[ParlTrack]

Proposal for a regulation
Recital 11

(11) Designation and monitoring of technical services by the Member States, in accordance with detailed and strict criteria, should therefore be subject to ~~supervisory controls at Union level, including~~ independent audits as a condition for the renewal of their notification after five years. The position of technical services vis-à-vis manufacturers should be strengthened, including their right and duty to carry out unannounced factory inspections and to conduct physical or laboratory tests on products covered by this Regulation, in order to ensure continuous compliance by manufacturers after they have obtained a type-approval for their products.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 14

(14) The Member States should use funds and 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 and the other Member States before they adopt the level and structure of the fee~~make public the costs involved in and the methods for monitoring the technical services, as well as the fees levied from the manufacturers.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
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 Commission should have the possibility to ~~investigate individual cases~~launch a peer review audit.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
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~~charge fees from the manufacturers and use own funds 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.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 25

(25) In addition, the Commission 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 Commission 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 Commission should be entitled to impose administrative fines where non- compliance is established.deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Recital 42

(42) In order to properly implement the compliance verification by the Commission and to ensure a level playing field for economic operators and national authorities, the Commission 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.deleted

2016/10/18
Committee: IMCO

Dennis de JONG, Jiří MAŠTÁLKA, Merja KYLLÖNEN, Neoklis SYLIKIOTIS, Kateřina KONEČNÁ

Proposal for a regulation
Article 3 – paragraph 1 – point 2

(2) ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety, the environment or any other aspect of public interest protection including consumer rights;

2016/10/18
Committee: IMCO

Dennis de JONG, Jiří MAŠTÁLKA, Merja KYLLÖNEN, Neoklis SYLIKIOTIS, Kateřina KONEČNÁ

Proposal for a regulation
Article 7 – paragraph 1

1. Approval authorities shall only approve such vehicles, systems, components or separate technical units that comply with the requirements of this Regulation. The authority shall ensure that the vehicles and systems, components, or separate technical units tested for approval are equivalent to those that will be placed on the market.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 7 – paragraph 5

5. The Commission may adopt ~~implementing~~delegated acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those ~~implementing~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 8~~7(2)~~8.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 8 – paragraph 10

10. The Commission may adopt ~~implementing~~delegated acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those ~~implementing~~delegated acts shall be adopted in accordance with the examination procedure referred to in Article 8~~7(2)~~8.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 9 – title

Compliance verification by ~~the Commission~~, and enforcement co- ordination ~~with~~of Member States

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

The ~~Commission~~Member States shall organise and carry out, ~~or require to be carried out~~by means of their market surveillance authorities, 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.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 9 – paragraph 2

2. Manufacturers holding type- approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission 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 ~~Commission~~Member State may require.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1

~~For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2,~~ Member States shall make available to the Commission 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).

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1

Where the ~~Commission~~Member State 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.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2

Where those tests and inspections put into question the correctness of the type approval itself, the ~~Commission~~Member State shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3

The ~~Commission~~Member State shall publish a report of its findings following any compliance verification testing it has carried out.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

This Forum shall be composed of members appointed by the Member States, including all relevant stakeholders.

2016/10/18
Committee: IMCO

Dennis de JONG, Jiří MAŠTÁLKA, Merja KYLLÖNEN, Neoklis SYLIKIOTIS, Kateřina KONEČNÁ

Proposal for a regulation
Article 15 – title

Obligations of importers concerning their vehicles, systems, components or separate technical units that are not in conformity or concerning their vehicles, systems, components, separate technical units, parts or equipment that present a ~~serious~~ risk

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 21 – paragraph 1

1. The manufacturer shall submit to the national approval authority of the Member State respective of the procedure an application for EU type-approval and the information folder referred to in Article 22, to be determined as follows: (a) step-by-step type-approval; the application for EU-type approval shall be submitted to the approval authority of the Member State where the system, component and separate technical unit has been produced; for the final stage, the whole-vehicle type approval, the place of assembly determines which type approval authority the application shall be submitted to. (b) single-step type-approval; the application for EU-type approval shall be submitted to the approval authority of the Member State where the type of vehicle, system, component or separate technical unit as a whole has been assembled. (c) mixed type-approval; the application for EU-type approval shall be submitted to the approval authority of the Member State where the system(s) has been produced and for the final stage, the whole-vehicle type approval, the place of assembly determines which type approval authority the application shall be submitted to.

