Activities of Merja KYLLÖNEN related to 2016/0014(COD)
Plenary speeches (2)
Approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (debate) FI
Approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (debate) FI
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles
Amendments (67)
Amendment 43 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This regulation should ensure a reliable, harmonised and transparent type approval and market surveillance procedures in the Member States.
Amendment 75 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This regulation should ensure a reliable, harmonised and transparent type approval and market surveillance procedures in the Member States.
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘'market surveillance’' means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety, the environment or any other aspect of public interest protection including consumer rights;
Amendment 103 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety, the environment or any other aspect of public interest protection including consumer rights;
Amendment 108 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality and accuracy of the type- approvals issued. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission, the Forum and third parties upon request. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type- approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 114 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission, the Forum and third parties upon request. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of those vehicles, systems, components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers.
Amendment 120 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities both which need to be periodically audited. Member States shall notify the Commission of the establishment and appointment of such authorities.
Amendment 123 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
That notification shall include the name of those authorities, their address, including their electronic address, and their audited competences. The Commission shall publish on its website a list and details of the approval authorities and the market surveillance authorities.
Amendment 132 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. This shall include access to software, algorithms, engine control units and any other technical specifications necessary.
Amendment 133 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality of the type-approvals issued. Such reviews and assessments shall be carried out at least every fourthree years and the results thereof shall be communicated to the other Member States and, the Commission and third parties upon request. The Member State concerned shall make a summary of the results accessible to the general public, in particular the number of type-approval granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 137 #
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 fourthree years and the results thereof shall be communicated to the other Member States and, the Commission and third parties upon request. The Member State concerned shall make a summary of the results accessible to the general public.
Amendment 140 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Approval authorities shall only approve such vehicles, systems, components or separate technical units that comply with the requirements of this Regulation and which they have been audited to approve.
Amendment 142 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets unless it is in the public interest, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union.
Amendment 147 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission and third parties upon request. The Member State concerned shall make a summary of the results accessible to the public, in particular the number and model names of those vehicles, systems, components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers.
Amendment 152 #
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 that are representative of the number of vehicles in that Member State. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information.
Amendment 156 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. This shall include access to software, algorithms, engine control units and any other technical specifications necessary.
Amendment 159 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 a (new)
Article 8 – paragraph 4 – subparagraph 1 a (new)
The cost of the market surveillance activities pursuant to this article shall be borne by the manufacturers of the vehicles, systems, components and separate technical units concerned.
Amendment 163 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets unless it is in the public interest, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
Amendment 164 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every fourtwo years and the results thereof shall be communicated to the other Member States and, the Commission and third parties upon request. The Member State concerned shall make a summary of the results easily accessible to the general public.
Amendment 201 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for EU type- approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedures when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 201 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish within three months a report of its findings following any compliance verification testing it has carried out.
Amendment 212 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States, representatives of the Commission and the European Parliament. As observers, it shall include representatives of technical services, third-party testing organisations, safety and environment NGOs and consumer groups.
Amendment 218 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. The authority approving the final stage of the vehicle shall be responsible for ensuring the completed vehicle fulfils all the requirements, and shall, where necessary, repeat original tests to verify that the performance of systems and components that were approved separately is still in conformity with those type approvals when incorporated into a completed vehicle.
Amendment 222 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) all data, drawings, photographs and other relevant information, including all engine management strategies deployed in different conditions of use;
Amendment 223 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for EU type- approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedures when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 231 #
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 a vehicle, system, component or separate technical unit, this shall include any technical specifications at type approval and access to software and algorithms as requested;
Amendment 241 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performance of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated into a whole vehicle.
Amendment 242 #
Proposal for a regulation
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) all data, drawings, photographs and other relevant information, including all engine management strategies deployed in different conditions of use;
Amendment 246 #
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 list of the software and algorithms of the vehicle as well access to the software and algorithms. In the case of whole vehicle type- approval, the manufacturer shall provide detailed information, including engineering justification, on any auxiliary engine management strategy used outside of the conditions specified in relevant EU legislative acts and test procedures.
Amendment 248 #
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 list of the software and algorithms of the vehicle as well access to the software and algorithms.
Amendment 268 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 a (new)
Article 34 – paragraph 1 – subparagraph 1 a (new)
The certificate of conformity will contain the specific conformity factor for the vehicle as measured under the Real Driving Emissions test in line with Commission Regulation (EU) 2016/646.
Amendment 269 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Consumer remedies Where a part, technical unit, system or whole vehicle sold in the Union is found not to be in conformity with the certificate of conformity and type approval requirements, the consumer is entitled have the vehicle put into conformity via replacement or repair, or to complete refund by the manufacturer, or partial refund where the vehicle has been put back into conformity but where the running costs and maintenance of the vehicle is more costly than originally advertised in the contract. Where repair or replacement is chosen by the consumer, the use of a courtesy vehicle free of charge during repairs or until replacement shall be provided for by the manufacturer.
Amendment 273 #
Proposal for a regulation
Article 28 – paragraph 3 – subparagraph 1 a (new)
Article 28 – paragraph 3 – subparagraph 1 a (new)
In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 275 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
The approval authority referred to in paragraph 1 shall, no later than 1 month following the notification, carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the approval and market surveillance authorities.
