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. (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. (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. (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.

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.

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.

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.

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. (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. (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.

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.

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) .

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. (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. (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. (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.

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. (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. 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.

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. 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.

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. (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.

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.

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. (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.

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. (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.

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. (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.

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.

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.

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.

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.

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. (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.

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. (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. (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. (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. (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. (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.

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.

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.

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.

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. (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.

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 .

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.

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.

Amendment 50

Proposal for a regulation

Article 2 — paragraph 3 — introductory part

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

Amendment 51

Proposal for a regulation

Article 2 — paragraph 3 — point b

Text proposed by the Commission 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;

Amendment 52

Proposal for a regulation

Article 3 — introductory part

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

Amendment 53

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Text proposed by the Commission 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 ;

Amendment 54

Proposal for a regulation

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;

Amendment 55

Proposal for a regulation

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; (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;

Amendment 56

Proposal for a regulation

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; 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 ;

Amendment 57

Proposal for a regulation

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; (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;

Amendment 58

Proposal for a regulation

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; (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 ;

Amendment 59

Proposal for a regulation

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; (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;

Amendment 60

Proposal for a regulation

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; (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;

Amendment 61

Proposal for a regulation

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

Amendment 62

Proposal for a regulation

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.

Amendment 63

Proposal for a regulation

Article 4 — paragraph 2 — subparagraph 2

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

Amendment 64

Proposal for a regulation

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

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

Amendment 65

Proposal for a regulation

Article 6 — paragraph 1 a (new)

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

Amendment 66

Proposal for a regulation

Article 6 — paragraph 4

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

Amendment 67

Proposal for a regulation

Article 6 — paragraph 5

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

Amendment 68

Proposal for a regulation

Article 6 — paragraph 6

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

Amendment 69

Proposal for a regulation

Article 6 — paragraph 7

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

Amendment 70

Proposal for a regulation

Article 6 — paragraph 7 a (new)

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

Amendment 71

Proposal for a regulation

Article 7 — paragraph 1 a (new)

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

Amendment 72

Proposal for a regulation

Article 7 — paragraph 2

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

Amendment 73

Proposal for a regulation

Article 7 — paragraph 3 — subparagraph 1

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

Amendment 74

Proposal for a regulation

Article 7 — paragraph 3 — subparagraph 2

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

Amendment 75

Proposal for a regulation

Article 7 — paragraph 3 a (new)

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

Amendment 76

Proposal for a regulation

Article 7 — paragraph 5

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

Amendment 77

Proposal for a regulation

Article 8 — paragraph 1

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

Amendment 78

Proposal for a regulation

Article 8 — paragraph 1 a (new)

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

Amendment 79

Proposal for a regulation

Article 8 — paragraph 1 b (new)

Text proposed by the Commission Amendment 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; (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; (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 (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.

Amendment 80

Proposal for a regulation

Article 8 — paragraph 2

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

Amendment 81

Proposal for a regulation

Article 8 — paragraph 3

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

Amendment 82

Proposal for a regulation

Article 8 — paragraph 4 — subparagraph 1

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

Amendment 83

Proposal for a regulation

Article 8 — paragraph 5

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

Amendment 84

Proposal for a regulation

Article 8 — paragraph 5 a (new)

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

Amendment 85

Proposal for a regulation

Article 8 — paragraph 6

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

Amendment 86

Proposal for a regulation

Article 8 — paragraph 7

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

Amendment 87

Proposal for a regulation

Article 8 — paragraph 8

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

Amendment 88

Proposal for a regulation

Article 8 — paragraph 9

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

Amendment 89

Proposal for a regulation

Article 8 — paragraph 10

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

Amendment 90

Proposal for a regulation

Article 8 — paragraph 10 a (new)

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

Amendment 91

Proposal for a regulation

Article 9 — paragraph 1 — subparagraph 1

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

Amendment 92

Proposal for a regulation

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.

Amendment 93

Proposal for a regulation

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.

Amendment 94

Proposal for a regulation

Article 9 — paragraph 2

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

Amendment 95

Proposal for a regulation

Article 9 — paragraph 2 a (new)

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

Amendment 96

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 1

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

Amendment 97

Proposal for a regulation

Article 9 — paragraph 4

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

Amendment 98

Proposal for a regulation

Article 9 — paragraph 4 a (new)

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

Amendment 99

Proposal for a regulation

Article 9 — paragraph 4 b (new)

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

Amendment 100

Proposal for a regulation

Article 9 — paragraph 4 c (new)

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

Amendment 101

Proposal for a regulation

Article 9 — paragraph 4 d (new)

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

Amendment 102

Proposal for a regulation

Article 9 — paragraph 4 e (new)

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

Amendment 103

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 2

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

Amendment 104

Proposal for a regulation

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

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

Amendment 105

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 3

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

Amendment 106

Proposal for a regulation

Article 10 — paragraph 1

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

Amendment 107

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 2

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

Amendment 108

Proposal for a regulation

Article 10 — paragraph 1 a (new)

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

Amendment 109

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 1

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

Amendment 110

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 2

Text proposed by the Commission Amendment 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; (b) 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; (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; (e) 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 (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.

Amendment 111

Proposal for a regulation

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

Amendment 112

Proposal for a regulation

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.

Amendment 113

Proposal for a regulation

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.

Amendment 114

Proposal for a regulation

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.

Amendment 115

Proposal for a regulation

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].

Amendment 116

Proposal for a regulation

Article 11 — paragraph 1

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

Amendment 117

Proposal for a regulation

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

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

Amendment 118

Proposal for a regulation

Article 11 — paragraph 4

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

Amendment 119

Proposal for a regulation

Article 11 — paragraph 4 a (new)

Text proposed by the Commission Amendment 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.

Amendment 120

Proposal for a regulation

Article 11 — paragraph 5

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

Amendment 121

Proposal for a regulation

Article 11 — paragraph 6 a (new)

Text proposed by the Commission Amendment 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