28 Amendments of Andreas SCHWAB related to 2010/0212(COD)

Proposal for a regulation
Recital 21

(21) Unrestricted access to vehicle repair information, via a standardised format which can be used to retrieve the technical information, and effective competition on the market for vehicle repair and maintenance information services are necessary to improve the functioning of the internal market, particularly as regards the free movement of goods, freedom of establishment and freedom to provide services. A great proportion of such information is related to on-board diagnostic (OBD) systems and their interaction with other vehicle systems. It is appropriate to lay down technical specifications that the websites of the manufacturers should follow, along with targeted measures to ensure reasonable access for small and medium- sized enterprises.deleted

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 2

2. This Regulation shall not apply to interchangeable machinery that is fully raised from the ground or cannot articulate around a vertical axis when the vehicle to which it is attached is in use on a road.

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 3 – point c a (new)

(ca) categories T with index b

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 3 – point c a (new)

(ca) track-laying tractors, category C;

2011/10/25
Committee: IMCO

Malcolm HARBOUR, Wim van de CAMP, Andreas SCHWAB

Proposal for a regulation
Article 2 – paragraph 3 – point c b (new)

(cb) special purpose wheeled tractors : categories T4.1 and T4.2.

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 3 – paragraph 1 – point 43 a (new)

43a. ‘Utility All-Terrain Vehicle’ (ATV) means a vehicle having a seat designed to be straddled by the operator and handlebars for steering control. A Utility ATV has the following additional characteristics: Maximum speed by design 60 km/h Tire design pressure < 5 kPa (0.5 Bar) Tire pattern: terrain Thumb throttle control Load carrying structure(s) with minimum ratio between vehicle and carrying structure(s) surface area > 25% Mass in running order (MRO) < 400 kg Towing capacity of coupling device rear complies with strength test > 2 x MRO.

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1 – point 1

1. ‘category T’ comprises all wheeled tractors; each wheeled tractor category described in points 2 to 8 also includes an ‘a’ or ‘b’ index, according to its design speed: – (a) ‘a’ for wheeled tractors with a maximum design speed below or equal to 40 km/h, – (b) ‘b’ for wheeled tractors with a maximum design speed above 40 km/h;

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1 – point 2

2. ‘category T1’ comprises wheeled tractors ~~with a maximum design speed of not more than 40 km/h~~, with the closest axle to the driver having a minimum track width of not less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, and with a ground clearance of not more than 1 000 mm;

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1 – point 3

3. ‘category T2’ comprises wheeled tractors with a minimum track width of less than 1 150 mm, with an unladen mass, in running order, of more than 600 kg, with a ground clearance of not more than 600 mm, and ~~with a maximum design speed of not more than 40 km/h, unless~~in case the height of the centre of gravity of the tractor (measured in relation to the ground) divided by the average minimum track for each axle exceeds 0,90, ~~in which case~~ the maximum design speed is restricted to 30 km/h;

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1 – point 4

4. ‘category T3’ comprises wheeled tractors with a ~~maximum design speed~~n unladen mass, in running order, of not more than 4600 k~~m/h, and with an unladen mass, in running order, of not more than 600 kg~~g; it comprises also tractors having a handlebar for steering as defined in Article 3, point 43 a;

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1 – point 5

5. ‘category T4’ comprises special purpose wheeled tractors ~~with a maximum design speed of not more than 40 km/h~~;

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 7 – paragraph 2 – point n

~~(n) rear protective structures;~~deleted

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 7 – paragraph 2 – point o

~~(o) lateral protection;~~deleted

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 24 – paragraph 3

3. Unless a different agreement has been concluded with the buyer of the vehicle, the certificate of conformity shall be drawn up in anone of the official languages of the ~~Member State where~~Union, at the ~~veh~~choicle ~~is purchased~~of the manufacturer.

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 24 – paragraph 4

4. The certificate of conformity shall be designed to prevent forgery. To that end, the paper used shall be protected ~~either by~~by adequate means such as coloured graphics or by a watermark in the form of the manufacturer’s identification mark.

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 34 – paragraph 2

2. Paragraph 1 shall apply, in the case of complete vehicles, for a period of ~~twelve~~24 months from the date on which validity of the EU type-approval expired and, in the case of completed vehicles, for a period of ~~eighteen~~30 months from that date.

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1 a (new)

A Member States shall, in addition its evaluations pursuant to Article 36(1), take utmost consideration of the Type Approval Authority’s findings;

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 44 – paragraph 2

2. The ~~complete~~ test reports issued on the basis of the standardised OECD Codes listed in Annex I, ~~approved according to the general rules of OECD~~or its equivalent standard, may be used as an alternative to the test reports drawn up under this Regulation or the separate Regulations. The specific type approval may be issued by the type approval authority or, when relevant, by OECD, at the choice of the manufacturer.

