# C_2018298EN.01015601.xml

| 23.8.2018 | EN | Official Journal of the European Union | C 298/156 |
| --- | --- | --- | --- |

23.8.2018

EN

Official Journal of the European Union

C 298/156

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P8_TA(2017)0097

Approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ***I

Amendments adopted by the European Parliament on 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (COM(2016)0031 — C8-0015/2016 — 2016/0014(COD)) (1)

(Ordinary legislative procedure: first reading)

(2018/C 298/22)

Amendment 1

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. Internal market rules should be transparent, simple
  and
  consistent, thus providing legal certainty and clarity for the benefit of businesses and consumers. |

Text proposed by the Commission

Amendment

(1)

The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. Internal market rules should be transparent, simple
  and
  consistent, thus providing legal certainty and clarity for the benefit of businesses and consumers.

| (1) | The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. Internal market rules should be transparent, simple, consistent
  and effective
  , thus providing legal certainty and clarity for the benefit of businesses and consumers. |
| --- | --- |

(1)

The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. Internal market rules should be transparent, simple, consistent
  and effective
  , thus providing legal certainty and clarity for the benefit of businesses and consumers.

Amendment 2

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | In that assessment it was concluded, however, that there is a need to introduce market surveillance provisions to complement the type-approval requirements, a need to clarify the recall and safeguard procedures, as well as the conditions for granting extensions to approvals for existing types of vehicle, a need to improve the enforcement of the type-approval framework by harmonising and enhancing the type-approval and conformity of production procedures applied by Member States’ authorities and technical services, a need to
  clarify
  the roles and responsibilities of economic operators in the supply chain, and of the authorities and parties involved in the enforcement of the framework, and a need to improve the suitability of alternative type-approval schemes (national small series and individual vehicle approvals) and of the multi-stage type-approval process to provide appropriate flexibility for niche markets and SMEs, without however distorting the level playing field. |

Text proposed by the Commission

Amendment

(4)

In that assessment it was concluded, however, that there is a need to introduce market surveillance provisions to complement the type-approval requirements, a need to clarify the recall and safeguard procedures, as well as the conditions for granting extensions to approvals for existing types of vehicle, a need to improve the enforcement of the type-approval framework by harmonising and enhancing the type-approval and conformity of production procedures applied by Member States’ authorities and technical services, a need to
  clarify
  the roles and responsibilities of economic operators in the supply chain, and of the authorities and parties involved in the enforcement of the framework, and a need to improve the suitability of alternative type-approval schemes (national small series and individual vehicle approvals) and of the multi-stage type-approval process to provide appropriate flexibility for niche markets and SMEs, without however distorting the level playing field.

| (4) | In that assessment it was concluded, however, that there is a need to introduce market surveillance provisions to complement the type-approval requirements, a need to clarify the recall and safeguard procedures, as well as the conditions for granting extensions to approvals for existing types of vehicle, a need to improve the enforcement of the type-approval framework by harmonising and enhancing the type-approval and conformity of production procedures applied by Member States’ authorities and technical services, a need to
  clearly delineate
  the roles and responsibilities of economic operators in the supply chain, and of the authorities and parties involved in the enforcement of the framework,
  ensuring that those roles and responsibilities do not overlap, guaranteeing the independence of the aforementioned operators, authorities and parties, and preventing conflicts of interest,
  and a need to improve the suitability of alternative type-approval schemes (national small series and individual vehicle approvals) and of the multi-stage type-approval process to provide appropriate flexibility for niche markets and SMEs, without however distorting the level playing field. |
| --- | --- |

(4)

In that assessment it was concluded, however, that there is a need to introduce market surveillance provisions to complement the type-approval requirements, a need to clarify the recall and safeguard procedures, as well as the conditions for granting extensions to approvals for existing types of vehicle, a need to improve the enforcement of the type-approval framework by harmonising and enhancing the type-approval and conformity of production procedures applied by Member States’ authorities and technical services, a need to
  clearly delineate
  the roles and responsibilities of economic operators in the supply chain, and of the authorities and parties involved in the enforcement of the framework,
  ensuring that those roles and responsibilities do not overlap, guaranteeing the independence of the aforementioned operators, authorities and parties, and preventing conflicts of interest,
  and a need to improve the suitability of alternative type-approval schemes (national small series and individual vehicle approvals) and of the multi-stage type-approval process to provide appropriate flexibility for niche markets and SMEs, without however distorting the level playing field.

Amendment 3

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | In addition, recent problems encountered with the implementation of the type-approval framework have revealed particular weaknesses and demonstrate the need for
  a fundamental revision
  to ensure
  a
  robust, transparent, predictable and sustainable
  regulatory framework that
  provides a high level of safety and of health and environmental protection. |

Text proposed by the Commission

Amendment

(5)

In addition, recent problems encountered with the implementation of the type-approval framework have revealed particular weaknesses and demonstrate the need for
  a fundamental revision
  to ensure
  a
  robust, transparent, predictable and sustainable
  regulatory framework that
  provides a high level of safety and of health and environmental protection.

| (5) | In addition, recent problems encountered with the implementation of the type-approval framework have revealed particular weaknesses and demonstrate the need for
  further strengthening of that regulatory framework
  to ensure
  that it is
  robust, transparent, predictable and sustainable
  and
  provides a high level of safety and of health and environmental protection. |
| --- | --- |

(5)

In addition, recent problems encountered with the implementation of the type-approval framework have revealed particular weaknesses and demonstrate the need for
  further strengthening of that regulatory framework
  to ensure
  that it is
  robust, transparent, predictable and sustainable
  and
  provides a high level of safety and of health and environmental protection.

Amendment 4

Proposal for a regulation

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | As consumer protection is a priority of the Union, manufacturers of vehicles circulating in the Union should be required to submit those vehicles for testing before being placed on the market and during their lifetime. Member States and the Commission should be guarantors of this double surveillance, the one being able to act where the other fails to do so. |

Text proposed by the Commission

Amendment

(5a)

As consumer protection is a priority of the Union, manufacturers of vehicles circulating in the Union should be required to submit those vehicles for testing before being placed on the market and during their lifetime. Member States and the Commission should be guarantors of this double surveillance, the one being able to act where the other fails to do so.

Amendment 5

Proposal for a regulation

Recital 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5b) | The Union should do all it can to prevent cheating by car manufacturers designed to manipulate pollution emission and fuel consumption tests in order to produce false results or circumvent any other rules. Such manipulation should stop once and for all. |

Text proposed by the Commission

Amendment

(5b)

The Union should do all it can to prevent cheating by car manufacturers designed to manipulate pollution emission and fuel consumption tests in order to produce false results or circumvent any other rules. Such manipulation should stop once and for all.

Amendment 6

Proposal for a regulation

Recital 5 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5c) | This Regulation seeks to address the slow pace of vehicle recall operations in the Union. The existing procedure does not guarantee effective protection of European citizens, unlike the US procedure, which allowed action to be taken quickly. From this perspective, it is essential to allow the Commission to require economic operators to take all necessary restrictive measures, including the recall of vehicles, in order that non-conforming vehicles, systems, components or other separate technical units are brought into line with this Regulation. |

Text proposed by the Commission

Amendment

(5c)

This Regulation seeks to address the slow pace of vehicle recall operations in the Union. The existing procedure does not guarantee effective protection of European citizens, unlike the US procedure, which allowed action to be taken quickly. From this perspective, it is essential to allow the Commission to require economic operators to take all necessary restrictive measures, including the recall of vehicles, in order that non-conforming vehicles, systems, components or other separate technical units are brought into line with this Regulation.

Amendment 7

Proposal for a regulation

Recital 5 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5d) | If an irregularity is detected in vehicles in circulation which is contrary to the initial authorisation rules and/or puts consumer safety at risk or exceeds pollution limits, it is in the interests of European consumers to be able to count on rapid, appropriate and coordinated corrective measures, including, where necessary, vehicle recall applicable throughout the Union. Member States should provide the Commission with all the information in their possession so that it can take appropriate, rapid action to defend the integrity of the single market. |

Text proposed by the Commission

Amendment

(5d)

If an irregularity is detected in vehicles in circulation which is contrary to the initial authorisation rules and/or puts consumer safety at risk or exceeds pollution limits, it is in the interests of European consumers to be able to count on rapid, appropriate and coordinated corrective measures, including, where necessary, vehicle recall applicable throughout the Union. Member States should provide the Commission with all the information in their possession so that it can take appropriate, rapid action to defend the integrity of the single market.

Amendment 8

Proposal for a regulation

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | This Regulation sets out the harmonised rules and principles for the type-approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, and the individual vehicle approval, with a view to ensuring the
  proper functioning of
  the internal market for the benefit of businesses and consumers and
  to offer
  a high level of safety and protection of health and the environment. |

Text proposed by the Commission

Amendment

(6)

This Regulation sets out the harmonised rules and principles for the type-approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, and the individual vehicle approval, with a view to ensuring the
  proper functioning of
  the internal market for the benefit of businesses and consumers and
  to offer
  a high level of safety and protection of health and the environment.

| (6) | This Regulation sets out the harmonised rules and principles for the type-approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, and the individual vehicle approval, with a view to ensuring the
  consistent application of high-quality standards for verifying conformity of production, enabling
  the internal market
  to function properly
  for the benefit of businesses and,
  with full and proper regard for the rights of
  consumers
  , whilst offering
  a high level of safety and protection of health and the environment. |
| --- | --- |

(6)

This Regulation sets out the harmonised rules and principles for the type-approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, and the individual vehicle approval, with a view to ensuring the
  consistent application of high-quality standards for verifying conformity of production, enabling
  the internal market
  to function properly
  for the benefit of businesses and,
  with full and proper regard for the rights of
  consumers
  , whilst offering
  a high level of safety and protection of health and the environment.

Amendment 9

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring
  an adequate
  level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively. |

Text proposed by the Commission

Amendment

(7)

This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring
  an adequate
  level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively.

| (7) | This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring
  a high
  level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively. |
| --- | --- |

(7)

This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring
  a high
  level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively.

Amendment 10

Proposal for a regulation

Recital 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | This Regulation should ensure reliable, harmonised and transparent type-approval and market surveillance procedures in the Member States. |

Text proposed by the Commission

Amendment

(7a)

This Regulation should ensure reliable, harmonised and transparent type-approval and market surveillance procedures in the Member States.

Amendment 11

Proposal for a regulation

Recital 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7b) | This Regulation should ensure that the national type-approval authorities interpret, apply and enforce its requirements across the Union. The Commission should be empowered to oversee the work of the national authorities by means of regular audits, re-tests of random samples of the type-approvals issued and general monitoring of the harmonised application of this Regulation. |

Text proposed by the Commission

Amendment

(7b)

This Regulation should ensure that the national type-approval authorities interpret, apply and enforce its requirements across the Union. The Commission should be empowered to oversee the work of the national authorities by means of regular audits, re-tests of random samples of the type-approvals issued and general monitoring of the harmonised application of this Regulation.

Amendment 12

Proposal for a regulation

Recital 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (8a) | For the purposes of compliance with this Regulation, regard should be had to the provisions of Directive 2014/45/EU of the European Parliament and of the Council

   (1a)

  . |

Text proposed by the Commission

Amendment

(8a)

For the purposes of compliance with this Regulation, regard should be had to the provisions of Directive 2014/45/EU of the European Parliament and of the Council

   (1a)

  .

Amendment 13

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | An
  effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by
  , inter alia
  , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities . The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to
  assure their consistent application
  . The
  assessment
  methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services. |

Text proposed by the Commission

Amendment

(9)

An
  effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by
  , inter alia
  , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities . The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to
  assure their consistent application
  . The
  assessment
  methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services.

| (9) | Effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by
  giving better access to information, by firmly framing optimisation techniques during lab testing, by paying particular attention to the risk of illegal defeat devices the use of which is forbidden by Regulation (EC) No 715/2007 of the European Parliament and of the Council

   (1a),
  by
  providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing
  and harmonising
  the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities. The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to
  ensure that they are applied consistently across all Member States
  . The methods of
  assessing
  technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services.
  In order to ensure adequate oversight and a level playing-field across the Union, the assessment of an applicant technical service should include an on-site assessment and observation at first hand of the actual type-approval tests carried out. |
| --- | --- |

(9)

Effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by
  giving better access to information, by firmly framing optimisation techniques during lab testing, by paying particular attention to the risk of illegal defeat devices the use of which is forbidden by Regulation (EC) No 715/2007 of the European Parliament and of the Council

   (1a),
  by
  providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing
  and harmonising
  the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities. The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to
  ensure that they are applied consistently across all Member States
  . The methods of
  assessing
  technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services.
  In order to ensure adequate oversight and a level playing-field across the Union, the assessment of an applicant technical service should include an on-site assessment and observation at first hand of the actual type-approval tests carried out.

Amendment 14

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | The need for control and monitoring of technical services
  by the designating authorities
  has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established. |

Text proposed by the Commission

Amendment

(10)

The need for control and monitoring of technical services
  by the designating authorities
  has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.

| (10) | The need for
  certification,
  control and monitoring of technical services has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation
  . Due to the wide differences in interpretation of the current implementation of directive 2007/46/EC and the application of its provisions in the course of the type-approval procedure, considerable differences between technical services exist. The certification, control and monitoring should therefore be harmonised and increased to ensure a level playing field within the European single market
  . As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established. |
| --- | --- |

(10)

The need for
  certification,
  control and monitoring of technical services has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation
  . Due to the wide differences in interpretation of the current implementation of directive 2007/46/EC and the application of its provisions in the course of the type-approval procedure, considerable differences between technical services exist. The certification, control and monitoring should therefore be harmonised and increased to ensure a level playing field within the European single market
  . As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.

Amendment 15

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should
  cooperate
  with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist. |

Text proposed by the Commission

Amendment

(12)

In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should
  cooperate
  with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist.

| (12) | In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should
  establish cooperation mechanisms
  with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist.
  This Regulation establishes an online database, which together with the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council

   (1a)

  , could provide a useful electronic means to facilitate and enhance administrative cooperation managing the exchange of information on the basis of simple and unified procedures. For this purpose, the Commission should consider making use of existing online databases such as ETAES or Eucaris. |
| --- | --- |

(12)

In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should
  establish cooperation mechanisms
  with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist.
  This Regulation establishes an online database, which together with the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council

   (1a)

  , could provide a useful electronic means to facilitate and enhance administrative cooperation managing the exchange of information on the basis of simple and unified procedures. For this purpose, the Commission should consider making use of existing online databases such as ETAES or Eucaris.

Amendment 16

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | Current problems in the area of type-approval have brought to light major weaknesses in existing national systems of market surveillance and control of type-approval. It is therefore necessary, as an immediate response to the failures thus revealed, to empower the Commission to undertake appropriate supervisory tasks. |

Text proposed by the Commission

Amendment

(12a)

Current problems in the area of type-approval have brought to light major weaknesses in existing national systems of market surveillance and control of type-approval. It is therefore necessary, as an immediate response to the failures thus revealed, to empower the Commission to undertake appropriate supervisory tasks.

Amendment 17

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council (12), accreditation bodies and designating authorities should
  exchange information relevant for the assessment of the competence of
  technical services. |

Text proposed by the Commission

Amendment

(13)

Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council (12), accreditation bodies and designating authorities should
  exchange information relevant for the assessment of the competence of
  technical services.

| (13) | Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council (12), accreditation bodies and designating authorities should
  ensure that
  technical services
  are competent and independent
  . |
| --- | --- |

(13)

Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council (12), accreditation bodies and designating authorities should
  ensure that
  technical services
  are competent and independent
  .

Amendment 18

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | The Member States should levy fees for the designation and monitoring of technical services to ensure sustainability of the monitoring of those technical services by Member States and to establish a level playing field for technical services. In order to ensure transparency, the Member States should inform the Commission and the other Member States before they adopt the level and structure of the fees. |

Text proposed by the Commission

Amendment

(14)

The Member States should levy fees for the designation and monitoring of technical services to ensure sustainability of the monitoring of those technical services by Member States and to establish a level playing field for technical services. In order to ensure transparency, the Member States should inform the Commission and the other Member States before they adopt the level and structure of the fees.

deleted

Amendment 19

Proposal for a regulation

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14a) | Member States should ensure that fees are not paid directly to the technical service by the economic operator for the costs of type approvals and market surveillance activities. This provision should not restrict the ability for economic operators to choose the technical service that they wish to use for those activities. |

Text proposed by the Commission

Amendment

(14a)

Member States should ensure that fees are not paid directly to the technical service by the economic operator for the costs of type approvals and market surveillance activities. This provision should not restrict the ability for economic operators to choose the technical service that they wish to use for those activities.

Amendment 20

Proposal for a regulation

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type-approval fee structure that should cover the costs for carrying out all type-approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type-approval and the costs for carrying out ex-post compliance verification tests and inspections. |

Text proposed by the Commission

Amendment

(17)

The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type-approval fee structure that should cover the costs for carrying out all type-approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type-approval and the costs for carrying out ex-post compliance verification tests and inspections.

deleted

Amendment 21

Proposal for a regulation

Recital 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17a) | In order to allow market forces to work, technical services should apply the rules for the type-approval procedures in all transparency and uniformly, without creating unnecessary burden for economic operators. To guarantee a high level of technical expertise and a fair treatment of all economic operators, a uniform technical application of the rules for the type-approval procedures should be ensured. Within the Forum established by this Regulation, type-approval authorities should exchange information on the functioning of the different technical services which they certified. |

Text proposed by the Commission

Amendment

(17a)

In order to allow market forces to work, technical services should apply the rules for the type-approval procedures in all transparency and uniformly, without creating unnecessary burden for economic operators. To guarantee a high level of technical expertise and a fair treatment of all economic operators, a uniform technical application of the rules for the type-approval procedures should be ensured. Within the Forum established by this Regulation, type-approval authorities should exchange information on the functioning of the different technical services which they certified.

Amendment 22

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type-approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities
  is regularly verified by means of peer-reviews,
  to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. Moreover, it is important to provide for
  the
  verification of the correctness of the type approval itself. |

Text proposed by the Commission

Amendment

(18)

A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type-approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities
  is regularly verified by means of peer-reviews,
  to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. Moreover, it is important to provide for
  the
  verification of the correctness of the type approval itself.

| (18) | A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type-approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities
  be subject to regular supervisory controls at Union level, including independent audits
  , to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. Moreover, it is important to provide for
  EU-level
  verification
  by an independent third party
  of the correctness of the type approval itself. |
| --- | --- |

(18)

A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type-approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities
  be subject to regular supervisory controls at Union level, including independent audits
  , to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. Moreover, it is important to provide for
  EU-level
  verification
  by an independent third party
  of the correctness of the type approval itself.

Amendment 23

Proposal for a regulation

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | Type approval authorities and market surveillance authorities should not be linked when carrying out their tasks, so as to avoid potential conflicts of interest. In this regard, these authorities should be organised as distinct entities in accordance with the structure of the national administration and should not share members of staff or facilities in accordance with the structures and competences of national authorities. |

Text proposed by the Commission

Amendment

(19a)

Type approval authorities and market surveillance authorities should not be linked when carrying out their tasks, so as to avoid potential conflicts of interest. In this regard, these authorities should be organised as distinct entities in accordance with the structure of the national administration and should not share members of staff or facilities in accordance with the structures and competences of national authorities.

Amendment 24

Proposal for a regulation

Recital 19 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19b) | The Forum for Enforcement should provide a platform for the exchange of information and independent analysis to support improvements to the functioning and implementation of this Regulation. In the course of the exchange the Commission might have reason to consider that one or more type approval authorities are not in compliance with the requirements of this Regulation. In such instances the Commission should be able to take all necessary measures to ensure compliance, including the issuance of guidelines, recommendations or other instruments and recourse to other procedures, with due regard to proportionality. In cases of serious breach, the Commission should be able to require the withdrawal or suspension of the ability of the authority to accept applications for new type approvals, in order to safeguard a high level of consumer and environmental protection. |

Text proposed by the Commission

Amendment

(19b)

The Forum for Enforcement should provide a platform for the exchange of information and independent analysis to support improvements to the functioning and implementation of this Regulation. In the course of the exchange the Commission might have reason to consider that one or more type approval authorities are not in compliance with the requirements of this Regulation. In such instances the Commission should be able to take all necessary measures to ensure compliance, including the issuance of guidelines, recommendations or other instruments and recourse to other procedures, with due regard to proportionality. In cases of serious breach, the Commission should be able to require the withdrawal or suspension of the ability of the authority to accept applications for new type approvals, in order to safeguard a high level of consumer and environmental protection.

Amendment 25

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | It is
  necessary
  to include rules on market surveillance in this Regulation in order to reinforce the rights and obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities and to clarify the applicable procedures. |

Text proposed by the Commission

Amendment

(21)

It is
  necessary
  to include rules on market surveillance in this Regulation in order to reinforce the rights and obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities and to clarify the applicable procedures.

| (21) | It is
  fundamental
  to include rules on market surveillance in this Regulation in order to reinforce the rights and obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities and to clarify the applicable procedures. |
| --- | --- |

(21)

It is
  fundamental
  to include rules on market surveillance in this Regulation in order to reinforce the rights and obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities and to clarify the applicable procedures.

Amendment 26

Proposal for a regulation

Recital 21 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (21a) | It is necessary that the market surveillance authorities and the type-approval authorities can properly perform the tasks provided for by this Regulation. To this end, Member States should in particular equip them with the resources necessary for that purpose. |

Text proposed by the Commission

Amendment

(21a)

It is necessary that the market surveillance authorities and the type-approval authorities can properly perform the tasks provided for by this Regulation. To this end, Member States should in particular equip them with the resources necessary for that purpose.

Amendment 27

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities
  and
  the Commission
  , type approval documentation
  should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. |

Text proposed by the Commission

Amendment

(22)

In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities
  and
  the Commission
  , type approval documentation
  should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data.

| (22) | In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities, the Commission
  and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information for repair and maintenance purposes
  should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data.
  The information to be disclosed for these purposes should not be such as to undermine confidentiality of proprietary information and intellectual property. |
| --- | --- |

(22)

In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities, the Commission
  and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information for repair and maintenance purposes
  should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data.
  The information to be disclosed for these purposes should not be such as to undermine confidentiality of proprietary information and intellectual property.

Amendment 28

Proposal for a regulation

Recital 23 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23a) | Third parties who perform their own testing and verification of compliance of vehicles with the requirements of this Regulation should satisfy principles of transparency and openness, including with regard to ownership and funding structures and models. Those third parties should also comply with the same requirements as imposed on designated technical services as regards the scientific and methodological standards applied in the conduct of tests they carry out. |

Text proposed by the Commission

Amendment

(23a)

Third parties who perform their own testing and verification of compliance of vehicles with the requirements of this Regulation should satisfy principles of transparency and openness, including with regard to ownership and funding structures and models. Those third parties should also comply with the same requirements as imposed on designated technical services as regards the scientific and methodological standards applied in the conduct of tests they carry out.

Amendment 29

Proposal for a regulation

Recital 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| (24) | Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence. |

Text proposed by the Commission

Amendment

(24)

Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence.

| (24) | Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence.
  Moreover, it should be based on clear and detailed criteria and should include, inter alia, random percentage checks on all current models, on vehicles with a new engine or technology installed, on vehicles with high or very low fuel consumption and on vehicles with a very high sales volume. Furthermore, it should take into account any past history of compliance, tips from consumers, results of remote sensing testing and concerns expressed by independent research bodies. |
| --- | --- |

(24)

Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence.
  Moreover, it should be based on clear and detailed criteria and should include, inter alia, random percentage checks on all current models, on vehicles with a new engine or technology installed, on vehicles with high or very low fuel consumption and on vehicles with a very high sales volume. Furthermore, it should take into account any past history of compliance, tips from consumers, results of remote sensing testing and concerns expressed by independent research bodies.

Amendment 30

Proposal for a regulation

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24a) | It is essential for the Commission to be able to verify conformity with type-approvals and with the legislation applicable to vehicles, systems, components and separate technical units and to ensure the regularity of type-approvals by organising, carrying out or requiring to be carried out tests and inspections of vehicles, systems, components and separate technical units which have already been placed on the market. |

Text proposed by the Commission

Amendment

(24a)

It is essential for the Commission to be able to verify conformity with type-approvals and with the legislation applicable to vehicles, systems, components and separate technical units and to ensure the regularity of type-approvals by organising, carrying out or requiring to be carried out tests and inspections of vehicles, systems, components and separate technical units which have already been placed on the market.

Amendment 31

Proposal for a regulation

Recital 25 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (25a) | Third parties who perform their own testing and verification of compliance of vehicles with the requirements of this Regulation should satisfy principles of transparency and openness, including with regard to ownership and funding structures and models. Those third parties should also follow a similar approach to that of the designated technical services by complying with the same standards when conducting and interpreting tests. |

Text proposed by the Commission

Amendment

(25a)

Third parties who perform their own testing and verification of compliance of vehicles with the requirements of this Regulation should satisfy principles of transparency and openness, including with regard to ownership and funding structures and models. Those third parties should also follow a similar approach to that of the designated technical services by complying with the same standards when conducting and interpreting tests.

Amendment 32

Proposal for a regulation

Recital 25 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (25b) | Market surveillance should also take into account a risk-based approach, with focus on inter alia data obtained from roadside remote monitoring units, complaints, reports from periodic technical inspection, expected life-span and previously identified problem vehicles, systems, components and separate technical units. |

Text proposed by the Commission

Amendment

(25b)

Market surveillance should also take into account a risk-based approach, with focus on inter alia data obtained from roadside remote monitoring units, complaints, reports from periodic technical inspection, expected life-span and previously identified problem vehicles, systems, components and separate technical units.

Amendment 33

Proposal for a regulation

Recital 25 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (25c) | In order to verify vehicle emissions, market surveillance authorities should inter alia make use of remote sensing technology to help identify which aspects such as high levels of air or noise pollution, of which vehicle models, should be subject to further investigation. When doing so, the authorities should cooperate and coordinate their activities with authorities responsible for periodic technical inspections pursuant to Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles. |

Text proposed by the Commission

Amendment

(25c)

In order to verify vehicle emissions, market surveillance authorities should inter alia make use of remote sensing technology to help identify which aspects such as high levels of air or noise pollution, of which vehicle models, should be subject to further investigation. When doing so, the authorities should cooperate and coordinate their activities with authorities responsible for periodic technical inspections pursuant to Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles.

Amendment 347

Proposal for a regulation

Recital 25 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (25d) | For the purpose of supporting Member States in detecting defeat devices, the Commission published, on 26 January 2017, Guidance on the evaluation of Auxiliary Emission Strategies and the presence of Defeat Devices. Consistent with the provisions of that Guidance, the test activities of the Commission, type-approval authorities and technical services for the purpose of detecting defeat devices should remain non-predictable in character, also including variations beyond prescribed testing conditions and parameters, in order to effectively detect defeat devices. |

Text proposed by the Commission

Amendment

(25d)

For the purpose of supporting Member States in detecting defeat devices, the Commission published, on 26 January 2017, Guidance on the evaluation of Auxiliary Emission Strategies and the presence of Defeat Devices. Consistent with the provisions of that Guidance, the test activities of the Commission, type-approval authorities and technical services for the purpose of detecting defeat devices should remain non-predictable in character, also including variations beyond prescribed testing conditions and parameters, in order to effectively detect defeat devices.

Amendment 34

Proposal for a regulation

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | In order to ensure a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units should continue to be harmonised and adapted to technical and scientific progress. |

Text proposed by the Commission

Amendment

(26)

In order to ensure a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units should continue to be harmonised and adapted to technical and scientific progress.

| (26) | In order to ensure a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental
  and public health
  protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units should continue to be harmonised and adapted to technical and scientific progress. |
| --- | --- |

(26)

In order to ensure a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental
  and public health
  protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units should continue to be harmonised and adapted to technical and scientific progress.

