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Document 52017AP0097
Amendments adopted by the European Parliament on 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (COM(2016)0031 — C8-0015/2016 — 2016/0014(COD))
Amendments adopted by the European Parliament on 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (COM(2016)0031 — C8-0015/2016 — 2016/0014(COD))
Amendments adopted by the European Parliament on 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (COM(2016)0031 — C8-0015/2016 — 2016/0014(COD))
OJ C 298, 23.8.2018, p. 156–279
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.8.2018 |
EN |
Official Journal of the European Union |
C 298/156 |
P8_TA(2017)0097
Approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ***I
Amendments adopted by the European Parliament on 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (COM(2016)0031 — C8-0015/2016 — 2016/0014(COD)) (1)
(Ordinary legislative procedure: first reading)
(2018/C 298/22)
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission |
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Amendment 2
Proposal for a regulation
Recital 4
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Amendment 3
Proposal for a regulation
Recital 5
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Amendment 4
Proposal for a regulation
Recital 5 a (new)
Text proposed by the Commission |
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Amendment 5
Proposal for a regulation
Recital 5 b (new)
Text proposed by the Commission |
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Amendment 6
Proposal for a regulation
Recital 5 c (new)
Text proposed by the Commission |
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Amendment 7
Proposal for a regulation
Recital 5 d (new)
Text proposed by the Commission |
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Amendment 8
Proposal for a regulation
Recital 6
Text proposed by the Commission |
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Amendment 9
Proposal for a regulation
Recital 7
Text proposed by the Commission |
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Amendment 10
Proposal for a regulation
Recital 7 a (new)
Text proposed by the Commission |
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Amendment 11
Proposal for a regulation
Recital 7 b (new)
Text proposed by the Commission |
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Amendment 12
Proposal for a regulation
Recital 8 a (new)
Text proposed by the Commission |
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Amendment 13
Proposal for a regulation
Recital 9
Text proposed by the Commission |
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Amendment 14
Proposal for a regulation
Recital 10
Text proposed by the Commission |
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Amendment 15
Proposal for a regulation
Recital 12
Text proposed by the Commission |
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Amendment 16
Proposal for a regulation
Recital 12 a (new)
Text proposed by the Commission |
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Amendment 17
Proposal for a regulation
Recital 13
Text proposed by the Commission |
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Amendment 18
Proposal for a regulation
Recital 14
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 19
Proposal for a regulation
Recital 14 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 21
Proposal for a regulation
Recital 17 a (new)
Text proposed by the Commission |
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Amendment 22
Proposal for a regulation
Recital 18
Text proposed by the Commission |
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Amendment 23
Proposal for a regulation
Recital 19 a (new)
Text proposed by the Commission |
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Amendment 24
Proposal for a regulation
Recital 19 b (new)
Text proposed by the Commission |
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Amendment 25
Proposal for a regulation
Recital 21
Text proposed by the Commission |
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Amendment 26
Proposal for a regulation
Recital 21 a (new)
Text proposed by the Commission |
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Amendment 27
Proposal for a regulation
Recital 22
Text proposed by the Commission |
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Amendment 28
Proposal for a regulation
Recital 23 a (new)
Text proposed by the Commission |
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Amendment 29
Proposal for a regulation
Recital 24
Text proposed by the Commission |
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Amendment 30
Proposal for a regulation
Recital 24 a (new)
Text proposed by the Commission |
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Amendment 31
Proposal for a regulation
Recital 25 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Recital 25 b (new)
Text proposed by the Commission |
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Amendment 33
Proposal for a regulation
Recital 25 c (new)
Text proposed by the Commission |
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Amendment 347
Proposal for a regulation
Recital 25 d (new)
Text proposed by the Commission |
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Amendment 34
Proposal for a regulation
Recital 26
Text proposed by the Commission |
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Amendment 35
Proposal for a regulation
Recital 26 a (new)
Text proposed by the Commission |
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Amendment 36
Proposal for a regulation
Recital 27
Text proposed by the Commission |
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Amendment 37
Proposal for a regulation
Recital 29
Text proposed by the Commission |
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Amendment 38
Proposal for a regulation
Recital 30
Text proposed by the Commission |
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Amendment 39
Proposal for a regulation
Recital 31
Text proposed by the Commission |
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Amendment 40
Proposal for a regulation
Recital 33
Text proposed by the Commission |
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Amendment 41
Proposal for a regulation
Recital 35 a (new)
Text proposed by the Commission |
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Amendment 42
Proposal for a regulation
Recital 36 a (new)
Text proposed by the Commission |
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Amendment 43
Proposal for a regulation
Recital 37 a (new)
Text proposed by the Commission |
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Amendment 44
Proposal for a regulation
Recital 37 b (new)
Text proposed by the Commission |
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Amendment 45
Proposal for a regulation
Recital 40
Text proposed by the Commission |
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Amendment 46
Proposal for a regulation
Recital 40 a
Text proposed by the Commission |
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Amendment 47
Proposal for a regulation
Recital 40 b (new)
Text proposed by the Commission |
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Amendment 48
Proposal for a regulation
Recital 40 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 49
Proposal for a regulation
Recital 45 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 50
Proposal for a regulation
Article 2 — paragraph 3 — introductory part
Text proposed by the Commission |
Amendment |
3. For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the substantive requirements of this Regulation: |
3. For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the requirements of this Regulation: |
Amendment 51
Proposal for a regulation
Article 2 — paragraph 3 — point b
Text proposed by the Commission |
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Amendment 52
Proposal for a regulation
Article 3 — introductory part
Text proposed by the Commission |
Amendment |
For the purposes of this Regulation, the following definitions shall apply: |
For the purposes of this Regulation and the regulatory acts of the Union listed in Annex IV, save as otherwise provided therein , the following definitions apply: |
Amendment 53
Proposal for a regulation
Article 3 — paragraph 1 — point 2
Text proposed by the Commission |
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Amendment 54
Proposal for a regulation
Article 3 — paragraph 1 — point 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 55
Proposal for a regulation
Article 3 — paragraph 1 — point 9
Text proposed by the Commission |
Amendment |
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Amendment 56
Proposal for a regulation
Article 3 — paragraph 1 — point 16
Text proposed by the Commission |
Amendment |
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Amendment 57
Proposal for a regulation
Article 3 — paragraph 1 — point 35
Text proposed by the Commission |
Amendment |
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Amendment 58
Proposal for a regulation
Article 3 — paragraph 1 — point 37
Text proposed by the Commission |
Amendment |
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Amendment 59
Proposal for a regulation
Article 3 — paragraph 1 — point 42
Text proposed by the Commission |
Amendment |
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Amendment 60
Proposal for a regulation
Article 3 — paragraph 1 — point 46
Text proposed by the Commission |
Amendment |
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Amendment 61
Proposal for a regulation
Article 3 — paragraph 1 — point 55
Text proposed by the Commission |
Amendment |
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Amendment 62
Proposal for a regulation
Article 3 — paragraph 1 — point 56 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 63
Proposal for a regulation
Article 4 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the categorisation of vehicle sub-categories, types of vehicle and types of bodywork in order to adapt it to technical progress. |
The Commission is empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the types of vehicle and types of bodywork in order to adapt it to technical progress. |
Amendment 64
Proposal for a regulation
Article 6 — paragraph 1 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Member States shall ensure that type-approval authorities and market surveillance authorities adhere to a strict separation of roles and responsibilities and function independently from each other. |
Amendment 65
Proposal for a regulation
Article 6 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Where more than one approval authority is responsible for vehicle type-approval including individual vehicle type-approval in a Member State, that Member State shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the fulfilment of the obligations laid down in Chapter XV of this Regulation. |
Amendment 66
Proposal for a regulation
Article 6 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008. |
4. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008 with the exception of Article 18(5) thereof . |
Amendment 67
Proposal for a regulation
Article 6 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. |
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators on their territory and take the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. |
Amendment 68
Proposal for a regulation
Article 6 — paragraph 6
Text proposed by the Commission |
Amendment |
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 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. |
6. The Member States shall periodically review and assess the functioning of their type-approval activities , including the conformity of the type-approvals issued with this Regulation . Such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other Member States , the European Parliament and the Commission. The results shall be discussed by the Forum established under Article 10. The Member State concerned shall make a full report of the results accessible to the public, which shall include in particular the number of type-approvals granted or rejected, the subject of the type-approval certificate, and the identity of the corresponding manufacturers and technical services responsible for overseeing the type approval tests . |
Amendment 69
Proposal for a regulation
Article 6 — paragraph 7
Text proposed by the Commission |
Amendment |
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 Commission. The Member State concerned shall make a summary of the results accessible to the public . |
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 three years and the results thereof shall be communicated to the other Member States , to the European Parliament and to the Commission. The results shall be discussed by the Forum established under Article 10. The Member State concerned shall make a summary of the results publically available, which shall include in particular the number of vehicles, systems, components or separate technical units subject to testing or other assessment. The summary shall include a list of those vehicles, systems, components or separate technical units that are found not to be in compliance with the requirements of this Regulation, if any, the identity of the corresponding manufacturers, and a short description of the nature of the non-compliance . |
Amendment 70
Proposal for a regulation
Article 6 — paragraph 7 a (new)
Text proposed by the Commission |
Amendment |
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7a. The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by laying down the common criteria to appoint, review and assess the approval authorities and the market surveillance authorities at national level. |
Amendment 71
Proposal for a regulation
Article 7 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Approval authorities shall implement and enforce the requirements of this Regulation in a uniform and consistent manner to ensure a level playing field and to avoid application of divergent standards across the Union. They shall fully cooperate with the Forum and the Commission in its audit and oversight activities as regards the application of this Regulation and provide all the necessary information upon request. |
Amendment 72
Proposal for a regulation
Article 7 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union. |
2. Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets of economic operators , subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union in accordance with applicable law . |
Amendment 73
Proposal for a regulation
Article 7 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
A Member State where more than one approval authority is responsible for vehicle approval including individual vehicle approval, shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the obligations laid down in Chapter XV of this Regulation. |
deleted |
Amendment 74
Proposal for a regulation
Article 7 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
Approval authorities within a Member State shall cooperate with each other by sharing information relevant to their role and functions. |
Approval authorities within a Member State shall put in place procedures to ensure efficient and effective coordination, as well as efficient and effective information sharing relevant to their role and functions. |
Amendment 75
Proposal for a regulation
Article 7 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Where an approval authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification. |
Amendment 76
Proposal for a regulation
Article 7 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The Commission may adopt implementing acts to 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). |
deleted |
Amendment 77
Proposal for a regulation
Article 8 — paragraph 1
Text proposed by the Commission |
Amendment |
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. |
1. Market surveillance authorities shall perform regular tests and inspections in accordance with national annual programmes approved in accordance with paragraphs 2 and 3 to verify that vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation. Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks . Member States shall carry out tests or inspections on an annual basis on a number of types which shall total at least 20 % of the number of types placed on the market in that Member State in the previous year . When doing so, market surveillance authorities shall take account of established principles of risk assessment, substantiated complaints and other relevant information , including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing . |
Amendment 78
Proposal for a regulation
Article 8 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Market surveillance authorities may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the market surveillance authority. Where technical services are used for the purposes of this Article, market surveillance authorities shall ensure that a different technical service is used from the technical service that performed the original type approval test. |
Amendment 79
Proposal for a regulation
Article 8 — paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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1b. Market surveillance authorities shall prepare and submit a national market surveillance programme for approval by the Commission on an annual or multi-annual basis. Member States may together submit joint programmes or actions. |
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The national market surveillance programmes shall include at least the following information: |
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Amendment 80
Proposal for a regulation
Article 8 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. |
2. Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. This shall include access to software, algorithms, engine control units and any other technical specifications that are deemed to be necessary by the market surveillance authorities. |
Amendment 81
Proposal for a regulation
Article 8 — paragraph 3
Text proposed by the Commission |
Amendment |
3. For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity presented by economic operators. |
3. For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity, type-approval marks or type-approval certificates presented by economic operators. |
Amendment 82
Proposal for a regulation
Article 8 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. |
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of non-compliance they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall be made available on the website of the market surveillance authority in plain and understandable language. |
Amendment 83
Proposal for a regulation
Article 8 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority. |
5. Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and the relevant approval authority. |
Amendment 84
Proposal for a regulation
Article 8 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. Where a market surveillance authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification. |
Amendment 85
Proposal for a regulation
Article 8 — paragraph 6
Text proposed by the Commission |
Amendment |
6. Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union. |
6. Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets of the economic operators , subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union. |
Amendment 86
Proposal for a regulation
Article 8 — paragraph 7
Text proposed by the Commission |
Amendment |
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 Commission. The Member State concerned shall make a summary of the results accessible to the public. |
deleted |
Amendment 87
Proposal for a regulation
Article 8 — paragraph 8
Text proposed by the Commission |
Amendment |
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 Commission the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation. |
deleted |
Amendment 88
Proposal for a regulation
Article 8 — paragraph 9
Text proposed by the Commission |
Amendment |
9. Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall cooperate with each other, by sharing information relevant to their role and functions. |
9. Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall put in place procedures to ensure efficient and effective coordination, as well as efficient and effective information sharing relevant to their role and functions. |
Amendment 89
Proposal for a regulation
Article 8 — paragraph 10
Text proposed by the Commission |
Amendment |
10. The Commission may adopt implementing acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
deleted |
Amendment 90
Proposal for a regulation
Article 8 — paragraph 10 a (new)
Text proposed by the Commission |
Amendment |
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10a. Market surveillance authorities shall make publically available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and the Commission. The Commission shall forward this report to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any. |
Amendment 91
Proposal for a regulation
Article 9 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission 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 . |
The Commission shall organise and carry out, or require to be carried out, on an adequate scale with due regard to agreed national programmes of market surveillance activities approved under Article 8 , 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. |
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The tests and inspections organised and carried out, or mandated by the Commission shall address the issue of in-service conformity of vehicles, systems, components and separated technical units. |
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Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks. |
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When doing so, the Commission shall take account of established principles of risk assessment, substantiated complaints and other relevant information, including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing. |
Amendment 92
Proposal for a regulation
Article 9 — paragraph 1 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Without prejudice to the first subparagraph, when the Commission, based on information provided by Member States, a request made by one member of the Forum for Enforcement or testing results published by recognised third parties, considers that a Member State is not properly fulfilling its type-approval or market surveillance obligations stemming from this Regulation, the Commission shall organise and carry out itself, or require to be carried out, tests and inspections of vehicles, systems, components and separate technical units already made available on the market. |
Amendment 93
Proposal for a regulation
Article 9 — paragraph 1 — subparagraph 1 b (new)
Text proposed by the Commission |
Amendment |
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The Commission may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the Commission. Where technical services are designated for the purposes of this Article, the Commission shall ensure that a different technical service is used from the technical service that performed the original type approval test. |
Amendment 94
Proposal for a regulation
Article 9 — paragraph 2
Text proposed by the Commission |
Amendment |
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 . |
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 that the Commission may, depending on the situation, require. |
Amendment 95
Proposal for a regulation
Article 9 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. The Member States shall give all necessary assistance and provide all documentation and other technical support that Commission experts require in order to enable them to carry out tests, checks and inspections. The Member States shall ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. |
Amendment 96
Proposal for a regulation
Article 9 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall make 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). |
For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall immediately make 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 97
Proposal for a regulation
Article 9 — paragraph 4
Text proposed by the Commission |
Amendment |
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 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). |
4. Vehicle manufacturers shall make available free of charge and without undue delay data which are needed for the purpose of compliance verification testing by recognised third parties. That data shall include all parameters and settings that are necessary to accurately replicate the test conditions that were applied at the time of the type-approval testing. All such data provided shall be treated with respect for the legitimate protection of business information. The Commission shall adopt implementing acts in order to define the data to be made available and the conditions for doing so, including those for the provision of access to such information via the online database referred to in Article 10a , subject to the protection of commercial secrets and the preservation of personal data pursuant to Union legal acts and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 98
Proposal for a regulation
Article 9 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. The Commission shall organise and carry out joint audits of the type approval authorities and national market surveillance authorities to verify that they implement, in a consistent manner, the requirements of this Regulation and carry out their duties in an independent and rigorous manner. Following consultation with the Forum, the Commission shall adopt an annual plan of joint audits, which shall take into account the results of prior reviews when determining frequency of assessment. In cases where the Commission has reason to consider that a type approval authority does not fulfil its obligations under this Regulation, the Commission may require joint audits to be carried out on an annual basis. |
Amendment 99
Proposal for a regulation
Article 9 — paragraph 4 b (new)
Text proposed by the Commission |
Amendment |
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4b. In order to perform this task, the Commission shall have recourse to independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. The auditors shall observe confidentiality in order to protect commercial secrets in accordance with the applicable law. The Member States shall give all necessary assistance and shall provide all the documentation and support that auditors request in order to enable them to carry out their duties. The Member States shall ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. Upon request, a Member State may be entitled to send an observer to a joint audit organised under this Article. Those observers shall not influence any decisions related to the outcome of the joint audit. |
Amendment 100
Proposal for a regulation
Article 9 — paragraph 4 c (new)
Text proposed by the Commission |
Amendment |
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4c. The outcome of the joint audit 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. |
Amendment 101
Proposal for a regulation
Article 9 — paragraph 4 d (new)
Text proposed by the Commission |
Amendment |
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4d. The Member State concerned shall provide information to the Commission and the other Member States on how it has addressed the recommendations arising from the joint audit referred to in paragraph 4c. |
Amendment 102
Proposal for a regulation
Article 9 — paragraph 4 e (new)
Text proposed by the Commission |
Amendment |
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4e. The Commission may request further information from Member States and their national type approval authorities and market surveillance authorities where they have reason to believe following examination within the Forum that there are cases of non-compliance with this Regulation. Member States and their respective authorities shall provide such information without undue delay. |
Amendment 103
Proposal for a regulation
Article 9 — paragraph 5 — subparagraph 2
Text proposed by the Commission |
Amendment |
Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement. |
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 Member States and the members of the Forum for Enforcement. |
Amendment 104
Proposal for a regulation
Article 9 — paragraph 5 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall take appropriate measures to alert users within the Union, including the relevant type approval authorities, within an adequate timeframe, to any non-compliance that it has identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall also be made available on the website of relevant market surveillance authorities in plain and understandable language. |
Amendment 105
Proposal for a regulation
Article 9 — paragraph 5 — subparagraph 3
Text proposed by the Commission |
Amendment |
The Commission shall publish a report of its findings following any compliance verification testing it has carried out. |
The Commission shall make publically available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any, and, where appropriate, recommend follow-up actions to Member States . |
Amendment 106
Proposal for a regulation
Article 10 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission shall establish and chair a Forum for Exchange of Information on Enforcement (‘the Forum’). |
1. The Commission shall establish, chair and manage a Forum for Enforcement (‘the Forum’). |
Amendment 107
Proposal for a regulation
Article 10 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
This Forum shall be composed of members appointed by the Member States. |
This Forum shall be composed of members appointed by the Member States, including their type-approval and market surveillance authorities . |
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Whenever appropriate, and at least once a year, the Forum shall also invite observers to its meetings. The invited observers shall include representatives of the European Parliament, technical services, recognised third party testing organisations, representatives of industry or other relevant economic operators, safety and environment NGOs and consumer groups . Observers invited to meetings of the Forum shall constitute a broad, representative and balanced range of Union and national bodies representing relevant stakeholders. |
Amendment 108
Proposal for a regulation
Article 10 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. The Commission shall publish on its website the calendar of meetings, the agenda and minutes, including a record of attendance. |
Amendment 109
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance. |
The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance in order to facilitate the implementation of this Regulation, in particular with regard to requirements regarding the assessment, designation and monitoring of designated bodies and the general application of the requirements laid down in this Regulation . |
Amendment 110
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
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Its advisory tasks shall comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections. |
Its tasks shall comprise: |
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Amendment 111
Proposal for a regulation
Article 10 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Where, following examination within the Forum, the Commission has reason to believe that there are cases of non-compliance with this Regulation, the Commission may request further information from Member States and their national type approval authorities and market surveillance authorities. Member States and their respective authorities shall provide such information without undue delay |
Amendment 112
Proposal for a regulation
Article 10 — paragraph 2 b (new)
Text proposed by the Commission |
Amendment |
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2b. The Commission shall make publically available a report on the activities of the Forum on an annual basis. This report shall include detailed explanation of the issues under its consideration, actions arising from those deliberations and the reasoning behind those actions, including in the event that no actions are foreseen. Each year the Commission shall present the report of the activities of the Forum to the European Parliament. |
Amendment 113
Proposal for a regulation
Article 10 — paragraph 2 c (new)
Text proposed by the Commission |
Amendment |
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2c. If the Commission demonstrates that a type approval authority concerned has breached any of the requirements of this Regulation following a joint audit, it shall immediately inform the Member States, the European Parliament and the Commission. The Commission may take all necessary measures to address non-compliance. In certain cases, and having due regard to the nature of the non-compliance, the Commission shall be empowered to suspend or withdraw the authority for the concerned approval authority to accept applications for EU type approval certificates under Article 21. |
