EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, 30.3.2023  
COM(2023) 178 final  
2023/0090 (COD)  
 
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  
(Text with EEA relevance)  
{SEC(2023)  145 final}  - {SWD(2023)  64 final}  - {SWD(2023)  65 final}  -
 {SWD(2023)  66 final}   EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL  
• Reasons for and objectives of the proposal  
This proposal aims to fill a gap in EU legislation  for non-road mobile machinery. Non -road 
mobile machinery is a broad category of machinery  fitted with a means  for its own 
propulsion . These machines are regularly  used in certain sectors  or for specific purposes, for  
example they are used  as construction, agricultural, garden, municipal or material handling 
equipment . Many technical aspects of non -road mobile machinery are harmonised at EU level 
(e.g. machinery safety, electromagnetic compatibility, noise emission s while the machine is 
carryin g out works , exhaust emissions, etc.). In addition, a number of those machines 
occasionally need to circulate on public roads, mostly to move from one working place to 
another  and as a result they are placed on the Union market for that purpose, as well.  
However, laying down  requirements , for example on safety,  solely for the circulation of 
mobile machinery on public roads remains within the sole remit of  the Member States .  
The fact that there are current ly different  national regulatory regimes cause s additional costs 
and administrative burdens for the non -road mobile machinery sector. A costs and benefits 
study carried out by the European Commission in 2019 indicated that laying down  uniform 
requirements at EU level  could help  the sector save 18% to 2 2% in compliance costs . It is 
expected that over a period of 10 years this proposal could generate up to €846 million in 
savings for all stakeholders.  Since the administrative cost is estimated at 4% of the total, the 
overall  administrative saving is calcu lated as  €3,38 million per yea r. In particular, the need 
to comply with various  national requirements for road circulation  when design ing, testing and 
manufacturing  these machines create s additional costs  for manufacturers . The absence  of 
harmonisation delays the introduction of new pro ducts in the EU  and constitutes an entry 
barrier (particularly for small to medium -sized enterprise s (SMEs )). It also hinders the 
circulation of mobile machinery across the EU. The current proposal aims t o address  this 
situation by laying down harmonised rules for non -road mobile machinery to strengthen the 
single  market while ensuring  a high level of road safety.  
• Consistency with existing policy provisions in the policy area  
For many years, various  aspects of non-road mobile machinery have been harmonised at EU 
level, such as the health and safety essential requirements relating to the desig n and 
construction of machinery (Directive 2006/42/EC)1, pollutant emissions  from  non-road 
mobile machinery  (Regulation (EU) 2016/1628)2, noise emissions  from  certain types of 
machinery  (Directive 2000/14/EC)3, and  electromagnetic disturbance s generated by these 
machines  (Directive 2014/30/EC)4. 
The Machinery Directive  2006/42/EC  is the main regulatory basis for th e free movement of  
non-road mobile machinery in the single market. It requires that such mobile machinery 
                                                 
1 Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery . 
2 Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on 
requirements relating to gaseous and particulate pollutant emission limits and type -approval for internal 
combustion engines for non -road mobile machinery . 
3 Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the 
approximation of the laws of the Member States relating to the noise emission in the environment by 
equipment for use outdoors . 
4 Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the 
harmonisation of the laws of the Member States relating to electromagnetic comp atibility . EN 2  EN placed on the single market meet the essential health and safety requirements laid down in its 
Annex I. These requirements cover  aspects of  the off -road travelling function of mobile 
machinery such as slowing down, stopping, braking, seating  positions , restraint systems, etc. 
However, the essential health and safety requirements laid down  by the Machinery Directive 
are only designed to address  occupational safety (i.e. when machinery is at work ), but do not 
cover the safety aspects related to the circulation of this machinery on public roads5. 
Many aspects of t he technical safety of vehicles, including the requirements for road 
circulation , are harmonised at EU level by vehicle type -approval legislation such as 
Regulation (EU) 2018/858 on the approval and market surveillance of motor vehicles and 
their trailers, or Regulation (EU) No 167/2013 on the approval and market surveillance of 
agricultur al and forestry vehicles. These legislative acts do , however,  not cover self-propelled 
non-road mobile machinery .  
The proposal follows , to the extent possible,  the approach and structure of the EU type -
approval framework for motor vehicles (Regula tion (EU) 2018/858)6 and agricultural and 
forestry vehicles  (Regulatio n (EU) No 167/2013)7, to maximise consistency  with existing 
vehicle legis lation . As regards the technical requirements and administrative provisions , the 
proposal is closely based on  Regulation  (EU) 167/2013 . On the other hand, r egarding market 
surveillance, the proposal follows similar  provisions as included in  Regulation (EU) 2018/858  
which are also based on  the New Legislative Framework8. Further, it similarly introduces a 
Forum for  Exchange of Information on Enforcement  to aid n ational authorities in applying 
and enforc ing the requirements of this Regulation in a uniform manner across the Union . This 
ensures a level playing field and avoid s divergent practices  being applied across t he Union .  
The proposal does  not affect the applicability of other Union legislation applicable to non -
road mobile machinery, and is complementary , i.a., to the Union legislation relating to:  
(a) essential health and safety requirements relating to the design and construction 
of machinery, such as Directive 2006/42/EC;  
(b) pollutant  emissions  by non-road machinery, such as Regulation (EU) 
2016/1628;  
(c) noise emission s, such as Directive 2000/14/EC ;  
(d) electromagnetic compatibility, such as Directive 2 014/30/EU or Directive 
2014/53/EU.  
                                                 
5 On 21 April  2021 , the Commission adopted a proposal for a new regulation on machinery products to 
replace the current Machinery Directive. Like the current Directive, the proposed r egulation will not  
cover the safety aspects related to the cir culation of mobile  machinery on public roads . Interinstitutional 
negotiations  on the proposed r egulation are ongoing. The proposed regulation can be found at: 
https://ec.europa.eu/docsroom/docum ents/45508 . 
6 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the 
approval and market surveillance of motor vehicles and their trailers, and of systems, components and 
separate technical units intended for such vehi cles (OJ L 151, 14.6.2018, p. 1 ). 
7 Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the 
approval and market surveillance of agricultural or forestry vehicles (OJ L 60, 2.3.2013, p. 1).  
8 In 2008 , a new legislative framework was adopted to improve the single  market for goods and to 
strengthen the conditions for placing a wide range of products on the EU market . This package of 
measures aim s to improve market surveillance and  to boost the quality of co nformity assessments. It 
also clarifies the use of CE marking and creates a toolbox of measures for use in product legislation  
(https://ec.europa.eu/growth/single -market/goods/new -legislative -framework_en ). EN 3  EN • Consistency with other EU policies  
This initiative  is consistent and complementary to existing legislative frameworks of EU 
harmonisation legislation , in particular the framework for the approval and market 
surveillance  of vehicles  and the New Legislative Framework , as mentioned above .   
It also helps implement EU strategies on single market legislation and the EU industrial 
strategy. It will simpl ify the regulatory requirements for manufacturers of non -road mobile 
machi nery in line with the Commission's communication Updating and simplifying the 
Community acquis9, which identifie d the type -approval system for motor vehicles as a priority 
area for simplification of Community legislation.  Indeed, this initiative addresses one of the 
last remaining categories of vehicles for road circulation.  The initiative is also part of the 
efforts to accelerate the green and digital transformation of the EU  industry  as encouraged by 
the May 2021 industrial strategy update10. 
Finally, t he proposal helps achieve  the EU objective to make roads safer as outlined, in 
particular, in the Commission staff working document EU Road Safety Policy Framework 
2021 -2030 - Next steps towards “Vision Zero ”11. The Commission adopted this staff working 
document as part of the Europe on the Move package in May 2018 . It sets out how EU road 
safety policy  is being translated into action . 
2. LEGAL  BASIS,  SUBSIDIARITY  AND  PROPORTIONALITY  
• Legal  basis  
The legal basis of the proposal is  Article 114 of the Treaty on the Functioning of the European 
Union (TFEU).  
• Subsidiarity    
The proposal creates  a harmonised regulatory framework for non -road mobile machinery to 
replace, after a transitional period,  the different regulatory regimes that currently exist in the 
Member States . It aims to  improve the functioning of the single  market , while ensuring a high  
level of road safety . The different  regulatory regimes in the Member States have created 
discrepancies in the single market, they are an economic and administrative burden and creat e 
barriers to the free circulation of non -road mobile machinery. Harmoni sing the safety rules for 
the road circulation of non -road mobile machinery  and ensure its free movement for those 
aspects  can only be done at EU level . 
Without EU action , the single market will re main fragmented , leading to ever more diverging 
road circulation requirements for mobile machinery across the EU.  
Creating a n EU type -approval framework for mobile machinery and a corresponding mark et 
surveillance framework is the only means to achieve a fairer and deeper single  market for the 
                                                 
9 Communication from the Commission to the Council, the European Parliament, the European 
Economic and Social Committee and the Committee of the Regions Updating and simplifying the 
Community acquis , 11.02.2003, COM(2003) 71 final ( https://eur -
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2003:0071:FIN:en:PDF ). 
10 Communication from the Commission to the European Parlia ment, the Council, the European 
Economic and Social Committee and the Committee of the Regions Updating the 2020 New Industrial 
Strategy: Building a stronger Single Market for Europe’s recovery , COM(2021) 350 final ( https://eur -
lex.europa.eu/legal -content/EN/TXT/?uri=COM:2021:350:FIN ). 
11 Commission staff working document SWD(2019) 283 final 
(https://transport.ec.europa.eu/system/files/2021 -10/SWD2190283.pdf ). EN 4  EN sector. These results could not be achieved to a comparable degree by national legislation . 
Indeed, the different  approaches at national  level  create barrier s to entry for manufacturers 
located in one Member State and wishing to export to other Member States. This means such 
manufacturer s will  have to tailor their products to the specific national requirements in each 
Member State and bear the associated regulat ory costs . 
• Proportionality  
The proposal complies with the proportionality principle because it does not go beyond what 
is necessary to achieve the objectives of ensuring the proper functioning of the single  market 
while at the same time providing a high level of public road safety . 
The proposal follows the  logic , with some adaptations,  of the  well-established type -approval 
framework  for motor vehicles  and agricultural and forestry vehicles , as mentioned above . 
This reference framework has proven its appropriateness to stimulate a single market for those  
vehicles . Maintaining a high  level of similarity between the proposal and the EU type -
approval framework for motor vehicles will reduce the administrative burd en of implement ing 
the act.  Where possible and duly justified,  the framework has been simplified to take into 
account that several safety aspects of these machines are already regulated by the essential 
health and safety requirements laid down in Annex I t o the Machinery Directive . 
• Choice  of the instrument  
The use of a regulation is considered appropriate  and necessary  because it gives  assurance s 
about  the direct and harmonised application of the procedures and requirements laid down  by 
this act . A directive with transposition requirements risks using  considerable resources of 
national administrations without adding value in terms of road safety . The technical and 
detailed nature of harmonisation, and the frequent adapt ation  to technical progress l imits the 
practical opportunities  for national administrations to deviate from the provisions of this 
proposal.  
The proposal continues to build on the split -level approach already introduced in the EU type -
approval framework for motor vehicles. This approach provides for legislation in three steps:  
 the fundamental provisions and the scope are laid down by the Europe an Parliament 
and the Council in a regulation based on Article  114 TFEU in accordance with the 
ordinary legislative procedure ; 
 the detailed technical specifications based on the fundamental provisions will be laid 
down in delegated acts adopted by the Comm ission in accordance with Article 290 
TFEU; and  
 implementing acts setting out the administrative provisions, such as the template for 
the information document and the type -approval certificates, the certificate of 
conformity, etc. will be adopted by the Co mmission in accordance with Article 291  
TFEU . 
3. RESULTS  OF EX POST  EVALUATIONS,  STAKEHOLDER  
CONSULTATIONS  AND  IMPACT  ASSESSMENTS   
• Stakeholder  consultations  
Numerous consultations over this file have been taking place over time, as follows:  EN 5  EN In 201 6, surveys to 35 stakeholders were carried out as input for a study on the EU 
harmonisation of the requirements for the road circulation of non -road mobile machinery 12; 
In 2017 , Feedback on the Inception Impact Assessment was received13 and a workshop was 
organised to  collect views from the national authorities (ministries of transport) on the 
possible policy options forward;  
In 2018 , a workshop 2 was organised , for a more in -depth discussion on the preferred policy 
option and initiating a debate on technica l requirements14; 
In 2019 , surveys to 90 stakeholders were carried out as input for a costs and benefit study15, a 
targeted consultation for Member States in 23 EU languages was carried out between May 
and September 2019 via EU survey16, and a workshop addres sed to member state authorities, 
technical services, notified bodies and Europe -wide stakeholder organisations  was organised 
in December 2019 , to share the outcomes of the costs and benefits study and the targeted 
consultation, and to further discuss the p olicy options, scope and technical requirements17; 
In 2020 , a public consultation in 23 EU languages via EU survey was launched and open 
during 12 weeks from Nov. 2020 to Feb. 202118; 
In 2021 , a workshop was organised with all main stakeholders, to share the  main findings of 
the public consultation process and make progress on policy options, scope and technical 
requirements19; 
In 2022 , a workshop was organised with all main stakeholders, to share and gather feedback 
on the main features of the legislative pro posal for the road approval of non -road mobile 
machinery under preparation20. 
                                                 