Amendment 35

Proposal for a regulation

Recital 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (26a) | In order to ensure and continually improve a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the introduction of new technologies based on technical and scientific progress should be facilitated. This should be done by limiting the required test and documentation for granting EU type approval of such technologies. |

Text proposed by the Commission

Amendment

(26a)

In order to ensure and continually improve a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the introduction of new technologies based on technical and scientific progress should be facilitated. This should be done by limiting the required test and documentation for granting EU type approval of such technologies.

Amendment 36

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can
  significantly
  impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service. |

Text proposed by the Commission

Amendment

(27)

The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can
  significantly
  impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service.

| (27) | The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service. |
| --- | --- |

(27)

The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service.

Amendment 37

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification
  by means of independent periodic audits
  . In addition, approval authorities should ensure the verification of the continued conformity of the products concerned. |

Text proposed by the Commission

Amendment

(29)

Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification
  by means of independent periodic audits
  . In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.

| (29) | Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned. |
| --- | --- |

(29)

Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.

Amendment 38

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | The continued validity of the type-approvals requires that the manufacturer informs the authority that has approved his type of vehicle about any changes to the characteristics of the type or the safety and environmental performance requirements applicable to that type. It is therefore important that the validity of issued type-approval certificates is limited in time and that those certificates can only be renewed when the approval authority has verified and is satisfied that the type of vehicle continues to comply with all the applicable requirements. Furthermore, the conditions for extending type-approvals should be clarified to ensure a uniform application of the procedures and enforcement of the type-approval requirements throughout the Union. |

Text proposed by the Commission

Amendment

(30)

The continued validity of the type-approvals requires that the manufacturer informs the authority that has approved his type of vehicle about any changes to the characteristics of the type or the safety and environmental performance requirements applicable to that type. It is therefore important that the validity of issued type-approval certificates is limited in time and that those certificates can only be renewed when the approval authority has verified and is satisfied that the type of vehicle continues to comply with all the applicable requirements. Furthermore, the conditions for extending type-approvals should be clarified to ensure a uniform application of the procedures and enforcement of the type-approval requirements throughout the Union.

| (30) | The continued validity of the type-approvals requires that the manufacturer informs the authority that has approved his type of vehicle about any changes to the characteristics of the type or the safety and environmental performance requirements applicable to that type. It is therefore important that the validity of issued type-approval certificates is limited in time and that those certificates can only be renewed when the approval authority has verified and is satisfied that the type of vehicle continues to comply with all the applicable requirements. Furthermore, the conditions for extending type-approvals should be clarified to ensure a uniform application of the procedures and enforcement of the type-approval requirements throughout the Union.
  However, because of the nature of some systems, components and separate technical units, for example rear view mirrors, windscreen wipers and tyres, those requirements are more static. In other cases, for example those systems which are related to emissions management, there may be a need to limit the period of validity, as is the case for vehicles. Therefore, the power should be delegated to the Commission to establish a list of the systems, components and separate technical units affected by a limited period of validity. |
| --- | --- |

(30)

The continued validity of the type-approvals requires that the manufacturer informs the authority that has approved his type of vehicle about any changes to the characteristics of the type or the safety and environmental performance requirements applicable to that type. It is therefore important that the validity of issued type-approval certificates is limited in time and that those certificates can only be renewed when the approval authority has verified and is satisfied that the type of vehicle continues to comply with all the applicable requirements. Furthermore, the conditions for extending type-approvals should be clarified to ensure a uniform application of the procedures and enforcement of the type-approval requirements throughout the Union.
  However, because of the nature of some systems, components and separate technical units, for example rear view mirrors, windscreen wipers and tyres, those requirements are more static. In other cases, for example those systems which are related to emissions management, there may be a need to limit the period of validity, as is the case for vehicles. Therefore, the power should be delegated to the Commission to establish a list of the systems, components and separate technical units affected by a limited period of validity.

Amendment 39

Proposal for a regulation

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm. |

Text proposed by the Commission

Amendment

(31)

The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm.

| (31) | The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm.
  Particular attention must be given to replacement equipment, systems and technical units that affect the environmental impact of the exhaust system and these must be subject to authorisation requirements where appropriate. |
| --- | --- |

(31)

The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm.
  Particular attention must be given to replacement equipment, systems and technical units that affect the environmental impact of the exhaust system and these must be subject to authorisation requirements where appropriate.

Amendment 40

Proposal for a regulation

Recital 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| (33) | Appropriate flexibility should be provided by means of alternative type-approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type-approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production. It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages. |

Text proposed by the Commission

Amendment

(33)

Appropriate flexibility should be provided by means of alternative type-approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type-approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production. It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages.

| (33) | Appropriate flexibility should be provided by means of alternative type-approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type-approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production
  in accordance with this Regulation
  . It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages. |
| --- | --- |

(33)

Appropriate flexibility should be provided by means of alternative type-approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type-approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production
  in accordance with this Regulation
  . It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages.

Amendment 41

Proposal for a regulation

Recital 35 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (35a) | In order to ensure effective competition on the market for vehicle repair and maintenance information services, and in order to clarify that the information concerned also covers information which needs to be provided to independent operators other than repairers, so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly, it is necessary to set out the details of the information to be provided for the purposes of access to vehicle repair and maintenance information. |

Text proposed by the Commission

Amendment

(35a)

In order to ensure effective competition on the market for vehicle repair and maintenance information services, and in order to clarify that the information concerned also covers information which needs to be provided to independent operators other than repairers, so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly, it is necessary to set out the details of the information to be provided for the purposes of access to vehicle repair and maintenance information.

Amendment 42

Proposal for a regulation

Recital 36 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (36a) | Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures. |

Text proposed by the Commission

Amendment

(36a)

Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures.

Amendment 43

Proposal for a regulation

Recital 37 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (37a) | In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly. |

Text proposed by the Commission

Amendment

(37a)

In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.

Amendment 44

Proposal for a regulation

Recital 37 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (37b) | Without prejudice to vehicle manufacturers' obligation to provide repair and maintenance information via their website, the access to in-vehicle data, should remain directly and independently accessible to independent operators. |

Text proposed by the Commission

Amendment

(37b)

Without prejudice to vehicle manufacturers' obligation to provide repair and maintenance information via their website, the access to in-vehicle data, should remain directly and independently accessible to independent operators.

Amendment 45

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission
  annually
  , to monitor the coherence of the implementation of these provisions. |

Text proposed by the Commission

Amendment

(40)

Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission
  annually
  , to monitor the coherence of the implementation of these provisions.

| (40) | Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission
  regularly using the online database
  , to monitor the coherence of the implementation of these provisions. |
| --- | --- |

(40)

Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission
  regularly using the online database
  , to monitor the coherence of the implementation of these provisions.

Amendment 46

Proposal for a regulation

Recital 40 a

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (40a) | The falsification of test results should be deemed to have occurred when those results cannot be empirically verified by the relevant authority when all testing parameters are replicated or taken into account. |

Text proposed by the Commission

Amendment

(40a)

The falsification of test results should be deemed to have occurred when those results cannot be empirically verified by the relevant authority when all testing parameters are replicated or taken into account.

Amendment 47

Proposal for a regulation

Recital 40 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (40b) | Administrative fines levied by the Commission could be used for the purposes of market surveillance measures and for measures to support persons negatively affected by infringements of this Regulation or other such activities to the benefit of affected consumers and, where appropriate, environmental protection
  . |

Text proposed by the Commission

Amendment

(40b)

Administrative fines levied by the Commission could be used for the purposes of market surveillance measures and for measures to support persons negatively affected by infringements of this Regulation or other such activities to the benefit of affected consumers and, where appropriate, environmental protection
  .

Amendment 48

Proposal for a regulation

Recital 40 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (40c) | In cases of non-conformity the consumer may face personal damage or damage to their own property. In such cases the consumer should be entitled to pursue compensation under relevant legislation addressing defective products or non-conforming goods, including Council Directive 85/374/EEC

   (1a)

  , Directive 1999/44/EC of the European Parliament and of the Council

   (1b)

  and Directive 2006/114/EC of the European Parliament and of the Council

   (1c)

  as applicable. In addition, the consumer may rely on remedies founded in contractual law, as applicable according to the law of their Member State. |

Text proposed by the Commission

Amendment

(40c)

In cases of non-conformity the consumer may face personal damage or damage to their own property. In such cases the consumer should be entitled to pursue compensation under relevant legislation addressing defective products or non-conforming goods, including Council Directive 85/374/EEC

   (1a)

  , Directive 1999/44/EC of the European Parliament and of the Council

   (1b)

  and Directive 2006/114/EC of the European Parliament and of the Council

   (1c)

  as applicable. In addition, the consumer may rely on remedies founded in contractual law, as applicable according to the law of their Member State.

Amendment 49

Proposal for a regulation

Recital 45 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (45a) | In order to ensure effective competition on the market for vehicle repair and maintenance information services, it should be clarified that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly. |

Text proposed by the Commission

Amendment

(45a)

In order to ensure effective competition on the market for vehicle repair and maintenance information services, it should be clarified that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.

Amendment 50

Proposal for a regulation

Article 2 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the
  substantive
  requirements of this Regulation: | 3.   For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the requirements of this Regulation: |

Text proposed by the Commission

Amendment

3.   For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the
  substantive
  requirements of this Regulation:

3.   For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the requirements of this Regulation:

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 3 — point b

Article 2 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | vehicles designed and constructed for use by the armed services, civil defence, fire services and forces responsible for maintaining public order; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

vehicles designed and constructed for use by the armed services, civil defence, fire services and forces responsible for maintaining public order;

| (b) | vehicles designed and constructed for use by the armed services, civil defence, fire services
  , disaster management bodies
  and forces responsible for maintaining public order; |
| --- | --- |

(b)

vehicles designed and constructed for use by the armed services, civil defence, fire services
  , disaster management bodies
  and forces responsible for maintaining public order;

, disaster management bodies

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 3 — introductory part

Article 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purposes of this Regulation, the following definitions
  shall
  apply: | For the purposes of this Regulation
  and the regulatory acts of the Union listed in Annex IV, save as otherwise provided therein
  , the following definitions apply: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the purposes of this Regulation, the following definitions
  shall
  apply:

shall

For the purposes of this Regulation
  and the regulatory acts of the Union listed in Annex IV, save as otherwise provided therein
  , the following definitions apply:

and the regulatory acts of the Union listed in Annex IV, save as otherwise provided therein

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Article 3 — paragraph 1 — point 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety or any other aspect of public interest protection; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(2)

‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety or any other aspect of public interest protection;

| (2) | ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety
  , the environment
  or any other aspect of public interest protection
  including consumer rights
  ; |
| --- | --- |

(2)

‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety
  , the environment
  or any other aspect of public interest protection
  including consumer rights
  ;

, the environment

including consumer rights

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 7 a (new)

Article 3 — paragraph 1 — point 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | ‘original parts or equipment’ means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts of equipment for the assembly of the vehicle in question; they include parts or equipment which are manufactured on the same production line as these parts of equipment; unless the contrary is proven, it is presumed that parts constitute original parts if the manufacturer certifies that the parts match the quality of the components used for the assembly of the vehicle in question and have been manufactured according to the specifications and production standards of the vehicle manufacturer; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(7a)

‘original parts or equipment’ means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts of equipment for the assembly of the vehicle in question; they include parts or equipment which are manufactured on the same production line as these parts of equipment; unless the contrary is proven, it is presumed that parts constitute original parts if the manufacturer certifies that the parts match the quality of the components used for the assembly of the vehicle in question and have been manufactured according to the specifications and production standards of the vehicle manufacturer;

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 9

Article 3 — paragraph 1 — point 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | ‘manufacturer’ means a natural or legal person who is responsible for
  all aspects of the
  type-approval of a vehicle, system, component or separate technical unit, or the individual vehicle approval, or the authorisation process for parts and equipment, for ensuring conformity of production
  and
  for market surveillance
  matters
  regarding that vehicle, system, component, separate technical unit, part and equipment produced, irrespective of whether that person is or is not directly involved in all stages of the design and construction of that vehicle, system, component or separate technical unit concerned; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9)

‘manufacturer’ means a natural or legal person who is responsible for
  all aspects of the
  type-approval of a vehicle, system, component or separate technical unit, or the individual vehicle approval, or the authorisation process for parts and equipment, for ensuring conformity of production
  and
  for market surveillance
  matters
  regarding that vehicle, system, component, separate technical unit, part and equipment produced, irrespective of whether that person is or is not directly involved in all stages of the design and construction of that vehicle, system, component or separate technical unit concerned;

all aspects of the

and

matters

| (9) | ‘manufacturer’ means a natural or legal person who is responsible for
  complying with the administrative provisions and technical requirements that apply in order to obtain
  type-approval of a vehicle, system, component or separate technical unit, or the individual vehicle approval, or the authorisation process for parts and equipment,
  and
  for ensuring conformity of production
  , as well as
  for
  facilitating compliance with
  market surveillance
  provisions
  regarding that vehicle, system, component, separate technical unit, part and equipment produced, irrespective of whether that person is or is not directly involved in all stages of the design and construction of that vehicle, system, component or separate technical unit concerned; |
| --- | --- |

(9)

‘manufacturer’ means a natural or legal person who is responsible for
  complying with the administrative provisions and technical requirements that apply in order to obtain
  type-approval of a vehicle, system, component or separate technical unit, or the individual vehicle approval, or the authorisation process for parts and equipment,
  and
  for ensuring conformity of production
  , as well as
  for
  facilitating compliance with
  market surveillance
  provisions
  regarding that vehicle, system, component, separate technical unit, part and equipment produced, irrespective of whether that person is or is not directly involved in all stages of the design and construction of that vehicle, system, component or separate technical unit concerned;

complying with the administrative provisions and technical requirements that apply in order to obtain

and

, as well as

facilitating compliance with

provisions

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 16

Article 3 — paragraph 1 — point 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| 16. | ‘registration’ means the
  permanent or temporary
  administrative authorisation for the entry into service in road traffic of a vehicle,
  including
  the identification of the
  vehicle
  and the issuing of a serial number; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

16.

‘registration’ means the
  permanent or temporary
  administrative authorisation for the entry into service in road traffic of a vehicle,
  including
  the identification of the
  vehicle
  and the issuing of a serial number;

permanent or temporary

including

vehicle

| 16. | ‘registration’ means the administrative authorisation for the entry into service in road traffic of a vehicle,
  involving
  the identification of the
  latter
  and the issuing
  to it
  of a serial number
  , known as the registration number, whether on a permanent or temporary basis, including for a short period of time
  ; |
| --- | --- |

16.

‘registration’ means the administrative authorisation for the entry into service in road traffic of a vehicle,
  involving
  the identification of the
  latter
  and the issuing
  to it
  of a serial number
  , known as the registration number, whether on a permanent or temporary basis, including for a short period of time
  ;

involving

latter

to it

, known as the registration number, whether on a permanent or temporary basis, including for a short period of time

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 35

Article 3 — paragraph 1 — point 35

| Text proposed by the Commission | Amendment |
| --- | --- |
| (35) | ‘type of vehicle’ means a particular
  category
  of vehicles that shares at least the essential criteria specified in Part B of Annex II, and that may contain variants and versions as referred thereto; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(35)

‘type of vehicle’ means a particular
  category
  of vehicles that shares at least the essential criteria specified in Part B of Annex II, and that may contain variants and versions as referred thereto;

category

| (35) | ‘type of vehicle’ means a particular
  group
  of vehicles that shares at least the essential criteria specified in Part B of Annex II, and that may contain variants and versions as referred thereto; |
| --- | --- |

(35)

‘type of vehicle’ means a particular
  group
  of vehicles that shares at least the essential criteria specified in Part B of Annex II, and that may contain variants and versions as referred thereto;

group

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 37

Article 3 — paragraph 1 — point 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| (37) | ‘base vehicle’ means any vehicle that is used at the initial stage of a multi-stage type-approval; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(37)

‘base vehicle’ means any vehicle that is used at the initial stage of a multi-stage type-approval;

| (37) | ‘base vehicle’ means any vehicle that is used at the initial stage of a multi-stage type-approval
  irrespective of whether it is a motor vehicle
  ; |
| --- | --- |

(37)

‘base vehicle’ means any vehicle that is used at the initial stage of a multi-stage type-approval
  irrespective of whether it is a motor vehicle
  ;

irrespective of whether it is a motor vehicle

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 42

Article 3 — paragraph 1 — point 42

| Text proposed by the Commission | Amendment |
| --- | --- |
| (42) | ‘individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle, whether unique or not, satisfies the relevant administrative provisions and technical requirements for EU individual vehicle approval
  and
  national individual vehicle approval; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(42)

‘individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle, whether unique or not, satisfies the relevant administrative provisions and technical requirements for EU individual vehicle approval
  and
  national individual vehicle approval;

and

| (42) | ‘individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle, whether unique or not, satisfies the relevant administrative provisions and technical requirements for EU individual vehicle approval
  or
  national individual vehicle approval; |
| --- | --- |

(42)

‘individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle, whether unique or not, satisfies the relevant administrative provisions and technical requirements for EU individual vehicle approval
  or
  national individual vehicle approval;

or

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 46

Article 3 — paragraph 1 — point 46

| Text proposed by the Commission | Amendment |
| --- | --- |
| (46) | ‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting,
  periodic monitoring
  , repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is provided by the manufacturer
  to
  his authorised dealers
  and
  repairers, including all subsequent amendments and supplements to that information; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(46)

‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting,
  periodic monitoring
  , repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is provided by the manufacturer
  to
  his authorised dealers
  and
  repairers, including all subsequent amendments and supplements to that information;

periodic monitoring

to

and

| (46) | ‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting,
  road worthiness testing
  , repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is
  used or
  provided by the manufacturer
  , including
  his authorised
  partners,
  dealers, repairers
  and network, to offer products or services for vehicle repair and maintenance purposes
  , including all subsequent amendments and supplements to that information; |
| --- | --- |

(46)

‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting,
  road worthiness testing
  , repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is
  used or
  provided by the manufacturer
  , including
  his authorised
  partners,
  dealers, repairers
  and network, to offer products or services for vehicle repair and maintenance purposes
  , including all subsequent amendments and supplements to that information;

road worthiness testing

used or

, including

partners,

and network, to offer products or services for vehicle repair and maintenance purposes

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 55

Article 3 — paragraph 1 — point 55

| Text proposed by the Commission | Amendment |
| --- | --- |
| (55) | ‘on-site assessment’ means a verification
  by the type-approval authority
  in the premises of the technical service or of one of its subcontractors or subsidiaries; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(55)

‘on-site assessment’ means a verification
  by the type-approval authority
  in the premises of the technical service or of one of its subcontractors or subsidiaries;

by the type-approval authority

| (55) | ‘on-site assessment’ means a verification in the premises of the technical service or of one of its subcontractors or subsidiaries; |
| --- | --- |

(55)

‘on-site assessment’ means a verification in the premises of the technical service or of one of its subcontractors or subsidiaries;

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 56 a (new)

Article 3 — paragraph 1 — point 56 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (56a) | ‘defeat device’ means any functional element of design, when functioning accordingly, that prevents the vehicle's approved control and monitoring systems from being efficient and effective as well as prevents compliance with the approval requirements under the whole spectrum of real-world driving conditions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(56a)

(56a)

‘defeat device’ means any functional element of design, when functioning accordingly, that prevents the vehicle's approved control and monitoring systems from being efficient and effective as well as prevents compliance with the approval requirements under the whole spectrum of real-world driving conditions.

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 4 — paragraph 2 — subparagraph 2

Article 4 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission
  shall be
  empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the
  categorisation of vehicle sub-categories,
  types of vehicle and types of bodywork in order to adapt it to technical progress. | The Commission
  is
  empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the types of vehicle and types of bodywork in order to adapt it to technical progress. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission
  shall be
  empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the
  categorisation of vehicle sub-categories,
  types of vehicle and types of bodywork in order to adapt it to technical progress.

shall be

categorisation of vehicle sub-categories,

The Commission
  is
  empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the types of vehicle and types of bodywork in order to adapt it to technical progress.

is

Amendment 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 — subparagraph 2 a (new)

Article 6 — paragraph 1 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States shall ensure that type-approval authorities and market surveillance authorities adhere to a strict separation of roles and responsibilities and function independently from each other. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall ensure that type-approval authorities and market surveillance authorities adhere to a strict separation of roles and responsibilities and function independently from each other.

Member States shall ensure that type-approval authorities and market surveillance authorities adhere to a strict separation of roles and responsibilities and function independently from each other.

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1 a (new)

Article 6 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Where more than one approval authority is responsible for vehicle type-approval including individual vehicle type-approval in a Member State, that Member State shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the fulfilment of the obligations laid down in Chapter XV of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Where more than one approval authority is responsible for vehicle type-approval including individual vehicle type-approval in a Member State, that Member State shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the fulfilment of the obligations laid down in Chapter XV of this Regulation.

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 4

Article 6 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008. | 4.   Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008
  with the exception of Article 18(5) thereof
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008.

4.   Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008
  with the exception of Article 18(5) thereof
  .

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 5

Article 6 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators
  and seize
  the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. | 5.   Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators
  on their territory and take
  the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators
  and seize
  the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.

5.   Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators
  on their territory and take
  the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 6

Article 6 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every
  four
  years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a 
  summary
  of the results accessible to the public, in particular the number of
  type-approval
  granted and the identity of the corresponding manufacturers. | 6.   The Member States shall periodically review and assess the functioning of their type-approval activities
  , including the conformity of the type-approvals issued with this Regulation
  . Such reviews and assessments shall be carried out at least every
  three
  years and the results thereof shall be communicated to the other Member States
  , the European Parliament
  and the Commission. The
  results shall be discussed by the Forum established under Article 10. The
  Member State concerned shall make a 
  full report
  of the results accessible to the public,
  which shall include
  in particular the number of
  type-approvals
  granted
  or rejected, the subject of the type-approval certificate,
  and the identity of the corresponding manufacturers
  and technical services responsible for overseeing the type approval tests
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every
  four
  years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a 
  summary
  of the results accessible to the public, in particular the number of
  type-approval
  granted and the identity of the corresponding manufacturers.

6.   The Member States shall periodically review and assess the functioning of their type-approval activities
  , including the conformity of the type-approvals issued with this Regulation
  . Such reviews and assessments shall be carried out at least every
  three
  years and the results thereof shall be communicated to the other Member States
  , the European Parliament
  and the Commission. The
  results shall be discussed by the Forum established under Article 10. The
  Member State concerned shall make a 
  full report
  of the results accessible to the public,
  which shall include
  in particular the number of
  type-approvals
  granted
  or rejected, the subject of the type-approval certificate,
  and the identity of the corresponding manufacturers
  and technical services responsible for overseeing the type approval tests
  .

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 7

Article 6 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every
  four
  years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results
  accessible to the public
  . | 7.   The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every
  three
  years and the results thereof shall be communicated to the other Member States
  , to the European Parliament
  and
  to
  the Commission. The
  results shall be discussed by the Forum established under Article 10. The
  Member State concerned shall make a summary of the results
  publically available, which shall include in particular the number of vehicles, systems, components or separate technical units subject to testing or other assessment. The summary shall include a list of those vehicles, systems, components or separate technical units that are found not to be in compliance with the requirements of this Regulation, if any, the identity of the corresponding manufacturers, and a short description of the nature of the non-compliance
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every
  four
  years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results
  accessible to the public
  .

7.   The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every
  three
  years and the results thereof shall be communicated to the other Member States
  , to the European Parliament
  and
  to
  the Commission. The
  results shall be discussed by the Forum established under Article 10. The
  Member State concerned shall make a summary of the results
  publically available, which shall include in particular the number of vehicles, systems, components or separate technical units subject to testing or other assessment. The summary shall include a list of those vehicles, systems, components or separate technical units that are found not to be in compliance with the requirements of this Regulation, if any, the identity of the corresponding manufacturers, and a short description of the nature of the non-compliance
  .

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 7 a (new)

Article 6 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by laying down the common criteria to appoint, review and assess the approval authorities and the market surveillance authorities at national level. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by laying down the common criteria to appoint, review and assess the approval authorities and the market surveillance authorities at national level.

Amendment 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1 a (new)

Article 7 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Approval authorities shall implement and enforce the requirements of this Regulation in a uniform and consistent manner to ensure a level playing field and to avoid application of divergent standards across the Union. They shall fully cooperate with the Forum and the Commission in its audit and oversight activities as regards the application of this Regulation and provide all the necessary information upon request. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Approval authorities shall implement and enforce the requirements of this Regulation in a uniform and consistent manner to ensure a level playing field and to avoid application of divergent standards across the Union. They shall fully cooperate with the Forum and the Commission in its audit and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality
  where necessary
  in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union. | 2.   Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets
  of economic operators
  , subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union
  in accordance with applicable law
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality
  where necessary
  in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union.

2.   Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets
  of economic operators
  , subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union
  in accordance with applicable law
  .

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3 — subparagraph 1

Article 7 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A Member State where more than one approval authority is responsible for vehicle approval including individual vehicle approval, shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the obligations laid down in Chapter XV of this Regulation. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A Member State where more than one approval authority is responsible for vehicle approval including individual vehicle approval, shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the obligations laid down in Chapter XV of this Regulation.

A Member State where more than one approval authority is responsible for vehicle approval including individual vehicle approval, shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the obligations laid down in Chapter XV of this Regulation.

deleted

deleted

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3 — subparagraph 2

Article 7 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Approval authorities within a Member State shall
  cooperate with each other by sharing
  information relevant to their role and functions. | Approval authorities within a Member State shall
  put in place procedures to ensure efficient and effective coordination, as well as efficient and effective
  information
  sharing
  relevant to their role and functions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Approval authorities within a Member State shall
  cooperate with each other by sharing
  information relevant to their role and functions.

cooperate with each other by sharing

Approval authorities within a Member State shall
  put in place procedures to ensure efficient and effective coordination, as well as efficient and effective
  information
  sharing
  relevant to their role and functions.

put in place procedures to ensure efficient and effective coordination, as well as efficient and effective

sharing

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3 a (new)

Article 7 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Where an approval authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Where an approval authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification.

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 5

Article 7 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  The Commission may adopt implementing acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  The Commission may adopt implementing acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

deleted

deleted

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1

Article 8 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Market surveillance authorities shall perform regular
  checks
  to verify
  compliance of
  vehicles, systems, components and separate technical units
  with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of
  documentary checks
  and real-drive and laboratory
  tests
  on the basis of statistically relevant samples
  . When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information. | 1.   Market surveillance authorities shall perform regular
  tests and inspections in accordance with national annual programmes approved in accordance with paragraphs 2 and 3
  to verify
  that
  vehicles, systems, components and separate technical units
  conform to the type approvals and to applicable legislation. Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by
  documentary checks
  . Member States shall carry out
  tests
  or inspections on an annual basis on a number of types which shall total at least 20 % of the number of types placed on the market in that Member State in the previous year
  . When doing so, market surveillance authorities shall take account of established principles of risk assessment,
  substantiated
  complaints and other
  relevant
  information
  , including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Market surveillance authorities shall perform regular
  checks
  to verify
  compliance of
  vehicles, systems, components and separate technical units
  with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of
  documentary checks
  and real-drive and laboratory
  tests
  on the basis of statistically relevant samples
  . When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information.

1.   Market surveillance authorities shall perform regular
  tests and inspections in accordance with national annual programmes approved in accordance with paragraphs 2 and 3
  to verify
  that
  vehicles, systems, components and separate technical units
  conform to the type approvals and to applicable legislation. Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by
  documentary checks
  . Member States shall carry out
  tests
  or inspections on an annual basis on a number of types which shall total at least 20 % of the number of types placed on the market in that Member State in the previous year
  . When doing so, market surveillance authorities shall take account of established principles of risk assessment,
  substantiated
  complaints and other
  relevant
  information
  , including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing
  .

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 a (new)

Article 8 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Market surveillance authorities may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the market surveillance authority. Where technical services are used for the purposes of this Article, market surveillance authorities shall ensure that a different technical service is used from the technical service that performed the original type approval test. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Market surveillance authorities may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the market surveillance authority. Where technical services are used for the purposes of this Article, market surveillance authorities shall ensure that a different technical service is used from the technical service that performed the original type approval test.

