445 Amendments of Christel SCHALDEMOSE related to 2016/0014(COD)
Amendment 42 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation should ensure that the national type-approval authorities interpret, apply and enforce the requirements of this Regulation across the Union. The Commission should be empowered to oversee the work of the national authorities by means of regular audits, re-tests of a random sample of the type-approvals issued and general monitoring of the harmonised application of this Regulation.
Amendment 46 #
Proposal for a regulation
Recital 9
Recital 9
(9) An effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by, inter alia, providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing and harmonising the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type- approval under the responsibility of type- approval authorities . The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to assure their consistent application across all Member States. The assessment methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services. In order to ensure adequate oversight and level playing field across Europe, the assessment of the applicant technical service should include the on- site assessment and witnessing the actual type-approval tests.
Amendment 59 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure that tests and reports provided by technical services are not influenced by non-legitimate circumstances, the organisation and operation of technical services should ensure full impartiality. To this extent the in-house technical services of the manufacturer should not carry out type- approval and conformity testing for safety, fuel consumption, emissions and other compliance aspects of vehicles and those should be verified by independent third party laboratories only. To be able to carry out their tasks in a coherent and systematic manner the technical services should possess a satisfactory management system including provisions on professional secrecy. In order to allow technical services to perform their work properly, the level of knowledge and competence and independence of their personnel should be guaranteed at all times.
Amendment 61 #
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviewsubject to regular supervisory controls at Union level, including independent audits, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
Amendment 68 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to ensure independent testing for in-service compliance throughout the complete life-cycle of all applicable vehicles, robust and mandatory emission testing methods should be developed in order to provide roadworthiness test requirements that are based on the combination of direct tailpipe testing and of OBD testing, including the establishment of test methods for the measurement of NOx during the periodic emission testing pursuant to Directive 2014/45/EU and particulate levels and of their limit values. In particular, new remote sensing technologies can be used to identify grossly polluting vehicles on the road and focus in-service compliance testing for the regulated emission limits (PN, NOx, CO and HC) on these vehicles as the most cost-effective way to carry out periodic technical inspections in the future.
Amendment 72 #
Proposal for a regulation
Recital 24
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. Moreover, it should be based on clear and detailed criteria and include among others random percentage checks on all current models, on vehicles with a new engine or technology installed, on vehicles with high or very low fuel economy, on vehicles with a very high sales volume and take into account past history of compliance, tips from consumers, results of remote sensing testing as well as concerns of independent research bodies.
Amendment 74 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In pursuing the objectives of this Regulation, of Regulation 715/2007 and of Directive 2007/46/CE of the European Parliament and of the Council for the type approval of motor vehicles and their trailers, implemented by national authorities and technical services in the Member-States, the establishment of a European entity for market surveillance and type-approval (referred to as "European authority") within the existing institutional framework and with respect for the balance of power in the European Union, that would carry out the tasks and responsibilities attributed to the European Commission under this Regulation, would ensure a high level of expertise and harmonisation, for the purpose of the good functioning of the Single Market to the gain of consumers and undertakings, as well as a high level of protection of public health and environment. To this end, special consideration should therefore be given to the extension of the competencies of the European Railway Agency to all land transports, including type-approval and market surveillance of motor vehicles activities.
Amendment 78 #
Proposal for a regulation
Recital 27
Recital 27
(27) The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service.
Amendment 78 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and, with the Commission and with the European authority for market surveillance and type-approval. They should consult each other and, the Commission and the European authority on questions with general relevance for the implementation of this Regulation and inform each other and, the Commission and the European authority on their model assessment checklist.
Amendment 79 #
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose but other than the technical service that performed the testing for type- approval purpose, and be subject to regular verification by means of independent periodic audits. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.
Amendment 80 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Member States should levy fees for the designation and monitoring of technical services to ensure sustainability of the monitoring of those technical services by Member States and to establish a level playing field for technical services. In order to ensure transparency, the Member States should inform the Commission, the European authority and the other Member States before they adopt the level and structure of the fees.
Amendment 82 #
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionEuropean authority should have the possibility to investigate individual cases.
Amendment 87 #
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authority is fundamental for ensuring a consistently high level of safety and health and environmental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a Forum should be established for Member States, the European authority and the Commission to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework.
Amendment 88 #
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shallould report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 90 #
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionEuropean authority should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non-compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the CommissionEuropean authority should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and to investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014- 2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resources. The CommissionEuropean authority should be entitled to impose administrative fines where non-compliance is established.
Amendment 93 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
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 parameter 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 regularly pertaining in the territory of the Union and encountered either during normal vehicle operation or outside the type-approval test procedures;
Amendment 94 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
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;
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
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;
Amendment 95 #
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission and the European authority annually, to monitor the coherence of the implementation of these provisions.
Amendment 98 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to properly implement the compliance verification by the CommissionEuropean authority and to ensure a level playing field for economic operators and national authorities, the CommissionEuropean authority should be competent to impose harmonized administrative fines upon the economic operators found to have infringed upon this regulation regardless of where the vehicle, system, component or separate technical unit was originally type-approved.
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 1 – point 44 a (new)
Article 3 – paragraph 1 – point 44 a (new)
(44a) '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;
Amendment 106 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators without prior notice and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
Amendment 107 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
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;
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
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;
Amendment 109 #
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 fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission and third parties upon request. The Member State concerned shall make a summaryfull report of the results accessible to the general public, in particular the number of type-approval granted and rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘approval authority’ means the authority or authorities of a Member State, notified to the Commission and the European authority by that Member State, with competence 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;
Amendment 113 #
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 fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission and third parties upon request. The Member State concerned shall make a summaryfull report of the results accessible to the publicgeneral public free of charge, 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 116 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
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.
Amendment 117 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall interpret and enforce the requirements of this Regulation in a uniform and consistent manner to avoid divergent standards being applied across the Union. They shall cooperate with the Commission and the Forum in its monitoring and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 118 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Approval authorities shall carry out their duties independently and impartially. They 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 9(3) in order to protect the interests of users in the Union.
Amendment 120 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Commission mayshall adopt implementing acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 121 #
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 and the European authority of the establishment and appointment of such authorities.
Amendment 122 #
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 that are representative of the number of vehicles in that member state. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. 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. In case of vehicles, market surveillance authorities shall aim to cover annually at least 20% of the new models put on the market of the Member State concerned each year to verify that the vehicles comply with the Union safety and environmental legislation.
Amendment 128 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
When technical services are designated for the purposes of fulfilling the requirements of this Article, market surveillance authorities shall ensure that a different technical service is used from the one performing tests for the purpose of the original type-approval.
Amendment 131 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. This shall include access to software, algorithms, engine control units and any other technical specifications necessary.
Amendment 135 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
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.
Amendment 136 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Market surveillance authorities shall take appropriate measures to alert users within their territories 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. This information shall be made available online in plain and understandable language.
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The cost of the market surveillance activities pursuant to this article shall be borne by the manufacturers of the vehicles, systems, components and separate technical units concerned.
Amendment 141 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the market surveillance authorities of one Member State 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.
Amendment 143 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Market surveillance authorities shall carry out their duties independently and impartially. They 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 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
Amendment 146 #
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 fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission, the Forum and third parties 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 conformity with this regulation together with the identity of the corresponding manufacturers.
Amendment 150 #
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1 a (new)
Article 8 – paragraph 8 – subparagraph 1 a (new)
The market surveillance authorities shall make publicly available, at least every two years, a summary report of the scope, scale and results of their market surveillance activities.
Amendment 153 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission mayshall adopt implementdelegated acts ing actscordance with Article 88, 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 implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2) and criteria for the selection of the vehicles for testing.
Amendment 160 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Those tests and inspections may take placeshall be carried out on - new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below. and - registered vehicles in agreement with the vehicle registration holder.
Amendment 162 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Amendment 164 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are fully representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval and be as close as possible to the vehicle used in real world conditions. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Commission may require.
Amendment 169 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member States shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the CommissionEuropean authority the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 172 #
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, including 'road load test data'. 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 175 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 a (new)
Article 9 – paragraph 5 – subparagraph 1 a (new)
Any remedy action taken by the Commission pursuant to its verification testing shall apply Union-wide and shall be implemented by the national authorities in a harmonised and consistent manner. Such Union corrective action may include uniform compensation to consumers if the original vehicles' performance was altered following the remedy action taken as well as financial compensation for any external negative impacts (air quality, public health, etc.).
Amendment 175 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a For a European surveillance entity : modification of European Railway Agency into European Land Transports Agency 36 months after entry into force of this Regulation, European Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on enforcement of the new provisions for type-approval and market surveillance of motor vehicles, followed by a legislative initiative aiming at extending competences of the European Railway Agency, to include type-approval and market surveillance of motor vehicles.
Amendment 177 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the Commission and the European authority and enforcement co- ordination with Member States
Amendment 179 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionEuropean authority 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.
Amendment 182 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Forum foron Enforcement and Exchange of Information on Enforcement
Amendment 184 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establish and chair a Forum foron Enforcement and Exchange of Information on Enforcement (‘the Forum’).
Amendment 185 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Commission a European authority a statistically relevant number of production vehicles, systems, components and separate technical units selected by the CommissionEuropean authority 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 CommissionEuropean authority may require.
Amendment 186 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States, representatives of the Commission and the European Parliament. As observers, it shall include representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups.
Amendment 189 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionEuropean authority to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the CommissionEuropean authority 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).
Amendment 192 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
The Forum shall carry out joint audits of the national type-approval authorities every 3 years to verify they comply with the requirements of this Regulation and carry out their duties in an independent and rigorous manner. The audits shall include a verification of the national type approval procedures put in place, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the audit and decide on its participation on the basis of a risk assessment analysis. If the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the audit. The Forum shall have powers to levy sanctions on the authority concerned. Other Member States shall not recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation and the audit recommendations is put in place. The Forum shall coordinate market surveillance activities in line with Article 8 to avoid duplication and ensure cost- effectiveness. It shall in particular advise on the samples to be checked according to the principles of risk assessment and ensure the required number of vehicles, systems, components and separate technical units is surveyed by the market surveillance authorities annually across the Union.
