### 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 . ### 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 . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of adequate samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information , including any information supplied by recognised third - party testers .


### 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 . ### 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 .


### 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 . ### 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 , under the guidance of the forum established in article 10 .


### 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 . ### the manufacturer shall ensure that the vehicles , systems , components or separate technical units that are placed on the market , or have entered into service were manufactured and approved in accordance with the requirements set out in this regulation .


### 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 . ### 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 .


### 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 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 where 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 .


### 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 . ### where the vehicle , system , component , separate technical unit , part or equipment presents a serious risk , the manufacturer shall immediately provide detailed information on the risk and on any measures taken to the approval and market surveillance authorities of the member states .


### the manufacturer shall keep the information package referred to in article 24 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 type - approval certificate and its attachments for a period of ten years after the end of validity of the vehicle eu type - approval and for a period of five years after the end of validity of the eu type - approval of a system , component or separate technical unit .


### the vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in article 34 . ### the vehicle manufacturer shall keep at the disposal of the approval authorities for a period of ten years a copy of the certificates of conformity referred to in article 34 .


### 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 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 , provide that authority , with a copy of the eu type - approval certificate or the authorisation referred to in article 55 demonstrating conformity of the vehicle , system , component or separate technical unit , part or equipment in a language that can be easily understood by the national authority .


### obligations of manufacturer’s representatives concerning market surveillance ### obligations of manufacturer’s representatives


### 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 : ### 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 :


### have access to the information folder referred to in article 22 and the certificate of conformity referred to in article 34 in one of the official union languages . such documentation shall be made available to the approval authorities 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 ; ### have access to the type - approval certificate and its attachments and the certificate of conformity in one of the official union languages . such documentation shall be made available to the approval authorities 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 ;


### 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 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 . ### 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 .


### 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 . ### where 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 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 .


### 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 . ### the importer shall , to protect the health and safety of consumers , 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 shall keep his distributors informed of such complaints and recalls .


### 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 . ### 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 .


### 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 .


### 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 . ### where 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 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 .


### 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 . ### 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 .


### for system type - approval , component type - approval and separate technical unit type - approval only the single - step type - approval is applicable . ### 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 .


### 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 . ### 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 .


### an information document , as set out in annex i for single - step or mixed type - approval or in annex iii for step - by - step type - approval ; ### an information document , as set out in annex i for single - step or mixed whole - vehicle type - approval or in annex iii for step - by - step whole - vehicle type - approval or in the relevant regulatory acts in case of the approval of a system , component or separate technical unit ;


### any additional information requested by the approval authority in the context of the application procedure . ### any additional information requested by the approval authority in the context of the type - approval procedure .


### 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 or unece type - approval certificates , including the test reports and information documents , required pursuant to the regulatory 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 , 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 or unece type - approval certificates , including the test reports and information documents , required pursuant to the regulatory acts listed in annex iv .


### 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 .


### in the first stage , those parts of the information folder and the eu type - approval certificates that are relevant to the state of completion of the base vehicle ; ### in the first stage , those parts of the information folder and , if applicable , the test reports and the eu or unece type - approval certificates that are relevant to the state of completion of the base vehicle ;


### in the second and subsequent stages , those parts of the information folder and the eu type - approval certificates that are relevant to the current stage of completion , together with a copy of the eu type - approval certificate for the vehicle issued at the preceding stage of construction and full details of any changes or additions that the manufacturer has made to the vehicle . ### in the second and subsequent stages , those parts of the information folder and the eu type - approval certificates that are relevant to the current stage of completion , together with a copy of the eu whole - vehicle type - approval certificate for the vehicle issued at the preceding stage of construction and full details of any changes or additions that the manufacturer has made to the vehicle .


### the information specified in points and may be supplied in accordance with article 22 . ### the information specified in points and shall be supplied in accordance with article 22 .