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 b (new)

Article 8 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Market surveillance authorities shall prepare and submit a national market surveillance programme for approval by the Commission on an annual or multi-annual basis. Member States may together submit joint programmes or actions. |
| | The national market surveillance programmes shall include at least the following information: |
| | (a) | the scale and scope of planned market surveillance activities; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1b.
     
  Market surveillance authorities shall prepare and submit a national market surveillance programme for approval by the Commission on an annual or multi-annual basis. Member States may together submit joint programmes or actions.

The national market surveillance programmes shall include at least the following information:

The national market surveillance programmes shall include at least the following information:

(a)

(a)

the scale and scope of planned market surveillance activities;

the scale and scope of planned market surveillance activities;

| (b) | details of how market surveillance activities will be carried out, including information on the use of documentary, physical and laboratory checks, and how it reflects the principles of risk assessment, and how it addresses substantiated complaints, high volumes of specific vehicle models in use of their territory, and their parts, first application of new engine or technology, reports from periodic technical inspections and other relevant information, including from economic operators or testing results published by recognised third parties; |
| --- | --- |

(b)

(b)

details of how market surveillance activities will be carried out, including information on the use of documentary, physical and laboratory checks, and how it reflects the principles of risk assessment, and how it addresses substantiated complaints, high volumes of specific vehicle models in use of their territory, and their parts, first application of new engine or technology, reports from periodic technical inspections and other relevant information, including from economic operators or testing results published by recognised third parties;

details of how market surveillance activities will be carried out, including information on the use of documentary, physical and laboratory checks, and how it reflects the principles of risk assessment, and how it addresses substantiated complaints, high volumes of specific vehicle models in use of their territory, and their parts, first application of new engine or technology, reports from periodic technical inspections and other relevant information, including from economic operators or testing results published by recognised third parties;

| (c) | a summary of actions taken in the previous programme, including relevant statistical data on the scale of activities carried out, follow-up actions taken and the results thereof. In the case of a multi-annual programme, a summary of actions shall be prepared and presented on an annual basis to the Commission and the Forum for Enforcement; and |
| --- | --- |

(c)

(c)

a summary of actions taken in the previous programme, including relevant statistical data on the scale of activities carried out, follow-up actions taken and the results thereof. In the case of a multi-annual programme, a summary of actions shall be prepared and presented on an annual basis to the Commission and the Forum for Enforcement; and

a summary of actions taken in the previous programme, including relevant statistical data on the scale of activities carried out, follow-up actions taken and the results thereof. In the case of a multi-annual programme, a summary of actions shall be prepared and presented on an annual basis to the Commission and the Forum for Enforcement; and

| (d) | details of financing arrangements notified under Article 30(4) and the human resources dedicated to market surveillance, and their adequacy regarding planned market surveillance activities. |
| --- | --- |

(d)

(d)

details of financing arrangements notified under Article 30(4) and the human resources dedicated to market surveillance, and their adequacy regarding planned market surveillance activities.

details of financing arrangements notified under Article 30(4) and the human resources dedicated to market surveillance, and their adequacy regarding planned market surveillance activities.

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 2

Article 8 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. | 2.   Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities.
  This shall include access to software, algorithms, engine control units and any other technical specifications that are deemed to be necessary by the market surveillance authorities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities.

2.   Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities.
  This shall include access to software, algorithms, engine control units and any other technical specifications that are deemed to be necessary by the market surveillance authorities.

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 3

Article 8 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity presented by economic operators. | 3.   For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity,
  type-approval marks or type-approval certificates
  presented by economic operators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity presented by economic operators.

3.   For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity,
  type-approval marks or type-approval certificates
  presented by economic operators.

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 4 — subparagraph 1

Article 8 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of
  hazards
  they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. | Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of
  non-compliance
  they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage.
  This information shall be made available on the website of the market surveillance authority in plain and understandable language. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of
  hazards
  they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage.

hazards

Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of
  non-compliance
  they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage.
  This information shall be made available on the website of the market surveillance authority in plain and understandable language.

non-compliance

This information shall be made available on the website of the market surveillance authority in plain and understandable language.

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 5

Article 8 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and
  where applicable
  the relevant approval authority. | 5.   Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and the relevant approval authority. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and
  where applicable
  the relevant approval authority.

5.   Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and the relevant approval authority.

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 5 a (new)

Article 8 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Where a market surveillance authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Where a market surveillance authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification.

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 6

Article 8 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality
  where necessary
  in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union. | 6.   Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets
  of the economic operators
  , subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality
  where necessary
  in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.

6.   Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets
  of the economic operators
  , subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 7

Article 8 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.
     
  The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.
     
  The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public.

deleted

deleted

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 8

Article 8 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.
     
  The market surveillance authorities of different Member States shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the Commission the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.
     
  The market surveillance authorities of different Member States shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the Commission the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.

deleted

deleted

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 9

Article 8 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.   Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall
  cooperate with each other, by sharing
  information relevant to their role and functions. | 9.   Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall
  put in place procedures to ensure efficient and effective coordination, as well as efficient and effective
  information
  sharing
  relevant to their role and functions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.   Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall
  cooperate with each other, by sharing
  information relevant to their role and functions.

9.   Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall
  put in place procedures to ensure efficient and effective coordination, as well as efficient and effective
  information
  sharing
  relevant to their role and functions.

Amendment 89

Amendment 89

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 10

Article 8 — paragraph 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| 10.
     
  The Commission may adopt implementing acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.
     
  The Commission may adopt implementing acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

deleted

deleted

Amendment 90

Amendment 90

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 10 a (new)

Article 8 — paragraph 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 10a.
     
  Market surveillance authorities shall make publically available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and the Commission. The Commission shall forward this report to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10a.
     
  Market surveillance authorities shall make publically available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and the Commission. The Commission shall forward this report to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any.

Amendment 91

Amendment 91

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — subparagraph 1

Article 9 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation
  as well as to ensure the correctness of the type approvals
  . | The Commission shall organise and carry out, or require to be carried out, on an adequate scale
  with due regard to agreed national programmes of market surveillance activities approved under Article 8
  , tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation. |
| | The tests and inspections organised and carried out, or mandated by the Commission shall address the issue of in-service conformity of vehicles, systems, components and separated technical units. |
| | Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks. |
| | When doing so, the Commission shall take account of established principles of risk assessment, substantiated complaints and other relevant information, including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation
  as well as to ensure the correctness of the type approvals
  .

as well as to ensure the correctness of the type approvals

The Commission shall organise and carry out, or require to be carried out, on an adequate scale
  with due regard to agreed national programmes of market surveillance activities approved under Article 8
  , tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation.

with due regard to agreed national programmes of market surveillance activities approved under Article 8

The tests and inspections organised and carried out, or mandated by the Commission shall address the issue of in-service conformity of vehicles, systems, components and separated technical units.

The tests and inspections organised and carried out, or mandated by the Commission shall address the issue of in-service conformity of vehicles, systems, components and separated technical units.

Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks.

Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks.

When doing so, the Commission shall take account of established principles of risk assessment, substantiated complaints and other relevant information, including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing.

When doing so, the Commission shall take account of established principles of risk assessment, substantiated complaints and other relevant information, including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing.

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — subparagraph 1 a (new)

Article 9 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Without prejudice to the first subparagraph, when the Commission, based on information provided by Member States, a request made by one member of the Forum for Enforcement or testing results published by recognised third parties, considers that a Member State is not properly fulfilling its type-approval or market surveillance obligations stemming from this Regulation, the Commission shall organise and carry out itself, or require to be carried out, tests and inspections of vehicles, systems, components and separate technical units already made available on the market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Without prejudice to the first subparagraph, when the Commission, based on information provided by Member States, a request made by one member of the Forum for Enforcement or testing results published by recognised third parties, considers that a Member State is not properly fulfilling its type-approval or market surveillance obligations stemming from this Regulation, the Commission shall organise and carry out itself, or require to be carried out, tests and inspections of vehicles, systems, components and separate technical units already made available on the market.

Without prejudice to the first subparagraph, when the Commission, based on information provided by Member States, a request made by one member of the Forum for Enforcement or testing results published by recognised third parties, considers that a Member State is not properly fulfilling its type-approval or market surveillance obligations stemming from this Regulation, the Commission shall organise and carry out itself, or require to be carried out, tests and inspections of vehicles, systems, components and separate technical units already made available on the market.

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1 — subparagraph 1 b (new)

Article 9 — paragraph 1 — subparagraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the Commission. Where technical services are designated for the purposes of this Article, the Commission shall ensure that a different technical service is used from the technical service that performed the original type approval test. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the Commission. Where technical services are designated for the purposes of this Article, the Commission shall ensure that a different technical service is used from the technical service that performed the original type approval test.

The Commission may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the Commission. Where technical services are designated for the purposes of this Article, the Commission shall ensure that a different technical service is used from the technical service that performed the original type approval test.

Amendment 94

Amendment 94

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2

Article 9 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Manufacturers holding type-approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Commission may
  require
  . | 2.   Manufacturers holding type-approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period
  that
  the Commission may,
  depending on the situation, require. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Manufacturers holding type-approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Commission may
  require
  .

2.   Manufacturers holding type-approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period
  that
  the Commission may,
  depending on the situation, require.

Amendment 95

Amendment 95

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 2 a (new)

Article 9 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Member States shall give all necessary assistance and provide all documentation and other technical support that Commission experts require in order to enable them to carry out tests, checks and inspections. The Member States shall ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  The Member States shall give all necessary assistance and provide all documentation and other technical support that Commission experts require in order to enable them to carry out tests, checks and inspections. The Member States shall ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties.

Amendment 96

Amendment 96

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 1

Article 9 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the Commission all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1). | For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall
  immediately
  make available to the Commission all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the Commission all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).

For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall
  immediately
  make available to the Commission all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).

immediately

Amendment 97

Amendment 97

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4

Article 9 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Vehicle manufacturers shall make
  public
  data which are needed for the purpose of compliance verification testing by third parties. The Commission shall adopt implementing acts in order to define the data to be made
  public
  and the conditions for
  such publication
  , subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). | 4.   Vehicle manufacturers shall make
  available free of charge and without undue delay
  data which are needed for the purpose of compliance verification testing by
  recognised
  third parties.
  That data shall include all parameters and settings that are necessary to accurately replicate the test conditions that were applied at the time of the type-approval testing. All such data provided shall be treated with respect for the legitimate protection of business information.
  The Commission shall adopt implementing acts in order to define the data to be made
  available
  and the conditions for
  doing so, including those for the provision of access to such information via the online database referred to in Article 10a
  , subject to the protection of commercial secrets and the preservation of personal data pursuant to Union
  legal acts
  and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Vehicle manufacturers shall make
  public
  data which are needed for the purpose of compliance verification testing by third parties. The Commission shall adopt implementing acts in order to define the data to be made
  public
  and the conditions for
  such publication
  , subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

4.   Vehicle manufacturers shall make
  available free of charge and without undue delay
  data which are needed for the purpose of compliance verification testing by
  recognised
  third parties.
  That data shall include all parameters and settings that are necessary to accurately replicate the test conditions that were applied at the time of the type-approval testing. All such data provided shall be treated with respect for the legitimate protection of business information.
  The Commission shall adopt implementing acts in order to define the data to be made
  available
  and the conditions for
  doing so, including those for the provision of access to such information via the online database referred to in Article 10a
  , subject to the protection of commercial secrets and the preservation of personal data pursuant to Union
  legal acts
  and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

Amendment 98

Amendment 98

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 a (new)

Article 9 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  The Commission shall organise and carry out joint audits of the type approval authorities and national market surveillance authorities to verify that they implement, in a consistent manner, the requirements of this Regulation and carry out their duties in an independent and rigorous manner. Following consultation with the Forum, the Commission shall adopt an annual plan of joint audits, which shall take into account the results of prior reviews when determining frequency of assessment. In cases where the Commission has reason to consider that a type approval authority does not fulfil its obligations under this Regulation, the Commission may require joint audits to be carried out on an annual basis. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  The Commission shall organise and carry out joint audits of the type approval authorities and national market surveillance authorities to verify that they implement, in a consistent manner, the requirements of this Regulation and carry out their duties in an independent and rigorous manner. Following consultation with the Forum, the Commission shall adopt an annual plan of joint audits, which shall take into account the results of prior reviews when determining frequency of assessment. In cases where the Commission has reason to consider that a type approval authority does not fulfil its obligations under this Regulation, the Commission may require joint audits to be carried out on an annual basis.

Amendment 99

Amendment 99

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 b (new)

Article 9 — paragraph 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4b.
     
  In order to perform this task, the Commission shall have recourse to independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. The auditors shall observe confidentiality in order to protect commercial secrets in accordance with the applicable law. The Member States shall give all necessary assistance and shall provide all the documentation and support that auditors request in order to enable them to carry out their duties. The Member States shall ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. Upon request, a Member State may be entitled to send an observer to a joint audit organised under this Article. Those observers shall not influence any decisions related to the outcome of the joint audit. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4b.
     
  In order to perform this task, the Commission shall have recourse to independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. The auditors shall observe confidentiality in order to protect commercial secrets in accordance with the applicable law. The Member States shall give all necessary assistance and shall provide all the documentation and support that auditors request in order to enable them to carry out their duties. The Member States shall ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. Upon request, a Member State may be entitled to send an observer to a joint audit organised under this Article. Those observers shall not influence any decisions related to the outcome of the joint audit.

Amendment 100

Amendment 100

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 c (new)

Article 9 — paragraph 4 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4c.
     
  The outcome of the joint audit shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4c.
     
  The outcome of the joint audit shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10.

Amendment 101

Amendment 101

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 d (new)

Article 9 — paragraph 4 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4d.
     
  The Member State concerned shall provide information to the Commission and the other Member States on how it has addressed the recommendations arising from the joint audit referred to in paragraph 4c. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4d.
     
  The Member State concerned shall provide information to the Commission and the other Member States on how it has addressed the recommendations arising from the joint audit referred to in paragraph 4c.

Amendment 102

Amendment 102

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4 e (new)

Article 9 — paragraph 4 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4e.
     
  The Commission may request further information from Member States and their national type approval authorities and market surveillance authorities where they have reason to believe following examination within the Forum that there are cases of non-compliance with this Regulation. Member States and their respective authorities shall provide such information without undue delay. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4e.
     
  The Commission may request further information from Member States and their national type approval authorities and market surveillance authorities where they have reason to believe following examination within the Forum that there are cases of non-compliance with this Regulation. Member States and their respective authorities shall provide such information without undue delay.

Amendment 103

Amendment 103

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 2

Article 9 — paragraph 5 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall inform the approval authority or authorities concerned as well as the Forum for
  Exchange of Information on
  Enforcement. | Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall
  immediately
  inform the approval authority or authorities concerned as well as the
  Member States and the members of the
  Forum for Enforcement. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall inform the approval authority or authorities concerned as well as the Forum for
  Exchange of Information on
  Enforcement.

Exchange of Information on

Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall
  immediately
  inform the approval authority or authorities concerned as well as the
  Member States and the members of the
  Forum for Enforcement.

immediately

Member States and the members of the

Amendment 104

Amendment 104

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 2 a (new)

Article 9 — paragraph 5 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall take appropriate measures to alert users within the Union, including the relevant type approval authorities, within an adequate timeframe, to any non-compliance that it has identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall also be made available on the website of relevant market surveillance authorities in plain and understandable language. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall take appropriate measures to alert users within the Union, including the relevant type approval authorities, within an adequate timeframe, to any non-compliance that it has identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall also be made available on the website of relevant market surveillance authorities in plain and understandable language.

The Commission shall take appropriate measures to alert users within the Union, including the relevant type approval authorities, within an adequate timeframe, to any non-compliance that it has identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall also be made available on the website of relevant market surveillance authorities in plain and understandable language.

Amendment 105

Amendment 105

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 3

Article 9 — paragraph 5 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall
  publish
  a report of its findings following any compliance verification testing it has carried out. | The Commission shall
  make publically available
  a report of its findings following any compliance verification testing it has carried out
  and shall forward its findings to the Member States and to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any, and, where appropriate, recommend follow-up actions to Member States
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall
  publish
  a report of its findings following any compliance verification testing it has carried out.

publish

The Commission shall
  make publically available
  a report of its findings following any compliance verification testing it has carried out
  and shall forward its findings to the Member States and to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any, and, where appropriate, recommend follow-up actions to Member States
  .

make publically available

and shall forward its findings to the Member States and to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any, and, where appropriate, recommend follow-up actions to Member States

Amendment 106

Amendment 106

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall establish
  and
  chair a Forum for
  Exchange of Information on
  Enforcement (‘the Forum’). | 1.   The Commission shall establish, chair
  and manage
  a Forum for Enforcement (‘the Forum’). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The Commission shall establish
  and
  chair a Forum for
  Exchange of Information on
  Enforcement (‘the Forum’).

1.   The Commission shall establish, chair
  and manage
  a Forum for Enforcement (‘the Forum’).

Amendment 107

Amendment 107

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 2

Article 10 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Forum shall be composed of members appointed by the Member States. | This Forum shall be composed of members appointed by the Member States,
  including their type-approval and market surveillance authorities
  . |
| | Whenever appropriate, and at least once a year, the Forum shall also invite observers to its meetings. The invited observers shall include representatives of the European Parliament, technical services, recognised third party testing organisations, representatives of industry or other relevant economic operators, safety and environment NGOs and consumer groups
  .
  Observers invited to meetings of the Forum shall constitute a broad, representative and balanced range of Union and national bodies representing relevant stakeholders. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

This Forum shall be composed of members appointed by the Member States.

This Forum shall be composed of members appointed by the Member States,
  including their type-approval and market surveillance authorities
  .

including their type-approval and market surveillance authorities

Whenever appropriate, and at least once a year, the Forum shall also invite observers to its meetings. The invited observers shall include representatives of the European Parliament, technical services, recognised third party testing organisations, representatives of industry or other relevant economic operators, safety and environment NGOs and consumer groups
  .
  Observers invited to meetings of the Forum shall constitute a broad, representative and balanced range of Union and national bodies representing relevant stakeholders.

Whenever appropriate, and at least once a year, the Forum shall also invite observers to its meetings. The invited observers shall include representatives of the European Parliament, technical services, recognised third party testing organisations, representatives of industry or other relevant economic operators, safety and environment NGOs and consumer groups

Observers invited to meetings of the Forum shall constitute a broad, representative and balanced range of Union and national bodies representing relevant stakeholders.

Amendment 108

Amendment 108

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 a (new)

Article 10 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The Commission shall publish on its website the calendar of meetings, the agenda and minutes, including a record of attendance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  The Commission shall publish on its website the calendar of meetings, the agenda and minutes, including a record of attendance.

Amendment 109

Amendment 109

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 1

Article 10 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance. | The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance
  in order to facilitate the implementation of this Regulation, in particular with regard to requirements regarding the assessment, designation and monitoring of designated bodies and the general application of the requirements laid down in this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance.

The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance
  in order to facilitate the implementation of this Regulation, in particular with regard to requirements regarding the assessment, designation and monitoring of designated bodies and the general application of the requirements laid down in this Regulation
  .

in order to facilitate the implementation of this Regulation, in particular with regard to requirements regarding the assessment, designation and monitoring of designated bodies and the general application of the requirements laid down in this Regulation

Amendment 110

Amendment 110

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 2

Article 10 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Its
  advisory
  tasks shall comprise
  inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections. | Its tasks shall comprise: |
| | (a) | the consideration of substantiated complaints, evidence or other relevant information presented by recognised third parties of possible non-compliance; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Its
  advisory
  tasks shall comprise
  inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.

advisory

inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.

Its tasks shall comprise:

(a)

(a)

the consideration of substantiated complaints, evidence or other relevant information presented by recognised third parties of possible non-compliance;

the consideration of substantiated complaints, evidence or other relevant information presented by recognised third parties of possible non-compliance;

| (b) | the joint discussion and assessment of the national market surveillance programmes following their submission to the Commission; |
| --- | --- |

(b)

(b)

the joint discussion and assessment of the national market surveillance programmes following their submission to the Commission;

the joint discussion and assessment of the national market surveillance programmes following their submission to the Commission;

| (c) | the exchange of information with regard to new technologies available or due to become available on the market; |
| --- | --- |

(c)

(c)

the exchange of information with regard to new technologies available or due to become available on the market;

the exchange of information with regard to new technologies available or due to become available on the market;

| (d) | the assessment of the results of reviews, both those under Article 6(6) and those following a joint audit under Article 71(8), of the functioning of type approval authorities; |
| --- | --- |

(d)

(d)

the assessment of the results of reviews, both those under Article 6(6) and those following a joint audit under Article 71(8), of the functioning of type approval authorities;

the assessment of the results of reviews, both those under Article 6(6) and those following a joint audit under Article 71(8), of the functioning of type approval authorities;

| (e) | the review of the results of assessments of the functioning of market surveillance; |
| --- | --- |

(e)

(e)

the review of the results of assessments of the functioning of market surveillance;

the review of the results of assessments of the functioning of market surveillance;

| (f) | the assessment of the results of assessments, both under Article 80(3a) and following a joint assessment under Article 80(4), of the functioning of technical services; and |
| --- | --- |

(f)

(f)

the assessment of the results of assessments, both under Article 80(3a) and following a joint assessment under Article 80(4), of the functioning of technical services; and

the assessment of the results of assessments, both under Article 80(3a) and following a joint assessment under Article 80(4), of the functioning of technical services; and

| (g) | the assessment, at least every two years, of the effectiveness of enforcement activities, including, where relevant, the consistency and effectiveness of any repair, recall or penalty applied by Member States where the non-compliance affected vehicles, systems, components or separate technical units placed on the market in more than one Member State. |
| --- | --- |

(g)

(g)

the assessment, at least every two years, of the effectiveness of enforcement activities, including, where relevant, the consistency and effectiveness of any repair, recall or penalty applied by Member States where the non-compliance affected vehicles, systems, components or separate technical units placed on the market in more than one Member State.

the assessment, at least every two years, of the effectiveness of enforcement activities, including, where relevant, the consistency and effectiveness of any repair, recall or penalty applied by Member States where the non-compliance affected vehicles, systems, components or separate technical units placed on the market in more than one Member State.

Amendment 111

Amendment 111

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 a (new)

Article 10 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Where, following examination within the Forum, the Commission has reason to believe that there are cases of non-compliance with this Regulation, the Commission may request further information from Member States and their national type approval authorities and market surveillance authorities. Member States and their respective authorities shall provide such information without undue delay |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Where, following examination within the Forum, the Commission has reason to believe that there are cases of non-compliance with this Regulation, the Commission may request further information from Member States and their national type approval authorities and market surveillance authorities. Member States and their respective authorities shall provide such information without undue delay

Amendment 112

Amendment 112

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 b (new)

Article 10 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  The Commission shall make publically available a report on the activities of the Forum on an annual basis. This report shall include detailed explanation of the issues under its consideration, actions arising from those deliberations and the reasoning behind those actions, including in the event that no actions are foreseen. Each year the Commission shall present the report of the activities of the Forum to the European Parliament. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2b.
     
  The Commission shall make publically available a report on the activities of the Forum on an annual basis. This report shall include detailed explanation of the issues under its consideration, actions arising from those deliberations and the reasoning behind those actions, including in the event that no actions are foreseen. Each year the Commission shall present the report of the activities of the Forum to the European Parliament.

Amendment 113

Amendment 113

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 c (new)

Article 10 — paragraph 2 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2c.
     
  If the Commission demonstrates that a type approval authority concerned has breached any of the requirements of this Regulation following a joint audit, it shall immediately inform the Member States, the European Parliament and the Commission. The Commission may take all necessary measures to address non-compliance. In certain cases, and having due regard to the nature of the non-compliance, the Commission shall be empowered to suspend or withdraw the authority for the concerned approval authority to accept applications for EU type approval certificates under Article 21. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2c.
     
  If the Commission demonstrates that a type approval authority concerned has breached any of the requirements of this Regulation following a joint audit, it shall immediately inform the Member States, the European Parliament and the Commission. The Commission may take all necessary measures to address non-compliance. In certain cases, and having due regard to the nature of the non-compliance, the Commission shall be empowered to suspend or withdraw the authority for the concerned approval authority to accept applications for EU type approval certificates under Article 21.

Amendment 114

Amendment 114

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 c — subparagraph 1 a (new)

Article 10 — paragraph 2 c — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Within two months after having suspended or withdrawn such authority under paragraph 3, the Commission shall submit a report on its findings regarding the non-compliance to the Member States. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the Commission shall instruct the concerned approval authorities to suspend or withdraw, within a reasonable period of time, any certificates which were unduly issued. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Within two months after having suspended or withdrawn such authority under paragraph 3, the Commission shall submit a report on its findings regarding the non-compliance to the Member States. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the Commission shall instruct the concerned approval authorities to suspend or withdraw, within a reasonable period of time, any certificates which were unduly issued.

Within two months after having suspended or withdrawn such authority under paragraph 3, the Commission shall submit a report on its findings regarding the non-compliance to the Member States. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the Commission shall instruct the concerned approval authorities to suspend or withdraw, within a reasonable period of time, any certificates which were unduly issued.

Amendment 115

Amendment 115

Proposal for a regulation

Proposal for a regulation

Article 10 a (new)

Article 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 10a |
| | Online database |
| | 1.
     
  The Commission shall establish an online database for the secure electronic exchange of information related to type-approval procedures, authorisations issued, market surveillance and other relevant activities between national type approval authorities, market surveillance authorities, Member States and the Commission. |
| | 2.
     
  The Commission shall be responsible for coordination of access and receipt of regular updates with relevant authorities and data security and confidentiality relating to records maintained in the database. |
| | 3.
     
  Member States shall submit information required under Article 25 to the database. In addition, Member States shall supply details of the vehicle identification number of registered vehicles and the vehicle registration number allocated to a vehicle in accordance with Council Directive 1999/37/EC

   (1a)

  and shall provide the Commission with updates on a regular basis. This information shall be available in a searchable format. |
| | 4.
     
  The Commission shall establish an interface between the database and the EU Rapid Warning System (RAPEX) and the Information and Communication System on Market Surveillance (ICSMS), in order to facilitate market surveillance activities and ensure coordination, consistency and accuracy of the information provided to consumers and third parties. |
| | 5.
     
  The Commission shall also establish a publicly accessible interface which shall include the information contained in Annex IX and details of the approval authority issuing the type approval certificate under Article 24 and technical services who have performed tests required under Article 28. The Commission shall ensure that that information is presented in a searchable format. |
| | The Commission shall also provide for access to information necessary for verification testing, in accordance with the implementing acts adopted under Article 9(4). |
| | 6.
     
  As part of the database, the Commission shall develop a tool to upload third party test results and complaints about the performance of vehicles, systems, components and other technical units. Information submitted via that tool shall be taken into account in relation to market surveillance activities provided for in Articles 8 and 9. |
| | 7.
     
  In order to test the suitability of using the IMI for the purpose of exchanging information on the basis of this Article, a pilot project shall be launched by ... [3 months after the entry into force of this Regulation]. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 10a

Article 10a

Online database

Online database

1.
     
  The Commission shall establish an online database for the secure electronic exchange of information related to type-approval procedures, authorisations issued, market surveillance and other relevant activities between national type approval authorities, market surveillance authorities, Member States and the Commission.

2.
     
  The Commission shall be responsible for coordination of access and receipt of regular updates with relevant authorities and data security and confidentiality relating to records maintained in the database.

3.
     
  Member States shall submit information required under Article 25 to the database. In addition, Member States shall supply details of the vehicle identification number of registered vehicles and the vehicle registration number allocated to a vehicle in accordance with Council Directive 1999/37/EC

   (1a)

  and shall provide the Commission with updates on a regular basis. This information shall be available in a searchable format.

4.
     
  The Commission shall establish an interface between the database and the EU Rapid Warning System (RAPEX) and the Information and Communication System on Market Surveillance (ICSMS), in order to facilitate market surveillance activities and ensure coordination, consistency and accuracy of the information provided to consumers and third parties.

5.
     
  The Commission shall also establish a publicly accessible interface which shall include the information contained in Annex IX and details of the approval authority issuing the type approval certificate under Article 24 and technical services who have performed tests required under Article 28. The Commission shall ensure that that information is presented in a searchable format.

