Activities of Kateřina KONEČNÁ related to 2023/0090(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of non-road mobile machinery circulating on public roads and amending Regulation (EU) 2019/1020
Amendments (36)
Amendment 49 #
Proposal for a regulation
Recital 5
Recital 5
(5) For the purposes of the development and operation of the internal market of the Union, it is appropriate to establish a harmonised type-approval system for the road safety of non-road mobile machinery intended tocapable of circulateing on public roads.
Amendment 51 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 52 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 53 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Adequate training should ensure that those who use the machine are competent to use it safely. This includes ensuring they have the correct skills, knowledge and experience – sometimes formal qualifications may be needed. Supervisors must also be properly trained and competent to be effective.
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. 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 tocapable of circulateing on public roads.
Amendment 56 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to non-road mobile machinery where it is placed on the market and intended tocapable of circulateing, with or without a driver, on a public road.
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 – point a
Article 2 – paragraph 2 – subparagraph 1 – point a
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1 – point b
Article 2 – paragraph 2 – subparagraph 1 – point b
Amendment 76 #
Proposal for a regulation
Article 3 – paragraph 1 – point 29
Article 3 – paragraph 1 – point 29
(29) ‘non-road mobile machinery presenting a serious risk’ means non-road mobile machinery that, based on an appropriate risk assessment that takes account of the nature of the hazard and the likelihood of its occurrence, presents a serious risk in relation to the aspects covered by this Regulation;
Amendment 79 #
Proposal for a regulation
Article 3 – paragraph 1 – point 31 a (new)
Article 3 – paragraph 1 – point 31 a (new)
(31a) 'unauthorized use' means use of the non-road mobile machinery by unqualified or untrained people, including new untrained workers without instruction, training and supervision.
Amendment 88 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Manufacturers who have sufficienta 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.
Amendment 92 #
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) cooperate with the approval or market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by non-road mobile machinery covered by their mandate.
Amendment 93 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Importers who have sufficienta 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.
Amendment 94 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
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.
Amendment 96 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Distributors who have sufficienta 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.
Amendment 97 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
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.
Amendment 112 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y a (new)
Article 15 – paragraph 2 – subparagraph 1 – point y a (new)
(ya) electric safety;
Amendment 113 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y b (new)
Article 15 – paragraph 2 – subparagraph 1 – point y b (new)
(yb) functional safety;
Amendment 114 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y c (new)
Article 15 – paragraph 2 – subparagraph 1 – point y c (new)
(yc) anti-tampering;
Amendment 115 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y d (new)
Article 15 – paragraph 2 – subparagraph 1 – point y d (new)
(yd) protection against unauthorized use;
Amendment 116 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y e (new)
Article 15 – paragraph 2 – subparagraph 1 – point y e (new)
(ye) sound level (external);
Amendment 117 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y f (new)
Article 15 – paragraph 2 – subparagraph 1 – point y f (new)
(yf) electromagnetic compatibility;
Amendment 118 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point y g (new)
Article 15 – paragraph 2 – subparagraph 1 – point y g (new)
(yg) burning rate for cab material.
Amendment 122 #
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
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.
Amendment 124 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. For the purpose of granting EU- type approval, compliance shall be demonstrated with the requirements of this Regulation, and in particular the applicable technical requirementthe approval authority shall verify compliance with the technical requirements of this Regulation by means of appropriate tests that are performed by its technical services.
Amendment 129 #
Proposal for a regulation
Article 31 – title
Article 31 – title
National evaluation of non-road mobile machinery suspected of presenting a serious risk or not being in conformity
Amendment 130 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. 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.
Amendment 131 #
Proposal for a regulation
Article 32 – title
Article 32 – title
National procedures for dealing with non- road mobile machinery presenting a serious risk or not being in conformity
Amendment 133 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where, after having performed the evaluation pursuant to Article 31, the market surveillance authority finds that a non-road mobile machinery presents a serious risk, 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.
Amendment 135 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. 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.
Amendment 140 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
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 Council31 . _________________ 31 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).
Amendment 152 #
Where a Member State fails to take the necessary corrective measures, the Commission mayshall 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.
Amendment 153 #
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 3
Article 49 – paragraph 1 – subparagraph 3
Whenever appropriate, technical services, representatives of the European Parliament, of the trade unions, 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.
Amendment 154 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. By [OP: please insert the date – 630 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.
Amendment 155 #
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. By [OP: please insert the date – 248 months from the date of application of this regulation.], Member States shall inform the Commission on the following:
Amendment 158 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
It shall apply from [OP: please insert the date – 3618 months from the date of entry into force of this regulation.]