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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2023)0178),(COM(2023)0178)),
– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90120/2023),
– having regard to the opinion of the European Economic and Social Committee of 14 June 2023,
– having regard to RulesRule 59 of its Rules of Procedure,
– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2023),(A9-0382/2023),
1. Adopts its position at first reading hereinafter set out;
(1) Self-propelled mobile machinery, falling within the scope of Directive 2006/42/EC of the European Parliament and of the Council23 , that is designed or constructed with the purpose to perform work, (‘non-road mobile machinery’) might need, whether occasionally or often, to circulate on public roads, mostly to move from one working place to another.
(1) MobileSelf-propelled mobile machinery, falling within the scope of Directive 2006/42/EC of the European Parliament and of the Council23 or towed machinery,, that is designed or constructed with the purpose to perform work, (‘non-road mobile machinery’) or towed equipment, not already covered by the scope of Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2018/858, might need, whether occasionally or often, to circulate on public roads, mostly to move from one working place to another.
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23 Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).
Or. en
Amendment 2
(5) For the purposes of the development and operation of the internal market of the Union, it is appropriate to establish a harmonised type-approval system for the road safety of non-road mobile machinery clearly intended to circulate on public roads.
Or. en
Amendment 3
Amendment
(5a) The objective of this Regulation is to address the risks associated with the intended circulation of non-road mobile machinery on public roads. Thus, non-road mobile machinery thatthat, in practicepractice, will most likely not circulate on public roads should be excluded from the scope of this Regulation.
Or. en
Amendment 4
(7) Given the purpose of this Regulation to address road circulation of non-road mobile machinery designed and constructed for performing work, and not to transport workers, mobile machinery which is equipped with more than three seating positions when circulating on public roads, including the driver’s seating position, should also be excluded from this Regulation.
Or. en
Amendment 5
Amendment
(7a) This Regulation should cover only non-road mobile machinery that is newplaced toon the Union market when placed onfor the marketfirst time and is either new non-road mobile machinery made by a manufacturer established in the Union or non-road mobile machinery, whether new or second-hand, imported from a third country.
Or. en
Amendment 6
Amendment
(7b) This Regulation should apply to non-road mobile machinery intended to circulate on public roads irrespective of how the powermachinery sourceis andpowered thusand, therefore, should also apply to electric and hybrid ones.machinery. This Regulation should be without prejudice to the electric safety requirements related to electric drives laid down by Regulation (EU) 2023/1230 of the RegulationEuropean onParliament machinery.and of the Council.
Or. en
Amendment 7
Amendment
(7c) Field tests allow machinery to be tested in real life situations, such as on agricultural lands or on appropriate construction sites, before it is widely introduced, thereby allowing faster and better improvements. In order for manufacturers to carry out field-testingfield activities,tests, which are inherent to the machine development process, the temporary placing on the market of non-road mobile machinery that havehas not yet been EU type-approved at that stage should be allowed. Accordingly, the temporary placing on the market of non-road mobile machinery for the purpose of field-testing prototypes should be excluded from the scope of this Regulation, and such temporary placing on the market should be allowed.
Or. en
Amendment 8
Proposal for a regulation
Recital 9
Text proposed by the Commission
Amendment
(9) Individual approvals can be of use for machinery that is circulating in the territory of only one Member State and therefore such approvals should be excluded from the scope of this Regulation.
(9) Individual approvals can be of use for machinery that is circulating in the territory of only one Member State and therefore such approvals should be excluded from the scope of this Regulation. These individual approvals should be granted in accordance with national legislation.
Amendment 9
Proposal for a regulation
Recital 10
(10) Given that small and medium enterprises produce non-road mobile machinery in small series, of which the number of units that are made available on the market, registered or entered into service do not exceed, per year and in each Member State, 50 units per that type, it is appropriate to allow for national small series type-approval and should be therefore excluded from the scope of this Regulation. The manufacturer, should, however, be able to apply for an EU type-approval in order to benefit from the free movement.
(10) Given that small and medium enterprises produce non-road mobile machinery in small series, of which the number of units that are made available on the market, registered or entered into service do not exceed, per year and in each Member State, 10080 units per that type, it is appropriate to allow for national small series type-approval and such type-approval should be therefore excluded from the scope of this Regulation. The manufacturer, should, however, be able to apply for an EU type-approval in order to benefit from the free movement.
