37 Amendments of Marc TARABELLA related to 2016/0014(COD)
Amendment 221 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance covering the lifetime of the vehicles, systems, components and separate technical units concerned. Market surveillance in the automotive sector should be introduced by specifying the obligations of the economic operators in the supply chain, the responsibilitietasks of the enforcement authorities in the Member States, and the measures to be taken when automotive products are encountered on the market that represent seriousany kind of safety or environmental risks or that do not comply with the type-approval requirements, and by establishing a European Agency for Market Surveillance of Road Transport.
Amendment 226 #
Proposal for a regulation
Recital 8 b (new)
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.
Amendment 274 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and the Commissionthe 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.
Amendment 277 #
Proposal for a regulation
Recital 23
Recital 23
(23) The obligatioIns of national authorities concerning market surveillance provided in this Regulation are more specific thanar 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 complemallocation of tasks and obligations betweent that framework with an effective market surveillance mechanism ensuring a robust ex-post verification of compliance of the products covered bye Agency and national market surveillance authorities, the provisions of this Regulation shall prevail.
Amendment 280 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 294 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) In order to ensure and continually improve a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the introduction of new technologies based on technical and scientific progress should be facilitated by limiting the required test and documentation for granting EU type approval of such technologies.
Amendment 313 #
Proposal for a regulation
Recital 36 a (new)
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.
Amendment 316 #
Proposal for a regulation
Recital 37 a (new)
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.
Amendment 338 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) 'defeat device' means any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameters for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under all ambient or engine operating conditions encountered either during normal vehicle operation or outside the type-approval test procedures;
Amendment 339 #
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 340 #
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 342 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
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;
Amendment 343 #
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 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;
Amendment 350 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36
Article 3 – paragraph 1 – point 36
(36) ‘technical service’ means an organisation or body designated by the approval authorityEuropean 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;
Amendment 356 #
Proposal for a regulation
Article 3 – paragraph 1 – point 47 a (new)
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;
Amendment 361 #
Proposal for a regulation
Article 5 a (new)
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.
Amendment 362 #
Proposal for a regulation
Article 5 a (new)
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.
Amendment 363 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Amendment 372 #
Proposal for a regulation
Article 6 – paragraph 2
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.
Amendment 373 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 378 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 389 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 401 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Approval authorities shall ensure that the vehicle provided by the manufacturer for the purpose of type- approval testing is fully representative of the vehicle to be produced and placed on the market and which testing does not lead to test results that are systematically divergent from the performance of those vehicles operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 433 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
Amendment 446 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 453 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member StatMember 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 CommissionAgency the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 465 #
Proposal for a regulation
Article 8 – paragraph 10 a (new)
Article 8 – paragraph 10 a (new)
10a. Market surveillance authorities shall publish the results of their control activities either on their own internet platform or on the website of the Agency.
Amendment 579 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that he has manufactured and that have been placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation, and that they continue to comply with those requirements regardless of the testing method used.
Amendment 583 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When applying for an EU type approval, the manufacturers shall demonstrate that the design of vehicles, systems components and separate technical units does not incorporate strategies that unnecessarily reduce the performance exhibited during relevant test procedure when the vehicles, systems, components and separate technical units are operated under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 637 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The distributor shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environment or safety aspects of the vehicles shall be communicated to the importer or manufacturer without delay.
Amendment 654 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. It shall also include verification that performances of the systems that were granted type approval separately is still in conformity with those type approvals when incorporated to a whole vehicle. The type approval authority that approves the whole vehicle shall be the responsible authority for the type approval.
Amendment 675 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
The approval authority may, by reasonedand 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.
Amendment 684 #
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. The approval authority may refuse to approve a vehicle emissions control defeat device on the basis of the information included in the information folder by consideration of currently best available technology. The approval authority shall refuse to grant EU type-approval where it finds that a defeat devices has been unlawfully incorporated.
Amendment 704 #
Proposal for a regulation
Article 28 – paragraph 3 a (new)
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.
Amendment 709 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. An approval authority that has granted a whole-vehicle type-approvalThe 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.
Amendment 807 #
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. Member States shall keep records of the VIN of the vehicles that they permitted to be made available on the market, registered or entered into service in accordance with this Article. 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 and to national authorities.
Amendment 871 #
Proposal for a regulation
Article 56 – paragraph 4 – subparagraph 2
Article 56 – paragraph 4 – subparagraph 2
Where the approval authority or the Agency finds that the conditions for issuing the authorisation are no longer fulfilled, it shall request the manufacturer to take the necessary measures to ensure that the parts or equipment are brought into conformity. Where necessary, it shall withdraw the authoriszation or in case of the Agency required the approval authority that granted the type-approval to withdraw the authorization.