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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.

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:

(a) the application states the reasons why the technologies or concepts in question are incompatible with the applicable technical requirements;

(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) 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. 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). Where appropriate, that implementing act shall specify whether the authorisation is subject to any restrictions, including a validity period. In all cases, the EU type-approval shall be valid for at least 36 months.

4. Pending the decision on authorisation by the Commission, the approval authority may grant a provisional EU type-approval. 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. 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. 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).

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.

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. 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:

(a) that machinery was manufactured in conformity with the provisional EU type-approval before it ceased to be valid;

(b) that machinery bears the statutory plate with marking, required by this Regulation;

(c) the provisional certificate of conformity accompanies that machinery; and (d) the documents, information and instructions for the user have been drawn up as required by this Regulation.