114 Amendments of Dominique RIQUET related to 2016/0014(COD)
Amendment 76 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should strengthen the current type-approval framework, in particular through the introduction of provisions on market surveillance. Market surveillance in the automotive sector should be introduced by specifying the obligations of the economic operators in the supply chain, the responsibilities of the enforcement authorities in the Member States, and the measures to be taken when automotive products are encountered on the market that represent serious safety or environmental risks or that do not comply with the type-approval requirements. Market surveillance as a whole should be placed under the authority of an independent European authority.
Amendment 86 #
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. The European Agency should have the power to suspend the accreditation of an approval authority if it is seriously failing to meet its responsibilities.
Amendment 115 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
‘European Agency’ means the decentralised agency responsible for carrying out the tasks assigned to it under this regulation. The need for the harmonisation of checks, the degree of technical expertise required and a guarantee of total independence call for the setting up of a decentralised European Agency. The Commission shall put forward a proposal for a regulation establishing this agency and defining its status, composition, internal rules and means of funding, in order to ensure it has the level of expertise and degree of independence needed to carry out the missions assigned to it in this Regulation.
Amendment 122 #
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 CommissionEuropean Agency of the establishment and appointment of such authorities.
Amendment 124 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
That notification shall include the name of those authorities, their address, including their electronic address, and their competences. The CommissionEuropean Agency shall publish on its website a list and details of the approval authorities and the market surveillance authorities.
Amendment 134 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 139 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance 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 and the CommissionEuropean Agency. The Member State concerned shall make a summary of the results accessible to the public.
Amendment 149 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Commission may adopt implementing acts toEuropean Agency shall lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). 87(2).
Amendment 167 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Member States shall periodically review and assess the functioning of their surveillance 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 and the Commissiono the European Agency. The Member State concerned shall make a summary of the results accessible to the public.
Amendment 170 #
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The market surveillance authorities of different Member States shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the CommissionEuropean Agency the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
Amendment 172 #
Proposal for a regulation
Article 8 – paragraph 10
Article 8 – paragraph 10
10. The Commission may adopt implementing acts toEuropean Agency shall 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 180 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
The CommissionEuropean Agency shall organise and carry out, or require to be carried 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 184 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 3
Article 9 – paragraph 1 – subparagraph 3
Those tests and inspections may also take place on registered vehicles in agreement with the vehicle registration holder. In such cases, all tests regarded as necessary shall be carried out, and not necessarily only those carried out during the initial type approval. The national authority responsible for carrying out those tests shall not be the same as the one that carried out the initial type approval.
Amendment 186 #
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 CommissionEuropean Agency a statistically relevant number of production vehicles, systems, components and separate technical units selected by the CommissionEuropean Agency 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 CommissionEuropean Agency may require.
Amendment 190 #
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the CommissionEuropean Agency to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the CommissionEuropean Agency 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 191 #
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 shall also provide the CommissionEuropean Agency 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 192 #
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. The Commission shall adopt implementing acts in order toEuropean Agency shall 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 197 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Article 9 – paragraph 5 – subparagraph 1
Where the CommissionEuropean Agency 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.
Amendment 199 #
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 CommissionEuropean Agency shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement. After consulting the forum, the European Agency may choose either temporarily or permanently to suspend the accreditation of a national authority that has failed to carry out its type approval procedure properly.
Amendment 203 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The CommissionEuropean Agency shall publish a report of its findings following any compliance verification testing it has carried out.
Amendment 208 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
The CommissionEuropean Agency shall establish and chair a Forum for Exchange of Information on Enforcement (‘the Forum’).
Amendment 214 #
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, experts appointed by the European Agency, consumer representatives and representatives of the automotive industry.
Amendment 221 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 88 toEuropean Agency shall be responsible for laying down the composition, appointment process, detailed tasks, working methods and rules of procedure of the Forum.
Amendment 233 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. A manufacturer's representative who terminates the mandate on the grounds referred to in point (e) of paragraph 1 shall immediately inform the type approval authority that granted the approval and the CommissionEuropean Agency.
Amendment 239 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
Upon a request of the European Agency, an approval authority or a market surveillance authority, for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:
Amendment 244 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The Commission shall be empowered, on a recommendation from the European Agency, to adopt delegated acts in accordance with Article 88 to amend Annexes I and III to take account of technical and regulatory developments by updating the template for the information document, including a harmonised electronic format as referred to in paragraph 2.
