Obligations of Member States
1. 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.
2. Member States shall ensure that their approval authorities and market surveillance authorities have the necessary resources for the proper performance of their duties.
3. The notification of the approval authorities and market surveillance authorities shall include their name, address, electronic address and areas of responsibility. The Commission shall publish on its website a list and details of the approval authorities and market surveillance authorities.
4. 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.
5. 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.
6. By way of derogation from paragraph 5, Member States may limit or prohibit the circulation on public roads or the registration of non-road mobile machinery that has been approved in accordance with this Regulation which satisfies any of the following criteria:
(a)
due to its excessive dimensions, the machinery would not allow for sufficient manoeuvrability on public roads;
(b)
due to its excessive mass, axle loads or ground contact pressure, the machinery could damage the surface of public roads or other road infrastructure;
(c)
due to its fully automated, or remotely operated, driving system for on-road use, the machinery is subject to restrictions under national traffic law.
The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by establishing the methodology for the determination of the threshold values, to be established by means of the implementing acts referred to in the third subparagraph of this paragraph, as regards non-road mobile machinery’s maximum road laden mass on road, axle loads or ground contact pressure beyond which that non-road mobile machinery’s dimensions, weight and mass are considered to be excessive within the meaning of points (a) and (b) of the first subparagraph of this paragraph.
The Commission shall adopt implementing acts setting out those threshold values in accordance with that methodology. Those threshold values may differ in respect of the different groups of non-road mobile machinery concerned.
7. 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.
8. Member States shall take the necessary measures to ensure that market surveillance authorities are entitled, in accordance with national law, to exercise the powers conferred on them under Article 14 of Regulation (EU) 2019/1020.
Obligations of approval authorities
1. Approval authorities shall ensure that manufacturers applying for EU type-approval comply with their obligations under this Regulation.
2. Approval authorities shall approve only non-road mobile machinery that satisfies the requirements laid down in this Regulation.
3. 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.
4. For the purpose of enabling market surveillance authorities to carry out checks, approval authorities shall make available to market surveillance authorities the necessary information related to the type-approval of the non-road mobile machinery that is subject to compliance verification checks. That information shall include at least the information included in the EU type-approval certificate and its attachments. Approval authorities shall provide that information to the market surveillance authorities without undue delay.
5. Where an approval authority has been informed in accordance with Chapter X that non-road mobile machinery is suspected of presenting a serious risk or of being in non-compliance, it shall take all necessary measures to review the type-approval granted and, where appropriate, correct or withdraw the type-approval depending on the reasons and the seriousness of the deviations demonstrated.
General obligations of manufacturers
1. Manufacturers shall ensure that the non-road mobile machinery they place on the market either belongs to a type that has been granted an EU type-approval and is designed and manufactured in accordance with that type or has been granted an EU individual approval.
2. Manufacturers shall ensure that the EU type-approved non-road mobile machinery they place on the market bears the statutory plate with marking required by this Regulation and is accompanied by its certificate of conformity.
Manufacturers shall also ensure for the EU type-approved and the EU individually approved non-road mobile machinery they place on the market that the documents, information and instructions for the user have been drawn up as required by this Regulation.
3. 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 18 or an additional representative. The manufacturer’s representative for market surveillance shall perform the tasks specified in the mandate provided for in Article 9.
4. Manufacturers shall indicate their names, registered trade names or registered trade marks, and the postal and email addresses at which they can be contacted on the non-road mobile machinery that they place on the market or, where that is not possible, in a document accompanying that machinery. The address indicated by a manufacturer shall indicate a single point at which that manufacturer can be contacted. Contact details shall be in a language easily understood by users and market surveillance authorities.
5. 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 non-road mobile machinery.
6. Manufacturers shall ensure that procedures are in place in order for series production to remain in conformity with the approved type. Changes in the design or characteristics of 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.
7. Manufacturers shall ensure that, while EU type-approved or EU individually 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.
8. Manufacturers shall ensure that their non-road mobile machinery is not designed to incorporate strategies or other means that alter the performance exhibited during test procedures in such a way that it does not comply with this Regulation when operating under conditions that can reasonably be expected in normal operation.
Specific obligations of manufacturers
1. Manufacturers who have sufficient reason to believe that EU type-approved or EU individually approved non-road mobile machinery which they have made available on the market is not in conformity with the requirements laid down in 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, and notify the user of that non-conformity.
The manufacturer shall immediately inform the approval authority which granted the EU type-approval or the EU individual approval, giving details of the non-conformity and of any measures taken.
