143 Amendments of Marco ZULLO 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 67 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to include rules on centralised market surveillance in this Regulation in order to reinforce the rights andensure respect for the obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities andtype- approval authorities and manufacturers and at the same time to clarify the applicable procedures.
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 101 #
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 competences. The Commission shall publish on its website a list and details of the approval authorities and the market surveillance authorities.
Amendment 104 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member StatesThe European market surveillance authority 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.
Amendment 105 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure thatThe European market surveillance authorities may, where ithey considers it necessary and justified, shall 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.
Amendment 115 #
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 cars tested for approval are exactly equivalent to those that will be placed on the market.
Amendment 121 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligations of the market surveillance authoritiesy
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.
Amendment 133 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. MThe market surveillance authoritiesy shall require economic operators to make the documentation and information available as ithey considers necessary for the purpose of carrying out their activities.
Amendment 134 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For type-approved vehicles, systems, components and separate technical units, the market surveillance authoritiesy shall take due account of certificates of conformity presented by economic operators.
Amendment 137 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 138 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 140 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the market surveillance authorities of one Member Statey decides to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), ithey shall inform the economic operator concerned and where applicable the relevant approval authority.
Amendment 144 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. MThe market surveillance authoritiesy shall carry out theirits duties independently and impartially. TheyIt shall observe confidentiality where necessary in order to protect commercial secrets, 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 145 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 149 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 151 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 155 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the CommissionEuropean Surveillance Authority and enforcement co- ordination with Member States
Amendment 158 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionSurveillance Authority shall organise and carry out, or require to be carried out, on an adequate scale, 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 165 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the CommissionSurveillance Authority a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commissionagency 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 CommissionSurveillance Authority may require.
Amendment 168 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionSurveillance Authority to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the Commission all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
Amendment 169 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the CommissionSurveillance Authority with the type-approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units.
Amendment 174 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the CommissionSurveillance Authority establishes that the vehicles tested or inspected do not comply with the type- approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall require in accordance with Article 54(8) without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them within a reasonable period of time, depending on the seriousness of the established non- compliance.
Amendment 176 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the CommissionSurveillance Authority shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 178 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of itsthe findings following any compliance verification testing it has carried out by the Surveillance Authority.
Amendment 191 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance.
Amendment 204 #
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 serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and mEuropean Market sSurveillance Authority and the approval 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 210 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cooperate with the approval or market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
Amendment 211 #
Proposal for a regulation
Recital 1
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 and effective, thus providing legal certainty and clarity for the benefit of businesses and consumers.
Amendment 212 #
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 213 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriatein accordance with the decisions of the competent authorities.
Amendment 214 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the market approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market and to the surveillance authority.
Amendment 215 #
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 serious risk
Amendment 216 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriatedecided by the approval authority, are taken in accordance with Article 12(1) or Article 15(1).
Amendment 217 #
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 and to the market surveillance authority. 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.
Amendment 218 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation sets out the harmonised rules and principles for the type-approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, and the individual vehicle approval, with a view to ensuring the proper functioning of the internal market for the benefit of businesses and with full and proper regard for the rights of consumers and to offer a high level of safety and protection of health and the environment.
Amendment 223 #
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 punitive measures to be taken when automotive products are encountered on the market that represent serious safety or environmental risks or that do not comply with the type-approval requirements.
Amendment 228 #
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 functioning ofindependence of manufacturers’ technical services is cruciala key pre-condition 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 that Member States use the same procedures for the assessment, designation, notification and monitoring of their technical services. 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 229 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The party applying for approval must supply to the authority all information concerning instruments, devices, software or strategies for deactivating emission control systems as referred to in Article 5(2) of Regulation 715/2007. The approval authority and technical services shall have access to the software and algorithms of the vehicle.
Amendment 231 #
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 notneed 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 are needed with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 232 #
Proposal for a regulation
Recital 11
Recital 11
(11) 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 with a view to assessing 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 and the provision of technical support to manufacturers should be made incompatible with such provision to national type-approval authorities. Technical services providing support to the competent authorities should also be authorised 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 products.
Amendment 236 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a serious risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 239 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop thdevelop homogenous EU-wide 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 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 243 #
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 of the competence of technical servicesnsure that technical services are competent and independent. __________________ 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 247 #
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 248 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out, on at least 1/3 of the new models approved, checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 254 #
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 t. The costs for carrying out ex-post compliance verification tests and inspections should be borne by the surveillance authority.
Amendment 256 #
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 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 259 #
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 of 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 theEU-level verification by an independent third party of the correctness of the type approval itself.
Amendment 260 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. For every vehicle placed on the EU market, the manufacturer shall pay the surveillance service of the European Authority a maximum of 1/1000 of the sale price.
