67 Amendments of Ivan ŠTEFANEC related to 2016/0014(COD)
Amendment 255 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to allow market forces to work, technical services should apply the rules for the type-approval procedures in all transparency and uniformly, without creating unnecessary burden for economic operators. To guarantee a high level of technical expertise and a fair treatment of all economic operators, a uniform technical application of the rules for the type-approval procedures should be ensured. Within the Forum established by this regulation, type-approval authorities should exchange information on the functioning of the different technical services which they certified.
Amendment 270 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and, the Commission, type approval documentation and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information for repair and maintenance purposes should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. The information to be disclosed for these purposes is not be of the nature as to undermine confidentiality of proprietary information and intellectual property.
Amendment 273 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and, the Commission, type approval document and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. The information to be disclosed should not undermine the confidentiality of proprietary information and intellectual property.
Amendment 305 #
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm. Particular attention must be given to replacement equipment, systems and technical units that affect the environmental impact of the exhaust system and that these must be subject to authorization requirements where appropriate.
Amendment 337 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) `original parts or equipment´ means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts of equipment for the assembly of the vehicle in question. This includes parts or equipment which are manufactured on the same production line as these parts of equipment. It is presumed unless the contrary is proven, that parts constitute original parts if the part manufacturer certifies that the parts match the quality of the components used for the assembly of the vehicle in question and have been manufactured according to the specifications and production standards of the vehicle manufacturer;
Amendment 358 #
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
Article 3 – paragraph 1 – point 56 a (new)
(56a) 'defeat device' means any functional element of design, when functioning accordingly, that prevents the vehicle's approved control and monitoring systems from being effective and efficient as well as prevents compliance with the approval requirements under the whole spectrum of real-world driving conditions.
Amendment 366 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the Commission of the establishment and appointment of such authorities. Member States shall ensure that type-approval authorities and market surveillance authorities function independently from each other.
Amendment 376 #
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. They may decide to carry out joint market surveillance activities for the purposes of Article 8.
Amendment 383 #
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 four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties will have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the general public, in particular the number of type-approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 388 #
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. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States, the European Parliament and the Commission. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers.
Amendment 392 #
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 four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties shall have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the publicgeneral public, in particular the number of those vehicles, systems, components or separate technical units that are not in compliance with this Regulation together with the identity of the corresponding manufacturers.
Amendment 396 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. The Member States shall ensure that the market surveillance authorities and the type-approval authorities can properly perform the tasks foreseen by this regulation. To this end, they shall in particular equip them with the resources necessary for that purpose.
Amendment 400 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Approval authorities shall only approve such vehicles, systems, components or separate technical units that comply with the requirements of this Regulation. In case of doubt, the type- approval authority shall request an expert opinion from an accredited technical service on the compliance of this Regulation.
Amendment 403 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Type approval authorities shall cooperate with the Commission and the Forum established under article 10 of this Regulation in monitoring and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 417 #
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 test, real-driving emissions tests, including on-road remote sensing as well as portable emissions measurement systems, and laboratory tests of vehicle emissions on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. For the sample checks, market surveillance authorities shall use 0.5 samples per 1,000 new vehicles, per components or per separate technical units each sold per year as an indicative target for each Member State.
Amendment 420 #
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. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaint-based surveillance as benchmark principles, including complaints, popularity of vehicles models and their parts, third-party testing results, new technologies on the market, reports from periodic technical inspections and other information.
Amendment 423 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Sufficient and effective market surveillance is key to ensure that products put on the market effectively comply with legislation in terms of safety and environmental protection. Although funding is key, budget for the market surveillance activities should not impose extra costs on consumers.
Amendment 424 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the market surveillance authority.
Amendment 425 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. In particular, national market surveillance authorities shall take into account the information on non- conformities with European acts and regulations submitted to them by independent third-party organizations.
Amendment 431 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The market surveillance authority of one Member State shall take action pursuant to Article 20 of Regulation (EC) No 765/2008 if deemed necessary.
Amendment 449 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – 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 four years and the results thereof shall be communicated to the other Member States and the Commission, the Commission and the Forum. Third parties shall review the results upon request. The Member State concerned shall make a summary of the results accessible to the public.
Amendment 472 #
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 scale, 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. The tests and inspections organised and carried out by, or mandated by the Commission shall focus on in-service conformity of vehicles, systems, components and separated technical units. The Commission shall base its tests and inspections on principles of risk assessment and use information from independent third party research.
Amendment 500 #
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. This data shall in particular comprise parameters and settings that are necessary to accurately replicate test conditions that were applied at time of the type-approval testing. The data does not cover specific design details and technical specifications of parts and elements of the vehicle which do not need to be adjusted or altered I order to replicate the test conditions. 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 501 #
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. This data shall in particular compromise parameters and settings that are necessary to accurately replicate test conditions that were applied at time of the test-approval testing, while ensuring the legitimate protection of business information. 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 505 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Commission should guarantee that such data are made available for the purpose of further testing and follow up in order to use every evidence to avoid any neglecting.
