109 Amendments of Francisco ASSIS related to 2016/0014(COD)
Amendment 74 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In pursuing the objectives of this Regulation, of Regulation 715/2007 and of Directive 2007/46/CE of the European Parliament and of the Council for the type approval of motor vehicles and their trailers, implemented by national authorities and technical services in the Member-States, the establishment of a European entity for market surveillance and type-approval (referred to as "European authority") within the existing institutional framework and with respect for the balance of power in the European Union, that would carry out the tasks and responsibilities attributed to the European Commission under this Regulation, would ensure a high level of expertise and harmonisation, for the purpose of the good functioning of the Single Market to the gain of consumers and undertakings, as well as a high level of protection of public health and environment. To this end, special consideration should therefore be given to the extension of the competencies of the European Railway Agency to all land transports, including type-approval and market surveillance of motor vehicles activities.
Amendment 78 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to increase transparency and mutual trust and to further align and develop the 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 and with the European authority for market surveillance and type-approval. They should consult each other and, the Commission and the European authority on questions with general relevance for the implementation of this Regulation and inform each other and, the Commission and the European authority on their model assessment checklist.
Amendment 80 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Member States should levy fees for the designation and monitoring of technical services to ensure sustainability of the monitoring of those technical services by Member States and to establish a level playing field for technical services. In order to ensure transparency, the Member States should inform the Commission, the European authority and the other Member States before they adopt the level and structure of the fees.
Amendment 82 #
Proposal for a regulation
Recital 15
Recital 15
(15) When, in spite of the measures taken to ensure a coherent application and follow up of the requirements by the Member States, the competence of a technical service is in doubt, the CommissionEuropean authority should have the possibility to investigate individual cases.
Amendment 87 #
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 environmental 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, the European authority and the Commission to exchange information on and to coordinate their activities related to the enforcement of type-approval legislation. The currently informal cooperation between Member States in this respect would benefit from a more formal framework.
Amendment 90 #
Proposal for a regulation
Recital 25
Recital 25
(25) In addition, the CommissionEuropean authority 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 CommissionEuropean authority 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 resources. The CommissionEuropean authority should be entitled to impose administrative fines where non-compliance is established.
Amendment 95 #
Proposal for a regulation
Recital 40
Recital 40
(40) Member States 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 and the European authority annually, to monitor the coherence of the implementation of these provisions.
Amendment 98 #
Proposal for a regulation
Recital 42
Recital 42
(42) In order to properly implement the compliance verification by the CommissionEuropean authority and to ensure a level playing field for economic operators and national authorities, the CommissionEuropean authority should be competent to impose harmonized administrative fines upon the economic operators found to have infringed upon this regulation regardless of where the vehicle, system, component or separate technical unit was originally type-approved.
Amendment 106 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
Amendment 107 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
(8b) 'Base Emission Strategy' (hereinafter 'BES') means an emission strategy that is active throughout the speed and load operating range of the engine unless an AES is activated;
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
Article 3 – paragraph 1 – point 8 c (new)
(8c) 'Auxiliary Emission Strategy' (hereinafter 'AES') means an emission strategy that becomes active and replaces or modifies a base emission strategy for a specific purpose and in response to a specific set of ambient and/or operating conditions and only remains operational as long as those conditions exist;
Amendment 109 #
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘approval authority’ means the authority or authorities of a Member State, notified to the Commission and the European authority by that Member State, with competence 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;
Amendment 121 #
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 and the European authority of the establishment and appointment of such authorities.
Amendment 169 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member States shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the CommissionEuropean authority the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 175 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a For a European surveillance entity : modification of European Railway Agency into European Land Transports Agency 36 months after entry into force of this Regulation, European Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on enforcement of the new provisions for type-approval and market surveillance of motor vehicles, followed by a legislative initiative aiming at extending competences of the European Railway Agency, to include type-approval and market surveillance of motor vehicles.
Amendment 177 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Compliance verification by the Commission and the European authority and enforcement co- ordination with Member States
Amendment 179 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionEuropean 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 185 #
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 Commission a European authority a statistically relevant number of production vehicles, systems, components and separate technical units selected by the CommissionEuropean authority 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 CommissionEuropean authority may require.
