Sittings · Document

REPORT (COM(2023)0178 – C90120/2023 – 2023/0090(COD)) 2023-12-01

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

Committee on the Internal Market and Consumer Protection · Rapporteur: Tom Vandenkendelaere

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2023)0178 – C90120/2023 – 2023/0090(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (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 Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 14 June 2023,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on the Internal Market and Consumer Protection (A9-0382/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(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) 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’) 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.

__________________

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).

Amendment 2

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(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 intended to circulate on public roads.

Amendment 3

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

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 that, in practice, will most likely not circulate on public roads should be excluded from the scope of this Regulation.

Amendment 4

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(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, including the driver’s seating position, should also be excluded from this Regulation.

(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.

Amendment 5

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a) This Regulation should cover only non-road mobile machinery that is placed on the Union market for the first 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.

Amendment 6

Proposal for a regulation

Recital 7 b (new)

Text proposed by the Commission

Amendment

(7b) This Regulation should apply to non-road mobile machinery intended to circulate on public roads irrespective of how the machinery is powered and, therefore, should also apply to electric and hybrid 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 European Parliament and of the Council.

Amendment 7

Proposal for a regulation

Recital 7 c (new)

Text proposed by the Commission

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 tests, which are inherent to the machine development process, the temporary placing on the market of non-road mobile machinery that has not yet been EU type-approved 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.

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

Text proposed by the Commission

Amendment

(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, 80 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.

Amendment 10

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(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 weight or masses, 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.

(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.

Amendment 11

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(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 ensuring 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. Member States should ensure that their approval and market surveillance authorities have the necessary resources, such as sufficient budgetary, human and material resources, including a sufficient number of competent personnel, expertise, procedures and other arrangements for the proper performance of their duties.

Amendment 12

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(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. The transitional period can only be beneficial under the precondition that Union requirements do not become mandatory at national level before the end of the transitional period. Therefore, without prejudice to the right of Member States to amend their national type-approval legislation and in order to avoid a disproportionate burden on national authorities, technical services and economic operators, Member States should 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 in accordance with the relevant national legislation applicable before the date of application of this Regulation.

Amendment 13

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

Text proposed by the Commission

Amendment

(b) non-road mobile machinery equipped with more than three seating positions, including the driver’s seating position;

(b) non-road mobile machinery equipped with more than three seating positions when circulating on public roads, including the driver’s seating position;

Amendment 15

Proposal for a regulation

Article 2 – paragraph 2 – subparagraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(ga) non-road mobile machinery intended by the manufacturer to carry out field tests, which are inherent to the machine development process.

Amendment 16

Proposal for a regulation

Article 2 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

As regards non-road mobile machinery under individual approval, the manufacturer may, where appropriate, choose to apply for EU type-approval.

Amendment 17

Proposal for a regulation

Article 3 – paragraph 1 – point 1

Text proposed by the Commission

Amendment

(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 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 regularly, to circulate on public roads.

Amendment 18

Proposal for a regulation

Article 3 – paragraph 1 – point 3

Text proposed by the Commission

Amendment

(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;

Amendment 19

Proposal for a regulation

Article 3 – paragraph 1 – point 23 – introductory part

Text proposed by the Commission

Amendment

(23) ‘non-road mobile machinery type’ means a particular category or class of non-road mobile machinery, including variants and versions of variants of that machinery, that shares in at least the following essential respects:

(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:

