Activities of Pascal DURAND related to 2016/0014(COD)
Legal basis opinions (0)
Amendments (212)
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 250 #
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionAgency should have the possibility to investigate individual cases.
Amendment 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 315 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised, and in order to clarify that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly , further clarifications with regard to the details of the information to be provided under Regulation (EC) No 715/2007 are necessary.
Amendment 317 #
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37b) Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, whereupon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well defined meta-data to accommodate existing IT infrastructures.
Amendment 318 #
Proposal for a regulation
Recital 37 c (new)
Recital 37 c (new)
(37c) Without prejudice to vehicle manufacturers' obligation to provide Repair and Maintenance Information via their Website, the access to in-vehicle data, shall remain directly and independently accessible to Independent Operators.
Amendment 323 #
Proposal for a regulation
Recital 40
Recital 40
(40) The Agency and the Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
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 344 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘approval authority’ means the authority or authorities of a Member State, notified to the Commission by that Member State, with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, withdrawing or refusing approval certificates, for acting as the contact point for the approval authorities of the other Member States, for designating the technical services, and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;
Amendment 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 349 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30
Article 3 – paragraph 1 – point 30
(30) ‘step-by-step type-approval’ means the procedure consisting of the step-by-step collection of the whole set of EU type- approval certificates for the systems, components and separate technical units forming part of a vehicle, and which leads, at the final stage, to the whole-vehicle type-approval;
Amendment 352 #
Proposal for a regulation
Article 3 – paragraph 1 – point 43
Article 3 – paragraph 1 – point 43
Amendment 353 #
Proposal for a regulation
Article 3 – paragraph 1 – point 46
Article 3 – paragraph 1 – point 46
(46) ‘'vehicle repair and maintenance information’' means all information required for diagnosing, servicing, inspecting, road worthiness testing, periodic monitoring, repairing, re- programming or re-initialising or for the remote diagnostic support of a vehicle as well as for the fitting on vehicles of components, separate technical units, parts and equipment, and that is used or provided by the manufacturer toincluding his authorised dealers and repairerpartners, dealers, repairers and network, to offer products or services for vehicle repair and maintenance purposes, including all subsequent amendments and supplements to that information;
Amendment 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 383 #
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. The European authority and the national authorities shall impose dissuasive sanctions in the event of violations by a manufacturer or technical service. In particular, if an instance of fraud is detected, the responsible authorities must be able to impose an immediate, compulsory recall of the vehicles and the withdrawal of their type approval certificates.
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 419 #
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 complaints, third- party testing, new technologies on the market, reports from periodic technical inspections and data from roadside remote monitoring units. Market surveillance authorities shall follow up on substantiated complaints.
Amendment 427 #
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 deemed necessary by the market surveillance authorities.
Amendment 434 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe14 calendar days of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage.
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 445 #
Proposal for a regulation
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
6b. Market surveillance authorities shall establish binding guidelines for recalls including repairs, compensation and sanctions in order to ensure uniform application and to provide certainty for manufacturers
Amendment 447 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public, the Agency and third parties upon request. These reviews and assessment should inter alia also concentrate on the independence of market surveillance activities and to the technological level of the tests performed. The Member State concerned shall make a summary of the results accessible to the general 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 463 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission mayshall adopt implementing acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
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 581 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. For the purposes of EU type- approval, a manufacturer established outside the Union shall appoint a single representative established within the Union to represent the manufacturer before the approval authority, the Agency and the Commission. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval.
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 586 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The manufacturer shall be responsible to the approval authority and the Agency for all aspects of the approval procedure and for ensuring conformity of production, whether or not he is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.
Amendment 595 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis of incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate.
Amendment 597 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The manufacturer shall immediately inform the approval authority and the Agency that has granted the approval in detail of the non- conformity and of any measures taken.
Amendment 601 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States and the Agency in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.
Amendment 603 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
The vehicle manufacturer shall keep at the disposal of the approval authorities, Commission and Agency a copy of the certificates of conformity referred to in Article 34.
Amendment 606 #
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, the Commission or the Agency, provide that authoritythem, 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 608 #
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The manufacturer shall, following a reasoned request from a national authority, the Agency or the Commission, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 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 612 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of acooperate with the approval or market surveillance authorities, the Agency or the Commission, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, component ors, separate technical units, parts or equipment covered by that mandate;
Amendment 620 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, he shall inform the manufacturer and the market surveillance authorities and the Agency thereof. For type- approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.
