24 Amendments of Evžen TOŠENOVSKÝ related to 2016/0014(COD)
Amendment 84 #
Proposal for a regulation
Recital 17
Recital 17
(17) The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type-approval fee structure that should cover the costs for carrying out all type-approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type-approval and the costs for carrying out ex-post compliance verification tests and inspections.
Amendment 85 #
Proposal for a regulation
Recital 18
Recital 18
(18) A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type- approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer-reviews, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
Amendment 130 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, only where they consider it necessary and duly justified, be entitled to enter the premises of economic operators and seizein their Member State and borrow the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. In other cases, the samples shall be bought or leased by the market surveillance authorities directly on the market.
Amendment 148 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 193 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make publicavailable data which are needed for the purpose of compliance verification testing by third partiesmarket surveillance authorities and the Commission. The Commission shall adopt implementing acts in order to define the data to be made publicavailable and the conditions for such publicationproviding such data, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 282 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designated.
Amendment 287 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Fees shall not be levied directly by technical services.
Amendment 289 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 296 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 58 years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. AfterBefore the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer, submitted at the latest 6 months before the expiry date, and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that type. Where the approved type has not been modified by the manufacturer, the approval authority shall not require the repetition of the tests referred to in Article 28.
Amendment 319 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
End-of-series vehicles for which the EU type-approval has become invalid pursuant to Article 33(2)(a) may only be made available on the market, registered or entered into service, provided that the requirement set out in paragraph 4 and the time limits laid down in paragraphs 2 and 4 are complied with.
Amendment 320 #
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 2
Article 47 – paragraph 1 – subparagraph 2
The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been made available on the market nor registered or entered into serviceregistered before their EU type- approval lost its validity.
Amendment 321 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 323 #
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1
Article 47 – paragraph 3 – subparagraph 1
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the nationapproval authority of the Member State that granted the EU type- approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned.
Amendment 324 #
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 2
Article 47 – paragraph 3 – subparagraph 2
The nationapproval authority concerned shall decideof the Member State that granted the EU type-approval shall, within threone months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be grantedUnion.
Amendment 328 #
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 359 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. For the purposes of paragraph 1, minor non-substantial deviations from the particulars in the EU type-approval certificate or the information package shall not be deemed to constitute a failure to conform to the approved type.
Amendment 406 #
Proposal for a regulation
Article 71 – paragraph 8
Article 71 – paragraph 8
Amendment 421 #
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
Amendment 425 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
Amendment 441 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Amendment 445 #
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
Amendment 447 #
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The joint assessment teamapproval authority shall produce within 45 days after the on-site assessment a report setting out the extent to which the applicant complies with the requirements set out in in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V of this Regulation.
Amendment 448 #
Proposal for a regulation
Article 77 – paragraph 4
Article 77 – paragraph 4
4. This report shall contain a summary of identified non-compliances. Divergent opinions between members of the joint assessment team shall be reflected in the report, together with a recommendation whether the applicant could be designated as technical service.
Amendment 450 #
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5