52 Amendments of Nils TORVALDS related to 2016/0014(COD)
Amendment 49 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) This Regulation sets out provisions for monitoring the compliance of Member States with this Regulation, helping to maintain consumer confidence in vehicles on the market and providing a high level of safety and of health and environmental protection. The Forum for Exchange of Information on Enforcement, established by Member States, monitors with support of the Commission the responsibilities of national authorities by means of regular audits, checks and tests of a sample of the type-approvals issued and verifying the uniform, consistent and effective application of this Regulation.
Amendment 53 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist. This Regulation establishes an Online Type Approval Database, which together with the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council, could provide a useful electronic means to facilitate and enhance administrative cooperation managing the exchange of information on the basis of simple and unified procedures overcoming language barriers.
Amendment 103 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States 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. Member States may decide to carry out joint market surveillance activities for the purposes set out in Article 8.
Amendment 110 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality of the type-approvals issued. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and the Commission and third parties upon request. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 111 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and the Commission and third parties upon request. The Member State concerned shall make a summary of the results accessible to the public, including in particular the vehicles, systems, components or separate technical units that are not in compliance with this Regulation as well as the correctness of the type approvals and the identity of the corresponding approval authorities, manufacturers and vehicle types.
Amendment 119 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Article 7 – paragraph 3 – subparagraph 2
Approval authorities within a Member State shall cooperate with each other by sharingput in place procedures to ensure efficient and effective coordination and information sharing relevant to their role and functions.
Amendment 126 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples, representative for the number of vehicles in the Member States, and selected by the market surveillance authority. When doing so, market surveillance authorities shall take account of established principlescientific principles and protocols of risk assessment, complaints and other information.
Amendment 129 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. For type approved vehicles, market surveillance authorities shall perform the checks set out in the first paragraph on at least 20% of all new models put on the market each year.
Amendment 130 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Market surveillance authorities shall require economic operators to make the documentation and information, including technical specifications, available as they consider necessary for the purpose of carrying out their activities. Market surveillance authorities shall have access to engine control units, software and algorithms.
Amendment 152 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall cooperate with each other, by sharingput in place procedures to ensure efficient and effective coordination and information sharing relevant to their role and functions.
Amendment 154 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission may adopt implementdelegated acts ing actscordance with Article 88, to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 170 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 a (new)
Article 9 – paragraph 3 – subparagraph 2 a (new)
The Member States shall give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out tests, checks and inspections. The Member States ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties.
Amendment 171 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. The Commission shall adopt implementing 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 implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). The Commission may initiate a test or inspection as set out in paragraph 1 after a submission of third party test verification results.
Amendment 179 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Member States shall take appropriate follow-up action in the light of the recommendations included in the report resulting from the compliance verification and, shall upon request verify the functioning and organisation of the competent authorities and investigate important or recurring problems in the Member State.
Amendment 189 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States. Decisions in the Forum shall be taken by simple majority.
Amendment 196 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
Amendment 198 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to lay down the composition, appointment process, detailed tasks, working methods and rules of procedure of the Forum and the standing committee of auditors.
Amendment 199 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Online type approval database 1. The Commission shall establish and maintain an online type approval database, consisting of two different interfaces: the public interface and the compliance interface. 2. The public interface shall contain the information set out in in Annex IX of this Regulation, the test results, testing specifications and the identity of the technical services and type approval authorities involved in the different stages of the type approval, respecting the following requirements: (a) information is offered free of charge; (b) information is offered in a user- friendly manner; (c) information is fully searchable and in a digital format. 3. The compliance interface shall be accessible for Member States, type approval authorities, market surveillance authorities and the Commission and shall contain the information set out in paragraph 2 and the information set out in Annex I and III of this Regulation, respecting the following requirements: (a) strict security arrangements for the safeguarding of confidential information shall be ensured; (b) access rights shall be based on the need-to-know principle; (c) a link shall be provided to the Information and Communication System on Market Surveillance (ICSMS). 4. Type approval authorities shall include in the compliance database the information required in Annex I and III of this Regulation upon issuance or withdrawal of a new type approval, information regarding non-compliance with the requirements of this Regulation, and information regarding any remedy actions foreseen and undertaken. 5. When entering information into the database, type approval authorities shall keep access and editing rights to it. Any changes shall be dated and clearly visible. Data contained in the compliance interface shall be used only for purposes linked to the enforcement for this Regulation, and any acts adopted pursuant thereto, and be prohibited from unintended use. 6. The establishment of the database shall follow criteria that allow for minimising the administrative burden, user-friendliness and cost-effectiveness. The online type approval database does not replace or modify the responsibilities of the market surveillance authorities. 7. To test the suitability of using the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 for the purpose of exchanging information covered by this Article, a pilot project shall be launched by 3 months after the entry into force. 8. The Commission is empowered to adopt delegated acts supplementing this Regulation by specifying the operational details relating to the establishment of online type approval database.
