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

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

IMCO-PR-750138

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

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This is the rapporteur's draft report on the Commission proposal for a regulation on the approval and market surveillance of non-road mobile machinery circulating on public roads, amending Regulation (EU) 2019/1020. It adopts a first-reading position with 48 amendments. The amendments narrow the scope to machinery intended to circulate on public roads, exclude field-testing prototypes, and allow manufacturers to choose national or EU type-approval for small series and individual approvals. They widen the definition of a type and variant, raise the small-series limit to 100 units per year per Member State, and align serious-risk and technical requirements with the machinery rules. They extend the validity of existing type-approvals to 24 months when new requirements apply, make approval authorities accept each other's production checks, and strengthen industry involvement in the committee and forum.

Committee position. The rapporteur supports the proposal's objectives and proposes six key changes: a clear scope, wider definitions of type and variant, avoiding overlap with the Machinery Product Regulation, a 24-month lead time for existing types, compulsory acceptance of production arrangements approved by another Member State, and stronger industry involvement.

Key points

  1. Parliament adopts its first-reading position as set out in the amendments and calls on the Commission to refer the matter to Parliament again if it substantially amends its proposal.
  2. The regulation should cover only machinery clearly intended to circulate on public roads, and exclude machinery that will most likely not circulate on public roads.
  3. Machinery with more than three seating positions when circulating on public roads, including the driver's, is excluded from the regulation.
  4. The regulation covers only machinery new to the Union market, whether made in the Union or imported, and applies regardless of power source, including electric and hybrid machinery.
  5. Temporary placing on the market of machinery for field-testing prototypes is excluded from scope and allowed, and such machinery is excluded from the regulation.
  6. National small-series type-approval is allowed for up to 100 units per type per year in each Member State, and manufacturers may still apply for EU type-approval.
  7. Member States may prohibit circulation of machinery whose excessive dimensions, masses, axle loads or ground contact pressure could damage roads or infrastructure, with thresholds set by delegated acts.
  8. Manufacturers must notify users of non-conformity and take corrective measures, and must provide approval authorities with documentation on conformity of production.
  9. The definition of a type and variant is made less strict by deleting several criteria, and the power drive replaces the engine in variant criteria.
  10. Serious risk is linked to circulation on public roads and other aspects covered by the regulation, and some technical requirements are deleted to avoid overlap with machinery rules.
  11. EU type-approval and its certificate become invalid 24 months after new requirements apply, instead of 18 months.
  12. Approval authorities must accept verification already carried out by another Member State, and the Commission is empowered to adopt delegated acts on detailed arrangements.

Who is affected

  • Manufacturers of non-road mobile machinery, who gain flexibility on type definitions, small series and field-testing, but must notify users of non-conformity.
  • Small and medium enterprises producing small series, for which the national small-series limit rises to 100 units per year per Member State.
  • Approval authorities and technical services, which must accept each other's production verification and have sufficient resources.
  • Member States, which may prohibit circulation of oversized or overweight machinery and may keep national type-approval during transition.
  • Industry stakeholders, who are to be more involved in the committee procedure and the forum.

Figures and deadlines

  • 100 units per year and per Member State per type for small-series type-approval.
  • 24 months after new requirements apply before EU type-approval and certificate become invalid.
  • More than three seating positions, including the driver's, excludes machinery from scope.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union.