16 Amendments of Carlos COELHO related to 2016/0014(COD)
Amendment 229 #
Proposal for a regulation
Recital 10
Recital 10
(10) The need for certification, control and monitoring of technical services by the designating authorities has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. Due to the wide differences in interpretation of the current implementation of directive 2007/46/EC and the application of its provisions in the course of the type- approval procedure, considerable differences between technical services exist. The certification, control and monitoring must therefore be harmonised and increased to ensure a level playing field within the European single market. 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 255 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to allow market forces to work, technical services should apply the rules for the type-approval procedures in all transparency and uniformly, without creating unnecessary burden for economic operators. To guarantee a high level of technical expertise and a fair treatment of all economic operators, a uniform technical application of the rules for the type-approval procedures should be ensured. Within the Forum established by this regulation, type-approval authorities should exchange information on the functioning of the different technical services which they certified.
Amendment 366 #
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. Member States shall ensure that type-approval authorities and market surveillance authorities function independently from each other.
Amendment 383 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality of the type-approvals issued. 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. Third parties will have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the general public, in particular the number of type-approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 388 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States, the European Parliament and the Commission. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers.
Amendment 396 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. The Member States shall ensure that the market surveillance authorities and the type-approval authorities can properly perform the tasks foreseen by this regulation. To this end, they shall in particular equip them with the resources necessary for that purpose.
Amendment 403 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Type approval authorities shall cooperate with the Commission and the Forum established under article 10 of this Regulation in monitoring and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 505 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Commission should guarantee that such data are made available for the purpose of further testing and follow up in order to use every evidence to avoid any neglecting.
Amendment 519 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of its findings following any compliance verification testing it has carried out. It shall submit the report to the European Parliament.
Amendment 523 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Commission shall guarantee a unified implementation and enforcement of the rules across the single market.
Amendment 548 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
The Forum should oversee the work of national regulators, contribute to the promotion of good practice, assist member states in market surveillance, assess the results of reviews and issue recommendations and apply sanctions if necessary. It should also ensure that the EU law is applied in a uniformly strict and consistent manner.
Amendment 585 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Manufacturers shall ensure that the vehicles, systems, components and separate technical units perform equally under the conditions found during the test-approval and under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 594 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. These corrective measures shall be provided free of charge for the vehicle owner.
Amendment 622 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints, non- conformities and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such monitoring. All complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the manufactures without delay.
Amendment 713 #
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 checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The approval authority shall commission a party, independent from the manufacturer, to perform these checks.
Amendment 1107 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shall notcan be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and, but shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.