[ParlTrack]

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Lucy ANDERSON, Marlene MIZZI, Marc TARABELLA

Proposal for a regulation
Recital 8 b (new)

(8b) The European Agency for Market Surveillance of Road Transport will deploy independent and harmonised market surveillance activities, including checks of the conformity of production and the in service conformity. It shall coordinate and impose corrective and restrictive measures if tested or inspected vehicles, systems, components or technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV. Besides market surveillance, the agency shall perform audits on National Type Approval Authorities and keep under review the type approval process.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Lucy ANDERSON, Marc TARABELLA

Proposal for a regulation
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~~the Agency, approval authorities and where applicable the market surveillance authorities, type approval documentation should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Marc TARABELLA, Lucy ANDERSON

Proposal for a regulation
Recital 23

(23) ~~The obligatio~~Ins of ~~national authorities concerning market surveillance provided in this Regulation are more specific than~~ar as the provisions of this Regulation conflict with those laid down in Article 19 of Regulation (EC) No 765/2008 to take account of the ~~specificities of the type-approval framework and the need to complem~~allocation of tasks and obligations betweent th~~at framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered by~~e Agency and national market surveillance authorities, the provisions of this Regulation shall prevail.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Marlene MIZZI, Marc TARABELLA

Proposal for a regulation
Recital 36 a (new)

(36a) Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Evelyne GEBHARDT, Lucy ANDERSON, Marlene MIZZI, Marc TARABELLA, Virginie ROZIÈRE, Sergio Gaetano COFFERATI

Proposal for a regulation
Recital 37 a (new)

(37a) In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised, that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.

2016/10/18
Committee: IMCO

Nicola DANTI, Sergio Gaetano COFFERATI, Evelyne GEBHARDT, Pina PICIERNO, Marc TARABELLA, Flavio ZANONATO, Massimo PAOLUCCI

Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)

(11a) 'the European Agency for type approval and market surveillance of motor vehicles' means the central European independent authority, with the responsibility of all aspects of the type- approval process of a vehicle, system, component or separate technical unit and for carrying out the market surveillance in the European Union;

2016/10/18
Committee: IMCO

Nicola DANTI, Sergio Gaetano COFFERATI, Evelyne GEBHARDT, Pina PICIERNO, Marc TARABELLA, Flavio ZANONATO, Massimo PAOLUCCI

Proposal for a regulation
Article 3 – paragraph 1 – point 12

(12) ‘'approval authority’' means the authority or authorities of a Member State, ~~notified to the Commission by that Member State,~~designated by the European Agency for type approval and market surveillance of motor vehicles and mandated, on a case- by-case basis, by the European Agency with the competences for ~~all aspects of~~ the type- approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, withdrawing or refusing approval certificates, ~~for acting as the contact point for the approval authorities of the other Member States, for designating the technical services,~~ and for ensuring that the obligations regarding the conformity of production of the manufacturer are met;

2016/10/18
Committee: IMCO

Nicola DANTI, Sergio Gaetano COFFERATI, Evelyne GEBHARDT, Pina PICIERNO, Marc TARABELLA, Flavio ZANONATO, Massimo PAOLUCCI

Proposal for a regulation
Article 3 – paragraph 1 – point 36

(36) ‘technical service’ means an organisation or body designated by the ~~approval authority~~European Agency for type approval and market surveillance of motor vehicles as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections;

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Evelyne GEBHARDT, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Marc TARABELLA

Proposal for a regulation
Article 3 – paragraph 1 – point 47 a (new)

(47a) 'remote sensing' means scanning and measuring pollutant levels in a vehicle's exhaust while the vehicle is in motion using sensor-equipped instruments positioned roadside with the purpose of collecting performance data required to monitor the average on-road fleet emissions and identify excessive polluters;

2016/10/18
Committee: IMCO

Nicola DANTI, Sergio Gaetano COFFERATI, Evelyne GEBHARDT, Pina PICIERNO, Marc TARABELLA, Flavio ZANONATO, Massimo PAOLUCCI

Proposal for a regulation
Article 5 a (new)

Article 5 a Establishing an European Agency for type approval and market surveillance of motor vehicles The Commission shall establish an European independent agency for type approval and market surveillance, which will have the responsibility for: (1) all aspects of the type-approval process of a vehicle, system, component or separate technical unit, or of the individual vehicle approval and for the authorisation process for parts and equipment; (2) designating the approval authorities of the Member States and the authorized technical services and mandate them, on a case-by-case basis, with the competences for the type- approval and authorisation processes; (3) ensuring that the obligations regarding the conformity of production of the manufacturer are met; (4) carrying out the market surveillance of motor vehicles in the European Union. The Commission shall establish the Agency no later than 18 months after this legislation enter into force.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Biljana BORZAN, Liisa JAAKONSAARI, Evelyne GEBHARDT, Lucy ANDERSON, Sergio Gaetano COFFERATI, Marlene MIZZI, Marc TARABELLA

