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Official Journal 官方期刊 |
EN 请提供需要翻译的英文文本 L series L 系列 |
2025/14 |
8.1.2025 |
REGULATION (EU) 2025/14 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
欧盟议会和理事会法规(EU)2025/14
of 19 December 2024 2024 年 12 月 19 日
on the approval and market surveillance of non-road mobile machinery circulating on public roads and amending Regulation (EU) 2019/1020
关于在公共道路上行驶的非道路移动机械的批准和市场监督,并修订条例(EU)2019/1020
(Text with EEA relevance)
(与欧洲经济区相关文本)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
欧洲议会和欧盟理事会
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
考虑到欧洲联盟运作条约,特别是其中第 114 条
Having regard to the proposal from the European Commission,
考虑到欧洲委员会的提案
After transmission of the draft legislative act to the national parliaments,
在将草案法律文件提交给各国议会后,
Having regard to the opinion of the European Economic and Social Committee (1),
考虑到欧洲经济和社会委员会(1)的意见
Acting in accordance with the ordinary legislative procedure (2),
依照通常立法程序(2)行事
Whereas: 鉴于:
(1) |
Self-propelled mobile machinery, falling within the scope of Directive 2006/42/EC of the European Parliament and of the Council (3), that is designed or constructed with the purpose to perform work (‘non-road mobile machinery’), might need, whether occasionally or regularly, to circulate on public roads, mostly to move from one working place to another. |
(2) |
This Regulation covers only self-propelled machinery. Towed machinery equipment is not covered by this Regulation because such equipment is normally towed by motor vehicles falling within the scope of Regulation (EU) 2018/858 of the European Parliament and of the Council (4). Such equipment should be covered by Regulation (EU) 2018/858, which regulates the type-approval of motor vehicles including their trailers. The Commission should address the need to establish, under Regulation (EU) 2018/858, detailed technical requirements relating to the road safety of the specific category of towed machinery equipment, insofar as such equipment is not subject to such requirements under the existing rules. |
(3) |
Certain aspects of the design and construction of non-road mobile machinery are already covered by Union harmonisation legislation, in particular by Regulation (EU) 2016/1628 of the European Parliament and of the Council (5), Directive 2000/14/EC of the European Parliament and of the Council (6), Directive 2006/42/EC, and Directives 2014/30/EU (7) and 2014/53/EU (8) of the European Parliament and of the Council. |
(4) |
As regards the safety of mobile machinery, Directive 2006/42/EC is the main regulatory act applying to that machinery when placed on the market. It sets out essential health and safety requirements covering the off-road travelling functions of mobile machinery such as slowing down, stopping, braking, driving positions and restraint systems. However, the essential health and safety requirements set out in that Directive are only designed to address safety when the machinery is at work, and do not cover the safety aspects of that machinery when circulating on public roads. |
(5) |
Due to the absence of harmonised rules on the road safety of non-road mobile machinery, economic operators that produce, or make available on the market, non-road mobile machinery face significant costs associated with differing regulatory requirements across the Members States. In addition, the road safety of that machinery is not ensured uniformly in the whole territory of the Union. Therefore, it is necessary to establish harmonised rules at Union level with respect to the road safety of non-road mobile machinery. |
(6) |
For the purposes of the development and operation of the internal market, it is appropriate to establish a harmonised type-approval system and an individual approval system for the road safety of non-road mobile machinery intended to circulate on public roads. |
(7) |
The objective of this Regulation is to address the risks associated with the intended circulation of non-road mobile machinery on public roads. Thus, non-road mobile machinery that, in practice, is not intended to circulate on public roads should be excluded from the scope of this Regulation. |
(8) |
Since the purpose of this Regulation is to address the risks stemming from the road circulation of non-road mobile machinery designed and constructed for performing work and not for the transport of persons, animals or goods, except insofar as it carries materials that contribute to its operation, this Regulation should not apply to machinery the only objective of which is the transport of persons, animals or goods. All types of new personal mobility devices, such as 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, are therefore not subject to this Regulation. |
(9) |
Since the purpose of this Regulation is to address road circulation of non-road mobile machinery designed and constructed for performing work, and not to transport workers, mobile machinery which is equipped with more than three seating positions, including the driver’s seating position, is also excluded from the scope of this Regulation. Any space should be considered as a seating position if it is designed for use when the non-road mobile machinery is circulating on public roads and can be reasonably used as such and it allows a fifth percentile adult female to be seated. |
(10) |
This Regulation should cover only non-road mobile machinery intended to circulate on public roads and that is placed on the market from the date of application of this Regulation and is either new non-road mobile machinery produced by a manufacturer established in the Union or non-road mobile machinery, whether new or second-hand, imported from a third country. |
(11) |
This Regulation should apply to non-road mobile machinery intended to circulate on public roads irrespective of its propulsion system and, therefore, should also apply to electric and hybrid machinery. This Regulation should be without prejudice to the electric safety requirements related to electric drives laid down in Regulation (EU) 2023/1230 of the European Parliament and of the Council (9). |
(12) |
Slow non-road mobile machinery represents the majority of the non-road mobile machinery market. In addition, some Member States have established a road circulation speed limit for non-road mobile machinery of 40 km/h. Moreover, as road safety risks are proportional to road speed, it would not be coherent for a framework that addresses safety risks only for non-road mobile machinery and not for regular vehicles to cover either fast non-road mobile machinery or non-road mobile machinery not exceeding 6 km/h. This Regulation should therefore not apply to mobile machinery with a maximum design speed not exceeding 6 km/h or exceeding 40 km/h. |
(13) |
In some specific well defined cases, manufacturers should have a choice to use national schemes, EU type-approval or EU individual approval. Given the particularities of prototypes of non-road mobile machinery intended to be used on the road under the responsibility of the manufacturer to carry out specific development test programmes or field tests, non-road mobile machinery designed and constructed or adapted for use by civil protection, fire services and forces responsible for maintaining public order and non-road mobile machinery used primarily in quarries or at airports, it is appropriate to allow manufacturers’ flexibility regarding the approval scheme they apply for. |
(14) |
This can also be the case for small and medium sized enterprises producing non-road mobile machinery in numbers of units that are made available on the market, registered or entered into service not exceeding, per year and in each Member State, 70 units per type. |
(15) |
Though Member States will be able to establish national schemes for the non-road mobile machinery described in recitals 13 and 14, Member States that have not established such a scheme should require manufacturers, for that non-road mobile machinery, to comply with this Regulation. In addition, the Member States that have established such a scheme should allow manufacturers to choose to comply with this Regulation in order to benefit from free movement. |
(16) |
Given that, in certain instances, non-road mobile machinery, due to its excessive dimensions, would not allow for sufficient manoeuvrability on public roads or could, due to its excessive mass, axle loads or ground contact pressure, damage the surface of public roads or other road infrastructure, or due to its fully automated driving systems for on-road use, it is appropriate to provide a discretion to Member States to prohibit the circulation on public roads or registration of such machinery, even if it has been type-approved in accordance with this Regulation. In order to ensure a high level of harmonisation for non-road mobile machinery across the Union, it is important that Member States only prohibit the circulation on public roads of a limited number of machines. Therefore, both the Member States and the Commission should set sufficiently high threshold values to allow as many type-approved machines as possible to circulate on public roads in the territory of the Union. |
(17) |
In order to minimise the risk of injury to persons and of damage to road infrastructure while non-road mobile machinery is circulating on public roads, technical requirements should be set out. The technical requirements should include subjects relating to road safety such as vehicle structure integrity, maximum design speed, speed governor, speed limitation devices and speedometer, braking devices, steering, field of vision, and masses and dimensions. The technical requirements should take into account synergies between the machinery function and the on-road use function of the non-road mobile machinery. In order to keep those technical requirements sufficiently future-proof, the Commission can lay down rules for additional requirements due to technical and scientific progress, such as driver assistance systems and automated and remotely operated driving systems. |
(18) |
In order to reduce the administrative burden for economic operators, this Regulation should allow for the use of components and separate technical units in non-road mobile machinery that have been type-approved in accordance with Regulation (EU) No 167/2013 of the European Parliament and of the Council (10) or with Regulation (EU) 2018/858. |
(19) |
All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market non-road mobile machinery which is in conformity with this Regulation. It is therefore necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain. |
(20) |
With a view to ensuring that the procedure for monitoring conformity of production, which is one of the cornerstones of the EU type-approval system, has been correctly implemented and functions properly, manufacturers should be regularly checked by the competent authority or by an appropriately qualified technical service designated for that purpose. The sampling rate for such checks should be proportionate to the production volumes concerned. Member States should ensure that their approval authorities and market surveillance authorities have the necessary resources, such as sufficient budgetary, human and material resources, including a sufficient number of competent personnel, as well as sufficient expertise, procedures and other arrangements in place to exercise the powers that are conferred on them under Article 14 of Regulation (EU) 2019/1020 of the European Parliament and of the Council (11). |
(21) |
In order to ensure legal certainty, it is necessary to clarify that rules on market surveillance and control of products entering the market provided for in Regulation (EU) 2019/1020 apply to non-road mobile machinery covered by this Regulation and, in relation to the aspects addressed or covered by the technical requirements laid down in this Regulation, amend Annex I to that Regulation in order to list, in that Annex, the references for this Regulation. |
(22) |
For non-road mobile machinery, there should be an economic operator established in the Union to whom market surveillance authorities can address requests, including requests for information regarding a product’s compliance with this Regulation, and who can cooperate with market surveillance authorities in making sure that immediate corrective action is taken to remedy instances of non-compliance. The economic operators who should perform those tasks are the manufacturer or an authorised representative mandated by the manufacturer for that purpose. The manufacturer should ensure that a mandated authorised representative is appointed at all times during the period the manufacturer holds an EU type-approval or an EU individual approval in accordance with this Regulation. |
(23) |
In order to ensure uniform conditions for the implementation of the EU type-approval and EU individual approval procedure and certain administrative provisions of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12). |
(24) |
Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authority is fundamental in order to ensure a consistently high level of health and safety within the internal market. It also leads to more efficient use of scarce resources at national level. For this purpose, an advisory forum for exchange of information on enforcement should be established for Member States and the Commission with the objective of promoting best practices, exchanging information and coordinating activities related to the enforcement of this Regulation. Given the establishment of such a forum and considering its tasks, it should not be necessary to establish a separate administrative cooperation group as required by Article 30(2) of Regulation (EU) 2019/1020. However, the forum should be considered as an administrative cooperation group for the purposes of the Union Product Compliance Network referred to in Article 29 of that Regulation. |
(25) |
In order to supplement this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of: the methodology for the determination of the threshold values that may be applied in relation to the excessive dimensions and mass, axle loads or ground contact pressure of non-road mobile machinery; the applicability of the elements of the technical requirements; the laying down of detailed technical requirements, test procedures and test methods; virtual testing; and the arrangements with regard to conformity of production and for specifying rules in relation to technical services. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (13). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
(26) |
Member States should lay down rules on penalties applicable to infringements of this Regulation and should take all measures necessary to ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. |
(27) |
The Commission should report to the European Parliament and the Council on the operation of this Regulation and, based on information provided by Member States, reconsider, if needed, the question of whether to submit an exclusive legislative proposal or extend the transitional period for the national type-approval. |
(28) |
In order to enable Member States and national authorities as well as economic operators to prepare for the application of the new rules introduced by this Regulation, a date of application falling after the date of its entry into force should be set. It is also necessary to provide for a transitional period allowing manufacturers, during that period, to comply with this Regulation and benefit from free movement or to comply with the relevant national type-approval legislation. |
(29) |
With a view to facilitating the implementation of the harmonised provisions of this Regulation after its entry into force, Member States should refrain, during the transitional period, from adopting new national technical regulations for the approval of non-road mobile machinery circulating on public roads that are not aligned with those established in this Regulation. The transitional period should apply only for those Member States that have in place, during that period, any existing or new national technical regulations for the approval of non-road mobile machinery circulating on public roads. |
(30) |
This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). Accordingly, this Regulation should be interpreted and applied with respect to those rights and principles, in particular the right to respect for private and family life, which includes the right to respect for one’s home, in accordance with Article 7 of the Charter. |
(31) |
Since the objective of this Regulation, namely laying down harmonised technical requirements, administrative requirements and procedures for the EU type-approval and the EU individual approval of new non-road mobile machinery intended to circulate on public roads, as well as the rules and procedures for the market surveillance of such machinery, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, |
HAVE ADOPTED THIS REGULATION:
已通过本规定:
CHAPTER I 第一章
SUBJECT MATTER, SCOPE AND DEFINITIONS
主题、范围和定义
Article 1 文章 1
Subject matter 主题
1. This Regulation lays down technical requirements, administrative requirements and procedures for EU type-approval, EU individual approval, and placing on the market of all new non-road mobile machinery intended to circulate on public roads.
本法规规定了欧盟型式批准、欧盟单独批准以及所有新非道路移动机械投放市场的技术要求、行政要求和程序。
2. This Regulation also lays down rules and procedures for the market surveillance of non-road mobile machinery.
本规定还规定了非道路移动机械的市场监管规则和程序。
Article 2 第 2 条
Scope 范围
1. This Regulation applies to non-road mobile machinery (‘U-category vehicles’) where it is placed on the market and intended to circulate, whether occasionally or regularly, with or without a driver, on a public road.
