Commission Delegated Regulation (EU) 2015/96 (repealed)Show full title

ANNEX V Provisions for agricultural and forestry vehicles and engines placed on the market under the flexibility scheme established under Article 14

1. Actions by the agricultural and forestry vehicle manufacturer.

1.1. Except during Stage III B, an agricultural and forestry vehicle manufacturer who wishes to make use of the flexibility scheme shall request permission from the approval authority to place agricultural and forestry vehicles on the market in accordance with the relevant provisions set out in this Annex. The number of agricultural and forestry vehicles shall not exceed the ceilings set out in points 1.1.1 and 1.1.2. The engines shall meet the requirements referred to in Article 9 to Directive 97/68/EC.

1.1.1. The number of agricultural and forestry vehicles placed on the market under the flexibility scheme shall, in each engine category, not exceed 20 % of the annual number of vehicles placed on the market by the manufacturer with engines in that engine power range (calculated as the average of the last five years' sales on the Union market). Where a vehicle manufacturer has placed on the market agricultural and forestry vehicles in the Union for a period of less than five years the average will be calculated based on the actual period for which the vehicle manufacturer has placed on the market agricultural and forestry vehicles in the Union.

1.1.2. As an alternative to point 1.1.1, the number of agricultural and forestry vehicles 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 vehicles
19 ≤ P < 37	200
37 ≤ P < 75	150
75 ≤ P < 130	100
130 ≤ P ≤ 560	50

1.2. During Stage III B, a vehicle manufacturer who wishes to make use of the flexibility scheme shall request permission from the approval authority to place agricultural and forestry vehicles on the market in accordance with the relevant provisions set out in this Annex. The number of agricultural and forestry vehicles shall not exceed the ceilings set out in points 1.2.1 and 1.2.2. The engines shall meet the requirements referred to in Article 9 to Directive 97/68/EC.

1.2.1. The number of agricultural and forestry vehicles placed on the market under the flexibility scheme shall, in each engine power range, not exceed 40 % of the annual number of agricultural and forestry vehicles placed on the market by the vehicle manufacturer with engines in that engine category (calculated as the average of the last five years' sales on the Union market). Where a vehicle manufacturer has marketed agricultural and forestry vehicles in the Union for a period of less than five years the average will be calculated based on the actual period for which the vehicle manufacturer has marketed agricultural and forestry vehicles in the Union.

1.2.2. As an alternative to point 1.2.1, the number of agricultural and forestry vehicles 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 vehicles
19 ≤ P < 37	200
37 ≤ P < 75	175
75 ≤ P < 130	250
130 ≤ P ≤ 560	125

1.3. The vehicle manufacturer shall include in his application to the approval authority all the following information:

(a)

A sample of the labels to be affixed to each agricultural and forestry vehicle in which an engine placed on the market under the flexibility scheme will be installed. The labels shall bear the following text: ‘AGRICULTURAL AND FORESTRY VEHICLE NO … (sequence of vehicles) OF … (total number of vehicles in respective power range) WITH ENGINE NO … WITH TYPE-APPROVAL (e.g. in accordance with the provisions of Directive 97/68/EC or recognized alternative type-approval in accordance with Annex IV to Commission Delegated Regulation (EU) 2015/96)’;

(b)

A sample of the supplementary label to be affixed on the engine bearing the text referred to in point 2.2.

1.4. The agricultural and forestry vehicles 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 vehicle manufacturer shall file a report every 12 months to the approval authorities of each Member State where the agricultural and forestry vehicles 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 agricultural and forestry vehicles placed on the market under the flexibility scheme, engine and vehicle serial numbers, and the Member States where the vehicle 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.

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 set out in Annex XIII of Directive 97/68/EC.

3. Actions by the approval authority

The approval authority shall evaluate the content of the flexibility scheme request and the enclosed documents. It will inform the agricultural and forestry vehicle manufacturer of its decision as to whether or not to allow use of the flexibility scheme as requested.