### in the case of whole - vehicle type - approvals according to the step - by - step , mixed and multi - stage procedures , the approval authority shall verify , in accordance with article 20 , that the systems , components and separate technical units are covered by separate type - approvals pursuant to the requirements applicable at the time of granting the whole - vehicle type - approval . ### in the case of whole - vehicle type - approvals according to the step - by - step , mixed and multi - stage procedures , the approval authority shall verify , in accordance with article 20 , that the systems , components and separate technical units are covered by separate valid type - approvals pursuant to the requirements applicable at the time of granting the whole - vehicle type - approval .


### 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 .


### in accordance with article 20 and , 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 .


### 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 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 , by means of a common secure electronic exchange system or in the form of a secure electronic file .


### in the case of a whole - vehicle type - approval , a filled - out specimen of the certificate of conformity . ### in the case of a whole - vehicle type - approval , a filled - out specimen of the certificate of conformity of the vehicle type .


### 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 . ### 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 . the format of the test reports shall comply with the general requirements as laid down in appendix 3 to annex v .


### 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 . ### the manufacturer shall provide the technical services with the vehicles , systems , components or separate technical units that are required under the relevant regulatory acts listed in annex iv for the performance of the required tests .


### 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 . ### 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 .


### 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 . ### 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 , with the requirements of this regulation or the requirements of the regulatory acts listed in annex iv , 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 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 .


### 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 . ### 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 .


### 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 . ### type - approvals for vehicle shall be issued for a limited period of eight years . the expiry date shall be indicated in the eu type - approval certificate . before 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 vehicles of that approved type . where the approved type has not changed , such verification shall not require the repetition of any tests carried out under article 28 . 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 6 months before the expiry date of the eu type - approval certificate .


### 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 . ### 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 .


### 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 . ### 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 .


### 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 . ### 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 .


### 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 . ### 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 .


### 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 . ### 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 .


### 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 / ec28 . __________________ 28 council directive 1999 / 37 / ec of 29 april 1999 on the registration documents for vehicles . ### 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 .


### 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 . ### 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 .


### 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 . ### 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 .


### 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 . ### 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 .


### 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 .


### end - of - series vehicles for which the eu type - approval has become invalid pursuant to article 33 may only be made available on the market , registered or entered into service , provided that the requirement set out in paragraph 4 and the time limits laid down in paragraphs 2 and 4 are complied with . ### end - of - series vehicles for which the eu type - approval has become invalid pursuant to article 33 may only be registered or entered into service , provided that the requirement set out in paragraph 4 is complied with .


### 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 .


### 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 national 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 .


### 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 that granted the eu type - approval shall , within one month of receipt of that request , permit the placing on the market , registration and entry into service of those vehicles within the union . the national type - approval authority that granted the approval shall communicate within one month the vin of the vehicles concerned to the other member states .


### 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 of article 33 , may be made available on the market , registered or entered into service in the union . ### 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 of article 33 , may be registered or entered into service in the union .


### 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 . ### member states shall keep records of the vin of the vehicles that they registered or entered into service in accordance with this article .


### procedure for dealing with vehicles , systems , components or separate technical units presenting a serious risk at national level ### procedure for dealing with vehicles , systems , components or separate technical units presenting a serious risk


### notification and objection procedures related to restrictive measures taken at national level ### notification and objection procedures related to restrictive measures taken in cases of serious risk


### 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 . ### 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 . in the case of justified restrictive measures , member states shall take the necessary equivalent restrictive measures in respect of the vehicle , system , component or separate technical unit concerned .


### union safeguard procedure ### union safeguard procedure in cases of serious risk


### where , during the procedure set out in article 50 and , 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 . ### where , during the procedure set out in article 50 and , 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 without delay enter into consultation with the member states and the relevant economic operator or operators and shall evaluate the national measure . 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 .


