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Document 52013AP0296
Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (COM(2012)0382 — C7-0188/2012– 2012/0186(COD))
Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (COM(2012)0382 — C7-0188/2012– 2012/0186(COD))
Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (COM(2012)0382 — C7-0188/2012– 2012/0186(COD))
OJ C 75, 26.2.2016, p. 192–214
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
26.2.2016 |
EN |
Official Journal of the European Union |
C 75/192 |
P7_TA(2013)0296
Inspection of the roadworthiness of commercial vehicles ***I
Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (COM(2012)0382 — C7-0188/2012– 2012/0186(COD)) (1)
(Ordinary legislative procedure: first reading)
(2016/C 075/33)
Amendment 1
Proposal for a regulation
Recital 3
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 5 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 6 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 6 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 7 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 10
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 11
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 11 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 11 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 13
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 13 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 14 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 16
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 17 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Article 1 — paragraph 1
Text proposed by the Commission |
Amendment |
This Regulation establishes a regime of roadside inspections of commercial vehicles circulating within the territory of the Member States. |
1. This Regulation establishes a regime of technical roadside inspections of the roadworthiness of commercial vehicles circulating within the territory of the Member States. |
Amendment 20
Proposal for a regulation
Article 1 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Technical roadside inspections shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle concerned. |
Amendment 75
Proposal for a regulation
Article 2 — paragraph 1
Text proposed by the Commission |
Amendment |
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1. This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC of the European Parliament and the Council : |
1. This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC and Directive 2003/37/EC : |
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Amendment 28
Proposal for a regulation
Article 3 — paragraph 1 — point 6
Text proposed by the Commission |
Amendment |
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Amendment 29
Proposal for a regulation
Article 3 — paragraph 1 — point 9
Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Article 3 — paragraph 1 — point 10
Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Article 3 — paragraph 1 — point 11
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Article 3 — paragraph 1 — point 12 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 33
Proposal for a regulation
Article 3 — paragraph 1 — point 14 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 34
Proposal for a regulation
Article 3 — paragraph 1 — point 14 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 35
Proposal for a regulation
Article 3 — paragraph 1 — point 14 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 37
Proposal for a regulation
Article 5
Text proposed by the Commission |
Amendment |
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Each Member State shall carry out in every calendar year a total number of initial roadside inspections , corresponding to at least 5 % of the total number of vehicles referred to in Article 3(1) that are registered in its territory. |
Each Member State shall carry out in every calendar year an appropriate number of initial roadside inspections. |
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The total number of initial roadside inspections shall correspond to at least 5 % of the total number of the following commercial vehicles referred to in Article 2(1) that are registered in its territory: |
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At least 5 % of commercial vehicles that are not registered in its territory but operating there shall be proportionally checked. |
Amendment 76
Proposal for a regulation
Article 6
Text proposed by the Commission |
Amendment |
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1. A roadside inspections risk rating system based on the number and severity of deficiencies found on vehicles operated by individual undertakings shall be introduced at national level. The risk rating system shall be operated by the competent authority of the Member State . |
1. In order to improve the efficiency of technical roadside inspections, a roadside inspections risk rating system based on the number and severity of deficiencies found on commercial vehicles during periodic roadworthiness tests and technical roadside inspections shall be introduced at Union level. The risk rating system shall be based on a national electronic register interconnected throughout the Union and operated by the competent authority in each Member State. |
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Three years after the entry into force of Regulation XX of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC, roadworthiness certificates and roadside inspection reports shall comply with a standard European Union form . |
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2. A risk profile shall be attributed to each undertaking identified in the roadside inspections risk rating system using the criteria set out in Annex I. |
2. After the date referred to in paragraph 1, a risk profile shall be attributed to each undertaking identified in the risk rating system using the following criteria in accordance with Annex I: |
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Undertakings shall be classified according to the following risk profile: |
Undertakings shall be classified according to the following risk profile: |
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In order to allow undertakings to improve their risk profile, information on compliance with roadworthiness requirements from voluntary regular vehicle safety inspections by undertakings carried out in line with the following frequencies shall be taken into account when establishing the risk rating of an undertaking: |
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3. With a view to implement the roadside inspections risk rating system, Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council . |
3. With a view to implementing the roadside inspections risk rating system, Member States shall use the risk rating system established by Regulation (EC) No 1071/2009. |
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The risk rating system shall contain the information on roadworthiness of vehicles referred to in Article 2 four years after the entry into force of this Regulation . |
Amendment 39
Proposal for a regulation
Article 7 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available. |
1. Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available. If the certificate and the report are available electronically in the Member State of the vehicle, the authorities cannot ask for paper copies to be kept onboard. |
Amendment 40
Proposal for a regulation