Amendment 519 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of its findings following any compliance verification testing it has carried out. It shall submit the report to the European Parliament.
Amendment 523 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Commission shall guarantee a unified implementation and enforcement of the rules across the single market.
Amendment 548 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
The Forum should oversee the work of national regulators, contribute to the promotion of good practice, assist member states in market surveillance, assess the results of reviews and issue recommendations and apply sanctions if necessary. It should also ensure that the EU law is applied in a uniformly strict and consistent manner.
Amendment 549 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 b (new)
Article 10 – paragraph 2 – subparagraph 1 b (new)
In order to ensure transparency of its work vis-à-vis third parties and non- governmental organizations interested in the enforcement of legislation in automotive sector, at least once a year the Forum shall meet in an extended composition and invite those third parties and non-governmental organisation to attend the meeting.
Amendment 560 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The Commission should guarantee that independent third parties could to bring their test results for consideration by the Forum and the Commission should follow-up on such suspicion.
Amendment 569 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
Amendment 571 #
Proposal for a regulation
Article 10 – paragraph 2 c (new)
Article 10 – paragraph 2 c (new)
2c. Where the Forum deems it beneficial, it shall establish a multi- annual planning of market surveillance activities.
Amendment 573 #
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. The composition of the Forum shall include at least representatives of the European Parliament, representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups as observers.
Amendment 585 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Manufacturers shall ensure that the vehicles, systems, components and separate technical units perform equally under the conditions found during the test-approval and under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 589 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. The manufacturer shall, to protect the environment, health and safety of consumers, investigate and keep a register of complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he placed on the market and keep his importers and distributors informed of such monitoring. If the number of complaints and/or non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is higher, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay. The information shall contain a description of the issue and details necessary to identify the affected type, variant and/or version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and/or market surveillance activities by Member states and the Commission.
Amendment 594 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. These corrective measures shall be provided free of charge for the vehicle owner.
Amendment 622 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints, non- conformities and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such monitoring. All complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the manufactures without delay.
Amendment 636 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively. 2. The distributer shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the importer or manufacturer without delay.
Amendment 665 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software and algorithms of the vehicle, together with documentation or other information allowing an appropriate level of understanding of the systems and functions of the software and algorithms. In case of whole-vehicle type-approval, the approval authority and technical services shall have access to any engine management strategies which may be deployed. The manufacturer shall disclose relevant information regarding such management strategies, including the parameters of any such strategies and the technical justification detailing why they are necessary.
Amendment 671 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software and algorithms of the vehicle. during the entire life cycle of the vehicle not only during type approval. Continuous verification of the software status during periodic technical inspections is necessary. The information to be disclosed for these particular purposes is not to be of the nature as to undermine confidentiality of proprietary information and intellectual property.
Amendment 679 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. For the obligations specified in article 8 and the compliance verification specified in article 9, the market surveillance authorities and the Commission shall have access to software and algorithms of the vehicle, the documentation provided by the manufacturer and the system concept.
Amendment 687 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the Commission a copy of the EU type-approval certificate, together with the attachments described in Annexes I and III, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. The attachments will at least include data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 691 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the Commission, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, described in Annexes I and III. The attachments will at least include data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 694 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. The approval authority shall include all test results including at least data on: - Test vehicle mass/weighs - Test temperature - Road load coefficients - Non-essential equipment in use during testing (climate control systems, audio and media systems etc.) - Tyre details (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance - Technical services used at each stage Its reasoned decision shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 697 #
Proposal for a regulation
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. The type-approval authority shall without undue delay update the public online data base referred to in Article 10 (2a) when a new type-approval is issued or withdrawn, and every time non- conformity with this Regulation is found or any remedial action taken. The type- approval authority shall include the data specified in paragraph 1 or 3.
Amendment 713 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The approval authority shall commission a party, independent from the manufacturer, to perform these checks.
Amendment 714 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The checks shall be carried out frequently without paralyzing the system and at random intervals.
Amendment 736 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The fee structure should be set to achieve the aim of this regulation. Adequate financing shall enable both type-approval and market surveillance authorities to function according to the specific needs of this regulation.
Amendment 742 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type- approvals activities 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 servicesThe national fees regarding market surveillance activities shall be levied by the Member State I which the products are placed on the market. Fees shall not be levied directly by technical services. Member States should set up a fee system of their own in order to ensure that the required funds are secured.
Amendment 746 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The national fees regarding conformity of production shall be levied by the Member State on the manufacturer in the country where the production takes place. Member States shall be allowed to finance the activities regarding conformity of production through other instruments at their disposal.
