BETA


2023/0090(COD) Approval and market surveillance of non-road mobile machinery circulating on public roads
Next event: Indicative plenary sitting date 2024/04/22

Progress: Awaiting Parliament's position in 1st reading

RoleCommitteeRapporteurShadows
Lead IMCO VANDENKENDELAERE Tom (icon: EPP EPP) LEITÃO-MARQUES Maria-Manuel (icon: S&D S&D), IJABS Ivars (icon: Renew Renew), GALLÉE Malte (icon: Verts/ALE Verts/ALE), MAZUREK Beata (icon: ECR ECR), KONEČNÁ Kateřina (icon: GUE/NGL GUE/NGL)
Committee Opinion ENVI
Lead committee dossier:
Legal Basis:
TFEU 114

Events

2024/04/22
   Indicative plenary sitting date
2024/03/20
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2024/03/15
   CSL - Coreper letter confirming interinstitutional agreement
2024/03/15
   EP - Text agreed during interinstitutional negotiations
Documents
2023/12/13
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2023/12/11
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2023/12/01
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on the Internal Market and Consumer Protection adopted the report by Tom VANDENKENDELAERE (EPP, BE) 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.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Clearer scope

Members consider that the draft Regulation should not apply to:

- non-road mobile machinery equipped with more than three seating positions when circulating on public roads, including the driver’s seating position;

- non-road mobile machinery intended by the manufacturer to carry out field tests, which are inherent to the machine development process.

As regards non-road mobile machinery under individual approval, the manufacturer may, where appropriate, choose to apply for EU type-approval.

Definitions

The proposal called for a wider definition of a ‘type’ and ‘variant’. The report proposes to make the definition of a non-road mobile machinery type and a variant less strict, in order to allow for more flexibility to accommodate for small volumes and for the manufacturer to have more very similar machines EU type-approved under the same type or variant.

Obligations of Member States

Member States should ensure that their approval and market surveillance authorities have the necessary resources for the proper performance of their duties. By way of derogation, Member States may limit or prohibit the circulation on public roads of non-road mobile machinery due to its excessive weight or masses, axle loads and ground contact pressure , the machinery could damage the surface of public roads or other road infrastructure, unless, in order to limit or prohibit circulation on public roads, one of these parameters is below the threshold established by Member States.

Specific obligations of manufacturers

Manufacturers who have sufficient reason to believe that type-approved non-road mobile machinery which they have made available on the market is not in conformity with this Regulation should immediately take the corrective measures necessary to bring that non-road mobile machinery into conformity, to withdraw it or to recall it, as appropriate, and to notify the user of that non-conformity.

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 should 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.

Technical requirements for non-road mobile machinery

The Commission is empowered to adopt delegated acts concerning detailed, non-discriminatory rules on the requirements related to risks for circulation on public roads. Members included the following elements:

- masses, including technically permissible maximum laden mass on road;

- on-road warnings and markings for lighting and lighting installations.

Documents
2023/11/28
   EP - Vote in committee, 1st reading
2023/11/28
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2023/09/05
   EP - Amendments tabled in committee
Documents
2023/06/28
   EP - Committee draft report
Documents
2023/06/14
   ESC - Economic and Social Committee: opinion, report
Documents
2023/05/24
   EP - VANDENKENDELAERE Tom (EPP) appointed as rapporteur in IMCO
2023/04/17
   EP - Committee referral announced in Parliament, 1st reading
2023/03/30
   EC - Document attached to the procedure
2023/03/30
   EC - Document attached to the procedure
2023/03/30
   EC - Document attached to the procedure
2023/03/30
   EC - Document attached to the procedure
2023/03/30
   EC - Legislative proposal published
Details

PURPOSE: to establish technical requirements, administrative requirements and harmonised procedures for the type-approval of new non-road mobile machinery circulating on public roads, as well as rules and procedures for the market surveillance of such machinery.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: 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.

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.

In the absence of harmonised rules on the road safety of non-road mobile machinery, economic operators producing or making available on the EU market non-road mobile machinery are faced with significant costs due to the different regulatory requirements in the Member States.

Furthermore, road safety for such machinery is not ensured in a uniform manner throughout the Union. Therefore, there is a need to establish harmonised rules at EU level regarding the road safety of non-road mobile machinery.

A cost-benefit study carried out by the European Commission in 2019 showed that the establishment of uniform requirements at EU level could help the non-road mobile machinery sector to save 18-22% in compliance costs. Over a 10-year period, this proposal could generate up to EUR 846 million in savings for all stakeholders.