Proposal for a regulation
Article 5 a (new)

Article 5 a Establishing an European Agency for Market Surveillance of Road Transport The Commission shall present to the European Parliament and the Council of the European Union a regulation establishing a European independent Agency on Market Surveillance of Road Transport ("the Agency") without undue delay but no later than 12 months after this Regulation is published in the Official Journal of the European Union. Until the Agency has been established, the tasks assigned to it will be carried out by the Commission.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Biljana BORZAN, Liisa JAAKONSAARI, Evelyne GEBHARDT, Marc TARABELLA, Lucy ANDERSON, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Marlene MIZZI

Proposal for a regulation
Article 5 b (new)

Article 5 b Tasks of the Agency 1. The Agency 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. 2. The Agency shall organise and carry out tests and inspections of vehicles, systems, components and separate technical units already made available on the market including during production, 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. The Agency shall inspect at least 20% of all type-approved vehicles placed on the European market each year. When doing so, the Agency shall take account of established principles of risk assessment, including complaints, popularity of vehicle models and their parts, third-party testing results, very high or very low fuel economy models, first application of new engine or technology, reports from periodic technical inspections, sampling programmes using remote sensing and other information. 3. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Agency a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Agency 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 Agency may require. Those tests and inspections may take place on new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below. Those tests and inspections may also take place on registered vehicles. 4. For the purpose of enabling the Agency to carry out the testing referred to in paragraphs 2 and 3, national market surveillance authorities within the Member States shall make available to the Agency all data related to the type- approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. For this purpose the Agency shall create a common secure electronic exchange system in which the type approval authorities shall include 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). For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shall also provide the Agency 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. 5. The Agency shall require economic operators to make the documentation and information available as it considers necessary for the purpose of carrying out its activities. For the purpose of obtaining information contained in type approvals, the contact for the Agency shall first be the type approval authority which issued the relevant type approval certificate, however if the Agency need more information they have the right to obtain the information from the economic operators. 6. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. The Commission shall adopt delegated acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those delegated acts shall be adopted in accordance with Article 88. 7. For the fulfilment of its tasks, the Agency may ask the responsible national authorities 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. 8. For type-approved vehicles, systems, components and separate technical units, the Agency shall take due account of certificates of conformity presented by economic operators. 9. The Agency shall cooperate with economic operators or manufacturer regarding actions which could prevent or reduce risks caused by vehicles, systems, components and separate technical units made available by those operators or manufacturer. 10. Where the Agency 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. Where those tests and inspections put into question the correctness of the type approval itself, the Agency shall inform the approval authority or national authorities concerned as well as the Forum for Exchange of Information on Enforcement. 11. Where the Agency decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority. 12. The Agency shall take appropriate measures to alert users within the European Union including the relevant type approval authorities within an adequate timeframe of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. 13. The Agency shall develop, in close corporation with the Member States, an EU wide remote sensing network, to monitor the real world emissions of the car fleet and to identify the excessively polluting vehicles in order to focus in- service conformity checks. 14. The Agency shall coordinate the market surveillance authorities of different Member States and ensure that they cooperate with each other and share with each other and with the Agency the results of their market surveillance activities. Where appropriate, the market surveillance authorities may agree on work-sharing and specialisation. 15. The Agency shall publish annual report on its findings following any compliance verification testing it has carried out. The reports shall be accessible to the public. 16. The Agency shall carry out audits of the approval authorities in accordance with Article 71. 17. The Agency shall carry out their duties independently and impartially. They 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. 18. The Agency's work should be transparent. Effective control by the European Parliament should be ensured and, to this end, the European Parliament should have the possibility of hearing the Executive Director of the Agency. The Agency should also apply the relevant Community legislation concerning public access to documents.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Marc TARABELLA

Proposal for a regulation
Article 6 – paragraph 2

2. Member States shall permit the placing on the market, registration or entry into service of only those vehicles, systems, components and separate technical units that comply with the requirements set out in this Regulation. To facilitate market surveillance of in-service vehicles, Member States' registration authorities will maintain a database linking the vehicle license plates issued to each vehicle to the vehicle VIN, the vehicle type and the associated vehicle type-approval and certificate of conformity. The vehicle type and certificate of conformity information associated with any license plate observed on-road in the Union shall upon request be made promptly available without charge to the Agency, to market surveillance authorities, to national authorities, to technical service authorities and their agents.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI

Proposal for a regulation
Article 8 – paragraph 1

1. Market surveillance authorities ~~shall~~may perform regular checks to verify compliance of vehicles, systems, components and separate technical units, throughout their lifetime, 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, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Evelyne GEBHARDT, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Marc TARABELLA, Marlene MIZZI, Lucy ANDERSON

Proposal for a regulation
Article 8 – paragraph 8

8. ~~The market surveillance authorities of different Member Stat~~Member States that choose to carry out market surveillance activities shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the ~~Commission~~Agency the results thereof. ~~Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.~~

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Lucy ANDERSON, Nicola DANTI, Marc TARABELLA, Christine REVAULT D'ALLONNES BONNEFOY

Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2

The approval authority ~~may, by reasoned~~and the responsible technical service may, by 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. Any future software or calibration update, which has an effect on the approved features of the vehicle, system, component or separate technical unit within the scope of this Regulation, shall be reported to the approval authority on a regular basis. The approval authority shall decide on a case- by-case basis if such a software or calibration change requires additional scientific evidence and proof of conformity from the manufacturer. The approval authority and the responsible technical service shall observe confidentiality where necessary in order to protect commercial secrets, unless it is in the public interest, subject to the obligation of information laid down in Article 5b(4) in order to protect the interests of users in the Union. The manufacturer shall communicate to the approval authority and the technical service - in a standardised form - the version of the safety and emissions-related software at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Lucy ANDERSON, Christine REVAULT D'ALLONNES BONNEFOY, Marlene MIZZI, Marc TARABELLA, Nicola DANTI

Proposal for a regulation
Article 28 – paragraph 3 a (new)

3a. In the case of whole vehicle type- approval, the authorities shall ensure that the vehicles selected for testing will not lead to the results that are systematically divergent from the performance when those vehicles are operated under conditions that may reasonably be expected to be encountered in normal operation and use.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Marc TARABELLA, Lucy ANDERSON

Proposal for a regulation
Article 29 – paragraph 2

2. ~~An approval authority that has granted a whole-vehicle type-approval~~The Agency shall verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. The Agency shall inspect at least 20% of all type-approved vehicles placed on the European market each year.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Biljana BORZAN, Liisa JAAKONSAARI, Evelyne GEBHARDT

Proposal for a regulation
Article 30 a (new)

Article 30a Funding of the European Agency for Market Surveillance for Road Transport 1. In order to guarantee its full autonomy and independence, the Agency should be granted an autonomous budget with revenues mainly from obligatory contributions from national authorities and from the General Budget of the European Union. To this end, Member States shall impose an administrative fee on manufactures to cover the costs of market surveillance activities carried out by the Agency. This fee shall be proportionate to the services required for the Agency to perform its tasks and duties in line with the provisions of this Regulation. 2. For the purpose of the above paragraph, Member States shall levy manufactures a fee per each vehicle sold on their territory in a given year. The fee shall be collected at a national level and shall be sufficient to cover the costs, in the following year, of market surveillance activities of the Agency 3. Member States shall notify annually the details of the fees collected to the Agency or the Commission until the Agency has been established. The first notification shall be effected on 1 January 2019 [date of entry into force of this Regulation + 1 year]. 4. The fee shall cover the costs for market surveillance activities carried out by the Agency in line with Article 5b of this Regulation. Therefore these contributions shall constitute external assigned revenues for the general budget of the European Union, according to Art. 21(4) of the Financial Regulation. 5. The Commission may adopt implementing acts in order to update the fee per each vehicle referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Evelyne GEBHARDT, Liisa JAAKONSAARI, Virginie ROZIÈRE, Sergio Gaetano COFFERATI

Proposal for a regulation
Article 65 – paragraph 3 a (new)

3a. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall to be made available through the standardized connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B.

2016/10/18
Committee: IMCO

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Maria GRAPINI, Evelyne GEBHARDT, Virginie ROZIÈRE, Sergio Gaetano COFFERATI

Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1

Before designating a technical service, the type-approval authority shall assess it in accordance with an harmonized assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub- contractor, located inside or outside the Union.

2016/10/18
Committee: IMCO

21 Amendments of Evelyne GEBHARDT related to 2016/0014(COD)

ParlTrack - 2011-2024