71 Amendments of Claude TURMES related to 2016/0014(COD)
Amendment 222 #
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. Market surveillance in the automotive sector should be introdureinforced by specifying the obligations of the economic operators in the supply chain, the cresponsibilities ofation of an agency which will inter alia undertake market surveillance along with the enforcement authorities in the Member States, and the measures to be taken when automotive products are encountered on the market that represent serious safety or environmental risks or that do not comply with the type-approval requirements.
Amendment 227 #
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 as well as spot-checks and the continued conformity of the products concerned and by reinforcing 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. 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. Furthermore technical services should be regularly audited by a team consisting of representatives from the type approval authorities of two other Member States other than the original designating Member State, along with at least one representative of the Agency.
Amendment 235 #
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, including independent audits conducted by the Agency 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 258 #
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 approvalAgency in coordination with Member State competent 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- reviewaudits, 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 261 #
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 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 265 #
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 the Agency and the different national authorities with the Agency in a coordinating role 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 276 #
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, the Agency and the Commission, 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 279 #
Proposal for a regulation
Recital 23
Recital 23
(23) The obligations of national authorities and the Agency concerning market surveillance provided in this Regulation are more specific than 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 complement that framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered by this Regulation.
Amendment 282 #
Proposal for a regulation
Recital 24
Recital 24
(24) Those more specific obligations for the Agency and 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.
Amendment 287 #
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionAgency 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 CommissionAgency 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 fundingThese activities should be ensurfunded inby the general budget of the Union to enable the execution of such compliance verification testing and inspections. In viewlevy of an administrative fee equivalent to 1/ 2 500th of the budgretaryil 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. Tvehicle in euros paid to the Agency for each vehicle purchased in the European Union. The Agency and the Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 290 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Market surveillance activities should cover 30% of new models placed on the market each year in order to verify whether these vehicles comply with applicable EU law.
Amendment 291 #
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25b) Market surveillance should also take into account a risk-based approach, with focus on inter alia data obtained from roadside remote monitoring units, complaints, reports from periodic technical inspection, expected life-span and previously identified problem vehicles, systems, components and separate technical units.
Amendment 292 #
Proposal for a regulation
Recital 25 c (new)
Recital 25 c (new)
(25c) In order to verify vehicle emissions, market surveillance authorities should inter alia make use of remote sensing technology to help identify which aspects such as high levels of air or noise pollution, of which vehicle models, should be subjected to further investigation. When 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 293 #
Proposal for a regulation
Recital 26
Recital 26
(26) In order to ensure a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental and public health protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units should continue to be harmonised and adapted to technical and scientific progress.
Amendment 296 #
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. The vehicle should continue to fulfil all type approval requirements fitting as a whole vehicle and its component systems, components, separate technical units or parts and equipment after the fitting of such systems, components, separate technical units or parts and equipment should not interfere with the function.
Amendment 298 #
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 purposeAgency, 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 308 #
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 authoritiThe Agency, with the competent authorities of Member States should be empowered to assess and verify whether those measures are sufficient. The authorities of other Member States' should have the right to take safeguard measures in case they would consider that the manufacturer's corrective measures are not sufficient.
Amendment 326 #
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 CommissionAgency should be competent to impose harmonizsed 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 332 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation also lays down the powers and responsibilities of the new European Vehicles Surveillance and Enforcement Agency (EVSEA).
Amendment 347 #
Proposal for a regulation
Article 3 – paragraph 1 – point 14 a (new)
Article 3 – paragraph 1 – point 14 a (new)
(14a) 'agency' means the European Vehicles Surveillance and Enforcement Agency (EVSEA), which is responsible for EU level market surveillance including conformity of production, auditing national type approval authorities, assisting audits of technical services, implementing EU wide penalties and making available a database containing inter alia data contained in the type approval certificate, the data submitted as part of the type approval procedure, coast-down coefficients, road- load coefficients and contact details of competent authorities;
Amendment 352 #
Proposal for a regulation
Article 3 – paragraph 1 – point 43
Article 3 – paragraph 1 – point 43
Amendment 357 #
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
Article 3 – paragraph 1 – point 56 a (new)
(56a) The Market Surveillance and Certification Committee consists of 6 representatives from the Commission, 6 representatives from political groups of the European Parliament and 6 representatives of Member States. The Market Surveillance and Certification Committee will propose yearly budgets and work plans for the Independent Market Surveillance and Certification Unit and will have access to all data collected by the Independent Market Surveillance and Certification Unit in a non-anonymized way.
