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
Date: 2023-03-30
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: EC conformity marking, approval, machinery, market approval, market supervision, road network, road safety, technical specification, technical standard

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   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}  
 
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  emissions  while  the  machine  is 
carrying  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 currently different national regulatory regimes causes 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  22%  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 calculated as €3,38 million per year. In particular, the need 
to comply with various national requirements for road circulation when designing, testing and 
manufacturing  these  machines  creates  additional  costs  for  manufacturers.  The  absence  of 
harmonisation  delays  the  introduction  of  new  products  in  the  EU  and  constitutes  an  entry 
barrier  (particularly  for  small  to  medium-sized  enterprises  (SMEs)).  It  also  hinders  the 
circulation  of  mobile  machinery  across  the  EU.  The  current  proposal  aims  to  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  design  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  disturbances  generated  by  these 
machines (Directive 2014/30/EC)4. 

The Machinery Directive 2006/42/EC is the main regulatory basis for the free movement of 
non-road  mobile  machinery  in  the  single  market.  It  requires  that  such  mobile  machinery 

1 
2 

3 

4 

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery. 
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. 
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. 
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 compatibility. 

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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  the  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 
agricultural 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  (Regulation  (EU)  2018/858)6  and  agricultural  and 
forestry  vehicles  (Regulation  (EU)  No  167/2013)7,  to  maximise  consistency  with  existing 
vehicle  legislation.  As  regards  the  technical  requirements  and  administrative  provisions,  the 
proposal is closely based on Regulation (EU) 167/2013. On the other hand, regarding 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  national  authorities  in  applying 
and enforcing the requirements of this Regulation in a uniform manner across the Union. This 
ensures a level playing field and avoids divergent practices being applied across the 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) 

(c) 

(d) 

2016/1628; 

noise emissions, such as Directive 2000/14/EC;  

electromagnetic  compatibility,  such  as  Directive  2014/30/EU  or  Directive 
2014/53/EU. 

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8 

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  regulation  will  not 
cover the safety aspects related to the circulation of mobile machinery on public roads. Interinstitutional 
negotiations  on  the  proposed  regulation  are  ongoing.  The  proposed  regulation  can  be  found  at: 
https://ec.europa.eu/docsroom/documents/45508. 
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 vehicles (OJ L 151, 14.6.2018, p. 1). 
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). 
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  aims  to  improve  market  surveillance  and  to  boost  the  quality  of  conformity  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). 

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• 

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  simplify  the  regulatory  requirements  for  manufacturers  of  non-road  mobile 
machinery  in  line  with  the  Commission's  communication  Updating  and  simplifying  the 
Community acquis9, which identified 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,  the  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 create 
barriers to the free circulation of non-road mobile machinery. Harmonising 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 remain fragmented, leading to ever more diverging 
road circulation requirements for mobile machinery across the EU.  

Creating an EU type-approval framework for mobile machinery  and a corresponding market 
surveillance framework is the only means to achieve a fairer and deeper single market for the 

9 

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acquis, 

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 
(https://eur-
11.02.2003, 
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2003:0071:FIN:en:PDF). 
Communication  from  the  Commission  to  the  European  Parliament,  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). 
Commission 
(https://transport.ec.europa.eu/system/files/2021-10/SWD2190283.pdf). 

COM(2003) 

SWD(2019) 

document 

working 

final 

final 

staff 

283 

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sector.  These  results  could  not  be  achieved  to  a  comparable  degree  by  national  legislation. 
Indeed,  the  different  approaches  at  national  level  create  barriers  to  entry  for  manufacturers 
located in one Member State and wishing to export to other Member States. This means such 
manufacturers will have to tailor their products to the specific national requirements in each 
Member State and bear the associated regulatory 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 burden of implementing 
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 to the Machinery Directive. 

• 

Choice of the instrument 

The use of  a  regulation  is  considered appropriate and  necessary  because  it gives assurances 
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 adaptation to technical progress limits 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: 

 

 

 

3. 

• 

the fundamental provisions and the scope are laid down by the European 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 Commission 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 Commission in accordance with Article 291 
TFEU. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS  

EVALUATIONS, 

POST 

OF 

EX 

STAKEHOLDER 

Stakeholder consultations 

Numerous consultations over this file have been taking place over time, as follows: 

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In  2016,  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 technical 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 addressed 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 policy 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  proposal  for  the  road  approval  of  non-road  mobile 
machinery under preparation20. 

12 

13 

14 

15 

16 

17 

18 

19 

at: 

at: 

2019. 

PPMI, 

Available 

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/1198-Road-

“Study  on  the  EU  harmonisation  of  the  requirements  for  the  road  circulation  of  mobile  machinery”. 
at:  https://single-market-economy.ec.europa.eu/sectors/mechanical-
ECORYS,  2016.  Available 
engineering/mobile-machinery_en.  
Available 
circulation-requirements-for-mobile-machinery_en. 
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”. 
“Cost/benefit  analysis  study  for  Impact  Assessment  on  road  circulation  of  Non-road  mobile 
machinery”, 
https://op.europa.eu/en/publication-detail/-
/publication/c0d598e2-17d8-11ea-8c1f-01aa75ed71a1/language-en. 
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”. 
Working  documents,  such  as  ‘NRMM-2019.07  Draft  Minutes  Workshop  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”. 
Public  consultation  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. 
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”. 

