BETA

38 Amendments of Marie-Christine ARNAUTU related to 2016/0014(COD)

Marie-Christine ARNAUTU

Proposal for a regulation
Recital 1

(1) ~~The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured.~~ Internal market rules should be transparent, simple and consistent, thus providing legal certainty and clarity for the benefit of businesses ~~and consumer~~, customers and Member States.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Recital 1 a (new)

(1a) What is more, internal market rules should establish a legal framework that promotes the manufacture of motor vehicles in Europe and the industrial interests of the Member States. These rules should prevent manufacturing operations being relocated to third countries by creating a protective framework for jobs.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Recital 5

(5) In addition, recent problems encountered with the implementation of the type-approval framework have revealed particular weaknesses, in particular in Commission bodies, and demonstrate the need for a fundamental revision to ensure a robust, transparent, predictable and sustainable regulatory framework that provides a high level of safety and of health and environmental protection.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
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 Commission should have the possibility to investigate individual cases when requested to do so by the Council.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
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 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 of Member States and European manufacturers and the protection of personal data.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Recital 25

(25) In addition, the Commission 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 Commission 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 funding should be ensured in the general budget of the Union to enable the execution of such compliance verification testing and inspections. In view of the budgetary 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. The Commission should be entitled to impose administrative fines where non- compliance is established.deleted

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
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 authorities should be empowered by Member States 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.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Recital 38

(38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council20. __________________ 20 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).deleted

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Recital 39

(39) In order to supplement this Regulation with further technical details, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of type-approval requirements concerning the environmental and safety performance of motor vehicles and their trailers, and of systems, components and separate technical units for such vehicles. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Member States should be free to send their own experts to Commission expert group meetings.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Recital 40

(40) 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 Co~~mmission~~uncil annually, tso ~~monitor~~that all Member States can ensure the coherence of the implementation of these provisions.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Recital 42

(42) In order to properly implement the compliance verification by the Commission and to ensure a level playing field for economic operators and national authorities, the Commission should be competent to impose harmonized 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.deleted

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2

~~The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 88 to amend Annex II concerning the categorisation of vehicle sub- categories, types of vehicle and types of bodywork in order to adapt it to technical progress.~~

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 5 – paragraph 2

2. The Commission shall be empowered to adopt, in agreement with the Member States, delegated acts in accordance with Article 88 to amend Annex IV to take account of technological and regulatory developments by introducing and updating references to regulatory acts containing the requirements with which vehicles, systems, components and separate technical units have to comply.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1

Member States shall not prohibit, restrict or impede the placing on the market, registration or entry into service of vehicles, systems, components or separate technical units that comply with the requirements set out in this Regulation, ~~except in the cases provided in Article 52~~with due regard for Article 52. If they believe that certification and inspection authorities in other Member States are not reliable, they can order a manufacturer to undergo an ex ante inspection by their own competent national authorities.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2

~~By way of derogation from that rule,~~ Member States are not obliged to allow the placing on the market, registration or entry into service of vehicles that are type- approved in accordance with this Regulation, but exceed the harmonised dimensions laid down in Annex I to Council Directive 96/53/EC25. __________________ 25 Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235 17.9.1996, p. 59).

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 7 – paragraph 5

5. The Commission may, with the agreement of the Member States, adopt implementing acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1

Market surveillance authorities shall take appropriate measures to alert users within their territories ~~within an adequate timefram~~as quickly as possible 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.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 8 – paragraph 10

10. The Commission may, with the agreement of the Member States, 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).

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 9

~~[...]~~deleted

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

The Co~~mmission~~uncil shall establish and chair a Forum for Exchange of Information on Enforcement (‘the Forum’).

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 10 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 88 to lay down the composition, appointment process, detailed tasks, working methods and rules of procedure of the Forum.~~

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 22 – paragraph 3

3. The Commission shall, in agreement with the Member States, be empowered to adopt delegated acts in accordance with Article 88 to amend Annexes I and III to take account of technical and regulatory developments by updating the template for the information document, including a harmonised electronic format as referred to in paragraph 2.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 2

The Commission shall, in agreement with the Member States, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex V to take account of regulatory and technological developments by updating the procedures with respect to EU type-approval and Annex XVII with respect to multi-stage type-approval.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 29 – paragraph 6

6. The Commission shall, in agreement with the Member States, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex X to take account of technological and regulatory developments by updating the conformity of production procedures.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1

The national authorities shall inform the Council, the Commission and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
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 Commission, the Council 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.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
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 Co~~mmission~~uncil in accordance with Article 51.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
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 Commission has considered that a national measure is contrary to Union legislation, the Commission~~the Council 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 Co~~mmission~~uncil 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).~~

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2

The Co~~mmission~~uncil shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators. ~~The Member States shall implement without delay the Commission decision and inform the Commission accordingly.~~

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 52 – paragraph 4

4. The Commission 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).deleted

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
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 Commission establishes a non-compliance in accordance with Article 9(5), the Commission 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 in Article 87(2).deleted

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
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 operator or operators. The Member States shall implement without delay the Commission decision and inform the Commission accordingly.deleted

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 55 – paragraph 2 – subparagraph 1

The Commission shall, in agreement with the Member States, be empowered to adopt delegated acts in accordance with Article 88 to lay down the requirements that the parts and equipment referred to in paragraph 1 have to comply with.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 55 – paragraph 3 – introductory part

3. The Commission shall, in agreement with the Member States, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex XIII to take account of technical and regulatory developments by updating the list of parts or equipment on the basis of information regarding:

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 4

The Commission shall, in agreement with the Member States, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex XI to take account of technical and regulatory developments by updating the template and the numbering system for the authorisation certificate.

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 90 – paragraph 1

1. Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1) reveals non- compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission 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. The administrative fines imposed by the Commission 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.deleted

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 90 – paragraph 2

~~2. The Commission may adopt~~ delegated ~~acts in accordance with Article 88 to lay down the methods for the calculation and collection of the administrative fines referred to in paragraph 1.~~

2016/09/20
Committee: TRAN

Marie-Christine ARNAUTU

Proposal for a regulation
Article 90 – paragraph 3

~~3. The amounts of administrative fines shall be considered as revenue for the general budget of the European Union.~~deleted

2016/09/20
Committee: TRAN