33 Amendments of Philippe JUVIN 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 358 #
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
Article 3 – paragraph 1 – point 56 a (new)
(56a) 'defeat device' means any functional element of design, when functioning accordingly, that prevents the vehicle's approved control and monitoring systems from being effective and efficient as well as prevents compliance with the approval requirements under the whole spectrum of real-world driving conditions.
Amendment 388 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States, the European Parliament and the Commission. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers.
Amendment 396 #
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. The Member States shall ensure that the market surveillance authorities and the type-approval authorities can properly perform the tasks foreseen by this regulation. To this end, they shall in particular equip them with the resources necessary for that purpose.
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 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 500 #
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. This data shall in particular comprise parameters and settings that are necessary to accurately replicate test conditions that were applied at time of the type-approval testing. The data does not cover specific design details and technical specifications of parts and elements of the vehicle which do not need to be adjusted or altered I order to replicate the test conditions. 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 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 505 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Commission should guarantee that such data are made available for the purpose of further testing and follow up in order to use every evidence to avoid any neglecting.
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 519 #
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. It shall submit the report to the European Parliament.
Amendment 549 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 b (new)
Article 10 – paragraph 2 – subparagraph 1 b (new)
In order to ensure transparency of its work vis-à-vis third parties and non- governmental organizations interested in the enforcement of legislation in automotive sector, at least once a year the Forum shall meet in an extended composition and invite those third parties and non-governmental organisation to attend the meeting.
Amendment 560 #
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
The Commission should guarantee that independent third parties could to bring their test results for consideration by the Forum and the Commission should follow-up on such suspicion.
Amendment 589 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. The manufacturer shall, to protect the environment, health and safety of consumers, investigate and keep a register of complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he placed on the market and keep his importers and distributors informed of such monitoring. If the number of complaints and/or non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is higher, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay. The information shall contain a description of the issue and details necessary to identify the affected type, variant and/or version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and/or market surveillance activities by Member states and the Commission.
Amendment 594 #
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. These corrective measures shall be provided free of charge for the vehicle owner.
Amendment 622 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints, non- conformities and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such monitoring. All complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the manufactures without delay.
Amendment 636 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively. 2. The distributer 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 environmental or safety aspects of the vehicle shall be communicated to the importer or manufacturer without delay.
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 767 #
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 5 years without the possibility of prolongation of categories M1 and N1 shall be issued for a limited period of 5 years and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 8 years. The expiry date shall be indicated in the type-approval certificate. After the expiry of tThe 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 types.
Amendment 776 #
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis;; the production of a vehicle shall be considered permanently discontinued when no vehicle of the type concerned was produced over a period of two years.
Amendment 846 #
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, registration or entry into service on the market of non-compliantshall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance with those requirements, or take restrictive measures, either to withdraw the vehicles, systems, components or separate technical units, or to withdraw them from thate market or to recall them, 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 it within a reasonable period, depending on the nature of the risk.
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 1113 #
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) No 715/2007
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
(3a) in Article 5, the following subparagraph is added after paragraph 2 point c: 'Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation 2016/646/EU, shall provide the type-approval authority with all information, including technical justification, that may be reasonably required by the type-approval authority to determine whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under Article 5(2) of Regulation (EC) 715/2007 is applicable. The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.'.