CONTENT: the proposal aims to fill a gap in EU legislation for non-road mobile machinery. It aims 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.

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. It should not apply to the following:

- non-road mobile machinery with a maximum design speed exceeding 40 km/h;

- non-road mobile machinery equipped with more than three seating positions, including the driver’s seating position;

- machinery primarily intended for the transport of one or more persons or animals;

- 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.

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.

The proposal follows the logic, with some adaptations, of the well-established framework for the type-approval of motor vehicles and agricultural and forestry vehicles, in order to ensure maximum consistency with existing vehicle legislation. As regards market surveillance, the proposal follows similar provisions to those in Regulation (EU) 2018/858, which are also based on the 'New Legislative Framework'.

More specifically, the proposal:

- 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: (i) to permit the placing on the market, registration or entry into service of only nonroad mobile machinery that satisfies the requirements set out in the proposal; and (ii) to organise and carry out market surveillance activities and checks of non-road mobile machinery entering the market. Manufacturers are obliged to ensure that only compliant non-road machinery is placed on the market;

- 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;

- includes a general provision, requiring that non-road mobile machinery is made available, put into service or registered only if it is in conformity;

- includes provisions on the EU type-approval procedure and related issues such as the EU type-approval certificate, the certificate of conformity and marking;

- contains provisions on EU market surveillance, checks of non-road machinery entering the EU market, and EU safeguard procedures;

- provides that the manufacturer is obliged to provide technical information that does not diverge from the particulars approved by the approval authority;

- lays down the requirements relating to technical services and the procedures for designating such services;

- 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.

Documents

  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE759.982
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001582
  • Text agreed during interinstitutional negotiations: PE759.982
  • Committee report tabled for plenary, 1st reading: A9-0382/2023
  • Amendments tabled in committee: PE752.780
  • Committee draft report: PE750.138
  • Economic and Social Committee: opinion, report: CES2346/2023
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SEC(2023)0145
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0064
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0065
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2023)0066
  • Legislative proposal published: COM(2023)0178
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SEC(2023)0145
  • Document attached to the procedure: EUR-Lex SWD(2023)0064
  • Document attached to the procedure: EUR-Lex SWD(2023)0065
  • Document attached to the procedure: EUR-Lex SWD(2023)0066
  • Economic and Social Committee: opinion, report: CES2346/2023
  • Committee draft report: PE750.138
  • Amendments tabled in committee: PE752.780
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)001582
  • Text agreed during interinstitutional negotiations: PE759.982
AmendmentsDossier
113 2023/0090(COD)
2023/09/06 IMCO 113 amendments...
source: 752.780

History

(these mark the time of scraping, not the official date of the change)