Amendment 628 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market. This information should also be sent to the Agency.
Amendment 630 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The importer shall also inform the approval and market surveillance authorities, and the Agency of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 631 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The importer shall, for a period of ten years after the placing on the market of the vehicle and for a period of five years as from the placing on the market for a system, component or separate technical unit, keep a copy of the certificate of conformity at the disposal of the approval and market surveillance authorities and the Agency and ensure that the information package referred to in Article 24(4) can be made available to those authorities, upon request.
Amendment 634 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The importer shall, upon a reasoned request from a national authority or the Agency, provide that authority with all the information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit in a language that can be easily understood by that authority. The importer shall, following a reasoned request from a national authority or the Agency, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 640 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer or the importer, the importer and the type approval and market surveillance authorities and the Agency to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1).
Amendment 643 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States and the Agency in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
Amendment 647 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The distributor shall, following a reasoned request from a national authority or the Agency, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 651 #
Proposal for a regulation
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
(a) step-by-step type-approval; this shall not apply to type approval of separate systems
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 663 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
An application for a step-by-step type- approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports, required pursuant to the applicable acts listed in Annex IV. This shall not apply to type approval of separate systems.
Amendment 672 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall have access to the software and algorithms of the vehicle. Manufacturers shall give the software to the approval authorities and the technical service in a standardised form which can be read using generally available software programmes.
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 682 #
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 3
Article 24 – paragraph 4 – subparagraph 3
The approval authority shall keep the information package available for a period of ten years after the end of validity of the EU type-approval concerned. This information package should also be sent to the Agency.
Amendment 690 #
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 693 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the CommissionAgency, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 696 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the CommissionAgency of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
Amendment 699 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed solely and in full by designated technical services.
Amendment 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 706 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 711 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. An approval authority that has granted an EU type-approvalThe Agency shall take the necessary measures in accordance with Annex X to verify, where necessary in cooperation with thnational type approval authorities of the other Member States,, that the arrangements referred to in paragraphs 1 and 2 continue to be adequate so that vehicles, systems, components or separate technical units in production continue to conform to the approved type and certificates of conformity continue to comply with Articles 34 and 35.
Amendment 715 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approvalAgency shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 718 #
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 720 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. AWhere an approval authority, that has granted an EU type-approvale Agency or the Commission and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly and immediately brought back into compliance or withdraw the type-approval.
Amendment 726 #
Proposal for a regulation
Article 30 – title
Article 30 – title
National fee structure for type-approvals and market surveillance costs
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 739 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type approval 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.
Amendment 753 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. The Commission shall periodically and at least every 3 years, review the fee amount and modalities of the collection and distribution and use of this fee The Commission may adopt delegated acts in order to define this fee and modalities of collection and distribution.
Amendment 758 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
Amendment 761 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30a Fees levied at EU level for market surveillance 1. Manufacturers shall pay a fee equivalent to 1/ 2 500th of the retail cost of the vehicle in euros to the Agency for each vehicle sold, 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. 2. The Commission may adopt delegated acts in order to adjust the fee referred to in paragraph 1 to be applied to each vehicle sold in the European Union
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 777 #
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 basis, i.e. when no vehicle of the type concerned was produced over a period of the previous two years;;
Amendment 784 #
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Upon reception of the notification made by the manufacturer, the approval authority that granted the EU type-approval shall communicate without delay to the approval authorities of the other Member States and the CommissionAgency all relevant information for the making available on the market, registering or entering into service of vehicles, where appropriate.
Amendment 786 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 3 a (new)
Article 34 – paragraph 1 – subparagraph 3 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 Regulation (EU) 646/2016.
Amendment 789 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36a Consumer remedies 1. 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 at the original price paid by the consumer, 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. 2. 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. 3. This Article is without prejudice to the right of the consumer to claim for pecuniary and non-pecuniary damages, or to seek any collective redress or alternative dispute resolution as a result of non-conformity
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 811 #
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 one month 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 and give them access without delay to any information required.
Amendment 814 #
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 817 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The relevant approval authority shall inform the CommissionAgency and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 818 #
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. Where the economic operator does not take adequate corrective measures within the period referred to in the second subparagraph of paragraph 2, the Agency or national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of non-compliant vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them.