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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 

PO 0: Baseline 

PO 1a: Type-approval 

PO 1b: Simplified 
type -approval 
PO 2: CE marking 
Directive 
Regulation 

Mandatory 

Optional 

Self propelled and 
towed machinery in 
scope 
Only self propelled 
machinery in scope 
No maximum design 
speed limit 
Maximum design 
speed limit 40 Km/h 

Member States road 
approval authorities  

Manufacturers 
and distributors 

Rental companies 
and end users 

Technical 
services 

- 

- 

Preferred 

- 
- 
Preferred 

Preferred optional at first, 
and mandatory later on 

- 

- 

Preferred 

- 
- 
Preferred 

- 

- 

- 

Preferred 

- 
- 
Preferred 

- 

- 

Preferred 

- 

- 
- 
Preferred 

Preferred 

Preferred 

Preferred 

- 

Preferred 

- 

Preferred  

- 

Preferred 

Preferred 

- 

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  critical  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 interest group “New legislative initiative  - Road circulation approval 
requirements for non-road mobile machinery”. 

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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 Machinery 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  legislation  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 transitional 
period), covering self-propelled machinery 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  EU.  It  should  be  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 whether 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  only  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 in principle opt for the currently available type-approval 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  represents  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 requirements 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.  

 

21 

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 

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. 

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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 need 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  total  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 increased turnover for technical 
services is partially offset by a decrease in the total number of approvals. 

The estimated costs for manufacturers, distributors, rental companies and end users are offset 
by far by the estimated savings. The net 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 
significantly 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 

(B) Summary of findings 

report  does  not 
(1)  The 
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. 

Revisions introduced 

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,  explaining  why  a 
policy option aiming to promote the practical implementation of the 
mutual recognition principle was discarded. 

report  does  not 
(2)  The 
provide  convincing  evidence 
that a lack of harmonised rules 
results 
in  more  accidents 
involving  non-road  mobile 
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  across  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. 

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8 

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the 

initiative  aims  at 
why 
and 
requirements 
equal 
technical  solutions  for  road 
safety. 

(3) The report is unclear about 
to 
the  methodology  used 
cost 
costs 
estimate 
savings. It does not present the 
reliability  and  robustness  of 
the evidence base. 

and 

(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 
into 
taken 
account in the analysis. 

(C) What to improve 

(1) Mutual recognition 

(2)  The  problem  description 
clear 
should 
overview  of  the  different  cost 
categories.  

provide 

a 

(3) 
Why 
requirements  

harmonised 

(4)  Road  safety  as  secondary 
objective 

The  assessment  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. 

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 estimate 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 evidence 
base. 

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 narrowed. 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. 

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  without  EU 
harmonisation, and why as a consequence there is no policy option 
aiming  to  promote  the  practical  implementation  of  the  mutual 
recognition principle. 

The problem description section 2 describes in more detail the costs 
to  market  entry  delays, 
incurred  by  manufacturers  due 
distinguishing them clearly from the direct costs, and how they are 
estimated,  per  each  of 
the  affected  groups  (manufacturers, 
distributors, users, rental companies and authorities). Annexes 1 and 
4 include more details on data limitations and calculation methods. 

Section  6  explains  why  harmonised  requirements  would  likely 
increase the level of road safety of mobile machinery across the EU, 
and  why  road  safety  requires  equal  requirements  and  technical 
solutions, and not just sufficiently high requirements.  

Section 4 explains clearly that road safety is a secondary 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 

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(5)  New 
implementing legislation. 

policy 

versus 

(6)  Methodology  used 
quantify costs and savings 

to 

(7)  Assessment  of  additional 
design elements 

objectives set.  

Section  8  clarifies  what  is  decided  now,  based  on  this  impact 
assessment,  and  what  will  be  decided  later  through  implementing 
legislation. 

the  sources  of 

information  and  main 
Section  6  presents 
assumptions,  providing  more  detail  in  Annexes  1  and  4,  assessing 
the  reliability  of  the  estimates  and  possible  uncertainties  affecting 
the evidence base.  

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 initiative 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 expected impacts. A Commission expert group will meet 
regularly  and  gather  expertise  from  the  mobile  machinery  sector,  in  order  to  analyse  the 
applicability and implementation of this 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 average 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 road 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 study; 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 application. 

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• 

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 within the scope of the proposal, and the administrative provisions 
for the EU type approval of such machinery; and 

set  the  rules  and  procedures  for  the  market  surveillance  of  non-road  mobile 
machinery  that  falls  within  the  scope  of  EU  type  approval  in  accordance  with  this 
proposal.  

In  addition,  it  determines  the  scope,  by  stipulating  that  it  applies  to  non-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  167/2013,  Regulation  (EU)  No  168/2013  or 
Regulation (EU) 2018/858 or non-road machinery with  a maximum design speed exceeding 
40 km/h.  

Lastly, in Article 3, it includes definitions 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 satisfies 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 the 
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  the  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 include 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 

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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 technical 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  includes  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 application.  

In  this  chapter,  there  is  a  transitional  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. 

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12 

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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) 

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) 

(2) 

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.  

Certain  aspects  of  the  design  and  construction  of  non-road  mobile  machinery  are 
already  covered  by  Union  harmonisation  legislation,  in  particular  Regulation  (EU) 
2016/1628 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 
23 

24 

25 

OJ C […], […], p. […]. 
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). 
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). 
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. 

