Proposal for a regulation
Article 5 b (new)
Article 5 b Tasks of the Agency 1. The Agency shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008. 2. The Agency shall organise and carry out tests and inspections of vehicles, systems, components and separate technical units already made available on the market including during production, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals. The Agency shall inspect at least 20% of all type-approved vehicles placed on the European market each year. When doing so, the Agency shall take account of established principles of risk assessment, including complaints, popularity of vehicle models and their parts, third-party testing results, very high or very low fuel economy models, first application of new engine or technology, reports from periodic technical inspections, sampling programmes using remote sensing and other information. 3. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Agency a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Agency that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Agency may require. Those tests and inspections may take place on new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below. Those tests and inspections may also take place on registered vehicles. 4. For the purpose of enabling the Agency to carry out the testing referred to in paragraphs 2 and 3, national market surveillance authorities within the Member States shall make available to the Agency all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. For this purpose the Agency shall create a common secure electronic exchange system in which the type approval authorities shall include all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1). For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the Agency with the type- approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units. 5. The Agency shall require economic operators to make the documentation and information available as it considers necessary for the purpose of carrying out its activities. For the purpose of obtaining information contained in type approvals, the contact for the Agency shall first be the type approval authority which issued the relevant type approval certificate, however if the Agency need more information they have the right to obtain the information from the economic operators. 6. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. The Commission shall adopt delegated acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those delegated acts shall be adopted in accordance with Article 88. 7. For the fulfilment of its tasks, the Agency may ask the responsible national authorities to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. 8. For type-approved vehicles, systems, components and separate technical units, the Agency shall take due account of certificates of conformity presented by economic operators. 9. The Agency shall cooperate with economic operators or manufacturer regarding actions which could prevent or reduce risks caused by vehicles, systems, components and separate technical units made available by those operators or manufacturer. 10. Where the Agency establishes that the vehicles tested or inspected do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall require in accordance with Article 54(8) without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them within a reasonable period of time, depending on the seriousness of the established non- compliance. Where those tests and inspections put into question the correctness of the type approval itself, the Agency shall inform the approval authority or national authorities concerned as well as the Forum for Exchange of Information on Enforcement. 11. Where the Agency decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority. 12. The Agency shall take appropriate measures to alert users within the European Union including the relevant type approval authorities within an adequate timeframe of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. 13. The Agency shall develop, in close corporation with the Member States, an EU wide remote sensing network, to monitor the real world emissions of the car fleet and to identify the excessively polluting vehicles in order to focus in- service conformity checks. 14. The Agency shall coordinate the market surveillance authorities of different Member States and ensure that they cooperate with each other and share with each other and with the Agency the results of their market surveillance activities. Where appropriate, the market surveillance authorities may agree on work-sharing and specialisation. 15. The Agency shall publish annual report on its findings following any compliance verification testing it has carried out. The reports shall be accessible to the public. 16. The Agency shall carry out audits of the approval authorities in accordance with Article 71. 17. The Agency shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union. 18. The Agency's work should be transparent. Effective control by the European Parliament should be ensured and, to this end, the European Parliament should have the possibility of hearing the Executive Director of the Agency. The Agency should also apply the relevant Community legislation concerning public access to documents.