### 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 . ### 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 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### 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 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 . ### 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 or market surveillance authorities 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 with those requirements , or take restrictive measures , either 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 . article 21 of regulation no 765 / 2008 shall apply to the restrictive measures referred to in the first subparagraph .


### 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 . ### deviations from the particulars in the eu type - approval certificate or the information package shall constitute formal non - conformity with the approved type . approval authorities or market surveillance authorities of a member state shall require the relevant economic operator to rectify such formal non - conformity . where the non - conformity persists , those authorities may take further necessary restrictive measures as set out in paragraph 1 .


### 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 . ### where no conformity exists , other than formal non - conformity as referred to in article 53 , the approval authority or market surveillance authority shall 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 .


### 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 . ### 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 . where appropriate , 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 .


### where , within one month after the notification of the restrictive measures taken in accordance with article 53 , 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 . ### where , within one month after the notification of the restrictive measures taken in accordance with article 53 , 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 . in the case of justified restrictive measures , member states shall take the necessary equivalent restrictive measures in respect of the vehicle , system , component or separate technical unit concerned .


### a manufacturer who has been granted a whole - vehicle type - approval and is obliged to recall vehicles in accordance with article 12 , article 15 , article 17 , article 49 , article 49 , article 51 , article 52 , and article 53 of this regulation or article 20 of regulation no 765 / 2008 , shall immediately inform the approval authority that granted the whole - vehicle type - approval thereof . ### a manufacturer who has been granted a whole - vehicle type - approval and is obliged to recall vehicles in accordance with article 12 , article 15 , article 17 , article 49 , article 52 , and article 53 of this regulation or article 20 of regulation no 765 / 2008 , shall immediately inform the approval authority that granted the whole - vehicle type - approval thereof .


### 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 , article 15 , article 17 , article 49 , article 49 , article 51 , article 52 , and article 53 of this regulation or article 20 of regulation no 765 / 2008 , shall immediately inform the approval authority that granted the eu type - approval . ### 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 , article 15 , article 17 , article 49 , article 52 , and article 53 of this regulation or article 20 of regulation no 765 / 2008 , shall immediately inform the approval authority that granted the eu type - approval .


### where the measure is of general scope , it shall be appropriately published in the national official journal or in an equivalent instrument . ### where the measure is of general scope , it shall be appropriately published in the national official journal , on the homepage of the type - approval authority , on the homepage of the market surveillance authority or in an equivalent instrument .


### 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 include transitional provisions , where appropriate , and , where applicable 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 .


### 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 . ### 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 .


### the final manufacturer shall be responsible for providing to independent operators information about the whole vehicle . ### 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 and the link to the previous stage .


### the type approval authority designated by the member state in accordance with article 7 , 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 . ### the type approval authority designated by the member state in accordance with article 7 , or the accreditation body in accordance with regulation no 765 / 2008 , hereinafter referred to as the ' designating 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 .


### 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 . ### the designating 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 .


### 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 . ### the designation of a technical service shall not be done by the personnel who carried out the assessment of the technical service .


### 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 . ### the personnel of the designating authority who is responsible for the assessment , designation , notification and monitoring of the technical service shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis .


### the type - approval authority shall be peer - reviewed by two type - approval authorities of other member states every two years . ### the designating authority shall be peer - reviewed by two designating authorities of other member states .


### category b : supervision of the tests referred to in this regulation and in the acts listed in annex iv , where those tests are performed in the manufacturer’s facilities or in the facilities of a third party ; ### category b : supervision of the tests , including test preparation , referred to in this regulation and in the acts listed in annex iv , where those tests are performed in the manufacturer’s facilities or in the facilities of a third party ; test preparation and supervision shall be carried out by a supervisor from the technical service ;


### 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 . ### 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 .


### 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 , or have those activities carried out by a subsidiary . ### technical services may subcontract , with the agreement of their designating authority , some of the categories of activities for which they have been designated in accordance with article 72 , or have those activities carried out by a subsidiary .


### 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 . ### 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 thereof .