本规定适用于非道路移动机械(“U 类车辆”),无论其是否投放市场,以及是否定期或偶尔,有无驾驶员,在公共道路上行驶。
2. This Regulation does not apply to the following:
本规定不适用于以下内容:
(a) (a) |
non-road mobile machinery with a maximum design speed exceeding 40 km/h; |
(b) (b) |
non-road mobile machinery with a maximum design speed not exceeding 6 km/h; |
(c) (c) |
non-road mobile machinery equipped with more than three seating positions, including the driver’s seating position; |
(d) (d) |
machinery, as defined in Article 2, point (a), of Directive 2006/42/EC, primarily intended for the transport of one or more persons, animals or goods other than instruments or auxiliaries required for the performance of work, materials resulting from or necessary for work or for intermediate storage, or materials transported on construction sites; |
(e) (e) |
vehicles, including motor vehicles, tractors, trailers, two-wheel or three-wheel vehicles, quadricycles and interchangeable towed equipment, falling exclusively within the scope of Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 of the European Parliament and of the Council (14) or Regulation (EU) 2018/858; |
(f) (f) |
non-road mobile machinery that was placed on the market, registered or entered into service before 29 January 2028. |
3. For the following non-road mobile machinery, the manufacturer may decide to apply for the EU type-approval, to apply for the EU individual approval or to comply with the relevant national law, where appropriate:
3. 对于以下非道路移动机械,制造商可以选择申请欧盟型式批准,申请欧盟单独批准或遵守适当的国内法律:
(a) (a) |
non-road mobile machinery where the number of units per type does not exceed 70 per year and in each Member State; |
(b) (b) |
prototypes of non-road mobile machinery intended to be used on the road under the responsibility of the manufacturer to carry out specific development test programmes or field tests, if they have been specifically designed and constructed for that purpose; |
(c) (c) |
non-road mobile machinery designed and constructed for use principally in quarries, ports or airport facilities; |
(d) (d) |
vehicles designed and constructed or adapted for use by civil protection, fire services and forces responsible for maintaining public order. |
Article 3 第 3 条
Definitions 定义
For the purposes of this Regulation, the following definitions apply:
本规定的目的,以下定义适用:
(1) |
‘non-road mobile machinery’ means self-propelled mobile machinery with a propulsion system, falling within the scope of Directive 2006/42/EC, that is designed and constructed for the purpose of performing work; |
(2) |
‘new non-road mobile machinery’ means non-road mobile machinery which has never been placed on the market in the Union; |
(3) |
‘system’ means an assembly of devices combined to perform one or more specific functions in non-road mobile machinery and that is subject to the technical requirements; |
(4) |
‘fully automated driving system’ means a driving system of non-road mobile machinery that has been designed and constructed to move autonomously without any driver supervision; |
(5) |
‘component’ means a device that is intended to be part of non-road mobile machinery that can be type-approved independently of that machinery; |
(6) |
‘separate technical unit’ means a device that is intended to be part of non-road mobile machinery that can be type-approved separately; |
(7) |
‘EU type-approval’ means the certification from an approval authority that a type of non-road mobile machinery satisfies the relevant provisions of this Regulation; |
(8) |
‘EU individual approval’ means the certification from an approval authority that particular non-road mobile machinery, whether unique or not, satisfies the relevant provisions of this Regulation; |
(9) |
‘market surveillance authority’ means the authority of a Member State responsible for carrying out market surveillance in the territory of that Member State; |
(10) |
‘approval authority’ means the authority of a Member State, notified to the Commission by that Member State, with competence for all aspects of the type-approval of non-road mobile machinery, for issuing and, if appropriate, for withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, for designating the technical services and for ensuring that the manufacturer meets its obligations regarding the conformity of production; |
(11) |
‘national authority’ means an approval authority or any other authority involved in and responsible for market surveillance, border control or registration in a Member State in respect of non-road mobile machinery; |
(12) |
‘technical service’ means an independent organisation or body designated by an approval authority as a testing laboratory to carry out tests or as a conformity assessment body to carry out the initial assessment and other tests or inspections, on behalf of the approval authority, although it is possible for the approval authority itself to carry out those functions; |
(13) |
‘manufacturer’ means any natural or legal person who manufactures non-road mobile machinery or has non-road mobile machinery designed or manufactured, and markets that machinery under that person’s name or trade mark; |
(14) |
‘manufacturer’s representative for market surveillance’ means any natural or legal person established in the Union who is duly appointed by the manufacturer to carry out the tasks specified in Article 9; |
(15) |
‘manufacturer’s representative for EU type-approval’ means any natural or legal person established in the Union who is duly appointed by the manufacturer, on the basis of an agreement, to carry out all of the manufacturer’s obligations related to the EU type-approval and the relevant procedures, including the tasks specified in Articles 18, 19 and 22; this agreement must be presented at the request of the approval authority; |
(16) |
‘importer’ means a natural or legal person established in the Union who places on the market non-road mobile machinery that has been manufactured in a third country; |
(17) |
‘distributor’ means a dealer or any other natural or legal person in the supply chain, other than the manufacturer or the importer, who makes available on the market non-road mobile machinery; |
(18) |
‘economic operator’ means the manufacturer, the manufacturer’s representative for market surveillance, the importer or the distributor; |
(19) |
‘placing on the market’ means making available non-road mobile machinery for the first time in the Union; |
(20) |
‘making available on the market’ means any supply of non-road mobile machinery for distribution or use on the market in the course of a commercial activity, whether in return for payment or free of charge; |
(21) |
‘entry into service’ means the first use, for its intended purpose, in the Union, of non-road mobile machinery; |
(22) |
‘registration’ means the administrative authorisation for the entry into service, in the Union, for circulation on public roads of non-road mobile machinery, involving the identification of the latter and the issuance of a permanent or temporary serial number to be known as the registration number; |
(23) |
‘EU type-approval certificate’ means the document issued by the approval authority which certifies that a type of non-road mobile machinery is type-approved in accordance with this Regulation; |
(24) |
‘EU individual approval certificate’ means the document issued by the approval authority which certifies that particular non-road mobile machinery is individually approved in accordance with this Regulation; |
(25) |
‘certificate of conformity’ means the document issued by the manufacturer, as provided for in this Regulation, which certifies that produced non-road mobile machinery conforms to the approved type of non-road mobile machinery; |
(26) |
‘non-road mobile machinery type’ means a particular non-road mobile machinery group, including variants and versions of variants of that machinery, that shares at least the following essential aspects:
|
(27) |
‘variant’ means non-road mobile machinery of the same type which does not differ in at least the following aspects, where applicable:
|
(28) |
‘version of a variant’ means vehicles which consist of a combination of characteristics shown in the information package; |
(29) |
‘technical requirements’ means the technical requirements listed in Article 16; |
(30) |
‘information package’ means the information package referred to in Article 20(4); |
(31) |
‘holder of EU type-approval’ means the natural or legal person who applied for EU type-approval and to whom an EU type-approval certificate has been issued; |
(32) |
‘non-road mobile machinery presenting a serious risk’ means non-road mobile machinery that, based on an appropriate risk assessment that takes into account the nature of the hazard and the likelihood of its occurrence, presents a serious risk in relation to its safe circulation on public roads and other aspects covered by this Regulation; |
(33) |
‘recall’ means any measure aiming to achieve the return of non-road mobile machinery that has already been made available to a user; |
(34) |
‘virtual testing method’ means computer simulations, including calculations, to demonstrate that non-road mobile machinery fulfils the technical requirements without requiring the use of a physical vehicle, system, component or separate technical unit; |
(35) |
‘seating position’ means any location on non-road mobile machinery capable of accommodating one person seated. |
Article 4 第四条
Vehicle category of non-road mobile machinery
非道路移动机械车辆类别
For the purposes of this Regulation, the following vehicle category shall apply for all non-road mobile machinery type-approved under this Regulation: ‘category U’.
本规定适用于所有根据本规定批准的非道路移动机械车辆类别:'类别 U'。
CHAPTER II 第二章
OBLIGATIONS 义务
Article 5 第五条
Obligations of Member States
成员国义务
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.
成员国应按照本规定设立或指定负责批准和市场监督的当局。成员国应通知委员会此类当局的设立和指定。
2. Member States shall ensure that their approval authorities and market surveillance authorities have the necessary resources for the proper performance of their duties.
2. 成员国应确保其批准机构和市场监督机构拥有履行其职责所需的资源。
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.
3. 审批机构和市场监督机构的通告应包括其名称、地址、电子地址和责任区域。委员会应在其网站上公布审批机构和市场监督机构的名单和详细信息。
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.
4. 成员国仅应允许符合本法规的非道路移动机械上市、注册、投入使用或上路行驶。
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.
5. 成员国不得就本法规涵盖的方面禁止、限制或阻碍符合本法规的非道路移动机械在市场上提供、注册、投入使用或公共道路上流通。
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:
6. 经第 5 款规定,成员国可限制或禁止在本规定批准的、符合以下任何一项标准的非道路移动机械在公共道路上行驶或注册:
(a) (a) |
due to its excessive dimensions, the machinery would not allow for sufficient manoeuvrability on public roads; |
(b) (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) (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.
委员会有权根据第 50 条采取委托法案,通过建立确定阈值的方法来补充本法规,该方法通过本段第三款所述的实施法案确定,关于非道路移动机械在道路上的最大道路载重质量、轴载质量或地面接触压力,超过这些值,该非道路移动机械的尺寸、重量和质量被视为本段第一款第(a)和(b)点意义上的过度。
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.
委员会应采用实施法案,根据该方法确定那些阈值值。这些阈值值可能因涉及的不同非道路移动机械群体而有所不同。
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.
7. 成员国应按照《欧盟条例》(EU)2019/1020 的第四章、第五章和第七章组织并执行非道路移动机械进入市场的市场监督活动和控制。
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.
Article 6
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.
Article 7 第七条
General obligations of manufacturers
制造商的一般义务
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.
制造商应确保其投入市场的非道路移动机械要么属于已获得欧盟型式批准的类型,且按照该类型设计和制造,要么已获得欧盟单独批准。
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.
制造商应确保其投放市场的欧盟型式批准的非道路移动机械上标有本法规要求的标志的法定铭牌,并附有其合格证明。
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.
制造商还应确保其投放市场的欧盟型式批准和非道路移动机械的欧盟单独批准的文件、信息和用户说明符合本法规的要求。
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.
3. 为市场监督目的,设在联盟外的制造商应指定一名设在联盟内的单一代表,该代表可以是第 18 条所指的代表或额外代表。市场监督的制造商代表应执行第 9 条规定的授权任务。
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.
4. 制造商应在他们投放市场的非道路移动机械上标明其名称、注册商标或注册商标,以及他们可以联系到的邮政和电子邮件地址。如果不可能在机械上标明,则应在随机械提供的文件中标明。制造商标明的地址应指明一个制造商可以联系到的单一地点。联系信息应使用用户和市场监督机构容易理解的语言。
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.
5. 制造商应对审批机构的审批过程的所有方面负责,并确保生产的符合性,无论他们是否直接参与非道路移动机械建设的所有阶段。
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.
6. 制造商应确保有程序确保系列生产与批准的类型保持一致。非道路移动机械的设计或特性变更以及该机械声明的符合性要求的变更,应根据第 V 章予以考虑。
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.
7. 制造商应确保,在欧盟型式批准或欧盟单独批准的非道路移动机械在其责任范围内,并打算投放市场时,储存或运输条件不会损害其符合本法规。
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.
8. 制造商应确保其非道路移动机械的设计不包含策略或其他手段,以改变在测试程序中展示的性能,使其在正常操作中可合理预见的条件下运行时,不符合本法规。
Article 8 第八条
Specific obligations of manufacturers
制造商的具体义务
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.
制造商如有充分理由相信其已投放市场的欧盟型式批准或欧盟单独批准的非道路移动机械不符合本法规规定的强制性要求,应立即采取必要的纠正措施,使该非道路移动机械符合要求,或根据情况撤回或召回,并通知用户该不符合规定的情况。
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.
制造商应立即通知授予欧盟型式批准或欧盟单独批准的批准机构,并提供不合格详情及采取的措施。
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.
制造商如有充分理由相信其投放市场的非道路移动机械存在严重风险,应立即通知该非道路移动机械投放市场的成员国批准机构和市场监督机构,并详细说明该风险及采取的任何纠正措施。制造商应立即通过适当方式通知用户该严重风险及采取的任何纠正措施。
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.
制造商应在批准机构和市场监督机构可随时使用的情况下,保留信息包和合格证书副本,自非道路移动机械投放市场之日起 10 年内。
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.
根据国家当局的合理请求,制造商应通过批准当局向该当局提供一份欧盟型式批准证书或欧盟单个批准证书的翻译件,该翻译件应使用该当局易于理解的语言。
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.
制造商应与国家当局合作,就根据《欧盟条例》(EU)2019/1020 第 19 条采取的任何行动,消除其已投放市场、注册或投入使用的非道路移动机械所构成的风险。
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.
5. 制造商应审查他们收到的任何有关风险、疑似事件或其已投放市场的非道路移动机械不符合规定的问题的投诉。
In case of a substantiated complaint, manufacturers shall immediately inform their distributors and importers thereof.
如经证实有投诉,制造商应立即通知其分销商和进口商。
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.
制造商应保存关于第一段所述投诉的记录,包括问题描述和识别受影响的非道路移动机械类型所需的相关细节。
Article 9
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.
Article 10
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.
Article 11
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.
Article 12
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.
Article 13
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.
Article 14
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. |
Article 15
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. |
Article 16
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) (p) |
masses; 大量 |
(q) 输入文本翻译为简体中文为:(问号) |
energy storage systems; 储能系统 |
(r) 输入文本:(r) 翻译:无翻译内容 |
tyres; 轮胎 |
(s) (s) |
reverse gear; 倒档 |
(t) 输入文本翻译为简体中文为:(文本) |
tracks; 轨道 |
(u) 输入文本:(u) 翻译:无(原文保持不变) |
mechanical couplings; 机械联轴器 |
(v) |
driver and other occupants’ seating positions and restraint systems; |
(w) 输入文本:(w) 翻译:(w) |
additions to the operator’s manual specific for road use; |
(x) (x) |
operator’s controls. 操作员控制装置。 |
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.