Amendment 820 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionAgency and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 824 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the CommissionAgency and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non-conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 826 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the CommissionAgency in accordance with Article 51.
Amendment 827 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the CommissionAgency in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 830 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the CommissionAgency has considered that a national measure is contrary to Union legislation, the CommissionAgency shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 834 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the CommissionAgency considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non-compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the CommissionAgency accordingly. Where the CommissionAgency considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1.
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 842 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Member State shall within one month of the request referred to in paragraph 1 provide the CommissionAgency and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
Amendment 843 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The CommissionAgency shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 852 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where the Agency, 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 853 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionAgency shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 856 #
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the CommissionAgency and the other Member States.
Amendment 858 #
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 Article 87(2)8.
Amendment 860 #
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 2
Article 54 – paragraph 8 – subparagraph 2
The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the CommissionAgency accordingly.
Amendment 862 #
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the CommissionAgency in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 869 #
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 1
Article 56 – paragraph 4 – subparagraph 1
Before issuing any authorisation, the approval authoritAgency shall verify the existence of arrangements and procedures for ensuring effective control of the conformity of production.
Amendment 872 #
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 2
Article 56 – paragraph 4 – subparagraph 2
Where the approval authoritAgency finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought into conformity. Where necessary, it shall withdraw the authorisation.
Amendment 873 #
Proposal for a regulation
Article 56 – paragraph 5
Article 56 – paragraph 5
5. Upon request of a national authority of another Member State or the Agency, the approval authority that has issued the authorisation shall, within one month of the receipt of that request, send to the former a copy of the issued authorisation certificate together with its attachments by means of a common secure electronic exchange system. The copy may also take the form of a secure electronic file.
Amendment 876 #
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 CommissionAgency 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 878 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 1
Article 57 – paragraph 3 – subparagraph 1
The manufacturer shall propose to the Agency and the approval authority that granted the type- approval a set of appropriate remedies to bring the vehicles, systems, components or separate technical units in conformity and, where appropriate, to neutralise the serious risk referred to in Article 20 of Regulation (EC) No 765/2008.
Amendment 880 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority and the Agency shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the CommissionAgency without delay.
Amendment 882 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Where an approval authority or the CommissionAgency considers that the remedies referred to in Article 57(3) are insufficient or are not implemented quickly enough, they shall notify their concern to the approval authority that granted the EU type-approval and the Commission without delay.
Amendment 884 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
The approval authority that granted the EU type-approval shall request the manufacturer to take corrective measures to address the concerns notified. Where the manufacturer does not propose and implement effective corrective measures, the approval authority that granted the EU type-approval or the Agency shall take all restrictive measures required, including the withdrawal of the EU type-approval and mandatory recall, and inform the approval authorities of the other Member States and the CommissionAgency about the restrictive measures taken. In the case of withdrawal of the EU type-approval, the approval authority or the Agency shall inform without delay the manufacturer by registered letter or equivalent electronic means of that withdrawal.
Amendment 888 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Where an approval authority considers that the restrictive measures taken by the approval authority that granted the EU type-approval pursuant to article 58(1) are not sufficient or timely enough, .it shall inform the CommissionAgency thereof and it may take appropriate restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned non- compliant vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them..
Amendment 890 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1
Article 58 – paragraph 3 – subparagraph 1
The CommissionAgency, through the Forum shall hold appropriate consultations with the parties involved and shall decide whether the restrictive measures taken by the approval authority that granted the EU type-approval are sufficient and timely enough, and where necessary, propose appropriate measures to ensure that the conformity is restored and/or the serious risk referred to in Article 57(3) is effectively neutralised. That decision shall also address the suitability of the restrictive measures taken by approval authorities who considered the action taken by the approval authority that granted the EU type-approval as not sufficient or timely enough. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 893 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where, within one month of receipt of the notification regarding the approved remedies referred to in Article 57(3), no objection has been raised against those remedies by either another Member State or the CommissionAgency, those remedies shall be deemed justified. The other Member States shall ensure that those remedies are applied in respect of the vehicles, systems, components or separate technical units concerned that have been made available on the market, registered, or entered into service in their territory.