12 “Study on the EU harmonisation of the requirements for the road circulation of mobile machinery”. 
ECORYS, 2016. Available at:  https://single -market -economy.ec.europa.eu/sectors/mechanical -
engineering/mobile -machinery_en .  
13 Available at: https://ec.europa.eu/info/law/better -regulation/have -your-say/initiatives/1198 -Road -
circulation -requirements -for-mobile -machinery_en . 
14 Working  documents are available in the library section of the CIRCABC interest group “New 
legislative initiative - Road circulation approval requirements for non -road mobile machinery”.  
15 “Cost/benefit analysis study for Impact Assessment on road circulation of N on-road mobile 
machinery”, PPMI, 2019. Available at: https://op.europa.eu/en/publication -detail/ -
/publication/c0d598e2 -17d8 -11ea -8c1f-01aa75ed71a1/language -en. 
16 Working document ‘NRMM -2019.03 MS Targeted Consultation Feedback’ summarising the findings 
of the targeted consultation carried out by the Commission on differences between member states 
approval systems for the road circulation  of non -road mobile machinery. Available in the library section 
of the CIRCABC interest group “New legislative initiative - Road circulation approval requirements for 
non-road mobile machinery”.  
17 Working documents, such as ‘NRMM -2019.07 Draft Minutes Work shop NRMM 9 Dec 2019 rev1’ 
summarising discussion with stakeholders, are available in the library section of the CIRCABC interest 
group “New legislative initiative - Road circulation approval requirements for non -road mobile 
machinery”.  
18 Public consultati on outcomes available at: https://ec.europa.eu/info/law/better -regulation/have -your-
say/initiatives/1198 -Road -circulation -requirements -for-mobile -machinery/public -consultation_en . 
19 Working documents, such as ‘NRMM -2021.05 Draft Minutes Workshop NRMM 6 May 2021’ 
summarising discussions with stakeholders, are available in the library section of the CIRCABC interest 
group “New legislative initiative - Road circulation approval requirements for non -road mobile 
machinery”.  EN 6  EN In addition, several bilateral meetings with stakeholders were  organised for a deeper analysis 
on certain aspects of the file.  
A comparison of the  stakeholder views on the policy options (majority of views) are 
summarised here below:  
Policy option  Member States road 
approval authorities  Manufacturers 
and distributors  Rental companies 
and end users  Technical 
services  
PO 0: Baseline  - - - - 
PO 1a: Type -approval  - - - Preferred  
PO 1b: Simplified 
type -approval  Preferred  Preferred  Preferred  - 
PO 2 : CE marking  - - - - 
Directive  - - - - 
Regulation  Preferred  Preferred  Preferred  Preferred  
Mandatory   
Preferred optional at first , 
and mandatory  later on  - - Preferred  
Optional  Preferred  Preferred  - 
Self propelled and 
towed machinery in 
scope  - Preferred  - - 
Only self propelled 
machinery in scope  Preferred  - Preferred  - 
No maximum design 
speed limit   Preferred  - - 
Maximum design 
speed limit 40 Km/h  Preferred  - Preferred  - 
• Impact  assessment  
This proposal is supported by an impact assessment. Related information can be found at:  
https://ec.europa.eu/info/law/better -regulation/have -your-say/initiatives/1198 -Road -
circulation -requirements -for-mobile -machinery_en .  
The policy options considered are  set out below.  
• Option 0 – baseline . No action . 
• Option 1 – EU approval of the entire mobile machine granted by Member State 
authorities (old approach). This policy option follows the principles of EU legislation on 
vehicles, where the technical specifications to comply  with the general requirements are 
integrated  into the legislation.  
- 1.a – type approval . For most components, systems and separate technical units , the road 
approval would involve a third party.  
- 1.b – simplified type approval . For components, systems and separate technical units that are 
more cri tical for road safety, the conformity assessment would involve a third party 
(independent authorised body). For components, systems and separate technical units that are 
                                                                                                                                                         
20 Working document ‘NRMM -2022.02 220608_Presentation Workshop NRMM 08.06’, available in the 
library section of the CIRCABC in terest group “New legislative initiative - Road circulation approval 
requirements for non -road mobile machinery”.  EN 7  EN less critical for road safety, the conformity assessment would be based on reports or self-
certification by the manufacturer.  
• Option 2 – CE marking of the entire mobile machine granted by the manufacturer 
(new approach). This policy option follows the principles of new EU legislation on the non -
road use of mobile machinery (e.g. the Machi nery Directive), where only the essential safety 
requirements are embedded in law, not the detailed technical specifications.  
In principle , all options can be implemented by issuing  either a directive or a regulation.  
The following aspects of the legislati on were also assessed: (i) making it mandatory  
(replacing the current 27 national rules) or optional  (an alternative to the current 27 national 
rules); (ii) including (or not) towed equipment  in the scope ; and (iii) limiting (or not) the 
scope to non -road mobile machinery with a maximum design speed  not exceeding 40  km/h. 
The preferred policy option is 1.b (simplified type approval) , mandatory (after a tra nsitional 
period) , covering self -propelled machiner y only (not towed), with a maximum design speed 
limit  of 40  km/h, in the form of a regulation.  
The type-approval system that details technical specifications in the legislation is the widely 
accepted and trusted framework for road safety in E U. It should b e simplified to be 
proportionate and to take account of the characteristics of non -road mobile machinery (low 
circulation frequency). A mandatory policy seems more adequate after a transitional period, 
during which manufacturers will have the choice whethe r to apply for the EU type -approval 
(and benefit from the free movement) or to apply for national legislation (valid for that 
country only).  
The rules would o nly cover self-propelled machinery since the vast majority of towed 
equipment can already be type -approved under other vehicle categories. Machinery covered 
by the regulation would have a maximum design speed set at 40  km/h . A higher speed is not 
deemed necessary nor appropriate for this type of machinery.  Indeed,  manufacturers of faster 
vehicles can i n principle opt for  the currently available type-approv al procedures for the other  
vehicle categories.  
Given that noise emissions of most of  the non -road mobile machinery at stake is already 
covered by the Directive 2000/14/EC21, that non -road mobile machinery represent s a very 
small portion of the vehicles on EU roads, and that the maximum design  speed in scope will 
be limited to 40  km/h, it does not appear necessary to foresee specific noise requirement s in 
addition of those already existing.  
Lastly , since the technical requirements will be highly detailed and will leave practically no 
room for discretion by the Member States when transposing them , a regulation is preferred.   
A harmonised simplified type -approval policy for road circulation will have the following 
implications for the stakeholders involved.  
 Manufacturers and distributors will: i) have an easier market entry ; ii) eliminate 
delays linked to multiple EU countries’ approvals ; iii) benefit from a reduction by a 
                                                 
21 Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the 
approximation of the laws of the Member States relat ing to the noise emission in the environment by 
equipment for use outdoors . EN 8  EN fifth of the compliance costs ; iv) enhance their competitiveness in and outside the 
EU. 
 Rental companies and end users will: i) benefit from a reduction by a fifth of the 
compliance costs; ii) easily use and re -sell machinery across intra -EU borders; iii) 
have more choice of non-road mobile machinery; iv) have access to more innovative 
designs.  
 Member States authorities: will need to adapt to the new systems, however this is not 
seen as a problem or a significant burden by the affected authorities.  
 Technical services: will nee d to adapt to the new system, and will see an increase on 
workload and revenue, although this may be mitigated by the fact that approvals will 
likely decrease in number since manufacturers will have to undergo them in one EU 
country only.  
 Road users: will benefit from harmonised rules that ensure high road safety across 
the EU.  
The t otal benefits for economic operators  are as follows : estimated net savings of 
EUR  846 million over 10 years, of which EUR  502 million for manufacturers and distributors 
and EUR  344 million for rental companies and end users. The i ncreased turnover for technical 
services  is partially offset by a decrease in the total number of approvals.  
The estimated c osts for manufacturers, distributors, rental companies and end users are offset  
by far by the estimated savings. The n et savings are estimated above.  
In the non -road mobile machinery sector, 98% of companies are SMEs, which account for 
18% of revenues and 30% of employment. Many SMEs are strong exporters and will benefit 
significantl y from having simplified EU -wide  rules.  Others will be able to keep applying the 
national rules. The net savings for SMEs are estimated at €152 million over 10 years.  
There are estimated societal benefit will be higher road safety across the EU.  
The RSB  (Regulatory Scrutiny Board)  issued its opinion on 10/12/2021, following which this 
impact assessment was revised as follows:   
RSB recommendations  Revisions introduced  
(B) Summary of findings  
(1) The report does not 
sufficiently explain why 
mutual recognition does not 
work in this sector and why 
promoting the respect of the 
mutual -recognition principle is 
not one of the policy options.  Section 2 on problem description now discusses in more detail why 
mutual recognition does not function in the non -road mobile 
machinery sector, despite being an area of technical regulation 
without EU harmonisation. In addition, the analysis on why mutual 
recognition does not work and would not work in the future has 
been further expanded in sections 5.1 and 5.3, expla ining why a 
policy option aiming to promote the practical implementation of the 
mutual recognition principle was discarded.  
(2) The report does not 
provide convincing evidence 
that a lack of harmonised rules 
results in more accidents 
involving non -road mo bile 
machinery. It does not justify Section 7 explains better why harmonised requirements would 
likely increase the level of road safety of non -road mobile 
machinery acr oss the EU, and why road safety requires equal 
requirements and technical solutions, and not just sufficiently high 
requirements. This supports the choice of the preferred option, since 
a main determining factor is its higher score on road safety.  EN 9  EN why the initiative aims at 
equal requirements and 
technical solutions for road 
safety.  The asse ssment of the options in section 6 explains how this 
initiative will contribute specifically to road safety and specifies 
whether all options can deliver on the objectives. Section 4 on 
specific objective discusses the limitations of road safety as an 
objective of the new policy, and how, despite this, road safety 
would be enhanced by the adoption of the proposed policy.  
(3) The report is unclear about 
the methodology used to 
estimate costs and cost 
savings. It does not present the 
reliability and robustne ss of 
the evidence base.  Section 2 on problem description provides now a clear overview of 
the different cost categories, describing in more detail the costs 
incurred by each of the affected groups (manufacturers, distributors, 
rental companies, end users and authorities). Section 2 explains as 
well how indirect costs are estimated and discuss whether they are 
realistic or risk to be overestimated, and specifies which costs and 
savings correspond to. Additional clarifications on the methodology 
used to esti mate costs and cost savings, the sources of information 
and main assumptions, have been added in sections 2 and 6, as well 
as in this Annex 1, where the reliability of the estimates has been 
assessed, as well as the possible uncertainties affecting the evi dence 
base.  
(4) It is unclear why the report 
does not assess the additional 
design elements as part of the 
main policy options. It does 
not explain to what extent the 
assessment of impacts and the 
choice of the preferred option 
would change if these design 
elements were taken into 
account in the analysis.  The report justifies in section 6 why additional design elements 
affecting the obligatory nature as well as the scope of harmonised 
rules are assessed separately from the main policy options. In 
section 7, it also calculates the impacts as a result of the choices 
made on these design elements. In particular, the report considers in 
section 7 how the estimated impacts would change if EU and 
national rules coexist or if the scope of application is narro wed. It 
also clarifies that the choice of the preferred option would not 
change in light of these specific design elements. The costs and 
benefits in the standardised table in Annex 3 has been changed to 
incorporate the additional design elements that are part of the 
preferred option.  
(C) What to improve   
(1) Mutual recognition  The problem description section 2 discusses in more detail why 
mutual recognition does not function in the mobile machinery 
sector, despite being an area of technical regulation wi thout EU 
harmonisation, and why as a consequence there is no policy option 
aiming to promote the practical implementation of the mutual 
recognition principle.  
(2) The problem description 
should provide a clear 
overview of the different cost 
categories.  
 The problem description section 2 describes in more detail the costs 
incurred by manufacturers due to market entry delays, 
distinguishing them clearly from the direct costs, and how they are 
estimated, per each of the affected groups (manufacturers, 
distri butors, users, rental companies and authorities). Annexes 1 and 
4 include more details on data limitations and calculation methods.  
(3) Why harmonised 
requirements  Section 6 explains why harmonised requirements would likely 
increase the level of road saf ety of mobile machinery across the EU, 
and why road safety requires equal requirements and technical 
solutions, and not just sufficiently high requirements.  
(4) Road safety as secondary 
objective  
 Section 4 explains clearly that road safety is a secondar y objective 
rather than one of the main specific objectives. Section 6 clarifies 
how this initiative will contribute specifically to road  safety , and 
how and to what extend each of the options can deliver on the EN 10  EN objectives set.  
(5) New policy versus 
implementing legislation.  Section 8 clarifies what is decided now, based on this impact 
assessment, and what will be decided later through implementing 
legislation.  
(6) Methodology used to 
quantify costs and savings  Section 6 presents the sources of information and main 
assumptions, providing more detail in Annexes 1 and 4, assessing 
the reliability of the estimates and possible uncertainties affecting 
the evidence base.  
(7) Assessment of additional 
design elements  Section 6 explains why additional design elements affecting the 
scope and take up of harmonised rules are assessed separately from 
the analysis of the main policy options and considers how the 
impacts would change as a result of the choices made on these 
design elements. The costs and benefits table in Annex 4 include 
the additional design elements that are part of the preferred option.  
4. BUDGETARY  IMPLICATIONS  
Member States will face some adaptation costs to  adjust to  the new regulation. However, 
since they already handle several type -approval frameworks for other vehicles, they have the 
structure and technical services in place to handle this additional regulation without it 
imposing a significant burden.  
This initiati ve has no impact on the EU budget.  
5. OTHER  ELEMENTS  
• Implementation  plans  and monitoring,  evaluation  and reporting  arrangements  
Once implemented, the actual impacts of the chosen policy option need to be monitored and 
compared to the objectives and the e xpected impacts. A Commission expert group will meet 
regular ly and gather expertise from the mobile machinery sector , in order to analyse the 
applicability and implementation of th is regulation  in all EU countries.  
At least the following indicators are proposed to collect the necessary information:  
 number of EU approvals for new non-road mobile machinery granted in each 
Member State;  
 number of national approvals for new mobile machinery granted in each Member 
State, compared to the a verage of the number of national approvals granted in the 5 
last calendar years previous  to the entry into application of the new regulation ; 
 reporting on r oad accidents with mobile machinery by Member States;  
 direct costs of compliance  for EU type -approval per each new type of machinery 
(this indicator can only be assessed by means of a survey -based process , as carried 
out as part of the impact assessment st udy; carrying out such a survey again after full 
implementation of the new legislation would provide a comparative figure ); and 
 indirect cost savings with EU approval per each new type of machinery  (market 
delays): by means of  a survey -based process , after  full implementation of the new 
legislation.  
The new regulation should  be evaluated within 5 years of its entry into applica tion. EN 11  EN • Detailed  explanation  of the specific  provisions  of the proposal  
To the extent possible , the proposal follows the structure of Regulation (EU) No 167/2013. 
The proposed act concerns a European Economic Area (EEA) matter  and should therefore 
extend  to the EEA . 
CHAPTER I  
This chapter sets out  the purpose of the proposal , namely to:  
– lay down the technical requirements for the road safety of non -road mobile 
machinery falling with in the scope of the proposal , and the administrative provisions 
for the EU type  approval of such machinery; and  
– set the r ules and procedures  for the market surveillance of non -road mobile 
machinery that falls with in the scope of EU type  approval in accordance with this 
proposal.  
In addition, it determines  the scope, by stipulating  that it applies to n on-road mobile 
machinery that is placed on  the EU market , and by listing specific exceptions. For example, 
this chapter provides that the proposal does not apply to individual approvals , any vehicle that 
falls within the scope of Regulation (EU) No 167/201 3, Regulation (EU) No 168/2013 or 
Regulati on (EU) 2018/858  or non-road machinery  with a maximum design speed exceeding 
40 km/h .  
Lastly, in Article 3 , it includes definition s of the terms used in the proposal.  
CHAPTER II  
This chapter set outs the obligations of Member States, approval authorities  and economic 
operators (manufacturers, manufacturer’s representative, importers and distributors).  
In particular, it obliges Members States:  
– to permit the placing on the market, registration or entry into service of only non -
road mobile machinery that sat isfies the requirements set out in the proposal;  and 
– to organise and carry out market surveillance activities and checks  of non -road 
mobile machinery entering the market in accordance with Chapters IV, V and VII of 
Regulation (EU) 2019/1020.  
Manufacturers are obliged to ensure that only compliant non -road machinery is placed on th e 
market . 
It also  lists the technical requirements for the road safety of non -road mobile machinery. The 
Commission is empowered to adopt delegated acts to specify th e detailed technical 
requirements , procedures  and tests.  
Lastly , it includes a general provision, requiring  that non -road mobile machinery is made 
available,  put into service or registered only if it is in conformity.  
CHAPTERS III -VIII 
These chapters inclu de provisions on the EU type-approval procedure and related issues such 
as the EU type -approval certificate , the certificate  of conformity  and marking . 
More specifically, there are provisions on : (i) the application and information folder that must  
be submitted ; (ii) how and when the approval authority must grant type approval ; (iii)  the EU 
type-approval certificate and its amendment when it is necessary ; (iv)  the procedures for 
demonstrating conformity with the technical  requirements ; (v) the validity of EU type  EN 12  EN approvals ; and (vi) the obligation to deliver a certificate of conformity  and affix the statutory 
plate with the marking.  
CHAPTER IX 
This chapter contains provisions on EU market surveillance, checks of non -road machinery 
entering the EU market , and EU safeguard procedures. It integrates provisions from Decision 
No 768/2008 /EC and has cross references to the recent Market Surveillance Regulation 
(Regulation (EU) 2019/1020 ). 
CHAPTER X  
Under this chapter, the manufacturer is obliged to provide tech nical information that does not 
diverge from the particulars approved by the approval authority.  
CHAPTER XI 
This chapter lays down the requirements relating to technical services and the procedures for 
designating such services.  
CHAPTER XII  
This chapter in cludes details on the exercise of the Commission’s powers to adopt 
implementing and delegated acts pursuant to the proposal.  
CHAPTER XIII  
This chapter establishes  a forum, amends Regulation (EU)  2019/1020, provides for penalties, 
and reporting  and specifies the dates of entry into force and applica tion.  
In this chapter, there is a  trans itional provision allowing  Member States , for a period of 8 
years from the date of applicability of the Regulation, to  apply any national regulations 
legislation on national type -approval of non -road mobile machinery for circulating on public 
roads.  In the case where non -road machinery complies with that national legislation will not 
benefit from the free movement.  EN 13  EN 2023/0090 (COD)  
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  
(Text wi th EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national parliaments,  
Having regard to the opinion of the European Economic and Social Committee22, 
Acting in accordance with the ordinary legislative procedure,  
Whereas:  
(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.  
(2) Certain aspects of the  design and construction of  non-road mobile machinery  are 
already covered by Union harmonisation legislation , in particular  Regulation (EU) 
2016/162 8 of the European Parliament and of the Council24, Directive 2000/14/EC  of 
the European Parliament and of the Council25, Directive 2014/30/EU of the European 
                                                 
