Chapter XII, Article 40 · Regulation (EU) 2025/14

Contents

Article 40Designation of technical services#

1.Technical services shall be designated for one or more of the following categories of activities, depending on their field of competence:

(a)category A: technical services that carry out the tests referred to in this Regulation in their own facilities;

(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)category C: technical services that assess and monitor on a regular basis the manufacturer’s procedures for controlling conformity of production;

(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.

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.

Defined terms · 29

Show every defined term

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;
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;
component
means a device that is intended to be part of non-road mobile machinery that can be type-approved independently of that machinery;
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;
economic operator
means the manufacturer, the manufacturer’s representative for market surveillance, the importer or the distributor;
entry into service
means the first use, for its intended purpose, in the Union, of non-road mobile machinery;
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;
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;
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;
information package
means the information package referred to in Article 20(4);
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;
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;
market surveillance authority
means the authority of a Member State responsible for carrying out market surveillance in the territory of that Member State;
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;
new non-road mobile machinery
means non-road mobile machinery which has never been placed on the market in the Union;
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;
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;
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:
placing on the market
means making available non-road mobile machinery for the first time in the Union;
recall
means any measure aiming to achieve the return of non-road mobile machinery that has already been made available to a user;
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;
seating position
means any location on non-road mobile machinery capable of accommodating one person seated.
separate technical unit
means a device that is intended to be part of non-road mobile machinery that can be type-approved separately;
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;
technical requirements
means the technical requirements listed in Article 16;
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;
variant
means non-road mobile machinery of the same type which does not differ in at least the following aspects, where applicable:
version of a variant
means vehicles which consist of a combination of characteristics shown in the information package;
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;