2016/10/18
Committee: IMCO

Dennis de JONG, Jiří MAŠTÁLKA, Merja KYLLÖNEN, Neoklis SYLIKIOTIS, Kateřina KONEČNÁ

Proposal for a regulation
Article 28 – paragraph 3

3. The required tests shall be performed on those vehicles, systems, components and separate technical units that are strictly representative of the type to be approved.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 30 – title

~~National fee structure for~~Financing type-approvals and market surveillance costs

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 30 – paragraph 1

1. Member States shall ~~establish a national fee structure~~use funds 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.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 30 – paragraph 2

2. ~~Those national fees shall be levied on the m~~Manufacturers who have applied for type-approval in the Member State concerned shall bear the costs of the type- approval and ex-post conformity tests and will do so directly with the Member State. Fees shall not be levied directly by technical services.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
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 Commission 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).deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 30 – paragraph 4

4. Member States shall notify the details of their ~~national fee stru~~fees on the manufacturer to the other Member States and the Commission. 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 Commission on a yearly basis.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 30 – paragraph 5

5. The Commission may adopt implementing acts in order to define the top-up referred to in paragraph 3 to be applied to the national fees referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
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 Commission has considered that a national measure is contrary to Union legislation, the Commission 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 Commission 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).deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 2

The Commission 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.deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 51 – paragraph 2

2. ~~Where the Commission considers the national measure to be justified, a~~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 Commission considers the national measure to be ~~unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1~~an infringement of this regulation, in accordance with Article 97, the Member State concerned shall withdraw or adapt the measure.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 51 – paragraph 3

3. Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose appropriate measures as follows: (a) where regulatory acts are concerned, the Commission shall propose the necessary amendments to the act concerned; (b) concerned, the Commission shall propose the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III of Council Decision 97/836/EC.deleted where UNECE regulations are

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
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 Commission establishes a non-compliance in accordance with Article 9(5), the Commission 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 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)may initiate a peer review procedure as laid down in Article 71 (8) to (10) to investigate the objection.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1

Where an approval authority ~~or the Commission~~ 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 Commission without delay.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1

The Commission 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 granmay initiate a peer review procedure as laid down in Article 71(8) to (10) to investigated 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)~~objection.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 71 – paragraph 1

1. The type approval authority designated by the Member State in accordance with Article 7(3), hereinafter referred to as the ‘type-approval authority'’, shall be responsible for the assessment, designation, notification and the monitoring of technical services in the respective Member State, including, where appropriate, the subcontractors or subsidiaries of those technical services.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 71 – paragraph 4

4. The type-approval authority shall not perform any activities that technical services perform and shall not provide consultancy services ~~on a commercial or competitive basis~~.

2016/10/18
Committee: IMCO

Dennis de JONG, Jiří MAŠTÁLKA, Merja KYLLÖNEN, Neoklis SYLIKIOTIS, Kateřina KONEČNÁ

Proposal for a regulation
Article 71 – paragraph 6

6. The type-approval authority shall have a sufficient number of competent personnel and other resources at its disposal for the proper performance of the tasks foreseen by this Regulation

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
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;

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
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~~.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 72 – paragraph 3 a (new)

3a. The technical service shall not perform any activities on a commercial or competitive basis.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 1

A technical service shall be a third-party organisation or body that is not involved in the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses, tests or inspects, or has any legal ties with manufacturers or suppliers.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2

An organisation or body belonging to a business association or professional federation representing undertakings that are involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units that it assesses, tests or inspects, may not be considered as fulfilling the requirements of the first subparagraph~~, provided that its independence and the absence of any conflict of interest are demonstrated to the designating approval authority of the relevant Member State~~.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 76

