54 Amendments of Maria GRAPINI related to 2016/0014(COD)
Amendment 77 #
Proposal for a regulation
Recital 10
Recital 10
(10) The need for control and monitoring of technical services by the designating authorities and a European Authority has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 79 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the Commissiondesignated European Authority, which can be the Joint Research Centre. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist.
Amendment 91 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Until the establishment of a European Approval Authority, the Commission will use the resources of the JRC (Joint Research Centre) to conduct independent tests, inspections and ex-post compliance verifications and will present the results to the Commission and the public;
Amendment 118 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Joint Research Centre, within the purpose of this Regulation, will take over supervision and verification of the approval authorities of member states with the obligation to present an annual activity report to the Parliament and the Council. When during the verifications it carries out a discrepancy that could have an impact on road safety, the environment and consumers is discovered the Joint Research Centre will urgently notify the Parliament and the Council;
Amendment 138 #
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 four years and the results thereof shall be communicated to the other Member States and, the Commission and the Joint Research Centre. The Member State concerned shall make a summary of the results accessible to the public.
Amendment 178 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The Commission, through the Joint Research Centre, shall organise and carry out, or require to be carried out, on an adequate scale, independent tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals.
Amendment 205 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. Tests specified in paragraphs 1 and 2 shall be carried by the Commission's Joint Research Centre;
Amendment 206 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establish and chair together with the Joint Research Centre a Forum for Exchange of Information on Enforcement (‘the Forum’).
Amendment 229 #
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 seriousny kind of 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 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 230 #
Proposal for a regulation
Recital 10
Recital 10
(10) The need for control and monitoring of technical services both by the designating authorities and by the European market surveillance and approval control authority has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 236 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Obligations of distributors 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 seriousny kind of risk
Amendment 242 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the Commissiona designated European market surveillance and approval control authority, which may be the Joint Research Centre. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist.
Amendment 250 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and, technical services and the Joint Research Centre shall have access to the software and algorithms of the vehicle.
Amendment 252 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2 a (new)
Article 23 – paragraph 4 – subparagraph 2 a (new)
The approval authority, technical services and the Joint Research Centre will also check vehicle software and algorithms for possible flaws;
Amendment 263 #
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 different national authorities 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 289 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Until such time as a European market surveillance and approval control authority is established, the Commission will use the Joint Research Centre’s resources to carry out independent ex-post compliance verification tests and inspections and will present the results to the Commission and the public.
Amendment 360 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Joint Research Centre, for the purposes of this Regulation, shall verify and control the surveillance and verification attributes of the approval authorities in the Member States and shall have an obligation to submit an annual activity report to Parliament and the Council. The Joint Research Centre shall likewise alert Parliament and the Council as a matter of urgency if, in the course of the verifications carried out by it, it detects a discrepancy that could affect road safety, the environment and consumers.
Amendment 365 #
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. Member States shall notify the Commission of the establishment and appointment of such authorities, as well as the European market surveillance and approval control authority.
Amendment 377 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008 and shall have an obligation to forward the results to the competent European authority.
Amendment 381 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing, with an obligation to inform the European market surveillance and approval control authority.
Amendment 387 #
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. 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 the European market surveillance and approval control authority. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers.
Amendment 395 #
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, the Commission and the European market surveillance and approval control authority. The Member State concerned shall make a summary of the results accessible to the public.
Amendment 440 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority and the consumer protection authorities.
Amendment 443 #
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 othereach Member States shall, in coordination with the Joint Research Center, type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of 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 449 #
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
Amendment 451 #
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 fourthree 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.
Amendment 455 #
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
Amendment 469 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the Commission and the European market surveillance and approval control authority and enforcement co- ordination with Member States
Amendment 473 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The Commission, through the Joint Research Centre, shall organise and carry out, or require to be carried out, on an adequate scale, independent tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals.
Amendment 514 #
Proposal for a regulation
Article 86
Article 86
Amendment 530 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. The testing referred to in paragraphs 1 and 2 shall be conducted by the Joint Research Centre.
Amendment 534 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The Commission shall establish and chair together with the Joint Research Centre a Forum for Exchange of Information on Enforcement (‘the Forum’).
