Professional Documents
Culture Documents
Emissions
Flexibility Guidelines
Belgium Finland
AGORIA Technology Industries of Finland
Diamant Building, Bd. A Reyers 80 Eteläranta 10
B - 1030 Brussels Fin - 00131 Helsinki
Tel: +32 2 706 7983 Tel: +358 9 1923 374
Fax: +32 2 706 7988 Fax: +358 9 624 462
Email: info@agoria.be Website: www.techind.fi/english
Website: www.agoria.be
France Germany
CISMA VDMA
39/41 Rue Louis Blanc Lyoner Strasse 18
92400 Courbevoie D - 60528 Frankfurt/Main
F - 92038 Paris la Défense Cedex Tel: +49 69 6603 1262
Tel: +33 1 4717 6323 Fax: +49 69 6603 1812
Fax: +33 1 4717 6260 Email: bub@vdma.org
Email: contact@cisma.fr Website:
Website: www.cisma.fr www.vdma.org/construction
Italy Italy
COMAMOTER UCoMESA
Via L. Spallanzani 22/A Via L. Battistotti Sassi 11/B
I - 00161 Roma I - 20133 Milano
Tel: +39 06 44 2981 Tel: +39 02 739 7347
Fax: +39 06 44 2722 Fax: +39 02 739 7843
Email: comamoter@unacoma.it Email: ucomesa@anima-it.com
Website: www.comamoter.com Website: www.ucomesa.it
Netherlands Poland
FME – FMIB APCEMP
Postbus 190 ul. Napoleona 2
2700 AD Zoetermeer 05 - 030 Kobylka k
Tel: +31 79 353 1126 Warszawy
Fax: +31 79 353 1365 Tel: +48 22 786 1823
Email: fmib@fme.nl Fax: +48 22 786 1830
Website: www.fme.nl Email: dsn@pimb.com.pl
Spain Sweden
ANMOPyC SACE
Paseo Independencia PO Box 5510
24-26, Pta. 3, Of. 4 SE 11485 Stockholm
E - 50004 Zaragoza Tel: +46 8 782 08 00
Tel: +34 976 227 387 Fax: +46 8 660 33 78
Fax: +34 976 227 925 Email: sace@teknikforetagen.se
Email: anmopyc@anmopyc.es Website: www.teknikforetagen.se
Website: www.anmopyc.es
These guidelines have been jointly prepared by three European trade associations:
CECE, CEMA and Euromot to provide clarification and support to engine and
equipment manufacturers in the way of initiating, managing and monitoring the
Sell Off provision and the Flexibility provision authorized by 2004/26/EC Directive
on the approximation of the laws of the Member States relating to measures
against the emissions of gaseous and particulate pollutants from internal
combustion engines to be installed in non-road mobile machinery.
These guidelines are intended to answer the questions which are likely to be asked
Euromot by users of the Exhaust Emission Directive but cannot be considered as an official
statement of the position of the European Commission.
The attention of the reader is drawn to the fact that these guidelines are effective
from beginning of stage IIIA and cover only the Sell Off and the Flexibility
provisions for the Non Road Mobile Machinery portion of the 2004/26/EC Directive.
They do not cover other pieces of equipment such as: Agriculture Tractors, Marine
engines, Railway engines …
Engine production date shall mean the date when the engine passes the final
check after it has left the production line. At this stage the engine is ready to be
delivered or to be put on stock.
Placing on the market shall mean the action of making available on the
Community market, for payment or free of charge, a product covered by this
Directive, with a view to distribution and/or use in the Community.
Engine manufacturer shall mean the person or body who is responsible to the
approval authority for all aspects of the type-approval process and for ensuring
conformity of production. It is not essential that the person or body is directly
involved in all stages of the construction of the engine.
Note: Referring to the Machinery Directive, the OEM may be also the manufacturer’s
authorized representative established in the European Community.
The concept of the Sell Off, already in place in 97/68/EC Directive, recognizes the
fact that, at the exact compulsory date of a new stage, the economic uncertainties
and the market variations do not permit, in many cases, to fully exhaust all the
previous stage compliant engines in inventory in the production places. The Sell
Off provision provides a possibility to engine manufacturers to exhaust their “old”
inventory in economically acceptable conditions but does not authorize them to
continue to produce previous stage compliant engines after the compulsory date
of the next stage is passed.
Starting from Stage IIIA, the Sell-Off Provision is no longer subject to individual
Member State decision and is available everywhere in the EU and does not require
any preliminary authorization from approval authorities.
It means that during the two years after a new stage of Emissions regulations takes
place the engine manufacturer may place everywhere on EU market old stage
compliant engines provided those engines are built prior to the date the new
Emissions stage is in effect. The determining factor for the Sell Off provision is only
the production date, the location of production or storage is irrelevant. This means
engines could be produced and stored inside or outside of the European
Community.
The same possibility will be valid again for the next stages of Emissions regulations
(IIIB, IV)
Example:
Emission Stage IIIA is in effect 1st January 2007 for 75-130 kW engine.
The engine manufacturer may place Stage II engines on EU market until 31
December 2008 provided those Stage II engines are produced before 31 December
2006.
The whole Exhaust Emission Directive applies to engines, whether or not already
installed in machines which means that it does not set any requirement on placing
on the market (sale, registration…) of equipment.
