G/TBT/N/EU/967  
20 April 2023  
(23-2859) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission,  
EU-TBT Enquiry Point,  
Fax: +(32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/en/  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CC CN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Self-
propelled mobile machinery, falling within the scope of Directive 2006/42/EC, that is 
designed or constructed with the purpose specific ally to perform work (non -road mobile 
machinery). The proposal applies to such machinery if it is intended to circulate on public 
roads in the EU. Some specific categories of products are excluded, such as: non -road 
mobile machinery with a maximum design s peed exceeding 40 km/h; non -road mobile 
machinery equipped with more than three seating positions, including the driver's seating 
position; certain machinery that is primarily intended for the transport of one or more 
persons or animals, or any goods; vehi cles falling within the scope of Regulation (EU) No 
167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2018/858; small series (if 
manufacturers choose to comply with the national requirements on small series).  
5. Title, number of pages and language( s) of the notified document:  Proposal for a 
Regulation of the European Parliament and of the Council on the approval and market 
surveillance of non -road mobile machinery circulating on public roads and amending 
Regulation (EU) 2019/1020 (COM(2023) 178 fina l); (53 page(s), in English)  G/TBT/N/EU/967  
 
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  6. Description of content:  The proposal for a Regulation ('proposal') lays down technical 
requirements, administrative requirements and procedures, for the EU type -approval and 
placing on the market, for the mobile machinery w ithin the scope of the proposal. In 
addition, the proposal lays down rules and procedures for the market surveillance of such 
non-road mobile machinery. In accordance with the provisions of the proposal, the 
detailed technical requirements, including test procedures, test methods, etc., will be 
specified via Commission Delegated acts. The proposal allows the manufacturers of non -
road mobile machinery to choose, for a transitional period (8 years from the applicability 
of the Regulation) to comply with the r elevant national requirements for road circulation 
of such machinery but, in this case, they will not benefit from the free movement principle.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Minimise the risk of injury to persons and of damage to road infrastructure, 
while the mobile machinery, covered by the proposal, is circulating on public roads; 
Protection of human health or safety  
8. Relevant documents:   
Impact Assessment and studies related to the proposal:  
https://single -market -economy.ec.europa.eu/publications/proposal -regulati on-approval -
and-market -surveillance -non-road-mobile -machinery -circulating -public_en  
https://single -market -economy.ec.europa.eu/sectors/mechanical -engineering/mobile -
machinery_en  
Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on 
machinery, and amending Directive 95/16/EC (recast)  
EUR-Lex - 32018R0858 - EN - EUR-Lex (europa.eu)  
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 (E C) No 765/2008 and (EU) No 305/2011  
EUR-Lex - 32019R1020 - EN - EUR-Lex (europa.eu)  
9. Proposed date of adoption:  2024-2025 
Proposed date of entry into force:  21 days from its publication in the Official Journal 
of the EU. It will become applicable 36 months after its entry into force  
10. Final date for comments:  90 days from date of notification.  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website : http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2023/TBT/EEC/23_9179_00_e.pdf