51 Amendments of Lambert van NISTELROOIJ related to 2016/0014(COD)
Amendment 229 #
Proposal for a regulation
Recital 10
Recital 10
(10) The need for certification, control and monitoring of technical services by the designating authorities has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. Due to the wide differences in interpretation of the current implementation of directive 2007/46/EC and the application of its provisions in the course of the type- approval procedure, considerable differences between technical services exist. The certification, control and monitoring must therefore be harmonised and increased to ensure a level playing field within the European single market. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 251 #
Proposal for a regulation
Recital 17
Recital 17
(17) The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type- approval fee structure 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 inspecnsure information about which technical service tested a vehicle, system, component or separate technical unit is provided in the data-base which is set up by this regulations.
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 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 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 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 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 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 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 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 461 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission mayshall adopt implementingdelegate acts 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 implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 878(2).
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 499 #
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 thdata made public shall at least include: - 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 daeta to be made public and the conditions for such publicatils (model, size, pressure) - Vehicle specific gear shift points - Driver mode enabled during testing - Aero dynamic drags - Test vehicle rolling resistance The Commission, subject tohall guarantee 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 569 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
Amendment 570 #
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The Commission, within its role as chair, shall establish a public online database for exchange of information on EU type-approvals between type-approval authorities, market surveillance authorities, Commission and third parties. The Commission shall oversee the portal, in particular the maintenance of the type- approvals database, including regular updates, coordination of input information with relevant authorities, data security and confidentiality, taking into account the protection of business secrets. The information in the data base shall be based on the information provided by national type approval authorities pursuant article 25 of this Regulation. The Commission shall include a tool to upload independent third party test results, faulty reports and complaints about the performance of vehicles, systems, components and other technical units. Such submitted information and data shall be clearly separated from the information provided by national type- approval authorities. The information shall be used by the Forum within its responsibilities.
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 614 #
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; this shall include any technical specifications at type approval and access to software and algorithms as requested.
Amendment 655 #
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 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. It shall also include verification that performance of the systems that were granted type-approval separately are still in conformity with said type-approvals when incorporated into a whole vehicle.
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 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 731 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for theirnsure that there is no conflict of interest or overlap of functions between national type- approvals and or 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 designateduthorities, technical services and manufacturers. For this purpose they shall put in place independent and transparent funding provisions.
Amendment 738 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type- approvals 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 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 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 779 #
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Article 33 – paragraph 4 – subparagraph 1
Where production of a particular type of vehicle, system, component or separate technical unit is permanently discontinued, the manufacturer shall notify without delay the approval authority that granted the EU type-approval for that type of vehicle, system, component or separate technical unit thereof.
Amendment 781 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. Where an EU type-approval certificate for a type of vehicle, system, component or separate technical unit is due to become invalid, the manufacturer shall notify without delay the approval authority that granted the EU type-approval thereof.
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 970 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 1002 #
Proposal for a regulation
Article 77 – paragraph 1 a (new)
Article 77 – paragraph 1 a (new)
1a. Where a technical service has already been assessed and designated by a type-approval authority, the joint assessment team shall analyse the previous assessment and designation, prior to organising a new assessment. Only in the case where reasonable doubts exists about the previous assessment or where circumstance have changed, the assessment team shall organise a new assessment.
Amendment 1003 #
Proposal for a regulation
Article 77 – paragraph 1 b (new)
Article 77 – paragraph 1 b (new)
1b. The joint assessment team may base its assessment on recognised third party assessments and designate the technical service base on those assessments.
Amendment 1021 #
Proposal for a regulation
Article 77 – paragraph 12
Article 77 – paragraph 12
Amendment 1079 #
Proposal for a regulation
Article 86 – paragraph 1
Article 86 – paragraph 1
1. The Member States shall levy fees on technical services applying to be designated established in their territory to cover wholly or partly, the costs relating to the activities exercised by the national authorities responsible for technical services in accordance with this Regulation.
Amendment 1082 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 8(10), Article 9(4), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 1083 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 65 (10a), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 1086 #
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
3. The delegation of power referred to in Article 4(2), Article 5(2), Article 8(10), Article 9(4), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1088 #
Proposal for a regulation
Article 88 – paragraph 5
Article 88 – paragraph 5
5. A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 8(10), Article 9(4), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
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 1107 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shall notcan be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and, but shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.