26 Amendments of Daniela AIUTO related to 2016/0014(COD)
Amendment 44 #
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 introduced by specifying the obligations of the economic operators in the supply chain, the responsibilities of the enforcement authorities in the Member States, and the measuresanctions to be takenimposed when automotive products are encountered on the market that represent serious safety orafety, health and environmental risks or that do not comply with the type-approval requirements.
Amendment 48 #
Proposal for a regulation
Recital 9
Recital 9
(9) An effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by, inter alia, providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing 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 functioningindependence of the technical services of automobile firms 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' practicensure the same procedures for the assessment, designation, notification and monitoring of their technical services by the Member States. 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.
Amendment 50 #
Proposal for a regulation
Recital 10
Recital 10
(10) The need forauthorities designated to control and monitoring of the technical services by the designating authorities has increased since technical progress has raised the risk that technical services do notshall have to guarantee that they possess the necessary competence, resources and infrastructure 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 51 #
Proposal for a regulation
Recital 11
Recital 11
(11) DThe designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to independent supervisory controls at Union level, including independent audits as a condition for order to examine 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 product by ensuring the incompatibility of providing technical support to the national approval authorities and to the manufacturers.
Amendment 54 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the criteriahomogenous criteria in the EU 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 Commission. 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 56 #
Proposal for a regulation
Recital 13
Recital 13
(13) Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council12, accreditation bodies and designating authorities should exchange information relevant for the assessment ofnsure the competence of technical services. __________________ 12 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 58 #
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a homogenous and 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 and propose solutions.
Amendment 60 #
Proposal for a regulation
Recital 17
Recital 17
(17) The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type-approval fee structure that should cover the costs for carrying out all type-approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type-approval and the costs for carrying out ex-post compliance verification tests and inspections.
Amendment 62 #
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 ofwith the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer- reviews, 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 by independent third parties of the correctness of the type approval itself.
Amendment 63 #
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 authority is fundamental for ensuring a consistently high level of safety and health and envirA 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 with the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type-approval and requires detailed knowledge of its conmtental 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. It is therefore important that the performance of approval authorities is regularly verified by means of peer-reviews, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. It is, moreover, important to provide for verification by an independent specialised control body in order to prove the compliance of the type- approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal frameworkand control requirements so as to ensure that this type-approval is fair. The outcome of these controls shall be disclosed in order to facilitate effective public participation.
Amendment 65 #
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 nat. In order to ensure that market surveillance is homogenous, it must be centralised at Community level. Conferring powers of control on a centralised authority at Unional levels should guarantee that approval and market surveillance authorities enforceensure that the new type-approval and market surveillance framework is fully and properly implemented.
Amendment 70 #
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,the approval authorities and, the Commission and third parties, type approval documentation, including the methodology and results of the tests, should be provided in electronic format and be made publicly available, subject towith the sole excemptions due to of sensitive data for the protection of commercial interests and the protection of personal data.
Amendment 71 #
Proposal for a regulation
Recital 23
Recital 23
(23) The obligations of national authorities concerningthe European market surveillance authority provided in this Regulation are more specific than those laid down in Article 19 of Regulation (EC) No 765/2008 toshall 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 73 #
Proposal for a regulation
Recital 24
Recital 24
(24) Those more specific obligations for nationalthe European authoritiesy 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 of the market penetration of the product which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence.
Amendment 74 #
Proposal for a regulation
Recital 25
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 legislaThose resources should come from the prepayment of the service at the tivme proposal will have to be built on existing resources and to be designed in such a manner that they do not generate additional financial resourcesof sale of the type approved products at no more than 1 / 1000th of the sales cost of the asset. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 77 #
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 and authorised in advance by an approval authority before they are placed on the market, registered or entered into service. The authority which issues the authorisation for such ancillary components shall inform the Commission and other approval authorities and make available all the necessary documents and verify the prior control procedures.
Amendment 80 #
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 purposerom among those providing exclusive services to the approval authorities, 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 81 #
Proposal for a regulation
Recital 31
Recital 31
(31) The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigeliminate the identified risk and harm.
Amendment 82 #
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 authorities 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 83 #
Proposal for a regulation
Recital 34
Recital 34
(34) The Union is a contracting party to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’)13. The Union has accepted a significant number of regulations annexed to the Revised 1958 Agreement and has therefore the obligation to accept type-approvals issued in accordance with those regulations, as complying with the equivalent Union requirements. For the purpose of simplifying its type-approval framework and aligning it with the international framework of the UNECE, the Union in Regulation (EC) No 661/2009 of the European Parliament and of the Council14 repealed its specific type-approval Directives and replaced them with the obligatory application of the relevant UNECE regulations. To reduce the administrative burden of the type-approval process, without being less ambitious in terms of road safety and pollutant emissions, manufacturers of vehicles, systems, components and separate technical units should be allowed to seek type-approval in accordance with this Regulation, where appropriate, directly by means of obtaining approval under the relevant UNECE regulations referred to in the Annexes to this Regulation. __________________ 13 Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ('Revised 1958 Agreement') (OJ L 346, 17.12.1997, p. 81). 14 Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1).
Amendment 85 #
Proposal for a regulation
Recital 37
Recital 37
(37) Whereas technical progress introducing new methods or techniques for vehicle diagnostics and repair, such as remote access to vehicle information and software, should not weakstrengthen the objectives of this Regulation with respect to access to repair and maintenance information for independent operators.
Amendment 86 #
Proposal for a regulation
Recital 40
Recital 40
(40) Member StatesThe European Union 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 92 #
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 authoritiesy 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;
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘market surveillance authority’ means the national authority or authoritiesauthority responsible for carrying out market surveillance on the territory of the Member StateEU;
Amendment 100 #
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.
Amendment 124 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. MThe Commission shall identify one of its own agencies as the most suitable one to perform the duties of European market surveillance authoritiesy. The latter shall perform regular checks to verify the compliance of vehicles in traffic and with different mileages, 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 scale sufficient to verify the conformity of at last 30% of the models on the market, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples. When doing so, the market surveillance authoritiesy shall take account of established principles of risk assessment, complaints and other information.