Amendment 20

Proposal for a regulation

Article 3 – paragraph 1 – point 23 – point a

Text proposed by the Commission

Amendment

(a) category or class,

deleted

Amendment 21

Proposal for a regulation

Article 3 – paragraph 1 – point 23 – point e

Text proposed by the Commission

Amendment

(e) backbone chassis/chassis with side members/articulated chassis (obvious and fundamental differences),

deleted

Amendment 22

Proposal for a regulation

Article 3 – paragraph 1 – point 23 – point f

Text proposed by the Commission

Amendment

(f) axles (number) or tracks (number),

deleted

Amendment 23

Proposal for a regulation

Article 3 – paragraph 1 – point 23 – point g

Text proposed by the Commission

Amendment

(g) in the case of multi-stage built non-road mobile machinery, the manufacturer and the type of the previous stage non-road mobile machinery;

deleted

Amendment 24

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point c

Text proposed by the Commission

Amendment

Amendment 25

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point e

Text proposed by the Commission

Amendment

(e) number and arrangement of cylinders,

deleted

Amendment 26

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point f

Text proposed by the Commission

Amendment

(f) power difference of no more than 30 % (the highest power being no more than 1,3 times the lowest power),

deleted

Amendment 27

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point g

Text proposed by the Commission

Amendment

(g) cylinder capacity difference of no more than 20 % (the highest figure being no more than 1,2 times the lowest figure),

deleted

Amendment 28

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point i

Text proposed by the Commission

Amendment

(i) steered axles (number and position),

deleted

Amendment 29

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point j

Text proposed by the Commission

Amendment

(j) maximum laden mass differing by no more than 10 %,

deleted

Amendment 30

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point l

Text proposed by the Commission

Amendment

(l) rollover protection structure,

deleted

Amendment 31

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point m

Text proposed by the Commission

Amendment

(m) braked axles (number);

deleted

Amendment 32

Proposal for a regulation

Article 3 – paragraph 1 – point 29

Text proposed by the Commission

Amendment

(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;

Amendment 33

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

Text proposed by the Commission

Amendment

(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, unless, in order to limit or prohibit circulation on public roads, one of these parameters is below the threshold established by Member States.

Amendment 35

Proposal for a regulation

Article 4 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

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 laden 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.

Amendment 36

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

Text proposed by the Commission

Amendment

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 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 that non-conformity.

Amendment 38

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.

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

Text proposed by the Commission

Amendment

(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;

Amendment 41

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

Text proposed by the Commission

Amendment

(a) vehicle structure integrity;

deleted

Amendment 43

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 1 – point p

Text proposed by the Commission

Amendment

(p) masses, including maximum on-road laden mass;

(p) masses, including technically permissible maximum laden mass on road;

Amendment 44

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 1 – point w

Text proposed by the Commission

Amendment

(w) operator’s manual for road use;

deleted

Amendment 45

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 1 – point y

Text proposed by the Commission

Amendment

(y) on-road information, warnings and markings.

(y) on-road warnings and markings for lighting and lighting installations.

Amendment 46

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 4

Text proposed by the Commission

Amendment

The delegated acts referred to in the first subparagraph shall 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.

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.

Amendment 47

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

Text proposed by the Commission

Amendment

1. Non-road mobile machinery shall not be made available on the market, registered or entered into service, unless it is in conformity with this Regulation.

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.

Amendment 49

Proposal for a regulation

Article 18 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) the EU declaration of conformity provided for in the applicable Union legislation harmonising the conditions for the marketing of products;

(c) a copy of the EU declaration of conformity provided for in the applicable Union legislation harmonising the conditions for the marketing of products;

Amendment 50

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

Text proposed by the Commission

Amendment

1. An approval authority which grants an EU type-approval shall take the necessary measures to verify, if necessary in cooperation with the approval authorities of the other Member States, 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.

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.

Amendment 52

Proposal for a regulation

Article 22 – paragraph 3

Text proposed by the Commission

Amendment

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.

Amendment 53

Proposal for a regulation

Article 22 – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

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 conditions under which approval authorities may not refuse the verification already carried out by the approval authority of another Member State.

Amendment 54

Proposal for a regulation

Article 26 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

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 for placing non-road mobile machinery on the market shall become invalid 24 months after the date of applicability of the new requirements referred to in the first subparagraph, point (b).

Amendment 55

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.

__________________

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

Text proposed by the Commission

Amendment

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.

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.