The Commission shall also provide for access to information necessary for verification testing, in accordance with the implementing acts adopted under Article 9(4).

The Commission shall also provide for access to information necessary for verification testing, in accordance with the implementing acts adopted under Article 9(4).

6.
     
  As part of the database, the Commission shall develop a tool to upload third party test results and complaints about the performance of vehicles, systems, components and other technical units. Information submitted via that tool shall be taken into account in relation to market surveillance activities provided for in Articles 8 and 9.

7.
     
  In order to test the suitability of using the IMI for the purpose of exchanging information on the basis of this Article, a pilot project shall be launched by ... [3 months after the entry into force of this Regulation].

Amendment 116

Amendment 116

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1

Article 11 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The manufacturer shall ensure that the vehicles, systems, components or separate technical units that
  he has manufactured and that have been
  placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation. | 1.   The manufacturer shall ensure that the vehicles, systems, components or separate technical units that
  are
  placed on the market or
  have
  entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation
  and that they continue to comply with those requirements regardless of the testing method used
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The manufacturer shall ensure that the vehicles, systems, components or separate technical units that
  he has manufactured and that have been
  placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation.

1.   The manufacturer shall ensure that the vehicles, systems, components or separate technical units that
  are
  placed on the market or
  have
  entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation
  and that they continue to comply with those requirements regardless of the testing method used
  .

Amendment 117

Amendment 117

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2 — subparagraph 1 a (new)

Article 11 — paragraph 2 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production regardless of testing method used. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production regardless of testing method used.

The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production regardless of testing method used.

Amendment 118

Amendment 118

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 4

Article 11 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   For the purposes of EU type-approval, a manufacturer established outside the Union shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval. | 4.   For the purposes of EU type-approval, a manufacturer
  of vehicles, systems, components or separate technical units,
  established outside the Union, shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   For the purposes of EU type-approval, a manufacturer established outside the Union shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval.

4.   For the purposes of EU type-approval, a manufacturer
  of vehicles, systems, components or separate technical units,
  established outside the Union, shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval.

Amendment 119

Amendment 119

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 4 a (new)

Article 11 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  When applying for EU type approval, the manufacturer shall ensure that the design of the vehicles, systems, components or separate technical units does not incorporate strategies or other means that unnecessarily alter the performance exhibited during applicable test procedures when those vehicles, systems, components or separate technical units are operated under conditions that might reasonably be expected to be encountered in normal operation and use. |
| | The manufacturer shall disclose any engine management strategies which might be deployed, either through hardware or software means. The manufacturer shall disclose all relevant information regarding such management strategies, including the software used, parameters of any such strategies and the technical justification as to why they are necessary. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  When applying for EU type approval, the manufacturer shall ensure that the design of the vehicles, systems, components or separate technical units does not incorporate strategies or other means that unnecessarily alter the performance exhibited during applicable test procedures when those vehicles, systems, components or separate technical units are operated under conditions that might reasonably be expected to be encountered in normal operation and use.

The manufacturer shall disclose any engine management strategies which might be deployed, either through hardware or software means. The manufacturer shall disclose all relevant information regarding such management strategies, including the software used, parameters of any such strategies and the technical justification as to why they are necessary.

The manufacturer shall disclose any engine management strategies which might be deployed, either through hardware or software means. The manufacturer shall disclose all relevant information regarding such management strategies, including the software used, parameters of any such strategies and the technical justification as to why they are necessary.

Amendment 120

Amendment 120

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 5

Article 11 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production, whether or not he is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production, whether or not he is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.

deleted

deleted

Amendment 121

Amendment 121

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 6 a (new)

Article 11 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  The manufacturer shall, to protect the environment, health and safety of consumers, investigate and keep a register of complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he placed on the market and keep his importers and distributors informed of such monitoring. |
| | If the number of complaints and non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is lower, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay. |
| | The information shall contain a description of the issue and details necessary to identify the affected type, variant and version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and market surveillance activities by Member States and the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.
     
  The manufacturer shall, to protect the environment, health and safety of consumers, investigate and keep a register of complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he placed on the market and keep his importers and distributors informed of such monitoring.

If the number of complaints and non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is lower, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay.

If the number of complaints and non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is lower, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay.

The information shall contain a description of the issue and details necessary to identify the affected type, variant and version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and market surveillance activities by Member States and the Commission.

The information shall contain a description of the issue and details necessary to identify the affected type, variant and version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and market surveillance activities by Member States and the Commission.

Amendment 122

Amendment 122

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 7 a (new)

Article 11 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a.
     
  The manufacturer shall ensure that the vehicle user, upon prior information, agrees to the processing and transmission of all data being generated while using the vehicle in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council

   (1a)

  . Where the data-processing and forwarding is not mandatory for the safe functioning of the vehicle, the manufacturer shall ensure that the vehicle user has the option of disconnecting the data transfer and that he or she is able to do it easily. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.
     
  The manufacturer shall ensure that the vehicle user, upon prior information, agrees to the processing and transmission of all data being generated while using the vehicle in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council

   (1a)

  . Where the data-processing and forwarding is not mandatory for the safe functioning of the vehicle, the manufacturer shall ensure that the vehicle user has the option of disconnecting the data transfer and that he or she is able to do it easily.

Amendment 123

Amendment 123

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 1 — subparagraph 1

Article 12 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A manufacturer
  who
  considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. | Where
  a manufacturer considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis
  of
  incorrect data,
  the manufacturer
  shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A manufacturer
  who
  considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate.

who

Where
  a manufacturer considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis
  of
  incorrect data,
  the manufacturer
  shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate.

Where

of

the manufacturer

Amendment 124

Amendment 124

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2

Article 12 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. | 2.   Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and
  risk and
  on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.

2.   Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and
  risk and
  on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.

Amendment 125

Amendment 125

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3 — subparagraph 1

Article 12 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The manufacturer shall keep the information package referred to in Article 24(4) for a period of ten years after the
  placing on the market of
  a vehicle and for a period of five years after the
  placing on the market
  for a system, component or separate technical unit. | The manufacturer shall keep the information package referred to in Article 24(4)
  and in addition the vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34
  for a period of ten years after the
  end of the validity of the EU type-approval for
  a vehicle and for a period of five years after the
  end of the validity of the EU type-approval
  for a system, component or separate technical unit. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The manufacturer shall keep the information package referred to in Article 24(4) for a period of ten years after the
  placing on the market of
  a vehicle and for a period of five years after the
  placing on the market
  for a system, component or separate technical unit.

placing on the market of

placing on the market

The manufacturer shall keep the information package referred to in Article 24(4)
  and in addition the vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34
  for a period of ten years after the
  end of the validity of the EU type-approval for
  a vehicle and for a period of five years after the
  end of the validity of the EU type-approval
  for a system, component or separate technical unit.

and in addition the vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34

end of the validity of the EU type-approval for

end of the validity of the EU type-approval

Amendment 126

Amendment 126

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 3 — subparagraph 2

Article 12 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34.

The vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34.

deleted

deleted

Amendment 127

Amendment 127

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 4 — subparagraph 1

Article 12 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The manufacturer shall, upon a reasoned request from a national authority, provide that authority, through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood
  by the national authority
  . | The manufacturer shall, upon a reasoned request from a national authority
  or the Commission
  , provide that authority
  or the Commission
  , through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit,
  part or equipment
  in a language that can be easily understood. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The manufacturer shall, upon a reasoned request from a national authority, provide that authority, through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood
  by the national authority
  .

by the national authority

The manufacturer shall, upon a reasoned request from a national authority
  or the Commission
  , provide that authority
  or the Commission
  , through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit,
  part or equipment
  in a language that can be easily understood.

or the Commission

or the Commission

part or equipment

Amendment 128

Amendment 128

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 4 — subparagraph 2

Article 12 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The manufacturer shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. | The manufacturer shall, following a reasoned request from a national authority
  or the Commission
  , cooperate with that authority
  or Commission
  on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The manufacturer shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.

The manufacturer shall, following a reasoned request from a national authority
  or the Commission
  , cooperate with that authority
  or Commission
  on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.

or the Commission

or Commission

Amendment 129

Amendment 129

Proposal for a regulation

Proposal for a regulation

Article 13 — title

Article 13 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Obligations of manufacturer’s representatives
  concerning market surveillance | Obligations of manufacturer’s representatives |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Obligations of manufacturer’s representatives
  concerning market surveillance

concerning market surveillance

Obligations of manufacturer’s representatives

Amendment 130

Amendment 130

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1 — introductory part

Article 13 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The manufacturer’s representative
  for market surveillance
  shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following: | 1.   The manufacturer’s representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The manufacturer’s representative
  for market surveillance
  shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following:

1.   The manufacturer’s representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following:

Amendment 131

Amendment 131

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1 — point a

Article 13 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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;

information folder referred to in Article 22

referred to in Article 34

| (a) | 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
  and the market surveillance 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; |
| --- | --- |

(a)

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
  and the market surveillance 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;

type-approval certificate and its attachments

and the market surveillance authorities

Amendment 132

Amendment 132

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1 — point b

Article 13 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit;

| (b) | following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit
  , including any technical specifications at type approval and access to software and algorithms; |
| --- | --- |

(b)

following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit
  , including any technical specifications at type approval and access to software and algorithms;

, including any technical specifications at type approval and access to software and algorithms;

Amendment 133

Amendment 133

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 3 — introductory part

Article 13 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The details of a change shall address at least the following aspects: | 3.   The details of a change
  to the mandate
  shall address at least the following aspects: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The details of a change shall address at least the following aspects:

3.   The details of a change
  to the mandate
  shall address at least the following aspects:

Amendment 134

Amendment 134

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 2 — subparagraph 1

Article 14 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that
  an information package referred to in Article 24(4) has been put together by the approval authority,
  and that the
  system,
  component or separate technical unit bears the required type-approval mark and complies with Article 11(7). | Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that
  it is covered by a valid type-approval certificate
  and that the component or separate technical unit bears the required type-approval mark and complies with Article 11(7). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that
  an information package referred to in Article 24(4) has been put together by the approval authority,
  and that the
  system,
  component or separate technical unit bears the required type-approval mark and complies with Article 11(7).

an information package referred to in Article 24(4) has been put together by the approval authority,

system,

Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that
  it is covered by a valid type-approval certificate
  and that the component or separate technical unit bears the required type-approval mark and complies with Article 11(7).

it is covered by a valid type-approval certificate

Amendment 135

Amendment 135

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 3

Article 14 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular
  that
  it does not correspond to its type-approval,
  he
  shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk,
  he
  shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval. | 3.   Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular
  where
  it does not correspond to its type-approval,
  the importer
  shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk,
  the importer
  shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular
  that
  it does not correspond to its type-approval,
  he
  shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk,
  he
  shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.

3.   Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular
  where
  it does not correspond to its type-approval,
  the importer
  shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk,
  the importer
  shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.

Amendment 136

Amendment 136

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 6

Article 14 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such
  monitoring
  . | 6.   The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints
  , non-conformities
  and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such
  complaints and recalls
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such
  monitoring
  .

6.   The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints
  , non-conformities
  and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such
  complaints and recalls
  .

Amendment 137

Amendment 137

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 6 a (new)

Article 14 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  The importer shall immediately inform the relevant manufacturer about complaints and reports relating to risks, to suspected incidents, or to non-conformity relating to vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.
     
  The importer shall immediately inform the relevant manufacturer about complaints and reports relating to risks, to suspected incidents, or to non-conformity relating to vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market.

Amendment 138

Amendment 138

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1

Article 15 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate. | 1.   Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity
  under the manufacturer's control
  , to withdraw it from the market or to recall it, as appropriate.
  The importer shall also inform the manufacturer and the type-approval authority that has granted the type-approval. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate.

1.   Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity
  under the manufacturer's control
  , to withdraw it from the market or to recall it, as appropriate.
  The importer shall also inform the manufacturer and the type-approval authority that has granted the type-approval.

Amendment 139

Amendment 139

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 — subparagraph 1

Article 15 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market. | Where a vehicle, system, component, separate technical unit, part or equipment
  that has been placed on the market
  presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market.

Where a vehicle, system, component, separate technical unit, part or equipment
  that has been placed on the market
  presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market.

that has been placed on the market

Amendment 140

Amendment 140

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively. | 1.
     A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively. |
| | 2.
     
  The distributer shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the importer or manufacturer without delay. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively.

1.
     A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively.

2.
     
  The distributer shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the importer or manufacturer without delay.

Amendment 141

Amendment 141

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 1

Article 17 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation,
  he
  shall not
  make available
  on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity. | 1.   Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation,
  the distributor shall inform the manufacturer, the importer and the type-approval authority that has granted the type-approval of that fact and
  shall not
  place
  on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation,
  he
  shall not
  make available
  on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity.

1.   Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation,
  the distributor shall inform the manufacturer, the importer and the type-approval authority that has granted the type-approval of that fact and
  shall not
  place
  on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity.

Amendment 142

Amendment 142

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 2

Article 17 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The distributor
  who
  considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer
  or
  the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1). | 2.   
  Where
  the distributor considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation,
  the distributor
  shall inform the manufacturer, the importer
  and the type-approval authority that has granted the type-approval in order
  to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The distributor
  who
  considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation, shall inform the manufacturer
  or
  the importer to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1).

2.   
  Where
  the distributor considers that a vehicle, system, component or separate technical unit that he has made available on the market is not in conformity with this Regulation,
  the distributor
  shall inform the manufacturer, the importer
  and the type-approval authority that has granted the type-approval in order
  to ensure that the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity, to withdraw it from the market or to recall it, as appropriate, are taken in accordance with Article 12(1) or Article 15(1).

Amendment 143

Amendment 143

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 3

Article 17 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details
  , in particular of the serious risk and
  of corrective measures taken by the manufacturer. | 3.   Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details of corrective measures taken by the manufacturer. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details
  , in particular of the serious risk and
  of corrective measures taken by the manufacturer.

3.   Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details of corrective measures taken by the manufacturer.

Amendment 144

Amendment 144

Proposal for a regulation

Proposal for a regulation

Article 17 — paragraph 4

Article 17 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The distributor shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. | 4.   The distributor shall, following a reasoned request from a national authority
  or the Commission
  , cooperate with that authority
  or the Commission
  on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The distributor shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.

4.   The distributor shall, following a reasoned request from a national authority
  or the Commission
  , cooperate with that authority
  or the Commission
  on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.

Amendment 145

Amendment 145

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 2

Article 20 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   For system type-approval, component type-approval and separate technical unit type-approval only the single-step type-approval is applicable. | 2.   
  Without prejudice to the requirements of the regulatory acts listed in Annex IV,
  for system type-approval, component type-approval and separate technical unit type-approval, only the single-step type-approval is applicable. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

2.   
  Without prejudice to the requirements of the regulatory acts listed in Annex IV,
  for system type-approval, component type-approval and separate technical unit type-approval, only the single-step type-approval is applicable.

Amendment 146

Amendment 146

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 4

Article 20 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure,
  even
  where granted for a different category of vehicle. | 4.   The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements
  , in accordance with the procedures laid down in Annex XVII
  . Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure,
  including
  where granted for a different category of vehicle.
  It shall also include a check that the performance of the systems that were granted type-approval separately are still in conformity with those type-approvals after they have been incorporated into a whole vehicle. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure,
  even
  where granted for a different category of vehicle.

4.   The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements
  , in accordance with the procedures laid down in Annex XVII
  . Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure,
  including
  where granted for a different category of vehicle.
  It shall also include a check that the performance of the systems that were granted type-approval separately are still in conformity with those type-approvals after they have been incorporated into a whole vehicle.

Amendment 147

Amendment 147

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 5

Article 20 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The choice of type-approval referred to in paragraph 1 shall not affect the applicable
  substantive
  requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval. | 5.   The choice of type-approval referred to in paragraph 1 shall not affect the
  all
  applicable requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The choice of type-approval referred to in paragraph 1 shall not affect the applicable
  substantive
  requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval.

5.   The choice of type-approval referred to in paragraph 1 shall not affect the
  all
  applicable requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval.

Amendment 148

Amendment 148

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 6 a (new)

Article 20 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  The manufacturer shall make available to the approval authority as many vehicles, components or separate technical units as are required under the relevant regulatory acts for the performance of the required tests. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6a.
     
  The manufacturer shall make available to the approval authority as many vehicles, components or separate technical units as are required under the relevant regulatory acts for the performance of the required tests.

Amendment 149

Amendment 149

Proposal for a regulation

Proposal for a regulation

Article 21 — paragraph 2

Article 21 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only. | 2.   Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only.
  Once the application is submitted the manufacturer shall not be permitted to interrupt the procedure and to submit another application for the same type to another approval authority or to another technical services. Furthermore, if the type-approval is refused or the test fails in a technical service the manufacturer shall not be permitted to submit another application for the same type to another approval authority or to another technical service. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only.

2.   Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only.
  Once the application is submitted the manufacturer shall not be permitted to interrupt the procedure and to submit another application for the same type to another approval authority or to another technical services. Furthermore, if the type-approval is refused or the test fails in a technical service the manufacturer shall not be permitted to submit another application for the same type to another approval authority or to another technical service.

Amendment 150

Amendment 150

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 1 — point a

Article 22 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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;

| (a) | 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
  ; |
| --- | --- |

(a)

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
  ;

whole-vehicle

whole-vehicle

or in the relevant regulatory acts in case of the approval of a system, component or separate technical unit

Amendment 151

Amendment 151

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 1 — point d

Article 22 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | any additional information requested by the approval authority in the context of the
  application
  procedure. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

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

application

| (d) | any additional information requested by the approval authority in the context of the
  type-approval
  procedure. |
| --- | --- |

(d)

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

type-approval

Amendment 152

Amendment 152

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 2

Article 22 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The information folder shall be supplied in an electronic format
  to be provided by the Commission but may also be supplied on paper
  . | 2.   The information folder shall be supplied in an electronic format. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The information folder shall be supplied in an electronic format
  to be provided by the Commission but may also be supplied on paper
  .

2.   The information folder shall be supplied in an electronic format.

Amendment 153

Amendment 153

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1 — subparagraph 1

Article 23 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports, required pursuant to the
  applicable
  acts listed in Annex IV. | An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports
  and documents containing information
  , required pursuant to the
  regulatory
  acts listed in Annex IV. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports, required pursuant to the
  applicable
  acts listed in Annex IV.

applicable

An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports
  and documents containing information
  , required pursuant to the
  regulatory
  acts listed in Annex IV.

and documents containing information

regulatory

Amendment 154

Amendment 154

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 1 — subparagraph 2

Article 23 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the
  applicable
  acts listed in Annex IV, the approval authority shall have access to the information folder until the whole-vehicle type-approval is either issued or refused. | In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the
  regulatory
  acts listed in Annex IV, the approval authority shall have access to the information folder
  and information documents
  until the whole-vehicle type-approval is either issued or refused. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the
  applicable
  acts listed in Annex IV, the approval authority shall have access to the information folder until the whole-vehicle type-approval is either issued or refused.

applicable

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.

regulatory

and information documents

Amendment 155

Amendment 155

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 2 — subparagraph 1

Article 23 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports, required pursuant to the
  applicable
  acts listed in Annex IV. | An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports
  and information documents
  , required pursuant to the
  regulatory
  acts listed in Annex IV. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports, required pursuant to the
  applicable
  acts listed in Annex IV.

applicable

An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports
  and information documents
  , required pursuant to the
  regulatory
  acts listed in Annex IV.

and information documents

regulatory

Amendment 156

Amendment 156

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 3 — subparagraph 1 — point a

Article 23 — paragraph 3 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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;

| (a) | in the first stage, those parts of the information folder and the EU type-approval certificates
  and test reports,
  that are relevant to the state of completion of the base vehicle; |
| --- | --- |

(a)

in the first stage, those parts of the information folder and the EU type-approval certificates
  and test reports,
  that are relevant to the state of completion of the base vehicle;

and test reports,

Amendment 157

Amendment 157

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 3 — subparagraph 1 — point b

Article 23 — paragraph 3 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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.

| (b) | 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. |
| --- | --- |

(b)

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.

whole-vehicle

Amendment 158

Amendment 158

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 3 — subparagraph 2

Article 23 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The information specified in points (a) and (b)
  may
  be supplied in accordance with Article 22(2). | The information specified in points (a) and (b)
  shall
  be supplied in accordance with Article 22(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The information specified in points (a) and (b)
  may
  be supplied in accordance with Article 22(2).

may

The information specified in points (a) and (b)
  shall
  be supplied in accordance with Article 22(2).

shall

Amendment 159

Amendment 159

Proposal for a regulation

Proposal for a regulation

Article 23 — paragraph 4 — subparagraph 1

Article 23 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The approval authority and technical services shall have access to the software and algorithms of the vehicle. | The approval authority and technical services shall have access to the software,
  hardware
  and algorithms of the vehicle
  , together with documentation or other information allowing an appropriate and relevant level of understanding of the systems, including the systems development process and systems concept, and functions of such software and hardware which enable the vehicle to comply with the requirements of this Regulation. |
| | During the period of validity of the EU type-approval, access shall be granted to the software, hardware and algorithms of the vehicle in order to allow verification that the requirements of this Regulation are complied with during periodic inspection. After the expiration of the type approval certificate and in the event of non-renewal of that certificate, the access shall continue to be granted upon request. The information to be disclosed for those particular purposes is not to be such as to undermine the confidentiality of proprietary information and intellectual property. The manufacturer shall communicate to the approval authority and the technical service — in a standardised form — the version of the software governing safety-related systems and components and settings or other calibrations applied to emissions-related systems and components at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The approval authority and technical services shall have access to the software and algorithms of the vehicle.

The approval authority and technical services shall have access to the software,
  hardware
  and algorithms of the vehicle
  , together with documentation or other information allowing an appropriate and relevant level of understanding of the systems, including the systems development process and systems concept, and functions of such software and hardware which enable the vehicle to comply with the requirements of this Regulation.

hardware

, together with documentation or other information allowing an appropriate and relevant level of understanding of the systems, including the systems development process and systems concept, and functions of such software and hardware which enable the vehicle to comply with the requirements of this Regulation.

During the period of validity of the EU type-approval, access shall be granted to the software, hardware and algorithms of the vehicle in order to allow verification that the requirements of this Regulation are complied with during periodic inspection. After the expiration of the type approval certificate and in the event of non-renewal of that certificate, the access shall continue to be granted upon request. The information to be disclosed for those particular purposes is not to be such as to undermine the confidentiality of proprietary information and intellectual property. The manufacturer shall communicate to the approval authority and the technical service — in a standardised form — the version of the software governing safety-related systems and components and settings or other calibrations applied to emissions-related systems and components at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters
  .

During the period of validity of the EU type-approval, access shall be granted to the software, hardware and algorithms of the vehicle in order to allow verification that the requirements of this Regulation are complied with during periodic inspection. After the expiration of the type approval certificate and in the event of non-renewal of that certificate, the access shall continue to be granted upon request. The information to be disclosed for those particular purposes is not to be such as to undermine the confidentiality of proprietary information and intellectual property. The manufacturer shall communicate to the approval authority and the technical service — in a standardised form — the version of the software governing safety-related systems and components and settings or other calibrations applied to emissions-related systems and components at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters

Amendment 160

Amendment 160

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 2 — point d

Article 24 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | 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(4), 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

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(4), 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.

| (d) | 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(4), 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. |
| --- | --- |

(d)

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(4), 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.

valid

Amendment 161

Amendment 161

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 4 — subparagraph 2

Article 24 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The information package shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval. | The information package
  may be kept electronically and
  shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The information package shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval.

The information package
  may be kept electronically and
  shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval.

may be kept electronically and

Amendment 162

Amendment 162

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 5

Article 24 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a 
  serious
  risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings. | 5.   The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a 
  serious
  risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings.

5.   The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings.

Amendment 163

Amendment 163

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 6 — subparagraph 1

Article 24 — paragraph 6 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| In accordance with Article 20
  (4) and (5)
  , in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV. | In accordance with Article 20, in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In accordance with Article 20
  (4) and (5)
  , in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV.

(4) and (5)

In accordance with Article 20, in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV.

Amendment 164

Amendment 164

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 1

Article 25 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The approval authority shall, within one month of issuing or amending the EU type-approval certificate,
  send
  to the
  approval authorities of the other Member States and the Commission a copy of
  the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved.
  That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file
  . | 1.   The approval authority shall, within one month of issuing or amending the EU type-approval certificate,
  submit
  to the
  online database information comprising
  the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The approval authority shall, within one month of issuing or amending the EU type-approval certificate,
  send
  to the
  approval authorities of the other Member States and the Commission a copy of
  the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved.
  That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file
  .

1.   The approval authority shall, within one month of issuing or amending the EU type-approval certificate,
  submit
  to the
  online database information comprising
  the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved.

Amendment 165

Amendment 165

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 3

Article 25 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  Where requested by an approval authority of another Member State or the Commission, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  Where requested by an approval authority of another Member State or the Commission, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file.

deleted

deleted

Amendment 166

Amendment 166

Proposal for a regulation

Proposal for a regulation

Article 25 — paragraph 4

Article 25 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. | 4.   The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
  The approval authority shall also update this information on the online database. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.

4.   The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
  The approval authority shall also update this information on the online database.

Amendment 167

Amendment 167

Proposal for a regulation

Proposal for a regulation

Article 26 — paragraph 1 — point d

Article 26 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | in the case of a whole-vehicle type-approval, a filled-out specimen of the certificate of conformity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

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

| (d) | in the case of a whole-vehicle type-approval, a filled-out specimen of the certificate of conformity
  of the vehicle type
  . |
| --- | --- |

(d)

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

of the vehicle type

Amendment 168

Amendment 168

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 1

Article 28 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV
  shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by designated technical services
  . | 1.   
  For the purpose of EU type-approvals the approval authority shall verify
  compliance with the technical requirements of this Regulation and of the
  relevant
  regulatory acts listed in Annex IV
  by means of appropriate tests performed by designated technical services. |
| | The format of the test reports shall comply with the general requirements laid down in Appendix 3 to Annex V
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV
  shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by designated technical services
  .

1.   
  For the purpose of EU type-approvals the approval authority shall verify
  compliance with the technical requirements of this Regulation and of the
  relevant
  regulatory acts listed in Annex IV
  by means of appropriate tests performed by designated technical services.

The format of the test reports shall comply with the general requirements laid down in Appendix 3 to Annex V
  .

The format of the test reports shall comply with the general requirements laid down in Appendix 3 to Annex V

Amendment 169

Amendment 169

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 2

Article 28 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The manufacturer shall provide the approval authority with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests. | 2.   The manufacturer shall provide the
  relevant technical services and
  approval authority with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The manufacturer shall provide the approval authority with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.

2.   The manufacturer shall provide the
  relevant technical services and
  approval authority with the vehicles, systems, components or separate technical units that are required under the relevant acts listed in Annex IV for the performance of the required tests.

Amendment 170

Amendment 170

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 3 a (new)

Article 28 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  The required tests shall be performed in accordance with the relevant regulatory acts listed in Annex IV. Where a range of values is provided for in the test procedures set out in the relevant regulatory acts, the technical services shall be able to set the parameters and conditions used to perform the appropriate tests referred to in paragraph 1. In the case of whole vehicle type-approval, the authorities shall ensure that the vehicles selected for testing represent the worst case with respect to compliance with the respective criteria and that the vehicles selected will not lead to the attainment of results that are systematically divergent from the performance when those vehicles are operated under conditions that might reasonably be expected to be encountered in normal operation and use. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  The required tests shall be performed in accordance with the relevant regulatory acts listed in Annex IV. Where a range of values is provided for in the test procedures set out in the relevant regulatory acts, the technical services shall be able to set the parameters and conditions used to perform the appropriate tests referred to in paragraph 1. In the case of whole vehicle type-approval, the authorities shall ensure that the vehicles selected for testing represent the worst case with respect to compliance with the respective criteria and that the vehicles selected will not lead to the attainment of results that are systematically divergent from the performance when those vehicles are operated under conditions that might reasonably be expected to be encountered in normal operation and use.