Or. en
Amendment 10
Amendment 9
Proposal for a regulation
(11) Given that, in certain instances, non-road mobile machinery, due to its excessive dimensions, would not allow for sufficient manoeuvrability on public roads or, due to its excessive masses, axle loads or ground contact pressure, could damage the surface of public roads or other road infrastructure, it is appropriate to provide the discretion to Member States to prohibit the circulation of such machinery, even if it has been type-approved in accordance with this Regulation.
Or. en
Amendment 11
Amendment 10
Proposal for a regulation
(15) With a view to ensure that the procedure for monitoring conformity of production, which is one of the cornerstones of the EU type-approval system, has been correctly implemented and functions properly, manufacturers should be regularly checked by the competent authority or by an appropriately qualified technical service designated for that purpose.
(15) With a view to ensureensuring that the procedure for monitoring conformity of production, which is one of the cornerstones of the EU type-approval system, has been correctly implemented and functions properly, manufacturers should be regularly checked by the competent authority or by an appropriately qualified technical service, withdesignated for that purpose. Member States should ensure that their approval and market surveillance authorities have the necessary resources, such as sufficient budgetary, human and material resources, designatedincluding a sufficient number of competent personnel, expertise, procedures and other arrangements for thatthe purpose.proper performance of their duties.
Or. en
Amendment 12
Amendment 11
Proposal for a regulation
(22) In order to enable Member States and national authorities as well as economic operators to prepare for the application of the new rules introduced by this Regulation, a date of application falling after the date of the entry into force should be set. It is also necessary to provide for a transitional period allowing the manufacturers, during that period, to comply with this Regulation and benefit from the free movement or to comply with the relevant national type-approval legislation.
(22) In order to enable Member States and national authorities as well as economic operators to prepare for the application of the new rules introduced by this Regulation, a date of application falling after the date of the entry into force should be set. It is also necessary to provide for a transitional period allowing the manufacturers, during that period, to comply with this Regulation and benefit from the free movement or to comply with the relevant national type-approval legislation. SuchThe transitiontransitional period can only be beneficial under the precondition that Union requirements do not become mandatory at national level before the end of the transitiontransitional period. Therefore, without prejudice to Member States’the right of Member States to amend their national type-approval legislation,legislation and in order to avoid a disproportionate burden on national authorities, technical services and economic operators, Member States should still be able to permit the placing on the market, registration or entry into service of type-approved non-road mobile machinery intended to circulate on public roads and type-approved in accordance with the relevant national legislation applicable before the date of application of this Regulation.
Or. en
Amendment 13
Amendment 12
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a. This Regulation applies to towed equipment, where it is placed on the market and intended to circulate on public roads, only to the extent that that equipment is not already covered by the scope of Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2018/858.
Amendment 14
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 – point b
(b) non-road mobile machinery equipped with more than three seating positions when circulating on public roads, including the driver’s seating position;
Or. en
Amendment 15
Amendment 13
Proposal for a regulation
Amendment
(ga) non-road mobile machinery intended forby field-testingthe activitiesmanufacturer carried-outto bycarry theout manufacturer,field tests, which are inherent to the machine development process.
Or. en
Amendment 16
Amendment 14
Proposal for a regulation
Amendment
As regards non-road mobile machinery under individual approval, the manufacturer may choose either to apply for EU type-approval,may, where appropriate, or to comply with the relevant national legislation referredchoose to in point (f) ofapply thefor firstEU subparagraph.type-approval.
Or. en
Amendment 17
Amendment 15
Proposal for a regulation
(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose to perform work;
(1) ‘non-road mobile machinery’ means any self-propelled mobile machinery with a power drive or towed equipment, falling within the scope of Directive 2006/42/EC, that is designed or constructed with the purpose of performing work and might need, whether occasionally or often,regularly, to circulate on public roads, mostly to move from one working place to another;roads.
Or. en
Amendment 18
Amendment 16
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)3
Text proposed by the Commission
Amendment
(1a) ‘towed equipment’ means mobile machinery designed to be towed by a vehicle and intended to perform work having at least one axle and wheels or endless tracks or a combination of wheels and endless tracks and that does not fall within the scope of Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2018/858.