### 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 . ### technical services shall keep at the disposal of the designating authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them .


### 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 designating a technical service , the designating 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 .


### 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 . ### representatives of the designating authorities of at least two other member states shall , in coordination with the designating 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 authority of the applicant technical service shall give those representatives timely access to the documents necessary to assess the applicant technical service .


### 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 . ### the member states shall notify to the commission the names of the representatives of the designating authority to call upon for each joint assessment .


### 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 .


### 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 . ### the notifying designating authority shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with article 71 .


### 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 . . ### 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 . .


### 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 . ### 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 .


### 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 . ### 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 .


### 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 . ### 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 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 .


### 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 . ### 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 .


### 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 , the member state shall make the notification referred to in paragraph 1 . ### 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 , the member state shall make the notification referred to in paragraph 1 .


### 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 .


### 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 .


### 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 .


### 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 .


### 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 : ### 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 :


### in the case of suspension of a notification , on condition that , within three months after the suspension , the type - approval authority that issued the type - approval certificate confirms in writing to the type - approval authorities of the other member states and the commission that it is assuming the functions of the technical service during the period of suspension ; ### in the case of suspension of a designation , on condition that , within three months after the suspension , the type - approval authority that issued the type - approval certificate confirms in writing to the type - approval authorities of the other member states and the commission that it is assuming the functions of the technical service during the period of suspension ;


### in the case of restriction or withdrawal of a notification , for a period of three months after the restriction or withdrawal . the type - approval authority that issued the certificates may extend the validity of the certificates for further periods of three months , for a maximum period altogether , of twelve months , provided it is assuming during that period the functions of the technical service whose notification has been restricted or withdrawn . ### in the case of restriction or withdrawal of a designation , for a period of three months after the restriction or withdrawal . the type - approval authority that issued the certificates may extend the validity of the certificates for further periods of three months , for a maximum period altogether , of twelve months , provided it is assuming during that period the functions of the technical service whose notification has been restricted or withdrawn .


### 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 . ### 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 .


### 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 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 .


### 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 to verify compliance with those requirements .


### 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 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 .


### 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 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 .


### 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 responsible member state . this assessment shall be carried out by a joint assessment team designated in accordance with the procedure described in article 77 to and shall include an on - site visit to each technical service under its responsibility .


### 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 in article 10 .


### the exchange of information shall be co - ordinated by the forum referred to in article 10 . ### the exchange of information shall be co - ordinated by the forum established in article 10 .


### where designation of a technical service is based on accreditation within the meaning of regulation 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 . ### where designation of a technical service is also based on accreditation within the meaning of regulation 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 .


### allow their approval authority to witness the performance of the technical service during the conformity assessment ; ### allow their approval authority to witness the performance of the technical service during the testing for type - approval ;


### making available on the market vehicles , systems , components or separate technical units subject to approval without such approval or falsifying documents or markings with that intention . ### making available on the market vehicles , systems , components or separate technical units subject to approval without such approval or falsifying documents , certificates of conformity , statutory plates or approval marks with that intention .


### where the compliance verification by the commission referred to in article 9 and , or article 54 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 and , or article 54 reveals non - compliance of the vehicle , system , component , separate technical unit with the requirements laid down in this regulation , the commission may evaluate the need to impose administrative fines upon the concerned economic operator for the infringement of this regulation . on the basis of such evaluations , the commission shall adopt implementing acts containing its decision to impose administrative fines . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . 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 .


### 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 implementing acts referred to in paragraph 1 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 . in addition , those implementing acts shall not be adopted prior to the conclusion of any actions pursued under administrative procedures implemented by member states and communicated to the commission in accordance with article 89 .