Amendment 194 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall also comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.
Amendment 195 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
All decisions taken and recommendations agreed upon by the Forum shall be made public including on recalls.
Amendment 196 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the CommissionEuropean authority 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.
Amendment 197 #
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, audit procedures, including sanctions, referred to in paragraph 2, working methods and rules of procedure of the Forum.
Amendment 200 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the CommissionEuropean authority shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 202 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for 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 procedures 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.
Amendment 202 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionEuropean authority shall publish a report of its findings following any compliance verification testing it has carried out.
Amendment 204 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. Any remedy action taken by the European authority pursuant to its verification testing shall apply Union- wide and shall be implemented by the national authorities in a harmonised and consistent manner. Such EU corrective action may include uniform compensation to consumers if the original vehicles' performance was altered following the remedy action taken as well as financial compensation for any external negative impacts (air quality, public health, etc.).
Amendment 206 #
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 220 #
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 is still in conformity with those type approvals when incorporated into a whole vehicle.
Amendment 220 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring an adequate high level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively.
Amendment 221 #
Proposal for a regulation
Recital 8
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.
Amendment 224 #
Proposal for a regulation
Article 22 – paragraph 1 – point b a (new)
Article 22 – paragraph 1 – point b a (new)
(ba) detailed technical descriptions and calibration specifications for all emission- related components (Base Emission Strategy)
Amendment 224 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. The Commission shall adopt delegated acts in accordance with Articles 88 to set out criteria according to which an application for one of the exceptions to the prohibition of vehicle emissions control defeat devices in accordance with Article 5(2) of Regulation 715/2007 is evaluated and conditions under which it may be approved or rejected.
Amendment 225 #
Proposal for a regulation
Article 22 – paragraph 1 – point b b (new)
Article 22 – paragraph 1 – point b b (new)
(bb) a list of all defeat devices or any Auxiliary Emission Strategy, including a description of the parameters that are modified by any AES and the boundary conditions under which the AES operate, and indication of which AES and BES are likely to be active under all range of ambient conditions, detailed technical descriptions and calibration specifications, as well as a detailed justification of each defeat device that results in a reduction in effectiveness of the emission control system, and rationale for why it is not a defeat device prohibited under Article 5(2) of Regulation 715/2007,
Amendment 225 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) For the purposes of compliance with this Regulation, regard should be had to the provisions of Directive 2014/45 of the European Parliament and of the Council1a . __________________ 1aDirective 2014/45 of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
Amendment 226 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the Commission bu. It may also be additionally supplied on paper.
Amendment 226 #
Proposal for a regulation
Recital 8 b (new)
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.
Amendment 230 #
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 vehicleafety and emissions-related software and hardware and to algorithms of the vehicle as well as an appropriate insight into the system development process of software and hardware, while taking into account their respective duties.
Amendment 231 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1 a (new)
Article 23 – paragraph 4 – subparagraph 1 a (new)
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.
Amendment 232 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
The approval authority and the responsible technical service may, by reasoned request, also require the manufacturer to supply any additional information neededwhich is necessary to take a decision on which tests are required, or to facilitate the execution of those tests.
Amendment 233 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2 a (new)
Article 23 – paragraph 4 – subparagraph 2 a (new)
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 9(3) in order to protect the interests of users in the Union.
Amendment 235 #
Proposal for a regulation
Article 24 – paragraph 2 – point c a (new)
Article 24 – paragraph 2 – point c a (new)
(ca) the validity of the justification given for the installation of a defeat device in accordance with Art 5(2) of Regulation 715/2007
Amendment 236 #
Proposal for a regulation
Recital 11
Recital 11
(11) Designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to supervisory controls at Union level by the Agency, including independent audits as a condition for the renewal of their notification after five years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their products.
Amendment 237 #
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
Amendment 238 #
Proposal for a regulation
Article 24 – paragraph 6 a (new)
Article 24 – paragraph 6 a (new)
6a. The Commission shall adopt delegated acts in accordance with Article 88 to set out criteria according to which an application for one of the exceptions to the prohibition of vehicle emissions control defeat devices in accordance with Article 5(2) of Regulation (EC) No 715/2007 is evaluated and conditions under which it may be approved or rejected.
Amendment 241 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed solely and in full by designated technical services.
Amendment 241 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the CommissionAgency. They should consult each other and the CommissionAgency on questions with general relevance for the implementation of this Regulation and inform each other and the CommissionAgency on their model assessment checklist.
Amendment 242 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The manufacturer shall provide the approval authoritytechnical service with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.
Amendment 243 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The required tests shall be performed on those vehicles, systems, components and separate technical units that are strictly representative of the type to be approved.
Amendment 243 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the CommissionEuropean authority but may also be supplied on paper.
Amendment 244 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1 a (new)
Article 28 – paragraph 3 – subparagraph 1 a (new)
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.
Amendment 246 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. An approval authority that has granted a whole-vehicle type-approval 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. An approval authority shall inspect every year at least 20% of all new car models which have been type- approved and produced.
Amendment 247 #
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, applying best available testing technology, on samples taken at random at the premises of the manufacturer, including production facilities or dealership. These tests shall be carried out by a different technical service than the one that performed the original testing for the purpose of type-approval.
Amendment 249 #
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionAgency should have the possibility to investigate individual cases.
Amendment 251 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. An approval authority that has granted an EU type-approval and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly and immediately brought back into compliance or withdraw the type- approval.
Amendment 252 #
Proposal for a regulation
Article 30 – paragraph -1 (new)
Article 30 – paragraph -1 (new)
-1. Member States shall ensure that there is no conflict of interest or commercial relationship between national authorities responsible for type approval and market surveillance activities, technical services and manufacturers as regards funding for the testing activities concerned.
Amendment 255 #
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 their type-approvals and market surveillance activities as well as for activities, the type- approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 255 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a serious risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the CommissionEuropean authority a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 256 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The national fees regarding market surveillance activities carried out by the Agency in accordance with Article 5b should be levied by the Member States on the manufacturers based on the number of vehicles sold on the territory of a given Member State in a given year.
Amendment 257 #
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its contentAgency. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviewsaudits by the Agency, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
Amendment 258 #
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 CommissionEuropean authority a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 260 #
Proposal for a regulation
Recital 19
Recital 19
(19) Closer coordination between national authorities through information exchange and coordinated assessments under the direction of a coordinating authoritthe Agency is fundamental for ensuring a consistently high level of safety and health and environmental protection within the internal market. This should also lead to more efficient use of scarce resources at national level. For this purpose a Forum should be established for Member States and the CommissionAgency to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework.
Amendment 260 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The approval authority shall send, at three-monthly intervals, to the approval authorities of the other Member States and the CommissionEuropean authority a list of the EU type- approvals for systems, components or separate technical units it has issued, amended, refused to grant or withdrawn during the preceding period. That list shall contain the information specified in Annex XIV.
Amendment 262 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Funding of market surveillance activities 1. Member States shall impose an administrative charge on manufacturers to cover the costs of national surveillance activities required by this Regulation. This charge shall be proportionate to the services required from national type approval and surveillance authorities and testing services to perform their tasks and duties in line with the provisions of this Regulation. For the purposes of the above paragraph, Member States shall levy manufacturers a charge of EUR 10 per each vehicle sold on their territory in a given year. The charge shall be collected at national level and used to cover the costs, in the following year, of market surveillance activities required pursuant to the provisions of this Regulation. 2. Member States shall notify annually the details of the fees collected and the annual total cost of surveillance testing performed as a result to the other Member States and the Commission via the Forum established in article 10. The first notification shall be effected on 1 January 2019 [date of entry into force of this Regulation + 1 year]. 3. The Commission may adopt implementing acts in order to update the annual amount referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 263 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
The amendment shall be designated a ‘revision’ where the approval authority finds that despite the change in the particulars recorded in the information package the concerned type of vehicle, system, component or separate technical unit continues to comply with the applicable requirements for this type and that, therefore, no inspections or tests need to be repeated. When evaluating such revisions, the approval authority shall take into account the results of relevant market surveillance activities pursuant to Article 8 of this Regulation.
Amendment 263 #
Proposal for a regulation
Recital 20
Recital 20
(20) The rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to motor vehicles and their trailers, and to systems, components and separate technical units intended for such vehicles without preventing Member States from choosing the competent authorities to carry out those tasks. Market surveillance may be a competence shared between different national authorities to take account of the national market surveillance systems in the Member States established under Regulation (EC) No 765/2008. Effective coordination and monitoring at Union and national levels should guarantee that approval and market surveillance authorities enforce the new type-approval and market surveillance framework.
Amendment 263 #
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 CommissionEuropean authority, 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, by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 264 #
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b a (new)
Article 32 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the results of verification testing by either the Commission or the market surveillance authorities show non- conformity with any of the Union safety or environmental legislation;
Amendment 266 #
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 CommissionEuropean authority of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
Amendment 268 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to include rules on market surveillance in this Regulation in order to reinforceestablish the Agency and to clarify the rights and obligations of the national competent authorities, to ensure effective coordinand clear distribution of tasks and obligations of theirnational market surveillance activitiesuthorities and the Agency and to clarify the applicable procedures.
Amendment 272 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the Commission. That authorisation shall be given by means of an implementing act. That implementing delegated act. That delegated act shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 274 #
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 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.
Amendment 277 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 2
Article 49 – paragraph 2 – subparagraph 2
Where, in the course of that evaluation, the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall 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 immediately withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable period6 months, depending on the nature of the risk.
