On the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of non-road mobile machinery circulating on public roads and amending Regulation (EU) 2019/1020
A-9-2023-0382
Committee on the Internal Market and Consumer Protection · Rapporteur: Tom Vandenkendelaere
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Parliament's amended version of the Commission proposal for a regulation on the approval and market surveillance of non-road mobile machinery circulating on public roads, and amending Regulation (EU) 2019/1020. It sets an EU type-approval system for such machinery, with exclusions for field-testing prototypes, individual approvals and small series.¶¶¶ It raises the small-series limit to 80 units per year per Member State and per type, and lets manufacturers choose national or EU type-approval. It widens the definition of a machinery type and variant.¶¶¶ It requires Member States to give approval and market surveillance authorities sufficient resources, and requires approval authorities to accept verification already carried out by another Member State.¶¶¶ It extends the validity of existing EU type-approvals to 24 months after new requirements apply, and requires the Commission to adopt delegated acts within 24 months of entry into force.¶¶ It strengthens manufacturer duties to inform users of non-conformity and serious risks, and market surveillance rules on corrective and restrictive measures, including notification via RAPEX.¶¶¶
Committee position. The rapporteur supports the proposal's objectives and proposes six key changes: a clearer scope excluding field-testing and clarifying small series and individual approvals; wider definitions of type and variant; avoiding overlap with the Machinery Product Regulation; extending the lead time for existing types to 24 months; compulsory acceptance of production-arrangement approvals by other Member States; and stronger involvement of industry stakeholders.¶¶¶
Key points
- The regulation applies to towed equipment placed on the market and intended to circulate on public roads only where not already covered by Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2018/858.¶¶
- Machinery equipped with more than three seating positions, including the driver's, when circulating on public roads is excluded from the regulation.¶¶
- The regulation covers only machinery placed on the Union market for the first time: new machinery made by a manufacturer established in the Union, or new or second-hand machinery imported from a third country.¶
- It applies to machinery intended to circulate on public roads regardless of how it is powered, including electric and hybrid machinery, without prejudice to electric safety requirements under Regulation (EU) 2023/1230.¶
- Temporary placing on the market of non-road mobile machinery for field-testing prototypes is excluded from the regulation and allowed.¶¶
- Individual approvals are excluded and are to be granted under national legislation; manufacturers may choose to apply for EU type-approval instead.¶¶
- National small series type-approval is allowed and excluded from the regulation for types of which no more than 80 units per year and per Member State are made available, registered or entered into service.¶¶
- Member States may prohibit circulation of machinery whose excessive dimensions, masses, axle loads or ground contact pressure could damage public roads or other road infrastructure, even if type-approved.¶¶
- Member States must ensure approval and market surveillance authorities have the necessary resources, including budgetary, human and material resources, personnel, expertise and procedures.¶¶
- Manufacturers must inform users of non-conformity and of serious risks, and must inform distributors and importers of substantiated complaints as soon as possible.¶¶¶
- Market surveillance authorities may require corrective measures for serious risks or non-conformity, and may take provisional restrictive measures such as prohibiting circulation on public roads; serious risks must also be notified via RAPEX.¶¶¶
- EU type-approvals become invalid 24 months after new requirements apply, and the Commission must adopt delegated acts under Articles 4(5), 15(2), 21(9), 22(6) and 39 within 24 months of entry into force.¶¶
Who is affected
- Manufacturers of non-road mobile machinery: must meet conformity, information and user-notification duties, and may choose national or EU type-approval for small series and individual approvals.¶¶¶
- Member States and their approval and market surveillance authorities: must provide sufficient resources and may prohibit circulation of oversized or overweight machinery.¶¶¶
- Technical services: must be independent and carry out designated activities with professional integrity, free from pressures and inducements.¶
- Users of non-road mobile machinery: must receive information on conditions or restrictions of use and be informed of non-conformity and serious risks.¶¶¶
Figures and deadlines
- 80 units per year and per Member State per type: maximum for national small series type-approval.¶¶
- 24 months: period after which EU type-approval and certificate become invalid after new requirements apply.¶
- 24 months from entry into force: deadline for the Commission to adopt delegated acts under Articles 4(5), 15(2), 21(9), 22(6) and 39.¶
- 10 years after the end of validity of the approval: period for which the approval authority must keep the information package available.¶
- One month after notification: deadline for other Member States to inform the Commission and other Member States of measures adopted and objections.¶
- Three months after notification: period after which, if no objection is raised, other Member States must take similar measures.¶
Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.¶