2. Manufacturers who have sufficient reason to believe that the non-road mobile machinery which they have made available on the market presents a serious risk shall immediately inform the approval authorities and the market surveillance authorities of the Member States in which the non-road mobile machinery was made available on the market thereof, giving details of that risk and any corrective measures taken. Manufacturers shall immediately inform the users of that serious risk and any corrective measures taken via appropriate means.
3. Manufacturers shall keep, at the disposal of the approval authorities and market surveillance 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 non-road mobile machinery.
4. Following a reasoned request from a national authority, a manufacturer shall provide that authority, through the approval authority, with a copy of the EU type-approval certificate or the EU individual approval certificate translated into a language which can be easily understood by that authority.
Manufacturers shall cooperate with national authorities 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 has been placed on the market, registered or entered into service.
5. 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 immediately inform their distributors and importers thereof.
Manufacturers shall keep a record of the complaints referred to in the first subparagraph, including a description of the issue and the details needed to identify the affected type of non-road mobile machinery.
Obligations of a manufacturer’s representative regarding market surveillance
1. 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)
have access to the information folder referred to in Article 19 and the certificates of conformity;
(b)
following a reasoned request from an approval authority or a market surveillance authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of an EU type-approved non-road mobile machinery in accordance with this Regulation;
(c)
cooperate with the approval authorities or market surveillance authorities, at their request, on any action in accordance with Chapter X of this Regulation relating to non-road mobile machinery covered by their mandate;
(d)
immediately inform the manufacturer about complaints and reports relating to risks, suspected incidents or non-compliance issues that relate to non-road mobile machinery covered by that mandate;
(e)
have the right to terminate the mandate without penalty if the manufacturer acts contrary to its obligations under this Regulation.
2. A manufacturer’s representative for market surveillance who terminates a mandate on the grounds referred to in paragraph 1, point (e), shall immediately inform the approval authority that granted the EU type-approval or the EU individual approval.
General obligations of importers
1. Importers shall ensure that non-road mobile machinery that they place on the market either belongs to a type that has been granted an EU type-approval and conforms to that type or has been granted an EU individual approval.
2. Importers shall ensure that the EU type-approved non-road mobile machinery they place on the market bears the statutory plate with marking required by this Regulation and is accompanied by its certificate of conformity.
Importers shall also ensure for the EU type-approved and the EU individually approved non-road mobile machinery they place on the market that the documents, information and instructions for the user have been drawn up as required by this Regulation, and that the obligations set out in Article 7(3) and (4), where applicable, have been fulfilled.
3. Importers shall indicate their names, registered trade names or registered trade marks, and the postal and email addresses 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 indicated by an importer shall indicate a single point at which that importer can be contacted. Contact details shall be in a language easily understood by users and market surveillance authorities.
4. Importers shall ensure that, while EU type-approved or EU individually approved non-road mobile machinery is under their responsibility and intended to be made available on the market, storage or transport conditions do not jeopardise its conformity with the relevant provisions of this Regulation.
Specific obligations of importers
1. Importers shall not make available on the market non-road mobile machinery that is not in conformity with the requirements laid down in this Regulation, until such machinery has been brought into conformity.
2. Importers who have sufficient reason to believe that the non-road mobile machinery which they have made available on the market is not in conformity with the requirements laid down in this Regulation shall immediately take the corrective measures necessary to bring that non-road mobile machinery into conformity, or to withdraw or recall it, as appropriate.
3. Importers who have sufficient reason to believe that the non-road mobile machinery which they have made available on the market presents a serious risk shall immediately inform the manufacturer, the approval authorities 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 those authorities of any action taken and give details of the serious risk and any corrective measures taken by the manufacturer.
4. 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 authorities and the market surveillance authorities and shall ensure that the information package can be made available to those authorities at their request.
5. An importer shall, following a reasoned request from a national authority, provide it with all the information and documentation necessary to demonstrate the conformity of non-road mobile machinery in a language which can be easily understood by that authority. The importer shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the non-road mobile machinery which it has placed on the market.
6. 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.
General obligations of distributors
1. When making EU type-approved or EU individually approved non-road mobile machinery available on the market, distributors shall act with due care in relation to the relevant provisions of this Regulation.
2. Before making non-road mobile machinery available on the market, distributors shall verify that the following conditions have been fulfilled:
(a)
that the EU type-approved non-road mobile machinery bears the statutory plate with marking required by this Regulation;
(b)
that a certificate of conformity accompanies the EU type-approved non-road mobile machinery;
(c)
that, for EU-type approved and EU individually approved non-road mobile machinery, the documents, information and instructions for the user have been drawn up as required by this Regulation;
(d)
that, for EU-type approved and EU individually approved non-road mobile machinery, the obligations set out in Article 7(3) and (4) and Article 10(3), where applicable, have been met.
