The Clock is Ticking

The legislatorial roll call reads something like this: First up, regulation 2001/43 – the so-called s-marking legislation – is set for implementation on 1 October 2009. Then, as soon as the clock stops for s-marking on 1 October, another countdown will begin for “clean oil” legislation, which is set for implementation on 1 January 2010, followed by REACH regulations in 2011 and regulation 2008/316 (aka reg. 316,  regarding rolling resistance, wet braking and labelling) in November 2012. In short the most pressing piece of legislation is 2001/43 (s-marking). As I have already mentioned, unless there is an unlikely 11th hour stay of execution at the European parliament, this means exactly that and you will not be allowed to sell tyres that do not meet the requirements.

In response to the fact that s-marking is nearly upon us, and in order to clarify the facts of the matter, industry bodies BTMA and NTDA both released statements this month clarifying the requirements of what has for most people been a thoroughly confusing piece of legislation. Referring to 2001/43 (s-marking), BTMA chairman Mark Brickhill commented: “This regulation is an important step to ensuring that all new tyres meet improved noise standards. The seven year notice period and phased introduction take account of the complexity of the change. BTMA members have worked hard to meet the requirements of the regulation. Players throughout the supply chain will now have to be vigilant in their stock management to ensure compliance at the point of sale.” The BTMA’s advice continued by saying: “Chain operators should identify and prioritise the sale of tyres not marked in compliance with the requirements applicable from October 1st 2009. (Principally tyres of narrow section width that are fast moving products fitted to smaller cars like Polo, Corsa, KA, etc)….Retailers should insist that all new deliveries into stock have the appropriate “S marking” as required for all tyres they intend to fit from 1 October 2009.

Which tyres need to be s-marked on 1 October 2009? Writing in its internal service bulletin, NTDA representatives explained that the 1 October 2009 date applies to “a number of sizes of passenger car tyres, small commercial tyres and commercial tyres in the replacement market.” To be precise, this means: Passenger car tyres class C1a (section width ≤145); Passenger car tyres class C1b (section width > 145 ≤165); Passenger car tyres class C1c (section width > 165 ≤185); Small commercial tyres class C2 with Load Index ≤121 and Speed Symbol ≥N; and Commercial tyres class C3 with Load Index ≥122 or with Load Index ≤121 and Speed Symbol ≤M. On the subject of passenger car tyres, the 1 October deadline applies to tyres with a section width up to and including 185. Passenger car tyres with section widths from 185 up to and including 215 will have to conform from 1 October 2010 and tyres with section widths greater than 215 will have to conform from 1 October 2011.

The NTDA bulletin pointed out that the association first informed its members of the importance of the issue as far back as October 2008 in an earlier service bulletin entitled: “New Noise Limits for Replacement Tyres – clear stocks in time for new regulations next October.” However, according to the Tyre Wholesaler’s Group (TWG), there are estimated to be more than 2.5 million tyre still lacking the s-mark. These are therefore “unsalable”. Retailers may find themselves with large numbers of unsalable tyres when October arrives, so the clear advice is “check your stock now.” The ridiculousness of the thought of shredding this many tyres in the name of an essentially environmental piece of legislation has led the NTDA and others involved into ongoing discussions with legislators in both the UK and the EU to try to “arrive at some accommodation that will save these tyres from either being scrapped or dumped in non- EEC markets.” Among the solutions being looked at is some form of certification of tyres that are not Smarked, but which do comply with the sound regulations, or possible a retro-marking scheme. So far there are no reportedly developments in this respect and there is certainly no guarantee that there will be.