Amendment 114
Proposal for a regulation
Article 10 — paragraph 2 c — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Within two months after having suspended or withdrawn such authority under paragraph 3, the Commission shall submit a report on its findings regarding the non-compliance to the Member States. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the Commission shall instruct the concerned approval authorities to suspend or withdraw, within a reasonable period of time, any certificates which were unduly issued. |
Amendment 115
Proposal for a regulation
Article 10 a (new)
Text proposed by the Commission |
Amendment |
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Article 10a |
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Online database |
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1. The Commission shall establish an online database for the secure electronic exchange of information related to type-approval procedures, authorisations issued, market surveillance and other relevant activities between national type approval authorities, market surveillance authorities, Member States and the Commission. |
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2. The Commission shall be responsible for coordination of access and receipt of regular updates with relevant authorities and data security and confidentiality relating to records maintained in the database. |
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3. Member States shall submit information required under Article 25 to the database. In addition, Member States shall supply details of the vehicle identification number of registered vehicles and the vehicle registration number allocated to a vehicle in accordance with Council Directive 1999/37/EC (1a) and shall provide the Commission with updates on a regular basis. This information shall be available in a searchable format. |
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4. The Commission shall establish an interface between the database and the EU Rapid Warning System (RAPEX) and the Information and Communication System on Market Surveillance (ICSMS), in order to facilitate market surveillance activities and ensure coordination, consistency and accuracy of the information provided to consumers and third parties. |
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5. The Commission shall also establish a publicly accessible interface which shall include the information contained in Annex IX and details of the approval authority issuing the type approval certificate under Article 24 and technical services who have performed tests required under Article 28. The Commission shall ensure that that information is presented in a searchable format. |
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The Commission shall also provide for access to information necessary for verification testing, in accordance with the implementing acts adopted under Article 9(4). |
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6. As part of the database, the Commission shall develop a tool to upload third party test results and complaints about the performance of vehicles, systems, components and other technical units. Information submitted via that tool shall be taken into account in relation to market surveillance activities provided for in Articles 8 and 9. |
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7. In order to test the suitability of using the IMI for the purpose of exchanging information on the basis of this Article, a pilot project shall be launched by … [3 months after the entry into force of this Regulation]. |
Amendment 116
Proposal for a regulation
Article 11 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that he has manufactured and that have been placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation. |
1. The manufacturer shall ensure that the vehicles, systems, components or separate technical units that are placed on the market or have entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation and that they continue to comply with those requirements regardless of the testing method used . |
Amendment 117
Proposal for a regulation
Article 11 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production regardless of testing method used. |
Amendment 118
Proposal for a regulation
Article 11 — paragraph 4
Text proposed by the Commission |
Amendment |
4. For the purposes of EU type-approval, a manufacturer established outside the Union shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval. |
4. For the purposes of EU type-approval, a manufacturer of vehicles, systems, components or separate technical units, established outside the Union, shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval. |
Amendment 119
Proposal for a regulation
Article 11 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. When applying for EU type approval, the manufacturer shall ensure that the design of the vehicles, systems, components or separate technical units does not incorporate strategies or other means that unnecessarily alter the performance exhibited during applicable test procedures when those vehicles, systems, components or separate technical units are operated under conditions that might reasonably be expected to be encountered in normal operation and use. |
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The manufacturer shall disclose any engine management strategies which might be deployed, either through hardware or software means. The manufacturer shall disclose all relevant information regarding such management strategies, including the software used, parameters of any such strategies and the technical justification as to why they are necessary. |
Amendment 120
Proposal for a regulation
Article 11 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production, whether or not he is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit. |
deleted |
Amendment 121
Proposal for a regulation
Article 11 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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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. |
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If the number of complaints and non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is lower, 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. |
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The information shall contain a description of the issue and details necessary to identify the affected type, variant and 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 market surveillance activities by Member States and the Commission. |
Amendment 122
Proposal for a regulation
Article 11 — paragraph 7 a (new)
Text proposed by the Commission |
Amendment |
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7a. The manufacturer shall ensure that the vehicle user, upon prior information, agrees to the processing and transmission of all data being generated while using the vehicle in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (1a) . Where the data-processing and forwarding is not mandatory for the safe functioning of the vehicle, the manufacturer shall ensure that the vehicle user has the option of disconnecting the data transfer and that he or she is able to do it easily. |
Amendment 123
Proposal for a regulation
Article 12 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
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. |
Where a manufacturer 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 of incorrect data, the manufacturer 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. |
Amendment 124
Proposal for a regulation
Article 12 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. |
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and risk and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. |
Amendment 125
Proposal for a regulation
Article 12 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
The manufacturer shall keep the information package referred to in Article 24(4) 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 for a system, component or separate technical unit. |
The manufacturer shall keep the information package referred to in Article 24(4) and in addition the vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34 for a period of ten years after the end of the validity of the EU type-approval for a vehicle and for a period of five years after the end of the validity of the EU type-approval for a system, component or separate technical unit. |
Amendment 126
Proposal for a regulation
Article 12 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
The vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34. |
deleted |
Amendment 127
Proposal for a regulation
Article 12 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
The manufacturer shall, upon a reasoned request from a national authority, provide that authority, through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority . |
The manufacturer shall, upon a reasoned request from a national authority or the Commission , provide that authority or the Commission , through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, part or equipment in a language that can be easily understood. |
Amendment 128
Proposal for a regulation
Article 12 — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
The manufacturer shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |
The manufacturer shall, following a reasoned request from a national authority or the Commission , cooperate with that authority or Commission on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |
Amendment 129
Proposal for a regulation
Article 13 — title
Text proposed by the Commission |
Amendment |
Obligations of manufacturer’s representatives concerning market surveillance |
Obligations of manufacturer’s representatives |
Amendment 130
Proposal for a regulation
Article 13 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. The manufacturer’s representative for market surveillance shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following: |
1. The manufacturer’s representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following: |
Amendment 131
Proposal for a regulation
Article 13 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 132
Proposal for a regulation
Article 13 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 133
Proposal for a regulation
Article 13 — paragraph 3 — introductory part
Text proposed by the Commission |
Amendment |
3. The details of a change shall address at least the following aspects: |
3. The details of a change to the mandate shall address at least the following aspects: |
Amendment 134
Proposal for a regulation
Article 14 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that an information package referred to in Article 24(4) has been put together by the approval authority, and that the system, component or separate technical unit bears the required type-approval mark and complies with Article 11(7). |
Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that it is covered by a valid type-approval certificate and that the component or separate technical unit bears the required type-approval mark and complies with Article 11(7). |
Amendment 135
Proposal for a regulation
Article 14 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, he shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval. |
3. Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular where it does not correspond to its type-approval, the importer shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval. |
Amendment 136
Proposal for a regulation
Article 14 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints 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 . |
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 complaints and recalls . |
Amendment 137
Proposal for a regulation
Article 14 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The importer shall immediately inform the relevant manufacturer about complaints and reports relating to risks, to suspected incidents, or to non-conformity relating to vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. |
Amendment 138
Proposal for a regulation
Article 15 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate. |
1. Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity under the manufacturer's control , to withdraw it from the market or to recall it, as appropriate. The importer shall also inform the manufacturer and the type-approval authority that has granted the type-approval. |
Amendment 139
Proposal for a regulation
Article 15 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market. |
Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market. |
Amendment 140
Proposal for a regulation
Article 16 — paragraph 1
Text proposed by the Commission |
Amendment |
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. |
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. |
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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 141
Proposal for a regulation
Article 17 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, he shall not make available on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity. |
1. Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, the distributor shall inform the manufacturer, the importer and the type-approval authority that has granted the type-approval of that fact and shall not place on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity. |
Amendment 142
Proposal for a regulation
Article 17 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The distributor who considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1). |
2. Where the distributor considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, the distributor shall inform the manufacturer, the importer and the type-approval authority that has granted the type-approval in order to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1). |
Amendment 143
Proposal for a regulation
Article 17 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details , in particular of the serious risk and of corrective measures taken by the manufacturer. |
3. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details of corrective measures taken by the manufacturer. |
Amendment 144
Proposal for a regulation
Article 17 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The distributor shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |
4. The distributor shall, following a reasoned request from a national authority or the Commission , cooperate with that authority or the Commission on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |
Amendment 145
Proposal for a regulation
Article 20 — paragraph 2
Text proposed by the Commission |
Amendment |
2. For system type-approval, component type-approval and separate technical unit type-approval only the single-step type-approval is applicable. |
2. Without prejudice to the requirements of the regulatory acts listed in Annex IV, for system type-approval, component type-approval and separate technical unit type-approval, only the single-step type-approval is applicable. |
Amendment 146
Proposal for a regulation
Article 20 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle. |
4. The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements , in accordance with the procedures laid down in Annex XVII . Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, including where granted for a different category of vehicle. It shall also include a check that the performance of the systems that were granted type-approval separately are still in conformity with those type-approvals after they have been incorporated into a whole vehicle. |
Amendment 147
Proposal for a regulation
Article 20 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The choice of type-approval referred to in paragraph 1 shall not affect the applicable substantive requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval. |
5. The choice of type-approval referred to in paragraph 1 shall not affect the all applicable requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval. |
Amendment 148
Proposal for a regulation
Article 20 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The manufacturer shall make available to the approval authority as many vehicles, components or separate technical units as are required under the relevant regulatory acts for the performance of the required tests. |
Amendment 149
Proposal for a regulation
Article 21 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only. |
2. Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only. Once the application is submitted the manufacturer shall not be permitted to interrupt the procedure and to submit another application for the same type to another approval authority or to another technical services. Furthermore, if the type-approval is refused or the test fails in a technical service the manufacturer shall not be permitted to submit another application for the same type to another approval authority or to another technical service. |
Amendment 150
Proposal for a regulation
Article 22 — paragraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 151
Proposal for a regulation
Article 22 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 152
Proposal for a regulation
Article 22 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The information folder shall be supplied in an electronic format to be provided by the Commission but may also be supplied on paper . |
2. The information folder shall be supplied in an electronic format. |
Amendment 153
Proposal for a regulation
Article 23 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports, required pursuant to the applicable acts listed in Annex IV. |
An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports and documents containing information , required pursuant to the regulatory acts listed in Annex IV. |
Amendment 154
Proposal for a regulation
Article 23 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the applicable acts listed in Annex IV, the approval authority shall have access to the information folder until the whole-vehicle type-approval is either issued or refused. |
In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the regulatory acts listed in Annex IV, the approval authority shall have access to the information folder and information documents until the whole-vehicle type-approval is either issued or refused. |
Amendment 155
Proposal for a regulation
Article 23 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports, required pursuant to the applicable acts listed in Annex IV. |
An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports and information documents , required pursuant to the regulatory acts listed in Annex IV. |
Amendment 156
Proposal for a regulation
Article 23 — paragraph 3 — subparagraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 157
Proposal for a regulation
Article 23 — paragraph 3 — subparagraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 158
Proposal for a regulation
Article 23 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
The information specified in points (a) and (b) may be supplied in accordance with Article 22(2). |
The information specified in points (a) and (b) shall be supplied in accordance with Article 22(2). |
Amendment 159
Proposal for a regulation
Article 23 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
The approval authority and technical services shall have access to the software and algorithms of the vehicle. |
The approval authority and technical services shall have access to the software, hardware and algorithms of the vehicle , together with documentation or other information allowing an appropriate and relevant level of understanding of the systems, including the systems development process and systems concept, and functions of such software and hardware which enable the vehicle to comply with the requirements of this Regulation. |
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During the period of validity of the EU type-approval, access shall be granted to the software, hardware and algorithms of the vehicle in order to allow verification that the requirements of this Regulation are complied with during periodic inspection. After the expiration of the type approval certificate and in the event of non-renewal of that certificate, the access shall continue to be granted upon request. The information to be disclosed for those particular purposes is not to be such as to undermine the confidentiality of proprietary information and intellectual property. The manufacturer shall communicate to the approval authority and the technical service — in a standardised form — the version of the software governing safety-related systems and components and settings or other calibrations applied to emissions-related systems and components at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters . |
Amendment 160
Proposal for a regulation
Article 24 — paragraph 2 — point d
Text proposed by the Commission |
Amendment |
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Amendment 161
Proposal for a regulation
Article 24 — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
The information package shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval. |
The information package may be kept electronically and shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval. |
Amendment 162
Proposal for a regulation
Article 24 — paragraph 5
Text proposed by the Commission |
Amendment |
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 Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings. |
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 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 Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings. |
Amendment 163
Proposal for a regulation
Article 24 — paragraph 6 — subparagraph 1
Text proposed by the Commission |
Amendment |
In accordance with Article 20 (4) and (5) , in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV. |
In accordance with Article 20, in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV. |
Amendment 164
Proposal for a regulation
Article 25 — paragraph 1
Text proposed by the Commission |
Amendment |
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 Commission 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 . |
1. The approval authority shall, within one month of issuing or amending the EU type-approval certificate, submit to the online database information comprising 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. |
Amendment 165
Proposal for a regulation
Article 25 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where requested by an approval authority of another Member State or the Commission, 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. |
deleted |
Amendment 166
Proposal for a regulation
Article 25 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. |
4. The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. The approval authority shall also update this information on the online database. |
Amendment 167
Proposal for a regulation
Article 26 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 168
Proposal for a regulation
Article 28 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by designated technical services . |
1. For the purpose of EU type-approvals the approval authority shall verify compliance with the technical requirements of this Regulation and of the relevant regulatory acts listed in Annex IV by means of appropriate tests performed by designated technical services. |
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The format of the test reports shall comply with the general requirements laid down in Appendix 3 to Annex V . |
Amendment 169
Proposal for a regulation
Article 28 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The manufacturer shall provide the approval authority with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests. |
2. The manufacturer shall provide the relevant technical services and approval authority with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests. |
Amendment 170
Proposal for a regulation
Article 28 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. The required tests shall be performed in accordance with the relevant regulatory acts listed in Annex IV. Where a range of values is provided for in the test procedures set out in the relevant regulatory acts, the technical services shall be able to set the parameters and conditions used to perform the appropriate tests referred to in paragraph 1. In the case of whole vehicle type-approval, the authorities shall ensure that the vehicles selected for testing represent the worst case with respect to compliance with the respective criteria and that the vehicles selected will not lead to the attainment of results that are systematically divergent from the performance when those vehicles are operated under conditions that might reasonably be expected to be encountered in normal operation and use. |
Amendment 348
Proposal for a regulation
Article 28 — paragraph 3 b (new)
Text proposed by the Commission |
Amendment |
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3b. In order to verify compliance with Article 3(10) and Article 5(2) of Regulation (EC) No 715/2007, the Commission, type-approval authorities and technical services may diverge from the standard test procedures and range of values and shall modify conditions and parameters in a non-predictable manner, and in particular may also do so beyond the values and procedures prescribed in the regulatory acts listed in Annex IV. |
Amendment 171
Proposal for a regulation
Article 29 — paragraph 2
Text proposed by the Commission |
Amendment |
2. An approval authority that has granted a whole-vehicle type-approval shall verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. |
2. An approval authority that has granted a whole-vehicle type-approval shall verify an adequate and statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. |
Amendment 172
Proposal for a regulation
Article 29 — paragraph 4
Text proposed by the Commission |
Amendment |
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. |
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The approval authority shall carry out the first of those checks within a year from the date of issue of the certificates of conformity. The approval authority shall carry out subsequent checks at least once a year at random intervals which it shall determine. |
Amendment 173
Proposal for a regulation
Article 29 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. When performing verification testing pursuant to paragraphs 2 and 4, an approval authority shall designate a different technical service from the one used during the original type-approval testing. |
Amendment 174
Proposal for a regulation
Article 29 — paragraph 5
Text proposed by the Commission |
Amendment |
5. An approval authority that has granted an EU type-approval and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly or withdraw the type-approval. |
5. An approval authority that has granted an EU type-approval and that establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, with the requirements of this Regulation or with the requirements of the regulatory acts listed in Annex IV, or that establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the arrangements for conformity of production are followed correctly or withdraw the type-approval. The approval authority may decide to take all necessary restrictive measures in accordance with Articles 53 and 54. |
Amendment 175
Proposal for a regulation
Article 30 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall establish a national fee structure to cover the costs for their type-approvals and market surveillance activities as well as for the type-approval testing and conformity of production testing and inspections carried out by the technical services they have designated . |
1. Member States shall ensure that the costs for their type-approval and market surveillance activities are covered. Member States may implement a fee-based structure or may finance such activities through their national budgets, or apply a combination of both methods. Fees shall not be levied directly by technical services. |
Amendment 176
Proposal for a regulation
Article 30 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Fees shall not be levied directly by technical services . |
2. Where a fee-based structure is implemented, those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Where a fee-based structure applies to conformity of production, those national fees shall be levied by the Member State on the manufacturer in the Member State where the production takes place . |
Amendment 177
Proposal for a regulation
Article 30 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The national fee structure shall also cover the costs for the compliance verification inspections and tests carried out by the Commission 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 Regulation (26) . |
3. The Commission shall ensure that the costs of the inspections and tests mandated by the Commission in accordance with Article 9 are covered. The general budget of the European Union shall be used for this purpose . |
Amendment 178
Proposal for a regulation
Article 30 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Member States shall notify the details of their national fee structure to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis. |
4. Member States shall notify the details of their financial mechanism or mechanisms to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis. |
Amendment 179
Proposal for a regulation
Article 30 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The Commission may adopt implementing acts in order to 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). |
deleted |
Amendment 180
Proposal for a regulation
Article 31 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Where the approval authority finds that the changes in the particulars recorded in the information package are substantial, to the extent that they cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval. |
5. Where the approval authority finds that the changes in the particulars recorded in the information package cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval. |
Amendment 181
Proposal for a regulation
Article 32 — paragraph 2 — subparagraph 1 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 182
Proposal for a regulation
Article 33 — paragraph 1
Text proposed by the Commission |
Amendment |
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 . 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 . |
1. Type-approvals for vehicles of categories M1 and N1 , and for systems, components and separate technical units listed in accordance with paragraph 1a, shall be issued for a limited period of seven years , and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 10 years . The expiry date shall be indicated in the EU type-approval certificate. |
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Prior to 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 as a whole complies with all the requirements , including testing protocols, of the relevant regulatory acts for new vehicles of that approved type. Where the approval authority establishes that this subparagraph applies, it is not necessary for the tests referred to in Article 28 to be repeated. |
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In order to allow the approval authority to fulfil its tasks, the manufacturer shall submit his application at the earliest 12 months and at the latest six months before the expiry of the EU type-approval certificate . |
Amendment 183
Proposal for a regulation
Article 33 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Type-approvals for systems, components and separate technical units shall in principle be issued for an unlimited period. Since certain systems, components and separate technical units might, by their nature or technical features, require more frequent updating, the relevant type approvals shall be issued for a limited period of seven years. The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by establishing a list of systems, components and separate technical units which, due to the nature of those systems, components and separate technical units, need to be issued for a limited period only. |
Amendment 184
Proposal for a regulation
Article 33 — paragraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 185
Proposal for a regulation
Article 34 — paragraph 4
Text proposed by the Commission |
Amendment |
(4) The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to fully engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production. |
(4) The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production. |
Amendment 186
Proposal for a regulation
Article 36 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Economic operators shall only place on the market vehicles, components or separate technical units which are marked in a way that complies with this Regulation. |
Amendment 187
Proposal for a regulation
Article 38 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission 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). |
3. Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the validity 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 188
Proposal for a regulation
