50 Amendments of Dita CHARANZOVÁ related to 2016/0014(COD)
Amendment 237 #
Proposal for a regulation
Recital 11
Recital 11
(11) Designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to supervisory controls at Union level, including independent audits as a condition for the renewal of their notification after fiseven years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their products.
Amendment 238 #
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 cooperateestablish cooperation mechanisms 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 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. For this purpose, the Commission should consider making use of existing online databases such as ETAES or Eucaris.
Amendment 245 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Member States should levy fees forestablish relevant financial mechanism related to the designation and monitoring of technical services to ensure sustainability of the monitoring of those technical services by Member States and to establish a level playing field for technical services. In order to ensure transparency, the Member States should inform the Commission and the other Member States before they adopt the level and structure of the fees.
Amendment 252 #
Proposal for a regulation
Recital 17
Recital 17
(17) The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding d. Direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore t should be avoided. The Member States should establish a type-approval fee structurerelevant financial mechanisms that should cover the costs for carrying out all type-approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type-approval and the costs for carrying out ex-post compliance verification tests and inspections. The burden of costs related to market surveillance should not be carried by consumers.
Amendment 262 #
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authority is fundamental for ensuring a consistently high level of safety and health and environmental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a ForumTask Force on Enforcement should be established for Member States and the Commission to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework. The Task Force will coordinate, among others, organization of peer-reviews between the Member States taking into account criteria such as number or nature of type-approvals issued by the respective national authorities.
Amendment 266 #
Proposal for a regulation
Recital 20
Recital 20
(20) The rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to motor vehicles and their trailers, and to systems, components and separate technical units intended for such vehicles without preventing Member States from choosing the competent authorities to carry out those tasks. Market surveillance may be a competence shared between different national authorities to take account of the national market surveillance systems in the Member States established under Regulation (EC) No 765/2008. Effective coordination and monitoring through the Task Force at Union and national levels should guarantee that approval and market surveillance authorities enforce the new type-approval and market surveillance framework.
Amendment 269 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessaryfundamental to include rules on market surveillance in this Regulation in order to reinforce the rights and obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities and to clarify the applicable procedures.
Amendment 288 #
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the Commission should organise and carry out or requireorder to complement the actions undertaken at Member State level, the Commission should carry out independent tests in cooperation with the Member States. The Commission should be entitled to require Member States to carry out ex- post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations and to carry out these tasks by itself if the Member State fails to do so. When non- compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the Commission should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and to investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014- 2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resources. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 300 #
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification by means of independent periodic audits. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.
Amendment 301 #
Proposal for a regulation
Recital 30
Recital 30
(30) The continued validity of the type- approvals requires that the manufacturer informs the authority that has approved his type of vehicle about any changes to the characteristics of the type or the safety and environmental performance requirements applicable to that type. It is therefore important that the validity of issued type- approval certificates is limited in time and that those certificates can only be renewed when the approval authority has verified and is satisfied that the type of vehicle continues to comply with all the applicable requirements. However, some systems, components and separate technical units do not required by their very nature to bear an expiry date. For instance, it is clear that validity of emission systems type-approval needs to be limited in time while rear mirrors do not require such limitation. Therefore, the power should be delegated to the Commission to establish a list of the systems, components and separate technical units concerned. The verification procedure should include different methods, such as documentary checks, compliance audits and full- fledged type-approval procedures. Furthermore, the conditions for extending type-approvals should be clarified to ensure a uniform application of the procedures and enforcement of the type- approval requirements throughout the Union.
Amendment 322 #
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission annuallyregularly using the online database, to monitor the coherence of the implementation of these provisions.
Amendment 375 #
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 380 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and duly justified, be entitled 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.
Amendment 406 #
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 457 #
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 476 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The Commission shall organise and carry out, or require to be carried out, on an adequate scalebe entitled to require the Member States authorities to carry out, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, 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.
Amendment 479 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
When the Commission, based on public alerts, other Member State information or its own action, has reasons to believe that a Member State does not fulfil its type- approval and market surveillance obligations stemming from this regulation properly, the Commission may organize and carry out itself independent tests and inspections of vehicles, systems, components and separate technical units already made available on the market. The Commission may initiate such tests or inspections based also on a submission of third party verification results.
Amendment 504 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make publicavailable 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).
Amendment 514 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall inform the approval authority or authorities concerned as well as the Forum for Exchange of InformationTask Force on Enforcement.
Amendment 525 #
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 actions in the light of the recommendations included in the report resulting from the compliance verification and, shall upon request verify the functioning and organization of the competent authorities and investigate important or recurring problems in the Member States.
Amendment 532 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 536 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establish and chair a Forum for Exchange of Information onTask Force for Enforcement (‘the Forum’)."Task Force")
Amendment 542 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Task Forumce shall be composed of members appointed by the Member States, including their type-approval and market surveillance authorities.
Amendment 547 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Task Forumce shall coordinate a network of the national authorities responsible for the type-approval and market surveillance.
