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37 Amendments of Marc TARABELLA related to 2016/0014(COD)

Amendment 221 #
Proposal for a regulation
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance covering the lifetime of the vehicles, systems, components and separate technical units concerned. Market surveillance in the automotive sector should be introduced by specifying the obligations of the economic operators in the supply chain, the responsibilitietasks of the enforcement authorities in the Member States, and the measures to be taken when automotive products are encountered on the market that represent seriousany kind of safety or environmental risks or that do not comply with the type-approval requirements, and by establishing a European Agency for Market Surveillance of Road Transport.
2016/10/18
Committee: IMCO
Amendment 226 #
Proposal for a regulation
Recital 8 b (new)
(8b) The European Agency for Market Surveillance of Road Transport will deploy independent and harmonised market surveillance activities, including checks of the conformity of production and the in service conformity. It shall coordinate and impose corrective and restrictive measures if tested or inspected vehicles, systems, components or technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV. Besides market surveillance, the agency shall perform audits on National Type Approval Authorities and keep under review the type approval process.
2016/10/18
Committee: IMCO
Amendment 274 #
Proposal for a regulation
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 Commissionthe Agency, approval authorities and where applicable the market surveillance authorities, type approval documentation 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.
2016/10/18
Committee: IMCO
Amendment 277 #
Proposal for a regulation
Recital 23
(23) The obligatioIns of national authorities concerning market surveillance provided in this Regulation are more specific thanar as the provisions of this Regulation conflict with those laid down in Article 19 of Regulation (EC) No 765/2008 to take account of the specificities of the type-approval framework and the need to complemallocation of tasks and obligations betweent that framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered bye Agency and national market surveillance authorities, the provisions of this Regulation shall prevail.
2016/10/18
Committee: IMCO
Amendment 280 #
Proposal for a regulation
Recital 24
(24) Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non- compliance and the likelihood of its occurrence.deleted
2016/10/18
Committee: IMCO
Amendment 294 #
Proposal for a regulation
Recital 26 a (new)
(26a) In order to ensure and continually improve a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the introduction of new technologies based on technical and scientific progress should be facilitated by limiting the required test and documentation for granting EU type approval of such technologies.
2016/10/18
Committee: IMCO
Amendment 313 #
Proposal for a regulation
Recital 36 a (new)
(36a) Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures.
2016/10/18
Committee: IMCO
Amendment 316 #
Proposal for a regulation
Recital 37 a (new)
(37a) In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised, that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.
2016/10/18
Committee: IMCO
Amendment 338 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
(8a) 'defeat device' means any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameters for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under all ambient or engine operating conditions encountered either during normal vehicle operation or outside the type-approval test procedures;
2016/10/18
Committee: IMCO
Amendment 339 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
(8b) Base Emission Strategy' (hereinafter 'BES') means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;
2016/10/18
Committee: IMCO
Amendment 340 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
(8c) Auxiliary Emission Strategy' (hereinafter 'AES') means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;
2016/10/18
Committee: IMCO
Amendment 342 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
(11a) 'the European Agency for type approval and market surveillance of motor vehicles' means the central European independent authority, with the responsibility of all aspects of the type- approval process of a vehicle, system, component or separate technical unit and for carrying out the market surveillance in the European Union;
2016/10/18
Committee: IMCO
Amendment 343 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
(12) 'approval authority' means the authority or authorities of a Member State, notified to the Commission by that Member State,designated by the European Agency for type approval and market surveillance of motor vehicles and mandated, on a case- by-case basis, by the European Agency with the competences for all aspects of the type- approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, for designating the technical services, and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;
2016/10/18
Committee: IMCO
Amendment 350 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘technical service’ means an organisation or body designated by the approval authorityEuropean Agency for type approval and market surveillance of motor vehicles as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections;
2016/10/18
Committee: IMCO
Amendment 356 #
Proposal for a regulation
Article 3 – paragraph 1 – point 47 a (new)
(47a) 'remote sensing' means scanning and measuring pollutant levels in a vehicle's exhaust while the vehicle is in motion using sensor-equipped instruments positioned roadside with the purpose of collecting performance data required to monitor the average on-road fleet emissions and identify excessive polluters;
2016/10/18
Committee: IMCO
Amendment 361 #
Proposal for a regulation
Article 5 a (new)
Article 5 a Establishing an European Agency for type approval and market surveillance of motor vehicles The Commission shall establish an European independent agency for type approval and market surveillance, which will have the responsibility for: (1) all aspects of the type-approval process of a vehicle, system, component or separate technical unit, or of the individual vehicle approval and for the authorisation process for parts and equipment; (2) designating the approval authorities of the Member States and the authorized technical services and mandate them, on a case-by-case basis, with the competences for the type- approval and authorisation processes; (3) ensuring that the obligations regarding the conformity of production of the manufacturer are met; (4) carrying out the market surveillance of motor vehicles in the European Union. The Commission shall establish the Agency no later than 18 months after this legislation enter into force.