所提及的委托行为,根据第一段的规定,可能因技术进步和科学进步的需要,对任何其他要素制定详细规则,以确保符合第 1 款。
The delegated acts referred to in the first subparagraph shall also, where appropriate, include detailed rules on the following:
所提及的委托行为,如适用,还应包括以下方面的详细规则:
(a) (a) |
test procedures chosen from those listed in Article 22(3); |
(b) (b) |
test methods; 测试方法; |
(c) (c) |
limit values or parameters, in relation to any of the elements listed in the first subparagraph; |
(d) (d) |
description of equipment or parts of equipment that non-road mobile machinery shall be equipped with; |
(e) (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.
所提及的委托行为可以为不同的非道路移动机械组提供不同的详细规则,并应规定其规定是否适用于旨在在公共道路上行驶的、有驾驶员操作的非道路移动机械、无驾驶员操作的非道路移动机械或两者都适用。
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.
3. 在采用第 2 段所指的委托法案时,委员会应确保那些委托法案中规定的要求数据与根据其他欧盟法律(特别是欧盟法规(EU)2023/1230)适用于非道路移动机械的要求相一致、相补充。在准备那些委托法案时,委员会应进行适当的协商,包括与相关利益相关者。
Article 17 第十七条
Making available on the market, registration or entry into service of non-road mobile machinery
将非道路移动机械投入市场、登记或投入使用
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.
非道路移动机械不得在市场上销售、注册或投入使用,除非其符合本规定。
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.
2. 非道路移动机械仅当其符合本法规规定的、针对该机械的义务已得到履行时,方可符合本法规。
CHAPTER III 第三章
EU TYPE-APPROVAL PROCEDURE
欧盟型式批准程序
Article 18 第十八条
Application for EU type-approval
欧盟型式批准申请
1. The manufacturer or its representative for EU type-approval shall submit to the approval authority an application for EU type-approval and the information folder referred to in Article 19.
制造商或其代表应向批准机构提交欧盟型式批准申请和第 19 条所述的信息文件夹。
Where a manufacturer is established outside the Union, it shall appoint a single representative established within the Union to represent that manufacturer before the approval authority. In cases where the manufacturer is established inside the Union, that manufacturer may appoint such a representative.
在欧盟以外设立制造商的情况下,该制造商应指定一名在欧盟内设立的单一代表,以代表该制造商在批准机构面前。在制造商在欧盟内设立的情况下,该制造商可以指定此类代表。
2. The EU type-approval shall consist of the approval of non-road mobile machinery as a whole by means of a single operation.
2. 欧盟型式批准应通过单一操作对非道路移动机械整体进行批准。
3. Only one application for EU type-approval shall be submitted in respect of a particular type of non-road mobile machinery in only one Member State and to only one approval authority.
3. 仅针对某一特定类型的非道路移动机械,在一个成员国向一个认证机构提交一份欧盟型式批准申请。
4. A separate application for EU type-approval shall be submitted for each type of non-road mobile machinery to be approved.
4. 对于每种需获得欧盟型式批准的非道路移动机械,应提交单独的申请。
Article 19 第 19 条
Information folder 信息文件夹
1. The manufacturer or its representative for EU type-approval, when submitting an application for EU type-approval in accordance with Article 18(1), shall provide the approval authority with an information folder.
制造商或其代表在根据第 18 条第 1 款提交欧盟型式批准申请时,应向批准当局提供信息文件夹。
2. The information folder shall include the following:
2. 信息文件夹应包括以下内容:
(a) (a) |
an information document; |
(b) (b) |
all data, drawings, photographs and other relevant information; |
(c) (c) |
a copy of the EU declaration of conformity provided for in the applicable Union legislation harmonising the conditions for the marketing of products; |
(d) (d) |
any information requested by the approval authority in the context of the procedure for the application for EU type-approval. |
3. The information folder shall be provided in paper format, or in an electronic format that is accepted by the technical service and by the approval authority.
3. 信息文件夹应以纸质形式提供,或以技术服务和审批机构接受的电子格式提供。
4. The Commission shall adopt implementing acts laying down templates for the information document and for the information folder. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
4. 委员会应制定实施条例,规定信息文件和信息文件夹的模板。这些实施条例应根据第 49(2)条所述的审查程序制定。
CHAPTER IV 第四章
CONDUCT OF EU TYPE-APPROVAL PROCEDURES
欧盟型式批准程序的实施
Article 20 第二十条
General provisions on the conduct of EU type-approval procedures
欧盟型式批准程序的一般规定
1. Approval authorities shall grant only one EU type-approval for each type of non-road mobile machinery.
批准机构应仅对每种非道路移动机械授予一个欧盟型式批准。
2. Approval authorities shall verify the following:
2. 审批机构应核实以下内容:
(a) (a) |
the conformity of production arrangements referred to in Article 23; and |
(b) (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.
如果审批机构发现一种非道路移动机械,尽管符合相关技术要求,但存在严重风险,它可能拒绝授予欧盟型式批准。在这种情况下,它应立即向其他成员国审批机构和委员会发送详细文件,说明其决定的原因,并列举其发现证据。
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.
3. 审批机构应立即通知其他成员国审批机构其拒绝或撤回任何欧盟型式批准的决定,以及决定理由,通过一个共同的加密电子交换系统。
4. The approval authority shall put together an information package consisting of the following:
4. 审批权限部门应汇编以下信息包:
(a) (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) (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.
审批机构应将第一段所述信息包中包含的信息保留在有效期内结束后的 10 年内。
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).
5. 委员会可能有权访问第 3 段和第 21(3)条、第 26(3)条和第 27(5)条中提到的共同安全电子交换系统。委员会可以制定实施条例,规定通过该系统提供的电子文件的格式、交换机制、通知当局关于欧盟型式批准的授予、修改、拒绝和撤回以及相关安全措施的程序。这些实施条例应根据第 49(2)条中提到的审查程序制定。
Article 21 第二十一条
EU type-approval certificate
欧盟型式批准证书
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.
当欧盟型式批准被授予时,批准机构应向制造商或其代表颁发欧盟型式批准证书。
The EU type-approval certificate shall remain valid as long as the EU type-approval is valid.
欧盟型式批准证书在欧盟型式批准有效期内保持有效。
The EU type-approval certificate shall be amended by the approval authority when the relevant EU type-approval is amended.
欧盟型式批准证书应由批准机构在相关欧盟型式批准修改时进行修改。
2. The EU type-approval certificate shall contain the following attachments:
2. 欧盟型式批准证书应包含以下附件:
(a) (a) |
the information package referred to in Article 20(4); |
(b) (b) |
the test results sheet; |
(c) (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) (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.
3. 委员会应制定实施法案,规定统一的编号系统。欧盟型式批准证书应按照该统一编号系统编号。这些实施法案应根据第 49(2)条所述的审查程序制定。批准机构应在发出欧盟型式批准证书后的 1 个月内,通过共同的安全电子交换系统,将非道路移动机械的欧盟型式批准证书副本及其附件发送给其他成员国的批准机构。
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:
4. 委员会应制定实施法案,规定欧盟型式批准证书的模板。这些实施法案应根据第 49(2)条所述的审查程序制定。对于每种非道路移动机械类型,批准机构应:
(a) (a) |
complete all the relevant sections of the EU type-approval certificate, including the test results sheet attached thereto; |
(b) (b) |
compile the index to the information package; |
(c) (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).
5. 委员会应制定实施法案,规定第 2 段第(b)项所指的测试结果表的模板。这些实施法案应根据第 49 条第(2)款所指的考试程序制定。
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.
6. 在根据第 30 条对欧盟型式批准的有效性施加限制的情况下,欧盟型式批准证书应明确这些限制。
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).
7. 审批机构应制定适用要求或行为的清单,并将该清单附在欧盟型式批准证书上。委员会应通过实施行为确定此类清单的模板。这些实施行为应根据第 49(2)条所述的审查程序通过。
Article 22
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.
为授予非道路移动机械的欧盟型式批准,应证明符合本法规规定的各项要求,特别是适用的技术要求。
2. The manufacturer or its representative for EU type-approval shall demonstrate compliance with the applicable technical requirements by drawing up technical documentation.
2. 制造商或其代表为欧盟型式批准应通过编制技术文件来证明符合适用的技术要求。
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:
3. 第二段中提到的技术文件应包括制造商的符合性声明,或者如果根据本法规采用委托法案需要测试,则包括以下测试程序产生的相关测试报告:
(a) (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) (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) (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.
4. 对于根据《欧盟法规》(EU)第 167/2013 号或《欧盟法规》2018/858 规定的程序和要求获得型式批准的非道路移动机械、部件或独立技术单元,如果它们被正确安装并集成到非道路移动机械中,且不影响该机械符合适用的技术要求,则应予以接受。
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).
5. 委员会应制定实施法案,规定第 3 段所述测试报告的格式一般要求,这些测试报告应遵守。这些实施法案应根据第 49 条第 2 款所述的审查程序制定。
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.
6. 制造商或其代表应向批准机构提供根据本法规通过的相关委托法规所规定的测试所需的尽可能多的非道路移动机械。
The required tests shall be performed on non-road mobile machinery which is representative of the type to be approved.
所需测试应在代表待批准类型的非道路移动机械上进行。
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.
然而,制造商或其代表在欧盟型式批准的情况下,经批准机构同意,可以选择非道路移动机械,这些机械不是相关类型的代表,但结合了与所需性能水平相关的最不利特征。在选型过程中,可以使用虚拟测试方法来协助决策。
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.
7. 在获得批准机构的同意后,制造商或其代表可要求使用虚拟测试方法作为第 3 段所述测试程序的替代,以符合根据第 9 段采用的委托法规中规定的那些要求,针对欧盟型式批准。
8. Virtual testing methods shall fulfil the conditions set out in the delegated acts adopted pursuant to paragraph 9.
8. 虚拟测试方法应满足根据第 9 段采用的委托法规规定的条件。
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.
9. 为了确保通过虚拟测试获得的结果与通过物理测试获得的结果一样有意义,本委员会有权根据第 50 条通过授权法案来补充本法规,规定了要求、可以通过虚拟测试测试的合规性以及执行虚拟测试的条件。
Article 23 第二十三条
Conformity of production arrangements
生产安排的一致性
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.
欧盟型式批准的授权机构应采取必要措施,直接或与另一成员国批准机构合作,或基于另一成员国批准机构已进行的验证,确保已采取适当的生产安排,以保证生产中的非道路移动机械符合批准的类型和文档化控制计划,这些计划应与每个批准的欧盟型式批准持有人达成一致。
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.
2. 审批机构应核实欧盟型式批准持有者已根据第 28 条发出足够数量的符合性证书样本,并且欧盟型式批准持有者已做出充分安排以确保符合性证书中的数据正确。
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.
3. 已授予欧盟型式批准的批准机构应采取必要措施,直接、合作或基于另一成员国批准机构已进行的验证,核实本条第 1 款和第 2 款所指的安排继续适当,以便生产中的非道路移动机械将继续符合批准的类型,并且合格证明将继续符合第 28 条。
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.
4. 已授予欧盟型式批准的审批机构可以对在欧盟型式批准持有者的场所(包括生产设施)采集的样品进行任何所需进行的欧盟型式批准的检查或测试。
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.
5. 当一个已授予欧盟型式批准的批准机构确定,第 1 段和第 2 段所指的安排尚未实施,与已同意的安排和控制计划有重大偏差,或者不再被认为是充分的,即使生产仍在继续,它应采取必要措施确保正确遵循生产一致性程序,或者撤回欧盟型式批准。批准机构可决定采取第 X 章规定的所有必要的纠正或限制措施。
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.
6. 委员会有权根据第 50 条采用委托法规,关于生产一致性方面的具体安排,例如,批准机构不得拒绝另一成员国批准机构已进行的验证的详细条件。
CHAPTER V 第五章
AMENDMENTS TO EU TYPE-APPROVAL
欧盟型式批准修正案
Article 24 第二十四条
General provisions 一般规定
1. The holder of an EU type-approval shall, without delay, inform the approval authority that granted the EU type-approval of any change in the particulars recorded in the information package.
欧盟型式批准的持有人应立即通知授予欧盟型式批准的批准机构关于信息包中记录的任何细节变更。
2. That approval authority shall decide which of the procedures laid down in Article 25 is to be followed.
2. 审批权限应决定应遵循第 25 条规定的哪些程序。
3. Where necessary and after consulting the holder of the EU type-approval, the approval authority may decide that an amendment to the EU type-approval needs to be granted.
3. 如有必要,并在咨询欧盟型式批准持有者后,批准机构可决定需要授予欧盟型式批准的修正。
4. The holder of an EU type-approval to be amended shall submit an application for the amendment to the EU type-approval to the approval authority that granted the EU type-approval to be amended.
4. 欧盟型式批准需修改的持有人应向授予欧盟型式批准需修改的批准当局提交修改欧盟型式批准的申请。
5. Where the approval authority establishes that, for the purposes of making an amendment to an EU type-approval, inspections or tests need to be repeated, it shall inform the holder of the EU type-approval to be amended accordingly.
5. 当审批机构确定,为了修改欧盟型式批准,需要重新进行检验或测试时,应通知需修改的欧盟型式批准持有人。
The procedures referred to in Article 25 shall only apply if, on the basis of those inspections or tests, the approval authority concludes that the requirements for EU type-approval continue to be fulfilled.
第 25 条所指的程序仅在基于那些检查或测试,审批机构得出结论认为欧盟型式批准的要求继续得到满足的情况下适用。
Article 25 第二十五条
Amendments to the EU type-approval
欧盟型式批准修正案
1. Where the approval authority verifies that the particulars recorded in the information package have changed, the approval authority shall grant an amendment to the EU type-approval for which the application was submitted in accordance with Article 24.
1. 当审批机构核实信息包中记录的细节已发生变化时,审批机构应按照第 24 条授予申请的欧盟型式批准的修正。
2. The approval authority shall designate the amendment as a ‘revision’ if inspections or tests are not required to be repeated.