(3) ‘non-road mobile machinery produced in small series’ means the national type-approval of a type of non-road mobile machinery of which the number of units that are made available on the market, registered or entered into service cannot exceed, per year and in each Member State, 50 units per that type;
Or. en
(3) ‘non-road mobile machinery produced in small series’ means the national type-approval of a type of non-road mobile machinery of which the number of units that are made available on the market, registered or entered into service cannot exceed, per year and in each Member State, 80 units per that type;
Amendment 1719
Proposal for a regulation
Article 3 – paragraph 1 – point 323 – introductory part
Text proposed by the Commission
Amendment
(3)(23) ‘non-road mobile machinery produced in small series’type’ means the nationala type-approvalparticular ofcategory aor typeclass of non-road mobile machinerymachinery, ofincluding whichvariants theand numberversions of units that are made available on the market, registered or entered into servicevariants cannotof exceed,that permachinery, yearthat andshares in each Member State,at 50least unitsthe perfollowing thatessential type;respects:
(3) ‘non-road mobile machinery produced in small series’ means the national type-approval of a type of non-road mobile machinery of which the number of units that are made available on the market, registered or entered into service cannot exceed, per year and in each Member State, 100 units per that type;
(23) ‘non-road mobile machinery type’ means non-road mobile machinery, including variants and versions of variants of that machinery, that shares at least the following essential aspects:
Or. en
Amendment 20
Amendment 18
Proposal for a regulation
deleted
Or. en
Amendment 21
Amendment 19
Proposal for a regulation
deleted
Or. en
Amendment 22
Amendment 20
Proposal for a regulation
deleted
Or. en
Amendment 23
Amendment 21
Proposal for a regulation
deleted
Or. en
Amendment 24
Amendment 22
Proposal for a regulation
(c) power drive (internal combustion/hybrid/electric/hybrid-electric),
Or. en
Amendment 25
Amendment 23
Proposal for a regulation
deleted
Or. en
Amendment 26
Amendment 24
Proposal for a regulation
deleted
Or. en
Amendment 27
Amendment 25
Proposal for a regulation
deleted
Or. en
Amendment 28
Amendment 26
Proposal for a regulation
deleted
Or. en
Amendment 29
Amendment 27
Proposal for a regulation
deleted
Or. en
Amendment 30
Amendment 28
Proposal for a regulation
deleted
Or. en
Amendment 31
Amendment 29
Proposal for a regulation
deleted
Or. en
Amendment 32
Amendment 30
Proposal for a regulation
(29) ‘non-road mobile machinery presenting a serious risk’ means non-road mobile machinery that, based on an appropriate risk assessment that takes account of the nature of the hazard and the likelihood of its occurrence, presents a serious risk in relation to the aspects covered by this Regulation;
(29) ‘non-road mobile machinery presenting a serious risk’ means non-road mobile machinery that, based on an appropriate risk assessment that takes account of the nature of the hazard and the likelihood of its occurrence, presents a serious risk in relation to its safe circulation on public roads and other aspects covered by this Regulation;
Or. en
Amendment 33
Amendment 31
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a. Member States shall ensure that their approval and market surveillance authorities have the necessary resources for the proper performance of their duties.
Amendment 34
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1 – point b
(b) due to its excessive weight or masses, the machinery could damage the surface of public roads or other road infrastructure.
(b) due to its excessive weight or masses, axle loads and ground contact pressure, the machinery could damage the surface of public roads or other road infrastructure, unlessunless, in order to limit or prohibit circulation on public roads, one of these parameters is below the threshold value.established by Member States.
Or. en
Amendment 35
Amendment 32
Proposal for a regulation
The Commission is empowered to adopt delegated acts in accordance with Article 47 to supplement this Regulation establishing the thresholds values, including for the machinery’s maximum road laden mass, beyond which the non-road mobile machinery’s dimensions, weight and masses are considered as excessive in the meaning of point (a) and (b) of the first subparagraph. These delegated acts may establish the categories or classes of non-road machinery concerned.