Amendment 253 #
Proposal for a regulation
Article 24 – paragraph 3 – subparagraph 2
Article 24 – paragraph 3 – subparagraph 2
The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex V to take account of regulatory and technological developments by updating the procedures with respect to EU type- approval and Annex XVII with respect to multi-stage type-approval.
Amendment 256 #
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a serious risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the CommissionEuropean Agency a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 259 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the CommissionEuropean Agency a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 261 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The approval authority shall send, at three-monthly intervals, to the approval authorities of the other Member States and the CommissionEuropean Agency a list of the EU type- approvals for systems, components or separate technical units it has issued, amended, refused to grant or withdrawn during the preceding period. That list shall contain the information specified in Annex XIV.
Amendment 264 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Where requested by an approval authority of another Member State or the CommissionEuropean Agency, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file.
Amendment 267 #
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The approval authority shall without delay inform the approval authorities of the other Member States and the CommissionEuropean Agency of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
Amendment 269 #
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex XIV by updating the template for the notification of the EU type-approvals for systems, components or separate technical units that have been issued, amended, refused, or withdrawn.
Amendment 270 #
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 2
Article 26 – paragraph 2 – subparagraph 2
The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend Annexes VI, VII and VIII to take account of technical and regulatory developments by updating the templates for the type- approval certificate, its numbering system, and the test result sheet, respectively, including providing the relevant electronic formats.
Amendment 274 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex XVI to take account of technical and regulatory developments by updating the list of regulatory acts in respect of which virtual testing methods may be used by a manufacturer or a technical service and the specific conditions under which virtual testing methods are to be used.
Amendment 276 #
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex X to take account of technological and regulatory developments by updating the conformity of production procedures.
Amendment 291 #
Proposal for a regulation
Article 30 – paragraph 3
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 CommissionEuropean Agency 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).
Amendment 294 #
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Commission may adopt implementing acts in order toEuropean Agency shall 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).
Amendment 299 #
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 57 years for M category vehicles and a limited period of 10 years for N category vehicles, 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 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 302 #
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 2
Article 34 – paragraph 2 – subparagraph 2
The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex IX to take account of technological and regulatory developments by updating the template for the certificate of conformity.
Amendment 305 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. The granting of EU type-approvals exempting new technologies or new concepts shall be subject to authorisation by the Commission. That authorisation shall be given by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2)European Agency.
Amendment 307 #
Proposal for a regulation
Article 37 – paragraph 4 – subparagraph 1
Article 37 – paragraph 4 – subparagraph 1
Pending the decision on authorisation by the CommissionEuropean Agency, the approval authority may issue a provisional EU type- approval, valid only in the territory of the Member State of that approval authority, in respect of a type of vehicle covered by the exemption sought. The approval authority shall inform without delay the CommissionEuropean Agency and the other Member States thereof by means of a file containing the information referred to in paragraph 2.
Amendment 310 #
Proposal for a regulation
Article 37 – paragraph 6
Article 37 – paragraph 6
6. Where appropriate, the authorisation of the CommissionEuropean Agency referred to in paragraph 3 shall specify whether it is subject to any restrictions, in particular with regard to the maximum number of vehicles covered. In all cases, the EU type- approval shall be valid for at least 36 months.
Amendment 311 #
Proposal for a regulation
Article 37 – paragraph 7 – subparagraph 1
Article 37 – paragraph 7 – subparagraph 1
Where the CommissionEuropean Agency refuses authorisation referred to in paragraph 3, the approval authority shall immediately inform the holder of the provisional type- approval referred to in paragraph 4 that the provisional EU type-approval approval shall be revoked six months after the date of the CommissionEuropean Agency’s refusal.
Amendment 313 #
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Where the CommissionEuropean Agency has authorised the granting of an EU type- approval in accordance with Article 37, it shall immediately take the necessary steps to ensure that the Commission adapts the regulatory acts concerned to the latest technological developments.
Amendment 316 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Once the relevant regulatory acts have been amended, any restriction in the CommissionEuropean Agency decision authorising the granting of an EU type-approval shall be lifted.
Amendment 317 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the CommissionEuropean Agency may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 332 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. The relevant approval authority shall inform the CommissionEuropean Agency and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.