2016/10/18
Committee: IMCO
Amendment 362 #
Proposal for a regulation
Article 5 a (new)
Article 5 a Establishing an European Agency for Market Surveillance of Road Transport The Commission shall present to the European Parliament and the Council of the European Union a regulation establishing a European independent Agency on Market Surveillance of Road Transport ("the Agency") without undue delay but no later than 12 months after this Regulation is published in the Official Journal of the European Union. Until the Agency has been established, the tasks assigned to it will be carried out by the Commission.
2016/10/18
Committee: IMCO
Amendment 363 #
Proposal for a regulation
Article 5 b (new)
Article 5 b Tasks of the Agency 1. The Agency 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. 2. The Agency shall organise and carry out tests and inspections of vehicles, systems, components and separate technical units already made available on the market including during production, 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 Agency shall inspect at least 20% of all type-approved vehicles placed on the European market each year. When doing so, the Agency shall take account of established principles of risk assessment, including complaints, popularity of vehicle models and their parts, third-party testing results, very high or very low fuel economy models, first application of new engine or technology, reports from periodic technical inspections, sampling programmes using remote sensing and other information. 3. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Agency a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Agency that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Agency may require. Those tests and inspections may take place on new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below. Those tests and inspections may also take place on registered vehicles. 4. For the purpose of enabling the Agency to carry out the testing referred to in paragraphs 2 and 3, national market surveillance authorities within the Member States shall make available to the Agency all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. For this purpose the Agency shall create a common secure electronic exchange system in which the type approval authorities shall include all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1). For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the Agency with the type- approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units. 5. The Agency shall require economic operators to make the documentation and information available as it considers necessary for the purpose of carrying out its activities. For the purpose of obtaining information contained in type approvals, the contact for the Agency shall first be the type approval authority which issued the relevant type approval certificate, however if the Agency need more information they have the right to obtain the information from the economic operators. 6. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. The Commission shall adopt delegated 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 delegated acts shall be adopted in accordance with Article 88. 7. For the fulfilment of its tasks, the Agency may ask the responsible national authorities to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. 8. For type-approved vehicles, systems, components and separate technical units, the Agency shall take due account of certificates of conformity presented by economic operators. 9. The Agency shall cooperate with economic operators or manufacturer regarding actions which could prevent or reduce risks caused by vehicles, systems, components and separate technical units made available by those operators or manufacturer. 10. Where the Agency establishes that the vehicles tested or inspected do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall require in accordance with Article 54(8) without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them within a reasonable period of time, depending on the seriousness of the established non- compliance. Where those tests and inspections put into question the correctness of the type approval itself, the Agency shall inform the approval authority or national authorities concerned as well as the Forum for Exchange of Information on Enforcement. 11. Where the Agency decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority. 12. The Agency shall take appropriate measures to alert users within the European Union including the relevant type approval authorities within an adequate timeframe of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. 13. The Agency shall develop, in close corporation with the Member States, an EU wide remote sensing network, to monitor the real world emissions of the car fleet and to identify the excessively polluting vehicles in order to focus in- service conformity checks. 14. The Agency shall coordinate the market surveillance authorities of different Member States and ensure that they cooperate with each other and share with each other and with the Agency the results of their market surveillance activities. Where appropriate, the market surveillance authorities may agree on work-sharing and specialisation. 15. The Agency shall publish annual report on its findings following any compliance verification testing it has carried out. The reports shall be accessible to the public. 16. The Agency shall carry out audits of the approval authorities in accordance with Article 71. 17. The Agency shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union. 18. The Agency's work should be transparent. Effective control by the European Parliament should be ensured and, to this end, the European Parliament should have the possibility of hearing the Executive Director of the Agency. The Agency should also apply the relevant Community legislation concerning public access to documents.
2016/10/18
Committee: IMCO
Amendment 372 #
Proposal for a regulation
Article 6 – paragraph 2
2. Member States shall permit the placing on the market, registration or entry into service of only those vehicles, systems, components and separate technical units that comply with the requirements set out in this Regulation. To facilitate market surveillance of in-service vehicles, Member States' registration authorities will maintain a database linking the vehicle license plates issued to each vehicle to the vehicle VIN, the vehicle type and the associated vehicle type-approval and certificate of conformity. The vehicle type and certificate of conformity information associated with any license plate observed on-road in the Union shall upon request be made promptly available without charge to the Agency, to market surveillance authorities, to national authorities, to technical service authorities and their agents.