The Commission is empowered to adopt delegated acts in accordance with Article 47 to supplement this Regulation establishing the thresholds values, including for the machinery’s maximum road laden mass,mass on road, beyond which the non-road mobile machinery’s dimensions, weight and masses, axle loads and ground contact pressure are considered as excessive in the meaning of point (a) and (b) of the first subparagraph. These delegated acts may establish the categories or classes of non-road machinery concerned.
Or. en
Amendment 36
Amendment 33
Proposal for a regulation
Article 6 – paragraph 4
Text proposed by the Commission
Amendment
4. Manufacturers shall indicate their name, registered trade name or registered trade mark, and the postal address and the email address at which they can be contacted, on their non-road mobile machinery or, where that is not possible, on its packaging or in a document accompanying that machinery. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
4. Manufacturers shall indicate their name, registered trade name or registered trade mark, and the postal address and the email address at which they can be contacted, on their non-road mobile machinery or, where that is not possible, in a document accompanying that machinery. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
Amendment 37
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Manufacturers who have sufficient reason to believe that a non-road mobile machinery which they have made available on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that non-road mobile machinery into conformity, to withdraw it or to recall it, as appropriate.
Manufacturers who have sufficient reason to believe that a type-approved non-road mobile machinery which they have made available on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that non-road mobile machinery into conformity, to withdraw it or to recall it, as appropriate, and to notify the user of thethat non-conformity.
Or. en
Amendment 38
Amendment 34
Proposal for a regulation
Article 7 – paragraph 2
Text proposed by the Commission
Amendment
2. Manufacturers who have sufficient reason to believe that a non-road mobile machinery which they have made available on the market presents a serious risk shall immediately inform the approval and the market surveillance authorities of the Member States in which the non-road mobile machinery was made available on the market to that effect, giving details of the non-conformity and any corrective measures taken.
2. Manufacturers who have sufficient reason to believe that a non-road mobile machinery which they have made available on the market presents a serious risk shall immediately inform the approval and the market surveillance authorities of the Member States in which the non-road mobile machinery was made available on the market to that effect, giving details of the non-conformity and any corrective measures taken. Manufacturers shall immediately inform the users via appropriate means.
Amendment 39
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 2
Text proposed by the Commission
Amendment
In case of a substantiated complaint, manufacturers shall inform their distributors and importers thereof.
In case of a substantiated complaint, manufacturers shall, as soon as possible, inform their distributors and importers thereof.
Amendment 40
Proposal for a regulation
Article 8 – paragraph 1 – point b
(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a non-road mobile machinery;
(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a type-approved non-road mobile machinery type-approved in accordance with this Regulation;
Or. en
Amendment 41
Amendment 35
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the Commission
Amendment
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed rules on the requirements set out in paragraph 1 for the following elements:
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning detailed, non-discriminatory rules on the requirements related to risks for circulation on public roads set out in paragraph 1 for the following elements:
Amendment 42
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
deleted
Or. en
Amendment 43
Amendment 36
Proposal for a regulation
(p) masses, including technically permissible maximum laden mass on road;
Or. en
Amendment 44
Amendment 37
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point qw
Text proposed by the Commission
Amendment
(q) fuel tanks;
(w) operator’s manual for road use;
deleted
Or. en
Amendment 45
Amendment 38
Proposal for a regulation
(y) on-road information, warnings and markings.
deleted
(y) on-road warnings and markings for lighting and lighting installations.
Or. en
Amendment 46
Amendment 39
Proposal for a regulation
The delegated acts referred to in the first subparagraph may specify the classes or categories concerned by the detailed rules and may provide different detailed rules for different classes or categories of non-road mobile machinery.
Or. en
Amendment 47
Amendment 40
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2a. When adopting the delegated acts referred to in [paragraph 2], the Commission shall ensure that the requirements laid down in those delegated acts are aligned and consistent with, and complementary to requirements applicable to non-road mobile machinery pursuant to other acts of Union law, in particular Regulation (EU) 2023/1230.
In the preparation of those delegated acts, the Commission shall carry out appropriate consultations, including with the relevant stakeholders.
Amendment 48
Proposal for a regulation
Article 16 – paragraph 1
1. Non-road mobile machinery intended for circulation on public roads shall not be made available on the market, registered or entered into service, unless it is in conformity with this Regulation.
