30 Amendments of Karin KADENBACH related to 2016/0014(COD)
Amendment 42 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This Regulation should ensure that the national type-approval authorities interpret, apply and enforce the requirements of this Regulation across the Union. The Commission should be empowered to oversee the work of the national authorities by means of regular audits, re-tests of a random sample of the type-approvals issued and general monitoring of the harmonised application of this Regulation.
Amendment 46 #
Proposal for a regulation
Recital 9
Recital 9
(9) An effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by, inter alia, providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing and harmonising the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type- approval under the responsibility of type- approval authorities . The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to assure their consistent application across all Member States. The assessment methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services. In order to ensure adequate oversight and level playing field across Europe, the assessment of the applicant technical service should include the on- site assessment and witnessing the actual type-approval tests.
Amendment 59 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to ensure that tests and reports provided by technical services are not influenced by non-legitimate circumstances, the organisation and operation of technical services should ensure full impartiality. To this extent the in-house technical services of the manufacturer should not carry out type- approval and conformity testing for safety, fuel consumption, emissions and other compliance aspects of vehicles and those should be verified by independent third party laboratories only. To be able to carry out their tasks in a coherent and systematic manner the technical services should possess a satisfactory management system including provisions on professional secrecy. In order to allow technical services to perform their work properly, the level of knowledge and competence and independence of their personnel should be guaranteed at all times.
Amendment 61 #
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviewsubject to regular supervisory controls at Union level, including independent audits, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type- approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
Amendment 68 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to ensure independent testing for in-service compliance throughout the complete life-cycle of all applicable vehicles, robust and mandatory emission testing methods should be developed in order to provide roadworthiness test requirements that are based on the combination of direct tailpipe testing and of OBD testing, including the establishment of test methods for the measurement of NOx during the periodic emission testing pursuant to Directive 2014/45/EU and particulate levels and of their limit values. In particular, new remote sensing technologies can be used to identify grossly polluting vehicles on the road and focus in-service compliance testing for the regulated emission limits (PN, NOx, CO and HC) on these vehicles as the most cost-effective way to carry out periodic technical inspections in the future.
Amendment 72 #
Proposal for a regulation
Recital 24
Recital 24
(24) Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence. Moreover, it should be based on clear and detailed criteria and include among others random percentage checks on all current models, on vehicles with a new engine or technology installed, on vehicles with high or very low fuel economy, on vehicles with a very high sales volume and take into account past history of compliance, tips from consumers, results of remote sensing testing as well as concerns of independent research bodies.
Amendment 76 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) PTI- periodic technical inspection: The functionality of exhaust gas after-treatment systems (particle filters, oxidation Catalysts, Selective Catalytic NOx-Reduction (SCR) during the lifetime of a vehicle can effectively only be guaranteed by periodic technical inspections. However, this is essential for public health. With a view to prevent various kinds of tampering and manipulation exhaust gas after-treatment systems, Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC should be amended for mandatory periodic inspections.
Amendment 78 #
Proposal for a regulation
Recital 27
Recital 27
(27) The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service.
Amendment 96 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘market surveillance authority’ means the national authority or authorities, independent of any type-approval authority, which are responsible for carrying out market surveillance on the territory of the Member State;
Amendment 102 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008 and shall make the results of those actions available to the public free of charge, on the Commission’s website, within one month of conclusion of the tests.
Amendment 106 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators without prior notice and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 123 #
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 relevsignificant samples and coordinated with other Member States as laid down in Art 10 of this regulation. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. For any vehicle that undergoes a conformity of production or in-service conformity check, market surveillance authorities shall ensure that the chosen technical service is independent of the technical service who performed the original type approval (s) for the entire vehicle, systems, components or separate technical units.
Amendment 139 #
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. The cost of the market surveillance activities pursuant to this article shall be borne by the manufacturers of the vehicles, systems, components and separate technical units concerned.
Amendment 141 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority.
Amendment 142 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Market surveillance authorities shall carry out their duties independently and impartially. As regards administrative, technical and financial arrangements, they shall act fully independently, and there shall be strict separation between them and type-approval authorities, technical services and manufacturers. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
Amendment 143 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, unless it is in the public interest, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
Amendment 160 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Those tests and inspections may take placeshall be carried out on - new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below. and - registered vehicles in agreement with the vehicle registration holder.
Amendment 163 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 3 a (new)
Article 9 – paragraph 1 – subparagraph 3 a (new)
In addition, the Commission shall establish a database in which motor vehicle users and large motor vehicle fleet operators in all Member States can enter their actual fuel consumption figures. The database will serve to provide transparency for consumers and guidance for market surveillance measures.
Amendment 243 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The required tests shall be performed on those vehicles, systems, components and separate technical units that are strictly representative of the type to be approved.
Amendment 244 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1 a (new)
Article 28 – paragraph 3 – subparagraph 1 a (new)
In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 252 #
Proposal for a regulation
Article 30 – paragraph -1 (new)
Article 30 – paragraph -1 (new)
-1. Member States shall ensure that there is no conflict of interest or commercial relationship between national authorities responsible for type approval and market surveillance activities, technical services and manufacturers as regards funding for the testing activities concerned.
Amendment 255 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for activities, the type- approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 262 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Funding of market surveillance activities 1. Member States shall impose an administrative charge on manufacturers to cover the costs of national surveillance activities required by this Regulation. This charge shall be proportionate to the services required from national type approval and surveillance authorities and testing services to perform their tasks and duties in line with the provisions of this Regulation. For the purposes of the above paragraph, Member States shall levy manufacturers a charge of EUR 10 per each vehicle sold on their territory in a given year. The charge shall be collected at national level and used to cover the costs, in the following year, of market surveillance activities required pursuant to the provisions of this Regulation. 2. Member States shall notify annually the details of the fees collected and the annual total cost of surveillance testing performed as a result to the other Member States and the Commission via the Forum established in article 10. The first notification shall be effected on 1 January 2019 [date of entry into force of this Regulation + 1 year]. 3. The Commission may adopt implementing acts in order to update the annual amount referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 263 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
The amendment shall be designated a ‘revision’ where the approval authority finds that despite the change in the particulars recorded in the information package the concerned type of vehicle, system, component or separate technical unit continues to comply with the applicable requirements for this type and that, therefore, no inspections or tests need to be repeated. When evaluating such revisions, the approval authority shall take into account the results of relevant market surveillance activities pursuant to Article 8 of this Regulation.
Amendment 320 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
A technical service shall be an independent third-party organiszation or body that is notthat has no legal ties to any manufacturer or parts supplier, nor has itself any involvedment in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects.
Amendment 338 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation, in particular Articles 11 to 19 and 72 to 76, 84 and 85 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the concerned Member State market, or the number of non-compliant systems, components or separate technical unit made available on the concerned Member State market.
Amendment 339 #
Proposal for a regulation
Article 89 – paragraph 2 – point b
Article 89 – paragraph 2 – point b
(b) falsifying test results for type- approval; or surveillance testing
Amendment 340 #
Proposal for a regulation
Article 89 – paragraph 2 – point c a (new)
Article 89 – paragraph 2 – point c a (new)
(ca) use of illegal defeat devices
Amendment 343 #
Proposal for a regulation
Article 90 a (new)
Article 90 a (new)
Amendment 350 #
Proposal for a regulation
Article 91 – paragraph 1 – point 6
Article 91 – paragraph 1 – point 6
Regulation (EC) 715/2007
Article 11a – paragraph 1 – point b a (new)
Article 11a – paragraph 1 – point b a (new)
(ba) Fuel consumption and CO2 values determined under real driving condition will be made available to the public.