Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸4 unchanged paragraphs

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)

The European Parliament,

Changed– having regard to the Commission proposal to Parliament and the Council (COM(2023)0178),(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,

Changed– having regard to RulesRule 59 of its Rules of Procedure,

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

Change 1

ChangedRecital 1: (1) MobileSelf-propelled 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’) 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.

Recital 5: (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.

Change 2

ChangedRecital 5 a (new): (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 thatthat, in practicepractice, will most likely not circulate on public roads should be excluded from the scope of this Regulation.

Recital 7: (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.

Change 3

ChangedRecital 7 a (new): (7a) This Regulation should cover only non-road mobile machinery that is newplaced toon the Union market when placed onfor the marketfirst 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.

Change 4

ChangedRecital 7 b (new): (7b) This Regulation should apply to non-road mobile machinery intended to circulate on public roads irrespective of how the powermachinery sourceis andpowered thusand, therefore, should also apply to electric and hybrid ones.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 RegulationEuropean onParliament machinery.and of the Council.

Change 5

ChangedRecital 7 c (new): (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-testingfield activities,tests, which are inherent to the machine development process, the temporary placing on the market of non-road mobile machinery that havehas not yet 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.

Change 6

RemovedRecital 10: (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.

AddedRecital 9: (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.

AddedRecital 10: (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.

Recital 11: (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.

Change 7

ChangedRecital 15: (15) With a view to ensureensuring 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, withdesignated 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, designatedincluding a sufficient number of competent personnel, expertise, procedures and other arrangements for thatthe purpose.proper performance of their duties.

Change 8

ChangedRecital 22: (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. SuchThe transitiontransitional period can only be beneficial under the precondition that Union requirements do not become mandatory at national level before the end of the transitiontransitional period. Therefore, without prejudice to Member States’the right of Member States to amend their national type-approval legislation,legislation and 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 type-approved 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.

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.

Article 2 – paragraph 2 – subparagraph 1 – point b: (b) non-road mobile machinery equipped with more than three seating positions when circulating on public roads, including the driver’s seating position;

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:

▸12 unchanged paragraphs

Article 3 – paragraph 1 – point 23 – point a: deleted

Article 3 – paragraph 1 – point 23 – point e: deleted

Article 3 – paragraph 1 – point 23 – point f: deleted

Article 3 – paragraph 1 – point 23 – point g: deleted

Article 3 – paragraph 1 – point 24 – point c: (c) power drive (internal combustion/hybrid/electric/hybrid-electric),

Article 3 – paragraph 1 – point 24 – point e: deleted

Article 3 – paragraph 1 – point 24 – point f: deleted

Article 3 – paragraph 1 – point 24 – point g: deleted

Article 3 – paragraph 1 – point 24 – point i: deleted

Article 3 – paragraph 1 – point 24 – point j: deleted

Article 3 – paragraph 1 – point 24 – point l: deleted

Article 3 – paragraph 1 – point 24 – point m: deleted

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;

AddedArticle 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:

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

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