24 Amendments of Richard SULÍK related to 2016/0014(COD)
Amendment 430 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
For the purpose of obtaining information contained in type approvals, the contact for market surveillance authorities shall not be the economic operator but the type approval authority which issued the relevant type approval certificate.
Amendment 437 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Market surveillance authorities shall cooperate with economic operatomanufacturers regarding actions which could prevent or reduce risks caused by vehicles, systems, components and separate technical units made available by those operatomanufacturers.
Amendment 480 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Those tests and inspections may take place on new vehicles, supplied by manufacturers or thystems, components and separate teconomic operator as provided in paragraph 2 belowhnical units purchased or leased, depending on the nature of their intended use, on the market.
Amendment 488 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the other economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type- approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Commission may require. Samples should be bought or leased on the market, depending on the nature of their intended use.
Amendment 503 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make publicavailable data which are needed for the purpose of compliance verification testing by third partiesmarket surveillance authorities and the Commission. The Commission shall adopt implementing acts in order to define the data to be made publicavailable and the conditions for such publicationdoing so, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 619 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipmen or that it presents a serious risk, he shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.
Amendment 639 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, he shall not make available on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformityinform the manufacturer and the market surveillance authority thereof.
Amendment 642 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer and the importer who shall meet their obligations under Articles 12, 14 and 15 respectively.
Amendment 723 #
Proposal for a regulation
Article 30
Article 30
Amendment 769 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation shall be issued for a limited period not exceeding 15 years, except for category M1 vehicles, where the limited period shall not exceed 8 years. The expiry date shall be indicated in the EU type-approval certificate. AfterBefore the expiry of the type- approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that typ of that approved type. Where the approved type has not changed, such verification shall not require the repetition of any tests carried out under Article 28. In order to allow the approval authority to fulfil its tasks, the manufacturer shall submit his application at the earliest 12 months and at the latest 6 months before the expiry date of the EU type-approval certificate.
Amendment 778 #
Proposal for a regulation
Article 33 – paragraph 2 – point e a (new)
Article 33 – paragraph 2 – point e a (new)
(ea) where not all variants and versions of the vehicle type comply to all applicable requirements as set out in Annex IV.
Amendment 783 #
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Upon reception of the notification made by the manufacturer referred to in paragraph (4) of this article, the approval authority that granted the EU type-approval shall communicate without delay to the approval authorities of the other Member States and the Commission all relevant information for the making available on the market, registering or entering into service of vehicles, where appropriate.
Amendment 788 #
Proposal for a regulation
Article 34 – paragraph 6 a (new)
Article 34 – paragraph 6 a (new)
6a. If the necessary conditions for harmonised data access of the necessary stakeholders are fulfilled, the Commission adopts an implementing act to allow for full replacement of the paper certificate of conformity by the electronic certificate of conformity.
Amendment 794 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV, in Part I of Annex IV for vehicles of categories M2, M3, N2, N3 and O or, for special purpose vehicles, in Part III of Annex IV.
Amendment 797 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
End-of-series vehicles for which the EU type-approval has become invalid pursuant to Article 33(2)(a) may only be made available on the market, registered or entered into service, provided that the requirement set out in paragraph 4 and the time limits laid downset out in paragraphs 2 and 4 are complied with.
Amendment 798 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 2
Article 47 – paragraph 1 – subparagraph 2
The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been made available on the market nor registered or entered into service before their EU type- approval lost its validity.
Amendment 800 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 801 #
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1
Article 47 – paragraph 3 – subparagraph 1
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the nationtype approval authority of the Member State that granted the EU type- approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned.
Amendment 802 #
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 2
Article 47 – paragraph 3 – subparagraph 2
The nationtype approval authority concerned shall decideof the Member State that granted the EU type- approval shall, within threone months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be grantedEuropean Union.
Amendment 806 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 833 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the Commission considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non- compliant vehicle, system, component or separate technical unit is withdrawn fromsubjected to the same measure on their market, and shall inform the Commission accordingly. Where the Commission considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1.
Amendment 850 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
Amendment 915 #
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65(89). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it.
Amendment 1120 #
Proposal for a regulation
Annex V – paragraph 3
Annex V – paragraph 3
Standards with which the entities referred to in Article 72 have to comply Annex V, appendix 1, point 1.1 Category A (tests performed in own facilities): EN ISO/IEC 17025:2005 on the general requirements for the competence of testing and calibration laboratories. A technical service designated for category A activities may carry out or supervise the tests provided for in the regulatory acts for which it has been designated, in the facilities of a manufacturer or of a third party