Changes from plenary report to adopted text

RemovedArticle 8 – paragraph 1 – point b: (b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a type-approved non-road mobile machinery in accordance with this Regulation;

RemovedArticle 15 – paragraph 2 – subparagraph 1 – introductory part: 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:

RemovedArticle 15 – paragraph 2 – subparagraph 1 – point a: deleted

RemovedArticle 15 – paragraph 2 – subparagraph 1 – point p: (p) masses, including technically permissible maximum laden mass on road;

RemovedArticle 15 – paragraph 2 – subparagraph 1 – point w: deleted

RemovedArticle 15 – paragraph 2 – subparagraph 1 – point y: (y) on-road warnings and markings for lighting and lighting installations.

RemovedArticle 15 – paragraph 2 – subparagraph 4: 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.

RemovedArticle 15 – paragraph 2 a (new): 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.

RemovedArticle 16 – paragraph 1: 1. Non-road mobile machinery intended for circulation on public roads shall not be made available on the market, registered or entered into service, unless it is in conformity with this Regulation.

RemovedArticle 18 – paragraph 2 – point c: (c) a copy of the EU declaration of conformity provided for in the applicable Union legislation harmonising the conditions for the marketing of products;

RemovedArticle 19 – paragraph 4 – point b: (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.

RemovedArticle 22 – paragraph 1: 1. An approval authority which grants an EU type-approval shall take the necessary measures to verify, directly or on the basis of the verification already carried out by the approval authority of another Member State, that adequate production arrangements have been made to ensure that the non-road mobile machinery in production conforms to the approved type and documented control plans, to be agreed with the holder of EU type-approval for each approval.

RemovedArticle 22 – paragraph 3: 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.

RemovedArticle 22 – paragraph 5 – subparagraph 2: 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.

RemovedArticle 26 – paragraph 2 – subparagraph 2: 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).

RemovedArticle 26 – paragraph 7: 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.

RemovedArticle 28 – paragraph 1: 1. The manufacturer shall affix to each non-road mobile machinery manufactured in conformity with the approved type a statutory plate with marking.

RemovedArticle 32 – paragraph 1: 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.

RemovedArticle 32 – paragraph 2: deleted

RemovedArticle 32 – paragraph 4: 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.

RemovedArticle 33 – paragraph 1 – subparagraph 1: 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.

RemovedArticle 33 – paragraph 1 – subparagraph 2: 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.

RemovedArticle 33 – paragraph 1 – subparagraph 3: 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.

RemovedArticle 33 – paragraph 2 – introductory part: 2. The Member State that takes the measure shall indicate whether the risk or the non-compliance is due to the following:

RemovedArticle 33 – paragraph 3: 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.

RemovedArticle 33 – paragraph 4: 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.

RemovedArticle 33 – paragraph 6: 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).

RemovedArticle 34 – paragraph 2: 2. The manufacturer shall make available to users all relevant information and necessary instructions describing any conditions or restrictions linked to the use of a non-road mobile machinery. The approval authorities shall provide guidance on the minimum information and instructions that need to be made available.

RemovedArticle 34 – paragraph 3: 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.

RemovedArticle 34 – paragraph 4 – subparagraph 1 – point b: (b) in paper or in an easily accessible electronic format.

RemovedArticle 34 – paragraph 4 – subparagraph 2: 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.

RemovedArticle 35 – paragraph 6: 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.

RemovedArticle 40 – paragraph 1: 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.

RemovedArticle 47 – paragraph 5 a (new): 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].

RemovedArticle 49 – paragraph 1 – subparagraph 3: Whenever relevant, technical services, representatives of the European Parliament, of the industry and of the relevant economic operators, as well as of stakeholders involved in safety matters related to road circulation, shall be invited as observers to the Forum in accordance with the rules of procedures referred to in paragraph 6.

RemovedArticle 53 – paragraph 2 a (new): 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.