2. 审批机构应将修订案指定为“修订”,如果不需要重复进行检验或测试。
In such a case, the approval authority shall issue the revised pages of the information package as necessary, marking each of the revised pages to show clearly the nature of the change and the date of reissue. A consolidated, updated version of the information package, accompanied by a detailed description of the changes, shall be deemed to meet that requirement.
在这种情况下,批准机构应根据需要发布信息包的修订页,并在每个修订页上清楚地标明变更的性质和重新发布日期。信息包的合并、更新版本,附有变更的详细说明,应视为满足该要求。
3. The approval authority shall designate the amendment as an ‘extension’ if any of the following occurs:
3. 审批权限机构应将以下情况之一发生的修订指定为“延期”:
(a) (a) |
further inspections or tests are required; |
(b) (b) |
any information on the EU type-approval certificate, with the exception of its attachments, has changed; or |
(c) (c) |
new requirements under any act adopted pursuant to this Regulation become applicable to the EU type-approved non-road mobile machinery. |
4. When amended pages of the information package or a consolidated, updated version of that package are issued, the index to the information package attached to the EU type-approval certificate shall be amended accordingly to show either the date of the most recent extension or revision or the date of the most recent consolidation of the updated version.
4. 当发布信息包的修订页或该包的合并、更新版本时,应相应修改附于欧盟型式批准证书的信息包索引,以显示最近一次延期或修订的日期或更新版本的最新合并日期。
5. No amendment to the EU type-approval of non-road mobile machinery shall be required if the new requirements referred to in paragraph 3, point (c), are, from a technical point of view, irrelevant to that type of non-road mobile machinery.
5. 如果第 3 段第(c)项所指的新要求从技术角度来看与该类型非道路移动机械无关,则无需对欧盟非道路移动机械型式批准进行任何修改。
Article 26 第二十六条
Issue and notification of amendments
发布和修订通知
1. In the case of a revision, the revised documents or the consolidated, updated version, as appropriate, including the revised index to the information package, shall be issued by the approval authority to the holder of the EU type-approval.
在修订的情况下,应根据情况,由批准机构向欧盟型式批准持有人颁发修订后的文件或合并、更新的版本,包括信息包的修订索引。
2. In the case of an extension, the approval authority shall issue an updated EU type-approval certificate denoted by an extension number, incremented in accordance with the number of successive extensions already granted. That updated certificate shall clearly show the reason for the extension and the date of reissue of the updated EU type-approval certificate. All relevant sections of that certificate, the attachments thereto, and the index to the information package shall be updated.
2. 在扩展的情况下,批准机构应颁发带有扩展编号的更新版欧盟型式批准证书,该编号根据已授予的连续扩展次数递增。该更新证书应清楚地显示扩展的原因和更新版欧盟型式批准证书的重新颁发日期。该证书的所有相关部分、附件和信息包的索引均应更新。
That updated certificate and its attachments shall be issued by the approval authority to the holder of the EU type-approval.
该更新后的证书及其附件应由批准机构颁发给欧盟型式批准的持有人。
3. The approval authority shall notify any amendment made to EU type-approvals to the approval authorities of the other Member States, by means of a common secure electronic exchange system.
3. 审批机构应通过共同的安全电子交换系统,通知其他成员国审批机构对欧盟型式批准所做的任何修改。
CHAPTER VI 第六章
VALIDITY OF EU TYPE-APPROVAL
欧盟型式批准的有效性
Article 27 第二十七条
Termination of validity 有效期终止
1. EU type-approvals shall be granted for an unlimited duration.
欧盟型式批准应授予无限期。
2. An EU type-approval shall become invalid in each of the following cases:
2. 欧盟型式批准在以下任何情况下均失效:
(a) (a) |
where production of the EU type-approved non-road mobile machinery is definitively discontinued voluntarily; |
(b) (b) |
where new requirements applicable to the EU type-approved non-road mobile machinery become mandatory for the making available on the market, registration, or entry into service of non-road mobile machinery, and it is not possible to update the type-approval in accordance with Chapter V; |
(c) (c) |
where the validity of the EU type-approval expires by virtue of a restriction in accordance with Article 30(3); |
(d) (d) |
where the EU type-approval has been withdrawn in accordance with Article 23(5). |
However, in the case of the first subparagraph, point (b), the EU type-approval and the relevant EU type-approval certificate for placing non-road mobile machinery on the market shall become invalid 24 months after the date of application of the new requirements referred to in the first subparagraph, point (b).
然而,在第一段小节第(b)点的情况下,将非道路移动机械投入市场的欧盟型式批准及其相关欧盟型式批准证书,自第一段小节第(b)点所述新要求生效之日起 24 个月后失效。
3. Where only one variant within a type or one version within a variant is affected, the EU type-approval of the non-road mobile machinery in question shall become invalid only in so far as the particular variant or version is concerned.
3. 当仅有一种类型中的一个变体或一个变体中的一个版本受到影响时,有关非道路移动机械的欧盟型式批准仅在特定变体或版本方面失效。
4. Where the production of a particular type of non-road mobile machinery is discontinued definitively, the holder of the EU type-approval shall notify the approval authority that granted the EU type-approval for that non-road mobile machinery thereof.
4. 当某种特定类型的非道路移动机械的生产被最终停止时,该欧盟型式批准的持有人应通知授予该非道路移动机械欧盟型式批准的批准当局。
5. Within 1 month of receiving the notification referred to in paragraph 4, the approval authority that granted the EU type-approval for the non-road mobile machinery shall inform the approval authorities of the other Member States accordingly, by means of a common secure electronic exchange system.
5. 在收到第 4 段所述通知后的 1 个月内,授予非道路移动机械欧盟型式批准的批准机构应通过一个共同的加密电子交换系统,相应地通知其他成员国的批准机构。
6. Without prejudice to paragraphs 4 and 5, in cases where an EU type-approval of non-road mobile machinery is due to become invalid, the holder of the EU type-approval shall notify the approval authority that granted the EU type-approval thereof.
6. 在不妨碍第 4 段和第 5 段的情况下,如果欧盟对非道路移动机械的类型批准即将失效,欧盟类型批准的持有人应通知授予该欧盟类型批准的批准机构。
The approval authority that granted the EU type-approval shall, without delay, communicate all relevant information to the approval authorities of the other Member States by means of a common secure electronic exchange system.
欧盟型式批准的批准机构应立即通过共同的安全电子交换系统,将所有相关信息传达给其他成员国的批准机构。
7. The communication referred to in paragraph 6 shall specify, in particular, the date of production and the vehicle identification number of the last non-road mobile machinery produced.
7. 第 6 段中提到的通信应特别指明最后生产的非道路移动机械的生产日期和车辆识别号。
CHAPTER VII 第七章
CERTIFICATE OF CONFORMITY AND THE STATUTORY PLATE WITH MARKING
合格证明及标牌
Article 28 第二十八条
Certificate of conformity
合格证明
1. The manufacturer shall issue a certificate of conformity to accompany each non-road mobile machinery that is manufactured in conformity with the EU type-approved non-road mobile machinery.
制造商应向每台符合欧盟型式批准的非道路移动机械颁发一份符合性证书。
2. The certificate of conformity shall be delivered free of charge to the user together with the non-road mobile machinery. Its delivery may not be made dependent on an explicit request or the submission of additional information to the holder of the EU type-approval.
2. 合格证书应免费提供给用户,并随非道路移动机械一同交付。其交付不得依赖于对欧盟型式批准持有人的明确请求或提交额外信息。
3. The certificate of conformity may be provided either in paper or in electronic format.
3. 合格证书可以是纸质或电子格式。
However, if the purchaser requests, at the time of the purchase of the non-road mobile machinery, a paper format of that certificate, that certificate shall be provided by the manufacturer in paper format, free of charge.
然而,如果购买者在购买非道路移动机械时要求,制造商应免费提供该证书的纸质格式。
4. The approval authority receiving the certificate of conformity, as structured data in electronic format, shall:
4. 收到合格证书的审批机构,作为结构化电子数据,应:
(a) (a) |
ensure that it can be accessed by the approval authorities, market surveillance authorities and registration authorities of the Member States and by the Commission; and |
(b) (b) |
provide read-only access. |
Member States shall establish the organisation and structure of their data network to enable data reception of the certificates of conformity, preferably by making use of existing systems for the exchange of structured data.
成员国应建立其数据网络的组织和结构,以便接收合格证书的数据,最好利用现有的结构化数据交换系统。
5. For a period of 10 years after the production date of the non-road mobile machinery, the manufacturer shall, at the request of the non-road mobile machinery owner, issue a duplicate of the certificate of conformity against a payment not exceeding the cost of issuing it. The word ‘duplicate’ shall be clearly visible, in the language that the certificate of conformity was drawn up, on the face of any duplicate certificate.
5. 在非道路移动机械生产日期后的 10 年期间,制造商应根据非道路移动机械所有者的要求,在不超过发放证书成本的支付下,发放符合性证书的副本。‘副本’一词应清晰可见,位于任何副本证书的正面,使用符合性证书所使用的语言。
6. The manufacturer shall use the template in paper and electronic formats for the certificate of conformity adopted by the Commission by means of implementing acts referred to in paragraph 7.
6. 制造商应使用委员会通过实施行为(见第 7 段)采用的合格证书模板,以纸质和电子格式使用。
All data exchange in accordance with this Article shall be performed by means of secure data exchange protocols specified in implementing acts referred to in paragraph 8.
所有根据本条进行的数据交换均应通过第 8 段所述实施法案中规定的安全数据交换协议进行。
7. The Commission shall adopt implementing acts concerning the certificate of conformity in paper format, setting out, in particular:
7. 委员会应制定关于纸质格式合格证书的实施法案,具体规定如下:
(a) (a) |
the template for the certificate of conformity; |
(b) (b) |
the security elements to prevent forgery of the certificate of conformity; and |
(c) (c) |
the specification concerning the manner of signing of the certificate of conformity. |
The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 49(2).
本段所述的实施行为应根据第 49(2)条所述的审查程序予以采用。
8. The Commission shall, taking into account the data required to be provided on the certificate of conformity in paper format, adopt implementing acts concerning certificates of conformity in electronic format setting out, in particular:
8. 委员会应考虑在纸质格式合格证书上需要提供的数据,制定关于电子格式合格证书的实施措施,特别是:
(a) (a) |
the basic format and structure of the data elements of the certificates of conformity in electronic format and the messages used in the exchange; |
(b) (b) |
minimum requirements for secure data exchange, including the prevention of data corruption and data misuse, and measures to guarantee the authenticity of the electronic data, such as the use of digital signatures; |
(c) (c) |
the means of exchange of the data of the certificate of conformity in electronic format. |
The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 49(2).
本段所述的实施行为应根据第 49(2)条所述的审查程序予以采用。
9. The certificate of conformity shall be drawn up in an official language of a Member State. Any approval authority may request the manufacturer to have the certificate of conformity translated into the official languages of its Member State.
9. 合格证书应以成员国官方语言制定。任何批准机构均可要求制造商将合格证书翻译成其成员国的官方语言。
10. The person authorised to sign certificates of conformity shall be within the organisation of the manufacturer and duly authorised by the management to fully engage the legal responsibility of the manufacturer with respect to the design and the construction, or to the conformity, of the production of the non-road mobile machinery.
10. 获授权签署合格证书的人员应属于制造商组织,并由管理层正式授权,全面承担制造商在设计、制造或非道路移动机械的符合性方面的法律责任。
11. The certificate of conformity shall be completed in its entirety and shall not contain restrictions as regards the use of the non-road mobile machinery other than those provided for in this Regulation.
11. 合格证书应完整填写,且除本规定提供者外,不得包含对非道路移动机械使用的限制。
12. The certificate of conformity shall, for non-road mobile machinery approved in accordance with Article 30(2), display in its title the phrase ‘For non-road mobile machinery, type-approved in accordance with Article 30(2) of Regulation (EU) 2025/14 of the European Parliament and of the Council of 19 December 2024 on the approval and market surveillance of non-road mobile machinery circulating on public roads and amending Regulation (EU) 2019/1020’.
12. 合格证书应在其标题中显示“适用于根据《欧洲议会和理事会 2024 年 12 月 19 日关于在公共道路上行驶的非道路移动机械的批准和市场监管以及修订(EU)2019/1020 号法规的第 30(2)条批准的非道路移动机械,符合《欧盟条例(EU)2025/14 号》第 30(2)条型式批准”字样。
13. Without prejudice to paragraph 1, the manufacturer may transmit the certificate of conformity to the registration authority of any Member State by electronic means.
13. 在不影响第 1 段的情况下,制造商可以通过电子方式将合格证明传送给任何成员国的注册当局。
Article 29 文章 29
Statutory plate with marking of non-road mobile machinery
法定铭牌,标有非道路移动机械
1. The manufacturer shall affix a statutory plate with marking to non-road mobile machinery manufactured in conformity with the approved type.
制造商应将带有标记的法定铭牌附着在符合批准类型的非道路移动机械上。
2. The Commission shall adopt implementing acts laying down the model for the statutory plate with marking of non-road mobile machinery. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). The first such implementing acts shall be adopted by 29 July 2027.
2. 委员会应制定实施法案,规定非道路移动机械法定铭牌的样式。这些实施法案应根据第 49(2)条所述的审查程序制定。此类实施法案的首个版本应于 2027 年 7 月 29 日之前制定。
CHAPTER VIII 第八章
NEW TECHNOLOGIES OR NEW CONCEPTS
Article 30 第三十条
Exemptions for new technologies or new concepts
新技术或新概念的豁免
1. The application referred to in Article 18 may be submitted in respect of a type of non-road mobile machinery that incorporates new technologies or new concepts which are incompatible with the applicable technical requirements.