Amendment 359 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
The Independent Joint Research Centre Market Surveillance and Certification Unit is the body within the JRC which will be in charge of executing the tasks falling under the responsibility of the Commission according to Article 9 of this regulation. This unit will build on the resources and the expertise of the JRC's Vehicle Emissions Laboratory (VELA). In order to ensure its independence and transparency it will be directly reporting to the Market Surveillance and Certification Committee.
Amendment 370 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2 a (new)
Article 6 – paragraph 1 – subparagraph 2 a (new)
That notification shall include the name of those authorities, their address, including their electronic address, and their competences. The Commission via the Agency shall make publically available on its website a list and details of the approval authorities and the market surveillance authorities.
Amendment 371 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall ensure a clear and strict legal and administrative separation of roles and responsibilities between type-approval authorities, technical services and manufacturers and that the principles of independence and transparency apply at each point of the type approval and market surveillance process.
Amendment 382 #
Proposal for a regulation
Article 6 – paragraph 5 – subparagraph 1 a (new)
Article 6 – paragraph 5 – subparagraph 1 a (new)
Member States may also when cases of non-compliance are suspected in other Member States, take the necessary measures to ensure that market surveillance authorities be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 384 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member StatesAgency shall periodically review and assess the functioning of theirMember States' type-approval activities and the quality and accuracy 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. The Member State concerned, the Forum and third parties. The Agency shall make a summary of the results accessible to the general public, in particular the number of type-approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 390 #
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, the Forum and third parties. 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 together with the identity of the corresponding manufacturers.
Amendment 397 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Member States shall enforce any measures regarding remedial action such as recalls, repairs, compensation and sanctions, in accordance with the Agency's decisions in case of non- compliance with the provisions of this Regulation and any other applicable law
Amendment 402 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall implement and enforce the requirements of this Regulation in a uniform and consistent manner to ensure level playing field and avoid application of divergent standards across the Union. They shall fully cooperate with the Forum in its audit and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 408 #
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(5), 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 and shall systematically and without delay report cases of non-conformity to the Agency.
Amendment 444 #
Proposal for a regulation
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Where technical services are designated for the purposes of this Article, market surveillance authorities shall ensure that a different technical service is used from the technical service that performed the original type approval test.
Amendment 470 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the Commission and enforcement co- ordination with Member Statesand enforcement and transparency by the European Vehicle Surveillance and Enforcement Agency (EVSEA)
Amendment 483 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. In the case of category M and N vehicles, the Agency shall perform random compliance verification tests on at least 30% of the new models put on the EU market each year to verify if the vehicles in use comply with the Union safety and environmental legislation
Amendment 484 #
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
Amendment 487 #
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 CommissionAgency a statistically relevant number of production vehicles, systems, components and separate technical units selected by the CommissionAgency 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 CommissionAgency may require.
Amendment 491 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionAgency to carry out the testing referred to in paragraphs 1 and 2this Article, Member States shall make available to the CommissionAgency 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 495 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the CommissionAgency with the type- approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units.
Amendment 498 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. When a technical service is designated to undertake tests for the purposes of this paragraph, the Agency shall ensure that a different technical service is used from that performing tests for the original type-approval.
Amendment 508 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the CommissionAgency 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)empowered to take Union-wide remedial action such as ordering Union recalls of the vehicles, withdrawal of type approval concerned or it shall require 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 in an uniform manner across the union within a reasonable period of time, depending on the seriousness of the established non- compliance.
Amendment 516 #
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 CommissionAgency shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 517 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionAgency shall publish annual reports of its findings following anyregarding compliance verification testing it has carried outand auditing. The reports shall be accessible to the general public, including the information on the results of the tests carried out and on the vehicles, systems, components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers.
Amendment 522 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionAgency shall publish a report of its findings following any compliance verification testing it has carried out.
Amendment 526 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Agency shall coordinate the assessment and designation of technical services as provided for in Article 77, inter alia, the assessment check-list that comprehensively covers at least the requirements listed in Appendix 2 of Annex V.
Amendment 527 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 b (new)
Article 9 – paragraph 5 – subparagraph 3 b (new)
The agency shall determine penalties for infringing the provisions of this Regulation as provided for in Article 89. These penalties shall be calculated per vehicle and be effective, dissuasive and proportionate
Amendment 528 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 c (new)
Article 9 – paragraph 5 – subparagraph 3 c (new)
The Agency shall be financed through an administrative fee levied on all new vehicles sold in the Union in accordance with Article 30 (new).