It means that the OEM may place everywhere on EU market, without time
limitation, some machines equipped with old stage compliant engines provided
those engines are built prior to the date the new Emissions stage is in effect and
have been placed on EU market in the two years after the date of the new
Emissions stage.
Example:
Emission Stage IIIA is in effect 1st January 2007 for 75-130 kW engine.
The OEM may continue to produce and place on EU market some pieces of
equipment with Stage II engines provided those Stage II engines are produced
prior to 31 December 2006 and placed in EU market for distribution and use before
31 December 2008. A machine equipped with such an engine may be placed on the
market (sale, registration, …) during 2009 or later.
When equipment is imported into European Community, that is the moment when
its engine is placed on EU market. In that case the limitation period of two years
indirectly applies to equipment as well.
Example:
Emission Stage IIIA is in effect 1st January 2007 for 75-130 kW engine.
The imported equipment with Stage II engines may be placed on the EU market,
until 31 December 2008, provided those Stage II engines are produced prior to 31
December 2006.
Definition:
Replacement engine shall mean a newly build engine to replace an engine in a
machine. This engine has been supplied for this purpose only.
For Non Road Mobile Machinery it means that for example if the machine was
originally placed on EU market with a Stage II compliant engine, then the
replacement engine may be Stage II compliant as well, even if this happens many
years later when the regulation in effect is Stage IV.
APPROVAL AUTHORITY
Each OEM may apply for flexibility allowance for each of his engine power
categories (19-37 kW, 37-75 kW, 75-130 kW, 130- 560 kW). It means that:
■ An OEM cannot transfer partly nor totally his flexibility allowance to another
OEM.
■ He cannot transfer neither partly nor totally his flexibility allowance from one
engine power category to another.
■ The flexibility allowance is managed by engine power category without
consideration of the product families covered by the power category.
This means the calculation is based on the annual average of the last 5 years (sixty
months duration) counted before the date of application.
The OEM can apply for flexibility any time, before as well as after the introduction
date of a new Emission Stage.
* As the sales period in the 10 “new “ EU countries are less than 5 years (new Member States
jointed EU as of May 2004) the average quantity has to be calculated on the effective period
based on stipulation in the Directive for period of sales lower than 5 years as shown below:
“Where an OEM has marketed equipment in the EU for a period of less than 5 years the
average will be calculated based on the period for which the OEM has marketed equipment
in the EU.”
Important:
As the flexed quantity is calculated and managed separately for each category of
power, the OEM has the choice to use option 1 (percentage) for some power
categories and the option 2 (fixed quantity) for the other power categories but the
two options cannot be used together for the same power category.
There are different ways to use the flexibility allowance. Depending on the
priorities of each OEM, the flexibility scheme can vary from one power category
and stage to another one. In any case the duration of a flexibility scheme cannot
exceed the duration of the stage it is required for.
Example # 1:
All the flexibility allowance is consumed the first year of the new stage
Example # 2:
The flexibility allowance may be equally spread:
(for example 5% every year over 4 years)
Example # 3:
The flexibility allowance is spread over the full duration of the stage
Note: These are just three examples of using flexibility allowance. However there
are numerous combinations from one month right through the next stage.
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“
This label may be permanently fixed on the engine or temporarily attached to the
engine until this engine is installed on the machine. This label is complementary
and under no circumstance can this label replace the normal engine marking.
1.1. An OEM that wishes to make use of the flexibility scheme shall
request permission from any approval authority to purchase from his
engine suppliers, in the period between two emissions stages, the
quantities of engines described in sections 1.2 and1.3, that do not
comply with the current emission limit values, but are approved to the
nearest previous stage of emission limits.
The OEM has the freedom to choose the Approval Authority for submitting his
application for a flexibility Scheme.
1.5. The OEM shall notify the approval authorities of each Member State
of the use of the flexibility scheme.
1.7. The OEM shall file a report every six months to the approval
authorities of each Member State on the implementation of the
flexibility schemes he is using.
The report shall include cumulative data on the number of engines and
NRMM placed on the market under the flexibility scheme, engine and
NRMM serial numbers, and the Member States where the NRMM have
been placed on the market. This procedure shall be continued as long as
a flexibility scheme is still in progress.
The Reporting procedure shall continue every six months as long as the Flexibility
Scheme of each engine power category is in progress.
See example of Reporting form available in Annex D.
As the Approval Authorities have to only record and file this information it is
acceptable to use the English language for reporting to all the Approval
Authorities unless there is specific requirement in some individual national
transpositions.
Germany: Kraftfahrt-Bundesamt
Fördestrasse 16
D – 24932 FLENSBURG
5. Signed by:
6. Signed by
7. Date of reporting
20
an average of 1000 pieces of equipment per year
over the last five years in the 75-130 kW range.
PLACING on
EU Market 6 4 ORDER
200 machines
equipped with OEM 200
Annex E
engines
for 200 Approval Countries
"flexed" 7 Authority
engines REPORTING
every 6 months
with Approval
Engine No. Authority
One Machine No.
NOT OK Country of delivery
Approval
Approval
Authority
Authority
OK
Diamant Building
Bd A. Reyers 80
B-1030 Brussels
Belgium
Phone: +32 2 706 82 25
Fax: +32 2 706 82 10
E-mail: secretariat@cece-eu.org
Website: www.cece-eu.org
+32 52 31 70 90
monad.be