33 Amendments of Lara COMI related to 2016/0014(COD)
Amendment 214 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) As consumer protection is a priority of the Union, manufacturers of vehicles circulating in the Union must be required to submit those vehicles for testing before being placed on the market and during their lifetime. Member States and the Commission must be guarantors of this double surveillance, one able to act where the other fails to do so.
Amendment 215 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) The EU must do all it can to prevent cheating by car manufacturers designed to manipulate pollution emission and fuel consumption tests in order to produce false results or circumvent any other rules. Such manipulation must stop once and for all.
Amendment 216 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) This Regulation seeks to address the slow pace of vehicle recall operations in Europe. The existing procedure does not guarantee effective protection of European citizens, unlike the US procedure, which allowed action to be taken quickly. From this perspective, it is essential to allow the Commission to require economic operators to take all necessary restrictive measures, including the recall of vehicles, in order that non- conforming vehicles, systems, components or other separate technical units are brought into line with this Regulation.
Amendment 217 #
Proposal for a regulation
Recital 5 d (new)
Recital 5 d (new)
(5d) If an irregularity is detected in vehicles in circulation which is contrary to the initial authorisation rules and/or puts consumer safety at risk or exceeds pollution limits it is in the interests of European consumers to be able to count on rapid, appropriate and coordinated corrective measures, including a vehicle recall, where necessary, applicable throughout the Union. Member States must provide the Commission with all the information in their possession so that it can take appropriate, rapid action to defend the integrity of the single market.
Amendment 271 #
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 Commission, type approval document and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information 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. The information to be disclosed for these purposes is not be of the nature as to undermine confidentiality of proprietary information and intellectual property.
Amendment 283 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) The Commission must be able to verify conformity with type-approvals and with the legislation applicable to vehicles, systems, components and separate technical units and ensure the regularity of type-approvals by organising, carrying out or requiring to be carried out tests and inspections of vehicles, systems, components and separate technical units which have already been placed on the market.
Amendment 302 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Type-approvals for category M1 and N1 vehicles are issued for a limited period of five years, and for category N2, N3, M2, M3 and O vehicles for a limited period of eight years.
Amendment 418 #
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. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. For the sample checks, market surveillance authorities shall use 0.5 samples per 1,000 new vehicles, per components or per separate technical units each sold per year as an indicative target for each Member State.
Amendment 422 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission shall adopt implementing 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 acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 458 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
Amendment 477 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The Commission shall organise and carry out, or require to be carriedcarry 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 481 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Those tests and inspections may take place on new vehicles supplied by manufacturers or the economic operator as provided in paragraph 2 below, or on registered vehicles in agreement with the vehicle registration holder.
Amendment 489 #
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 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 may require, depending on the situation.
Amendment 493 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
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 immediately 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).
Amendment 496 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
For vehicles approved in accordance with the step-by-step or multistage type- approval procedure, Member States shallmust also provide the Commission with the type-approval certificate and its attachments referred to in Article 26(1) for the underlying type-approvals of systems, components and separate technical units.
Amendment 502 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. These data must include the necessary information to replicate the conditions of the test carried out upon type-approval of the vehicle. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication, 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 507 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the Commission 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 requireinform the type-approval authority that granted the type-approval and call on it to require the economic operator concerned to take corrective measures. Should the non-conformity established have an impact on the safety or the environmental performance of the vehicle, the Commission may in accordance with Article 54(8) require 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 511 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 515 #
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 Commission shall immediately inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Amendment 518 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of its findings following any compliance verification testing it has carried out and forward it to the European Parliament as soon as possible.
Amendment 537 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States and should include representatives of the national type-approval authorities. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to lay down the composition, detailed tasks, working methods and rules of procedure of the Forum.
Amendment 545 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Amendment 557 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Its advisory 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, and evaluation of harmonised enforcement projects, penalties and joint inspections.
Amendment 562 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The national market surveillance authorities may present in the Forum individual cases of suspected non- conformity. The Forum may refer an individual case to the Commission, which may carry out an investigation and, if appropriate, take the measures listed in Article 9.5 if this action is so decided by a majority decision of the Forum.
Amendment 572 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 666 #
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
The approval authority and technical services shall upon request have access to full and comprehensible information on the software and algorithms of the vehicle.
Amendment 722 #
Proposal for a regulation
Article 30
Article 30
Amendment 741 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Those national fees regarding type- approvals activities shall be levied on the manufacturers who have applied for type- approval in the Member State concerned. The national fees regarding market surveillance activities shall be levied by the Member State in which the products are placed on the market. Fees shall not be levied directly by technical services.
Amendment 772 #
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 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.
Amendment 847 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where vehicles, accompanied by a certificate of conformity or 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 Commission 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, registrshall require economic operators immediately to take the restrictive measures necessary to ensure that vehicles, systems, components or other separate technical units that do not conform to the approved type comply with this regulation, or entry into service on the market ofto take all the steps required to withdraw all non-compliant vehicles, systems, components or other separate technical units, or to withdraw them from that market or to recall them from that market as quickly as possible, 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 conformityor to recall them.
Amendment 902 #
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 1
Article 65 – paragraph 1 – subparagraph 1
Manufacturers shall provide to independent operators unrestricted and standardised access to vehicle OBD information, diagnostic and other equipment, tools including any relevant softwarecomplete and comprehensible information about the software and algorithms, and vehicle repair and maintenance information.
Amendment 934 #
Proposal for a regulation
Article 71 – paragraph 8
Article 71 – paragraph 8
Amendment 1121 #
Proposal for a regulation
Annex XII – point 1 – introductory part
Annex XII – point 1 – introductory part
1. The number of units of one type of vehicle to be registered, sold or put into service annually in the Union shall not exceed, pursuant to Article 39, the figures shown in the following table for the vehicle category in question: Category N2 – 1000