Amendment 189 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionEuropean authority to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the CommissionEuropean authority 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 196 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the CommissionEuropean 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 200 #
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 CommissionEuropean authority shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 202 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionEuropean authority shall publish a report of its findings following any compliance verification testing it has carried out.
Amendment 204 #
Proposal for a regulation
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5a. Any remedy action taken by the European authority pursuant to its verification testing shall apply Union- wide and shall be implemented by the national authorities in a harmonised and consistent manner. Such EU corrective action may include uniform compensation to consumers if the original vehicles' performance was altered following the remedy action taken as well as financial compensation for any external negative impacts (air quality, public health, etc.).
Amendment 224 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. The Commission shall adopt delegated acts in accordance with Articles 88 to set out criteria according to which an application for one of the exceptions to the prohibition of vehicle emissions control defeat devices in accordance with Article 5(2) of Regulation 715/2007 is evaluated and conditions under which it may be approved or rejected.
Amendment 243 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The information folder shall be supplied in an electronic format to be provided by the CommissionEuropean authority but may also be supplied on paper.
Amendment 255 #
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 CommissionEuropean authority a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 258 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the CommissionEuropean authority a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 260 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The approval authority shall send, at three-monthly intervals, to the approval authorities of the other Member States and the CommissionEuropean authority a list of the EU type- approvals for systems, components or separate technical units it has issued, amended, refused to grant or withdrawn during the preceding period. That list shall contain the information specified in Annex XIV.
Amendment 263 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the CommissionEuropean authority, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 266 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the CommissionEuropean authority of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
Amendment 290 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The national fee structure shall also cover the costs for the compliance verification inspections and tests carried out by the CommissionEuropean authority in accordance with Article 9. These contributions shall constitute external assigned revenues for the general budget of the European Union, according to Art. 21(4) of the Financial Regulation26 . __________________ 26 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2015 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1–96).
Amendment 293 #
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Member States shall notify the details of their national fee structure to the other Member States and the CommissionEuropean authority. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the CommissionEuropean authority on a yearly basis.
Amendment 301 #
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
Upon reception of the notification made by the manufacturer, the approval authority that granted the EU type-approval shall communicate without delay to the approval authorities of the other Member States and the CommissionEuropean authority all relevant information for the making available on the market, registering or entering into service of vehicles, where appropriate.
Amendment 306 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the CommissionEuropean authority. That authorisation shall be given by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 308 #
Proposal for a regulation
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
Pending the decision on authorisation by the CommissionEuropean authority, the approval authority may issue a provisional EU type- approval, valid only in the territory of the Member State of that approval authority, in respect of a type of vehicle covered by the exemption sought. The approval authority shall inform without delay the CommissionEuropean authority and the other Member States thereof by means of a file containing the information referred to in paragraph 2.
Amendment 309 #
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Where appropriate, the authorisation of the CommissionEuropean authority referred to in paragraph 3 shall specify whether it is subject to any restrictions, in particular with regard to the maximum number of vehicles covered. In all cases, the EU type- approval shall be valid for at least 36 months.
Amendment 312 #
Proposal for a regulation
Article 37 – paragraph 7 – subparagraph 1
Article 37 – paragraph 7 – subparagraph 1
Where the CommissionEuropean authority refuses authorisation referred to in paragraph 3, the approval authority shall immediately inform the holder of the provisional type- approval referred to in paragraph 4 that the provisional EU type-approval approval shall be revoked six months after the date of the Commission’European authority's refusal.
Amendment 314 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Where the CommissionEuropean authority has authorised the granting of an EU type- approval in accordance with Article 37, it shall immediately take the necessary steps to adapt the regulatory acts concerned to the latest technological developments.
Amendment 315 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Once the relevant regulatory acts have been amended, any restriction in the CommissionEuropean authority decision authorising the granting of an EU type-approval shall be lifted.
Amendment 318 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the CommissionEuropean authority may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 331 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The relevant approval authority shall inform the CommissionEuropean authority and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 334 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionEuropean authority and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 338 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the CommissionEuropean authority and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non- conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 340 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the CommissionEuropean authority in accordance with Article 51.
Amendment 342 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 345 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the CommissionEuropean authority has considered that a national measure is contrary to Union legislation, the CommissionEuropean authority shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the CommissionEuropean authority shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 347 #
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2
Article 51 – paragraph 1 – subparagraph 2
The CommissionEuropean authority shall address its decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission accordingly.