Amendment 333 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the CommissionEuropean Agency and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
Amendment 336 #
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the Commission, the European Agency and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non-conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
Amendment 339 #
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the CommissionEuropean Agency in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the CommissionEuropean Agency in accordance with Article 51.
Amendment 343 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the CommissionEuropean Agency in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 362 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The approval authority or market surveillance authority or the CommissionEuropean Agency shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
Amendment 366 #
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
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 CommissionEuropean Agency establishes a non- compliance in accordance with Article 9(5), the CommissionEuropean Agency 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).
Amendment 369 #
Proposal for a regulation
Article 54 – paragraph 9
Article 54 – paragraph 9
9. Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State, by the European Agency or by the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 371 #
Proposal for a regulation
Article 55 – paragraph 2 – subparagraph 1
Article 55 – paragraph 2 – subparagraph 1
The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to lay down the requirements that the parts and equipment referred to in paragraph 1 have to comply with.
Amendment 373 #
Proposal for a regulation
Article 55 – paragraph 3 – introductory part
Article 55 – paragraph 3 – introductory part
3. The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex XIII to take account of technical and regulatory developments by updating the list of parts or equipment on the basis of information regarding:
Amendment 375 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 4
Article 56 – paragraph 2 – subparagraph 4
The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend Annex XI to take account of technical and regulatory developments by updating the template and the numbering system for the authorisation certificate.
Amendment 379 #
Proposal for a regulation
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the CommissionEuropean Agency without delay.
Amendment 381 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Where an approval authority or the CommissionEuropean Agency 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 CommissionEuropean Agency without delay.
Amendment 385 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 1
Article 58 – paragraph 3 – subparagraph 1
The CommissionEuropean Agency 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 granted 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).
Amendment 388 #
Proposal for a regulation
Article 58 – paragraph 3 – subparagraph 2
Article 58 – paragraph 3 – subparagraph 2
The CommissionEuropean Agency shall address its decision to the Member States concerned and shall immediately communicate it to the relevant economic operators.
Amendment 390 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The Member States shall implement without delay the CommissionEuropean Agency decision and inform the CommissionEuropean Agency accordingly.
Amendment 392 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where, within one month of receipt of the notification regarding the approved remedies referred to in Article 57(3), no objection has been raised against those remedies by either another Member State or the CommissionEuropean Agency, those remedies shall be deemed justified. The other Member States shall ensure that those remedies are applied in respect of the vehicles, systems, components or separate technical units concerned that have been made available on the market, registered, or entered into service in their territory.
Amendment 398 #
Proposal for a regulation
Article 65 – paragraph 10
Article 65 – paragraph 10
10. The Commission shall, on the recommendation of the European Agency, be empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3.
Amendment 403 #
Proposal for a regulation
Article 71 – paragraph 1 – subparagraph 1 a (new)
Article 71 – paragraph 1 – subparagraph 1 a (new)
Its activity may be suspended, temporarily or otherwise, by the European Agency in the event of serious failure to fulfil its responsibilities.
Amendment 405 #
Proposal for a regulation
Article 71 – paragraph 7
Article 71 – paragraph 7
7. Member States shall provide the CommissionEuropean Agency and the other Member States with information on their procedures for the assessment, designation and notification of technical services and for the monitoring of technical services, and of any changes thereto.
Amendment 408 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 1
Article 71 – paragraph 8 – subparagraph 1
The type-approval authority shall be peer- reviewed by two type-approval authorities of other Member Stateshe European Agency every two years.
Amendment 413 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 2
Article 71 – paragraph 8 – subparagraph 2
The Member StatesEuropean Agency shall draw up theits annual review plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commissionhall forward it to the Member States.
Amendment 418 #
Proposal for a regulation
Article 71 – paragraph 8 – subparagraph 3
Article 71 – paragraph 8 – subparagraph 3
The peer-review by the European Agency shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis.
Amendment 423 #
Proposal for a regulation
Article 71 – paragraph 9
Article 71 – paragraph 9
9. The outcome of the peer-review by the European Agency shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the CommissionEuropean Agency and issue recommendations.
Amendment 426 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the CommissionEuropean Agency and the other Member States on how it has addressed the recommendations in the peer-European Agency’s review report.
Amendment 428 #
Proposal for a regulation
Article 71 – paragraph 10
Article 71 – paragraph 10
10. The Member States shall provide information to the CommissionEuropean Agency and the other Member States on how it has addressed the recommendations in the peer-review report.