Amendment 68

Proposal for a regulation

Article 34 – paragraph 3

Text proposed by the Commission

Amendment

3. The information referred to in paragraph 2 shall be provided in the operator’s manual for road use.

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.

Amendment 69

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

Text proposed by the Commission

Amendment

Whenever appropriate, 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, may be invited as observers to the Forum in accordance with the rules of procedures referred to in paragraph 6.

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.

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

1. Background

On 23 March 2023, the Commission submitted to the European Parliament and to the Council a 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. Mobile machinery might need, whether occasionally or often, to circulate on public roads, mostly to move from one working place to another. The Commission aims at non-road mobile machinery used, among other things, for construction, agricultural, garden, forestry, material handling and municipal applications (such as harvesters, sprayers, loaders, excavators, mobile cranes, ride-on mowers, forklifts, telehandlers, street sweepers, lifting platforms or snow cleaners). This proposal aims to fill a gap in the single market, which celebrates its 30th anniversary this year, for these non-road mobile machinery by introducing an EU-wide type-approval for non-road mobile machinery.

2. Draft Report

The Rapporteur fully supports the overall objectives of the proposed Regulation, namely to harmonise at EU level the technical requirements for the approval of non-road mobile machinery, ensuring a high level of road safety and eliminating barriers to the free circulation of such machinery on the EU Single Market by reducing fragmentation. The rapporteur is convinced that the proposed Regulation has the full potential to achieve all these objectives. In line with the Commission's proposals, the rapporteur wants to make type-approval simpler and more harmonised across the European Union, without placing unnecessary additional obligations and administration on manufacturers. The rapporteur is convinced that through this Regulation we can achieve a high level of safety across the European Union when these machines circulate on the roads.

With these objectives in mind and in order to further improve the text, the rapporteur proposes six key changes to the text:

I. Clear scope (Art. 2): the rapporteur believes that non-road mobile machinery intended for field-testing activities carried out by the manufacturer, which are inherent to the machine development process, should be kept out of scope of the Regulation. Furthermore, the rapporteur suggests some clear language on the rules for small series and individual approvals, for which manufacturers should, even after the transition period, still have the possibility to choose between national or EU type-approval.

II. Wider definition of a ‘type’ and ‘variant’ (Art. 3): the rapporteur proposes to make the definition of a non-road mobile machinery type and a variant less strict, in order to allow for more flexibility to accommodate for small volumes and for the manufacturer to have more very similar machines EU type-approved under the same type or variant.

III. Avoid uneccessary overlap with the Machinery Product Regulation (Art. 3 and Art. 15): the rapporteur is convinced that this non-road mobile machinery Regulation should not overlap with the upcoming Machinery Product Regulation. Both in terms of serious risks, which should be clearly linked to circulation on public roads, and in terms of technical requirements, of which some are already sufficiently covered by the Machinery Product Regulation.

IV. Longer harmonised lead time in relation to validity of existing types (Art. 16): the rapporteur supports the introduction of a harmonised lead time in relation to the validity of existing types when new requirements are introduced on EU-level. However, for seasonal machines, such as specific agricultural machinery, the period of 18 months in the proposal for Regulation should be extended to 24 months. This is already the end of series time period granted for tractors and this is justified by the fact that new requirements need a minimum of two seasons to be tested and validated.

V. Compulsory acceptance of approval of adequate production arrangements (Art. 22): while the Commission for the conformity of production arrangements only obliges approval authorities to cooperate with approval authorities of other Member States, the rapporteur is convinced that the approval done by one Member State should easily be accepted by another Member States under the conditions specified by the Commission in a delegated act.

VI. Involvement of industry stakeholders (Art. 46 and Art. 49): the rapporteur finds a stronger involvement of the industry is needed. Therefore, both in the committee procedure and in the newly established forum, the rapporteur strengthened the language on involvement of the industry stakeholders from all relevant sectors.

3. Conclusions

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: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

Entity and/or person

Belgian Mission to the EU

CECE - Committee for European Construction Equipment

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

–:

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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