22 OJ C […], […], p. […].  
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). 
24 Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on 
requirements relating to gaseous and particulate pollutant emission limits and type -approval for internal 
combustion engines for non -road mobile machinery, amending Regulations (EU) No 1024/2012 and 
(EU) No 167/2013, and amending and repealing Directive 97/68/EC  (OJ L 252, 16.9.2016, p. 53).  
25 Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the 
approximation of t he laws of the Member States relating to the noise emission in the environment by 
equipment for use outdoors . EN 14  EN Parliament and of the Council26 or Directive 2014/53/EU  of the European Parliament 
and of the Council27, and Directive 2006/42/EC.    
(3) As regards the safety of mobile machinery, Directive  2006/42/EC  is the main 
regulatory act applying to that machinery  when placed on the Union market . It sets out 
essential health and sa fety requirements  cover ing the off -road travelling function of 
mobile machinery such as slowing down, stopping, braking, driving positions , restraint 
systems, etc. However, the essential health and safe ty requirements , set out in that  
Directive , are only designed to address safety when machinery is at work, but do not 
cover the safety aspects of this machinery when circulating on public roads.  
(4) Due to the absence of harmonised rules on the road safety of non -road mobile 
machinery,  economic operators that pro duce or make available on the Union  market 
non-road mobile machinery are facing significant costs associated to the different 
regulatory requirements in the Members States .  In addition, the road safety , for that 
machinery,  is not ensured uniformly in the whole territory of the Union.  Consequently, 
it is necessary  to establish harmonised rules at Union level with respect to the road 
safety of non -road mobile machinery.  
(5) For the purposes of the development and operation of the internal market of the Union, 
it is appropriate to establish a h armonised  type-approval system for the road safety of 
non-road mobile machinery intended to circulate on public roads.   
(6) Since the purpose of this Regulation is to address the risks stemming from the road 
circulation of non -road mobile mach inery designed and constructed for performing 
work and not for the transpo rt of persons, animals or goods  (except to carry materials 
that contribute to the operation of the machine) , this Regu lation should not apply to 
machinery whose only objective is the  mere transpo rt of persons, animals or goods .  
All types of new personal mobility devices (stand -up and seated e -scooters, 
electrically assisted pedal cycles including electrically power assisted cycles and those 
intended for carrying commercial cargo, sel f-balancing vehicles including self -
balancing personal transporters and hoverboards, electric unicycles, electric 
skateboards and ‘One -wheel’ boards, among others)  will therefore not be subject to  
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, 
including the driver’s seating position, should  also be excluded from this Regulation . 
(8) Slow n on-road mobile machinery is the majority of the non -road mobile mach inery 
market . In addition, some Member States have established a road circulation speed 
limit for non -road mobile machinery at 40 km/h.   Moreover, as road safety risks are 
proportional to the road speed, it would not be  coherent for a framework , that 
addresses safety risks only for non-road mobile machinery  and not for regular vehicles  
to cove r fast non -road mobile machinery . This Regulation  should therefore not apply 
to mobile machinery with a maximum design speed of more than 40 Km/h.  
                                                 
26 Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the 
harmonisation of the laws of the Member States rel ating to electromagnetic compatibility (OJ L 96, 
29.3.2014, p. 79).  
27 Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the 
harmonisation of the laws of the Member States relating to the making available on the market o f radio 
equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).  EN 15  EN (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 excl uded from the 
scope of this Regulation . 
(10) Given that small and medium enterprises produc e 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, pe r 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 ty pe-approval  in order to benefit from the free 
movement . 
(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 mas ses, 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.   
(12) In order to minimise the risk of injury to persons and of damage to road infrastructu re, 
while a non -road mobile machinery is circulating on a public road , technical 
requir ements should be set out.  The technical r equirements should  include subjects  
relating to road safety such as vehicle structure integrity, maximum design speed, 
speed governor, speed limitation devices and speedometer, braking devices, steering, 
field of vision, and masses and dimensions  
(13) In order to reduce administrative burden for economic operators , this Regulation 
should allow for the use of components and separate technical units  in non -road 
mobile machinery that have been type -approved  in accordance to  Regulation (EU)  
167/2013 or Regulation (EU) 2018/858.  
(14) All economic o perators intervening in the supply and distribution chain should take 
appropriate measures to ensure that they only make available on the market non -road 
mobile machinery which is in conformity with this Regulation. It is necessary to 
provide for a clear a nd proportionate distribution of obligations which correspond to 
the role of each economic operator in the supply and distribution chain.  
(15) With a view  to ensure that the procedure for monitoring conformity of production, 
which is one of the cornerston es 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.  
(16) In order to ensure legal certainty, it is necessary to clarify that rules on Union market 
surveillance and control of products entering the Union market provided fo r in 
Regulation (EU) 2019/1020 of the European Parliament and of the Council28 apply to 
non-road mobile m achinery covered by this Regulation  and in relation to the aspects 
addressed or covered by the technical requirements of this Regulation  and thereby  
amend Annex I to that Regulation in order to list, in that Annex, the references of this 
Regulation .   
                                                 
28 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market 
surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 
765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).  EN 16  EN (17) In order to ensure uniform conditions for the implementation of the EU type -approval 
procedur e and certain  administrative provisions of this Regulation , implementing 
powers should be conferred on the Commission. Those powers should be exercised in 
accorda nce with Regulation (EU) No 182/2011 of the European Parliament and of the 
Council29. 
(18) Closer coordination between national authorities through information exchange and 
coordinated assessments under the direction of a coordinating authority is fundament al 
in order to ensure a consistently high level of safety and of health within the internal 
market. It would also lead to more efficient use of scarce resources at national level. 
For this purpose, an advisory Forum should be established for Member States and the 
Commission with the objective of promoting best practices, exchanging information 
and coordinating activities related  to the enforcement of this Regulation . Given the 
establishment of such a Forum and  considering  its tasks, it should be not be nece ssary 
to establish a separate administrative cooperation group . as required by Article 30 (2) 
of Regulation  (EU)  2019/1020 . However, the Forum should  be considered as an 
administrative cooperation group for the purposes of the Union Product Compliance 
Netw ork referred to in Article 29 of that Regulation.  
(19) In order to supplement this Regulation , the power to adopt acts in accordance with 
Article 290 of the Treaty on the Functioning of the European Union should be 
delegated to the Commiss ion in respect of the harmonisation of the thresholds that 
may be applied by Member Stets in relation to the excessive dimensions and masses of 
non-road mobile machinery, the applicability of the elements  of the technical 
requirements, for la ying down detailed technical requirements , test procedures  and test 
methods , for virtual testing, for arrangements with regard to conformity of production 
and for specifying rules in relation to technical services . It is of particular importance 
that the Commission  carry out appropriate consultations during its pr eparatory work, 
including at expert level, and that those consultations be conducted in accordance with 
the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better 
Law-Making30. In par ticular,  to ensure equal participation in  the preparation of 
delegated acts, the European Parliament and the Council receive all documents at the 
same time as Member States' experts, and their experts s ystematically have access to 
meetings of Commission ex pert groups dealing with the preparation of delegated acts . 
(20) Member States should lay down rules on penalties applicable to infringements of this 
Regulation and make sure that they are implemented. Those penalties should be 
effective, proportionate and  dissuasive.  
(21) The Commission should report to the European Parliament and the Council on the 
operation of this Regulation and, based on information provided by Member States, 
reconsider , if needed,  the question of whether to submit a n exclusive  legisla tive 
proposal for the harmonisation of the individual approval system at Union leve l or 
extend the transitional  period for the national type -approval . 
(22) In order to enable Member States and national authorities as well as economic 
operators to prepare f or 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 
                                                 