第十八条所指的申请可以针对一种包含新技术或新概念的非道路移动机械,这些新技术或新概念与适用的技术要求不相符。
2. The approval authority shall grant the EU type-approval for the non-road mobile machinery referred to in paragraph 1 where all of the following conditions are met:
2. 审批机构应在满足以下所有条件的情况下,对第 1 段中提到的非道路移动机械授予欧盟型式批准:
(a) (a) |
the application states the reasons why the technologies or concepts in question are incompatible with the applicable technical requirements; |
(b) (b) |
the application describes the implications in relation to the aspects covered by the new technology and the measures taken in order to ensure at least an equivalent level of protection in relation to the aspects covered as that provided by the requirements from which exemption is sought; |
(c) (c) |
test descriptions and results carried out by a technical service designated to perform such activity or by the accredited in-house technical service, referred to in Article 41, of that manufacturer demonstrate that the condition in point (b) is met. |
3. The granting of such an EU type-approval exempting new technologies or new concepts shall be subject to authorisation by the Commission.
3. 此类欧盟型式批准的授予,免除新技术或新概念的批准,应受委员会的授权。
The Commission shall adopt an implementing act to decide whether to grant or refuse to grant the authorisation referred to in the first subparagraph of this paragraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 49(2).
委员会应通过一项执行条例,决定是否授予或拒绝授予本段第一项所述的授权。该执行条例应根据第 49(2)条所述的审查程序通过。
Where appropriate, that implementing act shall specify whether the authorisation is subject to any restrictions, including a validity period.
在适当的情况下,该实施法案应规定授权是否受任何限制,包括有效期。
In all cases, the EU type-approval shall be valid for at least 36 months.
在任何情况下,欧盟型式批准至少有效期为 36 个月。
4. Pending the decision on authorisation by the Commission, the approval authority may grant a provisional EU type-approval.
待委员会授权决定后,批准机构可授予临时欧盟型式批准。
However, such EU type-approval shall be valid only in the territory of that Member State, in respect of a type of non-road mobile machinery covered by the exemption sought, and the Member States of which the approval authority accepted that approval in accordance with paragraph 5.
然而,此类欧盟型式批准仅在寻求豁免的成员国领土内有效,适用于受豁免的非道路移动机械类型,以及根据第 5 款接受该批准的成员国。
The approval authority that granted the provisional EU type-approval shall, without delay, inform the Commission and other approval authorities by means of a file containing the information referred to in paragraph 2, that all the conditions referred to in that paragraph are fulfilled.
批准临时欧盟型式批准的机构应立即通过包含第 2 段所述信息的文件,通知委员会和其他批准机构,该段所述的所有条件均已满足。
The provisional nature and the limited territorial validity shall be apparent from the heading of the EU type-approval certificate and the heading of the certificate of conformity. The Commission may adopt implementing acts in order to provide for templates for the EU type-approval certificate and the certificate of conformity for the purposes of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
欧盟型式批准证书和合格证书的标题中应明显显示其临时性质和有限的领土效力。委员会可采取实施措施,为第 49(2)条目的提供欧盟型式批准证书和合格证书的模板。这些实施措施应根据第 49(2)条所指的审查程序采用。
5. An approval authority, other than the authority referred to in paragraph 4, may accept the provisional EU type-approval referred to in paragraph 4 in writing, so that the validity of that provisional approval is extended in the territory of that Member State.
5. 除第 4 段所述的当局外,批准当局可以书面接受第 4 段所述的临时欧盟型式批准,以便在该成员国领土上延长该临时批准的有效期。
6. Where the Commission refuses the authorisation, the approval authority shall immediately give notice to the holder of the provisional EU type-approval referred to in paragraph 4 that the provisional approval will be revoked 6 months after the date of application of the implementing act referred to in paragraph 3.
6. 当委员会拒绝授权时,批准机构应立即通知第 4 段所述的临时欧盟型式批准持有人,临时批准将在第 3 段所述的实施法案生效之日起 6 个月后予以撤销。
However, non-road mobile machinery may be placed on the market, registered or entered into service in the Member State of which the approval authority granted that approval and in any Member State of which the approval authority accepted that approval, if:
然而,非道路移动机械可以投放市场、在批准该批准的成员国注册或投入使用,以及在任何批准该批准的成员国,如果:
(a) (a) |
that machinery was manufactured in conformity with the provisional EU type-approval before it ceased to be valid; |
(b) (b) |
that machinery bears the statutory plate with marking, required by this Regulation; |
(c) (c) |
the provisional certificate of conformity accompanies that machinery; and |
(d) (d) |
the documents, information and instructions for the user have been drawn up as required by this Regulation. |
Article 31 文章 31
Subsequent amendments to delegated and implementing acts
后续对委托和执行法规的修订
1. Where the Commission authorises the granting of an exemption pursuant to Article 30, it shall immediately take the necessary steps to amend the delegated or implementing acts concerned to reflect technological developments.
根据第 30 条授权委员会授予豁免时,它应立即采取必要措施修改相关的委托或实施法案,以反映技术发展。
2. As soon as the relevant acts have been amended, any restriction set out in the Commission decision authorising the exemption shall be lifted.
2. 有关法规一经修订,委员会决定授权的豁免中规定的任何限制即予解除。
3. If the necessary steps to amend the delegated or implementing acts have not been taken, the Commission may, at the request of the Member State which granted the approval, authorise, by means of an implementing decision adopted in accordance with the examination procedure referred to in Article 49(2), the Member State to extend the EU type-approval.
3. 如果未采取必要的步骤修改委托或实施法案,则经批准该法案的成员国请求,委员会可授权,通过根据第 49(2)条所述审查程序通过的执行决定,该成员国延长欧盟型式批准。
CHAPTER IX 第九章
EU INDIVIDUAL APPROVAL 欧盟个人批准
Article 32 第三十二条
EU individual approval 欧盟个别批准
1. Member States shall grant an EU individual approval for non-road mobile machinery that complies with the requirements laid down in this Regulation.
成员国应授予符合本法规规定的非道路移动机械的欧盟个别批准。
2. An application for an EU individual approval for non-road mobile machinery shall be submitted by the owner, the manufacturer, a representative who is established in the Union and appointed for that purpose by the manufacturer, or the importer of the non-road mobile machinery.
2. 欧盟非道路移动机械的个体批准申请应由所有者、制造商、在联盟内设立并经制造商指定的代表或非道路移动机械的进口商提交。
3. The delegated acts referred to in Article 16(2) may provide different detailed rules for non-road mobile machinery that is subject to EU individual approval. Those rules shall cover the test procedures referred to in Article 22(3)(b) and (c) and shall consist of non-destructive and simplified procedures in order to demonstrate compliance of the individual non-road mobile machinery by means of physical, virtual and mechanical assessment.
第 3 条 第 16 条第 2 款所指的委托行为可以为受欧盟单独批准的非道路移动机械提供不同的详细规则。这些规则应涵盖第 22 条第 3 款(b)和(c)项所指的测试程序,并应包括无损和简化程序,以便通过物理、虚拟和机械评估来证明单个非道路移动机械的合规性。
4. The EU individual approval certificate shall be given a unique number in accordance with a harmonised numbering system, which shall at least allow for the identification of the Member State which granted the EU individual approval.
欧盟个体批准证书应按照一个协调一致的编号系统赋予一个唯一编号,该系统至少应允许识别授予欧盟个体批准的成员国。
5. The Commission shall adopt implementing acts laying down the template and the numbering system of EU individual approval certificates. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
5. 委员会应制定实施条例,规定欧盟个别批准证书的模板和编号系统。这些实施条例应根据第 49(2)条所指的审查程序制定。
CHAPTER X 第十章
SAFEGUARD CLAUSES 安全条款
Article 33 第三十三条
National evaluation of non-road mobile machinery suspected of presenting a serious risk or not being in conformity
国家非道路移动机械风险评估或不符合规定评估
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 non-road mobile machinery presents a serious risk or is not in conformity with the requirements laid down in this Regulation, it shall carry out an evaluation of the non-road mobile machinery concerned with respect to the relevant requirements laid down in this Regulation.
根据其自身的市场监督活动,或基于批准机构、制造商提供的信息,或基于投诉,如果成员国市场监督机构有充分理由相信非道路移动机械存在严重风险或不符合本法规规定的强制性要求,则应对该非道路移动机械的相关要求进行评估。
2. The relevant economic operators and the relevant approval authorities shall cooperate fully with the market surveillance authorities.
2. 相关经济运营者和相关审批机构应与市场监管机构充分合作。
Article 34 第 34 条
National procedures for dealing with non-road mobile machinery presenting a serious risk or not being in conformity
国家处理存在严重风险或不符合规定的非道路移动机械的程序
1. Where, after having performed the evaluation pursuant to Article 33, the market surveillance authority of a Member State finds that 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 takes all appropriate corrective measures without delay to ensure that the non-road mobile machinery concerned no longer presents that risk or is brought into conformity. That period shall be proportionate to the seriousness of the risk or non-conformity.
1. 在根据第 33 条进行评估后,如果成员国市场监督机构发现非道路移动机械存在严重风险或不符合本法规,应立即要求相关经济运营者采取所有适当的纠正措施,以确保有关非道路移动机械不再存在该风险或符合规定。该期限应与风险的严重性或不符合的程度成比例。
2. Economic operators shall, in accordance with the obligations set out in Articles 7 to 14, ensure that all appropriate corrective measures are taken in respect of all concerned non-road mobile machinery that they have placed on the market, registered or entered into service.
经济运营者应根据第 7 至 14 条规定的义务,确保对其已投放市场、注册或投入使用的所有相关非道路移动机械采取所有适当的纠正措施。
3. Where economic operators do not take appropriate corrective measures within the relevant period referred to in paragraph 1 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.
3. 如果经济运营商在第一段所述的相关期限内未采取适当的纠正措施,或者风险需要迅速行动,国家当局应采取所有适当的临时限制措施,禁止或限制相关非道路移动机械在其国内市场上投放市场、注册(包括禁止在公共道路上流通)或投入使用,或从该市场上撤回或召回。
4. Article 18 of Regulation (EU) 2019/1020 shall apply to the restrictive measures referred to in paragraph 3.
第 4 条 欧盟法规(EU)2019/1020 的第 18 条适用于第 3 段中提到的限制措施。
Article 35 第 35 条
Corrective and restrictive measures at Union level
欧盟层面的纠正和限制措施
1. The national authority taking either a corrective or a restrictive measure in accordance with Article 34 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.
根据第 34 条采取纠正或限制措施的国家级机构应立即通过《欧盟条例》(EU)2019/1020 第 34(1)条所指的信息和通信系统通知委员会和其他成员国国家机构。
It shall also inform without delay the approval authority that granted the approval about its findings. In the cases of non-road mobile machinery that presents a serious risk those corrective or restrictive measures shall also be notified via the Safety Gate Rapid Alert System referred to in Article 25 of Regulation (EU) 2023/988 of the European Parliament and of the Council (15).
应立即通知批准该批准的审批机构其发现情况。对于存在严重风险的非道路移动机械,还应通过《欧洲议会和理事会条例(EU)2023/988》第 25 条所指的安全门快速警报系统通知这些纠正或限制措施。(15)
The information provided in accordance with the first and second subparagraphs shall include all available details, including the data necessary for the identification of the concerned non-road mobile machinery, its origin, the nature of the alleged non-compliance or the risk involved, the nature and duration of the national measures taken, and the arguments put forward, when those arguments are put forward, by the relevant economic operator.
根据第一和第二分款提供的信息应包括所有可用细节,包括识别相关非道路移动机械所需的数据、其来源、涉嫌不符合的性质或涉及的风险、采取的国家措施的性质和持续时间,以及相关经济运营商提出的论点,当这些论点被提出时。
2. The Member State that takes the measure shall indicate whether the risk or the non-compliance is due to the following:
2. 采取该措施的成员国应表明风险或不遵守是由于以下原因:
(a) (a) |
the failure of the non-road mobile machinery to comply with this Regulation; or |
(b) (b) |
shortcomings in the relevant regulatory acts adopted pursuant to this Regulation. |
3. Member States other than the Member State that takes the measure shall inform, within 1 month of the notification referred to in paragraph 1, the Commission and the other Member States of any 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.
3. 除采取该措施的成员国外,其他成员国应在收到第 1 款所述通知后的 1 个月内,通知委员会和其他成员国他们所采取的任何措施,以及他们拥有的有关相关非道路移动机械不符合规定或存在风险的信息,以及,在不同意通知的国家措施的情况下,他们的反对意见。
4. Where, within 3 months of the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a notified national measure, the other Member States shall ensure that similar measures are taken without delay within their territories in respect of the non-road mobile machinery concerned.
4. 在收到第 1 段所述通知后的 3 个月内,如果其他成员国或委员会对通知的国内措施没有提出异议,其他成员国应确保在其领土上立即采取类似措施,以针对相关的非道路移动机械。
5. Where, within 3 months of the notification referred to in paragraph 1, another Member State or the Commission raises an objection in respect of a notified national measure, or where the Commission considers that a notified national measure is contrary to Union law, the Commission shall consult the Member States concerned and the relevant economic operator or operators without delay.
5. 在第 1 段所述通知之日起 3 个月内,如另一成员国或委员会对通知的国家措施提出异议,或者委员会认为通知的国家措施违反联盟法律,委员会应立即与有关成员国和相关的经济运营商或运营商进行协商。
6. On the basis of the consultation referred to in paragraph 5, the Commission shall adopt implementing acts to decide on harmonised measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
基于第 5 段所述的协商,委员会应采取实施措施,决定在联盟层面的协调措施。这些实施措施应根据第 49(2)条所述的审查程序采用。
7. The Commission shall immediately communicate the decision referred to in paragraph 6 to the relevant economic operator or operators. Member States shall enforce measures contained in the acts referred to in paragraph 6 without delay and shall inform the Commission accordingly.
7. 委员会应立即将第 6 段所述决定通知相关经济运营商或运营商。成员国应立即执行第 6 段所述法规中的措施,并据此通知委员会。
8. Where the Commission considers that a notified national measure is unjustified or contrary to Union law, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 6.
