Directive 2004/26/EC of the European Parliament and of the CouncilShow full title

“"Annex XIII

PROVISIONS FOR ENGINES PLACED ON THE MARKET UNDER A "FLEXIBLE SCHEME"

On the request of an equipment manufacturer (OEM), and permission being granted by an approval authority, an engine manufacturer may during the period between two successive stages of limit values place a limited number of engines on the market that only comply with the previous stage of emission limit values in accordance with the following provisions:

1. ACTIONS BY THE ENGINE MANUFACTURER AND THE OEM

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 and 1.3, that do not comply with the current emission limit values, but are approved to the nearest previous stage of emission limits.

1.2. The number of engines placed on the market under a flexibility scheme shall, in each engine category, not exceed 20% of the OEM's annual sales of equipment with engines in that engine category (calculated as the average of the latest 5 years sales on the EU market). 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.

1.3. As an optional alternative option to section 1.2, the OEM may seek permission for his engine suppliers to place on the market a fixed number of engines under the flexibility scheme. The number of engines in each engine category shall not exceed the following values:

Engine Category	Number of Engines
19-37kW	200
37-75kW	150
75-130kW	100
130-560kW	50

1.4. The OEM shall include in his application to an approval authority the following information:

(a)

a sample of the labels to be affixed to each piece of non-road mobile machinery in which an engine placed on the market under the flexibility scheme will be installed. The labels shall bear the following text: "MACHINE NO ... (sequence of machines) OF ... (total number of machines in respective power band) WITH ENGINE No ... WITH TYPE APPROVAL (Dir. 97/68/EC) No ..."; and

(b)

a sample of the supplementary label to be affixed on the engine bearing the text referred to in section 2.2 of this Annex.

1.5. The OEM shall notify the approval authorities of each Member State of the use of the flexibility scheme.

1.6. The OEM shall provide the approval authority with any information connected with the implementation of the flexibility scheme that the approval authority may request as necessary for the decision.

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.

2. ACTIONS BY THE ENGINE MANUFACTURER

2.1. An engine manufacturer may place on the market engines under a flexible scheme covered by an approval in accordance with Section 1 of this Annex.

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".

3. ACTIONS BY THE APPROVAL AUTHORITY

3.1. The approval authority shall evaluate the content of the flexibility scheme request and the enclosed documents. As a consequence it will inform the OEM of its decision as to whether or not to allow use of the flexibility scheme.