Amendment 348

Amendment 348

Proposal for a regulation

Proposal for a regulation

Article 28 — paragraph 3 b (new)

Article 28 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  In order to verify compliance with Article 3(10) and Article 5(2) of Regulation (EC) No 715/2007, the Commission, type-approval authorities and technical services may diverge from the standard test procedures and range of values and shall modify conditions and parameters in a non-predictable manner, and in particular may also do so beyond the values and procedures prescribed in the regulatory acts listed in Annex IV. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3b.
     
  In order to verify compliance with Article 3(10) and Article 5(2) of Regulation (EC) No 715/2007, the Commission, type-approval authorities and technical services may diverge from the standard test procedures and range of values and shall modify conditions and parameters in a non-predictable manner, and in particular may also do so beyond the values and procedures prescribed in the regulatory acts listed in Annex IV.

Amendment 171

Amendment 171

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 2

Article 29 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   An approval authority that has granted a whole-vehicle type-approval shall verify
  a
  statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. | 2.   An approval authority that has granted a whole-vehicle type-approval shall verify
  an adequate and
  statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   An approval authority that has granted a whole-vehicle type-approval shall verify
  a
  statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct.

2.   An approval authority that has granted a whole-vehicle type-approval shall verify
  an adequate and
  statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct.

Amendment 172

Amendment 172

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 4

Article 29 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. | 4.   In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
  The approval authority shall carry out the first of those checks within a year from the date of issue of the certificates of conformity. The approval authority shall carry out subsequent checks at least once a year at random intervals which it shall determine. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.

4.   In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
  The approval authority shall carry out the first of those checks within a year from the date of issue of the certificates of conformity. The approval authority shall carry out subsequent checks at least once a year at random intervals which it shall determine.

Amendment 173

Amendment 173

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 4 a (new)

Article 29 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  When performing verification testing pursuant to paragraphs 2 and 4, an approval authority shall designate a different technical service from the one used during the original type-approval testing. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  When performing verification testing pursuant to paragraphs 2 and 4, an approval authority shall designate a different technical service from the one used during the original type-approval testing.

Amendment 174

Amendment 174

Proposal for a regulation

Proposal for a regulation

Article 29 — paragraph 5

Article 29 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   An approval authority that has granted an EU type-approval and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the
  procedure
  for conformity of production
  is
  followed correctly or withdraw the type-approval. | 5.   An approval authority that has granted an EU type-approval and
  that
  establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type,
  with the requirements of this Regulation or with the requirements of the regulatory acts listed in Annex IV,
  or
  that
  establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the
  arrangements
  for conformity of production
  are
  followed correctly or withdraw the type-approval.
  The approval authority may decide to take all necessary restrictive measures in accordance with Articles 53 and 54. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   An approval authority that has granted an EU type-approval and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the
  procedure
  for conformity of production
  is
  followed correctly or withdraw the type-approval.

5.   An approval authority that has granted an EU type-approval and
  that
  establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type,
  with the requirements of this Regulation or with the requirements of the regulatory acts listed in Annex IV,
  or
  that
  establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the
  arrangements
  for conformity of production
  are
  followed correctly or withdraw the type-approval.
  The approval authority may decide to take all necessary restrictive measures in accordance with Articles 53 and 54.

Amendment 175

Amendment 175

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 1

Article 30 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall
  establish a national fee structure to cover
  the costs for their
  type-approvals
  and market surveillance activities
  as well as for the type-approval testing and conformity of production testing and inspections carried out by
  the technical
  services they have designated
  . | 1.   Member States shall
  ensure that
  the costs for their
  type-approval
  and market surveillance activities
  are covered. Member States may implement a fee-based structure or may finance such activities through their national budgets, or apply a combination of both methods. Fees shall not be levied directly by technical services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall
  establish a national fee structure to cover
  the costs for their
  type-approvals
  and market surveillance activities
  as well as for the type-approval testing and conformity of production testing and inspections carried out by
  the technical
  services they have designated
  .

1.   Member States shall
  ensure that
  the costs for their
  type-approval
  and market surveillance activities
  are covered. Member States may implement a fee-based structure or may finance such activities through their national budgets, or apply a combination of both methods. Fees shall not be levied directly by technical services.

Amendment 176

Amendment 176

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 2

Article 30 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Fees shall
  not
  be levied
  directly by technical services
  . | 2.   
  Where a fee-based structure is implemented,
  those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned.
  Where a fee-based structure applies to conformity of production, those national
  fees shall be levied
  by the Member State on the manufacturer in the Member State where the production takes place
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Fees shall
  not
  be levied
  directly by technical services
  .

2.   
  Where a fee-based structure is implemented,
  those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned.
  Where a fee-based structure applies to conformity of production, those national
  fees shall be levied
  by the Member State on the manufacturer in the Member State where the production takes place
  .

Amendment 177

Amendment 177

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 3

Article 30 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The
  national fee structure
  shall
  also cover
  the costs
  for the compliance verification
  inspections and tests
  carried out
  by the Commission in accordance with Article 9
  . These contributions shall constitute external assigned revenues for
  the general budget of the European Union
  , according to Art. 21(4) of the Financial Regulation

   (26) . | 3.   The
  Commission
  shall
  ensure that
  the costs
  of the
  inspections and tests
  mandated
  by the Commission in accordance with Article 9
  are covered.
  The general budget of the European Union
  shall be used for this purpose
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The
  national fee structure
  shall
  also cover
  the costs
  for the compliance verification
  inspections and tests
  carried out
  by the Commission in accordance with Article 9
  . These contributions shall constitute external assigned revenues for
  the general budget of the European Union
  , according to Art. 21(4) of the Financial Regulation

   (26) .

3.   The
  Commission
  shall
  ensure that
  the costs
  of the
  inspections and tests
  mandated
  by the Commission in accordance with Article 9
  are covered.
  The general budget of the European Union
  shall be used for this purpose
  .

Amendment 178

Amendment 178

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 4

Article 30 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States shall notify the details of their
  national fee structure
  to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis. | 4.   Member States shall notify the details of their
  financial mechanism or mechanisms
  to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Member States shall notify the details of their
  national fee structure
  to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis.

4.   Member States shall notify the details of their
  financial mechanism or mechanisms
  to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis.

Amendment 179

Amendment 179

Proposal for a regulation

Proposal for a regulation

Article 30 — paragraph 5

Article 30 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  The Commission may adopt implementing acts in order to define the top-up referred to in paragraph 3 to be applied to the national fees referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  The Commission may adopt implementing acts in order to define the top-up referred to in paragraph 3 to be applied to the national fees referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

deleted

deleted

Amendment 180

Amendment 180

Proposal for a regulation

Proposal for a regulation

Article 31 — paragraph 5

Article 31 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Where the approval authority finds that the changes in the particulars recorded in the information package
  are substantial, to the extent that they
  cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval. | 5.   Where the approval authority finds that the changes in the particulars recorded in the information package cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Where the approval authority finds that the changes in the particulars recorded in the information package
  are substantial, to the extent that they
  cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval.

5.   Where the approval authority finds that the changes in the particulars recorded in the information package cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval.

Amendment 181

Amendment 181

Proposal for a regulation

Proposal for a regulation

Article 32 — paragraph 2 — subparagraph 1 — point b a (new)

Article 32 — paragraph 2 — subparagraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the results of verification testing by either the Commission or the market surveillance authorities show any non-conformity with the Union safety or environmental legislation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the results of verification testing by either the Commission or the market surveillance authorities show any non-conformity with the Union safety or environmental legislation;

the results of verification testing by either the Commission or the market surveillance authorities show any non-conformity with the Union safety or environmental legislation;

Amendment 182

Amendment 182

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 1

Article 33 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of
  5
  years
  without the possibility of prolongation
  . The expiry date shall be indicated in the type-approval certificate.
  After
  the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle
  , system, component and separate technical unit
  complies with all the requirements of the relevant regulatory acts for new vehicles
  , systems, components and separate technical units of that type
  . | 1.   Type-approvals for vehicles
  of categories M1 and N1
  ,
  and for
  systems, components and separate technical units
  listed in accordance with paragraph 1a,
  shall be issued for a limited period of
  seven
  years
  , and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 10 years
  . The expiry date shall be indicated in the
  EU
  type-approval certificate. |
| | Prior to
  the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle
  as a whole
  complies with all the requirements
  , including testing protocols,
  of the relevant regulatory acts for new vehicles
  of that approved type. Where the approval authority establishes that this subparagraph applies, it is not necessary for the tests referred to in Article 28 to be repeated. |
| | In order to allow the approval authority to fulfil its tasks, the manufacturer shall submit his application at the earliest 12 months and at the latest six months before the expiry of the EU type-approval certificate
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of
  5
  years
  without the possibility of prolongation
  . The expiry date shall be indicated in the type-approval certificate.
  After
  the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle
  , system, component and separate technical unit
  complies with all the requirements of the relevant regulatory acts for new vehicles
  , systems, components and separate technical units of that type
  .

1.   Type-approvals for vehicles
  of categories M1 and N1
  ,
  and for
  systems, components and separate technical units
  listed in accordance with paragraph 1a,
  shall be issued for a limited period of
  seven
  years
  , and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 10 years
  . The expiry date shall be indicated in the
  EU
  type-approval certificate.

Prior to
  the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle
  as a whole
  complies with all the requirements
  , including testing protocols,
  of the relevant regulatory acts for new vehicles
  of that approved type. Where the approval authority establishes that this subparagraph applies, it is not necessary for the tests referred to in Article 28 to be repeated.

Prior to

as a whole

, including testing protocols,

of that approved type. Where the approval authority establishes that this subparagraph applies, it is not necessary for the tests referred to in Article 28 to be repeated.

In order to allow the approval authority to fulfil its tasks, the manufacturer shall submit his application at the earliest 12 months and at the latest six months before the expiry of the EU type-approval certificate
  .

In order to allow the approval authority to fulfil its tasks, the manufacturer shall submit his application at the earliest 12 months and at the latest six months before the expiry of the EU type-approval certificate

Amendment 183

Amendment 183

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 1 a (new)

Article 33 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Type-approvals for systems, components and separate technical units shall in principle be issued for an unlimited period. Since certain systems, components and separate technical units might, by their nature or technical features, require more frequent updating, the relevant type approvals shall be issued for a limited period of seven years. The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by establishing a list of systems, components and separate technical units which, due to the nature of those systems, components and separate technical units, need to be issued for a limited period only. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Type-approvals for systems, components and separate technical units shall in principle be issued for an unlimited period. Since certain systems, components and separate technical units might, by their nature or technical features, require more frequent updating, the relevant type approvals shall be issued for a limited period of seven years. The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by establishing a list of systems, components and separate technical units which, due to the nature of those systems, components and separate technical units, need to be issued for a limited period only.

Amendment 184

Amendment 184

Proposal for a regulation

Proposal for a regulation

Article 33 — paragraph 2 — point b

Article 33 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis;

| (b) | where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis
  , which shall in any event be deemed to have occurred when no vehicle of the type concerned has been produced in the previous two years
  ; |
| --- | --- |

(b)

where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis
  , which shall in any event be deemed to have occurred when no vehicle of the type concerned has been produced in the previous two years
  ;

, which shall in any event be deemed to have occurred when no vehicle of the type concerned has been produced in the previous two years

Amendment 185

Amendment 185

Proposal for a regulation

Proposal for a regulation

Article 34 — paragraph 4

Article 34 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4)   The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to
  fully
  engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production. | (4)   The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4)   The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to
  fully
  engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production.

(4)   The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production.

Amendment 186

Amendment 186

Proposal for a regulation

Proposal for a regulation

Article 36 — paragraph 3 a (new)

Article 36 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Economic operators shall only place on the market vehicles, components or separate technical units which are marked in a way that complies with this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Economic operators shall only place on the market vehicles, components or separate technical units which are marked in a way that complies with this Regulation.

Amendment 187

Amendment 187

Proposal for a regulation

Proposal for a regulation

Article 38 — paragraph 3

Article 38 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). | 3.   Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the
  validity of the
  provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

3.   Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the
  validity of the
  provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

Amendment 188

Amendment 188

Proposal for a regulation

Proposal for a regulation

Article 40 — paragraph 2

Article 40 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States may decide to exempt any type of vehicle referred to in paragraph 1 from one or more of the
  substantive
  requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements. | 2.   Member States may decide to exempt any type of vehicle referred to in paragraph 1 from
  compliance with
  one or more of the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States may decide to exempt any type of vehicle referred to in paragraph 1 from one or more of the
  substantive
  requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements.

2.   Member States may decide to exempt any type of vehicle referred to in paragraph 1 from
  compliance with
  one or more of the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements.

Amendment 189

Amendment 189

Proposal for a regulation

Proposal for a regulation

Article 40 — paragraph 2 a (new)

Article 40 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  In addition, more flexibility shall be granted to SMEs with small production that are unable to meet the same time-constraint criteria as large manufacturers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  In addition, more flexibility shall be granted to SMEs with small production that are unable to meet the same time-constraint criteria as large manufacturers.

Amendment 190

Amendment 190

Proposal for a regulation

Proposal for a regulation

Article 41 — paragraph 3 — subparagraph 2 a (new)

Article 41 — paragraph 3 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Where no objection has been raised within the period of three months referred to in the first sub-paragraph the national type-approval shall be considered to have been accepted. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where no objection has been raised within the period of three months referred to in the first sub-paragraph the national type-approval shall be considered to have been accepted.

Where no objection has been raised within the period of three months referred to in the first sub-paragraph the national type-approval shall be considered to have been accepted.

Amendment 191

Amendment 191

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 1

Article 42 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV. | 1.   Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV.
  This provision shall not apply to incomplete vehicles. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV.

1.   Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV.
  This provision shall not apply to incomplete vehicles.

Amendment 192

Amendment 192

Proposal for a regulation

Proposal for a regulation

Article 42 — paragraph 2

Article 42 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   An application for an EU individual vehicle approval shall be submitted by the
  manufacturer, or by the
  owner of the vehicle, or by the representative of the
  latter
  , provided that that representative is established within the Union. | 2.   An application for an EU individual vehicle approval shall be submitted by the owner of the vehicle,
  the manufacturer,
  or by the representative of the
  manufacturer
  , provided that that representative is established within the Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   An application for an EU individual vehicle approval shall be submitted by the
  manufacturer, or by the
  owner of the vehicle, or by the representative of the
  latter
  , provided that that representative is established within the Union.

2.   An application for an EU individual vehicle approval shall be submitted by the owner of the vehicle,
  the manufacturer,
  or by the representative of the
  manufacturer
  , provided that that representative is established within the Union.

Amendment 193

Amendment 193

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 1

Article 43 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the
  substantive
  requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements. | 1.   Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the
  substantive
  requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements.

1.   Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements.

Amendment 194

Amendment 194

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 2

Article 43 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   An application for national individual vehicle approval shall be submitted by the
  manufacturer, or by the
  owner of the vehicle, or by the representative of the
  latter
  , provided that that representative is established within Union. | 2.   An application for national individual vehicle approval shall be submitted by the owner of the vehicle,
  the manufacturer
  or by the representative of the
  manufacturer
  , provided that that representative is established within Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   An application for national individual vehicle approval shall be submitted by the
  manufacturer, or by the
  owner of the vehicle, or by the representative of the
  latter
  , provided that that representative is established within Union.

2.   An application for national individual vehicle approval shall be submitted by the owner of the vehicle,
  the manufacturer
  or by the representative of the
  manufacturer
  , provided that that representative is established within Union.

Amendment 195

Amendment 195

Proposal for a regulation

Proposal for a regulation

Article 43 — paragraph 6 — subparagraph 1

Article 43 — paragraph 6 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information
  necessary to apply for the registration provided for in Council Directive 1999/37/EC

   (28). | The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information
  included in the template of the EU individual approval certificate set out in Annex VI
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information
  necessary to apply for the registration provided for in Council Directive 1999/37/EC

   (28).

necessary to apply for the registration provided for in Council Directive 1999/37/EC

28

The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information
  included in the template of the EU individual approval certificate set out in Annex VI
  .

included in the template of the EU individual approval certificate set out in Annex VI

Amendment 196

Amendment 196

Proposal for a regulation

Proposal for a regulation

Article 44 — paragraph 3

Article 44 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own. | 3.   A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own
  or that the vehicle does not comply with those requirements
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own.

3.   A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own
  or that the vehicle does not comply with those requirements
  .

Amendment 197

Amendment 197

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 1

Article 45 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The procedures set out in Articles
  43 and 44
  may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval. | 1.   The procedures set out in Articles
  42 and 43
  may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval.
  For vehicles approved in multi-stage type-approval Annex XVII shall apply. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The procedures set out in Articles
  43 and 44
  may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval.

1.   The procedures set out in Articles
  42 and 43
  may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval.
  For vehicles approved in multi-stage type-approval Annex XVII shall apply.

Amendment 198

Amendment 198

Proposal for a regulation

Proposal for a regulation

Article 45 — paragraph 2

Article 45 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The procedures set out in Articles
  43 and 44 may
  not replace an intermediate stage within the normal sequence of a multi-stage type- approval and
  may
  not apply for the purposes of obtaining the first-stage approval of a vehicle. | 2.   The procedures set out in Articles
  42 and 43 shall
  not replace an intermediate stage within the normal sequence of a multi-stage type- approval and
  shall
  not apply for the purposes of obtaining the first-stage approval of a vehicle. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The procedures set out in Articles
  43 and 44 may
  not replace an intermediate stage within the normal sequence of a multi-stage type- approval and
  may
  not apply for the purposes of obtaining the first-stage approval of a vehicle.

2.   The procedures set out in Articles
  42 and 43 shall
  not replace an intermediate stage within the normal sequence of a multi-stage type- approval and
  shall
  not apply for the purposes of obtaining the first-stage approval of a vehicle.

Amendment 199

Amendment 199

Proposal for a regulation

Proposal for a regulation

Article 46 — paragraph 1 — subparagraph 2

Article 46 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Incomplete vehicles may be made available on the market
  or entered into service
  , but the national authorities responsible for vehicle registration may refuse the registration and the use on the road of such vehicles. | Incomplete vehicles may be made available on the market, but the national authorities responsible for vehicle registration may refuse the registration
  , the entry into service
  and the use on the road of such vehicles. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Incomplete vehicles may be made available on the market
  or entered into service
  , but the national authorities responsible for vehicle registration may refuse the registration and the use on the road of such vehicles.

or entered into service

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.

, the entry into service

Amendment 201

Amendment 201

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 1 — subparagraph 2

Article 47 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been
  made available on the market nor
  registered or entered into service before their EU type-approval lost its validity. | The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been registered or entered into service before their EU type-approval lost its validity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been
  made available on the market nor
  registered or entered into service before their EU type-approval lost its validity.

made available on the market nor

The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been registered or entered into service before their EU type-approval lost its validity.

Amendment 202

Amendment 202

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 3 — subparagraph 1

Article 47 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the
  national
  authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned. | A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the
  type approval
  authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the
  national
  authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned.

national

A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the
  type approval
  authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned.

type approval

Amendment 203

Amendment 203

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 3 — subparagraph 2

Article 47 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The national authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted. | The national
  type-approval
  authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The national authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted.

The national
  type-approval
  authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted.

type-approval

Amendment 204

Amendment 204

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 4

Article 47 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be
  made available on the market,
  registered or entered into service in the Union. | 4.   Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be registered or entered into service in the Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be
  made available on the market,
  registered or entered into service in the Union.

4.   Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be registered or entered into service in the Union.

Amendment 205

Amendment 205

Proposal for a regulation

Proposal for a regulation

Article 47 — paragraph 6

Article 47 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Member States shall keep records of the VIN of the vehicles that they
  permitted to be made available on the market,
  registered or entered into service in accordance with this Article. | 6.   Member States shall keep records of the VIN of the vehicles that they registered or entered into service in accordance with this Article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   Member States shall keep records of the VIN of the vehicles that they
  permitted to be made available on the market,
  registered or entered into service in accordance with this Article.

6.   Member States shall keep records of the VIN of the vehicles that they registered or entered into service in accordance with this Article.

Amendment 206

Amendment 206

Proposal for a regulation

Proposal for a regulation

Article 49 — title

Article 49 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Procedure for dealing with
  vehicles, systems, components or separate technical units presenting a serious risk
  at national level | National evaluation regarding
  vehicles, systems, components or separate technical units
  suspected of
  presenting a serious risk
  or of being non-compliant |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Procedure for dealing with

at national level

National evaluation regarding
  vehicles, systems, components or separate technical units
  suspected of
  presenting a serious risk
  or of being non-compliant

National evaluation regarding

suspected of

or of being non-compliant

Amendment 207

Amendment 207

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 1

Article 49 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  Market surveillance authorities of one Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008 and Article 8 of this Regulation, or that have sufficient reason
  to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation, shall
  inform without delay the approval authority that granted the approval about its findings
  . | 1.   
  Where, based on the market surveillance activities or on information provided by an approval authority, manufacturers or complaints, the market surveillance authorities of one Member State have reasons
  to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation
  or does not comply with the requirements laid down in this Regulation, those market surveillance authorities
  shall
  carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the market surveillance authorities
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   
  Market surveillance authorities of one Member State that have taken action pursuant to Article 20 of Regulation (EC) No 765/2008 and Article 8 of this Regulation, or that have sufficient reason
  to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation, shall
  inform without delay the approval authority that granted the approval about its findings
  .

1.   
  Where, based on the market surveillance activities or on information provided by an approval authority, manufacturers or complaints, the market surveillance authorities of one Member State have reasons
  to believe that a vehicle, system, component or separate technical unit covered by this Regulation presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation
  or does not comply with the requirements laid down in this Regulation, those market surveillance authorities
  shall
  carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the market surveillance authorities
  .

Amendment 208

Amendment 208

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 2 — subparagraph 1

Article 49 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The approval authority referred to in paragraph 1 shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the approval and market surveillance authorities. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The approval authority referred to in paragraph 1 shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the approval and market surveillance authorities.

The approval authority referred to in paragraph 1 shall carry out an evaluation in relation to the vehicle, system, component or separate technical unit concerned covering all the requirements laid down in this Regulation. The relevant economic operators shall cooperate fully with the approval and market surveillance authorities.

deleted

deleted

Amendment 209

Amendment 209

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 2 — subparagraph 1 a (new)

Article 49 — paragraph 2 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 20 of Regulation (EC) No 765/2008 shall apply to the risk assessment of the product. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 20 of Regulation (EC) No 765/2008 shall apply to the risk assessment of the product.

Article 20 of Regulation (EC) No 765/2008 shall apply to the risk assessment of the product.

Amendment 210

Amendment 210

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 2 — subparagraph 3

Article 49 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in the second subparagraph. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in the second subparagraph.

Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in the second subparagraph.

deleted

deleted

Amendment 211

Amendment 211

Proposal for a regulation

Proposal for a regulation

Article 49 — paragraph 3

Article 49 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  The relevant approval authority shall inform the Commission and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  The relevant approval authority shall inform the Commission and the other Member States of the results of the evaluation referred to in paragraph 1 and the action required of the economic operator.

deleted

deleted

Amendment 212

Amendment 212

Proposal for a regulation

Proposal for a regulation

Article 49 a (new)

Article 49 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 49a |
| | National procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk or non-compliant |
| | 1.
     
  Where, after performing the evaluation pursuant to Article 49, the Market surveillance authorities of one Member State find that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or is not compliant with this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk or this non-compliance. |
| | 2.
     
  The economic operator shall, in accordance with the obligations referred to in Articles 11 to 19, ensure that all appropriate corrective measures are taken in respect of all concerned vehicles, systems, components or separate technical units that it has placed on the market, registered or has entered into service in the Union |
| | 3.
     
  Where the economic operator does not take adequate corrective measures within the period referred to in paragraph 1 or where the risk requires a rapid action, the national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them. |
| | Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in this paragraph. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 49a

Article 49a

National procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk or non-compliant

National procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk or non-compliant

1.
     
  Where, after performing the evaluation pursuant to Article 49, the Market surveillance authorities of one Member State find that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or is not compliant with this Regulation, it shall require without delay the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk or this non-compliance.

2.
     
  The economic operator shall, in accordance with the obligations referred to in Articles 11 to 19, ensure that all appropriate corrective measures are taken in respect of all concerned vehicles, systems, components or separate technical units that it has placed on the market, registered or has entered into service in the Union

3.
     
  Where the economic operator does not take adequate corrective measures within the period referred to in paragraph 1 or where the risk requires a rapid action, the national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them.

Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in this paragraph.

Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in this paragraph.

Amendment 213

Amendment 213

Proposal for a regulation

Proposal for a regulation

Article 50 — title

Article 50 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Notification and objection procedures related to
  restrictive measures
  taken at national
  level | Corrective and
  restrictive measures
  at EU
  level |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Notification and objection procedures related to
  restrictive measures
  taken at national
  level

Notification and objection procedures related to

taken at national

Corrective and
  restrictive measures
  at EU
  level

Corrective and

at EU

Amendment 214

Amendment 214

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 1 — subparagraph 1

Article 50 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  national authorities
  shall
  inform
  the Commission and the other Member States without delay of the
  restrictive measures taken in accordance with Article 49(1) and (5)
  . | The
  Member State taking corrective measures and restrictive measures in accordance with Article 50(1) and (3)
  shall
  notify
  the Commission and the other Member States without delay
  by means
  of the
  electronic system referred to in Article 22 of Regulation (EC) No 765/2008. That Member State shall also inform without delay the approval authority that granted the approval about its findings
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  national authorities
  shall
  inform
  the Commission and the other Member States without delay of the
  restrictive measures taken in accordance with Article 49(1) and (5)
  .

national authorities

inform

restrictive measures taken in accordance with Article 49(1) and (5)

The
  Member State taking corrective measures and restrictive measures in accordance with Article 50(1) and (3)
  shall
  notify
  the Commission and the other Member States without delay
  by means
  of the
  electronic system referred to in Article 22 of Regulation (EC) No 765/2008. That Member State shall also inform without delay the approval authority that granted the approval about its findings
  .

Member State taking corrective measures and restrictive measures in accordance with Article 50(1) and (3)

notify

by means

electronic system referred to in Article 22 of Regulation (EC) No 765/2008. That Member State shall also inform without delay the approval authority that granted the approval about its findings

Amendment 215

Amendment 215

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 1 — subparagraph 2

Article 50 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The information provided shall include all available details, in particular the data necessary for the identification of the
  non-compliant
  vehicle, system, component or separate technical unit, its origin, the nature of the
  non-conformity alleged and the
  risk involved, the nature and duration of the national restrictive measures taken, and the arguments put forward by the relevant economic operator. | 2.
     The information provided shall include all available details, in particular the data necessary for the identification of the
  concerned
  vehicle, system, component or separate technical unit, its origin, the nature of the
  non-compliance and/or
  risk involved, the nature and duration of the national
  corrective and
  restrictive measures taken, and the arguments put forward by the relevant economic operator.
  It shall also indicate whether the risk is due to either of the following: |
| | (a) | failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The information provided shall include all available details, in particular the data necessary for the identification of the
  non-compliant
  vehicle, system, component or separate technical unit, its origin, the nature of the
  non-conformity alleged and the
  risk involved, the nature and duration of the national restrictive measures taken, and the arguments put forward by the relevant economic operator.

non-compliant

non-conformity alleged and the

2.
     The information provided shall include all available details, in particular the data necessary for the identification of the
  concerned
  vehicle, system, component or separate technical unit, its origin, the nature of the
  non-compliance and/or
  risk involved, the nature and duration of the national
  corrective and
  restrictive measures taken, and the arguments put forward by the relevant economic operator.
  It shall also indicate whether the risk is due to either of the following:

(a)

(a)

failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation;

failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation;

| (b) | shortcomings in the relevant regulatory acts listed in Annex IV. |
| --- | --- |

(b)

(b)

shortcomings in the relevant regulatory acts listed in Annex IV.

shortcomings in the relevant regulatory acts listed in Annex IV.