8. 当委员会认为一项已通知的国家措施是不合理的或违反联盟法律时,相关成员国应按照第 6 段提到的委员会决定撤回或调整该措施。
9. Where the risk or non-compliance is attributed to shortcomings in regulatory acts adopted pursuant to this Regulation, the Commission shall propose the necessary amendments to the acts concerned.
9. 当风险或不遵守归因于根据本规定通过的监管法规的缺陷时,委员会应提出对相关法规的必要修正。
10. Where a corrective measure is considered to be justified in accordance with this Article or is subject to the implementing acts referred to in paragraph 6, that measure shall be available free of charge to the owners of the affected non-road mobile machinery. Where repairs have been carried out at the registration holder’s expense before the adoption of the corrective measure, the manufacturer shall reimburse the cost of such repairs up to the cost of the repairs required by that corrective measure.
第十条 如根据本条或第六款所述的实施措施认为采取纠正措施是合理的,则该措施应免费提供给受影响的非道路移动机械的所有者。如纠正措施采用前,登记持有人已自行承担维修费用,则制造商应赔偿该维修费用,直至该纠正措施所需的维修费用。
Article 36 第 36 条
Non-compliant EU type-approval
不符合欧盟型式批准
1. Where an approval authority finds that an EU type-approval that has been granted by the approval authority of another Member State is not in compliance with this Regulation, it shall refuse to recognise that approval.
如果一个批准机构发现另一个成员国批准机构授予的欧盟型式批准不符合本法规,它应拒绝承认该批准。
2. The approval authority shall notify its refusal to the approval authority that granted the EU type-approval, to the approval authorities of the other Member States, and to the Commission. Where within 1 month of the notification, the non-compliance of the EU type-approval is confirmed by the approval authority that granted the EU type-approval, that approval authority shall withdraw the EU type-approval.
2. 审批机构应通知授予欧盟型式批准的审批机构、其他成员国的审批机构和委员会其拒绝决定。如果在通知后 1 个月内,授予欧盟型式批准的审批机构确认了欧盟型式批准的不符合性,该审批机构应撤回欧盟型式批准。
3. Where, within 1 month of the notification referred to in paragraph 2, an objection has been raised by the approval authority that granted the EU type-approval, the Commission shall consult the Member States without delay, in particular the approval authority that granted the EU type-approval and the relevant economic operator.
3. 在收到第 2 段所述通知后的 1 个月内,如果欧盟型式批准的批准机构提出了异议,委员会应立即与成员国协商,特别是授予欧盟型式批准的批准机构和相关经济运营商。
4. On the basis of the consultation referred to in paragraph 3 of this Article, the Commission shall adopt implementing acts to decide if the refusal of recognition of the EU type-approval referred to in paragraph 1 of this Article is justified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
基于本条第三段所述的咨询,委员会应采取实施措施,决定本条第一款所述的拒绝承认欧盟型式批准是否有正当理由。这些实施措施应根据《第 49(2)条》所述的审查程序采用。
The Commission shall immediately communicate the decision referred to in the first subparagraph of this paragraph to the relevant economic operators. The Member States shall implement such acts without delay and shall inform the Commission accordingly.
委员会应立即将本段第一小段所指的决定通知相关经济运营商。成员国应立即执行此类行为,并据此通知委员会。
5. Where the Commission establishes that an EU type-approval that has been granted is not in compliance with this Regulation, it shall consult the Member States without delay, in particular the approval authority that granted the EU type-approval and the relevant economic operator.
5. 当委员会确定已授予的欧盟型式批准不符合本法规时,应立即与成员国协商,特别是授予欧盟型式批准的批准机构和相关经济运营商。
On the basis of consultations referred to in the first subparagraph of this paragraph the Commission shall adopt an implementing act to decide on the refusal of the recognition of EU type-approval referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).
基于本段第一小段所述的协商,委员会应采取实施措施,决定拒绝承认本条第一款所述的欧盟型式批准。这些实施措施应根据第 49(2)条所述的审查程序采用。
6. Articles 33, 34 and 35 apply to non-road mobile machinery that is the subject of a non-compliant EU type-approval and that has already been made available on the market.
第六条 适用于不符合欧盟型式批准的非道路移动机械,且已投放市场。
CHAPTER XI 第十一章
PROVISION OF TECHNICAL INFORMATION
提供技术信息
Article 37 第 37 条
Information intended for users
用户信息
1. The manufacturer shall not supply any technical information related to the particulars provided for in this Regulation which diverges from the particulars approved by the approval authority.
制造商不得提供任何与本法规规定的具体内容相关的技术信息,该信息与批准机构批准的具体内容不一致。
2. The manufacturer shall make available to users all relevant information and necessary instructions describing any conditions or restrictions linked to the use of non-road mobile machinery. The approval authorities shall provide indications on the minimum information and instructions that need to be made available.
2. 制造商应向用户提供所有相关信息和必要说明,描述与使用非道路移动机械相关的任何条件或限制。批准机构应提供关于需要提供的最小信息和说明的指示。
3. The information referred to in paragraph 2 shall be provided in addition to the operator’s manual specific for road use.
3. 第 2 段提到的信息应作为道路使用专用操作手册的补充提供。
4. The operator’s manual specific for road use, including the information referred to in paragraph 2, shall be made available with the non-road mobile machinery and supplied:
4. 适用于道路使用的操作手册,包括第 2 段提到的信息,应与公路移动机械一起提供:
(a) (a) |
in the official languages of the Member State where the non-road mobile machinery is to be placed on the market, registered or entered into service; and |
(b) (b) |
in paper format or in an easily accessible electronic format. |
When the operator’s manual is provided in an electronic format, the manufacturer shall provide information on how to access or find that manual, in the official languages of the Member State where the non-road mobile machinery is to be placed on the market, registered or entered into service.
当操作手册以电子格式提供时,制造商应提供关于如何访问或找到该手册的信息,以成员国官方语言为准,该非道路移动机械将在其市场上投放、注册或投入使用。
CHAPTER XII 第十二章
DESIGNATION AND NOTIFICATION OF TECHNICAL SERVICES
技术服务的名称和通知
Article 38 第三十八条
Requirements relating to technical services
技术服务相关要求
1. Approval authorities shall ensure that before they designate a technical service pursuant to Article 40, that service meets the requirements laid down in paragraphs 2 to 10 of this Article.
批准当局应确保在根据第 40 条指定技术服务之前,该服务符合本条第 2 至 10 款规定的各项要求。
2. A technical service shall be established under national law and have legal personality except for a technical service belonging to an approval authority and except for an accredited in-house technical service of the manufacturer, as referred to in Article 41.
2. 根据国家法律设立技术服务机构,并具有法人资格,但根据第 41 条所述,属于批准机构的技术服务以及制造商认可的内部技术服务除外。
3. A technical service shall be a third-party body independent of the process of design, manufacturing, supply or maintenance of the non-road mobile machinery it assesses.
3. 技术服务应是一个独立于其评估的非道路移动机械设计、制造、供应或维护过程的第三方机构。
A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of non-road mobile machinery which it assesses, tests or inspects may, provided that its independence and the absence of any conflict of interest are demonstrated, be considered as fulfilling the requirements of the first subparagraph.
一个属于代表参与非道路移动机械设计、制造、供应、组装、使用或维护的企业协会或专业联合会的实体,如果它能证明其独立性和不存在任何利益冲突,则可被视为满足第一段的规定要求。
4. A technical service, its top-level management and the personnel responsible for carrying out the categories of activities for which they are designated in accordance with Article 40(1) shall not be the designer, manufacturer, supplier or maintainer of the non-road mobile machinery which they assess, nor represent parties engaged in those activities. This shall not preclude the use of assessed non-road mobile machinery referred to in paragraph 3 that are necessary for the operation of the technical service or the use of such non-road mobile machinery for personal purposes.
4. 技术服务、其最高管理层以及负责执行根据第 40 条第 1 款指定的活动类别的人员,不得是评估的非道路移动机械的设计师、制造商、供应商或维护者,也不得代表参与这些活动的一方。这不妨碍使用第 3 款所述的评估非道路移动机械,这些机械对于技术服务或个人目的的运行是必要的。
5. A technical service shall ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of the categories of activities for which it has been designated.
5. 技术服务应确保其子公司或分包商的活动不影响其被指定类别的活动的保密性、客观性或公正性。
6. A technical service and its personnel shall be independent and carry out the categories of activities for which it has been designated with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their assessment activities, especially such pressures or inducements emanating from persons or groups of persons with an interest in the results of those activities.
6. 技术服务及其人员应独立,并以最高程度的专业诚信和特定领域的必要技术能力执行其被指定的活动类别,并且应免受所有可能影响其判断或评估活动结果的压力和诱惑,尤其是财务方面的,尤其是来自对那些活动结果有利益的人或人群的压力或诱惑。
7. A technical service shall be capable of carrying out all the categories of activities for which it has been designated in accordance with Article 40(1), by demonstrating to the satisfaction of its designating approval authority, that it has:
7. 技术服务应能够按照第 40(1)条的规定执行其被指定的所有活动类别,通过向其指定批准机构证明,它具有:
(a) (a) |
personnel with appropriate skills, specific technical knowledge and vocational training as well as sufficient and appropriate experience to perform the task; |
(b) (b) |
descriptions of the procedures relevant for the categories of activities for which it is seeking to be designated, ensuring the transparency and reproducibility of those procedures; |
(c) (c) |
procedures for the performance of the categories of activities for which it is seeking to be designated which take due account of the degree of complexity of the technology of the non-road mobile machinery in question, and the mass or serial nature of the production process; and |
(d) (d) |
means necessary to perform in an appropriate manner the tasks connected with the categories of activities for which it is seeking to be designated and that it has access to all necessary equipment or facilities. |
In addition, it shall demonstrate to the designating approval authority its compliance with the rules laid down in the delegated acts referred to in Article 44 which are relevant for the categories of activities for which it is designated.
此外,它还应向指定批准当局证明其符合第 44 条所述委托行为中规定的规则,这些规则与其指定的活动类别相关。
8. The technical services, their top-level management and the assessment personnel shall be impartial. They shall not engage in any activity that may be in conflict with their independence of judgment or integrity in relation to the categories of activities for which they are designated.
8. 技术服务、其最高管理层和评估人员应保持公正。他们不得参与可能与其判断独立性或与被指定活动类别相关的诚信有关的任何活动。
9. Technical services shall take out liability insurance related to their activities unless liability is assumed by the Member State in accordance with their national law, or the Member State itself is directly responsible for the conformity assessment.
第九条 技术服务应为其活动投保相关责任保险,除非根据其国内法,责任由成员国承担,或者成员国本身直接负责符合性评估。
10. The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation or any provision of national law giving effect to it, except in relation to the designating approval authority or where required by Union or national law. Proprietary rights shall be protected.
第十条 技术服务人员应遵守职业保密,对根据本规定或任何实施本规定的国家法律获得的所有信息保密,但涉及指定批准机构或根据联盟或国家法律要求的情况除外。应保护专有权利。
Article 39 文章 39
Subsidiaries of and subcontracting by technical services
子公司及技术服务分包
1. Technical services may subcontract some of their activities for which they have been designated in accordance with Article 40(1), or have those activities carried out by a subsidiary, only with the agreement of their designating approval authority.
技术服务机构只能根据第 40(1)条指定的活动进行分包,或者经其指定审批机构的同意,由子公司执行这些活动。
2. Where a technical service subcontracts specific tasks connected with the categories of activities for which it has been designated or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meet the requirements set out in Article 38 and shall inform the designating approval authority accordingly.
2. 技术服务将特定任务分包给其指定的活动类别或其附属机构时,应确保分包商或附属机构符合第 38 条规定的条件,并应相应地通知指定批准机构。
3. Technical services shall take full responsibility for the tasks performed by any of their subcontractors or subsidiaries, wherever they are established.
3. 技术服务应对其所有分包商或子公司在任何地点执行的任务承担全部责任。
4. Technical services shall keep at the disposal of the designating approval authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them.
4. 技术服务应将有关评估分包商或子公司资质及其执行任务的文件保留在指定审批机构的支配之下。
Article 40 第四十条
Designation of technical services
技术服务名称
1. Technical services shall be designated for one or more of the following categories of activities, depending on their field of competence:
技术服务应指定用于以下一个或多个活动类别,具体取决于其专业领域:
(a) (a) |
category A: technical services that carry out the tests referred to in this Regulation in their own facilities; |
(b) (b) |
category B: technical services that supervise the tests referred to in this Regulation, where such tests are performed in the manufacturer’s facilities or in the facilities of a third party; |
(c) (c) |
category C: technical services that assess and monitor on a regular basis the manufacturer’s procedures for controlling conformity of production; |
(d) (d) |
category D: technical services that supervise or perform tests or inspections for the surveillance of conformity of production. |
2. An approval authority may be designated as a technical service for one or more of the activities referred to in paragraph 1.
2. 审批权限可以指定为第 1 段所述一项或多项活动的技术服务。
3. Technical services of a third country, other than those designated in accordance with Article 41, may be notified for the purposes of Article 44, but only if such an acceptance of technical services is provided for by a bilateral agreement between the Union and the third country concerned. This shall not prevent a technical service, established under national law in accordance with Article 38(2), from establishing subsidiaries in third countries, provided that the subsidiaries are directly managed and controlled by the designated technical service.
第三国技术服务,但非根据第 41 条指定的技术服务,可通知用于第 44 条目的,但仅当此类技术服务接受由联盟与相关第三国之间的双边协议规定时。这不妨碍根据第 38 条第 2 款在国家法律下设立的技术服务在第三国设立子公司,只要子公司由指定的技术服务直接管理和控制。
Article 41 第四十一条
Accredited in-house technical services of the manufacturer
制造商认可的内部技术服务
1. An accredited in-house technical service of a manufacturer may be designated only for carrying out activities under category A, as referred to in Article 40(1), point (a). That technical service shall constitute a separate and distinct part of the undertaking and shall not be involved in the design, manufacturing, supply or maintenance of the non-road mobile machinery, systems, components or separate technical units it assesses.