### units 1 000 0 1000 0 0 0 ### units 1500 0 1500 1500 0 0


### units 100 250 500 until 31october 2016 250 from 1 november 2016 250 500 250 ### units 250 250 500 until 31october 2016 250 from 1 november 2016 250 500 250


### 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 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 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 .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited , and relevant legislation must be future - proof so as not to restrict technological development . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ' towards a modern , more european copyright framework ' 26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . in accordance with the principle of subsidiarity , such exceptions or limitations should complement , rather than replace , existing text and data mining exceptions in member states . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where users have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area and action lines envisaged in the european open science agenda will suffer unless steps are taken to address the legal uncertainty for text and data mining .


### in view of a potentially high number of access requests to and downloads of their works or other subject - matter , rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject - matter are hosted would be jeopardised . those measures should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exception . ### in view of a potentially high number of access requests to and downloads of their works or other subject - matter , rightholders should be allowed to apply measures where there is risk that the security of the system or databases where the works or other subject - matter are hosted could be jeopardised . those measures should not exceed what is necessary to pursue the objective of ensuring the security of the system and should not undermine the effective application of the exception . these measures should not prevent or exclude the ability to develop and use text and data mining tools different from those offered by the rightholder as long as the security of the networks and databases is protected .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their direct contractual counterparts or their successors in title is necessary for the transparency and balance in the system that governs the remuneration of authors and performers .


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should undertake appropriate consultation with all relevant stakeholders , since this will help determine sector - specific requirements . where collective bargaining is not already established practice , it should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations , as those are already subject to transparency obligations under directive 2014 / 26 / eu , or where agreements concluded with individual authors or performers are based on or subject to collective bargaining agreements .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , and authors and performers may not always be able to renegotiate them with their contractual counterparts or their successors in title . therefore , where existing provisions for modification or annulment of contracts for the exploitation of rights do not already exist , member states should be able to provide for a remuneration adjustment mechanism for appropriate cases of better than expected success where the remuneration originally agreed under a licence or a transfer of rights has become manifestly disproportionate to the relevant net revenues and the benefits derived from the exploitation of the work or the fixation of the performance , taking into account the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . it should also consider the significance and nature of the contribution of the author or performer to the overall work or performance and where there are ongoing payment obligations that allow earnings to grow with success , for example , mechanisms such as royalties or profit share . in addition , any remuneration adjustment mechanism need not apply to agreements concluded with individual authors or performers based on or subject to collective bargaining agreements . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


### member states shall provide publishers of press publications with the rights provided for in article 2 and article 3 of directive 2001 / 29 / ec for the digital use of their press publications . ### when a contract concerning a press publication is concluded , individually or collectively , by authors with a publisher , the author covered by this contract shall be presumed , subject to contractual clauses to the contrary , to have transferred his rights provided for in article 2 and article 3 of directive 2001 / 29 / ec for the digital use of the press publications .


### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . ### member states may facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability and affordability of the technologies , and their effectiveness in respect of the range of types of content and in light of technological developments .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation and promotion of their works , including scientific works , and performances from those to whom they have licensed or transferred their rights , as well as subsequent transferees or licensees , &#160 ; and their successors in title , notably as regards modes of exploitation , revenues generated and remuneration due .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries , hospitals , providers of various modes of transport and historical or natural tourist sites .


### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution . ### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution .


### ' local wireless access point ' means a low power equipment of small size operating within a small range , using on a non - exclusive basis radio spectrum for which the conditions of availability and efficient use for this purpose are harmonised at union level , and which allows wireless access by users to an electronic communications network . ### ' local wireless access point ' means a low power equipment of small size operating within a small range , using on a non - exclusive basis radio spectrum for which the conditions of availability and efficient use for this purpose are harmonised at union level , and which allows free local wireless access by users to an electronic communications network .


### projects duplicating already existing private or public offers of similar characteristics , including quality , in the same area shall not be covered . ### projects duplicating or overlapping already existing private or public offers of similar characteristics , including quality , in the same area shall not be covered . the local wireless access points funded under this regulation shall cover primarily public spaces .