Amendment 900 #
Proposal for a regulation
Article 63 – paragraph 3 – subparagraph 1 a (new)
Article 63 – paragraph 3 – subparagraph 1 a (new)
The Agency when either carrying out its own activities or coordinating national market surveillance activities, shall make publicly available and free of charge the list of vehicles and their trailers, and of systems, components and separate technical units that are found not to meet safety, health and environment standards, as well as the manufacturers thereof.
Amendment 908 #
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
Article 65 – paragraph 2 – subparagraph 2
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairersFor independent operators other than repairers, the information shall also be given in a machine-readable format that can be electronically processed with commonly available IT tools and software, which allows independent operators to execute their business functions in the aftermarket supply chain.
Amendment 910 #
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2 a (new)
Article 65 – paragraph 2 – subparagraph 2 a (new)
Access to OBD information and data shall be facilitated for consumers in order to encourage the development of new technologies which help to monitor fuel consumption and emissions and safety throughout the expected life of the vehicle
Amendment 912 #
Proposal for a regulation
Article 65 – paragraph 10
Article 65 – paragraph 10
10. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3. The Commission shall also be empowered to adopt delegated acts in accordance with Article 88 and create Annex XVIIIA to address technological developments in the field of digital data exchange using a wireless wide area network, ensuring the continued direct access to in-vehicle data and resources for Independent Operators and competition- neutrality by technical design.
Amendment 918 #
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. An approval authority or the Commission 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 919 #
Proposal for a regulation
Article 69 – paragraph 2 – subparagraph 1
Article 69 – paragraph 2 – subparagraph 1
Where an approval authority or the Agency finds that the manufacturer has failed to comply with his obligations regarding access to vehicle OBD and vehicle repair and maintenance information, the approval authority that granted the relevant type- approval shall take appropriate measures to remedy the situation.
Amendment 921 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer. The approval authority request the approval authority who granted the whole vehicle type-approval to investigate the complaint and request evidence from the vehicle manufacturer to proof that its system is in compliance with the Regulation. The results of this investigation shall be communicated within a period of three months to the national approval authority and the independent operator or trade association
Amendment 923 #
Proposal for a regulation
Article 69 – paragraph 3 a (new)
Article 69 – paragraph 3 a (new)
3a. An independent operator or a trade association may submit a complaint to its national type approval authority or directly to the authority who granted the whole vehicle type-approval, or to the Commission.
Amendment 925 #
Proposal for a regulation
Article 69 – paragraph 4 a (new)
Article 69 – paragraph 4 a (new)
4a. The Commission may organise and carry out, or require to be carried out, audits so as to ensure compliance with the requirements set out in Chapter XIV.
Amendment 926 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Forum referred to in paragraph 1 shall advise the Commission on measures to prevent misuse offor the approval and authorisation of independent operators when accessing security-related vehicle OBD and vehicle repair and maintenance information.
Amendment 927 #
Proposal for a regulation
Article 70 – paragraph 2 a (new)
Article 70 – paragraph 2 a (new)
2a. The standardised access to in- vehicle data shall remain directly accessible to Independent Operators by means of the vehicle’s standardised physical data link connector or technologies using a standardised wireless connection and shall not be restricted or controlled by the vehicle manufacturer.
Amendment 929 #
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 932 #
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 941 #
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 oaudited every three years to ensure they comply with the requirements of this Regulation and carry out their Member States every two yearsduties in an independent and rigorous manner. The Agency shall coordinate such audits and ensure their recommendations are applied, and may participate therein.
Amendment 947 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StatesAgency 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 948 #
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 analysis. d 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 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 959 #
Proposal for a regulation
Article 71 – paragraph 9 a (new)
Article 71 – paragraph 9 a (new)
9a. 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 964 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the Commission and the otherAgency and Member States on how it has addressimplemented the recommendations in the peer-reviewaudit report.
Amendment 966 #
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision before and after 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; This shall only apply in the case of components and separate technical units, Category B tests are not permitted in the case of whole-vehicle type-approvals;
Amendment 971 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 972 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
Amendment 982 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 989 #
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 in law 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 991 #
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 994 #
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 995 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
Article 77 – paragraph 1 – subparagraph 1
Before designating a technical service, the type-approval authority shall assess it in accordance with an assessment check-list that comprehensively covers at least the requirements listed in Appendix 2 of Annex V. This check-list shall be harmonised across all Member States and coordinated via the Agency The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union.
Amendment 1001 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of the Agency or the Commission, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type- approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
Amendment 1010 #
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
5. The Member States shall notify to the CommissionAgency the names of the representatives of the type-approval authority to call upon for each joint assessment.