Article 40 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Member States may decide to exempt any type of vehicle referred to in paragraph 1 from one or more of the substantive requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements. |
2. Member States may decide to exempt any type of vehicle referred to in paragraph 1 from compliance with one or more of the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements. |
Amendment 189
Proposal for a regulation
Article 40 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. In addition, more flexibility shall be granted to SMEs with small production that are unable to meet the same time-constraint criteria as large manufacturers. |
Amendment 190
Proposal for a regulation
Article 41 — paragraph 3 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Where no objection has been raised within the period of three months referred to in the first sub-paragraph the national type-approval shall be considered to have been accepted. |
Amendment 191
Proposal for a regulation
Article 42 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV. |
1. Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV. This provision shall not apply to incomplete vehicles. |
Amendment 192
Proposal for a regulation
Article 42 — paragraph 2
Text proposed by the Commission |
Amendment |
2. An application for an EU individual vehicle approval shall be submitted by the manufacturer, or by the owner of the vehicle, or by the representative of the latter , provided that that representative is established within the Union. |
2. An application for an EU individual vehicle approval shall be submitted by the owner of the vehicle, the manufacturer, or by the representative of the manufacturer , provided that that representative is established within the Union. |
Amendment 193
Proposal for a regulation
Article 43 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the substantive requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements. |
1. Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements. |
Amendment 194
Proposal for a regulation
Article 43 — paragraph 2
Text proposed by the Commission |
Amendment |
2. An application for national individual vehicle approval shall be submitted by the manufacturer, or by the owner of the vehicle, or by the representative of the latter , provided that that representative is established within Union. |
2. An application for national individual vehicle approval shall be submitted by the owner of the vehicle, the manufacturer or by the representative of the manufacturer , provided that that representative is established within Union. |
Amendment 195
Proposal for a regulation
Article 43 — paragraph 6 — subparagraph 1
Text proposed by the Commission |
Amendment |
The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information necessary to apply for the registration provided for in Council Directive 1999/37/EC (28). |
The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information included in the template of the EU individual approval certificate set out in Annex VI . |
Amendment 196
Proposal for a regulation
Article 44 — paragraph 3
Text proposed by the Commission |
Amendment |
3. A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own. |
3. A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own or that the vehicle does not comply with those requirements . |
Amendment 197
Proposal for a regulation
Article 45 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The procedures set out in Articles 43 and 44 may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval. |
1. The procedures set out in Articles 42 and 43 may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval. For vehicles approved in multi-stage type-approval Annex XVII shall apply. |
Amendment 198
Proposal for a regulation
Article 45 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The procedures set out in Articles 43 and 44 may not replace an intermediate stage within the normal sequence of a multi-stage type- approval and may not apply for the purposes of obtaining the first-stage approval of a vehicle. |
2. The procedures set out in Articles 42 and 43 shall not replace an intermediate stage within the normal sequence of a multi-stage type- approval and shall not apply for the purposes of obtaining the first-stage approval of a vehicle. |
Amendment 199
Proposal for a regulation
Article 46 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
Incomplete vehicles may be made available on the market or entered into service , but the national authorities responsible for vehicle registration may refuse the registration and the use on the road of such vehicles. |
Incomplete vehicles may be made available on the market, but the national authorities responsible for vehicle registration may refuse the registration , the entry into service and the use on the road of such vehicles. |
Amendment 201
Proposal for a regulation
Article 47 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been made available on the market nor registered or entered into service before their EU type-approval lost its validity. |
The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been registered or entered into service before their EU type-approval lost its validity. |
Amendment 202
Proposal for a regulation
Article 47 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the national authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned. |
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the type approval authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned. |
Amendment 203
Proposal for a regulation
Article 47 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
The national authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted. |
The national type-approval authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted. |
Amendment 204
Proposal for a regulation
Article 47 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be made available on the market, registered or entered into service in the Union. |
4. Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be registered or entered into service in the Union. |
Amendment 205
Proposal for a regulation
Article 47 — paragraph 6
Text proposed by the Commission |
Amendment |
6. Member States shall keep records of the VIN of the vehicles that they permitted to be made available on the market, registered or entered into service in accordance with this Article. |
6. Member States shall keep records of the VIN of the vehicles that they registered or entered into service in accordance with this Article. |
Amendment 206
Proposal for a regulation
Article 49 — title
Text proposed by the Commission |
Amendment |
Procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk at national level |
National evaluation regarding vehicles, systems, components or separate technical units suspected of presenting a serious risk or of being non-compliant |
Amendment 207
Proposal for a regulation
Article 49 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Market surveillance authorities of one Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008 and Article 8 of this Regulation, or that have sufficient reason to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation, shall inform without delay the approval authority that granted the approval about its findings . |
1. Where, based on the market surveillance activities or on information provided by an approval authority, manufacturers or complaints, the market surveillance authorities of one Member State have reasons to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or does not comply with the requirements laid down in this Regulation, those market surveillance authorities shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the market surveillance authorities . |
Amendment 208
Proposal for a regulation
Article 49 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
The approval authority referred to in paragraph 1 shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the approval and market surveillance authorities. |
deleted |
Amendment 209
Proposal for a regulation
Article 49 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Article 20 of Regulation (EC) No 765/2008 shall apply to the risk assessment of the product. |
Amendment 210
Proposal for a regulation
Article 49 — paragraph 2 — subparagraph 3
Text proposed by the Commission |
Amendment |
Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in the second subparagraph. |
deleted |
Amendment 211
Proposal for a regulation
Article 49 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The relevant approval authority shall inform the Commission and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator. |
deleted |
Amendment 212
Proposal for a regulation
Article 49 a (new)
Text proposed by the Commission |
Amendment |
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Article 49a |
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National procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk or non-compliant |
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1. Where, after performing the evaluation pursuant to Article 49, the Market surveillance authorities of one Member State find that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or is not compliant with this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk or this non-compliance. |
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2. The economic operator shall, in accordance with the obligations referred to in Articles 11 to 19, ensure that all appropriate corrective measures are taken in respect of all concerned vehicles, systems, components or separate technical units that it has placed on the market, registered or has entered into service in the Union |
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3. Where the economic operator does not take adequate corrective measures within the period referred to in paragraph 1 or where the risk requires a rapid action, the national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them. |
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Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in this paragraph. |
Amendment 213
Proposal for a regulation
Article 50 — title
Text proposed by the Commission |
Amendment |
Notification and objection procedures related to restrictive measures taken at national level |
Corrective and restrictive measures at EU level |
Amendment 214
Proposal for a regulation
Article 50 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The national authorities shall inform the Commission and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5) . |
The Member State taking corrective measures and restrictive measures in accordance with Article 50(1) and (3) shall notify the Commission and the other Member States without delay by means of the electronic system referred to in Article 22 of Regulation (EC) No 765/2008. That Member State shall also inform without delay the approval authority that granted the approval about its findings . |
Amendment 215
Proposal for a regulation
Article 50 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
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The information provided shall include all available details, in particular the data necessary for the identification of the non-compliant vehicle, system, component or separate technical unit, its origin, the nature of the non-conformity alleged and the risk involved, the nature and duration of the national restrictive measures taken, and the arguments put forward by the relevant economic operator. |
2. The information provided shall include all available details, in particular the data necessary for the identification of the concerned vehicle, system, component or separate technical unit, its origin, the nature of the non-compliance and/or risk involved, the nature and duration of the national corrective and restrictive measures taken, and the arguments put forward by the relevant economic operator. It shall also indicate whether the risk is due to either of the following: |
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Amendment 216
Proposal for a regulation
Article 50 — paragraph 2
Text proposed by the Commission |
Amendment |
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2. The approval authority referred to in Article 49(1) shall indicate whether the nonconformity is due to either of the following: |
deleted |
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Amendment 217
Proposal for a regulation
Article 50 — paragraph 3
Text proposed by the Commission |
Amendment |
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 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. |
deleted |
Amendment 218
Proposal for a regulation
Article 50 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Where, within one month after the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a corrective measure or restrictive measure taken by a Member State, that measure shall be deemed to be justified. The other Member States shall ensure that equivalent corrective or restrictive measures are taken without delay in respect of the vehicle, system, component or separate technical unit concerned. |
Amendment 219
Proposal for a regulation
Article 50 — paragraph 4
Text proposed by the Commission |
Amendment |
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 Commission in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the Commission in accordance with Article 51 . |
4. Where, within one month after notification referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a corrective or restrictive measure taken by a Member State, or where the Commission has considered that a national measure is contrary to Union legislation, the Commission shall , without delay, consult the Member States concerned and the relevant economic operator or operators . |
Amendment 220
Proposal for a regulation
Article 50 — paragraph 5
Text proposed by the Commission |
Amendment |
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 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. |
5. On the basis of the results of that consultation, the Commission shall adopt implementing acts on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
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The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply those implementing acts without delay. They shall inform the Commission accordingly. |
Amendment 221
Proposal for a regulation
Article 50 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. Where the Commission considers that a national measure is unjustified, the Commission shall adopt implementing acts requiring the Member State concerned to withdraw or adapt the measure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 222
Proposal for a regulation
Article 50 — paragraph 5 b (new)
Text proposed by the Commission |
Amendment |
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5b. Where the national measure is considered justified and risk of non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose: |
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Amendment 223
Proposal for a regulation
Article 51
Text proposed by the Commission |
Amendment |
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Article 51 |
deleted |
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Union safeguard procedure |
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1. Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the Commission has considered that a national measure is contrary to Union legislation, the Commission shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
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The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission accordingly. |
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2. Where the Commission considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non-compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the Commission accordingly. Where the Commission considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1. |
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3. Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose appropriate measures as follows: |
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Amendment 224
Proposal for a regulation
Article 51 a (new)
Text proposed by the Commission |
Amendment |
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Article 51a |
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Corrective and restrictive measures following Commission market surveillance activities |
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1. Where following checks in accordance with Article 9, the Commission finds that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or is not compliant with this Regulation, it shall require, without delay, the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk or this non-compliance. |