29 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the rules and general principles concerning mechanisms for contro l by Member States of 
the Commission’s exercise of implementing powers  (OJ L 55, 28.02.2011, p. 13) . 
30 OJ L 123, 12.5.2016, p. 1 . EN 17  EN also necessary to provide for a transitional period  allow ing the manufacturers, during 
that perio d, to comply with this Regulation and benefit from the free movement or to 
comply with the relevant national type -approval legislation.  
(23) Since the objective of this Regulation, namely laying down harmonised technical 
requirements , administrative requir ements and procedures  for the type-approval of 
new non -road mobile machinery, while circulating on public roads, as well as  the rules 
and procedures for the market surveillance of such machinery, cannot be sufficiently 
achieved by the Member States, but can rather, by reason of its scale and effects, be 
better achieved at Union level, the Union may adopt measures in accordance with the 
principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In 
accordance with the principle of pr oportionality, as set out in that Article, this 
Regulation does not go beyond what is necessary in order to achieve that objective , 
HAVE ADOPTED THIS REGULATION:  
CHAPTER I 
SUBJECT MATTER, SCOPE AND DEFINITIONS  
Article 1  
Subject matter  
1. This R egulation lays down technical requirements , administrative requirements and 
procedures , for the EU type-approval  and placing on the ma rket of non-road mobile  
machinery  intended to circulat e on public road s. 
2. This Regulation also lays down rules and procedures  for the market surveillance of 
the non-road mobile machinery .  
Article 2 
Scope  
1. This Regulation applies to  non-road mobile machinery  where  it is placed on th e 
market  and intended t o circulate , with or without a driver,  on a public road.  
2. This Regulation does not apply to  the following : 
(a) non-road mobile machinery  with a maximum design speed exceeding 40 km/h;  
(b) non-road mobile machinery  equipped with more than three seating positions , 
including the driver’s seating position ; 
(c) machinery, as defined in Article 2 (a)  of Directive 2006/42/EC, primarily 
intended for the transport of one or more persons or animals, or any goods 
other than instruments or auxiliaries required for the performance of work, 
materials resulting from or necessary for the work or for intermediate storage 
and materials transported on construction sites;   
(d) vehicles , including motor vehicles, tractors, trailers , two -wheel or three -wheel 
vehicles, quadricycles and interchangeable towed equipment, falling within the 
scope of Regulation (EU) No 167/2013 , Regulation (EU) No 168/2013 or 
Regulation (EU) 2018/858 ;  EN 18  EN (e) non-road mobile machinery that was placed on the market , registered  or 
entered into service before  [OP: please insert the date =  the  date of application 
of this Regulation ]; 
(f) individual approvals of non -road mobile machinery for circulating on public 
roads , granted in accordance with national legislation , and to non -road mobile 
machinery that complies with t hat national legis lation;  
(g) approvals  of non -road mobile machinery  produced in small series , for 
circulating on public roads, granted in accordance with national  legislation , and 
to non -road mobile machinery that complies with that national legislation.  
As regards non -road mobile  machinery produced in small series, the manufacturer 
may choose either to apply for EU type -approval or to comply with the relevant 
national legislation  referred to in point (g ) of the first subparagraph . 
Article 3  
Definitions  
For the purposes of this Regulation , the following definitions apply:  
(1) ‘non-road mobile machinery’ means any self-propelled mobile machine ry, falling 
within the scope of Directive 200 6/42/EC,  that is designed or constructed with the 
purpose to perform work ;    
(2) ‘individual appro val’ means the certification from  an approval authority  that a 
particular non -road machinery , whether unique or not, satisfies the relevant national 
administrative provisions and technical requirements for national individual approval 
of non -road mobi le machinery;  
(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 ea ch Member State,  50 units per that type;  
(4) ‘system’ means an assembly of devices combined to perform one or more specific 
functions in a non -road mobile machinery and that is subject to the technical  
requirements;   
(5)  ‘comp onent’  means  a device that is intended  to be part of a non-road mobile 
machinery  that can be type -approved independently of that machinery ;  
(6) ‘separate technical unit’  means a device that is intended to be part of a non-road 
mobile machinery  that can be type -approved separately ;  
(7)  ‘EU type -approval’ means the certification from an approval authority that a type of 
non-road mobile machinery satisfies the relevant  provisions of this Regulation;  
(8) ‘market surveillance authority’ means the  authority  of a Member State  responsible 
for carrying out market surveillance on the territory of that Member State;  
(9) ‘approval authority’ means the authority of a Member State, notified to the 
Commission by that Member State, with competence for all as pects of the type -
approval of a non-road mobile machinery , for issuing and, if appropriate, for 
withdrawing or refusing approval certificates, for acting as the contact point for the 
approval authorities of the other Member States, for designating the tech nical EN 19  EN services, and for ensuring that the manufacturer meets its obligations regarding the 
conformity of production;  
(10) ‘national authority’ means an approval authority or any other authority involved in 
and responsible for market surveillance, border co ntrol or registration in a Member 
State in respect of non-road mobile machinery ; 
(11) ‘technical service’ means an independent organisation or body designated by the 
approval authority as a testing laboratory to carry out tests  or as a conformity 
assessment body to carry out the initial assessment and other tests or inspections, on 
behalf of the approval authority, it being possible for the approval authority itself to 
carry out those functions ; 
(12) ‘manufacturer’ means an y natural or legal person  who manufactures non -road mobile 
machinery or has non -road mobile machinery designed or manufactured, and  markets 
that machinery under his or her name or trade mark;  
(13) ‘manufacturer's representative  for market surveillance ’ means any natural or legal 
person established in the Union who is duly appointed by the manufacturer to carry 
out the task s specified  in Article 8 ; 
(14) ‘importer’ means a natural or legal person established in the Union who places on the 
market a non-road mobile machinery  that has  been manufactured in a third country;  
(15) ‘distributor’ means a dealer or any other natural or legal person in the supply chain, 
other than the manufacturer or the importer, who makes available on the market a 
non-road mobile machinery ; 
(16) ‘economic op erator’ means the manufacturer, the manufacturer's representative    for 
market surveillance , the importer or the distributor;  
(17) ‘placing on the market’ means making available a non-road mobile machinery  for the 
first time in the Union;  
(18) ‘making avai lable on the market’ means any supply of a non-road mobile machinery  
for distribution or use on the market in the course of a commercial activity, whether 
in return for payment or free of charge;  
(19) ‘entry into service’ means the first use, for its intended purpose, in the Union, of a 
non-road mobile machinery ; 
(20) ‘registration’ means the administrative authorisation for the entry into service 
including for road traffic of a non-road mobile machiner y, involving the 
identification of the latter and the issuing to it of a serial number to be known as the 
registration number, be it permanently  or temporarily;  
(21) ‘EU type-approval certificate’ means the document issued by  the approval authority 
which  certifies that a type of non-road mobile machinery  is type -approved  in 
accordance with this Regulation ; 
(22) ‘certificate of conformity’ means the document issued by the manufacturer , as 
provided for in this Regulation,  which certifies that a produced non-road mobile 
machinery  conforms to the approved type of non-road mobile machinery ; 
(23) ‘non-road mobile machinery  type’ means a particular  category or class  of non-road 
mobile machinery , including variants and versions of  variants of that machinery,  that 
shares  in at least the following essential respects:  
(a)  category  or class , EN 20  EN (b) manufacturer,  
(c) type designation given by the manufacturer,  
(d) essential construction and design characteristics,  
(e) backbone chassis/chassis with side members/articulated  chassis (obvious and 
fundamental differences),  
(f) axles (number) or tracks (number),  
(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 ; 
(24) ‘variant’ means non-road mobile machinery  of the same type which do es not differ in 
at least the following respects:  
(a) body structural concept or type of body work,  
(b) stage of completion,  
(c) engine (internal combustion/hybrid/electric/hybrid -electric),  
(d) operating principle,  
(e) number and arrangement of cylinders,  
(f) power difference of no more than 30 % (the highest power being no more than 
1,3 times the lowest power),  
(g) cylinder capacity difference of no more than 20 % (the highest figure being no 
more than 1, 2 times the lowest figure),  
(h) powered axles (number, position, interconnection),  
(i) steered axles (number and position),  
(j) maximum laden mass differing by no more than 10 %,  
(k) transmission (type),  
(l) rollover protection structure,   
(m) braked axles  (number) ; 
(25) ‘version of a variant’ means vehicles which consist of a combination of items shown 
in the information package ; 
(26) ‘technical requirements’ means the technical requirements l isted in Article 15 ; 
(27) ‘information package’ means the information package referred to in Article 19(4);  
(28) ‘holder of EU  type-approval’ means the natural or legal person who applied for EU 
type-approval and to whom an EU type approval certificate has been issued ; 
(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 ; 
(30) ‘recall’ means any measure aimed at achieving the return of non -road mobile 
machinery that has already been made available to the end -user;  
(31) ‘withdrawal’ means any measure aimed at preventing non -road mobile ma chinery in 
the supply chain from being made available on the market.  EN 21  EN CHAPTER II 
OBLIGATIONS  
Article 4  
Obligations of Member States  
1. Member States shall establish or appoint the authorities competent in matters 
concerning approval and market surveillance in accordance with this Regulation. 
Member States shall notify the Commission of the establishment and appointment of 
such authorities.  
2. The notification of the approval and market surveillance authorities shall include 
their name, address, including ele ctronic address, and area of responsibility. The 
Commission shall publish on its website a list and details of the approval authorities.  
3. Member States shall  only permit  the making available  on the market, registration , 
entry into service or circulation on public roads of non-road mobile machinery that 
complies  with this Regulation.  
4. Member States shall not , for the  aspects covered by this Regulation , prohibit, restrict 
or impede the making available  on the market, registration , entry into service or 
circulation on public roads of non-road mobile machinery  that compl ies with this 
Regulation . 
5. By way of derogation from paragraph 4, Member States may limit or prohibit the 
circulation on public roads of non -road mobile machinery, which satisfies the 
following criteria:  
(a) due to its excessive dimensions, the machinery would not allow for suffici ent 
manoeuvrability on public roads; or  
(b) due to its excessive weight or masses, the machinery could damage the surface 
of public roads or other road infrastructure . 
The Commission is empowered to adopt delegated acts in accordance with Article 47 
to sup plement 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.  
6. Member States shall organise and carry out market surveillance  activities  and 
controls of non-road mobile machinery  entering the marke t in accordance with 
Chapter s IV, V and VII of  Regulation (EU) 2019/1020 .  
Article 5  
Obligations of approval authorities  
1. Approval authorities shall ensure that manufacturers applying for EU type-approval 
comply with their obligations under this Regulation.  EN 22  EN 2. Approval authorities shall approve only such non-road mobile machinery  that satisfy 
the requirements of this Regulation.  
3. Approval authorities shall carry out their duties under this Regulation independently 
and impartially. They shall coo perate efficiently and effectively, and shall share 
information relevant to their role and functions . 
Article 6  
General o bligations of m anufacturers  
1. Manufacturers shall ensure that  non-road mobile machinery that they place on the 
market  belongs to a typ e that has been granted an EU type -approval  and it is 
designed and manufactured in accordance with tha t type .  
2. Manu facturers shall ensure that an EU type -approved non -road mobile machinery 
that they place on the market  bears the  statutory plate and marking , required by this 
Regulation , the certificate of conformity accompanies that machinery and the 
documents, information and instructions  for the user  have been drawn up as required 
by this Regulation .. 
3. For the purposes of mark et surveillance, manufacturers established outside the Union 
shall appoint a single representative established within the Union, which may be the 
representative referred to in Article 17  or an additional representative. The 
manufacturer’s representative fo r market surveillance shall perform the tasks 
specified in the mandate, as provided for in Article 8.  
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, on its packaging 
or 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.  
5. Manufacturers shall be responsible to the approval authority for all aspects of the 
approval process and for ensuring conformity of production, whether or not they are  
directly involved in all stages of the construction of a non-road mobile machinery . 
6. Manufacturers shall ensure that procedures are in place for series production to 
remain in conformity with the approve d type. Changes in design or characteristics of 
a non-road mobile machinery  and changes in the requirements to which that 
machinery  is declared to conform shall be taken into account in accordance with 
Chapter V . 
7. Manufacturers shall ensure that, while a n EU type-approved non-road mobile 
machinery  is un der their responsibility  and is intended to be made available  on the 
market , storage or transport conditions do not jeopardise its  conformity with this 
Regulation.   
Article 7  
Specific obligations of manufacturers  
1. Manufacturers who have suffi cient reason to believe that a  non-road mobile 
machinery which they have made available on the market  is not in conformity with  EN 23  EN this Regulation  shall immediately take the corrective measures necessary to bring 
that non-road mobile machinery  into conformity, to w ithdraw it or to recall it, as 
appropriate . 
The manufacturer shall immediately inform the approval authority which granted the 
EU type-approval, giving details of the non -conformity and of any measures taken.  
2. Manufacturers who have suffi cient 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 t he 
market to that effect, giving details of the non -conformity and any corrective 
measures take n. 
3. Manufacturers shall keep , at the disposal of the approval authorities,  the information 
package and a copy of the certificates of co nformity , for a period of 10 years after the 
placing on the market  of a non-road mobile machinery . 
4. Following a  reasoned  request from a national authority, m anufacturers shall provide 
that authority through the approval authority with a copy of the  EU ty pe-approval 
certificate  translated in a language which can be easily understood by that authority.  
Manufacturers shall cooperate with the national authority on any action taken in 
accordance with Article 19 of Regulation  (EU) 2019 /1020 to eliminate the ri sks 
posed by their non-road mobile machinery  which have been placed on the market, 
registered or entered into service.  
5. Manufacturers shall examine any complaints they receive relating to risks, suspected 
incidents or non -compliance issues with the non-road mobile machinery that they 
have placed on the market.  
In case of a substantiated complaint, manufacturers shall inform th eir distributors and 
importers thereof.  
Manufacturers shall keep a record of complaints referred  to in the first paragraph , 
including for each complaint a description of the issue and the details needed to 
identify the affected type of non -road mobile machine . 
Article 8  
Obligations of manufacturer’s representatives  concerning market surveillance  
The manufacturer’s representativ e for market surveillance shall perform the tasks specified in 
the mandate received from the manufacturer. That mandate shall allow a representative to do 
the following:  
(a) have access to the information folder referred to in Article 18 and the certificates of 
conformity ; 
(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 ;  
(c) cooperate with the approval or market surveillance authorities, at their request, on 
any action taken to eliminate the serious risk posed by non-road mobile machinery  
covered by their mandate.  EN 24  EN Article 9 
General o bligations of importers  
1. Importers shall ensure that non-road mobile machinery that they place on the market 
belongs to a type that has been granted an EU type -approval  and conforms to that 
type.  
2. Importers shall ensure that an EU type -approved non -road mobile machinery  that 
they place on the market bears the statutory plate and marking, required by this 
Regulation, the certificate of conformity accompanies that machinery, the 
documents, information  and instructions  for user have been drawn up as required by 
this Regulati on, and the obligations  set out in Article 6 (3) and (4) , where applicable,  
have been fulfilled.  
3. Importers shall indicate their name, registered trade name or registered trade mark, 
and the postal address and the email address at which they can be conta cted, on the 
non-road mobile machinery or, where that is not possible, on its packaging or 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 la nguage 
easily understood by end -users and market surveillance authorities.  
4. Importers shall ensure that, while an EU type -approved non -road mobile machinery 
is under their responsibility  and is intended to be made available on the market , 
storage or transport conditions do not jeopardise its conformity with the relevant 
provisions  of this Regulation .  
Article 10 
Specific o bligations of importers  
1. Importers shall not make available on the market  non-road mobile machinery that is 
not in conformity with this Regulation, until it has been brought into conformity.   
2. Importers 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 such conformity, to withdraw it or to recall it, as 
appropriate.  
3. Importers who have suffi cient 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 manufacturer , the approval  and the market surveillance 
authorities of the Member States in which they have placed it on the market  or 
enter ed it into service .  
The importer shall also inform them of any action taken and give details of the 
serious risk and any corrective measures taken by the manufacturer.  
4. Importers shall, for a period of 10 years after the placing on the market  of the non-
road mobile machinery , keep a copy of the certificate of conformity at the disposal of 
the approval and market surveillance authorities and shall ensure that the information 
package can be made available to those authorities, upon request  of those authorities . EN 25  EN 5. Importers shall , following a reasoned request from a national authority, provide it 
with all  the information and documentation  necessary to demonstrate the conformity 
of a non-road mobile machinery  in a language which can be easily understood by 
that authority. Importers  shall cooperate with that authority, at its request, on any 
action taken to eliminate the risks posed by a non-road mobile machinery  which they 
have placed on the marke t. 
6. Importers shall keep a record of complaints and recalls relating to non -road mobi le 
machinery that they have placed on the market, and shall keep their distributors 
informed of such complaints and recalls.  
Article 1 1 
General obligations of distributors  
1. When making a n EU type -approved  non-road mobile machinery  available on the 
market, distributors shall act with due care in relation to  the relevant provisions of 
this Regulation . 
2. Before making an EU type -approved non-road mobile machinery available on the 
market , distributors shall verify  that the following c onditions have been fulfilled:  
(a) the non-road mobile machinery  bears the  statutory plate  and marking , required 
by this Regulation;  
(b) the certificate of conformity accompanies that machinery;  
(c) the documents , information  and instructions  for the user have been drawn up as  
required by this Regulation ;  
(d) the obligations  set out in Article 6 (3) and (4) and Article 9 (3), where 
applicable . 
3. Distributors shall ensure that, while a n EU type -approved non -road mobile 
machinery is under thei r responsibility, storage or transport conditions do not 
jeopardise its conformity  with this Regulation.  
Article 1 2 
Specific o bligations of distributors  
1. Where distributors have sufficient reason to believe that  non-road mobile machinery 
is not in conformity with this Regulation, they shall inform thereof the manufacturer, 
the importer and the approval authority that granted the EU type -approval, and shall 
not make available on the market  that machinery until it has been brought into 
conformity.  
2. Distributors who have suffi cient reason to believe that a  non-road mobile machinery 
which they have made available on the market  is not i n conformity with this 
Regulation shall inform the manufacturer , the importer and the approval authority 
that granted the EU type -approval . 
3. Distributors 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 manufacturer , the importer and the approval and the market 
surveillance authorities of the Member States in which they made it available on the 
market.  EN 26  EN The distributor shall also inform them of any action taken and give details, in 
particular, of the serious risk and  of corrective measures taken by the manufacturer.  
4. Distributors shall, following a reasoned request from a national authority, ensure that 
the manufacturer provide s the national authority with the information specified in 
Article 7 (4) or that the importer provide the national authority with the information 
specified in Article 10(4). They shall cooperate with that authority, at its request, on 
any action tak en in accordance with Article 19 of Regulation (EU) 2019/1020  to 
eliminate the risks posed by the non-road mobile machinery  which they have made 
available on the market . 
5. Distributors shall immediately inform the relevant manufacturer of any complaints 
they received relating to risks, suspected incidents or non -conformity  issues wi th 
non-road mobile machinery that they have made available on the market.  
Article 1 3 
Cases in which obligations of manufacturers apply to importers and distributors  
An importer or distributor shall be considered a manufacturer for the purposes of this 
Regulation and shall be subject to the obligations of the manufacturer in any of the foll owing 
cases:  
(a) where the importer or distributor makes available on the market, registers or is 
responsible for the entry into service of a non-road mobile machinery  under its name 
or trademark ; 
(b) where the importer or distributor modifies that machinery  in such a way that 
compliance with th is Regulation  may be affected.  
Article 1 4 
Identification of economic operators  
Economic operators shall, on request, identify to the approval and market surveillance 
authorities, for a period of 10 years after the placing on the mark et of non -road mobile 
machinery , the following : 
(a) any economic operator who has supplied them with a non-road mobile machinery ; 
(b) any economic operator to whom they have supplied a non-road mobile machinery . 
Article 1 5 
 Technical requirements  for non -road mobile machinery  
1. Non-road mobile machinery  shall be  designed, constructed and assembled so as to 
minimise the risk of injury to the occupants and to other persons and of damage to 
road infrastructure , in the machinery ’s surrounding are a, while that non -road mobile 
machinery is circulating on a public road.   
2. The Commission is empowered to adopt delegated acts in accordance with Article 47 
concerning detailed rules on the requirements set out in paragraph 1 for the following  
elements : EN 27  EN (a) vehicle structure integrity;  
(b) maximum design speed, speed governor,  speed limitation devices  and 
speedometer ; 
(c) braking devices;  
(d) steering;  
(e) field of vision ; 
(f) windscreen wipers;  
(g) glazing  and its installation ; 
(h) indirect vision devices ; 
(i) lighting  and lighting installations ; 
(j) vehicle exterior and accessories in on road position , including working 
equipment and swinging structure ; 
(k) audible warning devices  and their installation ; 
(l) heating systems, defrost and demist;  
(m) registration plate  spaces ; 
(n) statutory plate and marking;  
(o) dimensions;  
(p) masses, including maximum on -road laden mass;  
(q) fuel tanks;  
(r) tyres;  
(s) reverse gear;  
(t) tracks;  
(u) mechanical couplings ;  
(v) driver and other occupants’ seating positions and restrain systems ; 
(w) operator’s manual for road use ;  
(x) operator’s controls for on -road use;  
(y) on-road information, warnings and markings .  
The delegated acts referred to in the first subparagraph may lay down detailed rules 
for any othe r element, where that is necessary, due to technical and scientific 
progress, and to ensure compliance with paragraph 1.  
The delegated acts referred to in the first subparagraph shall  also, where appropriate , 
include  detailed rules on the following : 
(a) test procedures chosen from those listed in Article 21(3 ); 
(b) test methods ; 
(c) limit values or parameters , in relation to any of the elements listed in the first 
subparagraph;  EN 28  EN (d) description of equipment or parts that  non-road mobile machinery shall be 
equipped with ; 
(e) specific  characteristics  of the non-road mobile machinery . 
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 diff erent classes or categories of non -road mobile machinery.  
Article 16  
Making availa ble on the market, registration or  entry into service  of non -road mobile 
machinery  
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.  
2. Non-road mobile machinery shall be in conformity with this Regulation only if the 
obligations set out in this Regulation , corresponding  to that machinery, have been 
fulfilled . 
CHAPTER III 
EU TYPE -APPROVAL PROCEDURE  
Article 1 7 
Application for EU type-approval  
1. A natural or legal person may  submit an application for  EU type-approval  in any 
Member State . 
The application for EU approval shall be submitted  to an approval authority.  
In the case where the applicant for EU type -approval is established outside the 
Union, that applicant  shall appoint a single representative established within the 
Union to represent him or her before the approval authority.  
2. The EU type-approval shall consist of the approval of a non -road mobile machinery 
as a whole by means of a single operation.  
3. Only one application  for EU type -approval  shall  be submitted in respect of a 
particular type of non-road mobile machinery  in only one Member State  and to only 
one approval authority therein . 
4. A separate application  for EU type -approval  shall be submitted for each type to be 
approved.  
Article 1 8 
Information folder  
1. The applica nt for EU type -approval , when submitting an application in accordance 
with Arti cle 17 (1), shall provide the approval authority with an information folder.  EN 29  EN 2. The information folder shall include the following:  
(a) an information document;  
(b) all data, drawings, photographs and other relevant information;  
(c) the EU declaration of co nformity provided for in the applicable  Union 
legislation harmonising the conditions for the marketing of products ;  
(d) any information requested by the approval authority in the context of the 
application procedure . 
3. The information folder shall  be supplied in paper format, or in an electronic format 
that is accepted by the technical service and by the approval authority.  
4. The Commission shall lay down templates for the information document and for the 
information folder by means of implementin g acts. Those implementing acts shall be 
adopted in accordance with the examination procedure referred to in Article 46(2).   
CHAPTER IV 
CONDUCT OF EU TYPE -APPROVAL PROCEDURES  
Article 1 9 
General provisions  on conduct of EU type -approval procedures  
1. Approval authorities shall grant only one EU type -approval for each type of non -road 
mobile machinery.  
2. Approval authorities  shall verify  all of the following:  
(a)  the conformity of production arrangements referred to in Article 2 2; and 
(b)  the compliance of the type of non-road mobile machinery  with the applicable 
technical requirements.  
If an approval authority finds that a type of non-road mobile machinery , though 
conforming to the relevant technical requirements presents  a serious risk, it may 
refuse to grant EU type -approval. In that case, it shall immediately send to the 
approval authorities of the other Member States and the Commission a detailed file 
explaining the reasons for its decision and setting out the evidence for its findings . 
3. The approval authority shall inform the approval authorities of the other Member 
States of its refusal or withdrawal of any EU type-approval  without delay , together 
with the reasons for its decision , by means of a  common secure electronic exchange 
system. 
4. The approval authority shall put together an information package consisting all of the 
following:  
(a) information folder accompanied by the test reports and all other documents 
added by the technical service or by the approval authority to the information 
folder in the course of carrying out their functions ;  
(b) index listing the contents  of the information package , suitably numbered or 
otherwise marked so as to identify clearly all the pages and the format of each 
document such as to present a  record of the successive steps in the EN 30  EN management of the EU type -approval, in particular the dates of revisions and 
updating. The approval authority shall keep information contained in the 
information package available for a period of 10 years after the en d of validity 
of the approval concerne d. 
5. The Commission may have access to the common secure electronic exchange 
system, referred to in paragraph 3 and Articles 20(3), 25(3) and 26 (5). The 
Commission may  adopt implementing acts laying down the format of  the electronic 
documents that are to be made available  through that system , the exchange 
mechanism, the procedures to inform authorities on the granting of EU type -
approvals, on amendments, refusals and withdrawals thereof and on t he relevant 
security mea sures.  Those  implementing acts shall be adopted in accordance with the 
examination procedure referred to in Article 4 6(2).  
Article 20 
EU type -approval certificate  
1. When an EU type -approval is granted, an EU type -approval certificate shall be 
issued by the approval authority to the applicant  for EU type -approval . 
The EU type -approval certificate shall remain valid as long as the EU type -approval 
is valid.  
The EU type approval certificate shall be amended by the approval authority  when 
the relevant EU type approval is amended.  
2. The EU type -approval certificate shall contain  all of the following  attachments : 
(a) the information package ; 
(b) the test results sheet;  
(c) name  and specimen of the signature of the person authorised to sign a 
certificates of conformi ty and a statement of their position in the company;   
(d) a filled -out specimen of the certificate of conformity.  
3. EU type -approval certificates shall be number ed in accordance with a harmonised 
system laid down by the Commission by means of implementing acts. Those 
implementing acts shall be adopted in accordance with the examination procedure 
referred to in Article 46(2). The approval authority shall, within on e month of issuing 
the EU type -approval certificate, send to the approval authorities of the other 
Member States a copy of the EU non -road mobile machinery type -approval 
certificate, together with the attachments, by means of a common secure electronic 
exchange system.  
4. The EU type -approval certificate shall be issued on the basis of the template 
established  by the Commission by means of implementing acts. Those implementing 
acts shall be adopted in accordance with the examination procedure referred to in  
Article 46(2). In respect of each type of non -road mobile machinery , the approval 
authority shall:  
(a) complete all the relevant sections of the EU type -approval certificate, including 
the test results sheet appended thereto;  
(b) compile the index to the information package ; EN 31  EN (c) issue the completed certificate, together with its attachments, to the applicant  
for EU type -approval , without delay.  
5. The Commission shall lay down the template for the test results sheet referred to in 
paragraph  2, point ( b) by means of implementing acts. Those implementing acts shall 
be adopted in accordance with the examination procedure referred to in Article 46(2).  
6. In the case of an EU type -approval for which, in accordance with Article 29, 
restrictions have been imposed as to its validity, the EU type -approval certificate 
shall specify those restrictions.  
7. The approval authority shall establish a list of applicable requirements or acts and 
append that list to the EU type -approval certificate. The Commission shal l adopt the 
template for such a list by means of implementing acts. Those implementing acts 
shall be adopted in accordance with the examination procedure referred to in Article 
46(2).  
Article 2 1 
Demonstrating compliance  for EU type -approval  
1. For the purpose of granting EU -type approval, compliance shall  be demonstrated 
with the requirements  of this Regulation, and in particular the applicable technical 
requirements . 
2. The applicant  for EU type -approval  shall demonstrate c ompliance with the 
applicable technical  requirements by establishing technical documentati on. 
3. The technical  documentation  referred to in paragraph  2 shall , if tests are required by 
the delegated acts adopted pursuant to this Regulation , include  relevant test reports 
resulting from the following test procedures : 
(a) testing carried out by the manufacturer;  
(b) testing carried out by a technical service designated to perform such activity or 
the accredited in -house technical service , referred to in Article 40, of that 
manufacturer;  
(c) testing carried out by the manufacturer under the supervision of a technical 
service designated to perform such activity , other than an accredited in -house 
technical service referred to in Article 40.  
4. For the EU -type approv al of non -road mobile machinery, components or separate 
technical unit which are type -approved in accordance with the procedures and 
requirements set out in Regulation  (EU)  167/2013 or Regulation  (EU)  2018/858 shall 
be accepted, if they are correctly installed and integrated into the non -road mobile 
machinery  and do not  affect the conformity of that machinery with the applicable 
technical requirem ents. 
5. The format of the test report s refer red to in paragraph 3 shall comply with the general 
requiremen ts as laid down by the Commission by means of implementing acts. Those 
implementing acts shall be adopted in accordance with the examination procedure 
referred to in Article 46(2).  
6. The applicant for EU type -approval shall make available to the approval  authority as 
many non-road mobile machinery  as are required under the relevant delegated acts EN 32  EN adopted pursuant to this Regulation  for the performance of the tests  required by those 
delegated acts . 
The required tests shall be performed on non-road mobile m achinery  which are 
representative of the type to be approved.  
However, the applicant  for EU type -approval  may select, subject to the  agreement 
with the approval authority, a non-road mobile machinery  which is not a 
representative of th at type but combines a number of the most unfavourable features 
with regard to the required level of performance. Virtual testing methods may be 
used to aid decision -making during the selection process.  
7. Subject to the agreement of the approval authority, virtual testing met hods may be 
used as alternatives to the test procedures referred to in paragraph 3 at the request of 
the applicant with  respect to those requirements established in the delegated acts  
adopted pursuant to paragraph 9.   
8. Virtual testing methods shall fulfi l the conditions set out in the delegated acts  
adopted pursuant to paragraph  9. 
9. In order to ensure that the results obtained through virtual testing are as meaningful 
as those obtained through physical testing, the Commission is empowered to adopt 
deleg ated acts in accordance with Article 47 setting out  the requirements , compliance 
with which can be test ed by means  of virtual testing and the conditions under which 
the virtual testing are to be performed.  
Article 2 2 
Conformity of production arrangements  
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 . 
2. The approval  authority shall verify that the holder of EU type -approval has issu ed a 
sufficient number of samples of certificates of conformity in accordance with  Article 
27 and that the holder of EU type -approval has made adequate arrangements to 
ensure that the data in the certificates of conformity are correct.  
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. 
4. The approval authority which has granted th e EU type -approval may carry out any of 
the checks or tests, required for the EU type -approval, on samples taken at the 
premises of the holder of EU type -approval , including production facilities.  
5. When an approval authority which has granted an EU type -approval establishes that 
the arrangements referred to in paragraphs 1 and 2 are not being applied, deviate 
significantly from the arrangements and  control plans agreed  or are no longer EN 33  EN considered to be adequate, even though production is continued, it sha ll either take 
the necessary measures to ensure that the procedure for  conformity of production is 
followed correctly or withdraw th at EU type-approval . 
The Commission is empowered to adopt delegated act s in accordance with Article 47 
concerning the detailed arrangements with regard to conformity of production.  
CHAPTER V 
AMENDMENTS  TO EU TYPE -APPROVAL   
Article 2 3 
General provisions  
1. The holder of EU type -approval shall inform without delay the approval authority 
that granted the EU t ype-approval  of any change in the particulars recorded in the 
information package . 
2. That approval authority shall decide which of the procedures laid down in Article 24 
is to be followed.  
3. Where necessary  and after consulting  the holder of EU type -approval,  the approval 
authority may decide  that an amendment of  EU type -approval  needs  to be granted.  
4. The holder of EU type -approval to be amended shall submit a n application for the 
amendment of an EU type -approval  to the approv al authority that granted the EU 
type-approval to be amended . 
5. Where  the approval authority establishes  that, for the purposes of making an 
amendment  to an EU type -approval , inspections or tests need to be repeated , it shall 
inform the holder of the EU t ype-approval to be amended accordingly . 
The procedures referred to in Article 24 shall apply only if, on the basis of those 
inspections or tests, the approval authority concludes that the requirements for EU 
type-approval continue to be fulfilled.  
Article 24 
Amendments to the EU type -approval   
1. Where the approval authority verifies that the  particulars recorded in the information 
package have changed, the approval authority shall grant an amendment to the EU -
type approval for which the application was submitted in accordance with Article 23.  
2. The approval authority shall designate the amendment  as a ‘revision’  if inspections 
or tests are not required to be repeated . 
In such a case, the approval authority shall issue the revised pages of the informatio n 
package as necessary, marking each revised pages to show clearly the nature of the 
change and the date of reissue. A consolidated, updated version of the information 
package, accompanied by a detailed description of the changes, shall be deemed to 
meet t hat requirement.  EN 34  EN 3. The approval authority shall designate the amendment  as an ‘extension’ if any of the 
following occurs:  
(a) further inspections or tests are required;  
(b) any information on the EU type -approval certificate, with the exception of its 
attachments, has changed;  
(c) new requirements   under any delegated acts adopted pursuant to this 
Regulation become  applicable to the type-approved non-road mobile 
machinery . 
4. Whenever amended pages of the information package or a consolidated, updated 
version of that package are issued, the index to the information package attached to 
the type-approval certificate shall be amended accordingly to show either the date of 
the most recent extension or revision or the date of the most recent consolidation of 
the updated version.  
5. No amendment to the EU type-approval  of a non-road mobile machinery  shall be 
required if the new requirements referred to in paragraph 3, point (c) are, from a 
technical point of view, irrelevant to that type of non-road mobile machinery.  
Articl e 25 
Issue and notification of amendments  
1. In the case of a revision, the revised documents or the consolidated, updated version, 
as appropriate, including the revised index to the information package, shall be 
issued by the approval authority to  the holder of EU type -approval . 
2. In the case of an extension, the approval authority shall issue an updated EU type -
approval certificate denoted by an extension number, incremented in accordance with 
the number of successive extensions alre ady granted. That certificate shall clearly 
show the reason for the extension and the date of reissue of the updated EU type -
approval certificate.  All relevant sections of that  certificate, the attachments thereto, 
and the index to the information package s hall be updated.  
That updated certificate and its attachments shall be issued by the approval authority 
to the  holder of EU type -approval.   
3. The approval authority shall notify any amendment made to EU type -approvals to 
the approval authorities of the o ther Member States , by means of a common secure 
electronic exchange system.  
 
