Changes from report parliamentary committee draft to plenary report

Change 9

AddedArticle 2 – paragraph 1 a (new): 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.

Change 10

ChangedArticle 2 – paragraph 2 – subparagraph 1 – point g a (new): (ga) non-road mobile machinery intended forby field-testingthe activitiesmanufacturer carried-outto bycarry theout manufacturer,field tests, which are inherent to the machine development process.

Change 11

ChangedArticle 2 – paragraph 2 – subparagraph 1 a (new): As regards non-road mobile machinery under individual approval, the manufacturer may choose either to apply for EU type-approval,may, where appropriate, or to comply with the relevant national legislation referredchoose to in point (f) ofapply thefor firstEU subparagraph.type-approval.

Change 12

ChangedArticle 3 – paragraph 1 – point 1: (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,regularly, to circulate on public roads, mostly to move from one working place to another;roads.

Change 13

ChangedArticle 3 – paragraph 1 – point 1 a (new): (1a) ‘towed3: equipment’(3) means‘non-road mobile machinery designed to be towed byproduced ain vehiclesmall andseries’ intendedmeans tothe performnational worktype-approval havingof ata leasttype oneof axlenon-road andmobile wheelsmachinery orof endlesswhich tracksthe ornumber aof combinationunits ofthat wheelsare andmade endlessavailable trackson andthe thatmarket, doesregistered notor fallentered withininto theservice scopecannot ofexceed, Regulationper (EU)year Noand 167/2013,in Regulationeach (EU)Member NoState, 168/201380 orunits Regulationper (EU)that 2018/858.type;

Change 14

ChangedArticle 3 – paragraph 1 – point 3:23 (3)– ‘non-roadintroductory mobilepart: machinery(23) produced‘non-road inmobile smallmachinery series’type’ means the national type-approval of a type of non-road mobile machinerymachinery, ofincluding whichvariants theand numberversions of units that are made available on the market, registered or entered into service cannot exceed, pervariants yearof andthat inmachinery, eachthat Membershares State,at 100least unitsthe perfollowing thatessential type;aspects:

Change 15

ChangedArticle 3 – paragraph 1 – point 29: (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 its safe circulation on public roads and other aspects covered by this Regulation;

Change 16

RemovedArticle 4 – paragraph 5 – subparagraph 1 – point b: (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.

AddedArticle 4 – paragraph 1 a (new): 1a. Member States shall ensure that their approval and market surveillance authorities have the necessary resources for the proper performance of their duties.

Change 17

ChangedArticle 4 – paragraph 5 – subparagraph 2: The Commission is empowered to adopt delegated acts1 in– accordancepoint withb: Article(b) 47due to supplement this Regulation establishing the thresholds values,its includingexcessive forweight theor machinery’smasses, maximumaxle roadloads ladenand mass,ground beyondcontact whichpressure, the non-road mobile machinery’smachinery dimensions,could masses,damage axlethe loadssurface andof groundpublic contactroads pressureor areother consideredroad asinfrastructure, excessiveunless, in the meaningorder ofto pointlimit (a)or andprohibit (b)circulation ofon thepublic firstroads, subparagraph.one Theseof delegatedthese actsparameters mayis establishbelow the categories or classesthreshold ofestablished non-roadby machineryMember concerned.States.

Change 18

ChangedArticle 74 – paragraph 15 – subparagraph 1: Manufacturers2: whoThe haveCommission sufficientis reasonempowered to believeadopt thatdelegated aacts type-approvedin non-roadaccordance mobilewith machineryArticle which47 theyto havesupplement madethis availableRegulation onestablishing the marketthresholds isvalues, notincluding infor conformitythe withmachinery’s thismaximum Regulationladen shallmass immediatelyon takeroad, beyond which the correctivenon-road measuresmobile necessarymachinery’s todimensions, bringweight thatand non-roadmasses, mobileaxle machineryloads intoand conformity,ground tocontact withdrawpressure itare orconsidered toas recallexcessive it,in asthe appropriate,meaning of point (a) and notify(b) of the userfirst ofsubparagraph. These delegated acts may establish the non-conformity.categories or classes of non-road machinery concerned.

Change 19

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

AddedArticle 6 – paragraph 4: 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.

AddedArticle 7 – paragraph 1 – subparagraph 1: 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.

AddedArticle 7 – paragraph 2: 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. Manufacturers shall immediately inform the users via appropriate means.

AddedArticle 7 – paragraph 5 – subparagraph 2: In case of a substantiated complaint, manufacturers shall, as soon as possible, inform their distributors and importers thereof.

AddedArticle 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;

Change 20

ChangedArticle 15 – paragraph 2 – subparagraph 1 – point q:w: deleted

Change 21

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

Change 22

AddedArticle 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.

Change 23

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

Change 24

AddedArticle 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.

Change 25

ChangedArticle 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.

Change 26

ChangedArticle 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 rulesconditions under which Memberapproval Statesauthorities cannotmay not refuse the verification already carried out by the approval authority of another Member State.

Change 27

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

Change 28

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 32 – paragraph 2: deleted

AddedArticle 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.

AddedArticle 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.

Change 29

RemovedArticle 46 – paragraph 1: 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.

AddedArticle 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.

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

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

Change 30

AddedArticle 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.