Amendment 216

Amendment 216

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 2

Article 50 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  The approval authority referred to in Article 49(1) shall indicate whether the nonconformity is due to either of the following: | deleted |
| (a) | failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  The approval authority referred to in Article 49(1) shall indicate whether the nonconformity is due to either of the following:

deleted

deleted

(a)

(a)

failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation;

failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation;

| (b) | shortcomings in the relevant regulatory acts listed in Annex IV. |
| --- | --- |

(b)

(b)

shortcomings in the relevant regulatory acts listed in Annex IV.

shortcomings in the relevant regulatory acts listed in Annex IV.

Amendment 217

Amendment 217

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 3

Article 50 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the Commission and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non-conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the Commission and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non-conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.

deleted

deleted

Amendment 218

Amendment 218

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 3 a (new)

Article 50 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Where, within one month after the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a corrective measure or restrictive measure taken by a Member State, that measure shall be deemed to be justified. The other Member States shall ensure that equivalent corrective or restrictive measures are taken without delay in respect of the vehicle, system, component or separate technical unit concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Where, within one month after the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a corrective measure or restrictive measure taken by a Member State, that measure shall be deemed to be justified. The other Member States shall ensure that equivalent corrective or restrictive measures are taken without delay in respect of the vehicle, system, component or separate technical unit concerned.

Amendment 219

Amendment 219

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 4

Article 50 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Where, within one month
  of the receipt of the information
  referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State,
  that
  measure shall
  be evaluated by the Commission in accordance with Article 51
  . | 4.   Where, within one month
  after notification
  referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a 
  corrective or
  restrictive measure taken by a Member State,
  or where the Commission has considered that a national
  measure
  is contrary to Union legislation, the Commission
  shall
  , without delay, consult the Member States concerned and the relevant economic operator or operators
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Where, within one month
  of the receipt of the information
  referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State,
  that
  measure shall
  be evaluated by the Commission in accordance with Article 51
  .

4.   Where, within one month
  after notification
  referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a 
  corrective or
  restrictive measure taken by a Member State,
  or where the Commission has considered that a national
  measure
  is contrary to Union legislation, the Commission
  shall
  , without delay, consult the Member States concerned and the relevant economic operator or operators
  .

Amendment 220

Amendment 220

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 5

Article 50 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   
  Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned. | 5.   
  On the basis of the results of that consultation, the Commission shall adopt implementing acts on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
| | The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply those implementing acts without delay. They shall inform the Commission accordingly. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   
  Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.

5.   
  On the basis of the results of that consultation, the Commission shall adopt implementing acts on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply those implementing acts without delay. They shall inform the Commission accordingly.

The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply those implementing acts without delay. They shall inform the Commission accordingly.

Amendment 221

Amendment 221

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 5 a (new)

Article 50 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Where the Commission considers that a national measure is unjustified, the Commission shall adopt implementing acts requiring the Member State concerned to withdraw or adapt the measure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Where the Commission considers that a national measure is unjustified, the Commission shall adopt implementing acts requiring the Member State concerned to withdraw or adapt the measure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

Amendment 222

Amendment 222

Proposal for a regulation

Proposal for a regulation

Article 50 — paragraph 5 b (new)

Article 50 — paragraph 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5b.
     
  Where the national measure is considered justified and risk of non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose: |
| | (a) | where regulatory acts are concerned, the necessary amendments to the act concerned; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5b.
     
  Where the national measure is considered justified and risk of non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose:

(a)

(a)

where regulatory acts are concerned, the necessary amendments to the act concerned;

where regulatory acts are concerned, the necessary amendments to the act concerned;

| (b) | where UNECE regulations are concerned, the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III to Council Decision 97/836/EC. |
| --- | --- |

(b)

(b)

where UNECE regulations are concerned, the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III to Council Decision 97/836/EC.

where UNECE regulations are concerned, the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III to Council Decision 97/836/EC.

Amendment 223

Amendment 223

Proposal for a regulation

Proposal for a regulation

Article 51

Article 51

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 51 | deleted |
| Union safeguard procedure | |
| 1.
     
  Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the Commission has considered that a national measure is contrary to Union legislation, the Commission shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). | |
| 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. | |
| 2.
     
  Where the Commission considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non-compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the Commission accordingly. Where the Commission considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1. | |
| 3.
     
  Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose appropriate measures as follows: | |
| (a) | where regulatory acts are concerned, the Commission shall propose the necessary amendments to the act concerned; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 51

Article 51

deleted

deleted

Union safeguard procedure

Union safeguard procedure

1.
     
  Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the Commission has considered that a national measure is contrary to Union legislation, the Commission shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

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 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.

2.
     
  Where the Commission considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non-compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the Commission accordingly. Where the Commission considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1.

3.
     
  Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose appropriate measures as follows:

(a)

(a)

where regulatory acts are concerned, the Commission shall propose the necessary amendments to the act concerned;

where regulatory acts are concerned, the Commission shall propose the necessary amendments to the act concerned;

| (b) | where UNECE regulations are concerned, the Commission shall propose the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III of Council Decision 97/836/EC. |
| --- | --- |

(b)

(b)

where UNECE regulations are concerned, the Commission shall propose the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III of Council Decision 97/836/EC.

where UNECE regulations are concerned, the Commission shall propose the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III of Council Decision 97/836/EC.

Amendment 224

Amendment 224

Proposal for a regulation

Proposal for a regulation

Article 51 a (new)

Article 51 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 51a |
| | Corrective and restrictive measures following Commission market surveillance activities |
| | 1.
     
  Where following checks in accordance with Article 9, the Commission finds that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or is not compliant with this Regulation, it shall require, without delay, the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk or this non-compliance. |
| | Where the economic operator does not take adequate corrective measures within the period referred to in the first subparagraph or where the risk requires rapid action, the Commission shall adopt implementing acts setting out any Union corrective or restrictive measure that it considers to be necessary at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |
| | The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply the implementing acts without delay. They shall inform the Commission accordingly. |
| | 2.
     
  Where the risk or non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose: |
| | (a) | where regulatory acts are concerned, the necessary amendments to the act concerned; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 51a

Article 51a

Corrective and restrictive measures following Commission market surveillance activities

Corrective and restrictive measures following Commission market surveillance activities

1.
     
  Where following checks in accordance with Article 9, the Commission finds that a vehicle, system, component or separate technical unit presents a serious risk to the health or safety of persons or to other aspects of the protection of public interests covered by this Regulation or is not compliant with this Regulation, it shall require, without delay, the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk or this non-compliance.

Where the economic operator does not take adequate corrective measures within the period referred to in the first subparagraph or where the risk requires rapid action, the Commission shall adopt implementing acts setting out any Union corrective or restrictive measure that it considers to be necessary at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

Where the economic operator does not take adequate corrective measures within the period referred to in the first subparagraph or where the risk requires rapid action, the Commission shall adopt implementing acts setting out any Union corrective or restrictive measure that it considers to be necessary at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply the implementing acts without delay. They shall inform the Commission accordingly.

The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply the implementing acts without delay. They shall inform the Commission accordingly.

2.
     
  Where the risk or non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose:

(a)

(a)

where regulatory acts are concerned, the necessary amendments to the act concerned;

where regulatory acts are concerned, the necessary amendments to the act concerned;

| (b) | where UNECE regulations are concerned, the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III to Council Decision 97/836/EC. |
| --- | --- |

(b)

(b)

where UNECE regulations are concerned, the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III to Council Decision 97/836/EC.

where UNECE regulations are concerned, the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III to Council Decision 97/836/EC.

Amendment 225

Amendment 225

Proposal for a regulation

Proposal for a regulation

Article 52

Article 52

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 52 | deleted |
| Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and the environment | |
| 1.
     
  Where, having performed an evaluation under Article 49(1), a Member State finds that vehicles, systems, components or separate technical units, although they comply with the applicable requirements or are properly marked, present a serious risk to safety or may seriously harm the environment or public health, it shall require the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk, or it shall take restrictive measures to withdraw the vehicle, system, component or separate technical unit from the market or to recall it within a reasonable period, depending on the nature of the risk. | |
| The Member State may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures. | |
| 2.
     
  The economic operator shall ensure that appropriate corrective measures are taken in respect of all vehicles, systems, components or separate technical units referred to in paragraph 1. | |
| 3.
     
  The Member State shall within one month of the request referred to in paragraph 1 provide the Commission and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken. | |
| 4.
     
  The Commission shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). | |
| 5.
     
  The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 52

Article 52

deleted

deleted

Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and the environment

Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and the environment

1.
     
  Where, having performed an evaluation under Article 49(1), a Member State finds that vehicles, systems, components or separate technical units, although they comply with the applicable requirements or are properly marked, present a serious risk to safety or may seriously harm the environment or public health, it shall require the relevant economic operator to take all appropriate corrective measures to ensure that the vehicle, system, component or separate technical unit concerned, when placed on the market, registered or entered into service, no longer presents that risk, or it shall take restrictive measures to withdraw the vehicle, system, component or separate technical unit from the market or to recall it within a reasonable period, depending on the nature of the risk.

The Member State may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.

The Member State may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.

2.
     
  The economic operator shall ensure that appropriate corrective measures are taken in respect of all vehicles, systems, components or separate technical units referred to in paragraph 1.

3.
     
  The Member State shall within one month of the request referred to in paragraph 1 provide the Commission and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.

4.
     
  The Commission shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

5.
     
  The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators.

Amendment 226

Amendment 226

Proposal for a regulation

Proposal for a regulation

Article 53

Article 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 53 | deleted |
| General provisions related to non-compliant vehicles, systems, components or separate technical units | |
| 1.
     
  Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity. | |
| 2.
     
  For the purposes of paragraph 1, deviations from the particulars in the EU type-approval certificate or the information package shall be deemed to constitute a failure to conform to the approved type. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 53

Article 53

deleted

deleted

General provisions related to non-compliant vehicles, systems, components or separate technical units

General provisions related to non-compliant vehicles, systems, components or separate technical units

1.
     
  Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.

2.
     
  For the purposes of paragraph 1, deviations from the particulars in the EU type-approval certificate or the information package shall be deemed to constitute a failure to conform to the approved type.

Amendment 227

Amendment 227

Proposal for a regulation

Proposal for a regulation

Article 54 — title

Article 54 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Notification and objection procedures related to
  non-compliant
  vehicles, systems, components or separate technical units | Non-compliant
  EU type approval |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Notification and objection procedures related to
  non-compliant
  vehicles, systems, components or separate technical units

Notification and objection procedures related to

vehicles, systems, components or separate technical units

Non-compliant
  EU type approval

EU type approval

Amendment 228

Amendment 228

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 1

Article 54 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where an approval authority
  or market surveillance authority
  finds that
  vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval
  has been granted
  on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an
  approval
  mark do not conform to the approved type, it may take all appropriate restrictive measures in accordance with Article 53(1)
  . | 1.   Where an approval authority finds that
  a type-approval that
  has been granted
  is not compliant with this Regulation, it shall refuse to recognise such approval. It shall notify the
  approval
  authority that granted the EU type-approval, to the other Member States, as well as the Commission
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where an approval authority
  or market surveillance authority
  finds that
  vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval
  has been granted
  on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an
  approval
  mark do not conform to the approved type, it may take all appropriate restrictive measures in accordance with Article 53(1)
  .

1.   Where an approval authority finds that
  a type-approval that
  has been granted
  is not compliant with this Regulation, it shall refuse to recognise such approval. It shall notify the
  approval
  authority that granted the EU type-approval, to the other Member States, as well as the Commission
  .

Amendment 229

Amendment 229

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 2

Article 54 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  The approval authority or market surveillance authority or the Commission shall also request
  the approval authority that granted the EU type-approval
  to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity
  . | 2.   
  Where within one month after the notification, the non-conformity of the type-approval is confirmed by
  the approval authority that granted the EU type-approval
  , that approval authority shall withdraw the type-approval
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   
  The approval authority or market surveillance authority or the Commission shall also request
  the approval authority that granted the EU type-approval
  to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity
  .

2.   
  Where within one month after the notification, the non-conformity of the type-approval is confirmed by
  the approval authority that granted the EU type-approval
  , that approval authority shall withdraw the type-approval
  .

Amendment 230

Amendment 230

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 3

Article 54 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  In the case of a whole-vehicle type-approval, where the non-conformity of a vehicle is due to a system, component or separate technical unit, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component or separate technical unit. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.
     
  In the case of a whole-vehicle type-approval, where the non-conformity of a vehicle is due to a system, component or separate technical unit, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component or separate technical unit.

deleted

deleted

Amendment 231

Amendment 231

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 4

Article 54 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.
     
  In the case of a multi-stage type-approval, where the non-conformity of a completed vehicle is due to a system, component or separate technical unit that forms part of the incomplete vehicle or to the incomplete vehicle itself, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component, separate technical unit or incomplete vehicle. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.
     
  In the case of a multi-stage type-approval, where the non-conformity of a completed vehicle is due to a system, component or separate technical unit that forms part of the incomplete vehicle or to the incomplete vehicle itself, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component, separate technical unit or incomplete vehicle.

deleted

deleted

Amendment 232

Amendment 232

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 5

Article 54 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  On receipt of the request referred to in paragraphs 1 to 4 the approval authority that granted the EU type-approval shall carry out an evaluation in relation to the vehicles, systems, components or separate technical units concerned covering all the requirements laid down in this Regulation. The approval authority shall also verify the data on the basis of which the approval was granted. The relevant economic operators shall fully cooperate with the approval authority. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  On receipt of the request referred to in paragraphs 1 to 4 the approval authority that granted the EU type-approval shall carry out an evaluation in relation to the vehicles, systems, components or separate technical units concerned covering all the requirements laid down in this Regulation. The approval authority shall also verify the data on the basis of which the approval was granted. The relevant economic operators shall fully cooperate with the approval authority.

deleted

deleted

Amendment 233

Amendment 233

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 6

Article 54 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.
     
  Where non-conformity is established by the approval authority that granted the EU type-approval for a vehicle, system, component or separate technical unit, that approval authority shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance and where necessary the approval authority that granted the EU type-approval shall take the measures referred to in Article 53(1) as soon as possible and at the latest within one month of the date of the request. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.
     
  Where non-conformity is established by the approval authority that granted the EU type-approval for a vehicle, system, component or separate technical unit, that approval authority shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance and where necessary the approval authority that granted the EU type-approval shall take the measures referred to in Article 53(1) as soon as possible and at the latest within one month of the date of the request.

deleted

deleted

Amendment 234

Amendment 234

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 7

Article 54 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.
     
  The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the Commission and the other Member States. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.
     
  The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the Commission and the other Member States.

deleted

deleted

Amendment 235

Amendment 235

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 8 — subparagraph 1

Article 54 — paragraph 8 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where, within one month after the notification of the
  restrictive measures taken
  by an approval authority
  or a market surveillance authority in accordance with Article 53(1)
  , an objection has been raised by
  another Member State in respect of the notified restrictive measure or where the Commission establishes a non-compliance in accordance with Article 9(5)
  , the Commission shall consult without delay the Member States
  and the relevant economic operator or operators and
  , in particular, the approval authority that granted the type-approval
  , and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)
  . | Where, within one month after the notification of the
  refusal of the type-approval
  by an approval authority, an objection has been raised by
  the approval authority that granted the EU type-approval
  , the Commission shall consult without delay the Member States, in particular the approval authority that granted the type-approval
  and the relevant economic operator
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where, within one month after the notification of the
  restrictive measures taken
  by an approval authority
  or a market surveillance authority in accordance with Article 53(1)
  , an objection has been raised by
  another Member State in respect of the notified restrictive measure or where the Commission establishes a non-compliance in accordance with Article 9(5)
  , the Commission shall consult without delay the Member States
  and the relevant economic operator or operators and
  , in particular, the approval authority that granted the type-approval
  , and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)
  .

restrictive measures taken

or a market surveillance authority in accordance with Article 53(1)

another Member State in respect of the notified restrictive measure or where the Commission establishes a non-compliance in accordance with Article 9(5)

and the relevant economic operator or operators and

, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)

Where, within one month after the notification of the
  refusal of the type-approval
  by an approval authority, an objection has been raised by
  the approval authority that granted the EU type-approval
  , the Commission shall consult without delay the Member States, in particular the approval authority that granted the type-approval
  and the relevant economic operator
  .

refusal of the type-approval

the approval authority that granted the EU type-approval

and the relevant economic operator

Amendment 236

Amendment 236

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 8 a (new)

Article 54 — paragraph 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8a.
     
  On the basis of that evaluation, the Commission shall adopt implementing acts containing its decision as to whether the refusal of the EU type-approval adopted under paragraph 1 is justified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8a.
     
  On the basis of that evaluation, the Commission shall adopt implementing acts containing its decision as to whether the refusal of the EU type-approval adopted under paragraph 1 is justified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

Amendment 237

Amendment 237

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 8 b (new)

Article 54 — paragraph 8 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8b.
     
  Where following Commission checks in accordance with Article 9, the Commission considers that a type-approval that has been granted is not compliant with this Regulation, the Commission shall, without delay, consult the Member States and, in particular, the approval authority that granted the type-approval and the relevant economic operator. After such consultations have taken place, the Commission shall adopt implementing acts containing its decision as to whether the type-approval that has been granted is compliant with this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8b.
     
  Where following Commission checks in accordance with Article 9, the Commission considers that a type-approval that has been granted is not compliant with this Regulation, the Commission shall, without delay, consult the Member States and, in particular, the approval authority that granted the type-approval and the relevant economic operator. After such consultations have taken place, the Commission shall adopt implementing acts containing its decision as to whether the type-approval that has been granted is compliant with this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).

Amendment 238

Amendment 238

Proposal for a regulation

Proposal for a regulation

Article 54 — paragraph 9

Article 54 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.   
  Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned. | 9.   
  For products covered by a non-compliant type-approval that are already made available on the market, Articles 49 to 53 shall apply
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.   
  Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.

9.   
  For products covered by a non-compliant type-approval that are already made available on the market, Articles 49 to 53 shall apply
  .

Amendment 239

Amendment 239

Proposal for a regulation

Proposal for a regulation

Article 55

Article 55

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

Amendment 240

Amendment 240

Proposal for a regulation

Proposal for a regulation

Article 56

Article 56

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

Amendment 241

Amendment 241

Proposal for a regulation

Proposal for a regulation

Article 57

Article 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 57 | deleted |
| General provisions on recall of vehicles, systems, components or separate technical units | |
| 1.
     
  A manufacturer who has been granted a whole-vehicle type-approval and is obliged to recall vehicles in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the whole-vehicle type-approval thereof. | |
| 2.
     
  A manufacturer of systems, components or separate technical units, who has been granted an EU type-approval and is obliged to recall systems, components or separate technical units in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the EU type-approval. | |
| 3.
     
  The manufacturer shall propose to the approval authority that granted the type-approval a set of appropriate remedies to bring the vehicles, systems, components or separate technical units in conformity and, where appropriate, to neutralise the serious risk referred to in Article 20 of Regulation (EC) No 765/2008. | |
| The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delay. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 57

Article 57

deleted

deleted

General provisions on recall of vehicles, systems, components or separate technical units

General provisions on recall of vehicles, systems, components or separate technical units

1.
     
  A manufacturer who has been granted a whole-vehicle type-approval and is obliged to recall vehicles in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the whole-vehicle type-approval thereof.

2.
     
  A manufacturer of systems, components or separate technical units, who has been granted an EU type-approval and is obliged to recall systems, components or separate technical units in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the EU type-approval.

3.
     
  The manufacturer shall propose to the approval authority that granted the type-approval a set of appropriate remedies to bring the vehicles, systems, components or separate technical units in conformity and, where appropriate, to neutralise the serious risk referred to in Article 20 of Regulation (EC) No 765/2008.

The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delay.

The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delay.

Amendment 242

Amendment 242

Proposal for a regulation

Proposal for a regulation

Article 58

Article 58

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

Amendment 243

Amendment 243

Proposal for a regulation

Proposal for a regulation

Article 59

Article 59

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 59 | deleted |
| Right to be heard of economic operators, notification of decisions and remedies available | |
| 1.
     
  Except in cases where immediate action is necessary for reasons of serious risk to human health, safety and the environment, the economic operator concerned shall be given the opportunity to make submissions to the national authority within an appropriate period of time before any measure pursuant to Articles 49 to 58 is adopted by the national authorities of the Member States. | |
| If action has been taken without the economic operator’s being heard, the economic operator shall have the opportunity to make submissions as soon as possible and the national authority shall review the measure promptly thereafter. | |
| 2.
     
  Any measure adopted by the national authorities shall state the exact grounds on which it is based. | |
| Where the measure is addressed to a specific economic operator, it shall be notified without delay to the economic operator concerned, who shall at the same time be informed of the remedies available under the law of the Member State concerned and of the time limits to which such remedies are subject. | |
| Where the measure is of general scope, it shall be appropriately published in the national official journal or in an equivalent instrument. | |
| 3.
     
  Any measure adopted by the national authorities shall be immediately withdrawn or amended upon the economic operator’s demonstrating that effective corrective action has been taken. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 59

Article 59

deleted

deleted

Right to be heard of economic operators, notification of decisions and remedies available

Right to be heard of economic operators, notification of decisions and remedies available

1.
     
  Except in cases where immediate action is necessary for reasons of serious risk to human health, safety and the environment, the economic operator concerned shall be given the opportunity to make submissions to the national authority within an appropriate period of time before any measure pursuant to Articles 49 to 58 is adopted by the national authorities of the Member States.

If action has been taken without the economic operator’s being heard, the economic operator shall have the opportunity to make submissions as soon as possible and the national authority shall review the measure promptly thereafter.

If action has been taken without the economic operator’s being heard, the economic operator shall have the opportunity to make submissions as soon as possible and the national authority shall review the measure promptly thereafter.

2.
     
  Any measure adopted by the national authorities shall state the exact grounds on which it is based.

Where the measure is addressed to a specific economic operator, it shall be notified without delay to the economic operator concerned, who shall at the same time be informed of the remedies available under the law of the Member State concerned and of the time limits to which such remedies are subject.

Where the measure is addressed to a specific economic operator, it shall be notified without delay to the economic operator concerned, who shall at the same time be informed of the remedies available under the law of the Member State concerned and of the time limits to which such remedies are subject.

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 or in an equivalent instrument.

3.
     
  Any measure adopted by the national authorities shall be immediately withdrawn or amended upon the economic operator’s demonstrating that effective corrective action has been taken.

Amendment 244

Amendment 244

Proposal for a regulation

Proposal for a regulation

Article 60 — paragraph 3 — subparagraph 2

Article 60 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and include transitional provisions, where appropriate. | That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and
  shall
  include transitional provisions, where appropriate
  , and, in particular, for the purposes of type-approval, first registration and entry into service of vehicles and making available on the market of systems, components and separate technical units, where these are applicable
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and include transitional provisions, where appropriate.

That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and
  shall
  include transitional provisions, where appropriate
  , and, in particular, for the purposes of type-approval, first registration and entry into service of vehicles and making available on the market of systems, components and separate technical units, where these are applicable
  .

shall

, and, in particular, for the purposes of type-approval, first registration and entry into service of vehicles and making available on the market of systems, components and separate technical units, where these are applicable

Amendment 245

Amendment 245

Proposal for a regulation

Proposal for a regulation

Article 63 — paragraph 1

Article 63 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation,
  or
  in the delegated or implementing acts adopted pursuant to this Regulation, that diverges from the particulars of the type-approved by the approval authority. | 1.   The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation, in the delegated or implementing acts adopted pursuant to this Regulation
  , or in the regulatory acts listed in Annex IV
  , that diverges from the particulars of the type-approved by the approval authority. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation,
  or
  in the delegated or implementing acts adopted pursuant to this Regulation, that diverges from the particulars of the type-approved by the approval authority.

1.   The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation, in the delegated or implementing acts adopted pursuant to this Regulation
  , or in the regulatory acts listed in Annex IV
  , that diverges from the particulars of the type-approved by the approval authority.

Amendment 246

Amendment 246

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 1 — subparagraph 1

Article 65 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Manufacturers shall provide to independent operators unrestricted
  and
  standardised access to vehicle OBD information, diagnostic and other equipment, tools including
  any relevant
  software and vehicle repair and maintenance information. | Manufacturers shall provide to independent operators unrestricted, standardised
  and non-discriminatory
  access to vehicle OBD information, diagnostic and other equipment, tools including
  the complete references, and available downloads, of the applicable
  software and vehicle repair and maintenance information.
  Information shall be presented in an easily accessible manner in the form of machine readable and electronically processable datasets. Independent operators shall have access to the remote diagnosis services used by manufacturers and authorised dealers and repairers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Manufacturers shall provide to independent operators unrestricted
  and
  standardised access to vehicle OBD information, diagnostic and other equipment, tools including
  any relevant
  software and vehicle repair and maintenance information.

and

any relevant

Manufacturers shall provide to independent operators unrestricted, standardised
  and non-discriminatory
  access to vehicle OBD information, diagnostic and other equipment, tools including
  the complete references, and available downloads, of the applicable
  software and vehicle repair and maintenance information.
  Information shall be presented in an easily accessible manner in the form of machine readable and electronically processable datasets. Independent operators shall have access to the remote diagnosis services used by manufacturers and authorised dealers and repairers.

and non-discriminatory

the complete references, and available downloads, of the applicable

Information shall be presented in an easily accessible manner in the form of machine readable and electronically processable datasets. Independent operators shall have access to the remote diagnosis services used by manufacturers and authorised dealers and repairers.

Amendment 247

Amendment 247

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 2 — subparagraph 2

Article 65 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format.
  In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers
  . | The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format.
  For independent operators other than repairers, the information shall also be given in a machine-readable format that is capable of being electronically processed with commonly available IT tools and software and which allows independent operators to carry out the task associated with their business in the aftermarket supply chain
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format.
  In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers
  .

In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers

The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format.
  For independent operators other than repairers, the information shall also be given in a machine-readable format that is capable of being electronically processed with commonly available IT tools and software and which allows independent operators to carry out the task associated with their business in the aftermarket supply chain
  .

For independent operators other than repairers, the information shall also be given in a machine-readable format that is capable of being electronically processed with commonly available IT tools and software and which allows independent operators to carry out the task associated with their business in the aftermarket supply chain

Amendment 248

Amendment 248

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 3 a (new)

Article 65 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall be made available through the standardised connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall be made available through the standardised connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B.

Amendment 249

Amendment 249

Proposal for a regulation

Proposal for a regulation

Article 65 — paragraph 10

Article 65 — paragraph 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| 10.   The Commission
  shall b
  e empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3. | 10.   The Commission
  is
  empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3.
  The Commission shall be further empowered to adopt delegated acts in accordance with Article 88 to amend this Regulation by creating Annex XVIIIA in order to address technological developments in the field of digital data exchange that use a wireless wide area network, thereby ensuring that independent operators continue to enjoy direct access to in-vehicle data and resources and, in addition, ensuring competition-neutrality by technical design. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.   The Commission
  shall b
  e empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3.

10.   The Commission
  is
  empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3.
  The Commission shall be further empowered to adopt delegated acts in accordance with Article 88 to amend this Regulation by creating Annex XVIIIA in order to address technological developments in the field of digital data exchange that use a wireless wide area network, thereby ensuring that independent operators continue to enjoy direct access to in-vehicle data and resources and, in addition, ensuring competition-neutrality by technical design.

Amendment 250

Amendment 250

Proposal for a regulation

Proposal for a regulation

Article 66 — paragraph 2

Article 66 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The final manufacturer shall be responsible for providing
  to independent operators
  information
  about the whole vehicle
  . | 2.   
  In the case of multi-stage type-approval,
  the final manufacturer shall be responsible for providing
  access to vehicle OBD and vehicle repair and maintenance
  information
  regarding its own manufacturing stage or stages and the link to the previous stage or stages
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The final manufacturer shall be responsible for providing
  to independent operators
  information
  about the whole vehicle
  .

2.   
  In the case of multi-stage type-approval,
  the final manufacturer shall be responsible for providing
  access to vehicle OBD and vehicle repair and maintenance
  information
  regarding its own manufacturing stage or stages and the link to the previous stage or stages
  .