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Parliament and of the Council26 or Directive 2014/53/EU  of the European Parliament 
and of the Council27, and Directive 2006/42/EC.   

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  safety  requirements  covering  the  off-road  travelling  function  of 
mobile machinery such as slowing down, stopping, braking, driving positions, restraint 
systems,  etc.  However,  the  essential  health  and  safety  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. 

Due  to  the  absence  of  harmonised  rules  on  the  road  safety  of  non-road  mobile 
machinery,  economic  operators  that  produce  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. 

For the purposes of the development and operation of the internal market of the Union, 
it is appropriate to establish a harmonised type-approval system for the road safety of 
non-road mobile machinery intended to circulate on public roads.  

Since  the  purpose  of  this  Regulation  is  to  address  the  risks  stemming  from  the  road 
circulation  of  non-road  mobile  machinery  designed  and  constructed  for  performing 
work and not for the transport of persons, animals or goods (except to carry materials 
that  contribute  to  the  operation  of  the  machine),  this  Regulation  should  not  apply  to 
machinery  whose  only  objective  is  the  mere  transport  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,  self-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.  

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. 

Slow  non-road  mobile  machinery  is  the  majority  of  the  non-road  mobile  machinery 
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 cover 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. 

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  compatibility  (OJ  L  96, 
29.3.2014, p. 79). 
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 of radio 
equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62). 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

26 

27 

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(9) 

Individual approvals can be of use for machinery that is circulating in the territory of 
only  one  Member  State  and  therefore  such  approvals  should  be  excluded  from  the 
scope of this Regulation. 

(10)  Given that small and medium enterprises produce non-road mobile machinery in small 
series, of which the number of units that are made available on the market, registered 
or entered into service do not exceed, per year and in each Member State, 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  type-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 masses, 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 infrastructure, 
while  a  non-road  mobile  machinery  is  circulating  on  a  public  road,  technical 
requirements  should  be  set  out.    The  technical  requirements  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  operators  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 and  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 cornerstones of the EU type-approval system, has been correctly 
implemented  and  functions  properly,  manufacturers  should  be  regularly  checked  by 
the competent  authority  or by an appropriately qualified technical  service 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  for  in 
Regulation (EU) 2019/1020 of the European Parliament and of the Council28 apply to 
non-road mobile machinery 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). 

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(17) 

In order to ensure uniform conditions for the implementation of the EU type-approval 
procedure  and  certain  administrative  provisions  of  this  Regulation,  implementing 
powers should be conferred on the Commission. Those powers should be exercised in 
accordance 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 fundamental 
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 necessary 
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 
Network 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  Commission  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 laying 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 preparatory 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  particular,  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 systematically have access to 
meetings of Commission expert 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  an  exclusive  legislative 
proposal  for  the  harmonisation  of  the  individual  approval  system  at  Union  level  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 for the application of the new rules introduced by this Regulation, 
a date of application  falling after the date of the entry into force should be set.  It is 

29 

30 

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 control by Member States of 
the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13). 
OJ L 123, 12.5.2016, p. 1. 

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16 

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also necessary to provide for a transitional period allowing the manufacturers, during 
that period, to comply with this Regulation and benefit from the free movement or to 
comply with the relevant national type-approval legislation. 

(23)  Since  the  objective  of  this  Regulation,  namely  laying  down  harmonised  technical 
requirements,  administrative  requirements  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  proportionality,  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 

1. 

2. 

1. 

2. 

Article 1 

Subject matter 

This  Regulation  lays  down technical  requirements, administrative  requirements  and 
procedures, for the EU type-approval and placing on the market of non-road mobile 
machinery intended to circulate on public roads. 

This Regulation also lays down rules and procedures for the market surveillance of 
the non-road mobile machinery.  

Article 2 

Scope 

This  Regulation  applies  to  non-road  mobile  machinery  where  it  is  placed  on  the 
market and intended to circulate, with or without a driver, on a public road. 

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;  

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(e) 

(f) 

(g) 

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]; 

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 that national legislation;  

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) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

‘non-road  mobile  machinery’  means  any  self-propelled  mobile  machinery,  falling 
within  the  scope  of  Directive  2006/42/EC,  that  is  designed  or  constructed  with  the 
purpose to perform work;    

‘individual  approval’  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 mobile machinery;  

‘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 each Member State, 50 units per that type;  

‘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;  

 ‘component’  means  a  device  that  is  intended  to  be  part  of  a  non-road  mobile 
machinery that can be type-approved independently of that machinery;  

‘separate  technical  unit’  means  a  device  that  is  intended  to  be  part  of  a  non-road 
mobile machinery that can be type-approved separately;  

 ‘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; 

‘market  surveillance  authority’  means  the  authority  of  a  Member  State  responsible 
for carrying out market surveillance on the territory of that Member State; 

‘approval  authority’  means  the  authority  of  a  Member  State,  notified  to  the 
Commission  by  that  Member  State,  with  competence  for  all  aspects  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  technical 

EN 

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(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

(18) 

(19) 

(20) 

(21) 

(22) 

(23) 

services,  and  for  ensuring  that  the  manufacturer  meets  its  obligations  regarding  the 
conformity of production; 

‘national  authority’  means  an  approval  authority  or  any  other  authority  involved  in 
and responsible for market  surveillance, border  control or registration in  a Member 
State in respect of non-road mobile machinery; 

‘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; 

‘manufacturer’ means any 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;  

‘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 tasks specified  in Article 8; 