Amendment 277 #
Proposal for a regulation
Recital 23
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.
Amendment 279 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
The Member State mayshall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
Amendment 280 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 281 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission mayshall take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 286 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 286 #
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionThe Agency should organise and carry out or require to carry out ex-post compliance verification tests and inspections, independent from those carried out by Member States under their national market surveillance obligations. When non- compliance is established by those tests and inspections, or where it is found that a type approval has been granted on the basis of incorrect data the Commission should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned and together with the Agency investigate the reasons for the incorrectness of the type approval. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary constraints of the Multiannual Financial Framework 2014- 2020 the implementation of the legislative proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resources. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 289 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delay and make publically available a full report of the evaluation findings and proposed remedies.
Amendment 290 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The national fee structure shall also cover the costs for the compliance verification inspections and tests carried out by the CommissionEuropean authority in accordance with Article 9. These contributions shall constitute external assigned revenues for the general budget of the European Union, according to Art. 21(4) of the Financial Regulation26 . __________________ 26 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2015 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1–96).
Amendment 293 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall notify the details of their national fee structure to the other Member States and the CommissionEuropean authority. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the CommissionEuropean authority on a yearly basis.
Amendment 294 #
Proposal for a regulation
Recital 26 a (new)
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.
Amendment 297 #
Proposal for a regulation
Recital 29
Recital 29
(29) Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification by means of independent periodic audits. In addition, approval authoritiesAgency, and be subject to regular verification. In addition, the Agency should ensure the verification of the continued conformity of the products concerned.
Amendment 299 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member States every two yearsaudited by the Forum every two years in accordance with provisions of Article 10.
Amendment 301 #
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Upon reception of the notification made by the manufacturer, the approval authority that granted the EU type-approval shall communicate without delay to the approval authorities of the other Member States and the CommissionEuropean authority all relevant information for the making available on the market, registering or entering into service of vehicles, where appropriate.
Amendment 303 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StatesForum shall draw up the annual plan for the peer-reviewaudit, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.
Amendment 303 #
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported seriousany kind of 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.
Amendment 305 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review shall includeaudit shall include a verification of the type approval procedures and correct implementation of the requirements of this Regulation, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis.
Amendment 306 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the CommissionEuropean authority. That authorisation shall be given by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 307 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3 a (new)
Article 71 – paragraph 8 – subparagraph 3 a (new)
If the audit demonstrates that the authority has breached any requirements of this Regulation or the vehicles, systems, components and separate technical units are not in conformity with the type approvals it issued, the authority shall immediately take all steps necessary to bring its procedures in compliance. The Member States may decide not to recognise the type approvals issued to vehicles, systems, components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this Regulation is achieved.
Amendment 307 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to ensure that all vehicles, systems, components and separate technical units placed on the market offer a high level of safety and environmental protection, the manufacturer or any other economic operator in the supply chain should take effective corrective measures, including the recall of vehicles, where a vehicle, system, component or separate technical unit presents a serious risk for users or the environment as referred to in Article 20 of Regulation (EC) No 765/2008. Approval authoritiesThe Agency should be empowered to assess and verify whether those measures are sufficient. The authorities of other Member States' and the Commission should have the right to take safeguard measures in case they would consider that the manufacturer's corrective measures are not sufficient.
Amendment 308 #
Proposal for a regulation
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
Pending the decision on authorisation by the CommissionEuropean authority, the approval authority may issue a provisional EU type- approval, valid only in the territory of the Member State of that approval authority, in respect of a type of vehicle covered by the exemption sought. The approval authority shall inform without delay the CommissionEuropean authority and the other Member States thereof by means of a file containing the information referred to in paragraph 2.
Amendment 309 #
Proposal for a regulation
Recital 33
Recital 33
(33) Appropriate flexibility should be provided by means of alternative type- approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type- approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production in accordance with this Regulation. It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages.
Amendment 309 #
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Where appropriate, the authorisation of the CommissionEuropean authority referred to in paragraph 3 shall specify whether it is subject to any restrictions, in particular with regard to the maximum number of vehicles covered. In all cases, the EU type- approval shall be valid for at least 36 months.
Amendment 310 #
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-reviewaudit shall be communicated to all Member States and, to the Commission and third parties upon request, a summary report of the outcome shall be made publicly available. ItThe Forum shall be discussed by the Forum established in Article 10 and evaluate the results onf the basis of an assessment of this outcome carried out by the Commissaudits and shall ensure that the recommendations and issue recommendationsre implemented.
Amendment 311 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-reviewaudit report.
Amendment 312 #
Proposal for a regulation
Article 37 – paragraph 7 – subparagraph 1
Article 37 – paragraph 7 – subparagraph 1
Where the CommissionEuropean authority refuses authorisation referred to in paragraph 3, the approval authority shall immediately inform the holder of the provisional type- approval referred to in paragraph 4 that the provisional EU type-approval approval shall be revoked six months after the date of the Commission’European authority's refusal.
Amendment 313 #
Proposal for a regulation
Recital 36 a (new)
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.
Amendment 314 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Where the CommissionEuropean authority has authorised the granting of an EU type- approval in accordance with Article 37, it shall immediately take the necessary steps to adapt the regulatory acts concerned to the latest technological developments.
Amendment 315 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Once the relevant regulatory acts have been amended, any restriction in the CommissionEuropean authority decision authorising the granting of an EU type-approval shall be lifted.
Amendment 316 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 316 #
Proposal for a regulation
Recital 37 a (new)
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.
Amendment 317 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 318 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the CommissionEuropean authority may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 320 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
A technical service shall be an independent third-party organiszation or body that is notthat has no legal ties to any manufacturer or parts supplier, nor has itself any involvedment in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects.
Amendment 321 #
Proposal for a regulation
Recital 40
Recital 40
(40) Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and, dissuasive and guarantee that the consumer receives a fair compensation. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
Amendment 322 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 326 #
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 AB 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.
Amendment 327 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to properly implement the compliance verification by the CommissionAgency and to ensure a level playing field for economic operators and national authorities, the Commission should be competent to impose harmonized administrative fines upon the economic operators found to have infringed upon this regulation regardless of where the vehicle, system, component or separate technical unit was originally type- approved.
Amendment 328 #
Proposal for a regulation
Article 76 – paragraph 2 – point c a (new)
Article 76 – paragraph 2 – point c a (new)
(ca) the in-house technical service shall be audited according to the provisions of Article 77;
Amendment 328 #
Proposal for a regulation
Recital 45
Recital 45
(45) Since the objectives of this Regulation, namely to lay down harmonised rules on the administrative and technical requirements for the type- approval of vehicles of categories M, N and O, and of systems, components and separate technical units, and on market surveillance of such vehicles, systems, components and separate technical units, cannot be sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, be better achieved at Union level, the Union mayshould adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union by establishing the Agency. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes the requirements for the market surveillance, throughout their lifetime, of vehicles, systems, components and separate technical units that are subject to approval in accordance with this Regulation, as well as of parts and equipment for such vehicles.
Amendment 331 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The relevant approval authority shall inform the CommissionEuropean authority and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 332 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. An in-house technical service does not need toshall be notified to the Commission for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authorityas set out in Article 78.
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the substantivall the requirements of this Regulation:
Amendment 334 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
Article 77 – paragraph 1 – subparagraph 1
Before designating a technical service, the type-approval authority shall assess it in accordance with an harmonized assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub- contractor, located inside or outside the Union.
Amendment 334 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionEuropean authority and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 335 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of the Commission, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment and witnessing the actual type-approval tests. The designating type-approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
Amendment 336 #
Proposal for a regulation
Article 77 – paragraph 12
Article 77 – paragraph 12
Amendment 338 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation, in particular Articles 11 to 19 and 72 to 76, 84 and 85 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the concerned Member State market, or the number of non-compliant systems, components or separate technical unit made available on the concerned Member State market.
Amendment 338 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
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;
Amendment 338 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the CommissionEuropean authority and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non- conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 339 #
Proposal for a regulation
Article 89 – paragraph 2 – point b
Article 89 – paragraph 2 – point b
(b) falsifying test results for type- approval; or surveillance testing
Amendment 339 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
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;
Amendment 340 #
Proposal for a regulation
Article 89 – paragraph 2 – point c a (new)
Article 89 – paragraph 2 – point c a (new)
(ca) use of illegal defeat devices
Amendment 340 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
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;
Amendment 340 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the CommissionEuropean authority in accordance with Article 51.
Amendment 342 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 343 #
Proposal for a regulation
Article 90 a (new)
Article 90 a (new)
Amendment 345 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘approval authority’ means the authority or authorities of a Member State, notified to the Agency and Commission, by that Member State, with competence 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, and for designating the technical services, and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;
Amendment 345 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the CommissionEuropean authority has considered that a national measure is contrary to Union legislation, the CommissionEuropean authority shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the CommissionEuropean authority shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 346 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) 715/2007
Article 5 – paragraph 2 – subparagraphs 1a and 1db(new)
Article 5 – paragraph 2 – subparagraphs 1a and 1db(new)
(3a) in Article 5, the following subparagraphs are added to paragraph 2: 'Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation 2016/646/EU, shall provide the type-approval authority with all information, including technical justification, that may be reasonably required by the type-approval authority to determine whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under Article 5(2) of Regulation (EC) 715/2007 is applicable. The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.'.
Amendment 347 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
The CommissionEuropean authority shall address its decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission accordingly.
Amendment 348 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the CommissionEuropean authority considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non- compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the Commission accordingly. Where the CommissionEuropean authority considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the CommissionEuropean authority decision referred to in paragraph 1.