CHAPTER VI 
VALIDITY OF EU TYPE -APPROVAL   
Article 2 6 
Termination of validity  
1. EU type -approval s shall  be granted  for an unlimited duration.  EN 35  EN 2. An EU type -approval  shall become invalid  in each  of the following cases:  
(a) production of the EU type-approved non-road mobile machinery  is definitively 
discontinued voluntarily;  
(b) new requirements applicable to the EU type-approved non -road mobile 
machinery become mandatory for the ma king available on the market, 
registration, or entry into service of non -road mobile machinery, and it is not 
possible to update  the type -approval in accordance with Chapter V ; 
(c) the validity of the EU type-approval  expires by virtue of a restriction in 
accordance with Article 29(3); 
(d) the EU type-approval    has been withdrawn in accordance with Article 2 2(5). 
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).  
3. Where only one variant within a type or one version within a variant is affected , the 
EU type -approval  of the non-road mobile mac hinery  in question shall become invalid  
only in so far as the particular variant or version is concerned.  
4. When production of a particular type of non-road mobile machinery  is definitivel y 
discontinued, the holder of EU type -approval  shall notify the app roval authority that 
granted the EU type -approval  for that non-road mobile machinery  thereof . 
5. Within one month of receiving the notification referred to in paragraph  4, the 
approval authority which granted the EU type -approval  for the non-road mobile 
machinery  shall inform the approval authorities of the other Member States , 
accordingly  by means of a common secure electronic exchange system . 
6. Without prejudice to paragraph s 4 and 5 , in cases where an EU type -approval  of a 
non-road mobile machinery  is due to become invalid, the holder of EU type -approval  
shall notify the approval authority that granted the EU type -approval  thereof . 
The approval authority that granted the EU type -approval  shall without delay 
communicate all relevant information to the a pproval authorities of the other 
Member States  by means of a common secure electronic exchange system . 
7. The communication referred to in paragraph  6 shall specify, in particular, the date of 
production and the vehicle identification number of the last non-road mobile 
machinery  produced.  EN 36  EN  
CHAPTER VII 
CERTIFICATE OF CONFORMITY  AND THE  STATUTORY 
PLATE  WITH THE MARKING  
Article 2 7 
Certificate of conformity  
1. The manufacturer  shall deliver a certificate of conformity  to accompany each non-
road mobile machinery  that is manufactured in conformity with the EU type -
approved non-road mobile machinery . 
2. The certificate of conformity  shall be delivered free of charge to the end-user 
together with the non-road mobile machinery . Its delivery may not be made 
dependent on an explicit request or the submission of additional information to  the 
holder of  EU type-approval .  
3. The certificate of conformity  may be provided either in paper or  in electronic format .  
However , if the purchaser request s, at the time of the purchas e of the non -road 
mobile machinery, a paper format of that certificate, that certificate  shall be provided 
in paper format free of charge.  
4. For a period of 10 years after the production date of the non-road mobile machinery , 
the manufacturer  shall, at the request of the non-road mobile machinery owner, issue 
a duplicate of the certificate of conformity against a payment not exceeding the cost 
of issuing it. The word ‘duplicate’ shall be clearly visible , in the language that the 
certificate of  conformity was drawn up,  on the face of any duplicate certificate.  
5. The manufacturer  shall use the template for the certificate of conformity adopted by 
the Commission by means of implementing acts. Those implementing acts shall be 
adopted in accordance  with the examination procedure referred to in Article 46(2). 
The certificate of conformity shall be designed to prevent forgery. To that end, the 
implementing acts shall provide that the format used  in the certificate shall be 
protected by several securit y features . The certificate of conformity shall be drawn 
up in an official languag e of a Member State . Any approval authority may request 
from the manufacturer  the certificate of conformity to be translated into its own 
official languages.  
6. The person au thorised to sign certificates of conformity shall be in the organisation  
of the manufacturer  and duly  authorised by the management to fully engage the legal 
responsibility of the manufacturer with respect to the design and the construction or 
to the conformity of the production of the non-road mobile machinery . 
7. The certificate of conformity shall be co mpleted in its entirety and without 
containing restrictions as regards the use of the non-road mobile machinery  other 
than those provided for in this Regulation ..  
8. The certificate of conformity shall, for non-road mobile machinery  approved in 
accordance  with Article 29(2), display in its title the phrase ‘For non-road mobile 
machinery,  type-approved in application of Article 2 9(2) of [OP: please inser t the 
full name and date of this regulation - adopted act]  (provisional approval)’.   EN 37  EN 9. Without prejudice  to paragraph 1, the manufacturer may transmit the certificate of 
conformity by electronic means to the registration authority of any Member State.  
Article 2 8 
Statutory plate with the marking  of non-road mobile machinery  
1. The manufacturer  of a non-road mobile machinery  shall affix to each non-road 
mobile machinery  manufactured in conformity with the approved type a statutory 
plate with marking .   
2. The statutory plate with the marking shall be in accordance with the model set out by 
the Commission by me ans of implementing acts. Those implementing acts shall be 
adopted in accordance with the examination procedure referred to in Article 46(2). 
The first such implementing acts shall be adopted by [OP: please insert the date – 30 
months from the date of entry into force of this regulation.] . 
CHAPTER VIII  
NEW TECHNOLOGIES OR NEW CONCEPTS  
Article 2 9 
Exemptions for new technologies or new concepts  
1. The applica tion referred to in Article 17  may be submitted in respect of a type of 
non-road mobile machinery  that incorporates new technologies or concepts which 
are incompatible with the applicable technical  requirements .   
2. The approval authority  shall , after assessing  all of the following conditions are met, 
grant  the EU type -approval for the non-road mobile  machinery referred to in 
paragraph 1:  
(a) the application states the reasons why the technologies or concepts in question 
are incompatible with the applicable technical requirements ; 
(b) the applic ation describes the  implications   in relation to the cover ed aspects  of 
the new technology and the measures taken in order to ensure at least an 
equivalent level of protection in relation to  the covered aspects as that provided 
by the requirements from which exemption is sought;  
(c) test descriptions and results  carried out by a technical service designated to 
perform such activity or by the accredited in -house technical service, referred 
to in Article 38 , of that manufacturer  demonstrate  that the condition in point (b) 
is met.  
3. The granting of such an EU type -approval exempting new technologies or new 
concepts shall be subject to authorisation by the Commission. That authorisation or 
the refusal to grant an authorisation shall be given by means of an implementing act. 
That implementing act shall be adopted in ac cordance with the examination 
procedure referred to in Article 46(2). 
Where appropriate, such implementing act shall specify whether the authorisation 
given by it is subject to any restrictions, including a validity period.  EN 38  EN In all cases, the EU type-approval shall be valid for at least 36 months.  
4. Pending the decision on authorisation by the Commission, the approval authority 
may grant  a provisional EU type -approval .  
However, s uch EU type -approval  shall  be valid only in the territory of that Member 
State, in respect of a type of non-road mobile machinery  covered by the exemption 
sought , and the Member S tates of which the approval a uthority accepted that 
approval  in accordance with paragraph 5.  
The approval  authority that granted the provisional EU type -approval  shall inform 
the Commis sion and other approval authorities  without delay by means of a file 
containing th e informat ion referred to in paragraph 2 that all the conditions referred 
to in that paragraph  are fulfilled . 
The provisional nature and the limited territorial validity shall be apparent from the 
heading of the type -approval certificate and the heading of the certificate of 
conformity. The Commission may adopt implementing acts in order to provide for 
templates f or the type -approval certificate and the certificate of conformity for the 
purposes of this paragraph. Those implementing acts shall be adopted in accordance 
with the examination procedure referred to in Article 46(2). 
5. An approval authority , other than the authority referred to in paragraph 4, may  accept 
in writing the provisional EU t ype-approval  referred to in paragraph 4 , so that the 
validity of that provisional  approval  is extended in the territory of  that Member State . 
6. Where the Commission refuse s the  authorisation, the approval authority shall 
immediately give notice to the holder of the provisional type -approval referred to in 
paragraph 3 that the provisional approval will be revoked six months after the date of 
applicability of the implementing  act referred to in paragraph 3 . 
However, non-road mobile machinery may be placed on the market, registered or 
entered into service in the Member State  of which the approval authority granted that 
approval and in any Member State of which the approval authority  accepted th at 
approval , if: 
(a) that machinery was manufactured in conformity with the provisional EU type 
approval before it ceased to be valid;  
(b) that machinery b ears the statutory plate and marki ng, required by this 
Regulation;  
(c) the provi sional certificate of c onformity accompanies that machinery ; and  
(d) the documents, informatio n and instructions for the user  have been drawn up as  
required by this Regulation.  
Article 30 
Subsequent amendment of delegated and implementing acts  
7. Where th e Commission authorises the granting of an exemption pursuant to Article 
29, it shall immediately take the necessary steps to amend  the delegated or 
implementing acts concerned to technological developments.  
8. As soon as the relevant acts have been amended, any restriction in the Commission 
decision authorising the exemption shall be lifted.  EN 39  EN 9. If the necessary steps to amend the delegated or implementing acts have not been 
taken, the Commission may, at the request of the Member State which granted t he 
approval, authorise, by means of an implementing decision  adopted in accordance 
with the examination procedure referred to in Article 46(2), the Member State to 
extend the EU type-approval.  
CHAPTER IX 
SAFEGUARD CLAUSES  
Article 3 1 
National evaluation of non -road mobile machinery suspected of presenting a serious risk or 
not being  in conformity  
1. Where, based on their own market surveillance activities, or based on information 
provided by an approval authority or a manufacturer or b ased on complaints, the 
market surveillance authority of a Member State ha s sufficient reasons to believe that 
a non -road mobile machinery presents a serious risk or is in not conformity with this 
Regulation , it shall  carry out an evaluation of  the non-road mobile machinery 
concerned with respect to the relevant  provisions of  this Regulation.  
2. The relevant economic operators and the relevant approval authorities shall 
cooperate fully with the market surveillance authorities .  
Article 3 2 
National procedures for dealing with non -road mobile machinery presenting a serious risk 
or not  being  in conformity  
1. Where, after having performed the evaluation pursuant to Article 31, the market 
surveillance authority finds that a non -road mobile machi nery presents a serious risk, 
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.  
2. Where, after having performed the evaluation pursuant to Article 3 1, the market 
surveillance authority finds that a non -road mobile machinery  is not in conformity  
with this Regulation  and that it does  not present a serious risk as referred to in 
paragraph 1, that autho rity shall require without delay that the relevant economic 
operator take s all appropriate corrective measures within a reasonable period to  bring 
that machinery into c onformity . That period shall be proportionate to the seriousness 
of non -compliance.  
3. Economic operators shall, in accordance with the obligations set out in Articles 6 to 
13, ensure that all appropriate corrective measures are taken in respect of all 
concerned non-road mobile machinery that they have placed on the market, 
registered or ente red into service.  
4. Where economic operators do not take  appropriate  corrective measures within the 
relevant period referred to in paragraph 1 or 2  or where the risk requires rapid action, 
the national authorities shall take all appropriate provisional r estrictive measures to EN 40  EN 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 t o withdraw them 
from that market or to recall them.  
5. Article 18 of Regulation (EU) 2019/1020 shall apply to the restrictive measures 
referred to in paragraph  4. 
Article 33 
Corrective and restrictive measures at Union level  
1. The market surveillance authority  taking either a corrective or a 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 .  
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  the 
corrective  or restri ctive 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 Council  31. 
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,  the origin  of that mobile machinery , the 
nature of the alleged non -compliance or the risk involved, the nature and duration of 
the national corrective and restrictive measures taken, and the arguments put 
forward , when those arguments are put forward,  by the relevant economic operator.  
2. The Member State that takes the corrective or restrictive measure shall indicate 
whether the ri sk or the non -compliance is due to the following:  
(a) the failure of the non-road mobile machinery  to comply with this Regulation ; 
or 
(b) shortcomings in the relevant regulatory acts adopted pursuant  to this 
Regulation . 
3. Member States other than the Member State that takes corrective or restrictive 
measures shall inform within one month after the notification referred to in 
paragraph 1, the Commission and the other Member States of any corrective or 
restrictive measures th ey 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.  
4. Where, with in three  month s 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 
                                                 