Amendment 200 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. The manufacturer shall demonstrate and declare in writing to the approval authority that the design of vehicles, systems components and separate technical units do not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedures when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 207 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit, including any technical specifications at type approval and access to software and algorithms as requested;
Amendment 219 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include: (a) a documentary check of all requirements covered by an EU type- approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. (b) verification that performance of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated into a whole vehicle. (c) any other check or verification required to prevent non-compliance with this Regulation.
Amendment 223 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) all data, drawings, photographs and other relevant information, including the engine management strategies deployed in different conditions of use;
Amendment 227 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the Commission but may also be supplied in addition on paper.
Amendment 228 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. In the case of application for whole vehicle type-approval, the manufacturer shall provide detailed information, including engineering justification, on any auxiliary engine management strategy used outside of the conditions specified in relevant Union legislative acts and test procedures.
Amendment 240 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by designated technical services, or the relevant national authority or the Commission.
Amendment 249 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. When performing verification testing pursuant to paragraphs 2 and 4 above, an approval authority shall designate a different technical service from the one used during the original type-approval testing.
Amendment 280 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
The Member State mayshall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
Amendment 282 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission mayshall take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 285 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 297 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member States every two yearsaudited by the Forum´s standing committee of auditors every two years in accordance with provisions of Article 10.
Amendment 302 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StateForum´s standing committee of auditors shall draw up the annual plan for the peer-reviewaudits, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.
Amendment 306 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-reviewaudits shall include an on-site visit to aone or more technical services under the responsibility of the reviewed authority. The Commission may participate in the reviewaudit and decide on its participation on the basis of a risk assessment analysis.
Amendment 309 #
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-reviewaudit shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendations.
Amendment 312 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-reviewaudit report.
Amendment 314 #
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision of the tests for components and separate technical units referred to in this Regulation and in the acts listed in Annex IV, where those tests concern components and separate technical units and are performed in the manufacturer’s facilities or in the facilities of a third party;
Amendment 319 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 323 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 329 #
Proposal for a regulation
Article 76 – paragraph 2 – point c a (new)
Article 76 – paragraph 2 – point c a (new)
(ca) the in-house technical service shall be audited according to the provisions of Article 77;
Amendment 331 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. An in-house technical service does not need toshall be notified to the Commission for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authorityas set out in Article 78.
Amendment 345 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) 715/2007
Article 5 – paragraph 2 – subparagraphs 1a, 1b, 1c and 1d (new)
Article 5 – paragraph 2 – subparagraphs 1a, 1b, 1c and 1d (new)
(3a) in Article 5, the following subparagraphs are added to paragraph 2: “Manufacturers seeking EU type- approval for a vehicle using a Base Emissions Strategy (BES), Auxiliary Emission Strategy (AES) or defeat device, as defined in this Regulation or Regulation 2016/646/EU, shall provide the type-approval authority with all information, including technical justification, that may be reasonably required by the type approval authority to determine whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under Article 5(2) of Regulation (EC) 715/2007 is applicable. Manufactures shall declare in writing to the type approval authority that all information regarding a BES, AES or defeat device is provided and that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008. The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008. For the purpose of its assessment and verifying compliance or non-compliance with the requirements of this Article the type approval authority, the market surveillance authority or the Commission may carry out a supplementary surprise test, with parameters different than the tests set out in this Regulation. The parameters of the supplementary surprise test shall be defined each time solely by the type approval authority, the market surveillance authority or the Commission and remain strictly confidential and unknown by the manufacturer until the final publication of the test results.”.