Amendment 264 #
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. In order for the market surveillance system to be independent, effective and homogeneous, supervisory powers need to be conferred on a Union-level third-party body which should guarantee that the new type-approval and market surveillance framework is fully and properly enforced.
Amendment 267 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is necessary to include rules on European market surveillance in this Regulation in order to reinforce the rights andensure compliance with the obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities andtype- approval authorities and of manufacturers and at the same time to clarify the applicable procedures.
Amendment 275 #
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, approval authorities and the Commission, type approval documentation should be provided in electronic format and be made publicly available, subject to exemptions duewith sensitive data being exempted from this requirement in order to protection of commercial interests and the protection of personal data.
Amendment 278 #
Proposal for a regulation
Recital 23
Recital 23
(23) The obligations of national authorities concerningthe European market surveillance authority provided for in this Regulation are more specific than those laid down in Article 19 of Regulation (EC) No 765/2008 toshould 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 281 #
Proposal for a regulation
Recital 24
Recital 24
(24) Those more specific obligations for nationalthe European authoritiesy provided for 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 285 #
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 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 resourThe necessary resources should be generated by the advance payment by the manufacturer of a sum proportionate to the sale price of the vehicle in such a manner as to have no significant impact on that prices. The Commission should be entitled to impose administrative fines where non-compliance is established.
Amendment 291 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The manufacturer shall make available to users all relevant information and necessary instructions describing any special conditions or restrictions linked to the use of a vehicle, a system, a component or a separate technical unit, including the presence of devices as referred to in Article 5(2) of Regulation 715/2007/EC.
Amendment 295 #
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 by ansubjected to prior control and swift authorisation by a national approval authority before they are placed on the market, registered or entered into service. The authority which issues the authorisation for such components should notify the Commission and the other approval authorities and should make available all the necessary documents and verify the prior control procedures.
Amendment 299 #
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 304 #
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 306 #
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 311 #
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 while retaining ambitious targets for road safety and the reduction of 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 314 #
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 320 #
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 321 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 325 #
Proposal for a regulation
Article 76
Article 76
Amendment 336 #
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 or any other aspect of public interest protection;
Amendment 337 #
Proposal for a regulation
Article 84 – paragraph 2 – point a
Article 84 – paragraph 2 – point a
(a) allow their approval authority to witness the performance of the technical servicCategory A approval tests as referred to in Article 72(1) shall be carried out in the presence of and under the responsibility of the approval authority for the dpurpose of assessing the conformity assessmentof the sample and of the procedures;
Amendment 346 #
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 StateEuropean Union;
Amendment 347 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) 715/2007
Article 5 – paragraph 2 – subparagraph 1a (new)
Article 5 – paragraph 2 – subparagraph 1a (new)
(3a) the following paragraph 1a shall be added to Article 5: ‘The presence of devices as referred to in paragraph 2 must be communicated to the authority whose approval is sought, supplying all details necessary for the successive in-service conformity tests performed by the European Surveillance Authority.’
Amendment 356 #
Proposal for a regulation
Annex XV
Annex XV
Amendment 364 #
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 374 #
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.
Amendment 379 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure thatThe European market surveillance authorities may, where ithey considers it necessary and justified, shall 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.
Amendment 393 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Member StatesEuropean surveillance authority shall periodically review and assess the functioning of theirits 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. The Member State concernedCommission shall make a summary of the results of all the compliance verification tests carried out by the European surveillance authority accessible to the public.
Amendment 399 #
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 authorities shall ensure that the vehicles subjected to type- approval tests are exactly equivalent to those that will be placed on the market.
Amendment 415 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Obligations of the market surveillance authoritiesy
Amendment 421 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authoritiesThe Commission shall identify the market surveillance authority from among its own existing resources; the latter authority 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. When doing so, the market surveillance authoritiesy shall take account of established principles of risk assessment, complaints and other information.
Amendment 429 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. MThe market surveillance authoritiesy shall require economic operators to make the documentation and information available as ithey considers necessary for the purpose of carrying out theirits activities.
Amendment 432 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For type-approved vehicles, systems, components and separate technical units, the market surveillance authoritiesy shall take due account of certificates of conformity presented by economic operators.
Amendment 435 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Amendment 436 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Amendment 441 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where the market surveillance authoritiesy of one Member State decides to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), ithey shall inform the economic operator concerned and where applicable the relevant approval authority.
Amendment 443 #
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. MThe market surveillance authoritiesy shall carry out theirits duties independently and impartially. TheyIt shall observe confidentiality where necessary in order to protect commercial secrets, 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 448 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member StatesEuropean market surveillance authority shall periodically review and assess the functioning of theirits 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. The Member State concernedCommission shall make a summary of the results of all the compliance verification tests carried out by the European surveillance authority accessible to the public.
