COMMISSION DELEGATED REGULATION (EU) …/... of 6.8.2020 amending Delegated Regulation (EU) 2018/985 as regards its transitional provisions in order to address the impact of the COVID-19 crisis
1. Regulation (EU) 167/2013 (“the tractor framework”) establishes the requirements for the approval and market surveillance of agricultural and forestry vehicles. Within the tractor framework, the provisions concerning environmental performance state that the requirements should be those used for non-road mobile machinery (NRMM) in Regulation (EU) 2016/1628 (“the NRMM Regulation”). This is because there is a well-established connection between the types of engines used in non-road mobile machinery and those used in agricultural and forestry vehicles. However, simply referencing the NRMM Regulation directly in the tractor framework results in potential uncertainty over legal interpretation. Therefore, supplementing legislation is required in addition to properly implement the NRMM requirements into the tractor framework which is done via Commission Delegated Regulation (EU) 2018/985 (“the Regulation”).
2. The Regulation retains all the elements established in the NRMM Regulation, such as: engine categories, exhaust emission limits, test protocols and implementation dates. It also includes the same transitional provisions to the latest emissions standard, known as ‘Stage V’, that was recently introduced. The provisions stipulate when a new agricultural or forestry vehicle must be installed with a Stage V engine and when it should be sold by if it is not. Stage V was introduced in two phases, with vehicles of the first phase (those using engine categories of less than 56kW and greater than 130kW in power) required to be built with Stage V engines if completed after 1 July 2020. Vehicles of the second phase (those using engine categories of between 56kW and 130kW in power) need a Stage V engine if completed after 1 July 2021. Vehicles of the first phase built using engines that were pre-Stage V had to be sold by the end of 2020, and vehicles of the second phase by the end of 2021.