Amendment 348 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the CommissionEuropean authority considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non- compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the Commission accordingly. Where the CommissionEuropean authority considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the CommissionEuropean authority decision referred to in paragraph 1.
Amendment 349 #
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the CommissionEuropean authority shall propose appropriate measures as follows:
Amendment 352 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The Member State shall within one month of the request referred to in paragraph 1 provide the CommissionEuropean authority and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
Amendment 354 #
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
4. The CommissionEuropean authority shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the CommissionEuropean authority shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 355 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. The CommissionEuropean authority shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators.
Amendment 356 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the CommissionEuropean authority may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
Amendment 361 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionEuropean authority shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 363 #
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the CommissionEuropean authority and the other Member States.
Amendment 365 #
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
Article 54 – paragraph 8 – subparagraph 1
Where, within one month after the notification of the restrictive measures taken by an approval authority or a market surveillance authority in accordance with Article 53(1), an objection has been raised by another Member State in respect of the notified restrictive measure or where the CommissionEuropean authority establishes a non- compliance in accordance with Article 9(5), the CommissionEuropean authority shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation made by the European authority, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 368 #
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 2
Article 54 – paragraph 8 – subparagraph 2
The Commission shall address itsthe decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission and the European authority accordingly.
Amendment 370 #
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the CommissionEuropean authority in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 377 #
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
6. An approval authority that disagrees with the authorisation issued by another Member State shall bring the reasons for its disagreement to the attention of the Commission. The CommissionEuropean authority. The European authority shall take the appropriate measures in order to resolve the disagreement, which may include, where necessary, requiring the withdrawal of the authorisation, after having consulted the relevant approval authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 378 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the CommissionEuropean authority without delay.
Amendment 380 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Where an approval authority or the CommissionEuropean authority considers that the remedies referred to in Article 57(3) are insufficient or are not implemented quickly enough, they shall notify their concern to the approval authority that granted the EU type-approval and the CommissionEuropean authority without delay.
Amendment 382 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
The approval authority that granted the EU type-approval shall request the manufacturer to take corrective measures to address the concerns notified. Where the manufacturer does not propose and implement effective corrective measures, the approval authority that granted the EU type-approval shall take all restrictive measures required, including the withdrawal of the EU type-approval and mandatory recall, and inform the approval authorities of the other Member States and the CommissionEuropean authority about the restrictive measures taken. In the case of withdrawal of the EU type-approval, the approval authority shall inform without delay the manufacturer by registered letter or equivalent electronic means of that withdrawal.
Amendment 384 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Where an approval authority considers that the restrictive measures taken by the approval authority that granted the EU type-approval pursuant to article 58(1) are not sufficient or timely enough, .it shall inform the CommissionEuropean authority thereof and it may take appropriate restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned non-compliant vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them.
Amendment 386 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1
Article 58 – paragraph 3 – subparagraph 1
The CommissionEuropean authority shall hold appropriate consultations with the parties involved and shall decide whether the restrictive measures taken by the approval authority that granted the EU type-approval are sufficient and timely enough, and where necessary, propose appropriate measures to ensure that the conformity is restored and/or the serious risk referred to in Article 57(3) is effectively neutralised. That decision shall also address the suitability of the restrictive measures taken by approval authorities who considered the action taken by the approval authority that granted the EU type-approval as not sufficient or timely enough. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 387 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 2
Article 58 – paragraph 3 – subparagraph 2
The CommissionEuropean authority shall address its decision to the Member States concerned and shall immediately communicate it to the relevant economic operators.
Amendment 389 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Member States shall implement without delay the CommissionEuropean authority decision and inform the Commission accordingly.
Amendment 391 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where, within one month of receipt of the notification regarding the approved remedies referred to in Article 57(3), no objection has been raised against those remedies by either another Member State or the CommissionEuropean authority, those remedies shall be deemed justified. The other Member States shall ensure that those remedies are applied in respect of the vehicles, systems, components or separate technical units concerned that have been made available on the market, registered, or entered into service in their territory.
Amendment 401 #
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Forum referred to in paragraph 1 shall advise the Commission and the European authority on measures to prevent misuse of vehicle OBD and vehicle repair and maintenance information.