docs/7
date
2024-03-15T00:00:00
docs
title: GEDA/A/(2024)001582
type
Coreper letter confirming interinstitutional agreement
body
CSL
docs/8
date
2024-03-15T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
type
Text agreed during interinstitutional negotiations
body
EP
events/7
date
2024-03-20T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
docs/7
date
2024-03-15T00:00:00
docs
title: GEDA/A/(2024)001582
type
Coreper letter confirming interinstitutional agreement
body
CSL
docs/8
date
2024-03-15T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
type
Text agreed during interinstitutional negotiations
body
EP
events/7
date
2024-03-20T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
docs/7
date
2024-03-15T00:00:00
docs
title: GEDA/A/(2024)001582
type
Coreper letter confirming interinstitutional agreement
body
CSL
docs/8
date
2024-03-15T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
type
Text agreed during interinstitutional negotiations
body
EP
events/7
date
2024-03-20T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
docs/7
date
2024-03-15T00:00:00
docs
title: GEDA/A/(2024)001582
type
Coreper letter confirming interinstitutional agreement
body
CSL
docs/8
date
2024-03-15T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
type
Text agreed during interinstitutional negotiations
body
EP
events/7
date
2024-03-20T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
docs/7
date
2024-03-15T00:00:00
docs
title: GEDA/A/(2024)001582
type
Coreper letter confirming interinstitutional agreement
body
CSL
docs/8
date
2024-03-15T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
type
Text agreed during interinstitutional negotiations
body
EP
events/7
date
2024-03-20T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
docs/7
date
2024-03-15T00:00:00
docs
title: GEDA/A/(2024)001582
type
Coreper letter confirming interinstitutional agreement
body
CSL
docs/8
date
2024-03-15T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
type
Text agreed during interinstitutional negotiations
body
EP
events/7
date
2024-03-20T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
docs/7
date
2024-03-15T00:00:00
docs
title: GEDA/A/(2024)001582
type
Coreper letter confirming interinstitutional agreement
body
CSL
docs/8
date
2024-03-15T00:00:00
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
type
Text agreed during interinstitutional negotiations
body
EP
events/7
date
2024-03-20T00:00:00
type
Approval in committee of the text agreed at 1st reading interinstitutional negotiations
body
EP
docs
url: https://www.europarl.europa.eu/RegData/commissions/imco/inag/2024/03-15/IMCO_AG(2024)759982_EN.docx title: PE759.982
links
Research document
forecasts
  • date: 2024-04-22T00:00:00 title: Indicative plenary sitting date
docs/7
date
2023-12-01T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0382_EN.html title: A9-0382/2023
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
events/4/summary
  • The Committee on the Internal Market and Consumer Protection adopted the report by Tom VANDENKENDELAERE (EPP, BE) 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.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Clearer scope
  • Members consider that the draft Regulation should not apply to:
  • - non-road mobile machinery equipped with more than three seating positions when circulating on public roads, including the driver’s seating position;
  • - non-road mobile machinery intended by the manufacturer to carry out field tests, which are inherent to the machine development process.
  • As regards non-road mobile machinery under individual approval, the manufacturer may, where appropriate, choose to apply for EU type-approval.
  • Definitions
  • The proposal called for a wider definition of a ‘type’ and ‘variant’. The report proposes to make the definition of a non-road mobile machinery type and a variant less strict, in order to allow for more flexibility to accommodate for small volumes and for the manufacturer to have more very similar machines EU type-approved under the same type or variant.
  • Obligations of Member States
  • Member States should ensure that their approval and market surveillance authorities have the necessary resources for the proper performance of their duties. By way of derogation, Member States may limit or prohibit the circulation on public roads of non-road mobile machinery due to its excessive weight or masses, axle loads and ground contact pressure , the machinery could damage the surface of public roads or other road infrastructure, unless, in order to limit or prohibit circulation on public roads, one of these parameters is below the threshold established by Member States.
  • Specific obligations of manufacturers
  • Manufacturers who have sufficient reason to believe that type-approved non-road mobile machinery which they have made available on the market is not in conformity with this Regulation should immediately take the corrective measures necessary to bring that non-road mobile machinery into conformity, to withdraw it or to recall it, as appropriate, and to notify the user of that non-conformity.
  • 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 should 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.
  • Technical requirements for non-road mobile machinery
  • The Commission is empowered to adopt delegated acts concerning detailed, non-discriminatory rules on the requirements related to risks for circulation on public roads. Members included the following elements:
  • - masses, including technically permissible maximum laden mass on road;
  • - on-road warnings and markings for lighting and lighting installations.
events/6
date
2023-12-13T00:00:00
type
Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
body
EP
events/5
date
2023-12-11T00:00:00
type
Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
body
EP
docs/7
date
2023-12-01T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0382_EN.html title: A9-0382/2023
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
events/2
date
2023-11-28T00:00:00
type
Vote in committee, 1st reading
body
EP
events/3
date
2023-11-28T00:00:00
type
Committee decision to open interinstitutional negotiations with report adopted in committee
body
EP
events/4
date
2023-12-01T00:00:00
type
Committee report tabled for plenary, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2023-0382_EN.html title: A9-0382/2023
procedure/Other legal basis
Rules of Procedure EP 159
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament's position in 1st reading
docs/6
date
2023-09-05T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/IMCO-AM-752780_EN.html title: PE752.780