Amendment 529 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The Agency shall carry out audits of the national type-approval authorities in accordance with Article 71(8) every 3 years to ensure they comply with the requirements of this Regulation and carry out their duties in an independent and rigorous manner. This shall include a clear legal and administrative separation of functions between the national authorities and any other body representing private interests, such as technical services or manufacturers, to eliminate any conflicts of interest. The Agency shall ensure recommendations are applied. The audits shall include a verification of the national type approval procedures in order to evaluate correct and rigorous implementation of the requirements pursuant to 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 Agency 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, including on its independence, or has issued type-approvals to the vehicles, systems, components and separate technical units that are not in conformity with the Union safety or environmental requirements, it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the audit. 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 results of the audits shall be communicated to all Member States, to the Forum and third parties upon request, and a summary thereof shall be made publicly available. The Forum shall discuss the results of the audits, follow-up and ensure their recommendations are fully implemented. This audit may be contracted to an independent auditor.
Amendment 531 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Forum for Eexchange of Information on EnforcementU type approval
Amendment 535 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The CommissionAgency shall establish and, chair and oversee a Forum for Exchange of Information on Enforcement (‘('the Forum’').
Amendment 538 #
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. Members of the European Parliament, representatives of the Commission, as well as representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups. It shall be chaired by the Agency.
Amendment 558 #
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 practand exchange of good practices between national competent authorities, and between technical services, 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 561 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The Forum may, on an ad hoc basis, invite stakeholders or third-party compliance verification testers to present concerns experienced or complaints and be informed on the result.
Amendment 577 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 582 #
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. The manufacturer shall disclose all engine management strategies, including the justification and software and any other information related to these strategies
Amendment 611 #
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) following a reasoned request from an approval the Agency or the Commission, provide them 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 testing specifications used during type approval and access to software and algorithms as requested
Amendment 652 #
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, and shall, where necessary, repeat original tests to verify that the performance of the systems and components that were approved separately are still in conformity with those type approvals when incorporated into a completed vehicle. Verification shall include inter alia 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.
Amendment 659 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) all data, software, drawings, photographs and other relevant information including all engine management strategies deployed in different conditions of use;
Amendment 680 #
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. In the case of whole vehicle type- approval, the manufacturer shall provide detailed information, including technical justification, on any auxiliary engine management strategy used outside of the conditions specified in relevant EU legislative acts and test procedures.
Amendment 701 #
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. 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 705 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to amend Annex XVI to ensure that manufacturers do not, in the design of the vehicles, systems, components and separate technical units, incorporate strategies that reduce the performance during relevant test procedures when these vehicles, systems, components and separate technical units are operated under conditions that reasonably may be expected to be encountered during normal operation and use. It shall also take account of technical and regulatory developments by updating the list of regulatory acts in respect of which virtual testing methods may be used by a manufacturer or a technical service and the specific conditions under which virtual testing methods are to be used.
Amendment 735 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Member States shall ensure that there is no conflict of interest or commercial link between national authorities responsible for type approval and surveillance activities, technical services and manufacturers as regards funding for the testing activities concerned.
Amendment 762 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
The approval authority shall decide whether that change is to be covered by an amendment, in the form of either a revision or an extension of the EU type-approval in accordance with the procedures laid down in Article 32, or whether this change requires a new type-approval. Where this change relates to a system, component or separate technical unit the approval authority shall verify whether this change causes the whole vehicle or any of its constituent systems, components and separate technical units to no longer meet the relevant type approval requirements.
Amendment 763 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Where the approval authority on the basis of the inspections or tests referred to in paragraph 3 finds that all the requirements for EU type-approval of the vehicle and all its constituent systems, components and separate technical units continue to be fulfilled, the procedures referred to in Article 32 shall apply.
Amendment 795 #
Proposal for a regulation
Article 47
Article 47
Amendment 809 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. MThe Agency or market surveillance authorities of onea Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008 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 environment, health or the 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 836 #
Proposal for a regulation
Article 52 – title
Article 52 – title
Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and the environment
Amendment 838 #
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 840 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
Amendment 955 #
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 Commission and a summary of the outcome shall be made publicly available. It shall be discuIf the audit demonstrates that the authority concerned has breached any of the requirements of this Regulation, or has issued type-approvals to the vehicles, systems, components and separate technical units that are not in conformity with the Union safety or environmental requirements, it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendationsaudit. 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.
Amendment 1096 #
Proposal for a regulation
Article 89 – paragraph 2 – point c a (new)
Article 89 – paragraph 2 – point c a (new)
(ca) non-disclosure of information and software which could affect type approval procedures and differing vehicle performance between laboratory tests and real driving conditions;
Amendment 1099 #
Proposal for a regulation
Article 89 – paragraph 2 – point c d (new)
Article 89 – paragraph 2 – point c d (new)
(cd) differences between advertised properties and those experienced on the road under normal driving conditions, including emission and noise level and fuel consumption.