(11)

the following Article 12a is inserted: ‘Article 12a Amendment of a decision to approve an innovative technology as an eco-innovation 1. A manufacturer or supplier, including the original applicant, may submit to the Commission a request for an existing approval decision to be amended. The request and all supporting documentation shall also be submitted by electronic mail or electronic data carrier or uploaded to a server managed by the Commission. The written request shall list the supporting documentation. 2. The following information and evidence shall be provided together with the request for amendment: (a) contact details of the requester; (b) the reference to the approval decision to be amended; (c) a description of the amendments proposed including a summary of that description; (d) evidence demonstrating the necessity and the appropriateness of the amendments; (e) evidence demonstrating that emissions reduction achieved by the innovative technology as determined using the amended testing methodology, or where appropriate, the new or amended simplified evaluation method or pre-defined CO2 savings, meets the relevant threshold specified in article 9(1), taking into account any deterioration over time of the technology; (f) a specific validation report established by an independent and certified body that verifies the following: (i) the amended testing methodology meets the requirements set out in Article 6(1) and, where applicable, the requirements set out in Article 4(2)(f)(iv); (ii) the emissions reduction achieved by the innovative technology as determined using the amended testing methodology or, where appropriate, the new or amended simplified evaluation method or pre-defined CO2 savings, meets the relevant threshold specified in Article 9(1), taking into account any deterioration over time of the technology. 3. On receipt of the request for the amendment, the Commission shall make public the summary description of the amendments proposed referred to in point 2(c). 4. The Commission shall assess the request for amendment and, within nine months from receipt of a complete request, it shall amend the approval decision, unless objections are raised in respect of the appropriateness of the proposed amendments. The amended approval decision shall, where necessary, specify its applicability and the information required for the certification of the CO2 savings in accordance with Article 11 of this Regulation, subject to the application of the exceptions to the right to public access to documents specified in Regulation (EC) No 1049/2001. 5. The Commission may require adjustments to the proposed amendments. The Commission shall in that case consult the requester as well as other relevant stakeholders, including the original applicant for the approval of the innovative technology as an eco-innovation, on the proposed amendments and, where appropriate, take account of the comments received. 6. The assessment period may be extended by five months where the Commission finds that, because of the complexity of the innovative technology and the accompanying amended testing methodology or because of the size and contents of the request for amendment, the request cannot be appropriately assessed within the nine months assessment period. The Commission shall within 40 days of receipt of the request notify the requester if the assessment period is to be extended. 7. The Commission may at any time amend an approval decision on its own initiative, in particular to take into account technical progress. The Commission shall consult the original applicant for approval of the innovative technology as an eco-innovation and other relevant stakeholders on the amendments it considers and, where appropriate, take account of the comments received.’;