31 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 
2001 on general product   safety (OJ L 11, 1 5.1.2002, p. 4).  EN 41  EN similar corrective or rest rictive measures are taken without delay within their 
territories in respect of the non -road mobile machinery concerned.  
5. Where, within three  month s after the notification referred to in paragraph 1, another 
Member State or the Commission raises an objec tion in respect of a notified national 
measure,  or where the Commission considers that a notified national measure is 
contrary to Union law , the Commission shall consult the Member States concerned 
and the relevant economic operator or operators without de lay. 
6. On the basis of the consultation referred to in paragraph  5, the Commission shall 
adopt implementing acts to decide on harmonised corrective or restrictive measures 
at Union level. Those implementing acts shall be adopted in accordance with the 
examination procedure referred to in Article 46(2). 
7. The Commission shall immediately communicate the decision referred to i n 
paragraph  6 to the relevant economic operator or operators. Member States shall 
enforce measures contained in the acts referred to in paragraph 6 without delay and 
shall inform the Commission accordingly.  
8. Where the Commission considers that a notified national measure is  unjustif ied or 
contrary to Union law , the Member State concerned shall withdraw or adapt the 
measure , in accordance with the Commission decision referred to in paragraph  6. 
9. Where the risk or non -compliance is attributed to shortcomings in regulatory acts 
adopted pursuant  to this Regulation , the Commission shall propose the necessary 
amen dments to the acts concerned.  
10. Where a corrective measure is considered to be justified in accordance with this 
Article or is subject to the implementing acts as referred to in paragraph 6, that 
measure shall be available free of charge to holders of registrations fo r the affected 
non-road mobile machinery . Where repairs have been carried out at the registration 
holder's expense before the adoption of the corrective measure, the manufacturer 
shall reimburse the cost of such repairs up to the cost of the repairs requir ed by that 
corrective measure.  
CHAPTER X 
PROVISION OF TECHNICAL INFORMATION  
Article 34 
Information intended for users  
1. The manufacturer shall  not supply any technical information related to the particulars 
provided for in this Regulation which diverges from the particulars approved by the 
approval authority.  
2. The manufacturer shall make available to users all relevant information and 
necessar y instructions describing any conditions or restrictions linked to the use of a 
non-road mobile machinery . 
3. The information referred to in paragraph 2 shall be  provided in the operator’s manual 
for road use.  EN 42  EN 4. The operator’s manual for road use, includi ng the information referred to in 
paragraph 2, shall be  made available with the non -road mobile machinery and 
supplied : 
(a) 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; and  
(b) in paper or electronic format.  
When the operator’s manual is provided in electronic format, the manufacturer shall 
provide information  in printed or paper  format 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 . 
 
