12 Amendments of Catherine BEARDER related to 2016/0014(COD)
Amendment 497 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2 a (new)
Article 9 – paragraph 3 – subparagraph 2 a (new)
The Member States shall give all necessary assistance and provide all documentation and other technical support that Commission experts request to enable them to carry out tests, checks and inspections. The Member States ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties.
Amendment 524 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Member States shall take appropriate follow-up action in the light of the recommendations included in the report resulting from the compliance verification, and shall upon request verify the functioning and organisation of the competent authorities and investigate important or recurring problems in the Member State.
Amendment 540 #
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. Decisions in the Forum shall be taken by simple majority.
Amendment 568 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The Forum shall establish a standing committee of ten independent auditors and a representative of the Commission carrying out regular audits of national type approval authorities and market surveillance authorities to verify compliance with the requirements of this Regulation and performance of their duties in an independent, efficient and effective manner. The audits shall be subject to independent scrutiny and carried out in a transparent manner. The audits shall include the following, as appropriate: (a) an assessment of the procedures and protocols; (b) an assessment of the designation of technical services; (c) on-site visits and interviews with staff of the national authorities and designated technical services (d) controls of laboratories, facilities, measurement instruments and sampling methods; (e) an assessment of the type approvals issued. (f) any other activity required to identify non-compliances. The auditors may contract a third party to assist with audits. Auditors, and contracted third parties, shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) at the fullest extent necessary in order to protect the interest of users and citizens in the European Union. The Member States shall give all necessary assistance and provide all documentation and support that auditors request to enable them to carry out their duties. The Member States ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. The Forum shall make the available the results of the audits to the Member States and the Commission. The Member States and the Commission shall take appropriate follow-up action in the light of the information and recommendations included in the reports resulting from the audits.
Amendment 574 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to lay down the composition, appointment process, detailed tasks, working methods and rules of procedure of the Forum and the standing committee of auditors.
Amendment 653 #
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) 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; (b) verification that performance of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated into a whole vehicle; (c) any other check or verification required to prevent non-compliance with this Regulation.
Amendment 664 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. In the case of application for whole vehicle type-approval, the manufacturer shall provide detailed information, including engineering justification, on any auxiliary engine management strategy used outside of the conditions specified in relevant EU legislative acts and test procedures.
Amendment 938 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member States every two yearsaudited by the Forum´s standing committee of auditors every two years in accordance with provisions of Article 10.
Amendment 945 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StateForum´s standing committee of auditors shall draw up the annual plan for the peer-reviewaudits, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.
Amendment 951 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-reviewaudits shall include an on-site visit to aone or more technical services under the responsibility of the reviewed authority. The Commission may participate in the reviewaudit and decide on its participation on the basis of a risk assessment analysis.
Amendment 981 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 1112 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) No 715/2007
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
(3a) in Article 5, the following subparagraph is added after paragraph 2 point c: “Manufacturers seeking EU type- approval for a vehicle using a Base Emissions Strategy (BES), Auxiliary Emission Strategy (AES) or defeat device, as defined in this Regulation or Regulation 2016/646/EU, shall provide the type-approval authority with all information, including technical justification, that may be reasonably required by the type approval authority to determine whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under Article 5(2) of Regulation (EC) 715/2007 is applicable. Manufacturers shall declare in writing to the type approval authority that all information regarding a BES, AES or defeat device is provided and that the type of vehicle is not equipped with a prohibited defeat device. The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device. For the purpose of its assessment and verifying compliance or non-compliance with the requirements of this Article the type approval authority, the market surveillance authority or the Commission may carry out a supplementary surprise test, with parameters different than the tests set out in this Regulation. The parameters of the supplementary surprise test shall be defined each time solely by the type approval authority, the market surveillance authority or the Commission and remain strictly confidential and unknown by the manufacturer until the final publication of the test results.”