Article 7 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Individual undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times. |
3. Undertakings that operate vehicles which fall within the scope of this Regulation shall ensure that the vehicles which they operate are in good roadworthy condition at all times and that the original or a certified copy of the roadworthiness certificate and a proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests] in respect of the most recent roadworthiness test is kept on board . |
Amendment 41
Proposal for a regulation
Article 7 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Individual undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times. |
(Does not affect the English version) |
Amendment 42
Proposal for a regulation
Article 9
Text proposed by the Commission |
Amendment |
When identifying vehicles to be subject to a roadside inspection, inspectors shall select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety. |
When identifying vehicles to be subject to a roadside inspection, inspectors may, if the Member State so decides, select as a priority vehicles operated by undertakings with a high risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety. |
Amendment 43
Proposal for a regulation
Article 10 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
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On each initial inspection of a vehicles, the inspector shall : |
On each initial inspection of a vehicles, the inspector: |
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Amendment 44
Proposal for a regulation
Article 10 — paragraph 1 — subparagraph 2 — point b a (new)
Text proposed by the Commission |
Amendment |
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Amendment 45
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 2 — indent 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 46
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 2 — indent 3
Text proposed by the Commission |
Amendment |
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Amendment 47
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 2 — indent 3 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 48
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 2 — indent 4
Text proposed by the Commission |
Amendment |
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Amendment 49
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 3
Text proposed by the Commission |
Amendment |
The inspection of each of these areas shall cover one, several or all of the items listed in Annex II and relevant to these areas. |
The inspection of each of those areas shall cover all the items listed in Annex II that are considered necessary and relevant to those areas. |
Amendment 50
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 4
Text proposed by the Commission |
Amendment |
In addition, the inspector may check other areas of inspection listed in Annex II point 1 and covering one, several or all of the items listed in this Annex. |
In addition, and whenever necessary due to a potential safety risk, the inspector may check other areas of inspection listed in part 1 of Annex II covering all the items listed in that Annex that are considered necessary and relevant to those areas . |
Amendment 77
Proposal for a regulation
Article 10 — paragraph 2 — subparagraph 5
Text proposed by the Commission |
Amendment |
Where the roadworthiness certificate or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II, , has been carried out in the course of the preceding month , the inspector shall not check this item, except where justified on the grounds of an obvious deficiency. |
Where the roadworthiness certificate corresponding to the most recent roadworthiness test, voluntary regular vehicle safety inspection or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II has been carried out in the course of the preceding three months , the inspector shall not check that item, except where such inspection is justified on the grounds of an obvious deficiency. |
Amendment 52
Proposal for a regulation
Article 11 — paragraph 2
Text proposed by the Commission |
Amendment |
2. Where the inspections are to be carried out in a testing centre, the place of the initial roadside inspection shall not be fixed more than 10 km away from this centre. |
2. Where the inspections are to be carried out in a testing centre, they must be carried as soon as possible out in the nearest centre. |
Amendment 53
Proposal for a regulation
Article 11 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension and emissions of the vehicle. |
3. Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension, emissions and weight of the vehicle. |
Amendment 54
Proposal for a regulation
Article 12 — paragraph 2 — indent 3
Text proposed by the Commission |
Amendment |
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Amendment 55
Proposal for a regulation
Article 13
Text proposed by the Commission |
Amendment |
Article 13 |
Article 13 |
Specific rules concerning the inspection of cargo securing |
Inspection of cargo securing |
The inspector may subject a vehicle to an inspection of the cargo securing in accordance with Annex IV. The follow-up procedures referred to in Article 14 shall also apply in case of major or dangerous deficiencies related to cargo securing . |
Inspectors may subject a vehicle to an inspection of the cargo securing in accordance with existing standards. The outcome of such an inspection shall not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. |
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By …[align to date in Article 18a of the proposal for a Regulation on periodic roadworthiness tests], the Commission shall submit to the European Parliament and to the Council a report on the level of harmonisation in the area of cargo securing in road transport, the checking thereof at the roadside and the result of an analysis of methods to ensure that undertakings operating the vehicle, consignors, freight forwarders, loaders and other relevant operators involved in the handling of cargo are complying with cargo securing requirements. |
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The report shall be accompanied, if appropriate, by a legislative proposal. |
Amendment 56
Proposal for a regulation
Article 14 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in the vicinity of the inspection spot . |
1. Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in a location with the requisite equipment as close as possible to the place in which the initial or more detailed inspection was carried out . |
Amendment 57
Proposal for a regulation
Article 14 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
3. The inspector shall not authorise a vehicle classified with dangerous deficiencies, to be used until such deficiencies have been rectified on the spot of the inspection. The inspector may authorise such a vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on the condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of its occupants or other road users. |
3. The inspector shall not authorise a vehicle classified with dangerous deficiencies to be used until such deficiencies have been rectified on the spot where the inspection took place or at one of the closest workshops . If deficiencies are detected in areas of a vehicle that are referred to in Article 10(2), the inspector shall authorise the vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach that workshop and that there is no immediate risk to the safety of occupants of the vehicle or other road users. |