CHAPTER XI 
DESIGNATION AND NOTIFICATION OF TECHNICAL 
SERVICES  
Article 35 
Requirements relating to technical services  
1. Designating approval authorities shall ensure that before they designate a technical 
service pursuant to Article 37, that service meets the requirements laid down in 
paragraphs 2 to 10 of this Article.  
2. A technical service shall be established under the national legislation  and have legal 
personality  except for a technical service belonging to a type -approval authority and 
except for an accredited in -house technical service of the manufacturer, as referred to 
in Article 38 . 
3. A technical service shall be  a third -party body independent of the process of design, 
manufacturing, supply or maintenance of the non-road mobile machinery  it assesses.  
A body belonging to a business association or professional federation representing 
undertakings involved in the design, manufacturing, provision, assembly, use or 
maintenance of non-road mobile machinery  which it assesses, tests or inspects may, 
on conditi on that its independence and the absence of any conflict of interest are 
demonstrated, be considered as fulfilling the requirements of the first sub paragraph.  
4. A technical service, its top -level management and the personnel responsible for 
carrying out t he categories of activities for which they are designated in accordance 
with Article 37(1) shall not be the designer, manufacturer, supplier or maintainer of 
the non-road mobile machinery  which they assess, nor represent parties engaged in 
those activities . This shall not preclude the use of assessed non-road mobile 
machinery  referred to in paragraph 3 that are necessary for the operation of the 
technical service or the use of such non-road mobile machinery for personal 
purposes.  
5. A technical service shal l ensure that the activities of its subsidiaries or subcontractors 
do not affect the confidentiality, objectivity or impartiality of the categories of 
activities for which it has been designated.  EN 43  EN 6. A technical service and its personnel shall 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 mi ght 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.  
7. A technical service shall be capable of  carrying out all the categories of activities for 
which it has been designated in accordance with Article 37(1), by demonstrating to 
the satisfaction of its designating approval authority, that it has:  
(a) personnel with appropriate skills, specific techn ical knowledge and vocational 
training as well as sufficient and appropriate experience to perform the task;  
(b) descriptions of the procedures relevant for the categories of activities for which 
it is seeking to be designated, ensuring the transparency an d reproducibility of 
those procedures;  
(c) procedures for the performance of the categories of activities for which it is 
seeking to be designated which take due account of the degree of complexity of 
the technology of the non-road mobile machinery  in ques tion, and the mass or 
serial nature of the production process; and  
(d) means necessary to perform in an appropriate manner the tasks connected with 
the categories of activities for which it is seeking to be designated and that it 
has access to all necessary equipment or facilities.  
In addition, it shall demonstrate to the designating approval authority its compliance 
with the rules  laid down in the delegated acts referred to in Article  41 which are 
relevant for the categories of activities for which it is designated.  
8. The technical services, their top -level management and the assessment personnel 
shall be impartial . They shall not engage in any activity that may conflict with their 
indep endence of judgment or integrity in relation to the categories of activities for 
which they are designated.  
9. Technical services shall take out liability insurance related to their activities unless 
liability is assumed by the Member State in accordance w ith their national 
legislation , or the Member State itself is directly responsible for the conformity 
assessment.  
10. The personnel of a technical service shall observe professional secrecy with regard to 
all information obtained in carrying out their task s under this Regulation or any 
provision of national legislation giving effect to it, except in relation to the 
designating approval authority or where required by Union or national legislation . 
Proprietary rights shall be protected.  
Article 36 
Subsidiarie s of and subcontracting by technical services  
1. Technical services may subcontract some of their activities for which they have been 
designated in accordance with Article 37(1) or have those activities carried out by a 
subsidiary only with the agreement o f their designating approval authority.  EN 44  EN 2. Where a technical service subcontracts specific tasks connected with the categories 
of activities for which it has been designated or has recourse to a subsidiary, it shall 
ensure that the subcontractor or the sub sidiary meet the requirements set out in 
Article 35 and shall inform the designating approval authority accordingly.  
3. Technical services shall take full responsibility for the tasks performed by any of 
their subcontractors or subsidiaries, wherever these  are established.  
4. Technical services shall keep at the disposal of the designating approval authority the 
relevant documents concerning the assessment of the qualifications of the 
subcontractor or the subsidiary and the tasks performed by them.  
Article 37 
Designation of technical services  
1. Technical services shall be designated for one or more of the following categories of 
activities, depending on their field of competence:  
(a) category A: technical services which carry out the tests referred to in th is 
Regulation in their own facilities;  
(b) category B: technical services which supervise the tests referred to in this 
Regulation, where such tests are performed in the manufacturer’s facilities or 
in the facilities of a third party;  
(c) category C: techn ical services which assess and monitor on a regular basis the 
manufacturer’s procedures for controlling conformity of production;  
(d) category D: technical services which supervise or perform tests or inspections 
for the surveillance of conformity of produ ction.  
2. An approval authority may be designated as a technical service for one or more of 
the activities referred to in paragraph 1.  
3. Technical services of a third country, other than those designated in accordance with 
Article 38, may be notified for the purposes of Article 41, but only if such an 
acceptance of technical services is provided for by a bilateral agreement between the 
Union and the third country concerned. This shall not prevent a technical service 
established under the national legislati on in accordance with Article 35(2) from 
establishing subsidiaries in third countries, provided that the subsidiaries are directly 
managed and controlled by the designated technical service.  
Article 38 
Accredited in -house technical services of the manufact urer 
1. An accredited in -house technical service of a manufacturer may be designated only 
for carrying out activities under category A , as referred to in point (a) of Article 
37(1) . That technical service shall constitute a separate and distinct part of the 
undertaking and shall not be involved in the design, manufacturing, supply or 
maintenance of the non -road mobile machinery , systems, components or separate 
technical units it ass esses.  
2. An accredited in -house technical service shall be designated by the approval 
authority of a Member State and meet the following requirements:  EN 45  EN (a)  the accredited in -house technical service shall be accredited by a national 
accreditation body as d efined in point 11 of Article 2 of Regulation (EC) No 
765/2008 of the European Parliament and of the Council32 and in accordance 
with the rules  referred to in Article 39; 
(b) the accredited in -house technical service and its personnel shall be 
organisationally identifiable and have reporting methods within the 
undertaking of which they form part which ensure their impartiality and 
demonstrate it to the relevant national accreditation body;  
(c) neither the accredited in -house technical service no r its personnel shall engage 
in any activity that might conflict with their independence of judgment or 
integrity in relation to the categories of activities for which they have been 
designated;  
(d) the accredited in -house technical service shall supply it s services exclusively to 
the undertaking of which it forms part.  
3. An accredited in -house technical service need not be notified to the Commission for 
the purposes of Article 41, but information concerning its accreditation shall be given 
by the undertak ing of which it forms part or by the national accreditation body to the 
designating approval authority at the request of that authority.  
Article 39  
Rules for the assessment of technical services and accredited in -house technical services  
The Commission is empowered to adopt delegated acts in accordance with Article 47 
concerning the rules with  which the technical services have to comply for their assessment in 
accordance with Article 40 and the accreditation of in -house technical services in accordance 
with Article 38. 
Article 40 
Assessment of the skills of the technical services  
1. The designating approval authority shall draw up an assessment report demonstrating 
that the candidate technical service has been assessed for its compliance with the 
requiremen ts 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.  
2. The assessment on which the report referred to in paragraph 1 is based shall be 
conducted in accordance with the rules  laid down in a delegated act referred to  in 
Article 39. The assessment report shall be reviewed at least every three years.  
3. The assessment report shall be communicated to the Commission upon request. In 
such cases, where the assessment is not based on an accreditation certificate issued 
by a national accreditation body attesting that the technical service fulfils the 
                                                 
