to the placing on the market.
(6) Manufacturers
of
tractors
falling
within
the
scope
of
this
Directive should benefit from European financial support
( 1 ) OJ C 107, 6.4.2011, p. 26.
programmes or any relevant support programmes
( 2 ) Position of the European Parliament of 23 June 2011 (not yet
provided by Member States. Those support programmes
published in the Official Journal) and decision of the Council of
19 July 2011.
may favour projects employing the best available tech
( 3 ) OJ L 173, 12.7.2000, p. 1.
nologies with the highest emission standards.

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L 246/2
EN
Official Journal of the European Union
23.9.2011
(7) Directive
2000/25/EC
should
therefore
be
amended
accordance with the procedures laid down in Annex IV, a
accordingly.
limited number of tractors fitted with engines approved in
accordance with the requirements of the emission limits
(8) The
measures
provided
for
in
this
Directive
reflect
a
stage immediately preceding the applicable one may enter
temporary difficulty faced by the industry. As such, the
into service.
application of those measures should be restricted to the
duration of Stage III B.
The flexibility scheme shall begin when a given stage
becomes applicable and shall have the same duration as
(9) Current
emission
limits
should
be
made
more
stringent,
the stage itself. The flexibility scheme set out in section
including with respect to ultrafine black carbon particles
1.2 of Annex IV shall, however, be restricted to the
notably by introducing particulate number limits in
duration of Stage III B or to three years where no
future legislation if this is justified by relevant impact
subsequent stage exists.’;
assessments,
(3) Annex IV is replaced by the text appearing in the Annex to
HAVE ADOPTED THIS DIRECTIVE:
this Directive.
Article 1
Article 2
Amendments to Directive 2000/25/EC
Transposition
Directive 2000/25/EC is hereby amended as follows:
1. Member
States
shall
adopt
and
publish,
by
24
September
2011 at the latest, the laws, regulations and administrative
(1) in Article 1, the following indents are added:
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
‘— “flexibility scheme” means the exemption procedure by
provisions.
means of which a Member State permits the placing on
the market and entry into service of a limited number
When Member States adopt those provisions, they shall contain
of tractors in accordance with the requirements laid
a reference to this Directive or be accompanied by such a
down by Article 3a,
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
— “engine category” means the classification of engines
which combines the power range with the stage of
2. Member
States
shall
communicate
to
the
Commission
the
exhaust emission limits,
text of the main provisions of national law which they adopt in
the field covered by this Directive.
— “making available on the market” means any supply of
a tractor or engine for distribution or use on the Union
Article 3
market in the course of a commercial activity, whether
in return for payment or free of charge,
Entry into force
— “placing on the market” means the first making
This Directive shall enter into force on the twentieth day
available on the market of a tractor or engine,
following that of its publication in the Official Journal of the
European Union.
— “entry into service” means the first use, for its intended
purpose, in the Union of a tractor or engine. The date
Article 4
on which it is registered, if applicable, or placed on the
Addressees
market shall be considered the date of entry into
service.’;
This Directive is addressed to the Member States.
(2) Article 3a is replaced by the following:
Done at Strasbourg, 14 September 2011.
‘Article 3a
Flexibility scheme
By way of derogation from Article 3(1) and (2), Member
For the European Parliament
For the Council
States shall provide that, at the request of the tractor manu
facturer, and on condition that the approval authority has
The President
The President
granted the relevant permit for placing on the market in
J. BUZEK
M. DOWGIELEWICZ

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EN
23.9.2011 Official
Journal
of
the
European
Union L
246/3
ANNEX
‘ANNEX IV
PROVISIONS FOR TRACTORS AND ENGINES PLACED ON THE MARKET UNDER THE FLEXIBILITY
SCHEME LAID DOWN IN ARTICLE 3a
1. ACTIONS
BY
THE
TRACTOR
MANUFACTURERS
1.1. Except
during
Stage
III
B,
a
tractor
manufacturer
who
wishes
to
make
use
of
the
flexibility
scheme
shall
request
permission from the approval authority to place tractors on the market in accordance with the relevant provisions
set out in this Annex. The number of tractors shall not exceed the ceilings set out in sections 1.1.1 and 1.1.2. The
engines shall meet the requirements referred to in Article 3a.
1.1.1. The number of tractors placed on the market under the flexibility scheme shall, in each engine category, not
exceed 20 % of the annual number of tractors placed on the market by the tractor manufacturer with engines in
that engine category (calculated as the average of the last five years’ sales on the Union market). Where a tractor
manufacturer has marketed tractors in the Union for a period of less than five years the average will be calculated
based on the actual period for which the tractor manufacturer has marketed tractors in the Union.
1.1.2. As an alternative option to section 1.1.1, the number of tractors placed on the market under the flexibility scheme
shall, in each power range, not exceed the following ceilings:
Engine power range
P (kW)
Number of tractors
19 ≤ P < 37 200
37 ≤ P < 75 150
75 ≤ P < 130 100
130 ≤ P ≤ 560 50
1.2. During
Stage
III
B,
a
tractor
manufacturer
who
wishes
to
make
use
of
the
flexibility
scheme
shall
request
permission from the approval authority to place tractors on the market in accordance with the relevant provisions
set out in this Annex. The number of tractors shall not exceed the ceilings set out in sections 1.2.1 and 1.2.2. The
engines shall meet the requirements referred to in Article 3a.
1.2.1. The number of tractors placed on the market under the flexibility scheme shall, in each engine category, not
exceed 40 % of the annual number of tractors placed on the market by the tractor manufacturer with engines in
that engine category (calculated as the average of the last five years’ sales on the Union market). Where a tractor
manufacturer has marketed tractors in the Union for a period of less than five years the average will be calculated
based on the actual period for which the tractor manufacturer has marketed tractors in the Union.
1.2.2. As an alternative option to section 1.2.1, the number of tractors placed on the market under the flexibility scheme
shall, in each power range, not exceed the following ceilings:
Engine power range
P (kW)
Number of tractors
37 ≤ P < 56 200
56 ≤ P < 75 175
75 ≤ P < 130 250
130 ≤ P ≤ 560 125
1.3. The tractor manufacturer shall include in his application to the 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 range) WITH ENGINE NO … WITH TYPE-
APPROVAL (Directive 2000/25/EC) NO … ″; and

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L 246/4
EN
Official Journal of the European Union
23.9.2011
(b) a sample of the supplementary label to be affixed on the engine bearing the text referred to in section 2.2.
1.4. The
tractor
manufacturer
shall
provide
the
approval
authority
with
any
necessary
information
connected
with
the
implementation of the flexibility scheme that the approval authority may request in order to make a decision.
1.5. The
tractor
manufacturer
shall
file
a
report
every
six
months
to
the
approval
authorities
of
each
Member
State
where the tractor is placed on the market on the implementation of the flexibility schemes he is using. The report
shall include cumulative data on the number of 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, without any exceptions.
2. ACTIONS
BY
THE
ENGINE
MANUFACTURER
2.1. An engine manufacturer may place on the market engines under the flexibility scheme approved in accordance
with sections 1 and 3 of this Annex.
2.2. The engine manufacturer shall label those engines with the following text: ″Engine placed on the market under the
flexibility scheme ″ in accordance with the requirements referred to in section 5 of Annex I.
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 as requested.’.

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