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Where the economic operator does not take adequate corrective measures within the period referred to in the first subparagraph or where the risk requires rapid action, the Commission shall adopt implementing acts setting out any Union corrective or restrictive measure that it considers to be necessary at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
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The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply the implementing acts without delay. They shall inform the Commission accordingly. |
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2. Where the risk or non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose: |
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Amendment 225
Proposal for a regulation
Article 52
Text proposed by the Commission |
Amendment |
Article 52 |
deleted |
Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and the environment |
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1. Where, having performed an evaluation under Article 49(1), a Member State finds that vehicles, systems, components or separate technical units, although they comply with the applicable requirements or are properly marked, present a serious risk to safety or may seriously harm the environment or public health, it shall require the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk, or it shall take restrictive measures to withdraw the vehicle, system, component or separate technical unit from the market or to recall it within a reasonable period, depending on the nature of the risk. |
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The Member State may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures. |
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2. The economic operator shall ensure that appropriate corrective measures are taken in respect of all vehicles, systems, components or separate technical units referred to in paragraph 1. |
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3. The Member State shall within one month of the request referred to in paragraph 1 provide the Commission and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken. |
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4. The Commission 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 shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
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5. The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators. |
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Amendment 226
Proposal for a regulation
Article 53
Text proposed by the Commission |
Amendment |
Article 53 |
deleted |
General provisions related to non-compliant vehicles, systems, components or separate technical units |
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1. Where vehicles, 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-compliant vehicles, systems, components or separate technical units, or to withdraw them from that 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 conformity. |
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2. For the purposes of paragraph 1, deviations from the particulars in the EU type-approval certificate or the information package shall be deemed to constitute a failure to conform to the approved type. |
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Amendment 227
Proposal for a regulation
Article 54 — title
Text proposed by the Commission |
Amendment |
Notification and objection procedures related to non-compliant vehicles, systems, components or separate technical units |
Non-compliant EU type approval |
Amendment 228
Proposal for a regulation
Article 54 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it may take all appropriate restrictive measures in accordance with Article 53(1) . |
1. Where an approval authority finds that a type-approval that has been granted is not compliant with this Regulation, it shall refuse to recognise such approval. It shall notify the approval authority that granted the EU type-approval, to the other Member States, as well as the Commission . |
Amendment 229
Proposal for a regulation
Article 54 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The approval authority or market surveillance authority or the Commission 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 . |
2. Where within one month after the notification, the non-conformity of the type-approval is confirmed by the approval authority that granted the EU type-approval , that approval authority shall withdraw the type-approval . |
Amendment 230
Proposal for a regulation
Article 54 — paragraph 3
Text proposed by the Commission |
Amendment |
3. In the case of a whole-vehicle type-approval, where the non-conformity of a vehicle is due to a system, component or separate technical unit, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component or separate technical unit. |
deleted |
Amendment 231
Proposal for a regulation
Article 54 — paragraph 4
Text proposed by the Commission |
Amendment |
4. In the case of a multi-stage type-approval, where the non-conformity of a completed vehicle is due to a system, component or separate technical unit that forms part of the incomplete vehicle or to the incomplete vehicle itself, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component, separate technical unit or incomplete vehicle. |
deleted |
Amendment 232
Proposal for a regulation
Article 54 — paragraph 5
Text proposed by the Commission |
Amendment |
5. On receipt of the request referred to in paragraphs 1 to 4 the approval authority that granted the EU type-approval shall carry out an evaluation in relation to the vehicles, systems, components or separate technical units concerned covering all the requirements laid down in this Regulation. The approval authority shall also verify the data on the basis of which the approval was granted. The relevant economic operators shall fully cooperate with the approval authority. |
deleted |
Amendment 233
Proposal for a regulation
Article 54 — paragraph 6
Text proposed by the Commission |
Amendment |
6. Where non-conformity is established by the approval authority that granted the EU type-approval for a vehicle, system, component or separate technical unit, that approval authority shall 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 and where necessary the approval authority that granted the EU type-approval shall take the measures referred to in Article 53(1) as soon as possible and at the latest within one month of the date of the request. |
deleted |
Amendment 234
Proposal for a regulation
Article 54 — paragraph 7
Text proposed by the Commission |
Amendment |
7. The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the Commission and the other Member States. |
deleted |
Amendment 235
Proposal for a regulation
Article 54 — paragraph 8 — subparagraph 1
Text proposed by the Commission |
Amendment |
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 Commission establishes a non-compliance in accordance with Article 9(5) , the Commission 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) . |
Where, within one month after the notification of the refusal of the type-approval by an approval authority, an objection has been raised by the approval authority that granted the EU type-approval , the Commission shall consult without delay the Member States, in particular the approval authority that granted the type-approval and the relevant economic operator . |
Amendment 236
Proposal for a regulation
Article 54 — paragraph 8 a (new)
Text proposed by the Commission |
Amendment |
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8a. On the basis of that evaluation, the Commission shall adopt implementing acts containing its decision as to whether the refusal of the EU type-approval adopted under paragraph 1 is justified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 237
Proposal for a regulation
Article 54 — paragraph 8 b (new)
Text proposed by the Commission |
Amendment |
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8b. Where following Commission checks in accordance with Article 9, the Commission considers that a type-approval that has been granted is not compliant with this Regulation, the Commission shall, without delay, consult the Member States and, in particular, the approval authority that granted the type-approval and the relevant economic operator. After such consultations have taken place, the Commission shall adopt implementing acts containing its decision as to whether the type-approval that has been granted is compliant with this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Amendment 238
Proposal for a regulation
Article 54 — paragraph 9
Text proposed by the Commission |
Amendment |
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 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. |
9. For products covered by a non-compliant type-approval that are already made available on the market, Articles 49 to 53 shall apply . |
Amendment 239
Proposal for a regulation
Article 55
Text proposed by the Commission |
Amendment |
[…] |
deleted |
Amendment 240
Proposal for a regulation
Article 56
Text proposed by the Commission |
Amendment |
[…] |
deleted |
Amendment 241
Proposal for a regulation
Article 57
Text proposed by the Commission |
Amendment |
Article 57 |
deleted |
General provisions on recall of vehicles, systems, components or separate technical units |
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1. A manufacturer who has been granted a whole-vehicle type-approval and is obliged to recall vehicles in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the whole-vehicle type-approval thereof. |
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2. A manufacturer of systems, components or separate technical units, who has been granted an EU type-approval and is obliged to recall systems, components or separate technical units in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the EU type-approval. |
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3. The manufacturer shall propose to the approval authority that granted the type-approval a set of appropriate remedies to bring the vehicles, systems, components or separate technical units in conformity and, where appropriate, to neutralise the serious risk referred to in Article 20 of Regulation (EC) No 765/2008. |
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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 Commission without delay. |
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Amendment 242
Proposal for a regulation
Article 58
Text proposed by the Commission |
Amendment |
[…] |
deleted |
Amendment 243
Proposal for a regulation
Article 59
Text proposed by the Commission |
Amendment |
Article 59 |
deleted |
Right to be heard of economic operators, notification of decisions and remedies available |
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1. Except in cases where immediate action is necessary for reasons of serious risk to human health, safety and the environment, the economic operator concerned shall be given the opportunity to make submissions to the national authority within an appropriate period of time before any measure pursuant to Articles 49 to 58 is adopted by the national authorities of the Member States. |
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If action has been taken without the economic operator’s being heard, the economic operator shall have the opportunity to make submissions as soon as possible and the national authority shall review the measure promptly thereafter. |
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2. Any measure adopted by the national authorities shall state the exact grounds on which it is based. |
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Where the measure is addressed to a specific economic operator, it shall be notified without delay to the economic operator concerned, who shall at the same time be informed of the remedies available under the law of the Member State concerned and of the time limits to which such remedies are subject. |
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Where the measure is of general scope, it shall be appropriately published in the national official journal or in an equivalent instrument. |
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3. Any measure adopted by the national authorities shall be immediately withdrawn or amended upon the economic operator’s demonstrating that effective corrective action has been taken. |
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Amendment 244
Proposal for a regulation
Article 60 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and include transitional provisions, where appropriate. |
That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and shall include transitional provisions, where appropriate , and, in particular, for the purposes of type-approval, first registration and entry into service of vehicles and making available on the market of systems, components and separate technical units, where these are applicable . |
Amendment 245
Proposal for a regulation
Article 63 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation, or in the delegated or implementing acts adopted pursuant to this Regulation, that diverges from the particulars of the type-approved by the approval authority. |
1. The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation, in the delegated or implementing acts adopted pursuant to this Regulation , or in the regulatory acts listed in Annex IV , that diverges from the particulars of the type-approved by the approval authority. |
Amendment 246
Proposal for a regulation
Article 65 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Manufacturers shall provide to independent operators unrestricted and standardised access to vehicle OBD information, diagnostic and other equipment, tools including any relevant software and vehicle repair and maintenance information. |
Manufacturers shall provide to independent operators unrestricted, standardised and non-discriminatory access to vehicle OBD information, diagnostic and other equipment, tools including the complete references, and available downloads, of the applicable software and vehicle repair and maintenance information. Information shall be presented in an easily accessible manner in the form of machine readable and electronically processable datasets. Independent operators shall have access to the remote diagnosis services used by manufacturers and authorised dealers and repairers. |
Amendment 247
Proposal for a regulation
Article 65 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers . |
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. For independent operators other than repairers, the information shall also be given in a machine-readable format that is capable of being electronically processed with commonly available IT tools and software and which allows independent operators to carry out the task associated with their business in the aftermarket supply chain . |
Amendment 248
Proposal for a regulation
Article 65 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall be made available through the standardised connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B. |
Amendment 249
Proposal for a regulation
Article 65 — paragraph 10
Text proposed by the Commission |
Amendment |
10. The Commission shall b e 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. |
10. The Commission is 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. The Commission shall be further empowered to adopt delegated acts in accordance with Article 88 to amend this Regulation by creating Annex XVIIIA in order to address technological developments in the field of digital data exchange that use a wireless wide area network, thereby ensuring that independent operators continue to enjoy direct access to in-vehicle data and resources and, in addition, ensuring competition-neutrality by technical design. |
Amendment 250
Proposal for a regulation
Article 66 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The final manufacturer shall be responsible for providing to independent operators information about the whole vehicle . |
2. In the case of multi-stage type-approval, the final manufacturer shall be responsible for providing access to vehicle OBD and vehicle repair and maintenance information regarding its own manufacturing stage or stages and the link to the previous stage or stages . |
Amendment 251
Proposal for a regulation
Article 67 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65( 8 ). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it. |
1. The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65( 9 ). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it. |