32 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out 
the requirements for accreditation and market surveillance relating to the marketing of products and 
repealing Regulation (EEC) No 339/9 3 (OJ L 218, 13.8.2008, p. 30).  EN 46  EN requiremen ts of this Regulation, the designating approval authority shall provide the 
Commission with documentary evidence which attests the technical service’s 
competence and the arrangements in place to ensure that the technical service is 
monitored regularly by t he designating approval authority and satisfies the 
requirements of this Regulation and the delegated acts adopted pursuant to this 
Regulation.  
4. The approval authority that intends to be designated as a technical service in 
accordance with Article 37(2) shall  document compliance through an assessment 
conducted by auditors independent of the activity being assessed. Such auditors may 
be from the same organisation provided that they are managed separately from 
personnel undertaking the assessed activity.  
5. An accredited in -house technical service shall comply with the relevant provisions of 
this Article.  
Article 41 
Procedures for notification  
1. Member States shall notify to the Commission the name, the address including 
electronic address, the responsible persons and the category of activities with respect 
to each technical service they have designated, as well as any subsequent 
modifications to those designations. The notification act shall state for which 
subjects listed in the Annex to this Regulation  the technical services have been 
designated.  
2. A technical service may conduct the activities referred to in Article 37(1) on behalf 
of the designating approval authority responsible for the type -approval only if it has 
been notified before  hand to the Comm ission in accordance with paragraph 1 of this 
Article.  
3. The technical service referred to in paragraph 2 may be designated by several 
designating approval authorities and notified by the Member States of these 
designating approval authorities irrespective of the category or categories of 
activities it will conduct in accordance with Article 37(1). 
4. Member S tates shall notify t he Commission of any subsequent relevant changes to 
the designation.  
5. Where a specific organisation or competent body carrying out an activity not 
included in those referred to in Article 37(1), needs to be designated in application o f 
the delegated acts adopted pursuant to  this Regulation , the notification shall be made 
in accordance with this Article.  
6. The Commission shall publish on its website a list and details of the technical 
services notified in accordance with this Article.  
Article 42 
Changes to designations  
1. Where a designating approval authority has ascertained or has been informed that a 
technical service designated by it no longer meets the requirements laid down in this EN 47  EN Regulation, or that it is failing to fulfil its o bligations, the designating approval 
authority shall restrict, suspend or withdraw the designation as appropriate, 
depending on the seriousness of the failure to meet those requirements or fulfil those 
obligations. The Member State that has notified this t echnical service shall 
immediately inform the Commission accordingly. The Commission shall modify the 
information published referred to in Article 41(6) accordingly . 
2. In the event of restriction, suspension or withdrawal of the designation, or where the 
technical service has ceased its activity, the designating approval authority shall take 
appropriate steps to ensure that the files of that technical service are either processed 
by another technical service or kept available for the designating approval a uthority 
or for the market surveillance authorities at their request.  
Article 43 
Challenge to the competence of technical services  
1. The Commission shall investigate all cases where it has doubts, or doubt is brought 
to its attention, regarding the competence of a technical service or the continued 
fulfilment by a technical service of the requirements and responsibilities to which it 
is subject.  
2. The Member State of the designating approval authority shall provide the 
Commission, on request, with a ll information relating to the basis for the designation 
or the maintenance of the designation of the technical service concerned.  
3. The Commission shall ensure that all sensitive information obtained in the course of 
its investigations is treated confide ntially.  
4. Where the Commission ascertains that a technical service does not meet or no longer 
meets the requirements for its designation, it shall inform the Member State of the 
designating approval authority accordingly .   
The Commission  shall request t hat Member State to suspend, restrict or withdraw the 
designation , where  necessary.  
Where a Member State fails to take the necessary corrective measures, the 
Commission may adopt implementing acts to decide to restrict, suspend or withdraw 
the designation of the technical service concerned. Those implementing acts shall be 
adopted in accordance with the examination pro cedure referred to in Article 4 6(2). 
The Commission shall notify the Member State concerned of those implementing 
acts and shall update the i nformation pub lished referred to in Article 4 1(6) 
accordingly.  
Article 44 
Operational obligations of technical services  
1. Technical services shall carry out the categories of activities for which they have 
been designated on behalf of the designating approval authority and in accordance 
with the assessment and test procedures provided for in this Regulation . . 
2. Technical services shall supervise or shall themselves carry out the tests required for 
approval or inspections as set out in this Regulation . The technical services shall not EN 48  EN conduct tests, assessments or inspections for which they have not been duly 
designated by their approval authority.  
3. Technical services shall at all times:  
(a) allow their designating approval authority to witness the t echnical service 
during the conformity assessment as appropriate; and  
(b) without prejudice to Article 35(10) and Article 45, provide their designating 
approval authority such information on their categories of activities falling 
under the scope of this Re gulation as may be requested.  
4. Where a technical service finds that requirements laid down in this Regulation have 
not been met by a manufacturer, it shall report this to the designating approval 
authority with a view for the designating approval authori ty requiring the 
manufacturer to take appropriate corrective measures and subsequently not to issue a 
type-approval certificate unless the appropriate corrective measures have been taken 
to the satisfaction of the approval authority.  
5. Where, in the cours e of monitoring conformity of production following the issue of a 
type-approval certificate, a technical service acting on behalf of the designating 
approval authority finds that a non-road mobile machinery  no longer is in conformity  
with this Regulation, it shall report this to the designating approval authority. The 
approval authority shall take the appropriate measures as provided for in Article 2 2. 
Article 45 
Information obligations of technical services  
1. Technical services shal l inform their designating approval authority of the following:  
(a) any non -conformity encountered which may require a refusal, restriction, 
suspension or withdrawal of a type -approval certificate;  
(b) any circumstances affecting the scope of and condition s for their designation;  
(c) any request for information which they have received from market surveillance 
authorities regarding their activities.  
2. On request from their designating approval authority, technical services shall provide 
information on the activities within the scope of their designation and on any other 
activity performed, including cross -border activities and subcontracting.  
CHAPTER XII 
IMPLEMENTING ACTS AND DELEGATED ACTS  
Article 46 
Committee procedure  
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.  EN 49  EN 2. Where reference is made t o this paragraph, Article 5 of Regulation (EU) No 
182/2011 shall apply.  
3. Where the committee delivers no opinion, the Commission shall not adopt the draft 
implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 
182/2011 shall ap ply. 
Article 47 
Exercise of the delegation  
1. The power to adopt the delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  
2. The power to adopt delegated acts referred to in Article 4 (5), Article 15(2), Articl e 
21(9), Article 2 2(6) and Article 39 shall be conferred on the Commission for  a period 
of five years from [ OP: …. -please insert the date of ent ry into force .]. The 
Commission shall draw up a report in respect of the delegation of power not later 
than nine months before the end of that five -year period. The delegation of power 
shall be tacitly extended for periods of an identical duration, unless the European 
Parliament or the Council opposes such extension not later than three months before 
the end of each period.  
3. The delegation of power referred to in Article 4 (5), Article 1 5(2), Article 21( 9), 
Article 22(6) and Article 39 may be revoked at any time by the Eur opean Parliament 
or by the Council. A decision to revoke shall put an end to the delegation of the 
power specified in that decision. It shall take effect the day following the pub lication 
of the decision in the Official Journal of the European Union  or at a later date  
specified therein. It shall n ot affect the validity of any delegated acts already in force .  
4. As soon as it adopts a delegated act,  including a revising or amending or repealing  
delegated act, the Commission shall notify it simultaneously to  the European 
Parliament and to the Council.  
5. A delegated act adopted pursuant to Article 4 (5), Article 1 5(2), Article 21( 9), Article 
22(6) and Article 39 shall enter into force only if no objection has been expressed 
either by the European Parliament o r the Council within a period of two months of 
notification of that act to the European Parliament and the Council or if, before the 
expiry of that period, the European Parliament and the Council have both informed 
the Commission that they will not object.  That period shall be extended by two 
months at the initiative of the European Parliament or of the Council.  
 
CHAPTER XIII 
FINAL PROVISIONS  
Article 48 
Amendment to Regulation (EU) 2019/1020  
In Annex I to Regulation (EU) 2019/1020 the following point is added:  EN 50  EN ’71. [Regulation XXX] ‘ on the approval and market surveillance of non -road mobile 
machinery circulating on public roads and amending Regulation  (EU)  2019/1020 ’. 
Article 49  
Forum  
 
1. The Commission shall establish, chair and manage a Forum for Exchange of 
Information on Enforcement (‘the Forum’).  
The Forum shall be composed of representatives appointed by each Member  State 
representing their approval authorities and market surveillance authorities.  
Whenever appropriate, technical services, repre sentatives 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 proce dures referred to in paragra ph 6. 
2. The advisory tasks of the Forum shall have as their objective the promotion of best 
practices , in order to facilitate the uniform interpretation and implem entation of this 
Regulation.  
The Forum shall consider:  
(a) matters related to the uniform interpretation of the requirements laid down in 
this Regulation ;  
(b) the results of the activities relating to type -approval and ma rket surveillance ; 
(c) matters of general relevance with regard to the implementation of the 
requirements laid down in this Regulation in relation to the assessment, 
designation and monitoring of  technical services ; 
(d) infringements by economic operators;  
(e) implementation of the corrective or restrictive measures laid down in Chapter  
IX; 
(f) the planning, coordination and re sults of  market surveillance activities.  
3. As part of its advisory task and taking into account the outcome of the considerations 
under paragraph  2, the Forum may express an opinion or issue a recommendation.  
4. When expressing an opinion or issuing recom mendations the Forum shall endeavour 
to reach a consensus.  If no such consensus can be reached, the Forum shall express 
its opinion or issue its recommendations by a simple majority of the 
Member  States.  Each Member  State shall have one vote. Member  States  with 
diverging positions may request that their positions and the grounds on which they 
are based be recorded in the Forum's opinion or recommendations.  
5. When adopting implementing acts, the Commission shall duly take into account the 
opinions expressed  by the Foru m in accordance with paragraph  2. 
6. The Forum shall establish its rules of procedure  
7. For the purposes of this Regulation:  
(a) Articles 30(2) and 32 of Regulation (EU) 2019/1020 shall not apply ; EN 51  EN (b) references to ‘ADCO’, in Articles 11(8), 30(1) and (3), 31(2) and 33 of 
Regulation (EU) 2019/1020, shall be read as references to the Forum.   
Article 50 
Penalties  
1. Member States shall lay down rules on  penalties applicable to infringements  of this 
Regul ation and shall take all measures necessary to ensure that the penalties are 
implemented. The penalties provided for shall be effective, proportionate and 
dissuasive. Member States shall , by [OP: please insert the date – the exact day that 
precedes the date of applicability of this regulation.] ,  notify those provisions to the 
Commission and shall notify it , without delay , of any subsequent amendment 
affecting them.  
2. The types of infringements which are subject to penalties  shall include:  
(a) making false declarations during approval procedures or procedures leading to 
a recall;  
(b) falsifying test results for type -approval or in -service conformity;  
(c) withholding data or technical specifications which could lead to recall, refusa l 
or withdrawal of type -approval;  
(d) refusal to provide access to information;  
(e) economic operators making available on the market  or entering into service  
non-road mobile machinery  subject to approval without such approval or 
falsifying documents or markings with that intention ; 
(f) economic operators not fulfilling their obligations;  
(g) non-compliance by technical services in respect of the requirements for their 
designation.  
Article 51 
Review  
1. By [OP: please insert the date – 60 months from the date of application of this 
regulation.] , the Commission shall present  a report to the European Parliament and 
to the Council on the implementation of this Regulation, accompanied, wh ere 
appropriate,  by relevant legislative proposals . 
2. The report shall be based on a consultation of relevant stakeholders , shall take into 
account any related European or international standards  and the information referred 
to in paragraph 3 . 
3. By [OP:  please insert the date – 48 months from the date of applicatio n  of this 
regulation.], Member States shall inform  the Commission on  the following : 
(a) the application of the type -approval and market surveillance procedures laid 
down in this Regulation.  
(b) the number of EU type -approvals  granted pursuant to  this Regulation  since 
[OP: please insert the date – date of application  of this regulation.] ; EN 52  EN (c) the national requirements  for national small series type -approval, national 
individual approval and national type approval , and the number of such 
approvals granted  since [ OP: pl ease insert the date – date of application  of this 
regulation.] . 
Article 52  
Transitional provisions  
By way o f derogation from this Regulation, u ntil   … [please insert  date: 8 years from the 
date of application ],  Member States may apply any national legislation on national type-
approval of  non-road mobile machinery for circulating on public road s on non -road mobile 
machinery that is placed on the market between  …..  [Please insert date  of application ] and 
…[please insert  date: 8 years from the date of application ].  During that period, the 
manufacturer may choose either to apply for EU type -approv al or to comply with relevant 
national legislation .  
Article 53 
Entry into force and application  
This Regulation shall enter into force on the twentieth day following that of  its publication in 
the Official Journal of the European Union . 
It shall apply from [OP: please insert the date – 36 months from the date of entry into force of 
this regulation.]  
This Regulation shall be binding in its entirety and directly applicable in all Member States . 
 
Done at Brussels,  
For the European Parliament  For the Council