Or. en
Amendment 49
Amendment 41
Proposal for a regulation
(c) the EU declaration of conformity provided for in the applicable Union legislation harmonising the conditions for the marketing of products;
(c) a templatecopy of the EU declaration of conformity provided for in the applicable Union legislation harmonising the conditions for the marketing of products;
Or. en
Amendment 50
Amendment 42
Proposal for a regulation
Article 19 – paragraph 4 – point b
Text proposed by the Commission
Amendment
(b) index listing the contents of the information package, suitably numbered or otherwise marked so as to identify clearly all the pages and the format of each document such as to present a record of the successive steps in the management of the EU type-approval, in particular the dates of revisions and updating. The approval authority shall keep information contained in the information package available for a period of 10 years after the end of validity of the approval concerned.
(b) index listing the contents of the information package, suitably numbered and presenting a record of the successive steps in the management of the EU type-approval, in particular the dates of revisions and updates. The approval authority shall keep information contained in the information package available for a period of 10 years after the end of validity of the approval concerned.
Amendment 51
Proposal for a regulation
Article 22 – paragraph 1
1. An approval authority which grants an EU type-approval shall take the necessary measures to verify, directly or on the basis of the verification already carried out by the approval authority of another Member State, that adequate production arrangements have been made to ensure that the non-road mobile machinery in production conforms to the approved type and documented control plans, to be agreed with the holder of EU type-approval for each approval.
Or. en
Amendment 52
Amendment 43
Proposal for a regulation
3. An approval authority which has granted an EU type-approval shall take the necessary measures in relation to that approval to verify, if necessary in cooperation with the approval authorities of the other Member States, that the arrangements referred to in paragraphs 1 and 2 continue to be adequate so that non-road mobile machinery in production will continue to conform to the approved type and that certificates of conformity continue to comply with Article 27.
3. An approval authority which has granted an EU type-approval shall take the necessary measures in relation to that approval to verify, directly or on the basis of the verification already carried out by the approval authority of another Member State, that the arrangements referred to in paragraphs 1 and 2 continue to be adequate so that non-road mobile machinery in production will continue to conform to the approved type and that certificates of conformity continue to comply with Article 27.
Or. en
Amendment 53
Amendment 44
Proposal for a regulation
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning the detailed arrangements with regard to conformity of production.
The Commission is empowered to adopt delegated acts in accordance with Article 47 concerning the detailed arrangements with regard to conformity of production, such as the detailed rulesconditions under which Memberapproval Statesauthorities cannotmay not refuse the verification already carried out by the approval authority of another Member State.
Or. en
Amendment 54
Amendment 45
Proposal for a regulation
However, in the case of the first subparagraph, point (b), the EU type-approval and the relevant EU type-approval certificate shall become invalid 18 months after the date of applicability of the new requirements referred to in the first subparagraph, point (b).
However, in the case of the first subparagraph, point (b), the EU type-approval and the relevant EU type-approval certificate shall become, for placing non-road mobile machinery on the market,market shall become invalid 24 months after the date of applicability of the new requirements referred to in the first subparagraph, point (b).
Or. en
Amendment 55
Amendment 46
Proposal for a regulation
Article 26 – paragraph 7
Text proposed by the Commission
Amendment
7. The communication referred to in paragraph 6 shall specify, in particular, the date of production and the vehicle identification number of the last non-road mobile machinery produced.
7. The communication referred to in paragraph 6 shall specify, in particular, the date of production and the unique identification number of the last non-road mobile machinery produced.
Amendment 56
Proposal for a regulation
Article 28 – paragraph 1
Text proposed by the Commission
Amendment
1. The manufacturer of a non-road mobile machinery shall affix to each non-road mobile machinery manufactured in conformity with the approved type a statutory plate with marking.
1. The manufacturer shall affix to each non-road mobile machinery manufactured in conformity with the approved type a statutory plate with marking.
Amendment 57
Proposal for a regulation
Article 32 – paragraph 1
Text proposed by the Commission
Amendment
1. Where, after having performed the evaluation pursuant to Article 31, the market surveillance authority finds that a non-road mobile machinery presents a serious risk, it shall require without delay that the relevant economic operator take all appropriate corrective measures without delay to ensure that the non-road mobile machinery concerned no longer presents that risk.