Amendment 349 #
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the CommissionEuropean authority shall propose appropriate measures as follows:
Amendment 351 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘'technical service’' means an national organisation or body established on the territory of the approval authority and designated body designated by the approval authority as a testing laboratory to carry out tests, and or as a conformity assessment body to carry out the initial assessment and other tests or inspections foreseen by this regulation on behalf of the approval authority;
Amendment 352 #
Proposal for a regulation
Article 96 – paragraph 1
Article 96 – paragraph 1
1. This Regulation shall not invalidate any whole-vehicle type-approval or EU type-approval granted to vehicles or to systems, components or separate technical units before [PO: please insert the date of application as mentioned in Article 98]1 January 2018.
Amendment 352 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Member State shall within one month of the request referred to in paragraph 1 provide the CommissionEuropean authority and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
Amendment 353 #
Proposal for a regulation
Article 96 – paragraph 3
Article 96 – paragraph 3
3. The validity of whole-vehicle type- approvals referred to in paragraph 1 shall terminate at the latest on [PO: please insert the date, which should be the date of application as mentioned in Article 98 + 5 years]1 January 2023 and approval authorities may only renew those whole-vehicle type-approvals in accordance with the provisions of Article 33 of this Regulation.
Amendment 354 #
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
1. By 31 December 20xx [PO: please insert the year, which should be the year of application as mentioned in Article 98 + 5 years]23, Member States shall inform the Commission of the application of the type- approval and market surveillance procedures laid down in this Regulation.
Amendment 354 #
Proposal for a regulation
Article 3 – paragraph 1 – point 46
Article 3 – paragraph 1 – point 46
(46) ‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting, periodic monitorroad worthiness testing, repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is used or provided by the manufacturer to, including his authorised dealers and repairerpartners, dealers, repairers and network, to offer products or services for vehicle repair and maintenance purposes, including all subsequent amendments and supplements to that information;
Amendment 354 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The CommissionEuropean authority shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the CommissionEuropean authority shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 355 #
Proposal for a regulation
Article 98 – paragraph 2
Article 98 – paragraph 2
It shall apply from 1 January 201X8.
Amendment 355 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. The CommissionEuropean authority shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators.
Amendment 356 #
Proposal for a regulation
Article 3 – paragraph 1 – point 47 a (new)
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;
Amendment 356 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the CommissionEuropean authority 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-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 361 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionEuropean authority shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 362 #
Proposal for a regulation
Article 5 a (new)
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.
Amendment 363 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Amendment 363 #
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the CommissionEuropean authority and the other Member States.
Amendment 365 #
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
Article 54 – paragraph 8 – subparagraph 1
Where, within one month after the notification of the restrictive measures taken by an approval authority or a market surveillance authority in accordance with Article 53(1), an objection has been raised by another Member State in respect of the notified restrictive measure or where the CommissionEuropean authority establishes a non- compliance in accordance with Article 9(5), the CommissionEuropean authority shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation made by the European authority, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 367 #
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 CommissionAgency of the establishment and appointment of such authorities.
Amendment 368 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
That notification shall include the name of those authorities, their address, including their electronic address, and their competences. The Commission shall publish on its website a list and details of the approval authorities and, where applicable, the market surveillance authorities.
Amendment 368 #
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 2
Article 54 – paragraph 8 – subparagraph 2
The Commission shall address itsthe decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission and the European authority accordingly.
Amendment 370 #
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 372 #
Proposal for a regulation
Article 6 – paragraph 2
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.
Amendment 373 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 377 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
6. An approval authority that disagrees with the authorisation issued by another Member State shall bring the reasons for its disagreement to the attention of the Commission. The CommissionEuropean authority. The European authority shall take the appropriate measures in order to resolve the disagreement, which may include, where necessary, requiring the withdrawal of the authorisation, after having consulted the relevant approval authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 378 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 378 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the CommissionEuropean authority without delay.
Amendment 380 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Where an approval authority or the CommissionEuropean authority considers that the remedies referred to in Article 57(3) are insufficient or are not implemented quickly enough, they shall notify their concern to the approval authority that granted the EU type-approval and the CommissionEuropean authority without delay.
Amendment 382 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
The approval authority that granted the EU type-approval shall request the manufacturer to take corrective measures to address the concerns notified. Where the manufacturer does not propose and implement effective corrective measures, the approval authority that granted the EU type-approval shall take all restrictive measures required, including the withdrawal of the EU type-approval and mandatory recall, and inform the approval authorities of the other Member States and the CommissionEuropean authority about the restrictive measures taken. In the case of withdrawal of the EU type-approval, the approval authority shall inform without delay the manufacturer by registered letter or equivalent electronic means of that withdrawal.
Amendment 384 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Where an approval authority considers that the restrictive measures taken by the approval authority that granted the EU type-approval pursuant to article 58(1) are not sufficient or timely enough, .it shall inform the CommissionEuropean authority thereof and it may take appropriate restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned non-compliant vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them.
Amendment 385 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 386 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1
Article 58 – paragraph 3 – subparagraph 1
The CommissionEuropean authority shall hold appropriate consultations with the parties involved and shall decide whether the restrictive measures taken by the approval authority that granted the EU type-approval are sufficient and timely enough, and where necessary, propose appropriate measures to ensure that the conformity is restored and/or the serious risk referred to in Article 57(3) is effectively neutralised. That decision shall also address the suitability of the restrictive measures taken by approval authorities who considered the action taken by the approval authority that granted the EU type-approval as not sufficient or timely enough. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 387 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 2
Article 58 – paragraph 3 – subparagraph 2
The CommissionEuropean authority shall address its decision to the Member States concerned and shall immediately communicate it to the relevant economic operators.
Amendment 389 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 389 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Member States shall implement without delay the CommissionEuropean authority decision and inform the Commission accordingly.
Amendment 391 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where, within one month of receipt of the notification regarding the approved remedies referred to in Article 57(3), no objection has been raised against those remedies by either another Member State or the CommissionEuropean authority, those remedies shall be deemed justified. The other Member States shall ensure that those remedies are applied in respect of the vehicles, systems, components or separate technical units concerned that have been made available on the market, registered, or entered into service in their territory.
Amendment 401 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
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.
Amendment 401 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Forum referred to in paragraph 1 shall advise the Commission and the European authority on measures to prevent misuse of vehicle OBD and vehicle repair and maintenance information.
Amendment 404 #
Proposal for a regulation
Article 71 – paragraph 7
Article 71 – paragraph 7
7. Member States shall provide the CommissionEuropean authority and the other Member States with information on their procedures for the assessment, designation and notification of technical services and for the monitoring of technical services, and of any changes thereto.
Amendment 409 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where an approval authority is informed in accordance with Articles 8(5), 9(55b(10), 5b(11), 52(4) or 54, it shall take all necessary measures to review the approval granted and, where appropriate, correct or withdraw the approval depending on the reasons and the seriousness of the deviations demonstrated.
Amendment 412 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Commission may adopt implementingdelegated acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 414 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Amendment 414 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the CommissionEuropean authority.
Amendment 416 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shallmay perform regular checks to verify compliance of vehicles, systems, components and separate technical units, throughout their lifetime, 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, complaints and other information.
Amendment 419 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysisEuropean authority can participate in the review.
Amendment 422 #
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-review shall be communicated to all Member States and to the CommissionEuropean authority and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the CommissionEuropean authority and issue recommendations.
Amendment 427 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the CommissionEuropean authority and the other Member States on how it has addressed the recommendations in the peer-review report.
Amendment 430 #
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision of the tests 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 431 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 432 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 433 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
Amendment 434 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
A technical service shall be an independent third-party organiszation or body that is notthat has no legal ties to any manufacturer or parts supplier, nor has itself any involvedment in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects.
Amendment 435 #
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.
Amendment 436 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 439 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. An in-house technical service does not need to be notified to the Commission European authority for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type- approval authority at the request of that authority.
Amendment 444 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of the CommissionEuropean authority, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type- approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
Amendment 446 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 451 #
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
5. The Member States shall notify to the CommissionEuropean authority the names of the representatives of the type-approval authority to call upon for each joint assessment.
Amendment 453 #
Proposal for a regulation
Article 8 – paragraph 8
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.
Amendment 453 #
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1
Article 77 – paragraph 7 – subparagraph 1
The type-approval authority shall notify the assessment report to the CommissionEuropean authority and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.
Amendment 456 #
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
8. The type-approval authorities of the other Member States and the Commission European authority may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence..
Amendment 458 #
Proposal for a regulation
Article 77 – paragraph 10
Article 77 – paragraph 10
10. The type-approval authorities of the other Member States or the CommissionEuropean authority may individually or jointly address recommendations to the type- approval authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That type-approval authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that type-approval authority decides not to follow the recommendations addressed by the other Member States or the CommissionEuropean authority, it shall give the reasons therefor within two weeks after taking its decision.
Amendment 459 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
Amendment 462 #
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
Member States shall notify to the CommissionEuropean authority the name, the address, including the electronic address, the responsible persons and the category of activities of every technical service that they have designated. The notification shall clearly specify the scope of the designation, the conformity assessment activities and procedures, the type of products and the subjects listed in Annex IV for which the technical services have been designated, and subsequent modifications to any of those details.
Amendment 465 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
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.
Amendment 465 #
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 1
Article 78 – paragraph 2 – subparagraph 1
Within 28 days of a notification, a Member State or the CommissionEuropean authority may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the type-approval authority. When a Member State or the CommissionEuropean authority raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall decide by means of an implementing act whether the suspension of the notification can be lifted or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 467 #
Proposal for a regulation
Article 9
Article 9
Amendment 468 #
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 2
Article 79 – paragraph 1 – subparagraph 2
The type-approval authority shall immediately inform the CommissionEuropean authority and the other Member States of any suspension, restriction or withdrawal of a notification.
Amendment 470 #
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 3
Article 79 – paragraph 1 – subparagraph 3
The CommissionEuropean authority shall update the information published referred to in Article 78(4) accordingly.