Amendment 452 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
Amendment 456 #
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
Amendment 475 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionEuropean market surveillance authority shall organise and carry out, or require to be carried out, on an adequate scale, 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 485 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the CommissionSurveillance Authority a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commissionagency 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 CommissionSurveillance Authority may require.
Amendment 492 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionSurveillance Authority to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the Commission all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
Amendment 494 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the CommissionSurveillance Authority with the type-approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units.
Amendment 509 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the Commissionsurveillance authority establishes that the vehicles tested or inspected do not comply with the type- approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data, it shall require in accordance with Article 54(8) without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements, or it shall take restrictive measures, either by requiring the economic operator to withdraw the vehicles concerned from the market, or to recall them within a reasonable period of time, depending on the seriousness of the established non- compliance.
Amendment 512 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the Commissionsurveillance authority shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 520 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of itsthe findings following any compliance verification testing it has carried out by the surveillance authority.
Amendment 546 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
The Forum shall coordinate a network of the national authorities responsible for the type- approval and market surveillance.
Amendment 591 #
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 serious risk
Amendment 598 #
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 serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval Europeand market surveillance authority and the approval 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 605 #
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
The manufacturer shall, upon a reasoned request from the European surveillance authority or a national authority, provide that authority, through the approval authority, with a copy of the EU type- approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority.
Amendment 607 #
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The manufacturer shall, following a reasoned request from the European surveillance authority or a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 616 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) cooperate with the approval or market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
Amendment 625 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriatein accordance with the decisions of the competent authorities.
Amendment 626 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and, the approval and marketEuropean surveillance authoritiesy and the approval authority of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market.
Amendment 641 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are takenccording to the decisions of the competent authorities, in accordance with Article 12(1) or Article 15(1).
Amendment 644 #
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.
Amendment 650 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Upon a request of an approval authority or athe market surveillance authority, for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:
Amendment 668 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The manufacturer applying for approval must supply to the authority all information concerning instruments, devices, software or strategies for deactivating emission control systems as referred to in Article 5(2) of Regulation 715/2007. The approval authority and technical services shall have access to the software and algorithms of the vehicle.
Amendment 677 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
The approval authority or the surveillance authority may, by reasoned request, also require the manufacturer to supply any additional information needed to take a decision on which tests are required, or to facilitate the execution of those tests.
Amendment 712 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out, on at least 1/3 of the new models approved, checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
Amendment 734 #
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 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 755 #
Proposal for a regulation
Article 30 – paragraph 4 a (new)
Article 30 – paragraph 4 a (new)
4a. For every vehicle placed on the EU market, the manufacturer shall pay the European surveillance service a sum proportionate to the sale price of that vehicle in such a manner as to have no significant impact on the price in question.
Amendment 808 #
Proposal for a regulation
Article 49 – title
Article 49 – title
Procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk at national level
Amendment 899 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. The manufacturer shall make available to users all relevant information and necessary instructions describing any special conditions or restrictions linked to the use of a vehicle, a system, a component or a separate technical unit, including the fact of being fitted with any devices as referred to in Article 5(2) of Regulation (EC) No 715/2007.
Amendment 909 #
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
Article 65 – paragraph 2 – subparagraph 2
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers. . For independent operators other than repairers, the information shall also be given in a machine-readable format that can be electronically processed with commonly available IT tools and software, which allows independent operators to execute their business functions in the aftermarket supply chain.
Amendment 980 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Article 73 – paragraph 2 – subparagraph 2
Amendment 986 #
Proposal for a regulation
Article 76
Article 76
Amendment 1074 #
Proposal for a regulation
Article 84 – paragraph 2 – point a
Article 84 – paragraph 2 – point a
(a) allow their approval authority to witness the performance of the technical serviccategory A approval tests as referred to in Article 72(1) shall be carried out in the presence of and under the responsibility of the approval authority for the dpurpose of making the conformity assessment of the sample and the procedures;
Amendment 1114 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) No 715/2007
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(3a) the following paragraph 2a is inserted in Article 5: ‘2a. Any devices as referred to in paragraph 2 shall be notified to the authority whose approval is sought, supplying all details necessary for subsequent in-service conformity tests to be performed by the European Surveillance Authority.’
Amendment 1123 #
Proposal for a regulation
Annex XV
Annex XV
Amendment 1130 #
Proposal for a regulation
Annex XVIII – point 6 – point 6.4
Annex XVIII – point 6 – point 6.4
6.4. With regard to vehicles falling in the scope of Regulation (EC) No 595/2009, rReprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC RP1210B using non-proprietary hardware. Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g. navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is required. For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC RP1210B, the manufacturer shall offer either a validation of independently developed VCIs or the information, and loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware, within six months of the granting of type approval, a validation of independently developed VCIs and the test environment, including information on the specifications of the communication protocol and the loan of any special hardware, required for a VCI manufacturer to conduct such validation himself.