3. Distributors shall ensure that, while EU type-approved or EU individually approved non-road mobile machinery is under their responsibility, storage or transport conditions do not jeopardise its conformity with this Regulation.
Specific obligations of distributors
1. Where distributors have sufficient reason to believe that non-road mobile machinery under their responsibility is not in conformity with this Regulation, they shall inform the manufacturer, the importer and the approval authority that granted the EU type-approval or the EU individual approval thereof, and shall not make that non-road mobile machinery available on the market until it has been brought into conformity.
2. Distributors who have sufficient reason to believe that the 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 or the EU individual approval thereof.
3. Distributors who have sufficient reason to believe that the 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 authorities and market surveillance authorities of the Member States in which they made it available on the market.
The distributor shall also inform those authorities of any action taken and give details, in particular, of the serious risk and of corrective measures taken by the manufacturer.
4. A distributor shall, following a reasoned request from a national authority, ensure that the manufacturer provides the national authority with the information specified in Article 8(4) or that the importer provides the national authority with the information specified in Article 11(4). The distributor 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 it has made available on the market.
5. Distributors shall immediately inform the relevant manufacturer of any complaints they received relating to risks, suspected incidents or non-conformity issues regarding non-road mobile machinery that they have made available on the market.
Cases in which obligations of manufacturers apply to importers and distributors
An importer or distributor shall be considered to be 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)
where the importer or distributor makes available on the market, registers or is responsible for the entry into service of non-road mobile machinery under its name or trade mark;
(b)
where the importer or distributor modifies that machinery in such a way that may affect compliance with this Regulation.
Identification of economic operators
Economic operators shall, on request, identify to the approval authorities and market surveillance authorities, for a period of 10 years after the placing on the market of non-road mobile machinery, the following:
(a)
any economic operator who has supplied them with non-road mobile machinery;
(b)
any economic operator to whom they have supplied non-road mobile machinery.
Technical requirements for non-road mobile machinery intended to circulate on public roads
1. 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 the risk of damage to road infrastructure, in the machinery’s surrounding area, while that non-road mobile machinery is circulating on a public road.
2. The Commission is empowered to adopt delegated acts in accordance with Article 50 concerning detailed rules on the requirements set out in paragraph 1 for the following elements:
(a)
vehicle structure integrity;
(b)
maximum design speed, speed governor, speed limitation devices and speedometers;
(c)
braking devices;
(d)
steering;
(e)
field of vision;
(f)
windscreen wipers;
(g)
glazing and its installation;
(h)
indirect vision devices;
(i)
lighting, installation of lighting and visual warnings and markings;
(j)
the exterior and accessories in on-road position, including working equipment and swinging structure;
(k)
audible warning devices and their installation;
(l)
heating systems, defrosting and demisting systems;
(m)
registration plate spaces;
(n)
statutory plate with marking;
(o)
dimensions;
(p)
masses;
(q)
energy storage systems;
(r)
tyres;
(s)
reverse gear;
(t)
tracks;
(u)
mechanical couplings;
(v)
driver and other occupants’ seating positions and restraint systems;
(w)
additions to the operator’s manual specific for road use;
(x)
operator’s controls.
The delegated acts referred to in the first subparagraph may lay down detailed rules for any other element, where 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 22(3);
(b)
test methods;
(c)
limit values or parameters, in relation to any of the elements listed in the first subparagraph;
(d)
description of equipment or parts of equipment 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 may provide different detailed rules for different non-road mobile machinery groups and shall specify whether their provisions apply to non-road mobile machinery intended to circulate on public roads with a driver, without a driver, or both.
3. When adopting the delegated acts referred to in paragraph 2, the Commission shall ensure that the requirements laid down in those delegated acts are aligned and consistent with, and complementary to requirements applicable to non-road mobile machinery pursuant to other acts of Union law, in particular Regulation (EU) 2023/1230. In the preparation of those delegated acts, the Commission shall carry out appropriate consultations, including with the relevant stakeholders.
Making available on the market, registration or entry into service of non-road mobile machinery
1. Non-road mobile machinery intended to circulate on public roads shall not be made available on the market, registered or entered into service, unless it is in conformity with this Regulation.
2. Non-road mobile machinery shall only be in conformity with this Regulation if the obligations set out in this Regulation, corresponding to that machinery, have been fulfilled.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