Amendment 472 #
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 1
Article 79 – paragraph 3 – subparagraph 1
The type-approval authority shall inform the other type-approval authorities and the CommissionEuropean authority when non-compliance of the technical service has an impact on type- approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification.
Amendment 474 #
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 2
Article 79 – paragraph 3 – subparagraph 2
Within two months after having notified the changes to the notification, the type- approval authority shall submit a report on its findings regarding the non-compliance to the CommissionEuropean authority and the other type- approval authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating type-approval authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued.
Amendment 478 #
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 1 – point a
Article 79 – paragraph 4 – subparagraph 1 – point a
(a) in the case of suspension of a notification, on condition that, within three months after the suspension, the type- approval authority that issued the type- approval certificate confirms in writing to the type-approval authorities of the other Member States and the CommissionEuropean authority that it is assuming the functions of the technical service during the period of suspension;
Amendment 481 #
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 2
Article 79 – paragraph 4 – subparagraph 2
The type-approval authority assuming the functions of the technical service shall immediately inform the other type- approval authorities, the other technical services and the CommissionEuropean authority thereof.
Amendment 483 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Technical services shall respond without delay to requests by a type- approval authority or by the CommissionEuropean authority in relation to the conformity assessments they have carried out.
Amendment 485 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 2
Article 80 – paragraph 3 – subparagraph 2
When the type-approval authority of the Member State in which the technical service is established invokes a legitimate reason, it shall inform the CommissionEuropean authority thereof.
Amendment 488 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 3
Article 80 – paragraph 3 – subparagraph 3
The CommissionEuropean authority shall consult without delay the Member States. On the basis of that evaluation, the CommissionEuropean authority shall decide by means of an implementing act whether the legitimate reason is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 489 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 4
Article 80 – paragraph 3 – subparagraph 4
The technical service or the type-approval authority may request that any information transmitted to the authorities of another Member State or, to the Commission or to the European authority shall be treated confidentially.
Amendment 492 #
Proposal for a regulation
Article 80 – paragraph 4 – subparagraph 2
Article 80 – paragraph 4 – subparagraph 2
Within two months after finalising this assessment of the technical service, the Member States shall report to the CommissionEuropean authority and to the other Member States on those monitoring activities. The reports shall contain a summary of the assessment which shall be made publicly available.
Amendment 496 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Article 81 – paragraph 1 – subparagraph 1
The CommissionEuropean authority shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.
Amendment 498 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2
Article 81 – paragraph 1 – subparagraph 2
The CommissionEuropean authority shall investigate the responsibility of the technical service in the case where it is demonstrated or where there are justified grounds to consider that a type approval has been granted on the basis of false data or that the test results have been falsified or that data or technical specifications have been withheld that would have led to the refusal to grant the type approval,.
Amendment 500 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. The CommissionEuropean authority shall consult the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type- approval authority of that Member State shall provide the CommissionEuropean authority, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.
Amendment 503 #
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The Commission and the European authority shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Amendment 505 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 1
Article 81 – paragraph 4 – subparagraph 1
Where the CommissionEuropean authority ascertains that a technical service does not or no longer comply with the requirements for its designation or that it is responsible for any of the wrong-doings referred to in paragraph 1, it shall inform the Member State of the type-approval authority thereof.
Amendment 507 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 2
Article 81 – paragraph 4 – subparagraph 2
The CommissionEuropean authority shall request that Member State to take restrictive measures, including the suspension, restriction or withdrawal of the designation, where necessary.
Amendment 510 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Type-approval authorities shall consult each other and the CommissionEuropean authority on questions with general relevance with regard to the implementation of the requirements set out in this Regulation in relation with the assessment, designation and monitoring of technical services.
Amendment 524 #
Proposal for a regulation
Article 89 – paragraph 4
Article 89 – paragraph 4
4. Member States shall notify the provisions implementing paragraphs 1 to 3 to the Commission and the European authority by dd/mm/yyyy [PO: please insert the date 12 months after entry into force of this Regulation.] and shall notify the Commission and the European authority without delay of any subsequent amendment affecting those provisions.
Amendment 528 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1
Where the compliance verification by the CommissionEuropean authority referred to in Article 9(1) and (4), or Article 54(1) reveals non- compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the CommissionEuropean authority may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Amendment 530 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shallEuropean authority should not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 533 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establishset up and chair a Forum for Exchange of Information on Enforcement (‘'the Forum’)') until the Agency is established The Agency shall take over the Commission's tasks relating to the Forum.
Amendment 538 #
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
1. By 31 December 20xx [PO: please insert the year, which should be the year of application as mentioned in Article 98 + 5 years]Member States shall inform the Commission and the European authority of the application of the type- approval and market surveillance procedures laid down in this Regulation.
Amendment 543 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States.
Amendment 544 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each year representatives of the Forum shall present to the European Parliament a general report on the Forum's activities. The European Parliament or the Council may also ask at any time for a hearing of representatives of the Forum on any subject related to the Forum's activities.
Amendment 550 #
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, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.:
Amendment 551 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point a (new)
Article 10 – paragraph 2 – subparagraph 2 – point a (new)
(a) the promotion of good practices, the exchange of information on enforcement, evaluation of harmonised enforcement projects.
Amendment 552 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point b (new)
Article 10 – paragraph 2 – subparagraph 2 – point b (new)
(b) the development of a portal for civil society and consumer organisations to report their concerns and complaints about motor vehicle performance characteristic. Such information should also be used by the agency for assessing which vehicles should undergo conformity and verification checks.
Amendment 553 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point c (new)
Article 10 – paragraph 2 – subparagraph 2 – point c (new)
(c) the exchange of information and advice with regard to state-of-the art technologies for the purpose of ensuring that Member States, type approval authorities and technical services are fully up to date on new technology available on the market.
Amendment 554 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point d (new)
Article 10 – paragraph 2 – subparagraph 2 – point d (new)
(d) informing Member States of the conformity and verification checks undertaken by the agency as described in Article 5b.
Amendment 555 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 – point e (new)
Article 10 – paragraph 2 – subparagraph 2 – point e (new)
(e) All recommendations agreed upon by the Forum shall be made public. They shall be agreed on by a simple majority.
Amendment 559 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
Amendment 579 #
Proposal for a regulation
Article 11 – paragraph 1
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.
Amendment 583 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
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.
Amendment 590 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. The manufacturer must ensure that the vehicle user, upon prior information, agrees to the processing and transmission of all data being collected while using the vehicle. Where the data- processing and - forwarding is not mandatory for the safe functioning of the vehicle, the vehicle user must be able to disconnect the data transfer easily.
Amendment 593 #
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 596 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The manufacturer shall immediately inform the approval authority that has granted the approval in detail of the non- conformity and of any measures taken. The manufacturer shall also immediately inform the Agency.
Amendment 599 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a seriousny kind of risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. The manufacture shall also immediately inform the Agency.
Amendment 604 #
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
The manufacturer shall, upon a reasoned request from a national authority or the Agency, provide that authority or the Agency, through the approval authority, with a copy of the EU type- approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority or the Agency.
Amendment 609 #
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The manufacturer shall, following a reasoned request from a national authority or the Agency, cooperate with that authority or the Agency on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 613 #
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 or the Agency, provide that authority or the Agency 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 615 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cooperate with the approval orand market surveillance authorities and the Agency, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
Amendment 617 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. A manufacturer's representative who terminates the mandate on the grounds referred to in point (e) of paragraph 1 shall immediately inform the type approval authority that granted the approval and the CommissionAgency.
Amendment 621 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, he shall inform the manufacturer and the market surveillance authoritiesAgency thereof. For type- approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.
Amendment 627 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a seriousny kind of risk, the importer shall immediately provide detailed information on the seriousany kind of risk to the manufacturer and, the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market and the Agency.
Amendment 629 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The importer shall also inform the approval and market surveillance authoritiesuthorities and the Agency of any action taken and give details, in particular of the seriousany kind of risk and of corrective measures taken by the manufacturer.
Amendment 633 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The importer shall, upon a reasoned request from a national authority or the Agency, provide that authority or the Agency with all the information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit in a language that can be easily understood by that authority or the Agency. The importer shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 637 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
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.
Amendment 645 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and, the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market and the Agency. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 646 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The distributor shall, following a reasoned request from a national authority or the Agency, cooperate with that authority or the Agency on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 648 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
An importer or distributor shall be considered a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer under Articles 5b, 8, 11 and 12, where the importer or distributor makes available on the market, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark or modifies a vehicle, system, component or separate technical unit in such a way that it may no longer comply with the applicable requirements.
Amendment 649 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Upon a request of an approval authority or, a market surveillance authority or the Agency, for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:
Amendment 654 #
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 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.
Amendment 656 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The choice of type-approval referred to in paragraph 1 shall not affect the all applicable substantive requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole- vehicle type-approval.
Amendment 660 #
Proposal for a regulation
Article 22 – paragraph 1 – point b a (new)
Article 22 – paragraph 1 – point b a (new)
(ba) detailed technical descriptions and calibration specifications for all emission- related components (Base Emission Strategy);
Amendment 661 #
Proposal for a regulation
Article 22 – paragraph 1 – point b b (new)
Article 22 – paragraph 1 – point b b (new)
(bb) a list of all defeat devices or any Auxiliary Emission Strategy, including a description of the parameters that are modified by any AES and the boundary conditions under which the AES operate, and indication of which AES and BES are likely to be active under all range of ambient conditions, detailed technical descriptions and calibration specifications, as well as a detailed justification of each defeat device that results in a reduction in effectiveness of the emission control system, and rationale for why it is not a defeat device prohibited under Article 5(2) of Regulation 715/2007;
Amendment 662 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the Commission butAgency. In addition to the electronic format, the information folder may also be supplied on paper.
Amendment 667 #
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, hardware and to algorithms of the vehicle as well as an appropriate insight into the system development process of software and hardware, while taking into account their respective duties.