type
Amendments tabled in committee
body
EP
committees/0
type
Responsible Committee
body
EP
committee_full
Internal Market and Consumer Protection
committee
IMCO
associated
False
rapporteur
name: VANDENKENDELAERE Tom date: 2023-05-24T00:00:00 group: Group of European People's Party abbr: EPP
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Internal Market and Consumer Protection
committee
IMCO
associated
False
rapporteur
name: VANDENKENDELAERE Tom date: 2023-05-24T00:00:00 group: Group of European People's Party abbr: EPP
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Internal Market and Consumer Protection
committee
IMCO
associated
False
rapporteur
name: VANDENKENDELAERE Tom date: 2023-05-24T00:00:00 group: Group of European People's Party abbr: EPP
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Internal Market and Consumer Protection
committee
IMCO
associated
False
rapporteur
name: VANDENKENDELAERE Tom date: 2023-05-24T00:00:00 group: Group of European People's Party abbr: EPP
shadows
docs/4
date
2023-06-14T00:00:00
docs
url: https://dmsearch.eesc.europa.eu/search/public?k=(documenttype:AC)(documentnumber:2346)(documentyear:2023)(documentlanguage:EN) title: CES2346/2023
type
Economic and Social Committee: opinion, report
body
ESC
committees/0
type
Responsible Committee
body
EP
committee_full
Internal Market and Consumer Protection
committee
IMCO
associated
False
rapporteur
name: VANDENKENDELAERE Tom date: 2023-05-24T00:00:00 group: Group of European People's Party abbr: EPP
shadows
committees/0
type
Responsible Committee
body
EP
committee_full
Internal Market and Consumer Protection
committee
IMCO
associated
False
rapporteur
name: VANDENKENDELAERE Tom date: 2023-05-24T00:00:00 group: Group of European People's Party abbr: EPP
shadows
docs/4
date
2023-06-28T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/IMCO-PR-750138_EN.html title: PE750.138
type
Committee draft report
body
EP
committees/0/shadows/0
name
IJABS Ivars
group
Renew Europe group
abbr
Renew
docs/0/docs/0
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2023&nu_doc=0145
title
EUR-Lex
commission
  • body: EC dg: Internal Market, Industry, Entrepreneurship and SMEs commissioner: BRETON Thierry
committees/0/shadows
  • name: GALLÉE Malte group: Group of the Greens/European Free Alliance abbr: Verts/ALE
  • name: PELLETIER Anne-Sophie group: The Left group in the European Parliament - GUE/NGL abbr: GUE/NGL
committees/0/rapporteur
  • name: VANDENKENDELAERE Tom date: 2023-05-24T00:00:00 group: Group of European People's Party abbr: EPP
committees/1/opinion
False
events/1
date
2023-04-17T00:00:00
type
Committee referral announced in Parliament, 1st reading
body
EP
procedure/dossier_of_the_committee
  • IMCO/9/11676
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
docs/0
date
2023-03-30T00:00:00
docs
type
Legislative proposal
body
EC
events/0/summary
  • PURPOSE: to establish technical requirements, administrative requirements and harmonised procedures for the type-approval of new non-road mobile machinery circulating on public roads, as well as rules and procedures for the market surveillance of such machinery.
  • PROPOSED ACT: Regulation of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: 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.
  • 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.
  • In the absence of harmonised rules on the road safety of non-road mobile machinery, economic operators producing or making available on the EU market non-road mobile machinery are faced with significant costs due to the different regulatory requirements in the Member States.
  • Furthermore, road safety for such machinery is not ensured in a uniform manner throughout the Union. Therefore, there is a need to establish harmonised rules at EU level regarding the road safety of non-road mobile machinery.
  • A cost-benefit study carried out by the European Commission in 2019 showed that the establishment of uniform requirements at EU level could help the non-road mobile machinery sector to save 18-22% in compliance costs. Over a 10-year period, this proposal could generate up to EUR 846 million in savings for all stakeholders.
  • CONTENT: the proposal aims to fill a gap in EU legislation for non-road mobile machinery. It aims 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.
  • 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. It should not apply to the following:
  • - non-road mobile machinery with a maximum design speed exceeding 40 km/h;
  • - non-road mobile machinery equipped with more than three seating positions, including the driver’s seating position;
  • - machinery primarily intended for the transport of one or more persons or animals;
  • - 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.
  • 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.
  • The proposal follows the logic, with some adaptations, of the well-established framework for the type-approval of motor vehicles and agricultural and forestry vehicles, in order to ensure maximum consistency with existing vehicle legislation. As regards market surveillance, the proposal follows similar provisions to those in Regulation (EU) 2018/858, which are also based on the 'New Legislative Framework'.
  • More specifically, the proposal:
  • - 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: (i) to permit the placing on the market, registration or entry into service of only nonroad mobile machinery that satisfies the requirements set out in the proposal; and (ii) to organise and carry out market surveillance activities and checks of non-road mobile machinery entering the market. Manufacturers are obliged to ensure that only compliant non-road machinery is placed on the market;
  • - 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;
  • - includes a general provision, requiring that non-road mobile machinery is made available, put into service or registered only if it is in conformity;
  • - includes provisions on the EU type-approval procedure and related issues such as the EU type-approval certificate, the certificate of conformity and marking;
  • - contains provisions on EU market surveillance, checks of non-road machinery entering the EU market, and EU safeguard procedures;
  • - provides that the manufacturer is obliged to provide technical information that does not diverge from the particulars approved by the approval authority;
  • - lays down the requirements relating to technical services and the procedures for designating such services;
  • - 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.