General provisions on the conduct of EU type-approval procedures
1. Approval authorities shall grant only one EU type-approval for each type of non-road mobile machinery.
2. Approval authorities shall verify the following:
(a)
the conformity of production arrangements referred to in Article 23; and
(b)
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 a detailed file to the approval authorities of the other Member States and the Commission explaining the reasons for its decision and setting out the evidence for its findings.
3. The approval authority shall, without delay, inform the approval authorities of the other Member States of its refusal or withdrawal of any EU type-approval, together with the reasons for its decision, by means of a common secure electronic exchange system.
4. The approval authority shall put together an information package consisting of the following:
(a)
an information folder accompanied by the test reports and all other documents added by the technical service or by the approval authority to that information folder in the course of carrying out their functions;
(b)
an index listing the contents of the information package, suitably numbered and presenting a record of the successive steps in the management of the EU type-approval, in particular the dates of revisions and updates.
The approval authority shall keep the information contained in the information package referred to in the first subparagraph available for a period of 10 years after the end of validity of the EU type-approval concerned.
5. The Commission may have access to the common secure electronic exchange system, referred to in paragraph 3 and Articles 21(3), 26(3) and 27(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 49(2).
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 manufacturer or its representative 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 the following attachments:
(a)
the information package referred to in Article 20(4);
(b)
the test results sheet;
(c)
the name and specimen of the signature of the person authorised to sign a certificate of conformity and a statement of that person’s position in the company;
(d)
a filled-out specimen of the certificate of conformity.
3. The Commission shall adopt implementing acts laying down a harmonised numbering system. EU type-approval certificates shall be numbered in accordance with that harmonised numbering system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). The approval authority shall, within 1 month of issuing the EU type-approval certificate, send a copy of the EU type-approval certificate for non-road mobile machinery to the approval authorities of the other Member States, together with the attachments, by means of a common secure electronic exchange system.
4. The Commission shall adopt implementing acts laying down the template for the EU type-approval certificate. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(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 attached thereto;
(b)
compile the index to the information package;
(c)
issue the completed certificate, together with its attachments, to the manufacturer or its representative for EU type-approval, without delay.
5. The Commission shall adopt implementing acts laying down the template for the test results sheet referred to in paragraph 2, point (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
6. In the case of an EU type-approval for which, in accordance with Article 30, restrictions have been imposed as to its validity, the EU type-approval certificate shall specify those restrictions.
7. The approval authority shall establish a list of applicable requirements or acts and attach that list to the EU type-approval certificate. The Commission shall adopt implementing acts laying down the template for such a list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
Demonstrating compliance for EU type-approval
1. For the purpose of granting EU type-approval of non-road mobile machinery, compliance shall be demonstrated with the requirements laid down in this Regulation, and in particular the applicable technical requirements.
2. The manufacturer or its representative for EU type-approval shall demonstrate compliance with the applicable technical requirements by drawing up technical documentation.
3. The technical documentation referred to in paragraph 2 shall include a declaration of compliance from the manufacturer or, if tests are required by the delegated acts adopted pursuant to this Regulation, relevant test reports resulting from the following test procedures:
(a)
testing carried out by the manufacturer; for testing procedures included in this point the responsibility of the approval authority is limited to checking that both the declaration and the testing reports are included within the file;
(b)
testing carried out by a technical service designated to perform such activity or the accredited in-house technical service, referred to in Article 43, of that manufacturer;
(c)
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 43.
4. For the EU type-approval of non-road mobile machinery, components or separate technical units which are type-approved in accordance with the procedures and requirements set out in Regulation (EU) No 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.
5. The Commission shall adopt implementing acts laying down the general requirements for the format of the test reports referred to in paragraph 3 with which such test reports shall comply. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
6. The manufacturer or its representative for EU type-approval shall make available to the approval authority as much non-road mobile machinery as is required under the relevant delegated acts adopted pursuant to this Regulation for the performance of the tests set out by those delegated acts.
The required tests shall be performed on non-road mobile machinery which is representative of the type to be approved.
However, the manufacturer or its representative for EU type-approval may select, subject to the agreement of the approval authority, non-road mobile machinery which is not a representative of the type concerned but which 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.
7. 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 manufacturer or its representative for EU type-approval with respect to those requirements established in the delegated acts adopted pursuant to paragraph 9.
8. Virtual testing methods shall fulfil the conditions set out in the delegated acts adopted pursuant to paragraph 9.
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 50, which supplement this Regulation by setting out the requirements, compliance with which can be tested by means of virtual testing, and the conditions under which that virtual testing is to be performed.
Conformity of production arrangements
1. An approval authority which grants an EU type-approval shall take the necessary measures to verify, directly, in cooperation with, or on the basis of the verification already carried out by the approval authority of another Member State, 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.
2. 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 28 and that the holder of EU type-approval has made adequate arrangements to ensure that the data in the certificates of conformity are correct.
3. An approval authority which has granted an EU type-approval shall take the necessary measures in relation to that approval to verify, directly, in cooperation with, or on the basis of the verification already carried out by the approval authority of another Member State, that the arrangements referred to in paragraphs 1 and 2 of this Article 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 28.
4. 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.
5. When an approval authority which has granted an EU type-approval establishes that the arrangements referred to in paragraphs 1 and 2 have not been made, deviate significantly from the arrangements and control plans agreed or are no longer considered to be adequate, even though production has continued, it shall either take the necessary measures to ensure that the procedure for conformity of production is followed correctly or withdraw the EU type-approval. The approval authority may decide to take all necessary corrective or restrictive measures laid down in Chapter X.
6. The Commission is empowered to adopt delegated acts in accordance with Article 50 concerning the detailed arrangements with regard to conformity of production, such as the detailed conditions under which approval authorities may not refuse the verification already carried out by the approval authority of another Member State.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
