118 Amendments of Bas EICKHOUT related to 2016/0014(COD)
Amendment 89 #
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 Agency (EVSA).
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 1 – point 43
Article 3 – paragraph 1 – point 43
Amendment 108 #
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 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 Forum and third parties upon request. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type- approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 114 #
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 upon request. The Member State concerned shall make a summary of the results accessible to the 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 125 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information, including third-party testing, new technologies on the market, reports from periodic technical inspections and other information. Market surveillance authorities shall follow up on substantiated complaints.
Amendment 132 #
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 147 #
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 and third parties upon request. The Member State concerned shall make a summary of the results accessible to the public, in particular the number and model names of those vehicles, systems, components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers.
Amendment 156 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the Commission and enforcement co- ordination with Member StatesEuropean Vehicle Surveillance Agency
Amendment 157 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionEuropean Vehicle Surveillance Agency (EVSA) (hereafter "the Agency") 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 159 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
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 Union market each year to verify if the vehicles in use comply with the Union safety and environmental legislation. When choosing the vehicles, the Agency shall take account of established principles of risk assessment, complaints, including third- party testing, new technologies on the market, reports from periodic technical inspections and other information. The Agency shall follow up on substantiated complaints. When a technical service is designated for the purposes of the tests of this paragraph, the Agency shall ensure that a different technical service is used from that performing tests for the original type- approval.
Amendment 167 #
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, 1a and 2, 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 177 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionAgency shall publish annual reports ofn its findings following any compliance verification testing it has carried out. The reports shall be accessible to the 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 with the identity of the corresponding manufacturers.
Amendment 181 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The Agency shall be financed through an administrative fee levied on all new vehicles sold in the Union in accordance with Article 30.
Amendment 188 #
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, 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 190 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The Forum shall discuss the results of the audits provided for under Article 71 and follow-up on full implementation of the recommendations.
Amendment 201 #
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 203 #
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 and the Agency in detail of the non- conformity and of any measures taken.
Amendment 205 #
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, provide that authority, or the Agency, provide 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.
Amendment 208 #
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 or the Agency, provide with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit, including any testing specifications used during type approval and access to software and algorithms;
Amendment 209 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cooperate with the approval or market surveillance authorities or 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 218 #
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. The authority approving the final stage of the vehicle shall be responsible for ensuring the completed vehicle fulfils all the requirements, and shall, where necessary, repeat original tests to verify that the performance of systems and components that were approved separately is still in conformity with those type approvals when incorporated into a completed vehicle.
Amendment 222 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) all data, drawings, photographs and other relevant information, including all engine management strategies deployed in different conditions of use;
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 234 #
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 Union legislative acts and test procedures.
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 239 #
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 Commission and the Agency 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 250 #
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4a. When performing verification testing pursuant to paragraphs 2 and 4, an approval authority shall designate a different technical service from the one used during the original type-approval testing.
Amendment 253 #
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 link between national authorities responsible for type approval and surveillance activities, technical services and manufacturers as regards funding for the testing activities concerned.
Amendment 258 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type- approvals activities shall be levied on the manufacturers who have applied for type- approval in the Member State concerned. Fees shall not be levied directly by technical services. Member States shall levy a EUR 10 fee per each vehicle sold on their territory on an annual basis to cover the costs of market surveillance and all other compliance verification activities required pursuant to the provisions of this Regulation.
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 267 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basi, i.e. when no vehicle of the type concerned was produced over a period of two years;
Amendment 268 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 a (new)
Article 34 – paragraph 1 – subparagraph 1 a (new)
The certificate of conformity will contain the specific conformity factor for the vehicle as measured under the Real Driving Emissions test in line with Commission Regulation (EU) 2016/646.
Amendment 269 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Consumer remedies Where a part, technical unit, system or whole vehicle sold in the Union is found not to be in conformity with the certificate of conformity and type approval requirements, the consumer is entitled have the vehicle put into conformity via replacement or repair, or to complete refund by the manufacturer, or partial refund where the vehicle has been put back into conformity but where the running costs and maintenance of the vehicle is more costly than originally advertised in the contract. Where repair or replacement is chosen by the consumer, the use of a courtesy vehicle free of charge during repairs or until replacement shall be provided for by the manufacturer.
Amendment 274 #
Proposal for a regulation
Article 47
Article 47
Amendment 275 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
The approval authority referred to in paragraph 1 shall, no later than 1 month following the notification, 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 approval and market surveillance authorities.
Amendment 276 #
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 period3 months, depending on the nature of the risk.
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 278 #
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 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 283 #
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 284 #
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 287 #
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 CommissionAgency establishes a non-compliance in accordance with Article 9(5), 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 indelegated acts in accordance with Article 87(2)8.
Amendment 288 #
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 Agency and 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 290 #
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, to the Agency and to the Commission without delay.
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
Article 69 – paragraph 1
Article 69 – paragraph 1
1. An approval authority or the Agency may at any time, whether on its own initiative, on the basis of a complaint, or on the basis of an assessment by a technical service, check the compliance of a manufacturer with Articles 65 to 70, and with the terms of the Certificate on Access to Vehicle OBD and Vehicle Repair and Maintenance Information laid down in Appendix 1 of Annex XVIII.
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 294 #
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The type-approval authority shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services or manufacturers.
Amendment 295 #
Proposal for a regulation
Article 71 – paragraph 6
Article 71 – paragraph 6
6. The type-approval authority shall have a sufficient number of competent personnel and resources at its disposal for the proper performance of the tasks foreseen by this Regulation
Amendment 296 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed byaudited every three years two type-approval authorities of oensure they comply with the requirements of this Regulation and carry out their duties in an independent and rigorous manner. The Agency shall coordinate such audits and ensure their Member States every two years. recommendations are applied, and may participate therein.
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 300 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
Amendment 304 #
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 assessmaudits shall include a verification of the national type approval procedures in order to evaluate correct and full implementation of the requirements for type approval under Union law, 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. If 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 audit. Other Member States shall not recognise the type approvals issued to vehicles, systems, components analysisd 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 308 #
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 discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issuIf 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 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 and follow-up on full implementation of the recommendations.
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 313 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
Amendment 315 #
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; applicable only in the case of components and separate technical units;
Amendment 318 #
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 324 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
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 327 #
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 330 #
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 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 333 #
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 344 #
Proposal for a regulation
Article 90 a (new)
Article 90 a (new)
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 348 #
Proposal for a regulation
Article 91 – paragraph 1 – point 5
Article 91 – paragraph 1 – point 5
Amendment 349 #
Proposal for a regulation
Article 91 – paragraph 1 – point 5 a (new)
Article 91 – paragraph 1 – point 5 a (new)
Regulation (EC) 715/2007
Article 5 – paragraph 2 – subparagraph 1a (new)
Article 5 – paragraph 2 – subparagraph 1a (new)
Amendment 351 #
Proposal for a regulation
Article 91 – paragraph 1 – point 6 a (new)Regulation (EC) 715/2007
Article 91 – paragraph 1 – point 6 a (new)Regulation (EC) 715/2007
Article 14 a (new)
(6a) The following Article 14a shall be inserted “Article 14a Review The Commission shall review the emissions limits set out in Annex I with a view to improving air quality in the Union and to achieving the EU ambient air quality limits as well as the WHO recommended levels, and shall come forward with proposals, as appropriate, for new technology neutral Euro7 emission limits applicable for all M1 and N1 vehicles placed in the Union market by 2025.”
Amendment 352 #
Proposal for a regulation
Article 3 – paragraph 1 – point 43
Article 3 – paragraph 1 – point 43
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 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 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 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 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 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 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.