Amendment 404 #
Proposal for a regulation
Article 71 – paragraph 7
Article 71 – paragraph 7
7. Member States shall provide the CommissionEuropean authority and the other Member States with information on their procedures for the assessment, designation and notification of technical services and for the monitoring of technical services, and of any changes thereto.
Amendment 414 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the CommissionEuropean authority.
Amendment 419 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysisEuropean authority can participate in the review.
Amendment 422 #
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-review shall be communicated to all Member States and to the CommissionEuropean authority and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the CommissionEuropean authority and issue recommendations.
Amendment 427 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the CommissionEuropean authority and the other Member States on how it has addressed the recommendations in the peer-review report.
Amendment 430 #
Proposal for a regulation
Article 72 – paragraph 1 – point b
Article 72 – paragraph 1 – point b
(b) category B: supervision of the tests referred to in this Regulation and in the acts listed in Annex IV, where those tests are performed in the manufacturer’s facilities or in the facilities of a third party;
Amendment 431 #
Proposal for a regulation
Article 72 – paragraph 2
Article 72 – paragraph 2
Amendment 432 #
Proposal for a regulation
Article 72 – paragraph 3
Article 72 – paragraph 3
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 434 #
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1
Article 73 – paragraph 2 – subparagraph 1
A technical service shall be an independent third-party organiszation or body that is notthat has no legal ties to any manufacturer or parts supplier, nor has itself any involvedment in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects.
Amendment 435 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. An in-house technical service of a manufacturer may be designated for category A activities as referred to in Article 72(1)(a) only with regard to the regulatory acts listed in Annex XV. An in- house technical service shall constitute a separate and distinct part of the manufacturer's company and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses.
Amendment 436 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
Amendment 439 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. An in-house technical service does not need to be notified to the Commission European authority for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type- approval authority at the request of that authority.
Amendment 444 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type- approval authority of the Member State in which the applicant technical service is established, and together with a representative of the CommissionEuropean authority, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type- approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
Amendment 451 #
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
5. The Member States shall notify to the CommissionEuropean authority the names of the representatives of the type-approval authority to call upon for each joint assessment.
Amendment 453 #
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1
Article 77 – paragraph 7 – subparagraph 1
The type-approval authority shall notify the assessment report to the CommissionEuropean authority and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.
Amendment 456 #
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
8. The type-approval authorities of the other Member States and the Commission European authority may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence..
Amendment 458 #
Proposal for a regulation
Article 77 – paragraph 10
Article 77 – paragraph 10
10. The type-approval authorities of the other Member States or the CommissionEuropean authority may individually or jointly address recommendations to the type- approval authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That type-approval authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that type-approval authority decides not to follow the recommendations addressed by the other Member States or the CommissionEuropean authority, it shall give the reasons therefor within two weeks after taking its decision.
Amendment 462 #
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
Member States shall notify to the CommissionEuropean authority the name, the address, including the electronic address, the responsible persons and the category of activities of every technical service that they have designated. The notification shall clearly specify the scope of the designation, the conformity assessment activities and procedures, the type of products and the subjects listed in Annex IV for which the technical services have been designated, and subsequent modifications to any of those details.
Amendment 465 #
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 1
Article 78 – paragraph 2 – subparagraph 1
Within 28 days of a notification, a Member State or the CommissionEuropean authority may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the type-approval authority. When a Member State or the CommissionEuropean authority raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall decide by means of an implementing act whether the suspension of the notification can be lifted or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 468 #
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 2
Article 79 – paragraph 1 – subparagraph 2
The type-approval authority shall immediately inform the CommissionEuropean authority and the other Member States of any suspension, restriction or withdrawal of a notification.
Amendment 470 #
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 3
Article 79 – paragraph 1 – subparagraph 3
The CommissionEuropean authority shall update the information published referred to in Article 78(4) accordingly.
Amendment 472 #
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 1
Article 79 – paragraph 3 – subparagraph 1
The type-approval authority shall inform the other type-approval authorities and the CommissionEuropean authority when non-compliance of the technical service has an impact on type- approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification.
Amendment 474 #
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 2
Article 79 – paragraph 3 – subparagraph 2
Within two months after having notified the changes to the notification, the type- approval authority shall submit a report on its findings regarding the non-compliance to the CommissionEuropean authority and the other type- approval authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating type-approval authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued.