Amendment 440 #
Proposal for a regulation
Article 76 – paragraph 4
Article 76 – paragraph 4
4. The Commission shall, on the recommendation of the European Agency, be 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.
Amendment 442 #
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Article 77 – paragraph 1 – subparagraph 2
Amendment 446 #
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. The joint assessment team shall raise findings regarding non-compliance of the applicant technical service with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V during the assessment process. These findings shall be discussed between the designating approval authority and the joint assessment teamEuropean Agency with a view to finding common agreement with respect to the assessment of the application.
Amendment 452 #
Proposal for a regulation
Article 77 – paragraph 5
Article 77 – paragraph 5
5. The Member States shall notify to the CommissionEuropean Agency the names of the representatives of the type-approval authority to call upon for each joint assessment.
Amendment 454 #
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1
Article 77 – paragraph 7 – subparagraph 1
The type-approval authority shall notify the assessment report to the CommissionEuropean Agency 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.
Amendment 457 #
Proposal for a regulation
Article 77 – paragraph 8
Article 77 – paragraph 8
8. The type-approval authorities of the other Member States and the CommissionEuropean Agency may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence..
Amendment 459 #
Proposal for a regulation
Article 77 – paragraph 10
Article 77 – paragraph 10
10. The type-approval authorities of the other Member States or the CommissionEuropean Agency may individually or jointly 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 CommissionEuropean Agency, it shall give the reasons therefor within two weeks after taking its decision.
Amendment 461 #
Proposal for a regulation
Article 78 – title
Article 78 – title
Notification to the CommissionEuropean Agency concerning technical services
Amendment 463 #
Proposal for a regulation
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
Member States shall notify to the CommissionEuropean Agency the name, the address, including the electronic address, the responsible persons and the category of activities of every technical service that they have designated. The notification shall clearly specify the scope of the designation, the conformity assessment activities and procedures, the type of products and the subjects listed in Annex IV for which the technical services have been designated, and subsequent modifications to any of those details.
Amendment 464 #
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 1
Article 78 – paragraph 2 – subparagraph 1
Within 28 days of a notification, a Member State or the CommissionEuropean Agency may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the type-approval authority. When a Member State or the CommissionEuropean Agency raises objections, the effect of the notification shall be suspended. In this case, the CommissionEuropean Agency shall consult the parties involved and shall decide by means of an implementing act whether the suspension of the notification can be lifted or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 466 #
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 2
Article 78 – paragraph 2 – subparagraph 2
Where no objection is raised or where the CommissionEuropean Agency is of the opinion that the notification may be accepted fully or partially, the CommissionEuropean Agency shall publish the notification in accordance with paragraph 5.
Amendment 467 #
Proposal for a regulation
Article 78 – paragraph 5
Article 78 – paragraph 5
5. The CommissionEuropean Agency shall publish on its website an updated list and details of the technical services and the specific organisations and competent bodies that have been notified to it in accordance with this Article.
Amendment 469 #
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 2
Article 79 – paragraph 1 – subparagraph 2
The type-approval authority shall immediately inform the CommissionEuropean Agency and the other Member States of any suspension, restriction or withdrawal of a notification.
Amendment 471 #
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 3
Article 79 – paragraph 1 – subparagraph 3
The CommissionEuropean Agency shall update the information published referred to in Article 78(4) accordingly.
Amendment 473 #
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 1
Article 79 – paragraph 3 – subparagraph 1
The type-approval authority shall inform the other type-approval authorities and the CommissionEuropean Agency when non-compliance of the technical service has an impact on type- approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification.
Amendment 475 #
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 2
Article 79 – paragraph 3 – subparagraph 2
Within two months after having notified the changes to the notification, the type- approval authority shall submit a report on its findings regarding the non-compliance to the CommissionEuropean Agency and the other type- approval authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating type-approval authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued.
Amendment 482 #
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 2
Article 79 – paragraph 4 – subparagraph 2
The type-approval authority assuming the functions of the technical service shall immediately inform the other type- approval authorities, the other technical services and the CommissionEuropean Agency thereof.
Amendment 484 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. Technical services shall respond without delay to requests by a type- approval authority or by the CommissionEuropean Agency in relation to the conformity assessments they have carried out.