认证的内部技术服务只能指定用于执行第 40(1)款第(a)项所述类别 A 的活动。该技术服务应构成企业的一个独立且不同的部分,并且不应涉及其评估的非道路移动机械、系统、组件或单独的技术单位的设计、制造、供应或维护。
2. An accredited in-house technical service shall be designated by the approval authority of a Member State and meet the following requirements:
2. 成员国的批准机构应指定一家认可的内部技术服务机构,并满足以下要求:
(a) (a) |
the accredited in-house technical service shall be accredited by a national accreditation body as defined in Article 2, point (11), of Regulation (EC) No 765/2008 of the European Parliament and of the Council (16) and in accordance with the rules referred to in Article 42 of this Regulation; |
(b) (b) |
the accredited in-house technical service and its personnel shall be organisationally identifiable and have reporting methods within the undertaking of which they form part which ensure their impartiality and demonstrate it to the relevant national accreditation body; |
(c) (c) |
neither the accredited in-house technical service nor its personnel shall engage in any activity that might conflict with their independence of judgment or integrity in relation to the categories of activities for which they have been designated; |
(d) (d) |
the accredited in-house technical service shall supply its services exclusively to the undertaking of which it forms part. |
3. An accredited in-house technical service need not be notified to the Commission for the purposes of Article 44, but information concerning its accreditation shall be given by the undertaking of which it forms part or by the national accreditation body to the designating approval authority at the request of that authority.
3. 获准的内部技术服务机构无需通知委员会以符合第 44 条,但其认证信息应由构成该机构的实体或国家认证机构在授权机构的要求下提供给指定批准机构。
Article 42 第四十二条
Rules for the assessment of technical services and accredited in-house technical services
技术服务和内部认可技术服务评估规则
The Commission is empowered to adopt delegated acts in accordance with Article 50 which supplement this Regulation by setting out the rules with which the technical services have to comply for their assessment in accordance with Article 43 and the accreditation of in-house technical services in accordance with Article 41.
委员会有权根据第 50 条采取委托法规,通过规定技术服务在根据第 43 条进行评估以及根据第 41 条进行内部技术服务认证时必须遵守的规则,来补充本法规。
Article 43 第 43 条
Assessment of the skills of the technical services
技术服务技能评估
1. The designating approval authority shall draw up an assessment report demonstrating that the candidate technical service and, where relevant, any subsidiary or subcontractor, has been assessed for its compliance with the requirements laid down in this Regulation and the delegated acts adopted pursuant to this Regulation. That report may include a certificate of accreditation issued by an accreditation body.
指定批准权限的机构应编制一份评估报告,证明候选技术服务以及相关情况下任何子公司或分包商已根据本法规及其依据本法规通过的委托法规进行了评估,以符合其要求。该报告可能包括由认证机构颁发的认证证书。
2. The assessment on which the report referred to in paragraph 1 is based shall be conducted in accordance with the rules laid down in a delegated act referred to in Article 42. The assessment report shall be reviewed at least every 3 years.
本报告所提及的评估应根据第 42 条所述的委托法规的规定进行。评估报告应至少每 3 年审查一次。
3. The assessment report shall be communicated to the Commission upon request. In such cases, where the assessment is not based on an accreditation certificate issued by a national accreditation body attesting that the technical service fulfils the requirements laid down in this Regulation, the designating approval authority shall provide the Commission with documentary evidence which attests the technical service’s competence and the arrangements in place to ensure that the technical service is monitored regularly by the designating approval authority and satisfies the requirements laid down in this Regulation and the acts adopted pursuant to this Regulation.
3. 评估报告应根据要求通报给委员会。在这种情况下,如果评估不是基于由国家认证机构颁发的认证证书,证明技术服务符合本法规规定的条件,则指定批准机构应向委员会提供证明技术服务能力的文件证据,以及确保技术服务定期由指定批准机构进行监督并满足本法规和根据本法规通过的法规的要求的安排。
4. The approval authority that intends to be designated as a technical service in accordance with Article 40(2) shall document compliance through an assessment conducted by auditors independent of the activity being assessed. Such auditors may be from the same organisation provided that they are managed separately from personnel undertaking the assessed activity.
4. 拟根据第 40 条第 2 款指定为技术服务机构的批准机构,应通过由独立于被评估活动的审计员进行的评估来证明其符合性。这些审计员可以来自同一组织,前提是他们与从事被评估活动的个人分开管理。
5. An accredited in-house technical service shall comply with the relevant provisions of this Article.
5. 认证的内部技术服务应遵守本条的相关规定。
Article 44 第四十四条
Procedures for notification
通知程序
1. Member States shall notify the Commission of the name, postal and email addresses, responsible persons and category of activities of each technical service they have designated, as well as any subsequent modifications to those designations. That notification shall state for which elements listed in Article 16(2) or any other element specified in delegated acts referred to in the second subparagraph of that paragraph the technical services have been designated.
成员国应通知委员会其指定的每个技术服务的名称、邮政和电子邮件地址、负责人和活动类别,以及这些指定所做的任何后续修改。该通知应说明为何将技术服务指定为第 16 条第 2 款或该段第二小段所述委托法规中规定的任何其他要素。
2. A technical service may conduct the activities referred to in Article 40(1) on behalf of the designating approval authority responsible for the type-approval only if it has been notified beforehand to the Commission in accordance with paragraph 1 of this Article.
2. 技术服务仅当事先根据本条第 1 款通知委员会时,才能代表负责型式批准的指定批准机构执行第 40(1)条所指的活动。
3. The technical service referred to in paragraph 2 may be designated by several designating approval authorities and notified by the Member States of those designating approval authorities irrespective of the category or categories of activities it will conduct in accordance with Article 40(1).
3. 第二段中提到的技术服务可以由多个指定批准机构指定,并且无论其根据第 40(1)条将开展的活动类别或类别如何,成员国都应通知这些指定批准机构。
4. Member States shall notify the Commission of any subsequent relevant changes to the designation.
4. 成员国应通知委员会关于指定任何后续相关变更。
5. Where a specific organisation or competent body carrying out an activity not included in those referred to in Article 40(1), needs to be designated in accordance with the acts adopted pursuant to this Regulation, the notification shall be made in accordance with this Article.
5. 当一个特定组织或有权执行未列入第 40(1)条所提及活动的机构,需要根据本法规通过的法规指定时,应按照本条进行通知。
6. The Commission shall publish on its website a list and details of the technical services notified in accordance with this Article.
6. 委员会应在其网站上公布根据本条通知的技术服务的清单和详情。
Article 45 第 45 条
Changes to designations 名称变更
1. Where an approval authority has ascertained or has been informed that a technical service designated by it no longer meets the requirements laid down in this Regulation, or that it is failing to fulfil its obligations, the designating approval authority shall restrict, suspend or withdraw the designation as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations, and inform that technical service thereof. The Member State that has notified that technical service shall immediately inform the Commission accordingly. The Commission shall modify the information published referred to in Article 44(6) accordingly.
1. 当审批机构确认或被告知其指定的技术服务不再符合本法规规定的标准,或者未能履行其义务时,该指定审批机构应根据未满足这些要求或履行这些义务的严重程度,相应地限制、暂停或撤销指定,并通知该技术服务。已通知该技术服务的成员国应立即通知委员会。委员会应相应修改根据第 44(6)条提及的已发布信息。
2. In the event of restriction, suspension or withdrawal of the designation, or where the technical service has ceased its activity, the designating approval authority shall take appropriate steps to ensure that the files of that technical service are either processed by another technical service or kept available for the designating approval authority or for the market surveillance authorities at their request.
2. 如遇指定限制、暂停或撤回,或技术服务停止活动,指定批准机构应采取适当措施,确保该技术服务档案由另一技术服务处理,或根据其要求由指定批准机构或市场监督机构保留。
Article 46 第 46 条
Challenge to the competence of technical services
对技术服务能力的挑战
1. The Commission shall investigate all cases where it has doubts, or doubt is brought to its attention, regarding the competence of a technical service or the continued fulfilment by a technical service of the requirements and responsibilities to which it is subject.
委员会应调查所有对其有疑问或对其提出疑问的情况,涉及技术服务的能力或技术服务继续履行其应承担的要求和责任。
2. The Member State of the designating approval authority shall provide the Commission, on request, with all information relating to the basis for the designation or the maintenance of the designation of the technical service concerned.
2. 设定批准权限的成员国应应委员会要求,提供有关指定或维持相关技术服务指定依据的所有信息。
3. The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
3. 委员会应确保其在调查过程中获得的所有敏感信息得到保密处理。
4. Where the Commission ascertains that a technical service does not comply or no longer complies with the requirements for its designation, it shall inform the Member State of the designating approval authority accordingly.
4. 当委员会确定一项技术服务不符合或不再符合其指定的要求时,应相应地通知指定批准权的成员国。
The Commission shall request that Member State to restrict, suspend or withdraw the designation, where necessary.
委员会应要求成员国在必要时限制、暂停或撤回指定。
Where a Member State fails to take the necessary corrective measures, the Commission may 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 49(2). The Commission shall notify the Member State concerned of those implementing acts and shall update the information published referred to in Article 44(6) accordingly.
成员国如未采取必要的纠正措施,委员会可采取实施法案决定限制、暂停或撤回相关技术服务指定。这些实施法案应根据第 49(2)条所述的审查程序通过。委员会应通知相关成员国这些实施法案,并相应更新第 44(6)条所指公布的信息。
Article 47 第 47 条
Operational obligations of technical services
技术服务运营义务
1. Technical services shall carry out the categories of activities for which they have been designated on behalf of the designating approval authority and in accordance with the assessment and test procedures provided for in this Regulation.
技术服务应执行指定审批机构指定的活动类别,并按照本规定规定的评估和测试程序进行。
2. Technical services shall supervise or shall themselves carry out the tests required for approval or inspections as set out in this Regulation. The technical services shall not conduct tests, assessments or inspections for which they have not been duly designated by their approval authority.
2. 技术服务应监督或自行执行本规定规定的批准或检查所需的测试。技术服务不得进行其批准机构未正式指定的测试、评估或检查。
3. Technical services shall at all times:
3. 技术服务应始终:
(a) (a) |
allow their designating approval authority to witness the technical service during the conformity assessment as appropriate; and |
(b) (b) |
without prejudice to Article 38(10) and Article 48, provide their designating approval authority with information on their categories of activities falling under the scope of this Regulation as may be requested. |
4. Where a technical service finds that requirements laid down in this Regulation have not been met by a manufacturer, it shall report this to the designating approval authority so that the designating approval authority requires the manufacturer to take appropriate corrective measures and subsequently refrain from issuing an EU type-approval certificate unless the appropriate corrective measures have been taken to the satisfaction of the approval authority.
4. 技术服务如发现制造商未满足本法规规定的要求数据,应向指定批准机构报告,以便指定批准机构要求制造商采取适当的纠正措施,并在适当纠正措施得到批准机构满意后,不得颁发欧盟型式批准证书。
5. Where, in the course of monitoring the conformity of production following the issuance of an EU type-approval certificate, a technical service acting on behalf of the designating approval authority finds that non-road mobile machinery is no longer in conformity with this Regulation, it shall report that finding to the designating approval authority. The approval authority shall take the appropriate measures as provided for in Article 23.
5. 在对欧盟型式批准证书颁发后的生产一致性进行监控过程中,如指定批准机构的技术服务发现非道路移动机械不再符合本法规,则应向指定批准机构报告该发现。批准机构应采取第 23 条规定的适当措施。
Article 48 第 48 条
Information obligations of technical services
技术服务的信息义务
1. Technical services shall inform their designating approval authority of the following:
技术服务应通知其指定审批机构以下内容:
(a) (a) |
any non-conformity encountered which may require a refusal, restriction, suspension or withdrawal of an EU type-approval certificate; |
(b) (b) |
any circumstances affecting the scope of, and conditions for, their designation; |
(c) (c) |
any request for information which they have received from market surveillance authorities regarding their activities. |
2. On request from their designating approval authority, technical services shall provide information on the activities within the scope of their designation and on any other activity performed, including cross-border activities and subcontracting.
根据指定审批机构的请求,技术服务应提供其指定范围内的活动信息以及任何其他活动信息,包括跨境活动和分包。
CHAPTER XIII 第十三章
IMPLEMENTING ACTS AND DELEGATED ACTS
实施法规和委托法规
Article 49 第 49 条
Committee procedure 委员会程序
1. The Commission shall be assisted by the Technical Committee – Agricultural Vehicles (TC-AV), established by Regulation (EU) No 167/2013. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
委员会将由根据(欧盟)第 167/2013 号法规设立的农业车辆技术委员会(TC-AV)协助。该委员会应被视为(欧盟)第 182/2011 号法规所指的委员会。
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
2. 本段提及之处,适用《欧盟条例》(EU)第 182/2011 号第 5 条。
3. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.
3. 当委员会未提出意见时,委员会不得通过实施法案,并且应适用《欧盟条例》(EU)第 182/2011 号第 5 条第 4 款第三段。
Article 50 第 50 条
Exercise of the delegation
代表团的锻炼
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
1. 根据本条规定的条件,授权委员会采取委托行为的权力。
2. The power to adopt delegated acts referred to in Article 5(6), Article 16(2), Article 22(9), Article 23(6) and Article 42 shall be conferred on the Commission for a period of 5 years from 28 January 2025. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of that 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.
