Commission Delegated Regulation (EU) 2018/985Show full title

Article 13 U.K. Transitional provisions

1. From 21 July 2018:

(a) the approval authorities shall not refuse to grant an EU type-approval or a national type-approval to a new engine type or new engine family where that engine type or engine family complies with Articles 3, 5 and 7;

(b) the approval authorities shall not refuse to grant an EU type-approval or a national type-approval to a new vehicle type where that vehicle type complies with Articles 3 to 6 and Article 8;

(c) the Member States shall permit the placing on the market, sale and entry into service of engines complying with Articles 3, 5 and 7 or with Article 11 and the placing on the market, sale, registration and entry into service of agricultural and forestry vehicles complying with Articles 3 to 6 and Article 8.

2. Until the mandatory date of application of Regulation (EU) 2016/1628 in respect of EU type-approval of the engine category concerned, as laid down in Annex III to that Regulation, approval authorities shall continue to grant EU type-approvals and exemptions to agricultural and forestry vehicle types or engine types and engine families in accordance with Delegated Regulation (EU) 2015/96, in its version applicable on 20 July 2018.

3. As of the mandatory dates of application of Regulation (EU) 2016/1628 in respect of the placing on the market of the engine category concerned, as laid down in Annex III to that Regulation, the Member States shall no longer permit the placing on the market, sale, registration or entry into service of vehicles or the placing on the market, sale or entry into service of engines type-approved on the basis of Delegated Regulation (EU) 2015/96.

Until those dates, Member States may permit the placing on the market, sale, registration or entry into service of vehicles or the placing on the market, sale or entry into service of engines in accordance with the requirements laid down in Delegated Regulation (EU) 2015/96. The flexibility scheme provided for in Article 14 of that Delegated Regulation shall apply only to agricultural and forestry vehicles fitted with engines approved in accordance with the requirements of the emission limits stage immediately preceding the applicable one.

4. Engines that were not subject to pollutant emission related type-approval in accordance with Delegated Regulation (EU) 2015/96 on 20 July 2018 may continue to be placed on the market, sold or to enter into service until the mandatory date of application of Regulation (EU) 2016/1628 in respect of the placing on the market of the engine category concerned, as laid down in Annex III to that Regulation, on the basis of the national rules in force.

Agricultural and forestry vehicles type-approved in accordance with Regulation (EU) No 167/2013 and equipped with those engines may continue to be placed on the market, sold, registered or to enter into service until the same dates.

5. Transition engines may continue to be placed on the market, sold or to enter into service during the 24 months following the mandatory date of application of Regulation (EU) 2016/1628 in respect of the placing on the market of the engine category concerned, as laid down in Annex III to that Regulation.

Agricultural and forestry vehicles equipped with transition engines may be placed on the market, sold, registered or enter into service during the 24 months following the mandatory date of application of Regulation (EU) 2016/1628 in respect of the placing on the market of the engine category concerned, as laid down in Annex III to that Regulation, provided that those vehicles fulfil both of the following conditions:

(a) they have a production date not later than 18 months following the mandatory date of application of Regulation (EU) 2016/1628 in respect of the placing on the market of the engine category concerned, as laid down in Annex III to that Regulation;

(b) they are marked in accordance with the requirements in point 2.1 of Part 2 in Annex I to this Regulation.

[F1 For engines of sub-categories of category NRE for which the mandatory date of application set out in Annex III to Regulation (EU) 2016/1628 in respect of the placing on the market is 1 January 2020 , Member States shall authorise the extension of the 24-month period and of the 18-month period referred to in the first and second subparagraphs by additional 12 months for vehicle manufacturers with a total yearly production of less than 100 units of agricultural and forestry vehicles equipped with an engine.] For the purposes of the calculation of that total yearly production, all vehicle manufacturers under the control of the same natural or legal person shall be considered to be a single vehicle manufacturer.

[F2 For engines of all sub-categories for which the mandatory date of application set out in Annex III to Regulation (EU) 2016/1628 in respect of the placing on the market is 1 January 2019 , the 24-month period and the 18-month period referred to in the first and second subparagraphs shall be extended by 12 months.]

6. For the purposes of the placing on the market of replacement engines for agricultural and forestry vehicles in accordance with paragraphs 10 and 11 of Article 58 of Regulation (EU) 2016/1628, manufacturers shall ensure that the replacement engines comply with the marking requirements referred to in point 6 of Annex XX to Commission Delegated Regulation (EU) 2015/208(1), Article 32(2)(e) of Regulation (EU) 2016/1628 and points 1 and 5.4 of Annex IV to Implementing Regulation (EU) 2015/504.

Textual Amendments

F1 Substituted by Commission Delegated Regulation (EU) 2020/1564 of 6 August 2020 amending Delegated Regulation (EU) 2018/985 as regards its transitional provisions in order to address the impact of the COVID-19 crisis.

F2 Inserted by Commission Delegated Regulation (EU) 2020/1564 of 6 August 2020 amending Delegated Regulation (EU) 2018/985 as regards its transitional provisions in order to address the impact of the COVID-19 crisis.

(1)

Commission Delegated Regulation (EU) 2015/208 of 8 December 2014 supplementing Regulation (EU) No 167/2013 of the European Parliament and of the Council with regard to vehicle functional safety requirements for the approval of agricultural and forestry vehicles (OJ L 42, 17.2.2015, p. 1).