Amendment 675 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
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.
Amendment 681 #
Proposal for a regulation
Article 24 – paragraph 2 – point c a (new)
Article 24 – paragraph 2 – point c a (new)
(ca) the validity of the justification given for the installation of a defeat device in accordance with Art 5(2) of Regulation 715/2007;
Amendment 683 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a seriousny kind of risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and the Agency or to the Commission until an Agency has been established a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 684 #
Proposal for a regulation
Article 24 – paragraph 5 a (new)
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.
Amendment 685 #
Proposal for a regulation
Article 24 – paragraph 6 – subparagraph 2
Article 24 – paragraph 6 – subparagraph 2
The approval authority or the Agency shall ask the approval authorities which approved the systems, components or separate technical units to act in accordance with Article 54(2).
Amendment 686 #
Proposal for a regulation
Article 24 – paragraph 6 a (new)
Article 24 – paragraph 6 a (new)
6a. The Commission shall adopt delegated acts in accordance with Article 88 to set out criteria according to which an application for one of the exceptions to the prohibition of vehicle emissions control defeat devices in accordance with Article 5(2) of Regulation (EC) No 715/2007 is evaluated and conditions under which it may be approved or rejected.
Amendment 688 #
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 CommissionAgency a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 689 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 692 #
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 CommissionAgency, 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, by means of athe common secure electronic exchange system or in the form of a secure electronic file.
Amendment 695 #
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 CommissionAgency of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision by means of the common secure electronic exchange system or in the form of a secure electronic file.
Amendment 698 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by means of all appropriate testing methods, performed solely and in full by designated technical services.
Amendment 700 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The manufacturer shall provide the approval authority and technical services with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.
Amendment 704 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
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.
Amendment 707 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. An approval authority that has granted an EU type-approvalThe Agency shall take the necessary measures in accordance with Annex X to verify, where necessaryapplicable in cooperation with the approval authorities of the other Member States, that the manufacturer produces the vehicles, systems, components or separate technical units in conformity with the approved type.
Amendment 709 #
Proposal for a regulation
Article 29 – paragraph 2
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.
Amendment 710 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. An approval authority that has granted an EU type-approvalThe Agency shall take the necessary measures to verify, where necessary in cooperationand applicable with the approval authorities of the other Member States, that the arrangements referred to in paragraphs 1 and 2 continue to be adequate so that vehicles, systems, components or separate technical units in production continue to conform to the approved type and certificates of conformity continue to comply with Articles 34 and 35.
Amendment 716 #
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-approvalAgency shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 721 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. An approval authority that has granted an EU type-approval andIf the Agency establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly and immediately brought back into or withdraw the type- approval.
Amendment 727 #
Proposal for a regulation
Article 30 – title
Article 30 – title
National fee structure for type-approvals and market surveillance costs
Amendment 730 #
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 their type-approvals and market surveillance activities as well as for the type- approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 752 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall notify the details of their national fee structure to the other Member States and the Commissiono the Agency. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the CommissionAgency on a yearly basis.
Amendment 757 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 760 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 764 #
Proposal for a regulation
Article 31 – paragraph 5 a (new)
Article 31 – paragraph 5 a (new)
5a. The approval authority shall inform the Agency and the other approval authorities of any amendments to an EU type-approval, by means of the common secure electronic exchange system or in the form of a secure electronic file.
Amendment 765 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
The amendment shall be designated a ‘revision’ where the approval authority or the Agency finds that despite the change in the particulars recorded in the information package the concerned type of vehicle, system, component or separate technical unit continues to comply with the applicable requirements for this type and that, therefore, no inspections or tests need to be repeated.
Amendment 766 #
Proposal for a regulation
Article 32 – paragraph 2 –introductory part
Article 32 – paragraph 2 –introductory part
The amendment shall be designated an ‘extension’ where the approval authority or the Agency finds that the particulars recorded in the information package have changed and where any of the following occurs:
Amendment 780 #
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2
Article 33 – paragraph 4 – subparagraph 2
Within one month of receiving the notification referred to in the first subparagraph, the approval authority that granted the EU type-approval for the type of vehicle, system, component or separate technical unit shall inform the approval authorities of the other Member States and then the Agency accordingly.
Amendment 790 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the Commission. That authorisation shall be given by means of an implementing act. That implementing delegated act. That delegated act shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 791 #
Proposal for a regulation
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
Pending the decision on authorisation by the Commission, the approval authority may issue a provisional EU type-approval, valid only in the territory or part of the territory of the Member State of that approval authority, in respect of a type of vehicle covered by the exemption sought. The approval authority shall inform without delay the Commission and the other Member States thereof by means of a file containing the information referred to in paragraph 2.
Amendment 792 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 807 #
Proposal for a regulation
Article 47 – paragraph 6
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.
Amendment 810 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. MThe Agency or the market surveillance authorities of one Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008, Article 5b and Article 8 of this Regulation, or that have sufficient reason to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation, shall inform without delay the approval authority that granted the approval about its findings.
Amendment 812 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
The approval authorityies referred to in paragraph 1 shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the Agency, approval and market surveillance authorities.
Amendment 813 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 2
Article 49 – paragraph 2 – subparagraph 2
Where, in the course of that evaluation, the Agency or the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall 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 immediately withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable periodsix months, depending on the nature of the risk.
Amendment 816 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The Agency or the relevant approval authority shall inform the CommissionAgency and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 821 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionAgency and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 822 #
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
Article 50 – paragraph 2 – introductory part
2. The Agency or the approval authority referred to in Article 49(1) shall indicate whether the non-conformity is due to either of the following:
Amendment 823 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. The Member States other than the Member State initiating the procedure or all Member States if the Agency initiated procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the CommissionAgency and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non- conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 825 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the CommissionAgency in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the Commission in accordance with Article 51.
Amendment 829 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the Agency or the Commission has considered that a national measure is contrary to Union legislation, the Commission shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 837 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Article 52 – paragraph 1 – subparagraph 1
Where, having performed an evaluation under Article 49(1), a Member State or the Agency finds that vehicles, systems, components or separate technical units, although they comply with the applicable requirements or are properly marked, present a serious risk to safety or may seriously harm the environment or public health, it shall require the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk, or it shall take restrictive measures to withdraw the vehicle, system, component or separate technical unit from the market or to recall it within a reasonable period, depending on the nature of the risk.
Amendment 839 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
The Member State mayshall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
Amendment 841 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Member State shall within one month of the request referred to in paragraph 1 provide the CommissionAgency and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
Amendment 844 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 849 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission mayAgency shall take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 851 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where an approval authority or, market surveillance authority or the Agency finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 854 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionAgency shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 855 #
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. On receipt of the request referred to in paragraphs 1 to 4 the approval authority that granted the EU type-approval shall carry out an evaluation in relation to the vehicles, systems, components or separate technical units concerned covering all the requirements laid down in this Regulation. The approval authority shall also verify the data on the basis of which the approval was granted. The relevant economic operators shall fully cooperate with the approval authority. The Agency shall have the right to verify the data on basis of which the type approval authority granted the type- approval.
Amendment 859 #
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
Article 54 – paragraph 8 – subparagraph 1
Where, within one month after the notification of the restrictive measures taken by an approval authority or, a market surveillance authority or the Agency in accordance with Article 53(1), an objection has been raised by another Member State in respect of the notified restrictive measure or where the CommissionAgency establishes a non-compliance in accordance with Article 9(55b(10), the CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 861 #
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the CommissionAgency in respect of a restrictive measure taken by a Member State or the Agency, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 870 #
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
Before issuing any authorisation, the approval authority shall coordinate with the Agency to verify the existence of arrangements and procedures for ensuring effective control of the conformity of production.
Amendment 871 #
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 2
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.
Amendment 874 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. Upon request of a national authority of another Member State or the Agency, the approval authority that has issued the authorisation shall, within one month of the receipt of that request, send to the former a copy of the issued authorisation certificate together with its attachments by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.
Amendment 875 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
6. An approval authority or the Agency that disagrees with the authorisation issued by another Member State shall bring the reasons for its disagreement to the attention of the Commission. The Commission shall take the appropriate measures in order to resolve the disagreement, which may include, where necessary, requiring the withdrawal of the authorisation, after having consulted the relevant approval authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 877 #
Proposal for a regulation
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2a. Where an approval authority or the Agency considers the remedies referred to in Article 57(3) are sufficient, the manufacturer shall ensure that all relevant information about the measures what will be taken it communicated, within one month, too all owners of affected vehicles across the Union , and in all relevant EU languages.
Amendment 879 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delayor the Agency without delay and make publically available a full report of the evaluation findings and proposed remedies.
Amendment 881 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Where an approval authority or the CommissionAgency considers that the remedies referred to in Article 57(3) are insufficient or are not implemented quickly enough, they shall notify their concern to the approval authority that granted the EU type-approval and the CommissionAgency without delay.
Amendment 885 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
The approval authority that granted the EU type-approval shall request the manufacturer to take corrective measures to address the concerns notified. Where the manufacturer does not propose and implement effective corrective measures, the approval authority that granted the EU type-approval shall take all restrictive measures required, including the withdrawal of the EU type-approval and mandatory recall, and inform the approval authorities of the other Member States and the CommissionAgency about the restrictive measures taken. In the case of withdrawal of the EU type-approval, the approval authority shall inform without delay the manufacturer by registered letter or equivalent electronic means of that withdrawal.
Amendment 887 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Where an approval authority or the Agency considers that the restrictive measures taken by the approval authority that granted the EU type-approval pursuant to article 58(1) are not sufficient or timely enough, .it shall inform the Commission thereof and it may take appropriate restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned non-compliant vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them.