Amendment 251

Amendment 251

Proposal for a regulation

Proposal for a regulation

Article 67 — paragraph 1

Article 67 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65(
  8
  ). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it. | 1.   The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65(
  9
  ). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65(
  8
  ). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it.

1.   The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65(
  9
  ). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it.

Amendment 252

Amendment 252

Proposal for a regulation

Proposal for a regulation

Article 69 — paragraph 3

Article 69 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer. | 3.   Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer.
  The approval authority shall request the approval authority that granted the whole vehicle type-approval to investigate the complaint and subsequently request evidence from the vehicle manufacturer that its system is in compliance with the Regulation. The results of that investigation shall be communicated within three months of the request to the national approval authority and the independent operator or trade association concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer.

3.   Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer.
  The approval authority shall request the approval authority that granted the whole vehicle type-approval to investigate the complaint and subsequently request evidence from the vehicle manufacturer that its system is in compliance with the Regulation. The results of that investigation shall be communicated within three months of the request to the national approval authority and the independent operator or trade association concerned.

Amendment 253

Amendment 253

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 1

Article 71 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The type approval authority designated by the Member State in accordance with Article 7(3),
  hereinafter referred to as the
  ‘
  type-approval authority’
  , shall be responsible for the assessment, designation, notification and the monitoring of technical services, including, where appropriate, the subcontractors or subsidiaries of those technical services. | 1.   The type approval authority designated by the Member State in accordance with Article 7(3),
  or the accreditation body in accordance with Regulation (EC) No 765/2008, (together,
  the
  ‘the designating body
  ’), shall be responsible for the assessment, designation, notification and the monitoring of technical services
  in the respective Member State
  , including, where appropriate, the subcontractors or subsidiaries of those technical services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The type approval authority designated by the Member State in accordance with Article 7(3),
  hereinafter referred to as the
  ‘
  type-approval authority’
  , shall be responsible for the assessment, designation, notification and the monitoring of technical services, including, where appropriate, the subcontractors or subsidiaries of those technical services.

1.   The type approval authority designated by the Member State in accordance with Article 7(3),
  or the accreditation body in accordance with Regulation (EC) No 765/2008, (together,
  the
  ‘the designating body
  ’), shall be responsible for the assessment, designation, notification and the monitoring of technical services
  in the respective Member State
  , including, where appropriate, the subcontractors or subsidiaries of those technical services.

Amendment 254

Amendment 254

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 2

Article 71 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The
  type-approval authority
  shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services. | 2.   The
  designating body
  shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The
  type-approval authority
  shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services.

2.   The
  designating body
  shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services.

Amendment 255

Amendment 255

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 3

Article 71 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The
  type-approval authority
  shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service. | 3.   The
  designating body
  shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The
  type-approval authority
  shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service.

3.   The
  designating body
  shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service.

Amendment 256

Amendment 256

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 4

Article 71 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The
  type-approval authority
  shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis. | 4.   The
  designating body
  shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The
  type-approval authority
  shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis.

4.   The
  designating body
  shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis.

Amendment 257

Amendment 257

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 5

Article 71 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The
  type-approval authority
  shall safeguard the confidentiality of the information it obtains. | 5.   The
  designating body
  shall safeguard the confidentiality of the information it obtains. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The
  type-approval authority
  shall safeguard the confidentiality of the information it obtains.

5.   The
  designating body
  shall safeguard the confidentiality of the information it obtains.

Amendment 258

Amendment 258

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 6

Article 71 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The
  type-approval authority
  shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks
  foreseen
  by this Regulation | 6.   The
  designating body
  shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks
  laid down in
  this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   The
  type-approval authority
  shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks
  foreseen
  by this Regulation

6.   The
  designating body
  shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks
  laid down in
  this Regulation.

Amendment 259

Amendment 259

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 8

Article 71 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.
     
  The type-approval authority shall be peer-reviewed by two type-approval authorities of other Member States every two years. | deleted |
| The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission. | |
| The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.
     
  The type-approval authority shall be peer-reviewed by two type-approval authorities of other Member States every two years.

deleted

deleted

The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.

The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.

The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis.

The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis.

Amendment 260

Amendment 260

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 9

Article 71 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.
     
  The outcome of the peer-review shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendations. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.
     
  The outcome of the peer-review shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendations.

deleted

deleted

Amendment 261

Amendment 261

Proposal for a regulation

Proposal for a regulation

Article 71 — paragraph 10

Article 71 — paragraph 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| 10.
     
  The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-review report. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.
     
  The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-review report.

deleted

deleted

Amendment 262

Amendment 262

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 1 — point b

Article 72 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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;

| (b) | 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; |
| --- | --- |

(b)

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;

, including test preparation,

test preparation and supervision shall be carried out by a supervisor from the technical service;

Amendment 263

Amendment 263

Proposal for a regulation

Proposal for a regulation

Article 72 — paragraph 3

Article 72 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76. | 3.   A technical service shall be established under the national law of a Member State and have legal personality, except for
  a technical service belonging to a type-approval authority and for
  an accredited in-house technical service of a manufacturer, as referred to in Article 76. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   A technical service shall be established under the national law of a Member State and have legal personality, except for an accredited in-house technical service of a manufacturer, as referred to in Article 76.

3.   A technical service shall be established under the national law of a Member State and have legal personality, except for
  a technical service belonging to a type-approval authority and for
  an accredited in-house technical service of a manufacturer, as referred to in Article 76.

Amendment 264

Amendment 264

Proposal for a regulation

Proposal for a regulation

Article 73 — paragraph 5

Article 73 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the
  approval
  authority or where required by Union or national law. | 5.   The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the
  designating
  authority or where required by Union or national law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the
  approval
  authority or where required by Union or national law.

5.   The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the
  designating
  authority or where required by Union or national law.

Amendment 265

Amendment 265

Proposal for a regulation

Proposal for a regulation

Article 74 — paragraph 1 — introductory part

Article 74 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the
  type approval
  authority that it has all of the following: | 1.   A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the
  designating
  authority
  , or, in the case of accreditation, to the national accreditation body
  that it has all of the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the
  type approval
  authority that it has all of the following:

1.   A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the
  designating
  authority
  , or, in the case of accreditation, to the national accreditation body
  that it has all of the following:

Amendment 266

Amendment 266

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 1

Article 75 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Technical services may
  subcontract
  , with the agreement of their designating
  type-approval
  authority, some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary. | 1.   Technical services may, with the agreement of their
  designating
  authority,
  or, in the case of accreditation, of the national accreditation body, subcontract
  some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Technical services may
  subcontract
  , with the agreement of their designating
  type-approval
  authority, some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary.

1.   Technical services may, with the agreement of their
  designating
  authority,
  or, in the case of accreditation, of the national accreditation body, subcontract
  some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary.

Amendment 267

Amendment 267

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 2

Article 75 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the
  type-approval
  authority thereof. | 2.   Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the
  designating
  authority
  , or, in the case of accreditation, the national accreditation body,
  thereof. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the
  type-approval
  authority thereof.

2.   Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the
  designating
  authority
  , or, in the case of accreditation, the national accreditation body,
  thereof.

Amendment 268

Amendment 268

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 4

Article 75 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Technical services shall keep at the disposal of the
  type approval
  authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them. | 4.   Technical services shall keep at the disposal of the
  designating
  authority
  , or, in the case of accreditation, of the national accreditation body,
  the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Technical services shall keep at the disposal of the
  type approval
  authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them.

4.   Technical services shall keep at the disposal of the
  designating
  authority
  , or, in the case of accreditation, of the national accreditation body,
  the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them.

Amendment 269

Amendment 269

Proposal for a regulation

Proposal for a regulation

Article 75 — paragraph 4 a (new)

Article 75 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Technical services subcontractors shall be notified to the type-approval authority and their names shall be published by the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Technical services subcontractors shall be notified to the type-approval authority and their names shall be published by the Commission.

Amendment 270

Amendment 270

Proposal for a regulation

Proposal for a regulation

Article 76 — paragraph 2 — point c a (new)

Article 76 — paragraph 2 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | it is audited in accordance with Article 80, with the exception that the ‘joint committee of auditors’ shall replace the ‘type approval authority’ throughout the text and perform the tasks accordingly; the audit shall demonstrate compliance with points (a), (b) and (c); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

it is audited in accordance with Article 80, with the exception that the ‘joint committee of auditors’ shall replace the ‘type approval authority’ throughout the text and perform the tasks accordingly; the audit shall demonstrate compliance with points (a), (b) and (c);

it is audited in accordance with Article 80, with the exception that the ‘joint committee of auditors’ shall replace the ‘type approval authority’ throughout the text and perform the tasks accordingly; the audit shall demonstrate compliance with points (a), (b) and (c);

Amendment 271

Amendment 271

Proposal for a regulation

Proposal for a regulation

Article 76 — paragraph 3

Article 76 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   An in-house technical service
  does not need to
  be notified to the Commission
  for the purposes of
  Article 78
  , but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authority
  . | 3.   An in-house technical service
  shall
  be notified to the Commission
  in accordance with
  Article 78. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   An in-house technical service
  does not need to
  be notified to the Commission
  for the purposes of
  Article 78
  , but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authority
  .

3.   An in-house technical service
  shall
  be notified to the Commission
  in accordance with
  Article 78.

Amendment 272

Amendment 272

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph - 1 (new)

Article 77 — paragraph - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | - 1.
     
  The applicant technical service shall submit a formal application to the type-approval authority of the Member State in which it requests to be designated in accordance with Part 4 of Appendix 2 of Annex V. The activities for which the applicant technical service is applying to be designated shall be specified in the application request in accordance with Article 72(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

- 1.
     
  The applicant technical service shall submit a formal application to the type-approval authority of the Member State in which it requests to be designated in accordance with Part 4 of Appendix 2 of Annex V. The activities for which the applicant technical service is applying to be designated shall be specified in the application request in accordance with Article 72(1).

Amendment 273

Amendment 273

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 1 — subparagraph 1

Article 77 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Before
  designating
  a technical service, the type-approval authority shall assess it in accordance with
  an
  assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union. | Before
  the type-approval authority designates
  a technical service, the type-approval authority
  or the accreditation body referred to in Article 71(1),
  shall assess it in accordance with
  a harmonised
  assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Before
  designating
  a technical service, the type-approval authority shall assess it in accordance with
  an
  assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union.

designating

an

Before
  the type-approval authority designates
  a technical service, the type-approval authority
  or the accreditation body referred to in Article 71(1),
  shall assess it in accordance with
  a harmonised
  assessment check-list that covers at least the requirements listed in Appendix 2 of Annex V. The assessment shall include an on-site assessment of the premises of the applying technical service, and, where relevant, of any subsidiary or sub-contractor, located inside or outside the Union.

the type-approval authority designates

or the accreditation body referred to in Article 71(1),

a harmonised

Amendment 274

Amendment 274

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 1 — subparagraph 2

Article 77 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Representatives of the type-approval authorities of at least two other Member States
  shall
  , in coordination
  with the
  type-approval
  authority
  of the Member State in which
  the applicant technical service
  is established, and together with a representative of
  the Commission
  , form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type-approval authority of
  the Member
  State where the applicant technical service is established
  shall
  give those representatives timely
  access to
  the documents necessary to assess the applicant technical service
  . | 1b.
     
  In cases where the assessment is performed by the type-approval authority, a representative from the Commission
  shall
  participate in a joint assessment team
  with the
  designating
  authority
  which shall carry out the assessment of
  the applicant technical service
  , including the on-site assessment. In order to perform this task,
  the Commission
  shall use independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. Auditors shall respect confidentiality in order to protect commercial secrets in accordance with applicable law.
  The Member
  States shall give all necessary assistance and provide all documentation and support that the auditors request to enable them to carry out their duties. The Member States
  shall
  ensure that the auditors have
  access to
  all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Representatives of the type-approval authorities of at least two other Member States
  shall
  , in coordination
  with the
  type-approval
  authority
  of the Member State in which
  the applicant technical service
  is established, and together with a representative of
  the Commission
  , form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type-approval authority of
  the Member
  State where the applicant technical service is established
  shall
  give those representatives timely
  access to
  the documents necessary to assess the applicant technical service
  .

Representatives of the type-approval authorities of at least two other Member States

, in coordination

type-approval

of the Member State in which

is established, and together with a representative of

, 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

State where the applicant technical service is established

give those representatives timely

the documents necessary to assess the applicant technical service

1b.
     
  In cases where the assessment is performed by the type-approval authority, a representative from the Commission
  shall
  participate in a joint assessment team
  with the
  designating
  authority
  which shall carry out the assessment of
  the applicant technical service
  , including the on-site assessment. In order to perform this task,
  the Commission
  shall use independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. Auditors shall respect confidentiality in order to protect commercial secrets in accordance with applicable law.
  The Member
  States shall give all necessary assistance and provide all documentation and support that the auditors request to enable them to carry out their duties. The Member States
  shall
  ensure that the auditors have
  access to
  all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties
  .

(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)

(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)

Amendment 275

Amendment 275

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 1 a (new)

Article 77 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  In cases where the assessment is carried out by an accreditation body the applicant technical service shall deliver to the type-approval authority a valid accreditation certificate and the corresponding evaluation report proving the fulfilment of the requirements set out in Appendix 2 of Annex V for the activities for which the applicant technical service is applying to be designated. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  In cases where the assessment is carried out by an accreditation body the applicant technical service shall deliver to the type-approval authority a valid accreditation certificate and the corresponding evaluation report proving the fulfilment of the requirements set out in Appendix 2 of Annex V for the activities for which the applicant technical service is applying to be designated.

(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)

(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)

Amendment 276

Amendment 276

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 1 c (new)

Article 77 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  Where the technical service has requested to be designated by several type-approval authorities in accordance with Article 78(3), the assessment shall be carried out only once, provided that the scope of the technical service's designation has been covered in that assessment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1c.
     
  Where the technical service has requested to be designated by several type-approval authorities in accordance with Article 78(3), the assessment shall be carried out only once, provided that the scope of the technical service's designation has been covered in that assessment.

(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)

(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)

Amendment 277

Amendment 277

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 5

Article 77 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The Member States shall notify to the Commission the names of the representatives of the
  type-approval
  authority to call upon for each joint assessment. | 5.   The Member States shall notify to the Commission the names of the representatives of the
  designating
  authority to call upon for each joint assessment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   The Member States shall notify to the Commission the names of the representatives of the
  type-approval
  authority to call upon for each joint assessment.

5.   The Member States shall notify to the Commission the names of the representatives of the
  designating
  authority to call upon for each joint assessment.

Amendment 278

Amendment 278

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 7 — subparagraph 1

Article 77 — paragraph 7 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  type-approval
  authority shall notify the assessment report to the Commission and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation. | The
  designating
  authority shall notify the assessment report to the Commission and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  type-approval
  authority shall notify the assessment report to the Commission and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.

type-approval

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.

designating

Amendment 279

Amendment 279

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 7 — subparagraph 2

Article 77 — paragraph 7 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  notifying type-approval
  authority shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6). | The
  designating
  authority
  that notifies the assessment report
  shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  notifying type-approval
  authority shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6).

notifying type-approval

The
  designating
  authority
  that notifies the assessment report
  shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6).

designating

that notifies the assessment report

Amendment 280

Amendment 280

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 8

Article 77 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   The
  type-approval
  authorities of the other Member States and the Commission may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence. | 8.   The
  designating
  authorities of the other Member States and the Commission may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

8.   The
  type-approval
  authorities of the other Member States and the Commission may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence.

8.   The
  designating
  authorities of the other Member States and the Commission may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence.

Amendment 281

Amendment 281

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 9

Article 77 — paragraph 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 9.   The
  type-approval
  authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt. | 9.   The
  designating
  authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

9.   The
  type-approval
  authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt.

9.   The
  designating
  authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt.

Amendment 282

Amendment 282

Proposal for a regulation

Proposal for a regulation

Article 77 — paragraph 10

Article 77 — paragraph 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| 10.   The
  type-approval
  authorities of the other Member States or the Commission may individually or jointly address recommendations to the
  type-approval
  authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That
  type-approval
  authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that
  type-approval
  authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision. | 10.   The
  designating
  authorities of the other Member States or the Commission may individually or jointly address recommendations to the
  designating
  authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That
  designating
  authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that
  designating
  authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

10.   The
  type-approval
  authorities of the other Member States or the Commission may individually or jointly address recommendations to the
  type-approval
  authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That
  type-approval
  authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that
  type-approval
  authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision.

10.   The
  designating
  authorities of the other Member States or the Commission may individually or jointly address recommendations to the
  designating
  authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That
  designating
  authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that
  designating
  authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision.

Amendment 283

Amendment 283

Proposal for a regulation

Proposal for a regulation

Article 78 — paragraph 2 — subparagraph 1

Article 78 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Within
  28 days
  of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the
  type-approval
  authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall
  decide by means of an
  implementing
  act
  whether the suspension of the notification can be lifted or not.
  That
  implementing
  act
  shall be adopted in accordance with the examination procedure referred to in Article 87(2). | Within
  one month
  of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the
  designating
  authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall
  adopt
  implementing
  acts in order to decide
  whether the suspension of the notification can be lifted or not.
  Those
  implementing
  acts
  shall be adopted in accordance with the examination procedure referred to in Article 87(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Within
  28 days
  of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the
  type-approval
  authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall
  decide by means of an
  implementing
  act
  whether the suspension of the notification can be lifted or not.
  That
  implementing
  act
  shall be adopted in accordance with the examination procedure referred to in Article 87(2).

28 days

type-approval

decide by means of an

act

That

act

Within
  one month
  of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the
  designating
  authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall
  adopt
  implementing
  acts in order to decide
  whether the suspension of the notification can be lifted or not.
  Those
  implementing
  acts
  shall be adopted in accordance with the examination procedure referred to in Article 87(2).

one month

designating

adopt

acts in order to decide

Those

acts

Amendment 284

Amendment 284

Proposal for a regulation

Proposal for a regulation

Article 78 — paragraph 3

Article 78 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The same technical service may be designated by several
  type-approval
  authorities and notified to the Commission by the Member States of those
  type-approval
  authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1). | 3.   The same technical service may be designated by several
  designating
  authorities and notified to the Commission by the Member States of those
  designating
  authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The same technical service may be designated by several
  type-approval
  authorities and notified to the Commission by the Member States of those
  type-approval
  authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1).

3.   The same technical service may be designated by several
  designating
  authorities and notified to the Commission by the Member States of those
  designating
  authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1).

Amendment 285

Amendment 285

Proposal for a regulation

Proposal for a regulation

Article 78 — paragraph 4

Article 78 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Where a regulatory act listed in Annex IV requires a 
  type-approval
  authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1. | 4.   Where a regulatory act listed in Annex IV requires a 
  designating
  authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Where a regulatory act listed in Annex IV requires a 
  type-approval
  authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1.

4.   Where a regulatory act listed in Annex IV requires a 
  designating
  authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1.

Amendment 286

Amendment 286

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 1 — subparagraph 1

Article 79 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the
  type-approval
  authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements. | Where the
  designating
  authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the
  type-approval
  authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements.

type-approval

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.

designating

Amendment 287

Amendment 287

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 1 — subparagraph 2

Article 79 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  type-approval
  authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification. | The
  designating
  authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  type-approval
  authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification.

type-approval

The
  designating
  authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification.

designating

Amendment 288

Amendment 288

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 3 — subparagraph 1

Article 79 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  type-approval
  authority shall inform the other
  type-approval
  authorities and the Commission when non-compliance of the technical service has an impact on type-approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification. | The
  designating
  authority shall inform the other
  designating
  authorities and the Commission when non-compliance of the technical service has an impact on type-approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  type-approval
  authority shall inform the other
  type-approval
  authorities and the Commission when non-compliance of the technical service has an impact on type-approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification.

type-approval

type-approval

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.

designating

designating

Amendment 289

Amendment 289

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 3 — subparagraph 2

Article 79 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Within two months after having notified the changes to the notification, the
  type-approval
  authority shall submit a report on its findings regarding the non-compliance to the Commission and the other
  type-approval
  authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating
  type-approval
  authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued. | Within two months after having notified the changes to the notification, the
  designating
  authority shall submit a report on its findings regarding the non-compliance to the Commission and the other
  designating
  authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the
  designating
  authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Within two months after having notified the changes to the notification, the
  type-approval
  authority shall submit a report on its findings regarding the non-compliance to the Commission and the other
  type-approval
  authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating
  type-approval
  authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued.

type-approval

type-approval

type-approval

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.

designating

designating

designating

Amendment 290

Amendment 290

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 4 — introductory part

Article 79 — paragraph 4 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   
  The other
  certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances: | 4.   
  Type-approval
  certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   
  The other
  certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances:

4.   
  Type-approval
  certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances:

Amendment 291

Amendment 291

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 4 — point a

Article 79 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

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;

notification

| (a) | 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; |
| --- | --- |

(a)

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;

designation

Amendment 292

Amendment 292

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 4 — point b

Article 79 — paragraph 4 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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.

notification

| (b) | 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. |
| --- | --- |

(b)

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.

designation

Amendment 293

Amendment 293

Proposal for a regulation

Proposal for a regulation

Article 79 — paragraph 6

Article 79 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   A designation as technical service can only be renewed after the
  type-approval
  authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77. | 6.   A designation as technical service can only be renewed after the
  designating
  authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   A designation as technical service can only be renewed after the
  type-approval
  authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77.

6.   A designation as technical service can only be renewed after the
  designating
  authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77.

Amendment 294

Amendment 294

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 1 — subparagraph 1

Article 80 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  type-approval
  authority shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. | The
  designating
  authority
  , or, in the case of accreditation, the national accreditation body,
  shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  type-approval
  authority shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V.

type-approval

The
  designating
  authority
  , or, in the case of accreditation, the national accreditation body,
  shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V.

designating

, or, in the case of accreditation, the national accreditation body,

Amendment 295

Amendment 295

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 1 — subparagraph 2

Article 80 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Technical services shall, on request, supply all relevant information and documents, required to enable that
  type-approval
  authority to verify compliance with those requirements. | Technical services shall, on request, supply all relevant information and documents, required to enable that
  designating
  authority
  , or, in the case of accreditation, the national accreditation body,
  to verify compliance with those requirements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Technical services shall, on request, supply all relevant information and documents, required to enable that
  type-approval
  authority to verify compliance with those requirements.

type-approval

Technical services shall, on request, supply all relevant information and documents, required to enable that
  designating
  authority
  , or, in the case of accreditation, the national accreditation body,
  to verify compliance with those requirements.

designating

, or, in the case of accreditation, the national accreditation body,

Amendment 296

Amendment 296

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 1 — subparagraph 3

Article 80 — paragraph 1 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Technical services shall, without delay, inform the
  type-approval
  authority of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated. | Technical services shall, without delay, inform the
  designating
  authority
  , or, in the case of accreditation, the national accreditation body,
  of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Technical services shall, without delay, inform the
  type-approval
  authority of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated.

type-approval

Technical services shall, without delay, inform the
  designating
  authority
  , or, in the case of accreditation, the national accreditation body,
  of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated.

designating

, or, in the case of accreditation, the national accreditation body,

Amendment 297

Amendment 297

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 3 — subparagraph 1

Article 80 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The
  type-approval
  authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so. | The
  designating
  authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The
  type-approval
  authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so.

type-approval

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.

designating

(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)

(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)

Amendment 298

Amendment 298

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 3 — subparagraph 4

Article 80 — paragraph 3 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The technical service or the
  type-approval
  authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially. | The technical service or the
  designating
  authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The technical service or the
  type-approval
  authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially.

type-approval

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.

designating

(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)

(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)

Amendment 299

Amendment 299

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 3 — subparagraph 1

Article 80 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| At least every
  30 months, the type-approval
  authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. This assessment shall include an on-site visit to each technical service under its responsibility. | At least every
  three years, the designating
  authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V 
  and shall submit an assessment to the Member State responsible
  . This assessment
  shall be carried out by a joint assessment team designated in accordance with the procedure described in Article 77(1) to (4) and
  shall include an on-site visit to each technical service under its responsibility. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

At least every
  30 months, the type-approval
  authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. This assessment shall include an on-site visit to each technical service under its responsibility.

30 months, the type-approval

At least every
  three years, the designating
  authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V 
  and shall submit an assessment to the Member State responsible
  . This assessment
  shall be carried out by a joint assessment team designated in accordance with the procedure described in Article 77(1) to (4) and
  shall include an on-site visit to each technical service under its responsibility.

three years, the designating

and shall submit an assessment to the Member State responsible

shall be carried out by a joint assessment team designated in accordance with the procedure described in Article 77(1) to (4) and

(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)

(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)

Amendment 300

Amendment 300

Proposal for a regulation

Proposal for a regulation

Article 80 — paragraph 3 — subparagraph 2

Article 80 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Within two months after finalising this
  assessment
  of the technical service, the
  Member States
  shall report
  to the Commission and
  to the other Member States on those monitoring activities. The reports
  shall
  contain a summary of the assessment which shall be made publicly available
  . | The outcome of the
  assessment
  shall be communicated to all
  Member States
  and
  to the Commission and
  a summary of the outcome shall be made publicly available. It
  shall
  be discussed by the Forum established pursuant to Article 10
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Within two months after finalising this
  assessment
  of the technical service, the
  Member States
  shall report
  to the Commission and
  to the other Member States on those monitoring activities. The reports
  shall
  contain a summary of the assessment which shall be made publicly available
  .

Within two months after finalising this

of the technical service, the

shall report

to the other Member States on those monitoring activities. The reports

contain a summary of the assessment which shall be made publicly available

The outcome of the
  assessment
  shall be communicated to all
  Member States
  and
  to the Commission and
  a summary of the outcome shall be made publicly available. It
  shall
  be discussed by the Forum established pursuant to Article 10
  .

The outcome of the

shall be communicated to all

and

a summary of the outcome shall be made publicly available. It

be discussed by the Forum established pursuant to Article 10

(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)

(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as ‘3.’)

Amendment 301

Amendment 301

Proposal for a regulation

Proposal for a regulation

Article 81 — paragraph 1 — subparagraph 1

Article 81 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative. | The Commission
  , working in conjunction with the type-approval authority of the Member State concerned,
  shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.

The Commission
  , working in conjunction with the type-approval authority of the Member State concerned,
  shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.

, working in conjunction with the type-approval authority of the Member State concerned,

Amendment 302

Amendment 302

Proposal for a regulation

Proposal for a regulation

Article 81 — paragraph 2

Article 81 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall
  consult
  the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type-approval authority of that Member State shall provide the Commission, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned. | 2.   The Commission shall
  cooperate with
  the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type-approval authority of that Member State shall provide the Commission, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The Commission shall
  consult
  the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type-approval authority of that Member State shall provide the Commission, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.

2.   The Commission shall
  cooperate with
  the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type-approval authority of that Member State shall provide the Commission, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.

Amendment 303

Amendment 303

Proposal for a regulation

Proposal for a regulation

Article 82 — paragraph 4

Article 82 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The exchange of information shall be co-ordinated by the Forum
  referred to in
  Article 10. | 4.   The exchange of information shall be co-ordinated by the Forum
  established pursuant to
  Article 10. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   The exchange of information shall be co-ordinated by the Forum
  referred to in
  Article 10.

4.   The exchange of information shall be co-ordinated by the Forum
  established pursuant to
  Article 10.

Amendment 304

Amendment 304

Proposal for a regulation

Proposal for a regulation

Article 83 — paragraph 1

Article 83 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where designation of a technical service is based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service. | 1.   Where designation of a technical service is
  also
  based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Where designation of a technical service is based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service.

1.   Where designation of a technical service is
  also
  based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service.