Amendment 58
Proposal for a regulation
Article 14 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest location where this vehicle can be repaired or impounded. |
The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest available location where it can be repaired or impounded. |
Amendment 59
Proposal for a regulation
Article 16 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The inspector shall communicate to the competent authority the results of the more detailed roadside inspections within a reasonable time limit following these inspections. The competent authority shall keep this information for 36 months from the date of its reception . |
2. The inspector shall communicate electronically to the competent authority the results of the more detailed roadside inspections within a reasonable time following those inspections. The competent authority shall introduce that information in the national register referred to in Regulation (EC) No 1071/2009 and shall keep it for 36 months from the date of its receipt . |
Amendment 60
Proposal for a regulation
Article 16 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The results of the roadside inspection shall be communicated to the registration authority of the vehicle. |
3. The results of the roadside inspection shall be communicated electronically to the registration authority of the vehicle , to the owner of the vehicle and, in the case of vehicles registered in another Member State, through the use of ERRU, as provided for in Regulation (EC) No 1071/2009. |
Amendment 61
Proposal for a regulation
Article 18 — paragraph 1
Text proposed by the Commission |
Amendment |
1. When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of this inspection |
1. When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of that inspection. |
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The Member State of registration shall take that information into account when classifying undertakings pursuant to Article 6(2). |
This information shall contain the elements of the roadside inspection report as set out in Annex VI. |
That information shall contain the elements of the roadside inspection report as set out in Annex VI , shall be in a standardised format and shall be communicated through the national electronic register referred to in Article 16 of Regulation (EC) No 1071/2009. |
The Commission shall adopt detailed rules concerning the procedures and formats for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2). |
The Commission shall adopt detailed rules concerning the procedures for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2). |
Amendment 62
Proposal for a regulation
Article 18 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The competent authority of the Member State of registration of the vehicle shall inform the Member State of inspection of the action taken. |
The competent authority of the Member State of registration of the vehicle shall inform the competent authority of the Member State of inspection of the action taken and introduce the information into ERRU . |
Amendment 63
Proposal for a regulation
Article 18 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. In the event that major or dangerous deficiencies are found, the name of the operator shall be provided to the contact point in accordance with Article 16. |
Amendment 64
Proposal for a regulation
Article 18 — paragraph 2 b (new)
Text proposed by the Commission |
Amendment |
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2b. The Member State of registration shall provide information to the authority performing a technical roadside inspection concerning the risk profile of the undertaking whose vehicle is being inspected. That information shall be provided by electronic means within a reasonable time. The Commission shall adopt implementing acts concerning detailed rules on the procedures for the provision of such information to such authorities. |
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Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2). |
Amendment 65
Proposal for a regulation
Article 20 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission shall report the data collected to the European Parliament . |
The Commission shall submit to the European Parliament a report summarising the data collected. |
Amendment 66
Proposal for a regulation
Article 22 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The delegation of power referred to in Article 21 shall be conferred for an indeterminate period of time [from the date of entry into force of this Regulation.] |
2. The delegation of power referred to in Article 21 shall be conferred on the Commission for a period of five years [from the date of entry into force of this Regulation.] The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. |
Amendment 67
Proposal for a regulation
Article 24 — paragraph 2
Texte proposé par la Commission |
Amendement |
2. Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and to rectify deficiencies detected during an inspection . |
2. Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and for the illegal use of a vehicle resulting from non-compliance with Article 14 . |
Amendment 68
Proposal for a regulation
Annex II — part 2 — item 5.2.2 — point d a (new)
Text proposed by the Commission |
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Visual inspection of both side of each wheel |
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Amendment by Parliament |
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Visual inspection of both side of each wheel |
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Amendment 69
Proposal for a regulation
Annex II — part 2 — item 5.2.3 — column 2: Method
Text proposed by the Commission |
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Visual inspection of the entire tyre by rolling the vehicle backwards and forwards. |
Amendment by Parliament |
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Visual inspection of the entire tyre by rolling the vehicle backwards and forwards. |
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Use a pressure gauge to measure tyre pressure and compare it with the values given by the manufacturer. |
Amendment 70
Proposal for a regulation
Annex III — part 1 — heading: Dangerous deficiencies — paragraph 1
Text proposed by the Commission |
Amendment |
Deficiencies that constitute a direct and immediate risk to road safety . Further use of the vehicle on the road is not permitted , although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle. |
Deficiencies that constitute a direct and immediate risk to road safety justifying the Member State concerned or its competent authorities banning the vehicle from the road , although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle. |
Amendment 71
Proposal for a regulation
Annex 3 — part 2 — item 5.2.3 — point e
Text proposed by the Commission |
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Amendment by Parliament |
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Amendment 72
Proposal for a regulation
Annex 3 — part 2 — item 5.2.3 — point g a (new)
Text proposed by the Commission |
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Amendment by Parliament |
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Amendment 73
Proposal for a regulation
Annex IV
Text proposed by the Commission |
Amendment |
[…] |
deleted |
(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0207/2013).
(2) OJ L 102, 11.4.2006, p. 1.
(3) OJ L 370, 31.12.1985, p. 8.