2. 第 5 条第 6 款、第 16 条第 2 款、第 22 条第 9 款、第 23 条第 6 款和第 42 条所指的采取委托行为的权力应授予委员会,有效期自 2025 年 1 月 28 日起 5 年。委员会应在 5 年期限结束前不超过 9 个月内编制一份关于权力委托的报告。权力委托应自动延长相同期限,除非欧洲议会或理事会在该期限结束前不超过 3 个月反对此类延长。
3. The delegation of power referred to in Article 5(6), Article 16(2), Article 22(9), Article 23(6) and Article 42 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
第 5 条第 6 款、第 16 条第 2 款、第 22 条第 9 款、第 23 条第 6 款和第 42 条所指的权力委托可随时由欧洲议会或理事会撤销。撤销决定应终止该决定中规定的权力委托。该决定自欧洲联盟官方期刊公布之日起或根据其中规定的更晚日期生效。它不影响已生效的任何委托行为的有效性。
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
4. 在采用委托法案之前,委员会应按照 2016 年 4 月 13 日关于更好地制定法律的机构间协议所规定的原则,咨询每个成员国指定的专家。
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. 一旦它采用一项委托法案,委员会应同时通知欧洲议会和理事会。
6. A delegated act adopted pursuant to Article 5(6), Article 16(2), Article 22(9), Article 23(6) or Article 42 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
第六条根据第五条第六款、第十六条第二款、第二十二条第九款、第二十三条第六款或第四十二条通过的委托行为,只有在欧洲议会或理事会未在通知该行为后的两个月内提出异议,或者在该期限届满前,欧洲议会和理事会均已通知委员会他们不会提出异议的情况下,方始生效。该期限可由欧洲议会或理事会的主动倡议延长两个月。
7. The Commission shall adopt delegated acts as referred to in Article 5(6), Article 16(2), Article 22(9), Article 23(6) and Article 42 before 29 January 2027.
7. 委员会应在 2027 年 1 月 29 日之前通过第 5 条第 6 款、第 16 条第 2 款、第 22 条第 9 款、第 23 条第 6 款和第 42 条所指的委托法案。
CHAPTER XIV 第十四章
FINAL PROVISIONS 最终条款
Article 51 第五十一条
Amendment to Regulation (EU) 2019/1020
欧盟 2019/1020 法规修正案
In Annex I to Regulation (EU) 2019/1020, the following point is added:
在《欧盟条例》(EU)2019/1020 的附件 I 中,增加以下内容:
‘72. 72. |
Regulation (EU) 2025/14 of the European Parliament and of the Council of 19 December 2024 on the approval and market surveillance of non-road mobile machinery circulating on public roads and amending Regulation (EU) 2019/1020 (OJ L, 2025/14, 8.1.2025, ELI: http://data.europa.eu/eli/reg/2025/14/oj).’ |
Article 52 第五十二条
Forum for Exchange of Information on Enforcement
执法信息交流论坛
1. The Forum for Exchange of Information on Enforcement (‘the Forum’) established by the Commission in accordance with Article 11 of Regulation (EU) 2018/858 shall consider:
1. 根据欧盟法规(EU)2018/858 第 11 条,由委员会设立的执法信息交流论坛(“该论坛”)应考虑:
(a) (a) |
matters related to the uniform interpretation of the requirements laid down in this Regulation; |
(b) (b) |
the results of the activities relating to type-approval and market surveillance; |
(c) (c) |
matters of general relevance with regard to the implementation of the requirements laid down in this Regulation in relation to the assessment, designation and monitoring of technical services; |
(d) (d) |
infringements by economic operators; |
(e) (e) |
implementation of the corrective or restrictive measures laid down in Chapter X; |
(f) (f) |
the planning, coordination and results of market surveillance activities. |
2. Article 11(1), (4), (5), (6) and (7) of Regulation (EU) 2018/858 shall apply mutatis mutandis. Whenever relevant for the purpose of the implementation of this Regulation, stakeholders involved in safety matters related to road circulation shall be invited as observers to the Forum.
第 2 条(欧盟)2018/858 号法规的第 11 条第(1)、(4)、(5)、(6)和(7)款应相应适用。在实施本法规目的的相关情况下,应邀请与道路通行安全相关事宜的各方作为观察员参加论坛。
3. For the purposes of this Regulation:
3. 本规定的目的:
(a) (a) |
Articles 30(2) and 32 of Regulation (EU) 2019/1020 shall not apply; |
(b) (b) |
references to ‘ADCO’, in Articles 11(8), 30(1) and (3), 31(2) and 33 of Regulation (EU) 2019/1020, shall be read as references to the Forum. |
Article 53 第五十三条
Penalties 罚金
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by 28 January 2028, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
成员国应制定适用于违反本法规的处罚规则,并采取一切必要措施确保其执行。规定的处罚应有效、成比例且具有威慑力。成员国应于 2028 年 1 月 28 日之前通知委员会这些规则和措施,并应立即通知委员会对其产生影响的任何后续修正。
2. The types of infringements which are subject to penalties shall include:
2. 受处罚的侵权类型应包括:
(a) (a) |
making false declarations during approval procedures or while corrective or restrictive measures are imposed in accordance with Chapter X; |
(b) (b) |
falsifying test results for EU type-approval, for in-service conformity or for market surveillance; |
(c) (c) |
withholding data or technical specifications which could lead to recall, refusal or withdrawal of the EU type-approval certificate; |
(d) (d) |
refusal to provide access to information; |
(e) (e) |
economic operators making available on the market or entering into service non-road mobile machinery subject to approval without such approval or falsifying documents or markings with that intention; |
(f) (f) |
economic operators not fulfilling their obligations; |
(g) (g) |
non-compliance by technical services in respect of the requirements for their designation. |
Article 54 第五十四条
Review 回顾
1. By 29 January 2033, 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.
截至 2033 年 1 月 29 日,委员会应向欧洲议会和理事会提交关于本法规实施情况的报告,并附上适当的立法提案。
2. The report shall be based on a consultation of relevant stakeholders and shall take into account any related European or international standards and the information referred to in paragraph 3.
本报告应根据相关利益相关者的协商制定,并应考虑任何相关的欧洲或国际标准以及第 3 段中提到的信息。
3. By 29 January 2032, Member States shall inform the Commission of the following:
截至 2032 年 1 月 29 日,成员国应通知委员会以下内容:
(a) (a) |
the application of the type-approval and market surveillance procedures laid down in this Regulation; |
(b) (b) |
the number of EU type-approvals and EU individual approvals granted pursuant to this Regulation; |
(c) (c) |
the national requirements for national small series type-approval, national individual approval and national type-approval, and the number of such approvals granted since 28 January 2025. |
Article 55 第五十五条
Transitional provisions 过渡条款
By way of derogation from this Regulation, until 29 January 2036, Member States may apply any national law on national type-approval of non-road mobile machinery for circulation on public roads to non-road mobile machinery that is placed on the market between 29 January 2028 and 29 January 2036. During that period, the manufacturer may choose to apply for EU type-approval, to apply for EU individual approval or to comply with relevant national law.
根据本规定的例外,至 2036 年 1 月 29 日,成员国可以对 2028 年 1 月 29 日至 2036 年 1 月 29 日期间投放市场的非道路移动机械适用任何国内国家型式批准法规,以在公共道路上流通。在此期间,制造商可以选择申请欧盟型式批准,申请欧盟个别批准或遵守相关国内法律。
Article 56 第五十六条
Entry into force and application
生效与适用
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
本规定自公布于欧洲联盟官方公报之日起第二十天生效。
From 28 January 2025, national authorities may grant EU type-approval for a new type of non-road mobile machinery or EU individual approval for new non-road mobile machinery and shall not, without prejudice to Article 5(6) and Chapter X, prohibit registration, placing on the market or entry into service of new non-road mobile machinery where the non-road mobile machinery concerned is in compliance with this Regulation and with the delegated and implementing acts adopted pursuant to this Regulation, if a manufacturer so requests.
从 2025 年 1 月 28 日起,国家当局可授予欧盟型式批准给一种新的非道路移动机械或欧盟个别批准给新的非道路移动机械,且在不损害第 5 条第 6 款和第 X 章的情况下,不得禁止符合本法规以及根据本法规通过的委托和实施法规的非道路移动机械的注册、上市或投入使用,如果制造商提出请求。
As soon as national authorities have granted EU type-approval for a new type of non-road mobile machinery or EU individual approval for new non-road mobile machinery pursuant to the second paragraph, such national authorities shall not refuse to grant other EU type-approval or other EU individual approval when it is in compliance with this Regulation and with the delegated and implementing acts adopted pursuant to this Regulation, if a manufacturer so requests.
一旦国家当局根据第二段授予了新型非道路移动机械的欧盟型式批准或根据第二段授予了新型非道路移动机械的欧盟个别批准,如果制造商提出请求,此类国家当局不得拒绝根据本法规和根据本法规通过的委托和实施法案授予其他欧盟型式批准或其他欧盟个别批准。
This Regulation shall apply from 29 January 2028.
本规定自 2028 年 1 月 29 日起生效。
This Regulation shall be binding in its entirety and directly applicable in all Member States.
本规定适用于所有成员国,其全部内容具有约束力,并直接适用。
Done at Brussels, 19 December 2024.
完成于布鲁塞尔,2024 年 12 月 19 日。
For the European Parliament
欧洲议会
The President 总统
R. METSOLA
For the Council 为委员会
The President 总统
BÓKA J. 博卡·J.
(1)
OJ C 293, 18.8.2023, p. 142.
(1)OJ C 293,2023 年 8 月 18 日,第 142 页。
(2) Position of the European Parliament of 24 April 2024 (not yet published in the Official Journal) and decision of the Council of 16 December 2024.
(2)2024 年 4 月 24 日欧洲议会立场(尚未在官方期刊上发表)和 2024 年 12 月 16 日理事会决定。
(3) Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).
(3) 欧洲议会和理事会 2006 年 5 月 17 日关于机械的指令 2006/42/EC,以及修订指令 95/16/EC(官方公报 L 157,2006 年 6 月 9 日,第 24 页)。
(4) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
(4) 欧洲议会和理事会 2018 年 5 月 30 日颁布的关于批准和市场监管机动车及其挂车、以及为这些车辆设计的系统、组件和独立技术单元的法规(欧盟法规 2018/858),修正欧盟条例第 715/2007 号和第 595/2009 号,并废除 2007/46/EC 指令(官方公报 L 151,2018 年 6 月 14 日,第 1 页)。
(5) Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53).
(5) 欧洲议会和理事会 2016 年 9 月 14 日颁布的关于非道路移动机械内燃机气体和颗粒物排放限值及型式批准要求的法规(欧盟)2016/1628,修正(欧盟)第 1024/2012 号法规和(欧盟)第 167/2013 号法规,并修正和废除指令 97/68/EC(官方公报 L 252,2016 年 9 月 16 日,第 53 页)。
(6) Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (OJ L 162, 3.7.2000, p. 1).
(6) 欧洲议会和理事会于 2000 年 5 月 8 日颁布的关于协调成员国有关户外设备环境噪声排放的法律的指令 2000/14/EC(官方公报 L 162,2000 年 7 月 3 日,第 1 页)。
(7) Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (OJ L 96, 29.3.2014, p. 79).
(7) 欧洲议会和理事会 2014 年 2 月 26 日关于成员国有关电磁兼容性法律协调的指令 2014/30/EU(官方公报 L 96,2014 年 3 月 29 日,第 79 页)。
(8) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
(8) 欧洲议会和理事会 2014 年 4 月 16 日关于成员国有关无线电设备上市的法律协调以及废除 1999/5/EC 指令(官方公报 L 153,2014 年 5 月 22 日,第 62 页)的指令 2014/53/EU。
(9) Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (OJ L 165, 29.6.2023, p. 1).
(9) 欧洲议会和理事会 2023 年 6 月 14 日关于机械的法规(EU)2023/1230,以及废除欧洲议会和理事会指令 2006/42/EC 以及理事会指令 73/361/EEC(官方公报 L 165,2023 年 6 月 29 日,第 1 页)。
(10) Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).
(10) 欧洲议会和理事会 2013 年 2 月 5 日颁布的关于批准和市场监管农业和林业车辆的法规(欧盟法规第 167/2013 号)(官方公报 L 60,2013 年 3 月 2 日,第 1 页)。
(11) Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
(11) 欧洲议会和理事会 2019 年 6 月 20 日关于市场监督和产品合规性以及修订 2004/42/EC 指令和(EC) No 765/2008 法规及(EU) No 305/2011 法规(官方公报 L 169,2019 年 6 月 25 日,第 1 页)。
(12) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(12) 欧洲议会和理事会 2011 年 2 月 16 日颁布的《关于成员国对委员会行使执行权力的控制机制规则和一般原则的条例》(欧盟条例第 182/2011 号)(官方期刊 L 55,2011 年 2 月 28 日,第 13 页)。
(13)
OJ L 123, 12.5.2016, p. 1.
(13)OJ L 123,2016 年 5 月 12 日,第 1 页。
(14) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).
(14) 欧洲议会和理事会 2013 年 1 月 15 日颁布的关于批准和市场监管两轮或三轮车辆及四轮摩托车的法规(欧盟法规第 168/2013 号)(官方期刊 L 60,2013 年 3 月 2 日,第 52 页)。
(15) Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and of the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (OJ L 135, 23.5.2023, p. 1).
(15) 欧洲议会和理事会 2023 年 5 月 10 日关于一般产品安全的规定(欧盟法规 2023/988),修正欧洲议会和理事会法规(欧盟)第 1025/2012 号和指令(欧盟)2020/1828 号,以及废除欧洲议会和理事会指令 2001/95/EC 和理事会指令 87/357/EEC(官方公报 L 135,2023 年 5 月 23 日,第 1 页)。
(16) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(16) 欧洲议会和理事会 2008 年 7 月 9 日颁布的《关于认证要求和废除(欧共体)第 339/93 号法规》(欧洲联盟官方公报 L 218, 2008 年 8 月 13 日,第 30 页)的法规(EC) No 765/2008。
ELI: http://data.europa.eu/eli/reg/2025/14/oj
ISSN 1977-0677 (electronic edition)
ISSN 1977-0677(电子版)