Amendment 891 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1
Article 58 – paragraph 3 – subparagraph 1
The CommissionAgency shall hold appropriate consultations with the parties involved and shall decide whether the restrictive measures taken by the approval authority that granted the EU type-approval are sufficient and timely enough, and where necessary, propose appropriate measures to ensure that the conformity is restored and/or the serious risk referred to in Article 57(3) is effectively neutralised. That decision shall also address the suitability of the restrictive measures taken by approval authorities who considered the action taken by the approval authority that granted the EU type-approval as not sufficient or timely enough. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 892 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Member States shall implement without delay the Commission decision and inform the Commission and the Agency accordingly.
Amendment 894 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where, within one month of receipt of the notification regarding the approved remedies referred to in Article 57(3), no objection has been raised against those remedies by either another Member State, the Agency or the Commission, those remedies shall be deemed justified. The other Member States and the Agency shall ensure that those remedies are applied in respect of the vehicles, systems, components or separate technical units concerned that have been made available on the market, registered, or entered into service in their territory.
Amendment 895 #
Proposal for a regulation
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
Except in cases where immediate action is necessary for reasons of serious risk to human health, safety and the environment, the economic operator concerned shall be given the opportunity to make submissions to the national authority within an appropriate period of time before any measure pursuant to Articles 49 to 58 is adopted by the national authorities of the Member States or the Agency.
Amendment 896 #
Proposal for a regulation
Article 59 – paragraph 1 – subparagraph 2
Article 59 – paragraph 1 – subparagraph 2
If action has been taken without the economic operator’s being heard, the economic operator shall have the opportunity to make submissions as soon as possible and the national authority or the Agency shall review the measure promptly thereafter.
Amendment 897 #
Proposal for a regulation
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Any measure adopted by the national authorities or the Agency shall state the exact grounds on which it is based.
Amendment 898 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Any measure adopted by the national authorities or the Agency shall be immediately withdrawn or amended upon the economic operator’s demonstrating that effective corrective action has been taken.
Amendment 901 #
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 1
Article 65 – paragraph 1 – subparagraph 1
Manufacturers shall provide to independent operators unrestricted and, standardised and non-discriminatory access to vehicle OBD information, diagnostic and other equipment, tools including any relevant software and vehicle repair and maintenance information. Independent operators shall have access to the remote diagnosis services used by manufacturers and their contractors.
Amendment 907 #
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
Article 65 – paragraph 2 – subparagraph 2
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairersFor independent operators other than repairers, the information shall also be given in a machine-readable format that can be electronically processed with commonly available IT tools and software, which allows independent operators to execute their business functions in the aftermarket supply chain.
Amendment 911 #
Proposal for a regulation
Article 65 – paragraph 3 a (new)
Article 65 – paragraph 3 a (new)
3a. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall to be made available through the standardized connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B.
Amendment 914 #
Proposal for a regulation
Article 67
Article 67
Amendment 916 #
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The manufacturer that has applieds for EU type-approval or national type- approval shall provide the approval authority with proof of compliance with Articles 65 to 70 within six months from the date of the respective type-approval.
Amendment 917 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Where that proof of compliance is not provided within the period referred to in paragraph 1, the approval authority shall take appropriate measures in accordance with Article 69.
Amendment 920 #
Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 1
Article 69 – paragraph 2 – subparagraph 1
Where the Agency or an approval authority finds that the manufacturer has failed to comply with his obligations regarding access to vehicle OBD and vehicle repair and maintenance information, the approval authority that granted the relevant type- approval shall take appropriate measures to remedy the situation.
Amendment 922 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. Where an independent operator or a trade association representing independent operators files a complaint to the Agency or the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the Agency or the approval authority shall carry out an audit in order to verify compliance by the manufacturer.
Amendment 924 #
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. When carrying out the audit, the Agency or the approval authority may ask a technical service or any other independent expert to carry out an assessment to verify whether the obligations concerning access to vehicle OBD and vehicle repair and maintenance information have been met.
Amendment 933 #
Proposal for a regulation
Article 71 – paragraph 7
Article 71 – paragraph 7
7. Member States shall provide the CommissionAgency and the other Member States with information on their procedures for the assessment, designation and notification of technical services and for the monitoring of technical services, and of any changes thereto.
Amendment 942 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member States every two yearsaudited by the Agency every four years in accordance with provisions of Article 5b.
Amendment 943 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
Amendment 949 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-reviewaudit shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis verification of the type-approval procedure and correct implementation of the Regulation, a random sample check of the type approvals issued and an on-site visit to a technical service under the responsibility of the reviewed authority.
Amendment 952 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3 a (new)
Article 71 – paragraph 8 – subparagraph 3 a (new)
If the audit demonstrates that the authority has breached any requirements of this Regulation or the vehicles, systems, components and separate technical units are not in conformity with the type approvals it issued, the authority shall immediately take all steps necessary to bring its procedures in compliance.
Amendment 957 #
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-reviewaudit shall be communicated to all Member States and to the Commission and a summarythird parties upon request, a full report of the outcome shall be made publicly available. It shall be discussed by tThe Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issushall discuss the results of the audits and together with the Agency ensure that the recommendations are implemented.
Amendment 958 #
Proposal for a regulation
Article 71 – paragraph 9 a (new)
Article 71 – paragraph 9 a (new)
9a. The Member States may decide not to recognise the type approvals issued to vehicles, systems, components and separate technical units by the approval authority concerned until full compliance with the requirements of this Regulation is achieved.
Amendment 962 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the CommissionAgency and the other Member States on how it has addressed the recommendations in the peer-review report.
Amendment 965 #
Proposal for a regulation
Article 72 – paragraph 1 – point a
Article 72 – paragraph 1 – point a
(a) category A: tests referred to in this Regulation and in the acts listed in Annex IV that those technical services carry out in their own facilities on the territory of the type-approval authority;
Amendment 969 #
Proposal for a regulation
Article 72 – paragraph 1 – point d
Article 72 – paragraph 1 – point d
Amendment 974 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established on the territory of the type- approval authority under the national law of a Member State and have legal personality, except for an accredited in- house technical service of a manufacturer, as referred to in Article 76. A technical service contracted to type approval may not be an internal technical service of a manufacturer.
Amendment 978 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
A technical service shall be an independent third-party organisation or body that is nothas no legal ties to any manufacturer or parts supplier, nor has itself any involvedment in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects.
Amendment 984 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
An organisation or body belonging to a business association or professional federation representing undertakings that are involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses, tests or inspects, may be considered as fulfilling the requirements of the first subparagraph, provided that its independence and the absence of any conflict of interest are demonstrated to the designating approval authority of the relevant Member State or to the Agency if asked.
Amendment 990 #
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 AB 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.
Amendment 992 #
Proposal for a regulation
Article 76 – paragraph 2 – point c a (new)
Article 76 – paragraph 2 – point c a (new)
(ca) the in-house technical service shall be audited according to the provisions of Article 77;
Amendment 993 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. An in-house technical service does not need toshall be notified to the Commission for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authorityAgency as set out in Article 78.
Amendment 996 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
Article 77 – paragraph 1 – subparagraph 1
Before designating a technical service, the type-approval authority shall assess it in accordance with an harmonized assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub- contractor, located inside or outside the Union.
Amendment 999 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of the CommissionAgency, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment and witnessing the actual type-approval tests. The designating type-approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
Amendment 1011 #
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
5. The Member States shall notify to the CommissionAgency the names of the representatives of the type-approval authority to call upon for each joint assessment.
Amendment 1013 #
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1
Article 77 – paragraph 7 – subparagraph 1
The type-approval authority shall notify the assessment report to the CommissionAgency and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.
Amendment 1015 #
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
8. The type-approval authorities of the other Member States and the CommissionAgency may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence..
Amendment 1019 #
Proposal for a regulation
Article 77 – paragraph 10
Article 77 – paragraph 10
10. The type-approval authorities of the other Member States or the CommissionAgency may individually or jointly address recommendations to the type-approval authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That type-approval authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that type-approval authority decides not to follow the recommendations addressed by the other Member States or the CommissionAgency, it shall give the reasons therefor within two weeks after taking its decision.
Amendment 1022 #
Proposal for a regulation
Article 78 – title
Article 78 – title
Notification to the CommissionAgency concerning technical services
Amendment 1023 #
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
Member States shall notify to the CommissionAgency the name, the address, including the electronic address, the responsible persons and the category of activities of every technical service that they have designated. The notification shall clearly specify the scope of the designation, the conformity assessment activities and procedures, the type of products and the subjects listed in Annex IV for which the technical services have been designated, and subsequent modifications to any of those details.
Amendment 1024 #
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 1
Article 78 – paragraph 2 – subparagraph 1
Within 28 days of a notification, a Member State or the CommissionAgency may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the type-approval authority. When a Member State or the CommissionAgency raises objections, the effect of the notification shall be suspended. In this case, the CommissionAgency shall consult the parties involved and then the Commission shall decide by means of an implementing act whether the suspension of the notification can be lifted or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1025 #
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 2
Article 78 – paragraph 2 – subparagraph 2
Where no objection is raised or where the CommissionAgency is of the opinion that the notification may be accepted fully or partially, the CommissionAgency shall publish the notification in accordance with paragraph 5.
Amendment 1027 #
Proposal for a regulation
Article 78 – paragraph 3
Article 78 – paragraph 3
3. The same technical service may be designated by several type-approval authorities and notified to the CommissionAgency by the Member States of those type- approval authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1).
Amendment 1028 #
Proposal for a regulation
Article 78 – paragraph 5
Article 78 – paragraph 5
5. The CommissionAgency shall publish on its website an updated list and details of the technical services and the specific organisations and competent bodies that have been notified to it in accordance with this Article.
Amendment 1029 #
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 2
Article 79 – paragraph 1 – subparagraph 2
The type-approval authority shall immediately inform the CommissionAgency and the other Member States of any suspension, restriction or withdrawal of a notification.