Amendment 1014 #
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1
Article 77 – paragraph 7 – subparagraph 1
The type-approval authority shall notify the assessment report to the CommissionAgency and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.
Amendment 1016 #
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
8. The type-approval authorities of the other Member States and the CommissionAgency may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence..
Amendment 1017 #
Proposal for a regulation
Article 77 – paragraph 10
Article 77 – paragraph 10
10. The type-approval authorities of the other Member States or the CommissionAgency may individually or jointly address recommendations to the type-approval authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That type-approval authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that type-approval authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision. The Commission/Agency shall have the right to take and implement a final binding decision.
Amendment 1020 #
Proposal for a regulation
Article 77 – paragraph 12
Article 77 – paragraph 12
Amendment 1043 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 1
Article 80 – paragraph 3 – subparagraph 1
At least every 30 months, the type- approval authority, together with representatives of the type-approval authority of two other Member States and at least one representative of the Agency shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. This assessment shall include an on-site visit to each technical service under its responsibility.
Amendment 1050 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Article 81 – paragraph 1 – subparagraph 1
The CommissionAgency shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.
Amendment 1052 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2
Article 81 – paragraph 1 – subparagraph 2
The CommissionAgency shall investigate the responsibility of the technical service in the case where it is demonstrated or where there are justified grounds to consider that a type approval has been granted on the basis of false data or that the test results have been falsified or that data or technical specifications have been withheld that would have led to the refusal to grant the type approval,.
Amendment 1057 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. The CommissionAgency shall consult the type- approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type- approval authority of that Member State shall provide the CommissionAgency, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.
Amendment 1058 #
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The CommissionAgency shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Amendment 1062 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 1
Article 81 – paragraph 4 – subparagraph 1
Where the CommissionAgency ascertains that a technical service does not or no longer comply with the requirements for its designation or that it is responsible for any of the wrong-doings referred to in paragraph 1, it shall inform the Member State of the type-approval authority thereof.
Amendment 1064 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 2
Article 81 – paragraph 4 – subparagraph 2
The CommissionAgency shall request that Member State to take restrictive measures, including the suspension, restriction or withdrawal of the designation, where necessary.
Amendment 1068 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Type-approval authorities shall consult each other, the agency, the forum and the Commission on questions with general relevance with regard to the implementation of the requirements set out in this Regulation in relation with the assessment, designation and monitoring of technical services.
Amendment 1071 #
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Type-approval authorities shall communicate to each other, the agency, the forum and the Commission not later than two years after the entry into force of this Regulation the model for assessment check-list used in accordance with Article 77(1) and thereafter the adaptations made to this check-list until the Commission has adopted a harmonised assessment check- list. The Commission shall be empowered to adopt implementing acts to establish the template of the assessment check-list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1076 #
Proposal for a regulation
Article 85 – paragraph 1 – introductory part
Article 85 – paragraph 1 – introductory part
1. Technical services shall inform their approval authority and the Agency of the following:
Amendment 1077 #
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. Upon request from their approval authority or the Agency, technical services shall provide information on the activities within the scope of their designation and on any other activity performed, including cross-border activities and subcontracting.
Amendment 1084 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), and Article 65 (11) ,Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 1090 #
Proposal for a regulation
Article 89 – paragraph 1
Article 89 – paragraph 1
1. Member StatesThe Agency shall lay down thEU wide 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. The agency should also ensure EU wide coherence regarding the level of fines with respect to the type of infringement.
Amendment 1092 #
Proposal for a regulation
Article 89 – paragraph 2 – introductory part
Article 89 – paragraph 2 – introductory part
2. The types of infringements by eEconomic operators and technical services are subject to penalties shall be at least the followingin case of non-compliance with the provisions of this Regulation and all applicable law, in particular:
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 1097 #
Proposal for a regulation
Article 89 – paragraph 2 – point c b (new)
Article 89 – paragraph 2 – point c b (new)
(cb) non-conformity of production;
Amendment 1098 #
Proposal for a regulation
Article 89 – paragraph 2 – point c c (new)
Article 89 – paragraph 2 – point c c (new)
(cc) designation of technical services not accredited to EU requirements;
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.
