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I believe the software upgrades would only improve nox emissions and not fully upgrade engine to EU 6 standards as a lot of those have extra hardware, it may have been BMW's way of staving of these sorts of bans or charging of relatively modern cars but if they are going to be banned anyway probably not worth their while doing the upgrades?
It will always be a movable feast with these regulations, as of 1st April this year there is a new test for EU 6 and no Diesel engine currently complies, there seems to be a grace period where new car tax was raised by 1 band for these diesels and new real world test figures will be used from September so how long before 1st Gen EU6 get added to the ban list?
I just sold a 2012 X5 which was EU5 and considering the bad press I don't think it affected the 2nd hand value although it always hard to judge
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