Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
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Opinion | ENVI | VĂLEAN Adina-Ioana (EPP) | |
Lead | IMCO | MIZZI Marlene (S&D) | THUN UND HOHENSTEIN Róża Gräfin von (EPP), SELIMOVIC Jasenko (ALDE) |
Opinion | TRAN |
Legal Basis TFEU 114
Activites
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2018/11/13
Indicative plenary sitting date, 1st reading/single reading
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2018/07/02
Committee referral announced in Parliament, 1st reading/single reading
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2018/06/04
Legislative proposal published
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COM(2018)0397
summary
PURPOSE: to complement EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: on 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, ('the withdrawal date'). The United Kingdom will then become a third country. Subject to any transitional arrangement that may be contained in a possible withdrawal agreement, the EU legislative framework governing type approval for a number of products will no longer apply to the United Kingdom. This also means that the United Kingdom type-approval authority will cease to be an EU type-approval authority. Manufacturers who obtained approvals in the United Kingdom in the past will thus need to obtain new approvals from EU-27 type approval authorities, including for products already in production, in order to ensure continued compliance with EU legislation and retain access to the Union market. While the legal framework for these products sets procedural requirements harmonising the way in which type-approvals are granted across the EU, some safeguards make it difficult for relevant manufacturers to take the necessary measures to ensure regulatory compliance and business continuity after the EU acquis ceases to apply to the United Kingdom. For example: the EU type-approval system allows manufacturers to choose freely the type-approval authority to which they submit their type-approval applications. However, it does not allow for the change of the authority once an approval has been granted, and it is not possible for one authority to amend the approval issued by another authority; the type-approval legislation requires that a type-approval authority may only accept test reports from technical services which the Member State to whom it belongs; it is a fundamental principle of the type approval system that a product may only be approved against the requirements applicable to new types (as opposed to new vehicles) at the time when the approval is granted; once the United Kingdom type-approval authority has ceased to be an EU type-approval authority, it can no longer ensure the conformity of production and in service conformity of products already in circulation; responsible type-approval authority is also needed for the recall of a product that is not in conformity with safety or environmental requirements. These issues create significant legal uncertainty for manufacturers with United Kingdom type-approvals. Manufacturers should be able to continue the production of vehicles, systems, components and separate technical units previously based on approvals granted by the United Kingdom and to continue placing these products on the Union market. It is therefore necessary to allow manufacturers to obtain new approvals issued by the authorities of Member States of the Union other than the United Kingdom. CONTENT: the proposed Regulation complements Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 and Regulation (EU) 2016/1628 by establishing special provisions for the EU type-approval and the placing on the market of vehicles, systems, components and separate technical units which have been type-approved by the approval authority of the United Kingdom before the day Union law ceases to apply to and in the United Kingdom. The present proposal aims to address them by modifying temporarily and in a very targeted manner the existing rules to allow concerned manufacturers to obtain new EU-27 approvals that replace their existing UK type-approved products. Specifically, the proposal: explicitly allows concerned manufacturers to apply to an EU-27 type-approval authority for new approvals for existing types; allows that tests underpinning the UK type approvals do not have to be repeated because the technical service was not designated and notified by the EU-27 type approval authority before; provides that such approvals may be granted if the requirements for new vehicles, systems, components and separate technical units are met rather than those for new types; proposes to help identify new type-approval authorities for those products already on the market prior to the withdrawal, to avoid that no authority would be in charge of carrying out in-service conformity checks or issuing a possible future recall. The provisions proposed in the proposal will not lower the requirements regarding the safety or environmental performance of the vehicles, systems, components or separate technical units. It will not grant any advantages to manufacturers with UK type-approvals, compared to manufacturers with EU-27 type-approvals. On the contrary, the initiative will simply allow manufacturers to continue producing their products in compliance with applicable legal requirements without interrupting their existing production.
- DG {'url': 'http://ec.europa.eu/info/departments/internal-market-industry-entrepreneurship-and-smes_en', 'title': 'Internal Market, Industry, Entrepreneurship and SMEs'}, BIEŃKOWSKA Elżbieta
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COM(2018)0397
summary
Documents
- Legislative proposal published: COM(2018)0397
Amendments | Dossier |
7 |
2018/0220(COD)
2018/07/05
ENVI
7 amendments...
Amendment 1 #
Proposal for a regulation Recital 6 (6) This Regulation should also ensure that manufacturers continue to have the
Amendment 2 #
Proposal for a regulation Recital 8 (8) In order to enable the continued production and placing on the Union market of the vehicles, systems, components and separate technical units already type-approved in the United Kingdom before its withdrawal from the Union, the requirements with which such types are to comply in order to be approved by the authority of a Member State of the Union other than the United Kingdom after the withdrawal of the latter from the Union should be those applicable to the placing on the market of new vehicles, systems, components and separate technical units and not those applicable to new types.
Amendment 3 #
Proposal for a regulation Recital 12 (12) It should be possible for type- approvals granted on the basis of this Regulation to be based on test reports already presented for the purposes of obtaining the approvals in the United Kingdom, where the requirements being the basis of such test reports have not changed and remain strictly identical to the ones used by the technical service designated by the authority granting the type-approval. In order to allow for such continued use of test reports issued by the technical service notified by the United Kingdom, this Regulation should provide for an exemption from the requirement that such technical service must be designated by the authority granting the type-approval and notified to the Commission. In order to also cover the time when Union law has ceased to apply to and in the United Kingdom, this Regulation should also provide for an exemption from the specific requirements concerning the designation and notification of technical services of third countries.
Amendment 4 #
Proposal for a regulation Article 4 – paragraph 1 1. By way of derogation from Article 6(6) of Directive 2007/46/EC, Article 21(2) of Regulation (EU) No 167/2013, Article 26(2) of Regulation (EU) No 168/2013 and Article 20(1) of Regulation (EU) 2016/1628, a manufacturer holding a UK type-approval that has not become invalid pursuant to Article 17 of Directive 2007/46/EC, Article 32 of Regulation (EU) No 167/2013, Article 37 of Regulation (EU) No 168/2013 or Article 30 of Regulation (EU) 2016/1628
Amendment 5 #
Proposal for a regulation Article 5 – paragraph 2 2. Insofar as no new requirements are applicable and remain strictly identical to the ones used by the technical service designated by the authority granting the type-approval, and without prejudice to paragraph 3, the Union type-approval may be granted on the basis of the same test reports which had previously been used for the granting of the UK type-approval in accordance with the applicable provisions, regardless of whether the technical service that issued the test report has been designated and notified by the Member State of the Union type-approval in accordance with Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation
Amendment 6 #
Proposal for a regulation Article 5 – paragraph 5 5. The Union type-approval shall take effect on the day of its granting or on a later date determined therein. The UK type-approval becomes invalid
Amendment 7 #
Proposal for a regulation Article 6 – paragraph 1 – subparagraph 2 Such request shall be made for all vehicles, systems, components and separate technical units based on UK type-approvals held by the manufacturer that were granted after 1 January 2008
source: 625.366
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