15 Amendments of Andreas SCHWAB related to 2023/0090(COD)
Amendment 85 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Manufacturers shall indicate their name, registered trade name or registered trade mark, and the postal address and the email address at which they can be contacted, on their non-road mobile machinery or, where that is not possible, 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.
Amendment 87 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Manufacturers who have sufficient reason to believe that a non-road mobile machinery which they have made available on the market presents a serious risk shall immediately inform the approval and the market surveillance authorities of the Member States in which the non-road mobile machinery was made available on the market to that effect, giving details of the non-conformity and any corrective measures taken. Manufacturers shall immediately inform the users thorugh appropriate means.
Amendment 123 #
Proposal for a regulation
Article 19 – paragraph 4 – point b
Article 19 – paragraph 4 – point b
(b) index listing the contents of the information package, suitably numbered or otherwise marked so as to identify clearly all the pages and the format of each document such as to present, presenting a record of the successive steps in the 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.
Amendment 128 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The manufacturer of a non-road mobile machinery shall affix to each non- road mobile machinery manufactured in conformity with the approved type a statutory plate with marking.
Amendment 132 #
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 or is not in conformity with this Regulation, 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. That period shall be proportionate to the seriousness of non- compliance.
Amendment 134 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
Amendment 136 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Where economic operators do not take appropriate corrective measures within the relevant period referred to in paragraph 1 or 2quired period or where the risk requires rapid action, the national authorities shall take all appropriate provisional restrictive measures to 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.
Amendment 137 #
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Article 18 of Regulation (EU) 2019/1020 shall apply to the restrictive measures referred to in paragraph 4.
Amendment 138 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 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.
Amendment 139 #
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 141 #
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
Article 33 – paragraph 1 – subparagraph 3
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, theits 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.
Amendment 142 #
Proposal for a regulation
Article 33 – paragraph 2 – introductory part
Article 33 – paragraph 2 – introductory part
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:
Amendment 143 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Member States other than the Member State that takes corrective or restrictivea 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.
Amendment 146 #
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. On the basis of the consultation referred to in paragraph 5, the Commission shall adopt implementing acts to decide on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).
Amendment 148 #
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 – point b
Article 34 – paragraph 4 – subparagraph 1 – point b
(b) in paper or in easy accesible electronic format.