Looking at the ADR 80/03 summary, it seems that Euro 5 specifications will only be applied to new models as of 1st Jan 2010 and then to all models as of 1st Jan 2011.

This implies that a DPF delete on any model released before 1st Jan 2010 and bought before 1st Jan 2011 would be entirely legal, as long as the catalytic converter was retained.

Is there a flaw in my reasoning?