Sittings · Document

DRAFT REPORT (COM(2023)0178 – C90120/2023 – 2023/0090(COD)) 2023-06-28

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

PR_COD_1amCom

Symbols for procedures

* Consultation procedure

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

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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 Rules 59 of its Rules of Procedure,

– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2023),

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) 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’) 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).

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

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.

(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

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.

Or. en

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.

Or. en

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 new to the Union market when placed on the market 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

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 the power source and thus also to electric and hybrid ones. This Regulation should be without prejudice to the electric safety requirements related to electric drives laid down by the Regulation on machinery.

Or. en

Amendment 7

Proposal for a regulation

Recital 7 c (new)

Text proposed by the Commission

Amendment

(7c) In order for manufacturers to carry out field-testing activities, which are inherent to the machine development process, the temporary placing on the market of non-road mobile machinery that have not 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 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, 100 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 9

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.

Or. en

Amendment 10

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 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, with sufficient human and material resources, designated for that purpose.

Or. en

Amendment 11

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.

(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. Such transition can only be beneficial under the precondition that Union requirements do not become mandatory at national level before the end of the transition period. Therefore, without prejudice to Member States’ right to amend their national type-approval legislation, 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 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 12

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;

Or. en

Amendment 13

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 for field-testing activities carried-out by the manufacturer, which are inherent to the machine development process.

Or. en

Amendment 14

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 choose either to apply for EU type-approval, where appropriate, or to comply with the relevant national legislation referred to in point (f) of the first subparagraph.

Or. en

Amendment 15

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 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, to circulate on public roads, mostly to move from one working place to another;

Or. en

Amendment 16

Proposal for a regulation

Article 3 – paragraph 1 – point 1 a (new)

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.

Or. en

Amendment 17

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;

(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;

Or. en

Amendment 18

Proposal for a regulation

Article 3 – paragraph 1 – point 23 – point a

Text proposed by the Commission

Amendment

(a) category or class,

deleted

Or. en

Amendment 19

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

Or. en

Amendment 20

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

Or. en

Amendment 21

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

Or. en

Amendment 22

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point c

Text proposed by the Commission

Amendment

(c) engine (internal combustion/hybrid/electric/hybrid-electric),

(c) power drive (internal combustion/hybrid/electric/hybrid-electric),

Or. en

Amendment 23

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

Or. en

Amendment 24

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

Or. en

Amendment 25

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

Or. en

Amendment 26

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

Or. en

Amendment 27

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

Or. en

Amendment 28

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point l

Text proposed by the Commission

Amendment

(l) rollover protection structure,

deleted

Or. en

Amendment 29

Proposal for a regulation

Article 3 – paragraph 1 – point 24 – point m

Text proposed by the Commission

Amendment

(m) braked axles (number);

deleted

Or. en

Amendment 30

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;

(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 its circulation on public roads and other aspects covered by this Regulation;

Or. en

Amendment 31

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 masses, axle loads and ground contact pressure, the machinery could damage the surface of public roads or other road infrastructure, unless one of these parameters is below the threshold value.

Or. en

Amendment 32

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 road laden mass, beyond which the non-road mobile machinery’s dimensions, 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 33

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 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 notify the user of the non-conformity.

Or. en

Amendment 34

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;

(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 non-road mobile machinery type-approved in accordance with this Regulation;

Or. en

Amendment 35

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) vehicle structure integrity;

deleted

Or. en

Amendment 36

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;

Or. en

Amendment 37

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 1 – point q

Text proposed by the Commission

Amendment

(q) fuel tanks;

deleted

Or. en

Amendment 38

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.

deleted

Or. en

Amendment 39

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.

Or. en

Amendment 40

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.

Or. en

Amendment 41

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

Or. en

Amendment 42

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.

Or. en

Amendment 43

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 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 44

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 rules under which Member States cannot refuse the verification already carried out by the approval authority of another Member State.

Or. en

Amendment 45

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

Or. en

Amendment 46

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.

Or. en

Amendment 47

Proposal for a regulation

Article 46 – paragraph 1

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.

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.

Or. en

Amendment 48

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.

Or. en

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: 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

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

Agoria

TÜV-Verband