In-house technical services of the 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.Article 76 deleted manufacturer 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. 2. comply with the following requirements: (a) national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008 and in accordance with Appendices 1 and 2 to Annex V to this Regulation; (b) including its personnel, is organisationally identifiable and has reporting methods within the manufacturer’s company of which they form part that ensures its impartiality and demonstrates that impartiality to the relevant national accreditation body; (c) service nor its personnel is engaged in any activity that might conflict with its independence or its integrity to perform the activities for which it has been designated; (d) to the manufacturer’s company of which it forms part. 3. not need to be notified to the Commission 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. 4. empowered to adopt delegated acts in accordance with Article 88 to amend Annex XV to take account of technical and regulatory developments by updating the list of regulatory acts and restrictions contained therein.it has been accredited by a the in-house technical service, neither the in-house technical it supplies its services exclusively An in-house technical service does The Commission shall be

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1

The type-approval authority shall notify the assessment report to the Commission 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.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 77 – paragraph 10

10. The type-approval authorities of the other Member States ~~or the Commission may~~ individually or jointly with the Commission may 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 Commission, it shall give the reasons therefor within two weeks after taking its decision.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 78 – paragraph 3

3. The same technical service may be designated by several type-approval authorities and notified to the Commission by the Member States of those type-approval authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1).deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 1

At least every 30 months after the notification of a technical service, and every 30 months thereafter, the type- approval authority shall assess whether ~~each~~the technical service ~~under its responsibility~~ continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. The assessment shall be carried out by the type-approval authority of the Member State in which the technical service is established and a joint assessment team designated in accordance with the procedure described in Article 77(1) to (4). This assessment shall include an on-site visit to each technical service under its responsibility.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 80 – paragraph 4

4. Five years after the notification of a technical service, and every fifth years thereafter, the assessment to determine whether the technical service still complies with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V shall be carried out by the type-approval authority of the Member State in which the technical service is established and a joint assessment team designated in accordance with the procedure described in Article 77(1) to (4).deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1

The ~~Commission~~Member States 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.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2

The ~~Commission~~Member States 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,.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 81 – paragraph 2

2. The Commission 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 Commission, 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.deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 81 – paragraph 3

3. The Commission and the Member States shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 1

Where the ~~Commission~~Member States 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 and the Commission of the type- approval authority thereof.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 3

Where the Member State fails to take the necessary restrictive measures, the Commission may, by means of implementing acts, suspend, restrict or withdraw the designation of the technical service concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). The Commission shall notify the Member State concerned of its decision and shall update the information published address the shortcomings of this regulation in the Member State concerned in accordance with the reporting procedure referred to in Article ~~78(4) accordingly~~95(2).

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 84 – paragraph 2 – point a

(a) allow their approval authority or the joint assessment team as described in Article 77(1) to witness the performance of the technical service during the conformity assessment;

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 86 – paragraph 1

1. The Member States shall ~~levy fees on~~use funds for technical services ~~applying~~ to be designated established in their territory to cover wholly or partly, the costs relating to the activities exercised by the national authorities responsible for technical services in accordance with this Regulation.

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 86 – paragraph 2

2. The Commission may adopt implementing acts in order to set out the structure and the level of the fees referred to in paragraph 1, taking into account the objectives of safety and the protection of human health and the environment, support of innovation and cost- effectiveness. When fixing the appropriate level of the fees, particular attention shall be paid to technical services that submitted a valid certificate delivered by the national accreditation body as referred to in Article 83 and to technical services that are small and medium-sized enterprises as defined in Commission Recommendation 2003/361/EC29 .. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). __________________ 29Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted

2016/10/18
Committee: IMCO

Dennis de JONG

Proposal for a regulation
Article 97 – paragraph 2

2. On the basis of the information supplied under paragraph 1, the Commission shall present an evaluation report to the European Parliament and the Council on the application of this Regulation, including on the functioning of the compliance verification in accordance with Article 9 by 31 December 20yy. [PO: please insert the year, which should be the year 20xx as mentioned in paragraph 1 + 1 year] Where the Commission establishes shortcomings of this regulation, the Commission shall propose appropriate measures as follows: (a) where regulatory acts are concerned, the Commission shall propose the necessary amendments to the act concerned; (b) where UNECE regulations are concerned, the Commission shall propose the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III of Council Decision 97/836/EC.

2016/10/18
Committee: IMCO

Activities of Dennis de JONG related to 2016/0014(COD)

Plenary speeches (2)

Shadow reports (1)

Amendments (58)

ParlTrack - 2011-2024