‘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; 

‘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; 

‘economic operator’ means the manufacturer, the manufacturer's representative   for 
market surveillance, the importer or the distributor; 

‘placing on the market’ means making available a non-road mobile machinery for the 
first time in the Union; 

‘making available 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; 

‘entry into service’ means the first  use, for its intended purpose, in  the Union, of a 
non-road mobile machinery; 

‘registration’  means  the  administrative  authorisation  for  the  entry  into  service 
including  for  road  traffic  of  a  non-road  mobile  machinery,  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; 

‘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; 

‘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; 

‘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 

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(b)  manufacturer, 

(c) 

type designation given by the manufacturer, 

(d) 

essential construction and design characteristics, 

(e) 

(f) 

(g) 

backbone  chassis/chassis  with  side  members/articulated  chassis  (obvious  and 
fundamental differences), 

axles (number) or tracks (number), 

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 does 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) 

(f) 

(g) 

number and arrangement of cylinders, 

power difference of no more than 30 % (the highest power being no more than 
1,3 times the lowest power), 

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) 

(26) 

(27) 

(28) 

(29) 

(30) 

(31) 

‘version of a variant’ means vehicles which consist of a combination of items shown 
in the information package; 

‘technical requirements’ means the technical requirements listed in Article 15; 

‘information package’ means the information package referred to in Article 19(4);  

‘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; 

‘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; 

‘recall’  means  any  measure  aimed  at  achieving  the  return  of  non-road  mobile 
machinery that has already been made available to the end-user; 

‘withdrawal’ means any measure aimed at preventing non-road mobile machinery in 
the supply chain from being made available on the market. 

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CHAPTER II 

OBLIGATIONS 

Article 4 

Obligations of Member States 

1. 

2. 

3. 

4. 

5. 

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. 

The  notification  of  the  approval  and  market  surveillance  authorities  shall  include 
their  name,  address,  including  electronic  address,  and  area  of  responsibility.  The 
Commission shall publish on its website a list and details of the approval authorities. 

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.  

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  complies  with  this 
Regulation. 

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 sufficient 
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  supplement  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  market  in  accordance  with 
Chapters 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. 

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2. 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Approval authorities shall approve only such non-road mobile machinery that satisfy 
the requirements of this Regulation. 

Approval authorities shall carry out their duties under this Regulation independently 
and  impartially.  They  shall  cooperate  efficiently  and  effectively,  and  shall  share 
information relevant to their role and functions. 

Article 6 

General obligations of manufacturers 

Manufacturers  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  it  is 
designed and manufactured in accordance with that type.  

Manufacturers  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.. 

For the purposes of market 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  for  market  surveillance  shall  perform  the  tasks 
specified in the mandate, as provided for in Article 8. 

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. 

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. 

Manufacturers  shall  ensure  that  procedures  are  in  place  for  series  production  to 
remain in conformity with the approved 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. 

Manufacturers  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  this 
Regulation.  

Article 7 

Specific obligations of manufacturers  

1. 

Manufacturers  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 

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2. 

3. 

4. 

5. 

this  Regulation  shall  immediately  take  the  corrective  measures  necessary  to  bring 
that  non-road  mobile  machinery  into  conformity,  to  withdraw  it  or  to  recall  it,  as 
appropriate. 

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. 

Manufacturers  who  have  sufficient  reason  to  believe  that  a  non-road  mobile 
machinery which they have made available on the market presents a serious risk shall 
immediately  inform  the  approval  and  the  market  surveillance  authorities  of  the 
Member States in which the non-road mobile machinery was made available on the 
market  to  that  effect,  giving  details  of  the  non-conformity  and  any  corrective 
measures taken. 

Manufacturers shall keep, at the disposal of the approval authorities, the information 
package and a copy of the certificates of conformity, for a period of 10 years after the 
placing on the market of a non-road mobile machinery. 

Following a reasoned request from a national authority, manufacturers shall provide 
that  authority  through  the  approval  authority  with  a  copy  of  the  EU  type-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  risks 
posed  by  their  non-road  mobile  machinery  which  have  been  placed  on  the  market, 
registered or entered into service. 

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 their 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 representative 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) 

(b) 

(c) 

have access to the information folder referred to in Article 18 and the certificates of 
conformity; 

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;  

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. 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

Article 9 

General obligations of importers 

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.  

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 
documents, information and instructions for user have been drawn up as required by 
this Regulation, and the obligations set out in Article 6 (3) and (4), where applicable, 
have been fulfilled. 

the  certificate  of  conformity  accompanies 

that  machinery, 

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 contacted, 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 language 
easily understood by end-users and market surveillance authorities. 

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 obligations of importers  

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.  

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. 

Importers  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  approval  and  the  market  surveillance 
authorities  of  the  Member  States  in  which  they  have  placed  it  on  the  market  or 
entered 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. 

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. 

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5. 

6. 

1. 

2. 

3. 

1. 

2. 

3. 

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 market. 

Importers shall keep a record of complaints and recalls relating to non-road mobile 
machinery  that  they  have  placed  on  the  market,  and  shall  keep  their  distributors 
informed of such complaints and recalls.  

Article 11 

General obligations of distributors 

When  making  an  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. 

Before  making  an  EU  type-approved  non-road  mobile  machinery  available  on  the 
market, distributors shall verify that the following conditions 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) 

(d) 

the documents, information and instructions for the user have been drawn up as 
required by this Regulation;  

the  obligations  set  out  in  Article  6  (3)  and  (4)  and  Article  9  (3),  where 
applicable. 