2011/10/25
Committee: IMCO

Proposal for a regulation
Chapter 16 – title

~~Access to vehicle repair and maintenance information~~deleted

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 47

Manufacturers’ obligations 1. Manufacturers shall provide unrestricted and standardised access to vehicle repair and maintenance information to independent operators through websites in a readily accessible and prompt manner. In particular, this access should be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers. This information shall include information required for fitting parts or equipment on vehicles. 2. Manufacturers shall make training material available to independent operators and authorised dealers and repairers. 3. The information referred to in paragraph 1 shall include as a minimum all of the following: (a) the unequivocal vehicle identification number; (b) service handbooks including repair and maintenance records; (c) technical manuals; (d) component and diagnosis information (such as minimum and maximum theoretical values for measurements); (e) wiring diagrams; (f) diagnostic trouble codes, including manufacturer specific codes; (g) the software calibration identification number applicable to a vehicle type; (h) information provided concerning, and delivered by means of, proprietary tools and equipment; (i) data record information and two- directional monitoring and test data; (j) work units. 4. Authorised dealers or repairers within the distribution system of a given vehicle manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer’s distribution system. 5. The vehicle repair and maintenance information shall always be available, except as required for maintenance purposes of the information system. 6. For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested component, diagnostic tools or test equipment manufacturer or repairer. 7. For the purposes of the design and manufacture of automotive equipment for alternative fuel tractors, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for alternative fuel vehicles. 8. When applying for EU type approval or national type approval, the manufacturer shall provide the approval authority with proof of compliance with this Regulation relating to the information required in this article. In the event that such information is not available, or does not conform to this Regulation and its implementing measures at that point in time, the manufacturer shall provide it within six months from the date of type approval. 9. If such proof of compliance is not provided within that period, the approval authority shall take appropriate measures to ensure compliance. 10. The manufacturer shall make subsequent amendments and supplements to vehicle repair and maintenance information available on its websites at the same time they are made available to authorised repairers. 11. Where repair and maintenance records of a vehicle are kept in a central database of the vehicle manufacturer or on its behalf, independent repairers shall have access free of charge to such records and shall be able to enter information on repair and maintenance which they have performed. 12. The Commission shall be delegated powers to adopt in accordance with Article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information, in particular technical specifications relating to the way in which vehicle repair and maintenance information shall be provided.Article 47 deleted

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 48

Division of obligations with regard to several holders of type-approval In case of step-by-step type approval, including multistage type approval, the manufacturer responsible for the respective type approval shall also be responsible for communicating repair information relating to the particular system, component, separate technical unit or the particular stage to both the final manufacturer and independent operators. The final manufacturer shall be responsible for communicating information about the whole vehicle to independent operators.deleted

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 49

Fees for access to vehicle repair and maintenance information 1. Manufacturers may charge reasonable and proportionate fees for access to vehicle repair and maintenance information covered by this Regulation. 2. A fee shall not be reasonable or proportionate if it discourages access by failing to take into account the extent to which the independent operator uses it. Manufacturers shall make available vehicle repair and maintenance information on a daily, monthly, and yearly basis, with fees for access to such information varying in accordance with the respective periods of time for which access is granted.deleted

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 61 a (new)

Non-road mobile machinery By [3 January 2013], the Commission shall submit to the European Parliament and to the Council a proposal to harmonise the laws of the Member States as regards the technical requirements applicable to non-road mobile machinery, their systems and components in order to ensure a high level of on-road safety, taking into account existing applicable community legislation.

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 62 – paragraph 1

1. Directive 2003/37/EC as well as Directives 74/347/EEC, 76/432/EEC, 76/763/EEC, 77/537/EEC, 78/764/EEC, 80/720/EEC, 86/297/EEC, 86/298/EEC, 86/415/EEC, 87/402/EEC, 2000/25/EC, 2009/57/EC, 2009/58/EC, 2009/59/EC, 2009/60/EC, 2009/61/EC, 2009/63/EC, 2009/64/EC, 2009/66/EC, 2009/68/EC; 2009/75/EC, 2009/76/EC, 2009/144/EC are repealed with effect from ~~1 January 201~~the relevant dates defined in Article 64.

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1

~~It shall apply from~~Member States shall, at the request of the manufacturer, apply this Regulation to new types of vehicles as from the date of entry into force of the last Delegated Act applicable to the vehicle category, but not earlier than 1 January 2014.;

2011/10/25
Committee: IMCO

Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 a (new)

Member States shall apply this Regulation to new types of vehicles two years after the date of entry into force of the last Delegated Act applicable to the vehicle category;

2011/10/25
Committee: IMCO