Amendment 767 #
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 5 years without the possibility of prolongation of categories M1 and N1 shall be issued for a limited period of 5 years and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 8 years. The expiry date shall be indicated in the type-approval certificate. After the expiry of tThe type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that types.
Amendment 768 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Type-approvals for vehicles, systems, components and separate technical units type of categories M1 and N1 shall be issued for a limited period of 5 years without the possibility of prolongation. Type- approvals for vehicles type of categories N2, N3, M2, M3 and O shall be issued for a limited period of 58 years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. After the expiry of the type- approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that type.
Amendment 775 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis;; the production of a vehicle shall be considered permanently discontinued when no vehicle of the type concerned was produced over a period of two years.
Amendment 776 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis;; the production of a vehicle shall be considered permanently discontinued when no vehicle of the type concerned was produced over a period of two years.
Amendment 793 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. In addition, more flexibility should be granted to SMEs with small production that cannot meet the same time constraint criteria as large manufacturers.
Amendment 803 #
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 2
Article 47 – paragraph 3 – subparagraph 2
The national type-approval authority concerned shall decide, within three 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 846 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, accompanied by a certificate of conformity, or 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 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-compliantshall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to withdraw the vehicles, systems, components or separate technical units, or to withdraw them from thate 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 conformityor to recall it within a reasonable period, depending on the nature of the risk.
Amendment 868 #
Proposal for a regulation
Article 55 – paragraph 4 – subparagraph 2
Article 55 – paragraph 4 – subparagraph 2
For the purposes of this paragraph, original parts or equipment means parts or equipment that are manufactured according to the specifications and, production and performance standards provided by the vehicle manufacturer for the assembly of the vehicle in question.
Amendment 886 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2 a (new)
Article 58 – paragraph 1 – subparagraph 2 a (new)
The Commission should ensure throughout the Forum that EU harmonised approach is applied toward EU citizens and granting them the same right on the single market.
Amendment 906 #
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 1
Article 65 – paragraph 2 – subparagraph 1
Until the Commission has adopted the relevant standard through the work of the European Committee for Standardization (CEN) or comparable standardisation bodies, the vehicle OBD and vehicle repair and maintenance information shall be presented in an easily accessible mannerand machine-readable manner and electronically processable datasets that can be processed by independent operators with reasonable effort.
Amendment 913 #
Proposal for a regulation
Article 65 – paragraph 10 a (new)
Article 65 – paragraph 10 a (new)
10a. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 and create Annex XVIIIA to address technological developments in the field of digital data exchange using a wireless wide area network, ensuring the continued direct access to in-vehicle data and resources for Independent Operators and competition- neutrality by technical design.
Amendment 967 #
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision of the tests and of their preparation referred to in this Regulation and in the acts listed in Annex IV, where those tests are performed in the manufacturer’s facilities or in the facilities of a third party;
Amendment 988 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. An in-house technical service of a manufacturer may be designated for category A activities as referred to in Article 72(1)(a) only with regard to the regulatory acts listed in Annex XV. An in- house technical service shall constitute a separate and distinct part of the manufacturer's company and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses. An independence of the two bodies has to be ensured via separate accreditation of the different bodies or any other means that prevents potential conflicts of interest.
Amendment 1072 #
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Type-approval authorities shall communicate to each other and the Commission not later withain two years after the entry into force of this Regulationhe Forum authority and decide on a timeline of the model for assessment check-list used in accordance with Article 77(1) and thereafter the adaptations made to this check-list until the Commission has adopted a harmonised assessment check- list. The Commission shall be empowered to adopt implementing acts to establish the template of the assessment check-list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1093 #
Proposal for a regulation
Article 89 – paragraph 2 – point b
Article 89 – paragraph 2 – point b
(b) falsifying test results for type- approval meaning that the results can't be reproduced empirically in a new testing environment where the conditions and values can be verified by the relevant authority;
Amendment 1110 #
Proposal for a regulation
Article 90 – paragraph 3
Article 90 – paragraph 3
3. The amounts of administrative fines shall be considered as revenueadministrated by the Member States and used for the gbeneral budget of the European Unionfit of consumers negatively affected by the infringement.
Amendment 1122 #
Proposal for a regulation
Annex XIII – part I – table
Annex XIII – part I – table
Item No Item description Performance Test procedure Marking Packaging requirement requirement requirements 1 […] 2 3 Exhaust Gas catalysts NOx EURO Vehicle Type and their substrates emissions standards and version 2 Turbochargers CO2 and NOx EURO Vehicle Type emissions standards and version 3 Fuel/ Air mixture CO2 and NOx EURO Vehicle Type Compressor systems emissions standards and version other than Turbochargers 4 Diesel Particle Filters PM EURO Vehicle Type standards and version