Distributors  shall  ensure  that,  while  an  EU  type-approved  non-road  mobile 
machinery  is  under  their  responsibility,  storage  or  transport  conditions  do  not 
jeopardise its conformity with this Regulation. 

Article 12 

Specific obligations of distributors  

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. 

Distributors 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  inform  the  manufacturer,  the  importer  and  the  approval  authority 
that granted the EU type-approval. 

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.  

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4. 

5. 

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. 

Distributors shall, following a reasoned request from a national authority, ensure that 
the  manufacturer  provides  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  taken  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. 

Distributors  shall  immediately  inform  the  relevant  manufacturer  of  any  complaints 
they  received  relating  to  risks,  suspected  incidents  or  non-conformity  issues  with 
non-road mobile machinery that they have made available on the market. 

Article 13 

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 following 
cases: 

(a) 

(b) 

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; 

where  the  importer  or  distributor  modifies  that  machinery  in  such  a  way  that 
compliance with this Regulation may be affected. 

Article 14 

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  market  of  non-road  mobile 
machinery, the following: 

(a) 

(b) 

1. 

2. 

any economic operator who has supplied them with a non-road mobile machinery; 

any economic operator to whom they have supplied a non-road mobile machinery. 

Article 15 

 Technical requirements for non-road mobile machinery 

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 area, while that non-road mobile 
machinery is circulating on a public road.  

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: 

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(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) 

(j) 

lighting and lighting installations; 

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) 

(s) 

(t) 

tyres; 

reverse gear; 

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  other  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; 

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(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 different classes or categories of non-road mobile machinery. 

Article 16 

Making available on the market, registration or entry into service of non-road mobile 
machinery 

1. 

2. 

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. 

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 17 

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.  

The EU type-approval shall consist of the approval of a non-road mobile machinery 
as a whole by means of a single operation. 

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. 

A separate application  for EU type-approval shall be submitted for each  type to  be 
approved. 

2. 

3. 

4. 

Article 18 

Information folder 

1. 

The  applicant  for  EU  type-approval,  when  submitting  an  application  in  accordance 
with Article 17(1), shall provide the approval authority with an information folder. 

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2. 

The information folder shall include the following: 

(a) 

an information document; 

3. 

4. 

1. 

2. 

3. 

4. 

(b) 

all data, drawings, photographs and other relevant information; 

(c) 

(d) 

the  EU  declaration  of  conformity  provided  for  in  the  applicable  Union 
legislation harmonising the conditions for the marketing of products;  

any  information  requested  by  the  approval  authority  in  the  context  of  the 
application procedure. 

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. 

The Commission shall lay down templates for the information document and for the 
information folder by means of implementing 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 19 

General provisions on conduct of EU type-approval procedures 

Approval authorities shall grant only one EU type-approval for each type of non-road 
mobile machinery. 

Approval authorities shall verify all of the following: 

(a) 

(b) 

 the conformity of production arrangements referred to in Article 22; and 

 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. 

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. 

The approval authority shall put together an information package consisting all of the 
following:  

(a) 

(b) 

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;  

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 

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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 end of validity 
of the approval concerned. 

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  the  relevant 
security measures.  Those implementing acts shall be adopted in accordance with the 
examination procedure referred to in Article 46(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; 

3. 

4. 

(c) 

name  and  specimen  of  the  signature  of  the  person  authorised  to  sign  a 
certificates of conformity and a statement of their position in the company;  

(d) 

a filled-out specimen of the certificate of conformity. 

EU  type-approval  certificates  shall  be  numbered  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 one 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. 

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; 

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(c) 

issue  the  completed  certificate,  together  with  its  attachments,  to  the  applicant 
for EU type-approval, without delay. 

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).  

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. 

The  approval  authority  shall  establish  a  list  of  applicable  requirements  or  acts  and 
append that list to the EU type-approval certificate. The Commission shall 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 21 

Demonstrating compliance for EU type-approval 

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. 

The  applicant  for  EU  type-approval  shall  demonstrate  compliance  with  the 
applicable technical requirements by establishing technical documentation. 

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) 

(b) 

(c) 

testing carried out by the manufacturer; 

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; 

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. 

For  the  EU-type  approval  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 requirements. 

The format of the test reports referred to in paragraph 3 shall comply with the general 
requirements 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).  

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 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

5. 

6. 

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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  machinery  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 that 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. 

Subject  to  the  agreement  of  the  approval  authority,  virtual  testing  methods  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.  

Virtual  testing  methods  shall  fulfil  the  conditions  set  out  in  the  delegated  acts 
adopted pursuant to paragraph 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 
delegated acts in accordance with Article 47 setting out the requirements, compliance 
with which can be tested by means of virtual testing and the conditions under which 
the virtual testing are to be performed.  

Article 22 

Conformity of production arrangements 

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. 

The approval authority shall verify that the holder of EU type-approval has issued 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. 

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. 

The approval authority which has granted the 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. 

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 

7. 

8. 

9. 

1. 

2. 

3. 

4. 

5. 

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considered to  be adequate, even though production is  continued, it shall either take 
the necessary measures to ensure that the procedure for conformity of production is 
followed correctly or withdraw that EU type-approval. 

The Commission is empowered to adopt delegated acts in accordance with Article 47 
concerning the detailed arrangements with regard to conformity of production.  

