12 Amendments of Stéphanie YON-COURTIN related to 2021/0105(COD)
Amendment 105 #
Proposal for a regulation
Recital 15
Recital 15
(15) Since the purpose of this Regulation is to address the risks stemming from the machinery function and not the transportation function of goods or persons, it should not apply to vehicles which only objective is the merapproved for the transport of goods or persons or animals on road, by air, on water or on rail networks, regardless of the speed limits. However, machinery mounted on such vehicles or mobile machinery intended for facilitating works such as in construction sites or warehouses e.g. dumpers and forklifts, have a machinery function and should therefore be covered by this Regulation. Equally, non-type- approved, off-road and competition vehicles, as well as e-bikes, e-scooters and similar means of transport should be covered by this Regulation. Since agricultural and forestry vehicles and two- or three-wheel vehicles and quadricycles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, fall within the scope of Regulation (EU) No 167/2013 of the European Parliament and of the Council19 and Regulation (EU) No 168/2013 of the European Parliament and of the Council20 respectively, they should be excluded from the scope of this Regulation when approved according to Regulation (EU) No 167/2013 and Regulation (EU) No 168/2013 respectively. __________________ 19 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). 20 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).
Amendment 135 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) non type approved road vehicles including pedal cycles with pedal assistance;
Amendment 153 #
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) agricultural and forestry vehicles, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that fall within the scope of application of Regulation (EU) No 167/2013are approved according to Regulation (EU) No 167/2013, except for machinery mounted on those vehicles;
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) agricultural and forestry vehicletractors, as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles,them that fall within the scope of application of Regulation (EU) No 167/2013;
Amendment 155 #
Proposal for a regulation
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) motor vehicles and their trailers as well as systems, components, separate technical units, parts and equipment designed and constructed for such vehicles, that are approved according to Regulation (EU) No 2018/858, except for machinery mounted on those vehicles;
Amendment 178 #
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘substantial modification’ means a modification of a machinery product, by physical or digital means after that machinery product has been placed on the market or put into service, which is not foreseen by the manufacturer and as a result of whichwhich has the effect of modifying its specific application and may therefore affect the compliance of the machinery product with the relevant essential health and safety requirements may be affected;
Amendment 193 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. High-risk machinery products listed in Annex I shall be subject to a specific conformity assessment procedure, requiring participation of a notified body as referred to in Article 21(2).
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The Commission shall update Annex I before the date referred to Article 52 to ensure relevant machineries are subject to the specific conformity assessment procedure.
Amendment 231 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
A natural or legal person, other than the manufacturer, the importer or the distributor, that carries out a substantial modification of the machinery product in order to put it on the market shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 10 for the part of the machinery product that is affected by the modification or, if the substantial modification has an impact on the safety of the machinery product as a whole, for the entire machinery product.
Amendment 232 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
A natural or legal person, other than the manufacturer, the importer or the distributor, that carries out a substantial modification of the machinery product for its own use shall be considered a manufacturer for the purposes of this Regulation. They shall have the following obligations with regards to the affected part of the machinery product or for the entire machinery product where the substantial modification has an impact on the safety of the machinery product as a whole: (a) to ensure that the modified part and the machinery product remain in conformity with the essential health and safety requirements set out in Annex III; (b) to draw up the technical documentation referred to in Annex IV that relates to the modification carried out, indicating in particular the date of implementation of the modification and the results of the risk assessment carried out in accordance with the general principles and with section 1.1.2 of Annex III. This documentation must be available to the market surveillance authorities for a period of 10 years after the machinery product has been put into service; (c) to carry out the conformity assessment procedure referred to in Article 21 section 3; (d) to ensure that the instructions provided for in Annex III, section 1.7.4 are updated in view of the substantial modification made to the machinery product.
Amendment 268 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The manufacturer of partly completed machinery or the manufacturer’s authorised representative shall, before placing partly completed machinery on the market, ensure that the following documents are drawn up in paper or digital form:
Amendment 313 #
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
It shall apply from … [3024 months after the date of entry into force of this Regulation].