Amendment 563 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The Task Force should coordinate the organization of peer-reviews as referred to in Article 71.
Amendment 564 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 b (new)
Article 10 – paragraph 2 – subparagraph 2 b (new)
The Members of the Task Force shall exchange information on technical services. If an assessment of a technical service is organised on the EU level according to the Article 77, the Task Force shall designate an independent auditor and a representative of another Member State to participate in the assessment.
Amendment 565 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 c (new)
Article 10 – paragraph 2 – subparagraph 2 c (new)
The Commission shall establish online database for exchange of information related to type-approval procedures, authorisations issued, market surveillance and other relevant activities, in order to support the work of the Task Force. The database shall be administered by the Commission. The Member States shall be responsible for providing the data according to Article 25.
Amendment 566 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 d (new)
Article 10 – paragraph 2 – subparagraph 2 d (new)
The online database has to consist also of a publicly accessibly interface where broad public can consult the information as set out in Annex IX of this Regulation, the tests results, testing specifications and testing services and type approval authorities involved. The publicly accessible part shall allow public to report potential problems with compliance or any other relevant issues.
Amendment 567 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 e (new)
Article 10 – paragraph 2 – subparagraph 2 e (new)
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
Amendment 575 #
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 Task Forumce.
Amendment 658 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only. Once the application is submitted the manufacturer cannot interrupt the procedure and submit an application for the same type to another approval authority or technical services. If the type- approval is refused or the test fails in a technical service the manufacturer cannot submit an application for the same type to another approval authority or another technical service.
Amendment 719 #
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, an approval authority shall designate a different technical service from the one used during the original type approval testing.
Amendment 725 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 733 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to covernsure that the costs for their type-approvals and market surveillance activities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designated are fully covered. This may be done through national budget on the basis of fees or taxes and shall exclude direct or indirect payments by the manufacturers to the technical services for the type- approval inspections and tests they have carried out.
Amendment 743 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those nationale Member States may levy national fees to be used for financing of the type-approval procedures. These fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Fees shall not be levied directly by technical services.
Amendment 749 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The national fee structure shall also coverMember States shall ensure that the costs for the compliance verification inspections and tests carried out by the Commission in accordance with Article 9. These contributions shaMember States are fully constitute external assigned revenues for the general budget of the European Union, according to Art. 21(4) of the Financial Regulation26 . __________________ 26 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2015 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1– 96)vered. For this purpose, they may establish a fee to be levied on manufactures, importers or distributors placing vehicles on the market of the Member State concerned.
Amendment 751 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall notify the details of their national fee structurefinancial mechanism to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis.
Amendment 759 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Commission may adopt implementing acts in order to define the top-up referred to in paragraph 3 to be applied to the national fees refeshall ensure that the costs for the compliance verification inspections and tests carried to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)out by the Commission in accordance with Article 9 are fully covered. The general budget of the European Union shall be used for this purpose.
Amendment 771 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 5seven years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. After the expiry of tThe type- approval certificate, it may be renewprolonged upon application by the manufacturer no earlier than six months before the expiry of the certificate and only where the approval authority has verified that the type of vehicle, including its systems, components and separate technical units, complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that type. The type- approval authority shall establish following compliance audit whether it proceeds with the renewal based on documentary checks and verification or whether type-approval procedure applies fully.
Amendment 774 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. Type-approvals for some systems components and separate technical units shall be issued without expiry date. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to establish a list of systems components and separate technical units which due to their nature may be issued without expiry date.
Amendment 796 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
End-of-series vehicles for which the EU type-approval has become invalid pursuant to Article 33(2)(a) may only be made available on the market, registered or entered into service, provided that the requirement set out in paragraph 4 and the time limits laid down in paragraphs 2 and 4 are complied with.
Amendment 799 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 804 #
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 2
Article 47 – paragraph 3 – subparagraph 2
The national authority concerned shall decide, within threone months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted.
Amendment 848 #
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 may require the Member States to 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 937 #
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 years. The Commission can impose a yearly review if it has serious reasons to believe that a type- approval authority does not fulfil its obligations correctly. The peer-reviews shall be organised through the Task Force on enforcement.
Amendment 946 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StatesTask Force shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission. The plan and frequency of the peer-reviews shall reflect number and nature of type- approval certificates issued by the reviewed authority in the Member State concerned.
Amendment 998 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Amendment 1005 #
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. The joint assessment team shall raise findings regarding non-compliance of the applicant technical service with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V during the assessment process. These findings shall be discussed between the designating approval authority and the joint assessment team with a view to finding common agreement with respect to the assessment of the application.
Amendment 1007 #
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The joint assessment team shall produceresult within 45 days after the on-site assessment in a report setting out the extent to which the applicant complies with the requirements set out in in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V of this Regulation.
Amendment 1102 #
Proposal for a regulation
Article 89 – paragraph 5
Article 89 – paragraph 5
5. Member States shall report to the Commissiouse the online database established under Article 10, paragraph 2, to report to the Commission on a regular basis, no later than every two years, on the penalties they have imposed.