CHAPTER V 

AMENDMENTS TO EU TYPE-APPROVAL  

Article 23 

General provisions 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

The  holder  of  EU  type-approval  shall  inform  without  delay  the  approval  authority 
that  granted  the  EU  type-approval  of  any  change  in  the  particulars  recorded  in  the 
information package. 

That approval authority shall decide which of the procedures laid down in Article 24 
is to be followed. 

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. 

The  holder  of  EU  type-approval  to  be  amended  shall  submit  an  application  for  the 
amendment  of  an  EU  type-approval  to  the  approval  authority  that  granted  the  EU 
type-approval to be amended. 

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 type-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  

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. 

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 information 
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 that requirement. 

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3. 

The approval authority shall designate the amendment as an ‘extension’ if any of the 
following occurs: 

(a) 

(b) 

(c) 

further inspections or tests are required; 

any information on the EU type-approval certificate, with the exception of its 
attachments, has changed; 

new  requirements    under  any  delegated  acts  adopted  pursuant  to  this 
Regulation  become  applicable 
type-approved  non-road  mobile 
machinery. 

the 

to 

4. 

5. 

1. 

2. 

3. 

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. 

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. 

Article 25 

Issue and notification of amendments 

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. 

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  already  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 shall be updated.  

That updated certificate and its attachments shall be issued by the approval authority 
to the holder of EU type-approval.  

The  approval  authority  shall  notify  any  amendment  made  to  EU  type-approvals  to 
the approval authorities of the other Member States, by means of a common secure 
electronic exchange system.  

CHAPTER VI 

VALIDITY OF EU TYPE-APPROVAL  

Article 26 

Termination of validity 

1. 

EU type-approvals shall be granted for an unlimited duration. 

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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  making  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 22(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). 

Where only one variant within a type or one version within a variant is affected, the 
EU type-approval of the non-road mobile machinery in question shall become invalid 
only in so far as the particular variant or version is concerned. 

When  production  of  a  particular  type  of  non-road  mobile  machinery  is  definitively 
discontinued, the holder of EU type-approval shall notify the approval authority that 
granted the EU type-approval for that non-road mobile machinery thereof. 

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. 

Without  prejudice to  paragraphs  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  approval  authorities  of  the  other 
Member States by means of a common secure electronic exchange system. 

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. 

3. 

4. 

5. 

6. 

7. 

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CHAPTER VII 

CERTIFICATE OF CONFORMITY AND THE STATUTORY 
PLATE WITH THE MARKING 

Article 27 

Certificate of conformity 

1. 

2. 

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. 

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.  

4. 

5. 

6. 

7. 

8. 

However,  if  the  purchaser  requests,  at  the  time  of  the  purchase  of  the  non-road 
mobile machinery, a paper format of that certificate, that certificate shall be provided 
in paper format free of charge. 

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. 

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  security  features.  The  certificate  of  conformity  shall  be  drawn 
up  in  an  official  language  of  a  Member  State.  Any  approval  authority  may  request 
from  the  manufacturer  the  certificate  of  conformity  to  be  translated  into  its  own 
official languages. 

The person authorised 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. 

The  certificate  of  conformity  shall  be  completed  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..  

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  29(2)  of  [OP:  please  insert  the 
full name and date of this regulation - adopted act] (provisional approval)’.  

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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. 

1. 

2. 

1. 

2. 

3. 

Article 28 

Statutory plate with the marking of non-road mobile machinery 

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.   

The statutory plate with the marking shall be in accordance with the model set out 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 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 29 

Exemptions for new technologies or new concepts 

The  application  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.   

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) 

(b) 

(c) 

the application states the reasons why the technologies or concepts in question 
are incompatible with the applicable technical requirements; 

the application describes the implications  in relation to the covered 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; 

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. 

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  accordance  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 

37 

  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.  

5. 

6. 

However, such 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  States  of  which  the  approval  authority  accepted  that 
approval in accordance with paragraph 5.  

The  approval  authority  that  granted  the  provisional  EU  type-approval  shall  inform 
the  Commission  and  other  approval  authorities  without  delay  by  means  of  a  file 
containing the information 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  for  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). 

An approval authority, other than the authority referred to in paragraph 4, may accept 
in  writing  the  provisional  EU  type-approval  referred  to  in  paragraph  4,  so  that  the 
validity of that provisional approval is extended in the territory of that Member State. 

Where  the  Commission  refuses  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  that 
approval, if: 

(a) 

(b) 

(c) 

(d) 

that machinery was manufactured in conformity with the provisional EU type 
approval before it ceased to be valid; 

that  machinery  bears  the  statutory  plate  and  marking,  required  by  this 
Regulation; 

the provisional certificate of conformity accompanies that machinery; and 

the documents, information and instructions for the user have been drawn up as  
required by this Regulation. 

Article 30 

Subsequent amendment of delegated and implementing acts 

7. 

8. 

Where the 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. 

As soon as the relevant acts have been amended, any restriction in the Commission 
decision authorising the exemption shall be lifted. 

EN 

38 

  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  the 
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 31 

National evaluation of non-road mobile machinery suspected of presenting a serious risk or 
not being in conformity 

1. 

2. 

Where,  based  on  their  own  market  surveillance  activities,  or  based  on  information 
provided  by  an  approval  authority  or  a  manufacturer  or  based  on  complaints,  the 
market surveillance authority of a Member State has 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.  