Amendment 1030 #
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 3
Article 79 – paragraph 1 – subparagraph 3
The CommissionAgency shall update the information published referred to in Article 78(4) accordingly.
Amendment 1031 #
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. In the event of a restriction, suspension or withdrawal of the designation, or where the technical service has ceased its activity, the designating approval authority shall transfer the files of that technical service to another technical service for further processing or keep them available for the approval authorities or, for the market surveillance authorities or for the Agency.
Amendment 1032 #
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 1
Article 79 – paragraph 3 – subparagraph 1
The type-approval authority shall inform the other type-approval authorities and the CommissionAgency when non-compliance of the technical service has an impact on type- approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification.
Amendment 1033 #
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 2
Article 79 – paragraph 3 – subparagraph 2
Within two months after having notified the changes to the notification, the type- approval authority shall submit a report on its findings regarding the non-compliance to the CommissionAgency and the other type- approval authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating type-approval authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued.
Amendment 1035 #
Proposal for a regulation
Article 79 – paragraph 4 – point a
Article 79 – paragraph 4 – point a
(a) in the case of suspension of a notification, on condition that, within three months after the suspension, the type- approval authority that issued the type- approval certificate confirms in writing to the type-approval authorities of the other Member States and the CommissionAgency that it is assuming the functions of the technical service during the period of suspension;
Amendment 1036 #
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 2
Article 79 – paragraph 4 – subparagraph 2
The type-approval authority assuming the functions of the technical service shall immediately inform the other type- approval authorities, the other technical services and the CommissionAgency thereof.
Amendment 1038 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Technical services shall respond without delay to requests by a type- approval authority or by the CommissionAgency in relation to the conformity assessments they have carried out.
Amendment 1039 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 2
Article 80 – paragraph 3 – subparagraph 2
When the type-approval authority of the Member State in which the technical service is established invokes a legitimate reason, it shall inform the CommissionAgency thereof.
Amendment 1040 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 3
Article 80 – paragraph 3 – subparagraph 3
The CommissionAgency shall consult without delay the Member States. On the basis of that evaluation, the Agency and then Commission shall decide by means of an implementing act whether the legitimate reason is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1041 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 4
Article 80 – paragraph 3 – subparagraph 4
The technical service or the type-approval authority may request that any information transmitted to the authorities of another Member State or to the CommissionAgency shall be treated confidentially.
Amendment 1045 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 2
Article 80 – paragraph 3 – subparagraph 2
Within two months after finalising this assessment of the technical service, the Member States shall report to the CommissionAgency and to the other Member States on those monitoring activities. The reports shall contain a summary of the assessment which shall be made publicly available.
Amendment 1049 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Article 81 – paragraph 1 – subparagraph 1
The CommissionAgency shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It mayshall also commence such investigations on its own initiative.
Amendment 1053 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2
Article 81 – paragraph 1 – subparagraph 2
The CommissionAgency shall investigate the responsibility of the technical service in the case where it is demonstrated or where there are justified grounds to consider that a type approval has been granted on the basis of false data or that the test results have been falsified or that data or technical specifications have been withheld that would have led to the refusal to grant the type approval,.
Amendment 1056 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. The CommissionAgency shall consult the type- approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type- approval authority of that Member State shall provide the CommissionAgency, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.
Amendment 1059 #
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The CommissionAgency shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Amendment 1063 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 1
Article 81 – paragraph 4 – subparagraph 1
Where the CommissionAgency ascertains that a technical service does not or no longer comply with the requirements for its designation or that it is responsible for any of the wrong-doings referred to in paragraph 1, it shall inform the Member State of the type-approval authority thereof.
Amendment 1065 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 2
Article 81 – paragraph 4 – subparagraph 2
The CommissionAgency shall request that Member State to take restrictive measures, including the suspension, restriction or withdrawal of the designation, where necessary.
Amendment 1067 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 3
Article 81 – paragraph 4 – subparagraph 3
Where the Member State fails to take the necessary restrictive measures, the Commission mayshall, by means of implementing acts, suspend, restrict or withdraw the designation of the technical service concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). The Commission shall notify the Member State concerned of its decision and shall update the information published referred to in Article 78(4) accordingly.
Amendment 1069 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Type-approval authorities shall consult each other and the CommissionAgency on questions with general relevance with regard to the implementation of the requirements set out in this Regulation in relation with the assessment, designation and monitoring of technical services.
Amendment 1070 #
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Type-approval authorities shall communicate to each other and the CommissionAgency not later than two years after the entry into force of this Regulation 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 1073 #
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
3. When the assessment reports referred to in Article 77(3) indicate discrepancies in the general practice of type-approval authorities, Member States or the CommissionAgency may request an exchange of information.
Amendment 1081 #
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 5b(6), Article 7(5), Article 10(3), Article 22(3), Article 24(3), Article 24(6a), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 37(3), Article 38(3), 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 1085 #
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 5b(6), Article 7(5), Article 10(3), Article 22(3), Article 24(3), Article 24(6a), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 37(3), Article 38(3), 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 1087 #
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 5b(6), Article 7(5), Article 10(3), Article 22(3), Article 24(3), Article 24(6a), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 37(3), Article 38(3), 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 1089 #
Proposal for a regulation
Article 89 – title
Article 89 – title
Penalties and liabilities
Amendment 1091 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation, in particular Articles 11 to 19 and 72 to 76, 84 and 85 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the concerned Member States market, or the number of non- compliant systems, components or separate technical unit made available on the concerned Member States market.
Amendment 1094 #
Proposal for a regulation
Article 89 – paragraph 2 – point b
Article 89 – paragraph 2 – point b
(b) falsifying test results for type- approval or market surveillance;
Amendment 1095 #
Proposal for a regulation
Article 89 – paragraph 2 – point c a (new)
Article 89 – paragraph 2 – point c a (new)
Amendment 1100 #
Proposal for a regulation
Article 89 – paragraph 3 – point b a (new)
Article 89 – paragraph 3 – point b a (new)
(ba) use of defeat devices.
Amendment 1101 #
Proposal for a regulation
Article 89 – paragraph 5
Article 89 – paragraph 5
5. Member States shall report to the CommissionAgency every year on the penalties they have imposed.
Amendment 1103 #
Proposal for a regulation
Article 89 – paragraph 5 a (new)
Article 89 – paragraph 5 a (new)
5a. Where it is established that vehicles, components, systems or separate 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, economic operators should be liable for any damage caused to owners of affected vehicles as a result of non-compliance.
Amendment 1106 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1
Where the compliance verification by the CommissionAgency referred to in Article 9(1) and (4),5b or Article 54(1) reveals non- compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission mayAgency shall impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Amendment 1108 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the CommissionAgency shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 1111 #
Proposal for a regulation
Article 91 – paragraph 1 – point 2
Article 91 – paragraph 1 – point 2
Regulation (EC) No 715/2007
Article 1 – paragraph 2
Article 1 – paragraph 2
‘2. In addition, this Regulation lays down rules for in-service conformity, durability of pollution control devices, vehicle OBD systems and measurement of fuel consumption. The rules for in-service conformity and durability of pollution control devices must come into force no later than 31 December 2018'’;
Amendment 1113 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) No 715/2007
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
(3a) in Article 5, the following subparagraph is added after paragraph 2 point c: 'Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation 2016/646/EU, shall provide the type-approval authority with all information, including technical justification, that may be reasonably required by the type-approval authority to determine whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under Article 5(2) of Regulation (EC) 715/2007 is applicable. The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.'.
Amendment 1118 #
Proposal for a regulation
Article 91 – paragraph 1 – point 6
Article 91 – paragraph 1 – point 6
Regulation (EC) No 715/2007
Article 11 a – paragraph 1 – point b a (new)
Article 11 a – paragraph 1 – point b a (new)
(ba) fuel consumption and CO2 values determined under real driving condition will be made available to the public.
Amendment 1124 #
Proposal for a regulation
Annex XVIII – point 2 – point 2.8 – point a (new)
Annex XVIII – point 2 – point 2.8 – point a (new)
a) The direct real time in-vehicle data stream shall continue to be made available free of charge through the standardised, physical data connector as specified in UN Regulation No 83, Annex 11, Appendix 1, paragraph 6.5.1.4. and UN Regulation No 49, Annex 9B necessary for vehicle on-board diagnostics, repair and maintenance purposes and the development of multi- brand tools. Independent operators shall request a certificate from an independent body that specifies the requirements for safe, secure and compatible communication with the vehicle in accordance with the vehicle manufacturer's guidelines.
Amendment 1132 #
Proposal for a regulation
Annex XVIII – point 6 – point 6.4
Annex XVIII – point 6 – point 6.4
6.4. With regard to vehicles falling in the scope of Regulation (EC) No 595/2009, reprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC RP1210B using non-proprietary hardware. Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g. navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is required. For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC RP1210B, the manufacturer shall offer either a validation of independently developed VCIs or the information,and the test environment, including information on the specification of the communication protocol and loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware.
Amendment 1136 #
Proposal for a regulation
Annex XVIII – point 7 – point 7.2
Annex XVIII – point 7 – point 7.2
Amendment 1137 #
Proposal for a regulation
Annex XVIII – point 7 – point 7.3
Annex XVIII – point 7 – point 7.3
Amendment 1138 #
Proposal for a regulation
Annex XVIII – point 7 – point 7.4 – paragraph 1
Annex XVIII – point 7 – point 7.4 – paragraph 1
On the basis of a completed Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information, the approval authority may presume that the manufacturer has put in place satisfactory arrangements and procedures with regard to access to vehicle OBD and vehicle repair and maintenance information, provided that no complaint has been made and that the manufacturer provides that certificate within the periods referred to in point 7.2.
Amendment 1139 #
Proposal for a regulation
Annex XVIII – point 7 – point 7.4 – paragraph 2
Annex XVIII – point 7 – point 7.4 – paragraph 2