Amendment 1105 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1
Where the compliance verification by the CommissionAgency referred to in Article 9(1) and (4), or Article 54(1) or by Member States Market Surveillance authorities as referred to in Article 8(1) reveals non- compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the CommissionAgency may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Amendment 1109 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the CommissionAgency shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 1115 #
Proposal for a regulation
Article 91 – paragraph 1 – point 5
Article 91 – paragraph 1 – point 5
Amendment 1116 #
Proposal for a regulation
Article 91 – paragraph 1 – point 5 a (new)
Article 91 – paragraph 1 – point 5 a (new)
Regulation (EC) No 715/2007
Article 14 – paragraph 3
Article 14 – paragraph 3
(5a) In Article 14 paragraph 3 is replaced by the following: "The Commission shall keep under review the procedures, tests and requirements referred to in Article 5(3) as well as the test procedures used to measure emissions in order to ensure that they are adequate, including with regard to defeat devices, and reflect real world emissions. The Commission shall introduce and complete, in accordance with Article 5(3) and without undue delay a real driving emissions test for all vehicles and pollutants to ensure the effectiveness of emission control systems and to enable the vehicle to comply with this Regulation and its implementing measures in normal use throughout the normal life of the vehicles. The conformity factor for NOx applicable from 2020 to all vehicles placed on the Union market shall be no more than 1,18. The conformity factor for PN applicable from 2020 to all vehicles placed on the Union market shall be 1."
Amendment 1117 #
Proposal for a regulation
Article 91 – paragraph 1 – point 5 b (new)
Article 91 – paragraph 1 – point 5 b (new)
Regulation (EC) No 715/2007
Article 14 a (new)
Article 14 a (new)
Amendment 1125 #
Proposal for a regulation
Annex XVIII – point 2 – point 2.8 a (new)
Annex XVIII – point 2 – point 2.8 a (new)
2.8a. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall continue to be made available through the standardised, physical data link connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B.
Amendment 1126 #
Proposal for a regulation
Annex XVIII – point 2 – point 2.8 b (new)
Annex XVIII – point 2 – point 2.8 b (new)
2.8b. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall continue to be made available through the standardised, physical data link connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B. This connector shall also comply with the requirements of ISO 13400-4 if it is used for diagnostics over internet protocol (DoIP) or high speed software updating.
Amendment 1127 #
Proposal for a regulation
Annex XVIII – point 6 – point 6.1 – paragraph 3
Annex XVIII – point 6 – point 6.1 – paragraph 3
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available in a database as machine readable and as electronically processable datasets that is easily accessible to independent operators.
Amendment 1128 #
Proposal for a regulation
Annex XVIII – point 6 – point 6.3
Annex XVIII – point 6 – point 6.3
6.3. The Forum on Access to Vehicle Information referred to in Article 70 shall specify the parameters for fulfilling these requirements in accordance with the state of the art. The independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that he pursues a legitimate business activity and has not been convicted of any relevant criminal activity.
Amendment 1129 #
Proposal for a regulation
Annex XVIII – point 6 – point 6.4
Annex XVIII – point 6 – point 6.4
6.4. With regard to vehicles falling in the scope of Regulation (EC) No 595/2009, rReprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC RP1210B using non-proprietary hardware. Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g. navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is requiredIf reprogramming or diagnostics is conducted using ISO 13400 DoIP, it shall comply with the requirements of the before-mentioned standards. Where vehicle manufacturers use additional proprietary communication protocols, then these protocol specifications shall be made available to independent operators. For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900- 2 or SAE J2534 or TMC RP1210B, the manufacturer shall offer ewither a validation of independently developed VCIs or the information, and loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware. in six months of the granting of type approval, a validation of independently developed VCIs and the test environment, including information on the specifications of the communication protocol and the loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware. Corresponding conformity compliance must be ensured either by mandating CEN to develop appropriate conformity standards or by using existing ones such as SAE J2534-3. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware.
Amendment 1141 #
Proposal for a regulation
Annex XVIII – point 7 a (new)
Annex XVIII – point 7 a (new)
7a. Vehicle manufacturers shall make available via a web service or as a download an electronic data set comprising all VIN numbers (or a requested sub-set) and the correlated individual specification and configuration features which were originally built into the vehicle
Amendment 1142 #
Proposal for a regulation
Annex XX – title
Annex XX – title
Technical information to enable complete roadworthiness test methods to be fulfilled