The  relevant  economic  operators  and  the  relevant  approval  authorities  shall 
cooperate fully with the market surveillance authorities.  

Article 32 

National procedures for dealing with non-road mobile machinery presenting a serious risk 
or not being in conformity 

1. 

2. 

3. 

4. 

Where,  after  having  performed  the  evaluation  pursuant  to  Article  31,  the  market 
surveillance authority finds that a non-road mobile machinery presents a serious risk, 
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. 

Where,  after  having  performed  the  evaluation  pursuant  to  Article  31,  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  authority  shall  require  without  delay  that  the  relevant  economic 
operator takes all appropriate corrective measures within a reasonable period to bring 
that machinery into conformity. That period shall be proportionate to the seriousness 
of non-compliance. 

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 entered into service. 

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 restrictive measures to 

EN 

39 

  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 to 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  restrictive  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 risk or the non-compliance is due to the following: 

(a) 

(b) 

the failure of the non-road mobile machinery to  comply with this Regulation; 
or 

shortcomings  in  the  relevant  regulatory  acts  adopted  pursuant  to  this 
Regulation. 

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  they  have  adopted  and  of  any  information  at  their  disposal 
relating  to  the  non-compliance  or  the  risk  of  the  non-road  mobile  machinery 
concerned,  as  well  as,  in  the  event  of  disagreement  with  the  notified  national 
measure, of their objections. 

Where,  within  three  months  after  the  notification  referred  to  in  paragraph  1,  no 
objection  has  been  raised  by  either  another  Member  State  or  the  Commission  in 
respect  of  a  notified  national  measure,  the  other  Member  States  shall  ensure  that 

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 
2001 on general product  safety (OJ L 11, 15.1.2002, p. 4). 

3. 

4. 

31 

EN 

40 

  EN 

                                                 
5. 

6. 

7. 

8. 

9. 

10. 

similar  corrective  or  restrictive  measures  are  taken  without  delay  within  their 
territories in respect of the non-road mobile machinery concerned. 

Where, within three months after the notification referred to in paragraph 1, another 
Member State or the Commission raises an objection 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 delay. 

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). 

The  Commission  shall  immediately  communicate  the  decision  referred  to  in 
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. 

Where  the  Commission  considers  that  a  notified  national  measure  is  unjustified  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. 

Where  the  risk  or  non-compliance  is  attributed  to  shortcomings  in  regulatory  acts 
adopted  pursuant  to  this  Regulation,  the  Commission  shall  propose  the  necessary 
amendments to the acts concerned. 

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 for 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 required by that 
corrective measure. 

CHAPTER X 

PROVISION OF TECHNICAL INFORMATION 

Article 34 

Information intended for users 

1. 

2. 

3. 

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. 

The  manufacturer  shall  make  available  to  users  all  relevant  information  and 
necessary instructions describing any conditions or restrictions linked to the use of a 
non-road mobile machinery. 

The information referred to in paragraph 2 shall be provided in the operator’s manual 
for road use. 

EN 

41 

  EN 

4. 

The  operator’s  manual  for  road  use,  including  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 

1. 

2. 

3. 

4. 

5. 

Requirements relating to technical services 

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. 

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. 

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  condition  that  its  independence  and  the  absence  of  any  conflict  of  interest  are 
demonstrated, be considered as fulfilling the requirements of the first subparagraph. 

A  technical  service,  its  top-level  management  and  the  personnel  responsible  for 
carrying out the 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. 

A technical service shall 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 

42 

  EN 

 
6. 

7. 

8. 

9. 

10. 

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  might  influence  their 
judgment  or  the  results  of  their  assessment  activities,  especially  such  pressures  or 
inducements  emanating  from  persons  or  groups  of  persons  with  an  interest  in  the 
results of those activities. 

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 technical 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 and 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 question, 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. 

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 
independence  of  judgment  or  integrity  in  relation  to  the  categories  of  activities  for 
which they are designated. 

Technical services shall  take out  liability insurance related to their  activities unless 
liability  is  assumed  by  the  Member  State  in  accordance  with  their  national 
legislation,  or  the  Member  State  itself  is  directly  responsible  for  the  conformity 
assessment. 

The personnel of a technical service shall observe professional secrecy with regard to 
all  information  obtained  in  carrying  out  their  tasks  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 

Subsidiaries 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 of their designating approval authority. 

EN 

43 

  EN 

2. 

3. 

4. 

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  subsidiary  meet  the  requirements  set  out  in 
Article 35 and shall inform the designating approval authority accordingly. 

Technical  services  shall  take  full  responsibility  for  the  tasks  performed  by  any  of 
their subcontractors or subsidiaries, wherever these are established. 

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) 

(b) 

(c) 

(d) 

category  A:  technical  services  which  carry  out  the  tests  referred  to  in  this 
Regulation in their own facilities; 

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; 

category C: technical services which assess and monitor on a regular basis the 
manufacturer’s procedures for controlling conformity of production; 

category D: technical services which supervise or perform tests or inspections 
for the surveillance of conformity of production. 

An approval  authority may  be designated  as a technical  service for one  or more of 
the activities referred to in paragraph 1. 

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  legislation  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 manufacturer 

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 assesses. 

An  accredited  in-house  technical  service  shall  be  designated  by  the  approval 
authority of a Member State and meet the following requirements: 

2. 

3. 

1. 

2. 

