(1)

Pursuant to Article 8(15) of Regulation (EU) 2018/858, the Commission is empowered to lay down common criteria for establishing the adequate scale of the compliance verification checks of vehicles, systems, components and separate technical units to be carried out by the market surveillance authorities under Article 8(1) of that Regulation. The Commission is also empowered to lay down common criteria for the format of the overview of planned market surveillance checks that the Member States are to provide to the Forum for Exchange of Information on Enforcement (‘the Forum’) under Article 8(6) of Regulation (EU) 2018/858. In addition, the Commission is empowered to lay down common criteria for the format of the report on the findings of compliance verification checks that the Member States are to submit to the Forum under Article 8(7) of that Regulation.

(2)

In order to ensure a robust compliance enforcement mechanism and to provide market surveillance authorities with uniform requirements for the selection of vehicles, systems, components and separate technical units for tests, the criteria for establishing the adequate scale of compliance verification checks should be set out. Since compliance verification checks cannot be applied in the same way due to differences in each Member State regarding the number of vehicles, registered vehicles or the number of complaints, it is important that those criteria cover different elements that can be used in accordance with the specificities of a given Member State. Those criteria should include for each Member State the frequency of documentary checks, the number of vehicles registered and the number of tests performed.

(3)

In order to facilitate the annual planning of market surveillance checks by Member States and to ensure that their findings following any compliance verification checks are reported in a uniform way, it is necessary to lay down common criteria for the format to be used by the Member States when submitting to the Forum the comprehensive overview of their planned market surveillance checks referred to in Article 8(6) of Regulation (EU) 2018/858 and the report on the findings of their compliance verification checks referred to in Article 8(7) of that Regulation. The format of the overview of planned market surveillance checks should include information on the vehicles, systems, components and separate technical units tested, the relevant regulatory acts checked and the planning of the tests. The format of the report on the findings on compliance verification checks should include information on the risk assessment principles put in place and analyses of the activities carried out.

(4)

Pursuant to Article 9(5) of Regulation (EU) 2018/858, it is necessary to specify the data that the manufacturers are to make available to the Commission free of charge for the purpose of compliance verification.

(5)

Pursuant to the second subparagraph of Article 13(10) of Regulation (EU) 2018/858, it is necessary to specify the data that manufacturers are to make available to third parties free of charge under the first subparagraph of that paragraph for the purpose of testing by such third parties for possible non-compliance.

(6)

Pursuant to the second subparagraph of Article 13(10) of Regulation (EU) 2018/858, it is necessary to specify the requirements to be met by third parties to demonstrate their legitimate interest in the fields of public safety or environmental protection and their recourse to adequate testing facilities and to guarantee that their organisation and operation is fully impartial and independent.

(7)

In order to ensure that third parties are capable of carrying out compliance verifications in line with the requirements set out in the regulatory acts listed in Annex II to Regulation (EU) 2018/858, their test reports should comply with the format laid down in Commission Implementing Regulation (EU) 2020/683 (2) and fulfil requirements with regard to the competence and the quality of the testing facilities.

(8)

The measures to be taken under the provisions of Articles 8(15), 9(5) and 13(10) of Regulation (EU) 2018/858 concern the compliance verification of vehicles, systems, components and separate technical units. Those measures are substantively linked by their subject matter and the context in which they are to apply. It is therefore appropriate to adopt this Regulation on the basis of all three provisions in order to achieve consistent compliance verification.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles (TCMV),

(a)

the frequency of documentary checks on vehicles, systems, components and separate technical units carried out on vehicles registered in the relevant Member State in the preceding year;

(b)

the number of tests per year taking into account the requirements set out in Article 8(2) and (3) of Regulation (EU) 2018/858;

(c)

a hazard ranking of the regulatory acts listed in Annex II to Regulation (EU) 2018/858, based on the risk and the likelihood of the hazard occurring;

(d)

the number of new vehicles registered in the relevant Member State in the preceding year, by make and commercial name;

(e)

the substantiated complaints per make and commercial name of vehicles in the previous three years;

(f)

information exchanged in the Forum in the previous three years;

(g)

testing results published by third parties in the previous three years, that meet the requirements laid down in Article 6;

(h)

the percentage of tests allocated to the number of vehicles registered and the percentage of tests allocated to random sampling.

(a)

the parameters and settings that are necessary to accurately replicate the test conditions that applied at the time of the type-approval testing, including all test reports referred to in Article 30 of Regulation (EU) 2018/858 and the information relevant to perform the tests and checks required pursuant to that Regulation (EU) 2018/858 and the regulatory acts listed in Annex II to that Regulation;

(b)

extended documentation packages required under the regulatory acts listed in Annex II to Regulation (EU) 2018/858, including information on auxiliary emission strategies (AES) in accordance with Commission Regulation (EU) 2017/1151, Annex I, Appendix 3a (3);

(c)

the package on testing transparency required for testing vehicles for emissions described in Regulation (EU) 2017/1151, Annex II, point 5.9;

(d)

a copy of the certificate of conformity of each vehicle to be tested;

(e)

all other relevant technical information needed to perform tests.

(a)

the parameters and settings that are necessary to accurately replicate the test conditions that applied at the time of the type-approval testing, including all test reports referred to in Article 30 of Regulation (EU) 2018/858 and the information relevant to perform the tests and checks required pursuant to that Regulation (EU) 2018/858 and the regulatory acts listed in Annex II to that Regulation;

(b)

extended documentation packages required under the regulatory acts listed in Annex II to Regulation (EU) 2018/858, including information on AES in accordance with Regulation (EU) 2017/1151, Annex I, Appendix 3a and Commission Regulation (EU) No 582/2011, Annex I, Appendix 11 (4);

(c)

the package on testing transparency required for testing vehicles for emissions described in Regulation (EU) 2017/1151, Annex II, point 5.9;

(d)

a copy of the certificate of conformity of each vehicle to be tested;

(e)

all other relevant technical information needed to perform tests.