Amendment 276 #
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 2
Article 49 – paragraph 2 – subparagraph 2
Where, in the course of that evaluation, the approval authority that granted the approval finds that the vehicle, system, component or separate technical unit does not comply with the requirements laid down in this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to immediately withdraw the vehicle, system, component or separate technical unit from the market, or to recall it within a reasonable period3 months, depending on the nature of the risk.
Amendment 278 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
The Member State mayshall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
Amendment 280 #
Proposal for a regulation
Article 30 – title
Article 30 – title
Amendment 283 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for theirnsure that there is no conflict of interest or overlap of functions between national type- approvals and or market surveillance activities as well as for the type-approval testing and conformity of productuthorities, technical services and manufacturers. For this purpose they shall put in place independent and transparent funding provisions testing and inspections carried out by the technical services they have designato ensure there is no commercial link between testing bodies used for type approval and the manufacturers concerned.
Amendment 284 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 285 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Member States may establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 292 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. Member States may also put in place administrative charges on manufacturers in line with vehicles sold on the EU market each year. These fees shall be earmarked to fund type approval testing by technical services and market surveillance activities in line with Article 8 of this Regulation.
Amendment 295 #
Proposal for a regulation
Article 71 – paragraph 6
Article 71 – paragraph 6
6. The type-approval authority shall have a sufficient number of competent personnel and resources at its disposal for the proper performance of the tasks foreseen by this Regulation
Amendment 315 #
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision of the tests referred to in this Regulation and in the acts listed in Annex IV, where those tests are performed in the manufacturer’s facilities or in the facilities of a third party; applicable only in the case of components and separate technical units;
Amendment 318 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 330 #
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 period6 months, depending on the nature of the risk.
Amendment 335 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety, the environment or any other aspect of public interest protection including consumer rights;
Amendment 344 #
Proposal for a regulation
Article 90 a (new)
Article 90 a (new)
Amendment 348 #
Proposal for a regulation
Article 91 – paragraph 1 – point 5
Article 91 – paragraph 1 – point 5
Amendment 349 #
Proposal for a regulation
Article 91 – paragraph 1 – point 5 a (new)
Article 91 – paragraph 1 – point 5 a (new)
Regulation (EC) 715/2007
Article 5 – paragraph 2 – subparagraph 1a (new)
Article 5 – paragraph 2 – subparagraph 1a (new)
Amendment 351 #
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Article 52 – paragraph 1 – subparagraph 2
The Member State mayshall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
Amendment 357 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
Amendment 360 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it mayshall take all appropriate restrictive measures in accordance with Article 53(1).
Amendment 398 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Approval authorities shall only approve such vehicles, systems, components or separate technical units that comply with the requirements of this Regulation. The authority shall ensure that the vehicles and systems, components, or separate technical units tested for approval are equivalent to those that will be placed on the market.
Amendment 409 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewaudited by two type-approval authorities of other Member States every two years.
Amendment 415 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member States shall draw up the annual plan for the peer-reviewauditing, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.
Amendment 417 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review shall includeaudit shall include a verification of the type approval procedures and correct implementation of the requirements of 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 Commission may participate in the reviewaudit and decide on its participation on the basis of a risk assessment analysis.
Amendment 424 #
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-reviewaudits shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendations.
Amendment 429 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-reviewaudit report.
Amendment 433 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 437 #
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 438 #
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 in the Article 78.
Amendment 494 #
Proposal for a regulation
Article 80 – paragraph 4 – subparagraph 2
Article 80 – paragraph 4 – subparagraph 2
Within two months after finalising this assessment of the technical service, the Member States shall report to the Commission and to the other Member States on those monitoring activities. The reports shall contain a full summary of the assessment which shall be made publicly available.
Amendment 536 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
(3a) in Article 5, the following paragraph is added after point 2(c): Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation 2016/646/EU, shall provide the type-approval authority with all information, including technical justification, that may be reasonably required by the type-approval authority to determine whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under Article 5(2) of Regulation (EC) 715/2007 is applicable. The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.
Amendment 537 #
Proposal for a regulation
Article 93 – paragraph 2 a (new)
Article 93 – paragraph 2 a (new)
(2a) New Annex "XX" shall be incorporated that details the process for the evaluation of potential defeat devices. This shall specifically include, among other things, guidelines for applying the exceptions to the defeat device prohibition in Article 5(2) of Regulation (EC) 715/2007. It shall also include a range of temperatures, altitudes and other BES or AES parameters within which the triggering condition of a BES or AES "may reasonably be expected to be encountered in normal vehicle operation and use." Any such guidelines shall be based on best available technology.
Amendment 624 #
Proposal for a regulation
Article 15 – title
Article 15 – title
Obligations of importers concerning their vehicles, systems, components or separate technical units that are not in conformity or concerning their vehicles, systems, components, separate technical units, parts or equipment that present a serious risk
Amendment 703 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The required tests shall be performed on those vehicles, systems, components and separate technical units that are strictly representative of the type to be approved.
Amendment 931 #
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 other resources at its disposal for the proper performance of the tasks foreseen by this Regulation