2016/10/18
Committee: IMCO
Amendment 373 #
Proposal for a regulation
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.deleted
2016/10/18
Committee: IMCO
Amendment 378 #
Proposal for a regulation
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.deleted
2016/10/18
Committee: IMCO
Amendment 389 #
Proposal for a regulation
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. The Member State concerned shall make a summary of the results accessible to the public.deleted
2016/10/18
Committee: IMCO
Amendment 401 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall ensure that the vehicle provided by the manufacturer for the purpose of type- approval testing is fully representative of the vehicle to be produced and placed on the market and which testing does not lead to test results that are systematically divergent from the performance of those vehicles operated under conditions that may reasonably be expected to be encountered in normal operation and use.
2016/10/18
Committee: IMCO
Amendment 433 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
3a. For verifying emissions of vehicles, market surveillance authorities may make use of remote sensing technology to help identify highly polluting vehicle models for further investigation. In doing so, the authorities shall cooperate and coordinate their activities with authorities responsible for periodic technical inspections pursuant to Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles.
2016/10/18
Committee: IMCO
Amendment 446 #
Proposal for a regulation
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 Member State concerned shall make a summary of the results accessible to the public.deleted
2016/10/18
Committee: IMCO
Amendment 453 #
Proposal for a regulation
Article 8 – paragraph 8
8. The market surveillance authorities of different Member StatMember States that choose to carry out market surveillance activities shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the CommissionAgency the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
2016/10/18
Committee: IMCO
Amendment 465 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
10a. Market surveillance authorities shall publish the results of their control activities either on their own internet platform or on the website of the Agency.
2016/10/18
Committee: IMCO
Amendment 579 #
Proposal for a regulation
Article 11 – paragraph 1
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that he has manufactured and that have been placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation, and that they continue to comply with those requirements regardless of the testing method used.
2016/10/18
Committee: IMCO
Amendment 583 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a. When applying for an EU type approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedure when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
2016/10/18
Committee: IMCO
Amendment 637 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
The distributor 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 environment or safety aspects of the vehicles shall be communicated to the importer or manufacturer without delay.
2016/10/18
Committee: IMCO
Amendment 654 #
Proposal for a regulation
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 performances of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated to a whole vehicle. The type approval authority that approves the whole vehicle shall be the responsible authority for the type approval.
2016/10/18
Committee: IMCO
Amendment 675 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
The approval authority may, by reasonedand the responsible technical service may, by request, also require the manufacturer to supply any additional information needed, to take a decision on which tests are required, or to facilitate the execution of those tests. Any future software or calibration update, which has an effect on the approved features of the vehicle, system, component or separate technical unit within the scope of this Regulation, shall be reported to the approval authority on a regular basis. The approval authority shall decide on a case- by-case basis if such a software or calibration change requires additional scientific evidence and proof of conformity from the manufacturer. The approval authority and the responsible technical service shall observe confidentiality where necessary in order to protect commercial secrets, unless it is in the public interest, subject to the obligation of information laid down in Article 5b(4) in order to protect the interests of users in the Union. The manufacturer shall communicate to the approval authority and the technical service - in a standardised form - the version of the safety and emissions-related software at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters.
2016/10/18
Committee: IMCO
Amendment 684 #
Proposal for a regulation
Article 24 – paragraph 5 a (new)
5a. The approval authority may refuse to approve a vehicle emissions control defeat device on the basis of the information included in the information folder by consideration of currently best available technology. The approval authority shall refuse to grant EU type-approval where it finds that a defeat devices has been unlawfully incorporated.
2016/10/18
Committee: IMCO
Amendment 704 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
3a. In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
2016/10/18
Committee: IMCO
Amendment 709 #
Proposal for a regulation
Article 29 – paragraph 2
2. An approval authority that has granted a whole-vehicle type-approvalThe Agency shall verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. The Agency shall inspect at least 20% of all type-approved vehicles placed on the European market each year.
2016/10/18
Committee: IMCO
Amendment 807 #
Proposal for a regulation
Article 47 – paragraph 6
6. Member States shall keep records of the VIN of the vehicles that they permitted to be made available on the market, registered or entered into service in accordance with this Article. To facilitate market surveillance of in-service vehicles, Member States' registration authorities will maintain a database linking the vehicle license plates issued to each vehicle to the vehicle VIN, the vehicle type and the associated vehicle type-approval and certificate of conformity. The vehicle type and certificate of conformity information associated with any license plate observed on-road in the Union shall upon request be made promptly available without charge to the Agency, to market surveillance authorities and to national authorities.
2016/10/18
Committee: IMCO
Amendment 871 #
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 2
Where the approval authority or the Agency finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought into conformity. Where necessary, it shall withdraw the authoriszation or in case of the Agency required the approval authority that granted the type-approval to withdraw the authorization.
2016/10/18
Committee: IMCO