1. Where, after having performed the evaluation pursuant to Article 31, the market surveillance authority finds that a non-road mobile machinery presents a serious risk or is not in conformity with this Regulation, it shall require without delay that the relevant economic operator take all appropriate corrective measures without delay to ensure that the non-road mobile machinery concerned no longer presents that risk or is brought into conformity. That period shall be proportionate to the seriousness of the risk or non-conformity.
Amendment 58
Proposal for a regulation
Article 32 – paragraph 2
Text proposed by the Commission
Amendment
2. Where, after having performed the evaluation pursuant to Article 31, the market surveillance authority finds that a non-road mobile machinery is not in conformity with this Regulation and that it does not present a serious risk as referred to in paragraph 1, that authority shall require without delay that the relevant economic operator takes all appropriate corrective measures within a reasonable period to bring that machinery into conformity. That period shall be proportionate to the seriousness of non-compliance.
deleted
Amendment 59
Proposal for a regulation
Article 32 – paragraph 4
Text proposed by the Commission
Amendment
4. Where economic operators do not take appropriate corrective measures within the relevant period referred to in paragraph 1 or 2 or where the risk requires rapid action, the national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, the registration, including a prohibition from circulating on public roads, or the entry into service of the concerned non-road mobile machinery, on their national market, or to withdraw them from that market or to recall them.
4. Where economic operators do not take appropriate corrective measures within the required period or where the risk requires rapid action, the national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, the registration, including a prohibition from circulating on public roads, or the entry into service of the concerned non-road mobile machinery, on their national market, or to withdraw them from that market or to recall them.
Amendment 60
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
The market surveillance authority taking either a corrective or a restrictive measures in accordance with Article 32 shall notify the Commission and the national authorities of other Member States without delay, by means of the information and communication system referred to in Article 34(1) of Regulation (EU) 2019/1020.
The market surveillance authority taking corrective or restrictive measures in accordance with Article 32 shall notify the Commission and the national authorities of other Member States without delay, by means of the information and communication system referred to in Article 34(1) of Regulation (EU) 2019/1020.
Amendment 61
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
It shall also inform without delay the approval authority that granted the approval about its findings. In the cases of non-road machinery that presents a serious risk the corrective or restrictive measures shall also be notified via the Rapid Information Exchange System (RAPEX) referred to in Article 12 of Directive 2001/95/EC of the European Parliament and of the Council31 .
It shall also inform without delay the approval authority that granted the approval about its findings. In the cases of non-road machinery that presents a serious risk those measures shall also be notified via the Rapid Information Exchange System (RAPEX) referred to in Article 12 of Directive 2001/95/EC of the European Parliament and of the Council31.
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31 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).
31 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).
Amendment 62
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
Text proposed by the Commission
Amendment
The information provided in accordance with the first and second subparagraph shall include all available details, including the data necessary for the identification of the concerned non-road mobile machinery, the origin of that mobile machinery, the nature of the alleged non-compliance or the risk involved, the nature and duration of the national corrective and restrictive measures taken, and the arguments put forward, when those arguments are put forward, by the relevant economic operator.
The information provided in accordance with the first and second subparagraph shall include all available details, including the data necessary for the identification of the concerned non-road mobile machinery, its origin, the nature of the alleged non-compliance or the risk involved, the nature and duration of the national measures taken, and the arguments put forward, when those arguments are put forward, by the relevant economic operator.
Amendment 63
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Text proposed by the Commission
Amendment
2. The Member State that takes the corrective or restrictive measure shall indicate whether the risk or the non-compliance is due to the following:
2. The Member State that takes the measure shall indicate whether the risk or the non-compliance is due to the following:
Amendment 64
Proposal for a regulation
Article 33 – paragraph 3
Text proposed by the Commission
Amendment
3. Member States other than the Member State that takes corrective or restrictive measures shall inform within one month after the notification referred to in paragraph 1, the Commission and the other Member States of any corrective or restrictive measures they have adopted and of any information at their disposal relating to the non-compliance or the risk of the non-road mobile machinery concerned, as well as, in the event of disagreement with the notified national measure, of their objections.