EN 

44 

  EN 

(a) 

(b) 

(c) 

 the  accredited  in-house  technical  service  shall  be  accredited  by  a  national 
accreditation body as defined 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; 

its  personnel  shall  be 
the  accredited 
organisationally 
the 
undertaking  of  which  they  form  part  which  ensure  their  impartiality  and 
demonstrate it to the relevant national accreditation body; 

in-house 
identifiable  and  have 

reporting  methods  within 

technical  service  and 

neither the accredited in-house technical service nor 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 its 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 undertaking 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 

1. 

2. 

3. 

32 

Assessment of the skills of the technical services 

The designating approval authority shall draw up an assessment report demonstrating 
that  the  candidate  technical  service  has  been  assessed  for  its  compliance  with  the 
requirements  of  this  Regulation  and  the  delegated  acts  adopted  pursuant  to  this 
Regulation.  That  report  may  include  a  certificate  of  accreditation  issued  by  an 
accreditation body. 

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. 

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 

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 339/93 (OJ L 218, 13.8.2008, p. 30). 

EN 

45 

  EN 

                                                 
requirements 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  the  designating  approval  authority  and  satisfies  the 
requirements  of  this  Regulation  and  the  delegated  acts  adopted  pursuant  to  this 
Regulation. 

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. 

An accredited in-house technical service shall comply with the relevant provisions of 
this Article. 

Article 41 

Procedures for notification 

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. 

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 Commission in accordance with paragraph 1 of this 
Article. 

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). 

Member  States  shall  notify  the  Commission  of  any  subsequent  relevant  changes  to 
the designation. 

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 of 
the delegated acts adopted pursuant to this Regulation, the notification shall be made 
in accordance with this Article. 

The  Commission  shall  publish  on  its  website  a  list  and  details  of  the  technical 
services notified in accordance with this Article. 

4. 

5. 

1. 

2. 

3. 

4. 

5. 

6. 

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 

46 

  EN 

Regulation,  or  that  it  is  failing  to  fulfil  its  obligations,  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  technical  service  shall 
immediately inform the Commission accordingly. The Commission shall modify the 
information published referred to in Article 41(6) accordingly. 

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 authority 
or for the market surveillance authorities at their request. 

Article 43 

Challenge to the competence of technical services 

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. 

The  Member  State  of  the  designating  approval  authority  shall  provide  the 
Commission, on request, with all information relating to the basis for the designation 
or the maintenance of the designation of the technical service concerned. 

The Commission shall ensure that all sensitive information obtained in the course of 
its investigations is treated confidentially. 

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 that 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  procedure  referred  to  in  Article  46(2). 
The  Commission  shall  notify  the  Member  State  concerned  of  those  implementing 
acts  and  shall  update  the  information  published  referred  to  in  Article  41(6) 
accordingly. 

Article 44 

Operational obligations of technical services 

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. . 

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 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

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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  technical  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 Regulation as may be requested. 

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  authority  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. 

Where, in the course 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 22. 

4. 

5. 

Article 45 

Information obligations of technical services 

1. 

Technical services shall 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 conditions 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. 

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2. 

3. 

1. 

2. 

3. 

4. 

5. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply. 

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 apply. 

Article 47 

Exercise of the delegation 

The power to adopt the delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 4 (5), Article 15(2), Article 
21(9), Article 22(6) and Article 39 shall be conferred on the Commission for a period 
of  five  years  from  [OP:  ….  -please  insert  the  date  of  entry  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. 

The  delegation  of  power  referred  to  in  Article  4(5),  Article  15(2),  Article  21(9), 
Article 22(6) and Article 39 may be revoked at any time by the European 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 publication 
of  the  decision  in  the  Official  Journal  of  the  European  Union  or  at  a  later  date 
specified therein. It shall not affect the validity of any delegated acts already in force.  

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. 

A delegated act adopted pursuant to Article 4 (5), Article 15(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 or 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: 

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’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, 
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 procedures referred to in paragraph 6. 

technical  services,  representatives  of 

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 implementation 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 market 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 results of market surveillance activities. 

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. 

When expressing an opinion or issuing recommendations the Forum shall endeavour 
to reach a consensus. If no such consensus can be reached, the Forum shall express 
its  opinion  or 
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. 

its  recommendations  by  a  simple  majority  of 

issue 

When adopting implementing acts, the Commission shall duly take into account the 
opinions expressed by the Forum in accordance with paragraph 2. 

The Forum shall establish its rules of procedure 

For the purposes of this Regulation: 

(a)  Articles 30(2) and 32 of Regulation (EU) 2019/1020 shall not apply; 

3. 

4. 

5. 

6. 

7. 

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(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 
Regulation  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, refusal 

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. 

2. 

3. 

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,  where 
appropriate,  by relevant legislative proposals. 

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. 

By  [OP:  please  insert  the  date  –  48  months  from  the  date  of  application    of  this 
regulation.], Member States shall inform the Commission on the following: 

(a) 

(b) 

the  application  of  the  type-approval  and  market  surveillance  procedures  laid 
down in this Regulation. 

the  number  of  EU  type-approvals  granted  pursuant  to  this  Regulation    since 
[OP: please insert the date – date of application of this regulation.]; 

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(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: please insert the date – date of application of this 
regulation.]. 

Article 52 

Transitional provisions 

By  way  of  derogation  from  this  Regulation,  until      …[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  roads  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-approval  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 

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