Amendment 478 #
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 1 – point a
Article 79 – paragraph 4 – subparagraph 1 – point a
(a) in the case of suspension of a notification, on condition that, within three months after the suspension, the type- approval authority that issued the type- approval certificate confirms in writing to the type-approval authorities of the other Member States and the CommissionEuropean authority that it is assuming the functions of the technical service during the period of suspension;
Amendment 481 #
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 2
Article 79 – paragraph 4 – subparagraph 2
The type-approval authority assuming the functions of the technical service shall immediately inform the other type- approval authorities, the other technical services and the CommissionEuropean authority thereof.
Amendment 483 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Technical services shall respond without delay to requests by a type- approval authority or by the CommissionEuropean authority in relation to the conformity assessments they have carried out.
Amendment 485 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 2
Article 80 – paragraph 3 – subparagraph 2
When the type-approval authority of the Member State in which the technical service is established invokes a legitimate reason, it shall inform the CommissionEuropean authority thereof.
Amendment 488 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 3
Article 80 – paragraph 3 – subparagraph 3
The CommissionEuropean authority shall consult without delay the Member States. On the basis of that evaluation, the CommissionEuropean authority shall decide by means of an implementing act whether the legitimate reason is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 489 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 4
Article 80 – paragraph 3 – subparagraph 4
The technical service or the type-approval authority may request that any information transmitted to the authorities of another Member State or, to the Commission or to the European authority shall be treated confidentially.
Amendment 492 #
Proposal for a regulation
Article 80 – paragraph 4 – subparagraph 2
Article 80 – paragraph 4 – subparagraph 2
Within two months after finalising this assessment of the technical service, the Member States shall report to the CommissionEuropean authority and to the other Member States on those monitoring activities. The reports shall contain a summary of the assessment which shall be made publicly available.
Amendment 496 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Article 81 – paragraph 1 – subparagraph 1
The CommissionEuropean authority shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.
Amendment 498 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2
Article 81 – paragraph 1 – subparagraph 2
The CommissionEuropean authority shall investigate the responsibility of the technical service in the case where it is demonstrated or where there are justified grounds to consider that a type approval has been granted on the basis of false data or that the test results have been falsified or that data or technical specifications have been withheld that would have led to the refusal to grant the type approval,.
Amendment 500 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. The CommissionEuropean authority shall consult the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type- approval authority of that Member State shall provide the CommissionEuropean authority, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.
Amendment 503 #
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The Commission and the European authority shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Amendment 505 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 1
Article 81 – paragraph 4 – subparagraph 1
Where the CommissionEuropean authority ascertains that a technical service does not or no longer comply with the requirements for its designation or that it is responsible for any of the wrong-doings referred to in paragraph 1, it shall inform the Member State of the type-approval authority thereof.
Amendment 507 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 2
Article 81 – paragraph 4 – subparagraph 2
The CommissionEuropean authority shall request that Member State to take restrictive measures, including the suspension, restriction or withdrawal of the designation, where necessary.
Amendment 510 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Type-approval authorities shall consult each other and the CommissionEuropean authority on questions with general relevance with regard to the implementation of the requirements set out in this Regulation in relation with the assessment, designation and monitoring of technical services.
Amendment 524 #
Proposal for a regulation
Article 89 – paragraph 4
Article 89 – paragraph 4
4. Member States shall notify the provisions implementing paragraphs 1 to 3 to the Commission and the European authority by dd/mm/yyyy [PO: please insert the date 12 months after entry into force of this Regulation.] and shall notify the Commission and the European authority without delay of any subsequent amendment affecting those provisions.
Amendment 528 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1
Where the compliance verification by the CommissionEuropean authority referred to in Article 9(1) and (4), or Article 54(1) reveals non- compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the CommissionEuropean authority may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Amendment 530 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shallEuropean authority should not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 538 #
Proposal for a regulation
Article 97 – paragraph 1
Article 97 – paragraph 1
1. By 31 December 20xx [PO: please insert the year, which should be the year of application as mentioned in Article 98 + 5 years]Member States shall inform the Commission and the European authority of the application of the type- approval and market surveillance procedures laid down in this Regulation.