Amendment 497 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 a (new)
Article 9 – paragraph 3 – subparagraph 2 a (new)
The Member States shall give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out tests, checks and inspections. The Member States ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties.
Amendment 524 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Member States shall take appropriate follow-up action in the light of the recommendations included in the report resulting from the compliance verification, and shall upon request verify the functioning and organisation of the competent authorities and investigate important or recurring problems in the Member State.
Amendment 540 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States. Decisions in the Forum shall be taken by simple majority.
Amendment 568 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The Forum shall establish a standing committee of ten independent auditors and a representative of the Commission carrying out regular audits of national type approval authorities and market surveillance authorities to verify compliance with the requirements of this Regulation and performance of their duties in an independent, efficient and effective manner. The audits shall be subject to independent scrutiny and carried out in a transparent manner. The audits shall include the following, as appropriate: (a) an assessment of the procedures and protocols; (b) an assessment of the designation of technical services; (c) on-site visits and interviews with staff of the national authorities and designated technical services (d) controls of laboratories, facilities, measurement instruments and sampling methods; (e) an assessment of the type approvals issued. (f) any other activity required to identify non-compliances. The auditors may contract a third party to assist with audits. Auditors, and contracted third parties, 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) at the fullest extent necessary in order to protect the interest of users and citizens in the European Union. The Member States shall give all necessary assistance and provide all documentation and support that auditors request to enable them to carry out their duties. The Member States ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. The Forum shall make the available the results of the audits to the Member States and the Commission. The Member States and the Commission shall take appropriate follow-up action in the light of the information and recommendations included in the reports resulting from the audits.
Amendment 574 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to lay down the composition, appointment process, detailed tasks, working methods and rules of procedure of the Forum and the standing committee of auditors.
Amendment 653 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include: (a) a documentary check of all requirements covered by an EU type- approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle; (b) verification that performance of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated into a whole vehicle; (c) any other check or verification required to prevent non-compliance with this Regulation.
Amendment 664 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. In the case of application for whole vehicle type-approval, the manufacturer shall provide detailed information, including engineering justification, on any auxiliary engine management strategy used outside of the conditions specified in relevant EU legislative acts and test procedures.
Amendment 938 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member States every two yearsaudited by the Forum´s standing committee of auditors every two years in accordance with provisions of Article 10.
Amendment 945 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StateForum´s standing committee of auditors shall draw up the annual plan for the peer-reviewaudits, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.
Amendment 951 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-reviewaudits shall include an on-site visit to aone or more technical services under the responsibility of the reviewed authority. The Commission may participate in the reviewaudit and decide on its participation on the basis of a risk assessment analysis.
Amendment 981 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 1112 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) No 715/2007
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
(3a) in Article 5, the following subparagraph is added after paragraph 2 point c: “Manufacturers seeking EU type- approval for a vehicle using a Base Emissions Strategy (BES), Auxiliary Emission Strategy (AES) or defeat device, as defined in this Regulation or Regulation 2016/646/EU, shall provide the type-approval authority with all information, including technical justification, that may be reasonably required by the type approval authority to determine whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under Article 5(2) of Regulation (EC) 715/2007 is applicable. Manufacturers shall declare in writing to the type approval authority that all information regarding a BES, AES or defeat device is provided and that the type of vehicle is not equipped with a prohibited defeat device. The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device. For the purpose of its assessment and verifying compliance or non-compliance with the requirements of this Article the type approval authority, the market surveillance authority or the Commission may carry out a supplementary surprise test, with parameters different than the tests set out in this Regulation. The parameters of the supplementary surprise test shall be defined each time solely by the type approval authority, the market surveillance authority or the Commission and remain strictly confidential and unknown by the manufacturer until the final publication of the test results.”