Amendment 576 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The Forum, through its representatives, shall present an annual report to the European Parliament on its activities;
Amendment 592 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Obligations of manufacturers concerning their vehicles, systems, components, separate technical units or parts and equipment that are not in conformity or that present a seriousny kind of risk
Amendment 600 #
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 seriousny kind of 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 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 602 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
The manufacturer shall keep the information package referred to in Article 24(4) for a period of tfifteen years after the placing on the market of a vehicle and for a period of fiveten years after the placing on the market for a system, component or separate technical unit.
Amendment 632 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The importer shall, for a period of tfifteen years after the placing on the market of the vehicle and for a period of fiveten 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 ensure that the information package referred to in Article 24(4) can be made available to those authorities, upon request.
Amendment 635 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. The importer shall be responsible vis-à-vis consumers for ensuring that type-approval requirements are fulfilled;
Amendment 638 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Obligations of distributors 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 seriousny kind of risk
Amendment 654 #
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 performances of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated to a whole vehicle. The type approval authority that approves the whole vehicle shall be the responsible authority for the type approval.
Amendment 660 #
Proposal for a regulation
Article 22 – paragraph 1 – point b a (new)
Article 22 – paragraph 1 – point b a (new)
(ba) detailed technical descriptions and calibration specifications for all emission- related components (Base Emission Strategy);
Amendment 673 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and, technical services and European market surveillance and approval control authority shall have access to the software and algorithms of the vehicle.
Amendment 678 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2 a (new)
Article 23 – paragraph 4 – subparagraph 2 a (new)
The authority, technical services and Joint Research Centre shall also verify the software and algorithms of the vehicle.
Amendment 684 #
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. The approval authority may refuse to approve a vehicle emissions control defeat device on the basis of the information included in the information folder by consideration of currently best available technology. The approval authority shall refuse to grant EU type-approval where it finds that a defeat devices has been unlawfully incorporated.
Amendment 700 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The manufacturer shall provide the approval authority and technical services with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.
Amendment 708 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. An approval authority that has granted a whole-vehicle type-approval shall verify a statistically relevant number of samples of vehicles and certificates of conformity, but no fewer than 0.5% of the total number of vehicles, on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct.
Amendment 815 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The relevant approval authority shall inform the Commission, the European market surveillance and approval control authority 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 819 #
Proposal for a regulation
Article 49 – paragraph 5 a (new)
Article 49 – paragraph 5 a (new)
5a. Where vehicles are withdrawn for reasons of technical non-compliance, the economic operator must compensate the consumer;
Amendment 901 #
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 1
Article 65 – paragraph 1 – subparagraph 1
Manufacturers shall provide to independent operators unrestricted and, standardised and non-discriminatory access to vehicle OBD information, diagnostic and other equipment, tools including any relevant software and vehicle repair and maintenance information. Independent operators shall have access to the remote diagnosis services used by manufacturers and their contractors.
Amendment 952 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3 a (new)
Article 71 – paragraph 8 – subparagraph 3 a (new)
If the audit demonstrates that the authority has breached any requirements of this Regulation or the vehicles, systems, components and separate technical units are not in conformity with the type approvals it issued, the authority shall immediately take all steps necessary to bring its procedures in compliance.
Amendment 996 #
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 harmonized assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. 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 1000 #
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 othereach Member States shall, in coordination with the Joint Research Centre and the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of 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 1111 #
Proposal for a regulation
Article 91 – paragraph 1 – point 2
Article 91 – paragraph 1 – point 2
Regulation (EC) No 715/2007
Article 1 – paragraph 2
Article 1 – paragraph 2
‘2. In addition, this Regulation lays down rules for in-service conformity, durability of pollution control devices, vehicle OBD systems and measurement of fuel consumption. The rules for in-service conformity and durability of pollution control devices must come into force no later than 31 December 2018'’;
Amendment 1118 #
Proposal for a regulation
Article 91 – paragraph 1 – point 6
Article 91 – paragraph 1 – point 6
Regulation (EC) No 715/2007
Article 11 a – paragraph 1 – point b a (new)
Article 11 a – paragraph 1 – point b a (new)
(ba) fuel consumption and CO2 values determined under real driving condition will be made available to the public.