3. Member States other than the Member State that takes measures shall inform within one month after the notification referred to in paragraph 1, the Commission and the other Member States of any measures they have adopted and of any information at their disposal relating to the non-compliance or the risk of the non-road mobile machinery concerned, as well as, in the event of disagreement with the notified national measure, of their objections.
Amendment 65
Proposal for a regulation
Article 33 – paragraph 4
Text proposed by the Commission
Amendment
4. Where, within three months after the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a notified national measure, the other Member States shall ensure that similar corrective or restrictive measures are taken without delay within their territories in respect of the non-road mobile machinery concerned.
4. Where, within three months after the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a notified national measure, the other Member States shall ensure that similar measures are taken without delay within their territories in respect of the non-road mobile machinery concerned.
Amendment 66
Proposal for a regulation
Article 33 – paragraph 6
Text proposed by the Commission
Amendment
6. On the basis of the consultation referred to in paragraph 5, the Commission shall adopt implementing acts to decide on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
6. On the basis of the consultation referred to in paragraph 5, the Commission shall adopt implementing acts to decide on harmonised measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
Amendment 67
Proposal for a regulation
Article 34 – paragraph 2
2. The manufacturer shall make available to users all relevant information and necessary instructions describing any conditions or restrictions linked to the use of a non-road mobile machinery. The approval authorities shall provide guidance on the minimum information and instructions that need to be made available.
Or. en
Amendment 68
Amendment 47
Proposal for a regulation
Article 4634 – paragraph 13
Text proposed by the Commission
Amendment
1. The Commission shall be assisted by the ‘Technical Committee — Agricultural Vehicles’ (TC-AV), established under Article 69 of Regulation (EU) No 167/2013, which is a committee within the meaning of Regulation (EU) No 182/2011.
3. The information referred to in paragraph 2 shall be provided in the operator’s manual for road use.
1. The Commission shall be assisted by the ‘Technical Committee — Agricultural Vehicles’ (TC-AV), established under Article 69 of Regulation (EU) No 167/2013, which is a committee within the meaning of Regulation (EU) No 182/2011. The Commission shall invite additional experts from relevant sectors subject to this Regulation to ensure that all sectors are adequately represented.
3. The information referred to in paragraph 2 shall be provided in the operator’s manual for road use, or as a separate part of the other operator’s instructions.
Or. en
Amendment 69
Amendment 48
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 – point b
Text proposed by the Commission
Amendment
(b) in paper or electronic format.
(b) in paper or in an easily accessible electronic format.
Amendment 70
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 2
Text proposed by the Commission
Amendment
When the operator’s manual is provided in electronic format, the manufacturer shall provide information in printed or paper format on how to access or find that manual, in the official languages of the Member State where the non-road mobile machinery is to be placed on the market, registered or entered into service.
When the operator’s manual is provided in electronic format, the manufacturer shall provide information on how to access or find that manual, in the official languages of the Member State where the non-road mobile machinery is to be placed on the market, registered or entered into service.
Amendment 71
Proposal for a regulation
Article 35 – paragraph 6
Text proposed by the Commission
Amendment
6. A technical service and its personnel shall carry out the categories of activities for which it has been designated with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their assessment activities, especially such pressures or inducements emanating from persons or groups of persons with an interest in the results of those activities.
6. A technical service and its personnel shall be independent and carry out the categories of activities for which it has been designated with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their assessment activities, especially such pressures or inducements emanating from persons or groups of persons with an interest in the results of those activities.
Amendment 72
Proposal for a regulation
Article 40 – paragraph 1
Text proposed by the Commission
Amendment
1. The designating approval authority shall draw up an assessment report demonstrating that the candidate technical service has been assessed for its compliance with the requirements of this Regulation and the delegated acts adopted pursuant to this Regulation. That report may include a certificate of accreditation issued by an accreditation body.
1. The designating approval authority shall draw up an assessment report demonstrating that the candidate technical service and, where relevant, any subsidiary or sub-contractor, has been assessed for its compliance with the requirements of this Regulation and the delegated acts adopted pursuant to this Regulation. That report may include a certificate of accreditation issued by an accreditation body.