Amendment 252
Proposal for a regulation
Article 69 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer. |
3. Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer. The approval authority shall request the approval authority that granted the whole vehicle type-approval to investigate the complaint and subsequently request evidence from the vehicle manufacturer that its system is in compliance with the Regulation. The results of that investigation shall be communicated within three months of the request to the national approval authority and the independent operator or trade association concerned. |
Amendment 253
Proposal for a regulation
Article 71 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The type approval authority designated by the Member State in accordance with Article 7(3), hereinafter referred to as the ‘ type-approval authority’ , shall be responsible for the assessment, designation, notification and the monitoring of technical services, including, where appropriate, the subcontractors or subsidiaries of those technical services. |
1. The type approval authority designated by the Member State in accordance with Article 7(3), or the accreditation body in accordance with Regulation (EC) No 765/2008, (together, the ‘the designating body ’), shall be responsible for the assessment, designation, notification and the monitoring of technical services in the respective Member State , including, where appropriate, the subcontractors or subsidiaries of those technical services. |
Amendment 254
Proposal for a regulation
Article 71 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The type-approval authority shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services. |
2. The designating body shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services. |
Amendment 255
Proposal for a regulation
Article 71 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The type-approval authority shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service. |
3. The designating body shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service. |
Amendment 256
Proposal for a regulation
Article 71 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The type-approval authority shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis. |
4. The designating body shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis. |
Amendment 257
Proposal for a regulation
Article 71 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The type-approval authority shall safeguard the confidentiality of the information it obtains. |
5. The designating body shall safeguard the confidentiality of the information it obtains. |
Amendment 258
Proposal for a regulation
Article 71 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The type-approval authority shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks foreseen by this Regulation |
6. The designating body shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks laid down in this Regulation. |
Amendment 259
Proposal for a regulation
Article 71 — paragraph 8
Text proposed by the Commission |
Amendment |
8. The type-approval authority shall be peer-reviewed by two type-approval authorities of other Member States every two years. |
deleted |
The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission. |
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The peer-review 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. |
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Amendment 260
Proposal for a regulation
Article 71 — paragraph 9
Text proposed by the Commission |
Amendment |
9. The outcome of the peer-review 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 Commission and issue recommendations. |
deleted |
Amendment 261
Proposal for a regulation
Article 71 — paragraph 10
Text proposed by the Commission |
Amendment |
10. The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-review report. |
deleted |
Amendment 262
Proposal for a regulation
Article 72 — paragraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 263
Proposal for a regulation
Article 72 — paragraph 3
Text proposed by the Commission |
Amendment |
3. A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76. |
3. A technical service shall be established under the national law of a Member State and have legal personality, except for a technical service belonging to a type-approval authority and for an accredited in-house technical service of a manufacturer, as referred to in Article 76. |
Amendment 264
Proposal for a regulation
Article 73 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the approval authority or where required by Union or national law. |
5. The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the designating authority or where required by Union or national law. |
Amendment 265
Proposal for a regulation
Article 74 — paragraph 1 — introductory part
Text proposed by the Commission |
Amendment |
1. A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the type approval authority that it has all of the following: |
1. A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the designating authority , or, in the case of accreditation, to the national accreditation body that it has all of the following: |
Amendment 266
Proposal for a regulation
Article 75 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Technical services may subcontract , with the agreement of their designating type-approval authority, some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary. |
1. Technical services may, with the agreement of their designating authority, or, in the case of accreditation, of the national accreditation body, subcontract some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary. |
Amendment 267
Proposal for a regulation
Article 75 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the type-approval authority thereof. |
2. Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the designating authority , or, in the case of accreditation, the national accreditation body, thereof. |
Amendment 268
Proposal for a regulation
Article 75 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Technical services shall keep at the disposal of the type approval authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them. |
4. Technical services shall keep at the disposal of the designating authority , or, in the case of accreditation, of the national accreditation body, the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them. |
Amendment 269
Proposal for a regulation
Article 75 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. Technical services subcontractors shall be notified to the type-approval authority and their names shall be published by the Commission. |
Amendment 270
Proposal for a regulation
Article 76 — paragraph 2 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 271
Proposal for a regulation
Article 76 — paragraph 3
Text proposed by the Commission |
Amendment |
3. An in-house technical service does not need to be notified to the Commission for the purposes of Article 78 , but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authority . |
3. An in-house technical service shall be notified to the Commission in accordance with Article 78. |
Amendment 272
Proposal for a regulation
Article 77 — paragraph - 1 (new)
Text proposed by the Commission |
Amendment |
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- 1. The applicant technical service shall submit a formal application to the type-approval authority of the Member State in which it requests to be designated in accordance with Part 4 of Appendix 2 of Annex V. The activities for which the applicant technical service is applying to be designated shall be specified in the application request in accordance with Article 72(1). |
Amendment 273
Proposal for a regulation
Article 77 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Before designating a technical service, the type-approval authority shall assess it in accordance with an assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union. |
Before the type-approval authority designates a technical service, the type-approval authority or the accreditation body referred to in Article 71(1), shall assess it in accordance with a harmonised assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union. |
Amendment 274
Proposal for a regulation
Article 77 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
Representatives of the type-approval authorities of at least two other Member States shall , in coordination with the type-approval authority of the Member State in which the applicant technical service is established, and together with a representative of the Commission , form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type-approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service . |
1b. In cases where the assessment is performed by the type-approval authority, a representative from the Commission shall participate in a joint assessment team with the designating authority which shall carry out the assessment of the applicant technical service , including the on-site assessment. In order to perform this task, the Commission shall use independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. Auditors shall respect confidentiality in order to protect commercial secrets in accordance with applicable law. The Member States shall give all necessary assistance and provide all documentation and support that the auditors request to enable them to carry out their duties. The Member States shall ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties . |
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 275
Proposal for a regulation
Article 77 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. In cases where the assessment is carried out by an accreditation body the applicant technical service shall deliver to the type-approval authority a valid accreditation certificate and the corresponding evaluation report proving the fulfilment of the requirements set out in Appendix 2 of Annex V for the activities for which the applicant technical service is applying to be designated. |
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 276
Proposal for a regulation
Article 77 — paragraph 1 c (new)
Text proposed by the Commission |
Amendment |
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1c. Where the technical service has requested to be designated by several type-approval authorities in accordance with Article 78(3), the assessment shall be carried out only once, provided that the scope of the technical service's designation has been covered in that assessment. |
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 277
Proposal for a regulation
Article 77 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The Member States shall notify to the Commission the names of the representatives of the type-approval authority to call upon for each joint assessment. |
5. The Member States shall notify to the Commission the names of the representatives of the designating authority to call upon for each joint assessment. |
Amendment 278
Proposal for a regulation
Article 77 — paragraph 7 — subparagraph 1
Text proposed by the Commission |
Amendment |
The type-approval authority shall notify the assessment report to the Commission 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. |
The designating authority shall notify the assessment report to the Commission 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 279
Proposal for a regulation
Article 77 — paragraph 7 — subparagraph 2
Text proposed by the Commission |
Amendment |
The notifying type-approval authority shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6). |
The designating authority that notifies the assessment report shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6). |
Amendment 280
Proposal for a regulation
Article 77 — paragraph 8
Text proposed by the Commission |
Amendment |
8. The type-approval authorities of the other Member States and the Commission 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. |
8. The designating authorities of the other Member States and the Commission 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 281
Proposal for a regulation
Article 77 — paragraph 9
Text proposed by the Commission |
Amendment |
9. The type-approval authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt. |
9. The designating authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt. |
Amendment 282
Proposal for a regulation
Article 77 — paragraph 10
Text proposed by the Commission |
Amendment |
10. The type-approval authorities of the other Member States or the Commission 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 Commission, it shall give the reasons therefor within two weeks after taking its decision. |
10. The designating authorities of the other Member States or the Commission may individually or jointly address recommendations to the designating 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 designating authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that designating authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision. |
Amendment 283
Proposal for a regulation
Article 78 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
Within 28 days of a notification, a Member State or the Commission 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 Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission 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. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
Within one month of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the designating authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall adopt implementing acts in order to decide 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 284
Proposal for a regulation
Article 78 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The same technical service may be designated by several type-approval authorities and notified to the Commission by the Member States of those type-approval authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1). |
3. The same technical service may be designated by several designating authorities and notified to the Commission by the Member States of those designating authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1). |
Amendment 285
Proposal for a regulation
Article 78 — paragraph 4
Text proposed by the Commission |
Amendment |
4. Where a regulatory act listed in Annex IV requires a type-approval authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1. |
4. Where a regulatory act listed in Annex IV requires a designating authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1. |
Amendment 286
Proposal for a regulation
Article 79 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Where the type-approval authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements. |
Where the designating authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements. |
Amendment 287
Proposal for a regulation
Article 79 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
The type-approval authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification. |
The designating authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification. |
Amendment 288
Proposal for a regulation
Article 79 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
The type-approval authority shall inform the other type-approval authorities and the Commission 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. |
The designating authority shall inform the other designating authorities and the Commission 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 289
Proposal for a regulation
Article 79 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
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 Commission 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. |
Within two months after having notified the changes to the notification, the designating authority shall submit a report on its findings regarding the non-compliance to the Commission and the other designating authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued. |
Amendment 290
Proposal for a regulation
Article 79 — paragraph 4 — introductory part
Text proposed by the Commission |
Amendment |
4. The other certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances: |
4. Type-approval certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances: |
Amendment 291
Proposal for a regulation
Article 79 — paragraph 4 — point a
Text proposed by the Commission |
Amendment |
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Amendment 292
Proposal for a regulation
Article 79 — paragraph 4 — point b
Text proposed by the Commission |
Amendment |
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Amendment 293
