Activities of Werner KUHN related to 2016/0014(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles
Amendments (28)
Amendment 83 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) vehicle prototypes
Amendment 104 #
Proposal for a regulation
Article 3 – paragraph 1 – point 2
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, safetysafety, the environment or health or any other aspect of public interest protection;
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
Article 3 – paragraph 1 – point 56 a (new)
(56a) ‘vehicle prototypes’ means vehicles used on the road under the responsibility of a manufacturer to perform a specific test programme, provided that they have been specifically constructed for this purpose.
Amendment 143 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where an approval authority is informed in accordance with Articles 8(5), 9(5), 52(4) or 54, it shall take all necessary measures to review the approval granted and, where appropriate, correct or withdraw the approval, where appropriate, depending on the reasons and the seriousness of the deviations demonstrated, and notify the Commission without delay about the action taken.
Amendment 153 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real- drive and laboratory tests on the basis of statistically relevant samples, in accordance with paragraph 10 of this Article. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information.
Amendment 174 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission mshall lay adopt implementing acts to lay downwn in delegated acts 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 implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)8.
Amendment 209 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 a (new)
Article 10 – paragraph 1 – subparagraph 1 a (new)
The Forum shall be composed of representatives of the Commission, of approval authorities, of testing organisations and of manufacturers.
Amendment 215 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisorycoordination tasks shall comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.
Amendment 228 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Obligations of manufacturers concerning their vehicles, systems, components, separate technical units or parts and equipment that are not in conformity or that present a serious risk to safety, the environment and health
Amendment 235 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Obligations of distributors 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 to safety, the environment and health
Amendment 238 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the Commission, the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1).
Amendment 251 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1 a (new)
Article 23 – paragraph 4 – subparagraph 1 a (new)
Access shall cover safety- and environment-related software and hardware, including algorithms for vehicle systems and subsystems that are necessary for verification and approval. The software state shall be identified in such a way that any change is immediately discernible.
Amendment 271 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The manufacturer shall provide the approval authoritytechnical service with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.
Amendment 279 #
Proposal for a regulation
Article 30 – title
Article 30 – title
National fee structure for type-approvals and market surveillance costs
Amendment 281 #
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 286 #
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 297 #
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 5eight years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. After the expiry of the type- approval certificate, it mayshall be renewissued unchecked, upon application by the manufacturer and, only where the approval authority has verified that there have been no changes to the type of vehicle, system, component and separate technical unit concerned and 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.
Amendment 298 #
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 5eight years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. After the expiry of the type- approval certificate, it mayshall be renewissued unchecked, upon application by the manufacturer and, only where the approval authority has verified that there has been no change to the type of vehicle, system, component and separate technical unit concerned and 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.
Amendment 329 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Market surveillance authorities of one Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008 and Article 8 of this Regulation, or that have sufficient reason to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safetysafety of persons, the environment ofr persons’ health or to other aspects of the protection of public interests covered by this Regulation, shall inform without delay the approval authority that granted the approval about its findings.
Amendment 350 #
Proposal for a regulation
Article 52 – title
Article 52 – title
Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and, the environment or health
Amendment 366 #
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 of the establishment and appointment of such authorities. Member States shall ensure that type-approval authorities and market surveillance authorities function independently from each other.
Amendment 461 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission mayshall adopt implementingdelegate 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 implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 878(2).
Amendment 516 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 8(10), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 520 #
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
3. The delegation of power referred to in Article 4(2), Article 5(2), Article 8(10), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 522 #
Proposal for a regulation
Article 88 – paragraph 5
Article 88 – paragraph 5
5. A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 8(10), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 913 #
Proposal for a regulation
Article 65 – paragraph 10 a (new)
Article 65 – paragraph 10 a (new)
10a. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 and create Annex XVIIIA to address technological developments in the field of digital data exchange using a wireless wide area network, ensuring the continued direct access to in-vehicle data and resources for Independent Operators and competition- neutrality by technical design.
Amendment 1083 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 65 (10a), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.