The CE marking may be affixed only to products to which its affixing is provided for by specific Union harmonisation legislation[1].

Two or three-wheel motor vehicles, not intended to travel on public roads and not intended for competitions, are subject to mandatory essential health and safety requirements under the Machinery Directive[2] for the risks of rolling over.

The Machinery Directive prescribes CE marking requirements for roll over protective structures, classified as safety components. It is the manufacturers' responsibility to CE mark such products through a self-certification procedure. This is a non-onerous process ensuring a high level of safety. The Commission does not trace CE marked safety components placed on the EU market.

When two or three-wheel vehicles are used on public roads, they fall under the scope of Regulation (EU) No 168/2013[3] and its delegated act — Regulation (EU) No 3/2014[4] — which set out the requirements for roll over protection for category L7e-B2 (the side-by-side buggy).

The Commission does not at present have scientific data that would indicate a need to expand these requirements to all vehicle categories similar to category L7e-B2 for on-road use. The Commission will monitor this niche market and will consider adapting relevant regulatory requirements, if needed, on the basis of supporting data.

On a voluntary basis, vehicle owners can retrofit their vehicles with these products. However, retrofitting falls under the competence of the Member State in which the vehicle is registered.

Vehicles that are to be approved as agricultural or forestry vehicles have to comply with the requirements set out in Regulation (EU) No 167/2013[5], including as regards roll over protection.

• [1] http://ec.europa.eu/growth/single-market/ce-marking.
• [2] Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery.
• [3] 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.
• [4] HYPERLINK ‘http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0003&from=EN’ Commission delegated regulation (EU) No 3/2014 of 24 October 2013 supplementing Regulation (EU) No 168/2013 of the European Parliament and of the Council with regard to vehicle functional safety requirements for the approval of two‐ or three-wheel vehicles and quadricycles.
• [5] 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.