Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2016/0014(COD)
Legal basis opinions (0)
Amendments (44)
Amendment 213 #
Proposal for a regulation
Recital 4
Recital 4
(4) In that assessment it was concluded, however, that there is a need to introduce market surveillance provisions to complement the type-approval requirements, a need to clarify the recall and safeguard procedures, as well as the conditions for granting extensions to approvals for existing types of vehicle, a need to improve the enforcement of the type-approval framework by harmonising and enhancing the type-approval and conformity of production procedures applied by Member States’ authorities and technical services, a need to clearifyly delineate the roles and responsibilities of economic operators in the supply chain, and of the authorities and parties involved in the enforcement of the framework, ensuring that those roles and responsibilities do not overlap, guaranteeing the independence of the aforementioned operators, authorities and parties, and preventing conflicts of interest, and a need to improve the suitability of alternative type-approval schemes (national small series and individual vehicle approvals) and of the multi-stage type-approval process to provide appropriate flexibility for niche markets and SMEs, without however distorting the level playing field.
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 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 341 #
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘manufacturer’ means a natural or legal person who is responsible for all aspects of thecomplying with the administrative provisions and technical requirements that apply in order to obtain type-approval of a vehicle, system, component or separate technical unit, or the individual vehicle approval, or the authorisation process for parts and equipment, and for ensuring conformity of production, and fors well as for facilitating compliance with market surveillance matterprovisions regarding that vehicle, system, component, separate technical unit, part and equipment produced, irrespective of whether that person is or is not directly involved in all stages of the design and construction of that vehicle, system, component or separate technical unit concerned;
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 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 405 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Approval authorities shall, without prejudice to EU data protection rules, provide the Forum for Exchange of Information on Enforcement referred to in Article 10 with data relating to their approval activities, including data relating to type-approval tests and inspections carried out on vehicles, systems, components, separate technical units, parts and equipment tested or inspected, and data relating to the EU type-approval certificates issued.
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 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 455 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member States, assisted by the Forum for Exchange of Information on Enforcement referred to in Article 10, shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the Commission the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 482 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 3 a (new)
Article 9 – paragraph 1 – subparagraph 3 a (new)
The tests and inspections referred to in the second and third subparagraphs 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.
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 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 556 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall comprise inter alia: - the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools,cooperation and good practices, - the coordination of market surveillance activities in order to avoid duplication of tasks and ensure cost effectiveness, - the exchange of information on enforcement problems, - development of working methods and tools, and especially the establishment and management of a European database to compile type-approval provided by the national authorities responsible for such approval, in strict compliance with EU data protection rules and with the assurance that such data be available only to the economic actors involved, - development of an electronic information exchange procedure, - evaluation of harmonised enforcement projects, - proposing recommendations to the national authorities and to the Commission, inter alia, on penalties and joint inspections.
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 580 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. In the case of multi-stage type- approval, the manufacturer shall also be responsible for thecompliance with the requirements of approval and conformity of production of the systems, components or separate technical units that he has added at the stage of vehicle completion. Any manufacturer who modifies components, systems or separate technical units already approved at earlier stages shall be responsible for thecompliance with the requirements of approval and conformity of production of the modified components, systems or separate technical units. The manufacturer of the previous stage shall provide information to the manufacturer of the subsequent stage regarding any change that may affect component type-approval, system type- approval or separate technical unit type- approval or the whole-vehicle type- approval. Such information shall be provided as soon as the new extension to the whole-vehicle type-approval has been issued and at the latest on the starting date of production of the incomplete vehicle.
Amendment 587 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The manufacturer shall be responsible to the approval authority for all aspects ofcompliance with all requirements concerning both the approval procedure and for ensuring conformity of production, whether or not he is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.
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 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 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 745 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Fees shall not beThe Member States shall be responsible for collecting these fees and shall ensure that they are not levied directly by technical services.
Amendment 754 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. The Commission, with the assistance of the forum referred to in Article 10, shall monitor the activities of Member States to ensure the independence of the national fee structures for economic operators in the supply chain and technical services.
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 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 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 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