Amendment 486 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 2
Article 80 – paragraph 3 – subparagraph 2
When the type-approval authority of the Member State in which the technical service is established invokes a legitimate reason, it shall inform the CommissionEuropean Agency thereof.
Amendment 487 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 3
Article 80 – paragraph 3 – subparagraph 3
The CommissionEuropean Agency shall consult without delay the Member States. On the basis of that evaluation, the CommissionEuropean Agency shall decide , by means of an implementing act whether the legitimate reason is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 490 #
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 4
Article 80 – paragraph 3 – subparagraph 4
The technical service or the type-approval authority may request that any information transmitted to the authorities of another Member State or to the CommissionEuropean Agency shall be treated confidentially.
Amendment 493 #
Proposal for a regulation
Article 80 – paragraph 4 – subparagraph 2
Article 80 – paragraph 4 – subparagraph 2
Within two months after finalising this assessment of the technical service, the Member States shall report to the CommissionEuropean Agency and to the other Member States on those monitoring activities. The reports shall contain a summary of the assessment which shall be made publicly available.
Amendment 497 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
Article 81 – paragraph 1 – subparagraph 1
The CommissionEuropean Agency 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.
Amendment 499 #
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 2
Article 81 – paragraph 1 – subparagraph 2
The CommissionEuropean Agency 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,.
Amendment 501 #
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. The CommissionEuropean Agency 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 CommissionEuropean Agency, 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.
Amendment 504 #
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
3. The CommissionEuropean Agency shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.
Amendment 506 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 1
Article 81 – paragraph 4 – subparagraph 1
Where the CommissionEuropean Agency 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 of the type-approval authority thereof.
Amendment 508 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 2
Article 81 – paragraph 4 – subparagraph 2
The CommissionEuropean Agency shall request that Member State to take restrictive measures, including the suspension, restriction or withdrawal of the designation, where necessary.
Amendment 509 #
Proposal for a regulation
Article 81 – paragraph 4 – subparagraph 3
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,European Agency may 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 Commissione European Agency shall notify the Member State concerned of its decision and shall update the information published referred to in Article 78(4) accordingly.
Amendment 511 #
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Type-approval authorities shall consult each other and the CommissionEuropean Agency on questions with general relevance with regard to the implementation of the requirements set out in this Regulation in relation with the assessment, designation and monitoring of technical services.
Amendment 512 #
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
2. Type-approval authorities shall communicate to each other and the CommissionEuropean Agency not later than two years after the entry into force of this Regulation the model for assessment check-list used in accordance with Article 77(1) and thereafter the adaptations made to this check-list until the CommissionEuropean Agency has adopted a harmonised assessment check- list. The Commission shall be empowered to adopt implementing acts to establish the template of the assessment check-list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 513 #
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
3. When the assessment reports referred to in Article 77(3) indicate discrepancies in the general practice of type-approval authorities, Member States or the CommissionEuropean Agency may request an exchange of information.
Amendment 517 #
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 76(4) and Article 90(276(4) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 519 #
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 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(276(4) 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 the power specified in that decision. It shall take effect on the day following publication 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 521 #
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 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(276(4) 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 525 #
Proposal for a regulation
Article 89 – paragraph 4
Article 89 – paragraph 4
4. Member States shall notify the provisions implementing paragraphs 1 to 3 to the CommissionEuropean Agency by dd/mm/yyyy [PO: please insert the date 12 months after entry into force of this Regulation.] and shall notify the CommissionEuropean Agency without delay of any subsequent amendment affecting those provisions.
Amendment 526 #
Proposal for a regulation
Article 89 – paragraph 5
Article 89 – paragraph 5
5. Member States shall report to the CommissionEuropean Agency every year on the penalties they have imposed.
Amendment 529 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1
Article 90 – paragraph 1 – subparagraph 1
Where the compliance verification by the CommissionEuropean Agency referred to in Article 9(1) and (4), or Article 54(1) reveals non- compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the CommissionEuropean Agency may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Amendment 531 #
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the CommissionEuropean Agency shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 533 #
Proposal for a regulation
Article 90 – paragraph 2
Article 90 – paragraph 2
Amendment 540 #
Proposal for a regulation
Article 97 – paragraph 2
Article 97 – paragraph 2
2. On the basis of the information supplied under paragraph 1, the CommissionEuropean Agency 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].