Proposal for a regulation
Article 79 — paragraph 6
Text proposed by the Commission |
Amendment |
6. A designation as technical service can only be renewed after the type-approval authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77. |
6. A designation as technical service can only be renewed after the designating authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77. |
Amendment 294
Proposal for a regulation
Article 80 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The type-approval authority shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. |
The designating authority , or, in the case of accreditation, the national accreditation body, shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. |
Amendment 295
Proposal for a regulation
Article 80 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
Technical services shall, on request, supply all relevant information and documents, required to enable that type-approval authority to verify compliance with those requirements. |
Technical services shall, on request, supply all relevant information and documents, required to enable that designating authority , or, in the case of accreditation, the national accreditation body, to verify compliance with those requirements. |
Amendment 296
Proposal for a regulation
Article 80 — paragraph 1 — subparagraph 3
Text proposed by the Commission |
Amendment |
Technical services shall, without delay, inform the type-approval authority of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated. |
Technical services shall, without delay, inform the designating authority , or, in the case of accreditation, the national accreditation body, of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated. |
Amendment 297
Proposal for a regulation
Article 80 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
The type-approval authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so. |
The designating authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so. |
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)
Amendment 298
Proposal for a regulation
Article 80 — paragraph 3 — subparagraph 4
Text proposed by the Commission |
Amendment |
The technical service or the type-approval authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially. |
The technical service or the designating authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially. |
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)
Amendment 299
Proposal for a regulation
Article 80 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
At least every 30 months, the type-approval authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. This assessment shall include an on-site visit to each technical service under its responsibility. |
At least every three years, the designating authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V and shall submit an assessment to the Member State responsible . This assessment shall be carried out by a joint assessment team designated in accordance with the procedure described in Article 77(1) to (4) and shall include an on-site visit to each technical service under its responsibility. |
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)
Amendment 300
Proposal for a regulation
Article 80 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
Within two months after finalising this assessment of the technical service, the Member States shall report to the Commission 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 . |
The outcome of the assessment 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 pursuant to Article 10 . |
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)
Amendment 301
Proposal for a regulation
Article 81 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Commission 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. |
The Commission , working in conjunction with the type-approval authority of the Member State concerned, 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 302
Proposal for a regulation
Article 81 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission 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 Commission, 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. |
2. The Commission shall cooperate with 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 Commission, 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 303
Proposal for a regulation
Article 82 — paragraph 4
Text proposed by the Commission |
Amendment |
4. The exchange of information shall be co-ordinated by the Forum referred to in Article 10. |
4. The exchange of information shall be co-ordinated by the Forum established pursuant to Article 10. |
Amendment 304
Proposal for a regulation
Article 83 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where designation of a technical service is based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service. |
1. Where designation of a technical service is also based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service. |
Amendment 305
Proposal for a regulation
Article 84 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 306
Proposal for a regulation
Article 88 — paragraph 2
Text proposed by the Commission |
Amendment |
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(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. |
2. The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. |
Amendment 307
Proposal for a regulation
Article 88 — paragraph 3
Text proposed by the Commission |
Amendment |
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(2) 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 the day following the publication of the decision 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. |
3. The delegation of power referred to in Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) 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 the day following the publication of the decision 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 308
Proposal for a regulation
Article 88 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
Amendment 309
Proposal for a regulation
Article 88 — paragraph 5
Text proposed by the Commission |
Amendment |
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(2) 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. |
5. A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) 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 353
Proposal for a regulation
Article 89 — title
Text proposed by the Commission |
Amendment |
Penalties |
Penalties and liabilities |
Amendment 310
Proposal for a regulation
Article 89 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation , in particular Articles 11 to 19 and 72 to 76, 84 and 85 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. |
1. Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the market of the Member State concerned, or the number of non-compliant systems, components or separate technical unit made available on the market of the Member State concerned. |
Amendment 311
Proposal for a regulation
Article 89 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 312
Proposal for a regulation
Article 89 — paragraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 313
Proposal for a regulation
Article 89 — paragraph 2 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 354
Proposal for a regulation
Article 89 — paragraph 2 — point c b (new)
Text proposed by the Commission |
Amendment |
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Amendment 314
Proposal for a regulation
Article 89 — paragraph 3 — point b
Text proposed by the Commission |
Amendment |
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Amendment 315
Proposal for a regulation
Article 89 — paragraph 5
Text proposed by the Commission |
Amendment |
5. Member States shall report to the Commission every year on the penalties they have imposed. |
5. Member States shall send a notification of penalties imposed to the online database established in Article 25. Notifications shall be made within one month of the penalty being imposed. |
Amendment 355
Proposal for a regulation
Article 89 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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5a. Where it is established that vehicles, components, systems or separate technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV, economic operators should be liable for any damage caused to owners of affected vehicles as a result of non-compliance or following a recall. |
Amendment 316
Proposal for a regulation
Article 90 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
Where the compliance verification by the Commission 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 Commission 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. |
Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1) or by market surveillance authorities as referred to in Article 8(1) reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission 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 317
Proposal for a regulation
Article 90 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
The administrative fines imposed by the Commission 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. |
The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement. |
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The administrative fines imposed by the Commission shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit. |
Amendment 318
Proposal for a regulation
Article 91 — paragraph 1 — point 3 a (new)
Regulation (EC) No 715/2007
Article 5 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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(3a) in Article 5, the following subparagraphs are added after paragraph 2 point (c): |
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‘Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation (EU) 2016/646, shall provide the type-approval authority with all information, including technical justifications, that it is reasonable the type-approval authority require to assist it in determining whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under this Article is applicable. |
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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.’. |
Amendment 345
Proposal for a regulation
Article 91 — paragraph 1 — point 6
Regulation (EC) No 715/2007
Article 11a — paragraph 1 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 346
Proposal for a regulation
Article 91 — paragraph 1 — point 6 a (new)
Regulation (EC) No 715/2007
Article 14 a (new)
Text proposed by the Commission |
Amendment |
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(6a) The following Article 14a shall be inserted: |
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‘Article 14a |
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Review |
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The Commission shall review the emissions limits set out in Annex I with a view to improving air quality in the Union and to achieving the Union ambient air quality limits, as well as the WHO recommended levels, and shall come forward with proposals, as appropriate, for new technology-neutral Euro7 emission limits applicable by 2025 for all M1 and N1 vehicles placed on the Union market.’. |
Amendment 319
Proposal for a regulation
Annex XII — point 1 — second column
Text proposed by the Commission |
Amendment |
Units |
Units |
1 000 |
1 500 |
0 |
0 |
1 000 |
1 500 |
0 |
1 500 |
0 |
0 |
0 |
0 |
Amendment 320
Proposal for a regulation
Annex XII — point 2 — second column
Text proposed by the Commission |
Amendment |
Units |
Units |
100 |
250 |
250 |
250 |
500 until 31October 2016 |
500 until 31 October 2016 |
250 from 1 November 2016 |
250 from 1 November 2016 |
250 |
250 |
500 |
500 |
250 |
250 |
Amendment 321
Proposal for a regulation
Annex XIII — part I — table
Text proposed by the Commission
Item No |
Item description |
Performance requirement |
Test procedure |
Marking requirement |
Packaging requirements |
1 |
[…] |
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2 |
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3 |
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Amendment
Item No |
Item description |
Performance requirement |
Test procedure |
Marking requirement |
Packaging requirements |
1 |
Exhaust Gas catalysts and their substrates |
NOx emissions |
EURO standards |
Vehicle Type and version |
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2 |
Turbochargers |
CO2 and NOx emissions |
EURO standards |
Vehicle Type and version |
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3 |
Fuel/ Air mixture Compressor systems other than Turbochargers |
CO2 and NOx emissions |
EURO standards |
Vehicle Type and version |
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4 |
Diesel Particle Filters |
PM |
EURO standards |
Vehicle Type and version |
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Amendment 322
Proposal for a regulation
Annex XVIII — point 2 — introductory part
Text proposed by the Commission |
Amendment |
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Amendment 323
Proposal for a regulation
Annex XVIII — point 2 — point 2.8
Text proposed by the Commission |
Amendment |
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Amendment 324
Proposal for a regulation
Annex XVIII — point 2 — point 2.8 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 325
Proposal for a regulation
Annex XVIII — point 6 — point 6.1 — paragraph 3
Text proposed by the Commission |
Amendment |
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available in a database that is easily accessible to independent operators. |
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available , in the form of machine readable and electronically processable datasets, in a database that is accessible to independent operators. |
Amendment 326
Proposal for a regulation
Annex XVIII — point 6 — point 6.3
Text proposed by the Commission |
Amendment |
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Amendment 327
Proposal for a regulation
Annex XVIII — point 6 — point 6.4
Text proposed by the Commission |
Amendment |
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If reprogramming, or diagnostics, is conducted using ISO 13400 DoIP, it shall comply with the requirements of the standards referred to in the first subparagraph . |
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Where vehicle manufacturers use additional proprietary communication protocols, then these protocol specifications shall be made available to independent operators. |
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For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC RP1210 , the manufacturer shall offer within six months of the granting of type approval, a validation of independently developed VCIs and the test environment, including information on the specifications of the communication protocol and the loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware. |
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Corresponding conformity compliance must be ensured either by mandating CEN to develop appropriate conformity standards or by using existing ones such as SAE J2534-3. |
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The conditions set out in Article 67(1) shall apply to fees for such validation or information and hardware. |
Amendment 328
Proposal for a regulation
Annex XVIII — point 6 — point 6.8 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 329
Proposal for a regulation
Annex XVIII — point 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 330
Proposal for a regulation
Annex XVIII — point 7 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 331
Proposal for a regulation
Annex XVIII — appendix 2 — point 3.1.1
Text proposed by the Commission |
Amendment |
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Amendment 332
Proposal for a regulation
Annex XVIII — appendix 2 — point 3.1.2
Text proposed by the Commission |
Amendment |
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(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0048/2017).
(1a) Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
(1a) Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).
(1a) Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).
(12) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(12) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(1a) Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
(1b) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).
(1c) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21).
(1a) Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).
(1a) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(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).
(28) Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).