Amendment 305

Amendment 305

Proposal for a regulation

Proposal for a regulation

Article 84 — paragraph 2 — point a

Article 84 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | allow their approval authority to witness the performance of the technical service during the
  conformity assessment
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

allow their approval authority to witness the performance of the technical service during the
  conformity assessment
  ;

conformity assessment

| (a) | allow their approval authority
  or the joint assessment team as described in Article 77(1)
  to witness the performance of the technical service during the
  testing for type-approval
  ; |
| --- | --- |

(a)

allow their approval authority
  or the joint assessment team as described in Article 77(1)
  to witness the performance of the technical service during the
  testing for type-approval
  ;

or the joint assessment team as described in Article 77(1)

testing for type-approval

Amendment 306

Amendment 306

Proposal for a regulation

Proposal for a regulation

Article 88 — paragraph 2

Article 88 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2),
  Article 55(2) and (3), Article 56(2),
  Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. | 2.   The power to adopt delegated acts referred to in Article 4(2), Article 5(2),
  Article 6(7a),
  Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6),
  Article 33(1a),
  Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2),
  Article 55(2) and (3), Article 56(2),
  Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

2.   The power to adopt delegated acts referred to in Article 4(2), Article 5(2),
  Article 6(7a),
  Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6),
  Article 33(1a),
  Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

Amendment 307

Amendment 307

Proposal for a regulation

Proposal for a regulation

Article 88 — paragraph 3

Article 88 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The delegation of power referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2),
  Article 55(2) and (3), Article 56(2),
  Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3.   The delegation of power referred to in Article 4(2), Article 5(2),
  Article 6(7a),
  Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6),
  Article 33(1a),
  Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The delegation of power referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2),
  Article 55(2) and (3), Article 56(2),
  Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.   The delegation of power referred to in Article 4(2), Article 5(2),
  Article 6(7a),
  Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6),
  Article 33(1a),
  Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment 308

Amendment 308

Proposal for a regulation

Proposal for a regulation

Article 88 — paragraph 3 a (new)

Article 88 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3a.
     
  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Amendment 309

Amendment 309

Proposal for a regulation

Proposal for a regulation

Article 88 — paragraph 5

Article 88 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2),
  Article 55(2) and (3), Article 56(2),
  Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. | 5.   A delegated act adopted pursuant to Article 4(2), Article 5(2),
  Article 6(7a),
  Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6),
  Article 33(1a),
  Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2),
  Article 55(2) and (3), Article 56(2),
  Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

5.   A delegated act adopted pursuant to Article 4(2), Article 5(2),
  Article 6(7a),
  Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6),
  Article 33(1a),
  Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 353

Amendment 353

Proposal for a regulation

Proposal for a regulation

Article 89 — title

Article 89 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Penalties | Penalties
  and liabilities |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Penalties

Penalties
  and liabilities

and liabilities

Amendment 310

Amendment 310

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 1

Article 89 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation
  , in particular Articles 11 to 19 and 72 to 76, 84 and 85
  and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. | 1.   Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
  In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the market of the Member State concerned, or the number of non-compliant systems, components or separate technical unit made available on the market of the Member State concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation
  , in particular Articles 11 to 19 and 72 to 76, 84 and 85
  and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

1.   Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
  In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the market of the Member State concerned, or the number of non-compliant systems, components or separate technical unit made available on the market of the Member State concerned.

Amendment 311

Amendment 311

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 2 — point a

Article 89 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | making false declarations during approval procedures or procedures leading to
  a recall
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

making false declarations during approval procedures or procedures leading to
  a recall
  ;

a recall

| (a) | making false declarations during approval procedures or procedures leading to
  corrective or restrictive measures being imposed in accordance with Chapter XI
  ; |
| --- | --- |

(a)

making false declarations during approval procedures or procedures leading to
  corrective or restrictive measures being imposed in accordance with Chapter XI
  ;

corrective or restrictive measures being imposed in accordance with Chapter XI

Amendment 312

Amendment 312

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 2 — point b

Article 89 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | falsifying test results for type-approval; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

falsifying test results for type-approval;

| (b) | falsifying test results for type-approval
  or market surveillance, including the granting of approval on the basis of incorrect data
  ; |
| --- | --- |

(b)

falsifying test results for type-approval
  or market surveillance, including the granting of approval on the basis of incorrect data
  ;

or market surveillance, including the granting of approval on the basis of incorrect data

Amendment 313

Amendment 313

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 2 — point c a (new)

Article 89 — paragraph 2 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | inadequate fulfilment by the technical services of the requirements for their designation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

inadequate fulfilment by the technical services of the requirements for their designation;

inadequate fulfilment by the technical services of the requirements for their designation;

Amendment 354

Amendment 354

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 2 — point c b (new)

Article 89 — paragraph 2 — point c b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (cb) | where it is established, by means of tests or inspections for compliance purposes, or alternative means, that vehicles, components, systems or separate technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(cb)

(cb)

where it is established, by means of tests or inspections for compliance purposes, or alternative means, that vehicles, components, systems or separate technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data.

where it is established, by means of tests or inspections for compliance purposes, or alternative means, that vehicles, components, systems or separate technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV or that the type approval has been granted on the basis of incorrect data.

Amendment 314

Amendment 314

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 3 — point b

Article 89 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

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.

or markings

| (b) | 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. |
| --- | --- |

(b)

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.

, certificates of conformity, statutory plates or approval marks

Amendment 315

Amendment 315

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 5

Article 89 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Member States shall
  report
  to the
  Commission every year on the penalties they have
  imposed. | 5.   Member States shall
  send a notification of penalties imposed
  to the
  online database established in Article 25. Notifications shall be made within one month of the penalty being
  imposed. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.   Member States shall
  report
  to the
  Commission every year on the penalties they have
  imposed.

5.   Member States shall
  send a notification of penalties imposed
  to the
  online database established in Article 25. Notifications shall be made within one month of the penalty being
  imposed.

Amendment 355

Amendment 355

Proposal for a regulation

Proposal for a regulation

Article 89 — paragraph 5 a (new)

Article 89 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Where it is established that vehicles, components, systems or separate technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV, economic operators should be liable for any damage caused to owners of affected vehicles as a result of non-compliance or following a recall. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Where it is established that vehicles, components, systems or separate technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV, economic operators should be liable for any damage caused to owners of affected vehicles as a result of non-compliance or following a recall.

Amendment 316

Amendment 316

Proposal for a regulation

Proposal for a regulation

Article 90 — paragraph 1 — subparagraph 1

Article 90 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1) reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market. | Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1)
  or by market surveillance authorities as referred to in Article 8(1)
  reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1) reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.

Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1)
  or by market surveillance authorities as referred to in Article 8(1)
  reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.

or by market surveillance authorities as referred to in Article 8(1)

Amendment 317

Amendment 317

Proposal for a regulation

Proposal for a regulation

Article 90 — paragraph 1 — subparagraph 2

Article 90 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement
  and
  shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit. | The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement. |
| | The administrative fines imposed by the Commission
  shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement
  and
  shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.

and

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.

The administrative fines imposed by the Commission
  shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.

The administrative fines imposed by the Commission

Amendment 318

Amendment 318

Proposal for a regulation

Proposal for a regulation

Article 91 — paragraph 1 — point 3 a (new)

Article 91 — paragraph 1 — point 3 a (new)

Regulation (EC) No 715/2007

Article 5 — paragraph 2 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a)
     
  in Article 5, the following subparagraphs are added after paragraph 2 point (c): |
| | ‘Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation (EU) 2016/646, shall provide the type-approval authority with all information, including technical justifications, that it is reasonable the type-approval authority require to assist it in determining whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under this Article is applicable. |
| | The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3a)
     
  in Article 5, the following subparagraphs are added after paragraph 2 point (c):

‘Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation (EU) 2016/646, shall provide the type-approval authority with all information, including technical justifications, that it is reasonable the type-approval authority require to assist it in determining whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under this Article is applicable.

‘Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation (EU) 2016/646, shall provide the type-approval authority with all information, including technical justifications, that it is reasonable the type-approval authority require to assist it in determining whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under this Article is applicable.

The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.’.

The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.’.

Amendment 345

Amendment 345

Proposal for a regulation

Proposal for a regulation

Article 91 — paragraph 1 — point 6

Article 91 — paragraph 1 — point 6

Regulation (EC) No 715/2007

Article 11a — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | fuel consumption and CO2 values determined under real driving conditions are made available to the public. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

fuel consumption and CO2 values determined under real driving conditions are made available to the public.

fuel consumption and CO2

Amendment 346

Amendment 346

Proposal for a regulation

Proposal for a regulation

Article 91 — paragraph 1 — point 6 a (new)

Article 91 — paragraph 1 — point 6 a (new)

Regulation (EC) No 715/2007

Article 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6a)
     
  The following Article 14a shall be inserted: |
| | ‘Article 14a |
| | Review |
| | The Commission shall review the emissions limits set out in Annex I with a view to improving air quality in the Union and to achieving the Union ambient air quality limits, as well as the WHO recommended levels, and shall come forward with proposals, as appropriate, for new technology-neutral Euro7 emission limits applicable by 2025 for all M1 and N1 vehicles placed on the Union market.’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6a)
     
  The following Article 14a shall be inserted:

‘Article 14a

‘Article 14a

Review

Review

The Commission shall review the emissions limits set out in Annex I with a view to improving air quality in the Union and to achieving the Union ambient air quality limits, as well as the WHO recommended levels, and shall come forward with proposals, as appropriate, for new technology-neutral Euro7 emission limits applicable by 2025 for all M1 and N1 vehicles placed on the Union market.’.

The Commission shall review the emissions limits set out in Annex I with a view to improving air quality in the Union and to achieving the Union ambient air quality limits, as well as the WHO recommended levels, and shall come forward with proposals, as appropriate, for new technology-neutral Euro7 emission limits applicable by 2025 for all M1 and N1 vehicles placed on the Union market.’.

Amendment 319

Amendment 319

Proposal for a regulation

Proposal for a regulation

Annex XII — point 1 — second column

Annex XII — point 1 — second column

| Text proposed by the Commission | Amendment |
| --- | --- |
| Units | Units |
| 1 000 | 1 500 |
| 0 | 0 |
| 1 000 | 1 500 |
| 0 | 1 500 |
| 0 | 0 |
| 0 | 0 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Units

Units

1 000

1 000

1 500

1 500

0

0

1 000

1 000

1 500

1 500

0

0

1 500

1 500

0

0

0

0

Amendment 320

Amendment 320

Proposal for a regulation

Proposal for a regulation

Annex XII — point 2 — second column

Annex XII — point 2 — second column

| Text proposed by the Commission | Amendment |
| --- | --- |
| Units | Units |
| 100 | 250 |
| 250 | 250 |
| 500 until 31October 2016 | 500 until 31 October 2016 |
| 250 from 1 November 2016 | 250 from 1 November 2016 |
| 250 | 250 |
| 500 | 500 |
| 250 | 250 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Units

Units

100

100

250

250

250

250

500 until 31October 2016

500 until 31 October 2016

250 from 1 November 2016

250 from 1 November 2016

250

250

500

500

250

250

Amendment 321

Amendment 321

Proposal for a regulation

Proposal for a regulation

Annex XIII — part I — table

Annex XIII — part I — table

Text proposed by the Commission

Text proposed by the Commission

| Item No | Item description | Performance requirement | Test procedure | Marking requirement | Packaging requirements |
| --- | --- | --- | --- | --- | --- |
| 1 | [...] | | | | |
| 2 | | | | | |
| 3 | | | | | |

Item No

Item description

Performance requirement

Test procedure

Marking requirement

Packaging requirements

1

[...]

2

3

Amendment

Amendment

| Item No | Item description | Performance requirement | Test procedure | Marking requirement | Packaging requirements |
| --- | --- | --- | --- | --- | --- |
| 1 | Exhaust Gas catalysts and their substrates | NOx emissions | EURO standards | Vehicle Type and version | |
| 2 | Turbochargers | CO2 and NOx emissions | EURO standards | Vehicle Type and version | |
| 3 | Fuel/ Air mixture Compressor systems other than Turbochargers | CO2 and NOx emissions | EURO standards | Vehicle Type and version | |
| 4 | Diesel Particle Filters | PM | EURO standards | Vehicle Type and version | |

Item No

Item description

Performance requirement

Test procedure

Marking requirement

Packaging requirements

1

Exhaust Gas catalysts and their substrates

Exhaust Gas catalysts and their substrates

NOx emissions

NOx emissions

EURO standards

EURO standards

Vehicle Type and version

Vehicle Type and version

2

Turbochargers

Turbochargers

CO2 and NOx emissions

CO2 and NOx emissions

EURO standards

EURO standards

Vehicle Type and version

Vehicle Type and version

3

Fuel/ Air mixture Compressor systems other than Turbochargers

Fuel/ Air mixture Compressor systems other than Turbochargers

CO2 and NOx emissions

CO2 and NOx emissions

EURO standards

EURO standards

Vehicle Type and version

Vehicle Type and version

4

4

Diesel Particle Filters

Diesel Particle Filters

PM

PM

EURO standards

EURO standards

Vehicle Type and version

Vehicle Type and version

Amendment 322

Amendment 322

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 2 — introductory part

Annex XVIII — point 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2. | Access to vehicle OBD and vehicle repair and maintenance |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.

Access to vehicle OBD and vehicle repair and maintenance

| 2. | Access to vehicle OBD and vehicle repair and maintenance
  information |
| --- | --- |

2.

Access to vehicle OBD and vehicle repair and maintenance
  information

information

Amendment 323

Amendment 323

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 2 — point 2.8

Annex XVIII — point 2 — point 2.8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.8. | With regard to vehicles of categories falling within the scope of Regulation No 595/2009/EC,
  for the purposes of point 2.6.2., where manufacturers use diagnostic and test tools in accordance with ISO 22900 — Modular vehicle communication interface (MVCI) — and ISO 22901 — Open diagnostic data exchange (ODX) in their franchised networks –, the ODX files shall be accessible to independent operators via the website of the manufacturer. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.8.

With regard to vehicles of categories falling within the scope of Regulation No 595/2009/EC,
  for the purposes of point 2.6.2., where manufacturers use diagnostic and test tools in accordance with ISO 22900 — Modular vehicle communication interface (MVCI) — and ISO 22901 — Open diagnostic data exchange (ODX) in their franchised networks –, the ODX files shall be accessible to independent operators via the website of the manufacturer.

With regard to vehicles of categories falling within the scope of Regulation No 595/2009/EC,

| 2.8. | For the purposes of point 2.6.2., where manufacturers use diagnostic and test tools in accordance with ISO 22900 — Modular vehicle communication interface (MVCI) — and ISO 22901 — Open diagnostic data exchange (ODX) in their franchised networks –, the ODX files shall be accessible to independent operators via the website of the manufacturer. |
| --- | --- |

2.8.

For the purposes of point 2.6.2., where manufacturers use diagnostic and test tools in accordance with ISO 22900 — Modular vehicle communication interface (MVCI) — and ISO 22901 — Open diagnostic data exchange (ODX) in their franchised networks –, the ODX files shall be accessible to independent operators via the website of the manufacturer.

Amendment 324

Amendment 324

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 2 — point 2.8 a (new)

Annex XVIII — point 2 — point 2.8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2.8a. | For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall be made available through the serial port on the standardised data link connector specified in paragraph 6.5.1.4 of Appendix 1 of Annex 11 to UNECE Regulation No 83 and Section 4.7.3 of Annex 9B to UNECE Regulation No 49. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.8a.

2.8a.

For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall be made available through the serial port on the standardised data link connector specified in paragraph 6.5.1.4 of Appendix 1 of Annex 11 to UNECE Regulation No 83 and Section 4.7.3 of Annex 9B to UNECE Regulation No 49.

Amendment 325

Amendment 325

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 6 — point 6.1 — paragraph 3

Annex XVIII — point 6 — point 6.1 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available in a database that is
  easily
  accessible to independent operators. | Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available
  , in the form of machine readable and electronically processable datasets,
  in a database that is accessible to independent operators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available in a database that is
  easily
  accessible to independent operators.

easily

Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available
  , in the form of machine readable and electronically processable datasets,
  in a database that is accessible to independent operators.

, in the form of machine readable and electronically processable datasets,

Amendment 326

Amendment 326

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 6 — point 6.3

Annex XVIII — point 6 — point 6.3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.3. | The Forum on Access to Vehicle Information referred to in Article 70 shall specify the parameters for fulfilling these requirements in accordance with the state of the art. The independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that he pursues a legitimate business activity and has not been convicted of any criminal activity. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.3.

The Forum on Access to Vehicle Information referred to in Article 70 shall specify the parameters for fulfilling these requirements in accordance with the state of the art. The independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that he pursues a legitimate business activity and has not been convicted of any criminal activity.

| 6.3. | The Forum on Access to Vehicle Information referred to in Article 70 shall specify the parameters for fulfilling these requirements in accordance with the state of the art. The independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that he pursues a legitimate business activity and has not been convicted of any
  relevant
  criminal activity. |
| --- | --- |

6.3.

The Forum on Access to Vehicle Information referred to in Article 70 shall specify the parameters for fulfilling these requirements in accordance with the state of the art. The independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that he pursues a legitimate business activity and has not been convicted of any
  relevant
  criminal activity.

relevant

Amendment 327

Amendment 327

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 6 — point 6.4

Annex XVIII — point 6 — point 6.4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.4. | With regard to vehicles falling in the scope of Regulation (EC) No 595/2009,
  reprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC
  RP1210B
  using non-proprietary hardware.
  Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g
  .
  navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is required
  . For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC
  RP1210B
  , the manufacturer shall offer
  either
  a validation of independently developed VCIs
  or the
  information
  , and
  loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.4.

With regard to vehicles falling in the scope of Regulation (EC) No 595/2009,
  reprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC
  RP1210B
  using non-proprietary hardware.
  Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g
  .
  navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is required
  . For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC
  RP1210B
  , the manufacturer shall offer
  either
  a validation of independently developed VCIs
  or the
  information
  , and
  loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware.

With regard to vehicles falling in the scope of Regulation (EC) No 595/2009,

RP1210B

Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g

navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is required

RP1210B

either

or the

, and

| 6.4. | Reprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC
  RP1210
  using non-proprietary hardware. |
| --- | --- |

6.4.

Reprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC
  RP1210
  using non-proprietary hardware.

RP1210

If reprogramming, or diagnostics, is conducted using ISO 13400 DoIP, it shall comply with the requirements of the standards referred to in the first subparagraph
  .

If reprogramming, or diagnostics, is conducted using ISO 13400 DoIP, it shall comply with the requirements of the standards referred to in the first subparagraph

Where vehicle manufacturers use additional proprietary communication protocols, then these protocol specifications shall be made available to independent operators.

Where vehicle manufacturers use additional proprietary communication protocols, then these protocol specifications shall be made available to independent operators.

For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC
  RP1210
  , the manufacturer shall offer
  within six months of the granting of type approval,
  a validation of independently developed VCIs
  and the test environment, including
  information
  on the specifications of the communication protocol and the
  loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware.

RP1210

within six months of the granting of type approval,

and the test environment, including

on the specifications of the communication protocol and the

Corresponding conformity compliance must be ensured either by mandating CEN to develop appropriate conformity standards or by using existing ones such as SAE J2534-3.

Corresponding conformity compliance must be ensured either by mandating CEN to develop appropriate conformity standards or by using existing ones such as SAE J2534-3.

The conditions set out in Article 67(1) shall apply to fees for such validation or information and hardware.

The conditions set out in Article 67(1) shall apply to fees for such validation or information and hardware.

Amendment 328

Amendment 328

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 6 — point 6.8 a (new)

Annex XVIII — point 6 — point 6.8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6.8a. | In the event that vehicle OBD and vehicle repair and maintenance information available on a manufacturer's website does not contain specific relevant information to permit the proper design and manufacture of alternative fuels retrofit systems, any interested alternative fuels retrofit system manufacturer shall be able to obtain the information required in sections 1, 3, and 4 of the information document set out in Annex I by contacting the manufacturer directly with such a request. Contact details for that purpose shall be clearly indicated on the manufacturer's website and the information shall be provided within 30 days. Such information need only be provided for alternative fuels retrofit systems that are subject to UNECE Regulation No 115 or for alternative fuels retrofit components that form part of systems subject to UNECE Regulation No 115, and need only be provided in response to a request that clearly specifies the exact specification of the vehicle model for which the information is required and that specifically confirms that the information is required for the development of alternative fuels retrofit systems or components subject to UNECE Regulation No 115. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.8a.

6.8a.

In the event that vehicle OBD and vehicle repair and maintenance information available on a manufacturer's website does not contain specific relevant information to permit the proper design and manufacture of alternative fuels retrofit systems, any interested alternative fuels retrofit system manufacturer shall be able to obtain the information required in sections 1, 3, and 4 of the information document set out in Annex I by contacting the manufacturer directly with such a request. Contact details for that purpose shall be clearly indicated on the manufacturer's website and the information shall be provided within 30 days. Such information need only be provided for alternative fuels retrofit systems that are subject to UNECE Regulation No 115 or for alternative fuels retrofit components that form part of systems subject to UNECE Regulation No 115, and need only be provided in response to a request that clearly specifies the exact specification of the vehicle model for which the information is required and that specifically confirms that the information is required for the development of alternative fuels retrofit systems or components subject to UNECE Regulation No 115.

Amendment 329

Amendment 329

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 7 a (new)

Annex XVIII — point 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7a. | Vehicle manufacturers shall make available via a web service or as a download an electronic data set comprising all VIN numbers (or a requested sub-set) and the correlated individual specification and configuration features which were originally built into the vehicle. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7a.

7a.

Vehicle manufacturers shall make available via a web service or as a download an electronic data set comprising all VIN numbers (or a requested sub-set) and the correlated individual specification and configuration features which were originally built into the vehicle.

Amendment 330

Amendment 330

Proposal for a regulation

Proposal for a regulation

Annex XVIII — point 7 b (new)

Annex XVIII — point 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7b. | Provisions for electronic system security |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7b.

7b.

Provisions for electronic system security

| 7b.1. | Any vehicle with an emission control computer shall include features to prevent modification, except as authorised by the manufacturer. The manufacturer shall authorise modifications if they are necessary for the diagnosis, servicing, inspection, retrofitting or repair of the vehicle. Any reprogrammable computer codes or operating parameter shall be resistant to tampering and afford a level of protection at least as good as the provisions in ISO 15031-7 dated 15 March 2001 (SAE J2186 dated October 1996). Any removable calibration memory chips shall be potted, encased in a sealed container or protected by electronic algorithms and shall not be changeable without the use of specialised tools and procedures. It shall only be permitted for features directly associated with emissions calibration or prevention of vehicle theft to be so protected. |
| --- | --- |

7b.1.

7b.1.

Any vehicle with an emission control computer shall include features to prevent modification, except as authorised by the manufacturer. The manufacturer shall authorise modifications if they are necessary for the diagnosis, servicing, inspection, retrofitting or repair of the vehicle. Any reprogrammable computer codes or operating parameter shall be resistant to tampering and afford a level of protection at least as good as the provisions in ISO 15031-7 dated 15 March 2001 (SAE J2186 dated October 1996). Any removable calibration memory chips shall be potted, encased in a sealed container or protected by electronic algorithms and shall not be changeable without the use of specialised tools and procedures. It shall only be permitted for features directly associated with emissions calibration or prevention of vehicle theft to be so protected.

| 7b.2. | Computer-coded engine operating parameters shall not be changeable without the use of specialised tools and procedures (e. g. soldered or potted computer components or sealed (or soldered) computer enclosures). |
| --- | --- |

7b.2.

7b.2.

Computer-coded engine operating parameters shall not be changeable without the use of specialised tools and procedures (e. g. soldered or potted computer components or sealed (or soldered) computer enclosures).

| 7b.3. | In the case of mechanical fuel-injection pumps fitted to compression-ignition engines, manufacturers shall take adequate steps to protect the maximum fuel delivery setting from tampering while a vehicle is in service. |
| --- | --- |

7b.3.

7b.3.

In the case of mechanical fuel-injection pumps fitted to compression-ignition engines, manufacturers shall take adequate steps to protect the maximum fuel delivery setting from tampering while a vehicle is in service.

| 7b.4. | Manufacturers may apply to the approval authority for an exemption to one of the requirements of Section 8 for those vehicles which are unlikely to require protection. The criteria that the approval authority shall evaluate in considering an exemption shall include the current availability of performance chips, the high-performance capability of the vehicle and the projected sales volume of the vehicle. |
| --- | --- |

7b.4.

7b.4.

Manufacturers may apply to the approval authority for an exemption to one of the requirements of Section 8 for those vehicles which are unlikely to require protection. The criteria that the approval authority shall evaluate in considering an exemption shall include the current availability of performance chips, the high-performance capability of the vehicle and the projected sales volume of the vehicle.

| 7b.5. | Manufacturers using programmable computer code systems (e.g. electrical erasable programmable read-only memory, EEPROM) shall deter unauthorised reprogramming. Manufacturers shall include enhanced tamper-protection strategies and write-protect features requiring electronic access to an off-site computer maintained by the manufacturer, to which independent operators shall also have access using the protection afforded in Section 6.2 and point 6.4. Methods giving an adequate level of tamper protection shall be approved by the approval authority. |
| --- | --- |

7b.5.

7b.5.

Manufacturers using programmable computer code systems (e.g. electrical erasable programmable read-only memory, EEPROM) shall deter unauthorised reprogramming. Manufacturers shall include enhanced tamper-protection strategies and write-protect features requiring electronic access to an off-site computer maintained by the manufacturer, to which independent operators shall also have access using the protection afforded in Section 6.2 and point 6.4. Methods giving an adequate level of tamper protection shall be approved by the approval authority.

Amendment 331

Amendment 331

Proposal for a regulation

Proposal for a regulation

Annex XVIII — appendix 2 — point 3.1.1

Annex XVIII — appendix 2 — point 3.1.1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.1.1. | any additional protocol information system necessary to enable complete diagnostics in addition to the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49, including any additional hardware or software protocol information, parameter identification, transfer functions, ‘keep alive’ requirements, or error conditions; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.1.1.

any additional protocol information system necessary to enable complete diagnostics in addition to the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49, including any additional hardware or software protocol information, parameter identification, transfer functions, ‘keep alive’ requirements, or error conditions;

| 3.1.1. | any additional protocol information system necessary to enable complete diagnostics in addition to the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49
  and in paragraph 6.5.1.4 of Annex 11 to UNECE Regulation No 83
  , including any additional hardware or software protocol information, parameter identification, transfer functions, ‘keep alive’ requirements, or error conditions; |
| --- | --- |

3.1.1.

any additional protocol information system necessary to enable complete diagnostics in addition to the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49
  and in paragraph 6.5.1.4 of Annex 11 to UNECE Regulation No 83
  , including any additional hardware or software protocol information, parameter identification, transfer functions, ‘keep alive’ requirements, or error conditions;

and in paragraph 6.5.1.4 of Annex 11 to UNECE Regulation No 83

Amendment 332

Amendment 332

Proposal for a regulation

Proposal for a regulation

Annex XVIII — appendix 2 — point 3.1.2

Annex XVIII — appendix 2 — point 3.1.2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.1.2. | details of how to obtain and interpret all the fault codes that do not comply with the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.1.2.

details of how to obtain and interpret all the fault codes that do not comply with the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49;

| 3.1.2. | details of how to obtain and interpret all the fault codes that do not comply with the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49
  and in paragraph 6.5.1.4 of Annex 11 to UNECE Regulation No 83
  ; |
| --- | --- |

3.1.2.

details of how to obtain and interpret all the fault codes that do not comply with the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49
  and in paragraph 6.5.1.4 of Annex 11 to UNECE Regulation No 83
  ;

and in paragraph 6.5.1.4 of Annex 11 to UNECE Regulation No 83

---

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0048/2017).

1

(1a)  
  Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).

1a

Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).

(1a)  
  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

1a

Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).

(1a)  
  Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).

1a

Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).

(12)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

12

(12)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

12

(1a)  
  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).

1a

Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).

(1b)  
  Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

1b

Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

(1c)  
  Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21).

1c

Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21).

(1a)  
  Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

1a

Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

(1a)  
  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

1a

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(26)  
  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2015 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1–96).

26

Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2015 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1–96).

(28)  
  Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

28

Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).

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