Amendment 73
Proposal for a regulation
Article 47 – paragraph 5 a (new)
Text proposed by the Commission
Amendment
5a. The Commission shall adopt the delegated acts referred to in Article 4(5), Article 15(2), Article 21(9), Article 22(6) and Article 39 before … [24 months from the date of entry into force of this Regulation].
Amendment 74
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 3
Whenever relevant, technical services, representatives of the European Parliament, of the industry and of the relevant economic operators, as well as of stakeholders involved in safety matters related to road circulation, shall be invited as observers to the Forum in accordance with the rules of procedures referred to in paragraph 6.
Or. en
Amendment 75
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
From [date of entry into force], national authorities shall not refuse to grant EU type-approval for new non-road mobile machinery, or prohibit the placing on the market, registration, or entry into service of new non-road mobile machinery when it is in compliance with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, if a manufacturer so requests.
EXPLANATORY STATEMENT
As the discussions of EU type-approval for non-road mobile machinery has long been the subject of debate between stakeholders and the European Commission, the rapporteur is pleased that this excellent proposal is finally on the table. The rapporteur trusts the Member States to take this up and contribute further to the deepening of the internal market for these machines.
ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawnPursuant upto onArticle a8 purelyof voluntaryAnnex basisI underto the exclusive responsibilityRules of Procedure, the rapporteur.rapporteur Thedeclares rapporteurthat he has received input from the following entities or persons in the preparation of the [draft report / report, until the adoption thereof in committee]:committee:
Entity and/or person
CECE
CEMA
EUnited
CNH Industrial
ANNEX: LIST OF ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the [draft report / report, until the adoption thereof in committee]:
Entity and/or person
ANNEX: LIST OF ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the [draft report / report, until the adoption thereof in committee]:
Entity and/or person
The Regulatory Institute
Belgian Mission to the EU
Agoria
CECE - Committee for European Construction Equipment
TÜV-Verband
AVR
CEMA - European Agricultural Machinery Industry Association
AGORIA
EUnited aisbl - European Engineering Industries Association
ETUC - European Trade Union Confederation
FEM aisbl - European Materials Handling Federation
Regulatory Institute ASBL
Permanent Representation of the Kingdom of the Netherlands to the European Union
The list above is drawn up under the exclusive responsibility of the rapporteur.
PROCEDURE – COMMITTEE RESPONSIBLE
Title
Approval and market surveillance of non-road mobile machinery circulating on public roads and amending Regulation (EU) 2019/1020
References
COM(2023)0178 – C9-0120/2023 – 2023/0090(COD)
Date submitted to Parliament
30.3.2023
Committee responsible
Date announced in plenary
IMCO
17.4.2023
Committees asked for opinions
Date announced in plenary
ENVI
17.4.2023
Not delivering opinions
Date of decision
ENVI
27.4.2023
Rapporteurs
Date appointed
Tom Vandenkendelaere
24.5.2023
Discussed in committee
17.7.2023
9.10.2023
25.10.2023
Date adopted
28.11.2023
Result of final vote
+:
–:
0:
38
2
0
Members present for the final vote
Andrus Ansip, Pablo Arias Echeverría, Laura Ballarín Cereza, Alessandra Basso, Adam Bielan, Biljana Borzan, Vlad-Marius Botoş, Anna Cavazzini, Dita Charanzová, Deirdre Clune, David Cormand, Sandro Gozi, Virginie Joron, Eugen Jurzyca, Włodzimierz Karpiński, Arba Kokalari, Marcel Kolaja, Kateřina Konečná, Andrey Kovatchev, Jean-Lin Lacapelle, Antonius Manders, Beata Mazurek, Leszek Miller, Anne-Sophie Pelletier, Miroslav Radačovský, René Repasi, Christel Schaldemose, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Tom Vandenkendelaere, Kim Van Sparrentak, Marion Walsmann
Substitutes present for the final vote
Francisco Guerreiro, Ivars Ijabs, Kosma Złotowski, Marco Zullo
Substitutes under Rule 209(7) present for the final vote
João Albuquerque, Petar Vitanov, Stefania Zambelli
Date tabled
1.12.2023
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
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