THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles, and in particular Article 19(6) thereof,
Whereas:
(1)
Commission Delegated Regulation (EU) 2015/96 provides that the emission limits referred to as Stage IIIB of the compression ignition engines in the power range 56-130 kW would be applicable until 30 September 2016 for the type-approval of agricultural and forestry tractors of categories T2, T4.1 and C2, equipped with those engines, and until 30 September 2017 for the placing on the market of such tractors. Stage IV, providing for emission limits more stringent than Stage IIIB, would start applying on 1 October 2016 for the type-approval for those engines and the narrow-track tractors equipped with them and on 1 October 2017 for the placing of those engines on the market.
(2)
In order to prevent Union legislation from prescribing technical requirements which cannot be met yet and in order to avoid situations in which agricultural and forestry tractors of categories T2, T4.1 and C2, equipped with engines in the power range 56-130 kW, could no longer be type-approved, placed on the market or put into service, it is necessary to provide for a transitional period of 1 year. During that period, tractors may still be type-approved, placed on the market or put into service if they comply with the Stage IIIB emission limits.
(3)
In order to allow for a smooth transition to the industry when applying the next Stages IV and V of emission limits to agricultural and forestry tractors of categories T2, T4.1 and C2, equipped with engines in the power range 56-130 kW, it is necessary to adapt the conditions for applying the flexibility scheme to them and permit it during Stage IV with an increased percentage.
(4)
Delegated Regulation (EU) 2015/96 should therefore be amended accordingly.
(5)
Delegated Regulation (EU) 2015/96 is already applicable while the amendments to it, for the smooth transition towards the application of Stage IV to tractors of categories T2, T4.1 and C2, have been made possible and mandatory after the application date of that Stage (30 September 2016) to such tractors, as a result of the amendment of Regulation (EU) No 167/2013 by Regulation (EU) 2016/1628 of the European Parliament and of the Council. This Regulation should therefore enter into force as soon as possible,
HAS ADOPTED THIS REGULATION: