Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (COM(2012)0380 — C7-0186/2012 — 2012/0184(COD))
Date: 2013-07-02
Institutions: Committee on Industry, Research and Energy, Committee on Transport and Tourism, Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: motor vehicle, road safety, roadworthiness tests, technical regulations




C_2016075EN.01021401.xml










26.2.2016   


EN


Official Journal of the European Union


C 75/214





P7_TA(2013)0297
Roadworthiness tests for motor vehicles and their trailers ***I
Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (COM(2012)0380 — C7-0186/2012 — 2012/0184(COD)) (1)

(Ordinary legislative procedure: first reading)
(2016/C 075/34)

Amendment 1


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmental acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure 
that
 vehicles which constitute an immediate risk to road safety 
are not used on roads
.












(3)


Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmental acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure
. Periodic testing should be the main tool
 to ensure 
roadworthiness. Roadside inspections of commercial vehicles should only be complementary to periodic tests and should be targeted at
 vehicles which constitute an immediate risk to road safety.









Amendment 2


Proposal for a regulation


Recital 3 a (new)








Text proposed by the Commission




Amendment





 










(3a)






All vehicles used on public roads, without prejudice to requirements of periodic roadworthiness testing, are required to be roadworthy at all times when they are used.











Amendment 3


Proposal for a regulation


Recital 3 b (new)








Text proposed by the Commission




Amendment





 










(3b)






Enforcement of roadworthiness measures should include awareness campaigns focusing on vehicle owners and aimed at developing good practices and habits resulting from basic checks on their vehicle.











Amendments 4 and 115


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


A number of technical standards and requirements on vehicle safety have been adopted within the Union. It is however necessary to ensure, through a regime of periodic roadworthiness tests, that after being placed on the market, vehicles continue to meet safety standards throughout their lifetime. 
This regime should apply to
 categories of vehicles as defined in Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC, Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval for motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles and Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units 
and repealing Directive 74/150/EEC
.












(4)


A number of technical standards and requirements on vehicle safety have been adopted within the Union. It is however necessary to ensure, through a regime of periodic roadworthiness tests, that after being placed on the market, vehicles continue to meet safety standards throughout their lifetime. 
Any retrofitted equipment affecting the safety and environmental characteristics of the vehicle should not adversely affect those characteristics as they were at the time of approval, first registration or entry into service. Member States might introduce national requirements concerning roadworthiness tests for
 categories of vehicles as defined in Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles 
; that national roadworthiness regime should apply to categories of vehicles as defined in
 Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval for motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles and Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units.









Amendment 5


Proposal for a regulation


Recital 5 a (new)








Text proposed by the Commission




Amendment





 










(5a)





Early disclosure of a motor-vehicle roadworthiness deficiency helps to remedy that deficiency and hence prevent accidents, and accident-related costs saved should be used to part-fund the establishment of a bonus scheme.










Amendment 6


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)


A large fraction of total emissions of road transport, in particular CO2 emissions, is due to a minority of vehicles with malfunctioning emission control systems. It is estimated that 5 % of the vehicle fleet causes 25 % of all pollutant emissions. Therefore, a periodic regime of roadworthiness tests would also contribute to improve the environment through the reduction of the average vehicle emissions.












(6)


A large fraction of total emissions of road transport, in particular CO2 emissions, is due to a minority of vehicles with malfunctioning emission control systems. It is estimated that 5 % of the vehicle fleet causes 25 % of all pollutant emissions. 
This also applies to an increase in particulates and NOx emissions from engines of modern design which require a more comprehensive emissions test, including a check, by means of an electronic control device, of the integrity and functionality of the vehicle's own on-board diagnostic (OBD) system, verified by existing tailpipe testing to ensure a complete emissions system test, since testing by reference to the OBD alone is not reliable
. Therefore, a periodic regime of roadworthiness tests would also contribute to improve the environment through the reduction of the average vehicle emissions.









Amendment 8


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


Agricultural vehicles with a maximum design speed exceeding 40 km/h are 
more and more
 used to replace trucks 
in local transport activities. Their risk potential is comparable to that of trucks and therefore this vehicle category should be
 treated in the same way as trucks regarding roadworthiness testing.












(8)


Agricultural vehicles with a maximum design speed exceeding 40 km/h are 
in some instances being
 used to replace trucks 
for commercial road haulage purposes. It is important to ensure, where agricultural vehicles are used in this way, that they are
 treated in the same way as trucks regarding roadworthiness testing.









Amendment 9


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


Vehicles of historic interest 
are supposed to
 conserve heritage of the époque

they have been
 built 
and considered to be hardly used on public roads,
 it should be left to Member States to extend the period of periodic roadworthiness testing for such vehicles. It should also be for Member States to regulate roadworthiness testing of other types of specialised vehicles.












(9)


Vehicles of historic interest conserve heritage of the age

in which they were
 built
, are maintained in a historically correct condition and are rarely used as everyday vehicles.
 It should be left to Member States to extend the period of periodic roadworthiness testing for such vehicles 
or to otherwise regulate the regime for testing their roadworthiness
. It should also be for Member States to regulate roadworthiness testing of other types of specialised vehicles.









Amendment 10


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)


Roadworthiness testing is a sovereign activity and should 
therefore
 be done by the Member 
States
 or by 
entrusted bodies under their supervision
. Member States should 
remain responsible for roadworthiness testing in any cases even if the national system allows for authorisation of private bodies, including those involved in performing repairs
.












(10)


Roadworthiness testing is a sovereign activity and 
as such
 should be done by the Member 
State concerned,
 or by 
a public body entrusted with that task by the State or by bodies or establishments designated and directly supervised by the State, including duly authorised private bodies
. 
In particular, where establishments designated as vehicle testing centres also perform motor vehicle repairs,
 Member States should 
make every effort to ensure the objectivity and high quality of the vehicle testing
.









Amendment 11


Proposal for a regulation


Recital 10 a (new)








Text proposed by the Commission




Amendment





 










(10a)






With a view to better application of the principle of free movement within the Union, the roadworthiness certificate issued in the original Member State of registration should be mutually recognised among Member States for the purpose of re-registration.











Amendment 12


Proposal for a regulation


Recital 10 b (new)








Text proposed by the Commission




Amendment





 










(10b)






When there is evidence that harmonisation of roadworthiness testing has been achieved to a sufficient degree, provisions for full mutual recognition of roadworthiness certificates throughout the Union should be established.











Amendment 13


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


For the inspection of vehicles and especially for their electronic safety components it is crucial to have access to the technical specifications of each single vehicle. Therefore vehicle manufacturers should not only provide the complete set of data as covered by the certificate of conformity (CoC) but also the access to data necessary for verification of the functionality of safety and environmental related 
components. The provisions related to access to repair and maintenance information should be applied similarly for this purpose, allowing inspection centres to have access to those information-elements necessary for roadworthiness testing. This is of crucial importance especially in the field of electronic controlled systems and should cover all elements that have been installed by the manufacturer
.












(11)


For the inspection of vehicles and especially for their electronic safety components it is crucial to have access to the technical specifications of each single vehicle. Therefore vehicle manufacturers should not only provide the complete set of data as covered by the certificate of conformity (CoC) but also the access to data necessary for verification of the functionality of safety and environmental related 
systems. The data should include the details that allow the functionality of the vehicle safety systems to be monitored in a way that allows them to be tested in a periodic technical inspection environment, in such a way as to establish a predictable pass or fail rate
.









Amendment 14


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


To achieve a high quality of testing throughout the Union test equipment to be used during testing, its maintenance and calibration should be specified 
on
 Union level.












(12)


To achieve a high quality of testing throughout the Union 
of
 test equipment to be used during testing, its maintenance and calibration should be specified 
at
 Union level. 
Incentives should be created for innovations in the areas of testing systems, procedures and equipment, thus making it possible to achieve further cost reductions and improvements in use.











Amendment 15


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)


Inspectors, when performing roadworthiness tests, should act independently and any conflict of interests should be avoided. 
The result of roadworthiness tests should not thus be linked to salary or any economic or personal benefit.














(13)


Inspectors, when performing roadworthiness tests, should act independently and any conflict of interests should be avoided. 
Member States should ensure that assessments are carried out properly and should pay particular attention to their objectivity.











Amendment 16


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






The quality and impartiality of roadworthiness testing centres is crucial for achieving the target of higher road safety. Therefore, testing centres carrying out roadworthiness tests should, for example, meet the minimum requirements in respect of ISO 17020 on general criteria for the operation of various types of bodies performing inspection.











Amendment 17


Proposal for a regulation


Recital 14








Text proposed by the Commission




Amendment











(14)


Results of a test should not be altered for commercial purposes. Only, if the findings of the roadworthiness test performed by an inspector are manifestly incorrect, the supervising body 
should
 be able to modify the results of a roadworthiness test.












(14)


Results of a test should not be altered for commercial purposes. Only if the findings of the roadworthiness test performed by an inspector are manifestly incorrect 
should
 the supervising body be able to modify the results of a roadworthiness test 
and impose the appropriate penalties on the body which issued the certificate
.









Amendment 18


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


High standards of roadworthiness testing require a high level of skills and competences of the testing personnel. A training system including an initial training and periodic refresher trainings should be introduced. A transitional period should be defined to allow for a smooth transition of existing testing personnel into the periodic training regime.












(15)


High standards of roadworthiness testing require a high level of skills and competences of the testing personnel. A training system including an initial training and periodic refresher trainings should be introduced. A transitional period should be defined to allow for a smooth transition of existing testing personnel into the periodic training regime. 
Member States which already apply more stringent training, competence and testing requirements than the minimum requirements should be allowed to maintain their high standards.











Amendment 19


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


Frequency of tests should be adapted according to the type of vehicle 
and to their mileage
. Vehicles are more likely to present technical deficiencies when they reach a certain age 
and, in particular when intensively used, after a certain mileage
. It is therefore appropriate to 
increase the test frequency for older vehicles and for vehicles with high mileage
.












(17)


Frequency of tests should be adapted according to the type of vehicle. Vehicles are more likely to present technical deficiencies when they reach a certain age. It is therefore appropriate to 
test older vehicles more frequently
.









Amendment 20


Proposal for a regulation


Recital 19








Text proposed by the Commission




Amendment











(19)


Roadworthiness tests should cover all items relevant to the specific design, construction and equipment of the tested vehicle. Within these items and considering the current state of vehicle technology, modern electronic systems should be included in the list of items to be tested. To achieve a harmonisation of roadworthiness testing, testing methods should be provided for each of the test items.












(19)


Roadworthiness tests should cover all items relevant to the specific design, construction and equipment of the tested vehicle. 
Those items should be updated to take account of evolving research and technical progress on vehicle safety. Substandard wheels fitted onto non-standard axles should be treated as a critical safety item and should therefore be included in roadworthiness testing.
 Within these items and considering the current state of vehicle technology, modern electronic systems should be included in the list of items to be tested. To achieve a harmonisation of roadworthiness testing, testing methods should be provided for each of the test items.









Amendment 21


Proposal for a regulation


Recital 20 a (new)








Text proposed by the Commission




Amendment





 










(20a)






Roadworthiness test standards should be set at a common Union-wide high minimum level, allowing those Member States which already have roadworthiness test standards at a level higher than required by this Regulation to maintain their higher standards and to adapt them to technical progress where appropriate.











Amendment 22


Proposal for a regulation


Recital 21








Text proposed by the Commission




Amendment











(21)


The holder of the registration of a vehicle subject to a roadworthiness test during which deficiencies are found, in particular those which represent a risk to road safety, should rectify such deficiencies without delay. In case of dangerous deficiencies, the 
registration of the
 vehicle should be 
withdrawn
 until those deficiencies are fully rectified.












(21)


The holder of the registration of a vehicle subject to a roadworthiness test during which deficiencies are found, in particular a vehicle which represents a risk to road safety, should rectify such deficiencies without delay. In the case of dangerous deficiencies, the vehicle should 
not
 be 
driven on public roads
 until those deficiencies are fully rectified.









Amendment 23


Proposal for a regulation


Recital 22








Text proposed by the Commission




Amendment











(22)


A roadworthiness certificate should be issued after each test
, including inter alia information related to the identity of the vehicle and information on the results of the test. With a view to ensure a proper follow-up of roadworthiness tests
, Member States should collect and keep such information in a database.












(22)




To ensure the proper follow-up of testing results,
 a roadworthiness certificate should be issued after each test 
and should also be created in electronic format, with the same level of detail in relation to vehicle identity and test results as is contained in the original test certificate. Furthermore
, Member States should collect and keep such information in a 
centralised
 database 
in order to ensure that the authenticity of the periodic technical inspection results can be easily verified
.









Amendment 24


Proposal for a regulation


Recital 22 a (new)








Text proposed by the Commission




Amendment





 










(22a)






Since some Member States do not require the registration of certain categories of vehicles, such as light trailers, the information on the successful passing of a roadworthiness test should be made available by a proof of test displayed in a visible manner on the vehicle.











Amendment 25


Proposal for a regulation


Recital 23








Text proposed by the Commission




Amendment











(23)


Odometer fraud is considered to affect between 5 % and 12 % of used cars sales, resulting in a very important cost to society of several billions Euros yearly and in an incorrect evaluation of a roadworthiness condition of a vehicle. With a view to combat odometer fraud, the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering or manipulation of the odometer. Odometer fraud should be more systematically considered as an offence liable to a penalty.












(23)


Odometer fraud is considered to affect between 5 % and 12 % of used car sales 
within a single country, while the figure is far higher in the case of cross-border sales
, resulting in a very significant cost to society of several billion euros yearly and in an incorrect evaluation of the roadworthiness of a vehicle. With a view to combating odometer fraud, the recording of mileage in the roadworthiness certificate combined with the obligation to present the certificate of the previous test would facilitate the detection of tampering with, or manipulation of, the odometer. 
The establishment of an electronic vehicle information platform recording the mileage of vehicles and the serious accidents in which they have been involved throughout their lifetime, with due regard for data protection, would also help to prevent manipulation and to make important information accessible.
 Odometer fraud should 
moreover
 be more systematically considered as an offence liable to a penalty.









Amendment 26


Proposal for a regulation


Recital 25








Text proposed by the Commission




Amendment











(25)


Roadworthiness testing is part of a wider regulatory scheme, governing vehicles throughout their lifetime from approval via registrations, inspections until scrapping. The development and interconnection of national and manufacturers' electronic vehicle databases 
should in principle
 contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens. 
The Commission should therefore carry out a study on the feasibility, costs and benefits of setting-up a European electronic vehicle information platform for this purpose.














(25)


Roadworthiness testing is part of a wider regulatory scheme, governing vehicles throughout their lifetime from approval via registrations, inspections until scrapping. The development and interconnection of national and manufacturers' electronic vehicle databases 
would
 contribute to improve the efficiency of the whole vehicle administrative chain and reduce costs and administrative burdens.









Amendment 27


Proposal for a regulation


Recital 25 a (new)








Text proposed by the Commission




Amendment





 










(25a)






Since the objective of this Regulation should be to encourage further harmonisation and standardisation of periodic roadworthiness testing of vehicles, which should eventually lead to the establishment of a single market for periodic roadworthiness testing in the Union with a system of mutual recognition of roadworthiness testing certificates which allows vehicles to be tested in any Member State, the Commission should draft a report on progress in the harmonisation process in order to determine when such a mutual recognition system could be established.











Amendment 28


Proposal for a regulation


Recital 26








Text proposed by the Commission




Amendment











(26)


In order to 
supplement
 this Regulation 
with further technical details
, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with a view to take into account, when appropriate, evolution of the Union type-approval legislation in relation with vehicle categories, as well as the need to update the Annexes in the light of technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.












(26)


In order to 
update
 this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with a view to take into account, when appropriate, evolution of the Union type-approval legislation in relation with vehicle categories, as well as the need to update the Annexes in the light of technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.









Amendment 29


Proposal for a regulation


Recital 29








Text proposed by the Commission




Amendment











(29)


Since the objective of this Regulation, namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the Union, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.












(29)


Since the objective of this Regulation, namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadworthiness tests of vehicles within the Union, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. 
Member States may decide to lay down requirements more stringent than the minimum standards.











Amendment 30


Proposal for a regulation


Article 1








Text proposed by the Commission




Amendment





This Regulation establishes a regime of periodic roadworthiness tests of vehicles.


This Regulation establishes a regime of periodic roadworthiness tests of vehicles 
carried out on the basis of minimum technical standards and requirements with the aim of ensuring a high level of road safety and environmental protection
.





Amendment 31


Proposal for a regulation


Article 2 — paragraph 1 — indent 1








Text proposed by the Commission




Amendment











—


motor vehicles 
having at least four wheels, used
 for the carriage of 
passengers and with
 not more than eight seats in addition to the driver’s seat — vehicle category M1,












—


motor vehicles 
designed and constructed primarily
 for the carriage of 
persons and their luggage, comprising
 not more than eight seats in addition to the driver’s seat — vehicle category M1,









Amendment 32


Proposal for a regulation


Article 2 — paragraph 1 — indent 2








Text proposed by the Commission




Amendment











—


motor vehicles 
used
 for the carriage of 
passengers and with
 more than eight seats, excluding the driver’s seat — vehicle category M2 and M3,












—


motor vehicles 
designed and constructed primarily
 for the carriage of 
persons and their luggage, comprising
 more than eight seats, excluding the driver’s seat — vehicle category M2 and M3,









Amendment 33


Proposal for a regulation


Article 2 — paragraph 1 — indent 3








Text proposed by the Commission




Amendment











—


motor vehicles 
having at least four wheels, normally used
 for the 
road
 carriage of goods 
and with
 a maximum 
permissible
 mass not exceeding 
3 500 kg
 — vehicle category N1,












—


motor vehicles 
designed and constructed primarily
 for the carriage of goods
, having
 a maximum mass not exceeding 
3,5 tonnes
 — vehicle category N1,









Amendment 34


Proposal for a regulation


Article 2 — paragraph 1 — indent 4








Text proposed by the Commission




Amendment











—


motor vehicles 
used
 for the carriage of goods 
and
 having a maximum 
permissible
 mass exceeding 
3 500 kg
 — vehicle categories N2 and N3,












—


motor vehicles 
designed and constructed primarily
 for the carriage of goods, having a maximum mass exceeding 
3,5 tonnes
 — vehicle categories N2 and N3,









Amendment 35


Proposal for a regulation


Article 2 — paragraph 1 — indent 5








Text proposed by the Commission




Amendment











—


trailers 
and semi-trailers with a
 maximum 
permissible
 mass not exceeding 
3 500 kg
 — vehicle 
categories O1 and
 O2,












—


trailers 
designed and constructed for the carriage of goods or of persons as well as for the accommodation of persons, having a
 maximum mass 
of more than 750 kg but
 not exceeding 
3,5 tonnes
– vehicle 
category
 O2









Amendment 36


Proposal for a regulation


Article 2 — paragraph 1 — indent 6








Text proposed by the Commission




Amendment











—


trailers 
and semi-trailers with
 a maximum 
permissible
 mass exceeding 
3 500 kg
 — vehicle categories O3 and O4,












—


trailers 
designed and constructed for the carriage of goods or of persons as well as for the accommodation of persons, having
 a maximum mass exceeding 
3,5 tonnes
 — vehicle categories O3 and O4,









Amendment 117/1


Proposal for a regulation


Article 2 — paragraph 1 — indent 7








Text proposed by the Commission




Amendment











—


two- or three-wheel vehicles — vehicle categories 
L1e, L2e,
 L3e, L4e, L5e
, L6e
 and L7e,












—




from 1 January 2016
 two- or three-wheel vehicles — vehicle categories L3e, L4e, L5e and L7e,









Amendment 38


Proposal for a regulation


Article 2 — paragraph 1 — indent 8








Text proposed by the Commission




Amendment











—


wheeled tractors with a maximum design speed exceeding 
40 km/h — vehicle category T5
.












—


wheeled tractors 
of category T5 used mainly on public roads
 with a maximum design speed exceeding 
40 km/h
.









Amendment 39


Proposal for a regulation


Article 2 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Mandatory periodic roadworthiness tests may be extended by Member States to other vehicle categories. Member States shall inform the Commission of any extension decisions taken by them, giving reasons for those decisions.







Amendment 117/2


Proposal for a regulation


Article 2 — paragraph 1 b (new)








Text proposed by the Commission




Amendment





 




1b.
   
This Regulation shall apply as from 1 January 2018 to the following vehicle categories unless the Commission demonstrates in its report under Article 18a that such a measure would be ineffective:






 








—




two- or three-wheel vehicles — vehicle categories L1e, L2e and L6e.











Amendment 40


Proposal for a regulation


Article 2 — paragraph 2 — indent 2








Text proposed by the Commission




Amendment











—


vehicles 
belonging to
 armed forces, fire services, civil protection, emergency or rescue services,












—


vehicles 
used by
 armed forces, fire services, civil protection, emergency or rescue services,









Amendment 41


Proposal for a regulation


Article 2 — paragraph 2 — indent 4 a (new)








Text proposed by the Commission




Amendment





 








—




O2 category trailers having a maximum mass not exceeding 2,0 tonnes but not including O2 category trailers of the trailer caravan type.











Amendment 42


Proposal for a regulation


Article 3 — point 5








Text proposed by the Commission




Amendment













(5)






‘two- or three-wheel vehicles’ means any power-driven vehicle on two wheels with or without sidecar, tricycles and quadricycles;










deleted







Amendment 43


Proposal for a regulation


Article 3 — point 7








Text proposed by the Commission




Amendment











(7)


‘vehicle of historic interest’ means any vehicle which fulfils all the following conditions:












(7)


‘vehicle of historic interest’ means any vehicle which 
is considered to be historic by the Member State of registration or one of its appointed authorising bodies and which
 fulfils all the following conditions:














 








—


It was manufactured at least 30 years ago,
















 








—


it was manufactured 
or registered for the first time
 at least 30 years ago;


















 








—




It is maintained by use of replacement parts which reproduce the historic components of the vehicle;


















 








—




its specific type, as defined by the relevant legal acts of the Union on type approval, is no longer in production;




















 








—




It
 has not 
sustained any change in the
 technical characteristics 
of its main components such as engine, brakes, steering or suspension and


















 








—




it is preserved and maintained in a historically correct condition, and therefore
 has not 
undergone major changes in its
 technical characteristics;


















 








—




It has not been changed in its appearance
;










 





Amendment 44


Proposal for a regulation


Article 3 — point 9








Text proposed by the Commission




Amendment











(9)


‘roadworthiness test’ means 
a verification that the parts and components of
 a vehicle 
comply with its
 safety and environmental characteristics 
in force
 at the time of approval, first registration or entry into service, 
as well as
 at the time of retrofitting;












(9)


‘roadworthiness test’ means 
an inspection to ensure that
 a vehicle 
is safe to be used on public roads and complies with required
 safety and environmental characteristics at the time of approval, first registration or entry into service, 
or
 at the time of retrofitting;









Amendment 45


Proposal for a regulation


Article 3 — point 13








Text proposed by the Commission




Amendment











(13)


‘inspector’ means a person authorised by a Member State to carry out roadworthiness tests in a testing centre or on behalf of a competent authority;












(13)


‘inspector’ means a person authorised by a Member State 
or its competent authority
 to carry out roadworthiness tests in a testing centre or on behalf of a competent authority;









Amendment 46


Proposal for a regulation


Article 4 — paragraph 2








Text proposed by the Commission




Amendment





2.   Roadworthiness tests shall be carried out 
only
 by the competent authority of 
a
 Member State or by 
testing centres authorised by Member States
.


2.   Roadworthiness tests shall be carried out
, in principle, in the Member State in which the vehicle is registered
 by the competent authority of 
that
 Member State or by 
a public body entrusted with the task by the State or by bodies or establishments certified and supervised by the State, including authorised private bodies.







Amendment 47


Proposal for a regulation


Article 4 — paragraph 3








Text proposed by the Commission




Amendment





3.   Vehicle manufacturers shall provide the testing centres or, when relevant, the competent authority, with access to the technical information necessary for roadworthiness testing, as set out in Annex I. The Commission shall adopt detailed rules concerning the procedures on access to the technical information set out in Annex I in accordance with the examination procedure referred to in Article 16(2).


3.   Vehicle manufacturers shall provide
, free of charge,
 the testing centres 
and test equipment manufacturers
 or, when relevant, the competent authority, with access to the technical information necessary for roadworthiness testing, as set out in Annex I
. For test equipment manufacturers, that information shall include the information required to allow the test equipment to be used for the purposes of conducting a pass or fail assessment of the functionality of vehicle electronic control systems
. The Commission shall adopt detailed rules concerning the procedures on access to the technical information set out in Annex I 
and examine the feasibility of a single point of access
 in accordance with the examination procedure referred to in Article 16(2).





Amendment 48


Proposal for a regulation


Chapter 3 — title








Text proposed by the Commission




Amendment





REQUIREMENTS CONCERNING ROADWORTHINESS TESTS




MINIMUM
 REQUIREMENTS CONCERNING ROADWORTHINESS TESTS





Amendment 50


Proposal for a regulation


Article 5 — paragraph 1 — indent 2








Text proposed by the Commission




Amendment











—


Vehicles of category M1, N1 and O2: four years after the date on which the vehicle was first registered, 
then two years
 and thereafter 
annually
;












—


Vehicles of category M1, N1 and O2: four years after the date on which the vehicle was first registered, and thereafter 
every two years
;









Amendment 51


Proposal for a regulation


Article 5 — paragraph 1 — indent 3








Text proposed by the Commission




Amendment











—


Vehicles of category M1 registered as taxis or ambulances, vehicles of categories M2, M3, N2, N3, 
T5,
 O3 and O4: one year after the date on which the vehicle was first registered, and thereafter annually.












—


Vehicles of category M1 registered as taxis or ambulances, vehicles of categories M2, M3, N2, N3, O3 and O4: one year after the date on which the vehicle was first registered, and thereafter annually;









Amendment 52


Proposal for a regulation


Article 5 — paragraph 1 — indent 3 a (new)








Text proposed by the Commission




Amendment





 








—




Vehicles of category T5 used mainly on public roads: one year after the date on which the vehicle was first registered, and thereafter annually;











Amendment 53


Proposal for a regulation


Article 5 — paragraph 1 — indent 3 b (new)








Text proposed by the Commission




Amendment





 








—




Other categories of vehicles: at intervals defined by the Member State of registration.











Amendment 54


Proposal for a regulation


Article 5 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Any Member State may provide funding for roadworthiness tests should a vehicle owner decide to reduce the inspection interval to one year. The funding period shall begin no sooner than 10 years following the date of first registration of the vehicle.







Amendment 55


Proposal for a regulation


Article 5 — paragraph 1 b (new)








Text proposed by the Commission




Amendment





 




1b.
   
A Member State may require that vehicles of any class registered in its territory be subject to more frequent periodic roadworthiness testing.







Amendment 56


Proposal for a regulation


Article 5 — paragraph 2








Text proposed by the Commission




Amendment







2.
   
In the case where a vehicle of categories M1 or N1 reaches a mileage of 160 000 km on the first roadworthiness test after the vehicle was first registered, it shall be subject to a roadworthiness test thereafter annually.






deleted







Amendment 57


Proposal for a regulation


Article 5 — paragraph 3








Text proposed by the Commission




Amendment





3.   The holder of the registration certificate may request the testing centre, or the competent authority if relevant, to carry out the roadworthiness test during a period extending from the beginning of the month preceding the month of the anniversary date referred to in paragraph 1 until the end of the second month following this date, without affecting the date for the next roadworthiness test.


3.   The holder of the registration certificate may request the testing centre, or the competent authority 
or the bodies or establishments certified and supervised by the State
 if relevant, to carry out the roadworthiness test during a period extending from the beginning of the month preceding the month of the anniversary date referred to in paragraph 1 until the end of the second month following this date, without affecting the date for the next roadworthiness test.





Amendment 58


Proposal for a regulation


Article 5 — paragraph 4 — indent 3








Text proposed by the Commission




Amendment











—




in case of a change of the holder of the registration certificate of a vehicle.










deleted







Amendment 59


Proposal for a regulation


Article 5 — paragraph 4 — indent 3 a (new)








Text proposed by the Commission




Amendment





 








—




when the vehicle has reached a mileage of 160 000 km.











Amendment 60


Proposal for a regulation


Article 6 — paragraph 1








Text proposed by the Commission




Amendment





1.   The roadworthiness test shall cover the areas referred to in Annex II, point 2.


1.   The roadworthiness test shall cover 
at least
 the areas referred to in Annex II, point 2.





Amendment 61


Proposal for a regulation


Article 6 — paragraph 2








Text proposed by the Commission




Amendment





2.   For each area referred to in paragraph 1, the competent authorities of the Member State or the testing centre shall carry out a roadworthiness test covering at least the items and using the method 
applicable to
 the testing of those items, as set out in Annex II, point 3.


2.   For each area referred to in paragraph 1, the competent authorities of the Member State or the testing centre shall carry out a roadworthiness test covering at least the items and using the method applicable to the testing of those items, as set out in Annex II, point 3
, or an equivalent alternative approved by a competent authority
.





Amendment 62


Proposal for a regulation


Article 8 — paragraph 1








Text proposed by the Commission




Amendment





1.   The testing centre or, if relevant, the competent authority that has conducted a roadworthiness test on a vehicle shall issue a roadworthiness certificate to that vehicle 
that contains
 at least the elements laid down in Annex IV.


1.   The testing centre or, if relevant, the competent authority that has conducted a roadworthiness test on a vehicle shall issue a roadworthiness certificate to that vehicle, 
which shall also be available in electronic format, containing
 at least the elements laid down in Annex IV. 
To that end, the Commission shall draw up a standard European Union form for roadworthiness tests.







Amendment 63


Proposal for a regulation


Article 8 — paragraph 2








Text proposed by the Commission




Amendment





2.   The testing centre or, if relevant, the competent authority, shall provide the person presenting the vehicle to the test with 
the
 roadworthiness certificate or, 
in case of electronic established roadworthiness
 certificate
, a duly certified printout of such certificate
.


2.   
As soon as the test has been satisfactorily completed,
 the testing centre or, if relevant, the competent authority shall provide the person presenting the vehicle to the test with 
a
 roadworthiness certificate or, 
where the
 certificate 
is in electronic form, shall make available a printout of the test results
.





Amendment 64


Proposal for a regulation


Article 8 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
Where an application for re-registration of a vehicle has been received, and the vehicle originates from another Member State, the registration authorities shall recognise the vehicle's roadworthiness certificate, once its validity has been verified at the time of re-registration. Such recognition shall cover the same period as the original validity period of the certificate, except where that original validity period extends beyond the maximum legal duration in the Member State where the vehicle is being re-registered. In that event, validity shall be aligned downwards, and calculated from the date on which the original roadworthiness certificate was issued for the vehicle. Before the date of application of this Regulation, Member States shall communicate to each other the format of the roadworthiness certificate recognised by their respective competent authorities as well as instructions on how to verify authenticity.







Amendment 65


Proposal for a regulation


Article 8 — paragraph 4








Text proposed by the Commission




Amendment





4.   For the purposes of checking the odometer reading, and where this information was not communicated electronically following the previous roadworthiness test, the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test.


4.   For the purposes of checking the odometer reading, 
where fitted,
 and where the information on that reading was not communicated electronically following the previous roadworthiness test, the inspector shall require the person presenting the vehicle to the test to show the certificate issued following the previous roadworthiness test
, if that certificate has not been issued electronically
.





Amendment 66


Proposal for a regulation


Article 8 — paragraph 5








Text proposed by the Commission




Amendment





5.   The results of the roadworthiness test shall be notified to the registration authority of the vehicle. This notification shall contain the information mentioned in the roadworthiness certificate.


5.   The results of the roadworthiness test shall be notified 
by electronic means
 to the registration authority of the vehicle 
without delay
. That notification shall contain the information mentioned in the roadworthiness certificate.





Amendment 67


Proposal for a regulation


Article 9 — paragraph 2








Text proposed by the Commission




Amendment





2.   In the case of major deficiencies, the competent authority 
shall
 decide on the conditions under which a vehicle may be used before undergoing another roadworthiness test. The latter test shall take place within six weeks following the initial test.


2.   In the case of major deficiencies, the 
national
 competent authority 
may
 decide on the conditions under which a vehicle may be used before undergoing another roadworthiness test. The latter test shall take place within six weeks following the initial test.





Amendment 68


Proposal for a regulation


Article 9 — paragraph 3








Text proposed by the Commission




Amendment





3.   In the case of dangerous deficiencies, the 
vehicle shall not be used on publicly accessible roads and its registration shall be withdrawn in accordance with Article 3a of Directive XXX of the European Parliament and
 of the 
Council amending Council Directive 1999/37/EC on the registration documents for vehicles
 until 
the
 deficiencies are rectified 
and a new roadworthiness certificate is issued testifying that the vehicle is in a roadworthy condition
.


3.   In the case of dangerous deficiencies, the 
Member State or the competent authority may prevent or restrict the use
 of the 
vehicle on public roads
 until 
any dangerous
 deficiencies are rectified.





Amendment 69


Proposal for a regulation


Article 10 — paragraph 1








Text proposed by the Commission




Amendment





The testing centre or, if relevant, the competent authority of the Member State that has carried out a roadworthiness test on a vehicle registered in its territory shall issue a proof to each vehicle having successfully passed such a test. The proof shall indicate the date of the next roadworthiness test.


The testing centre or, if relevant, the competent authority of the Member State that has carried out a roadworthiness test on a vehicle registered in its territory shall issue a proof to each vehicle having successfully passed such a test. The proof shall indicate the date of the next roadworthiness test. 
No proof of roadworthiness need be issued if it is possible to indicate in the vehicle registration document that the roadworthiness test has been conducted and the date of the next such test.







Amendment 70


Proposal for a regulation


Article 10 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




Where the tested vehicle belongs to a vehicle category not subject to registration in the Member State where it has been put into service, the proof of test shall be displayed in a visible manner on the vehicle.







Amendment 71


Proposal for a regulation


Article 10 — paragraph 2








Text proposed by the Commission




Amendment





Each Member State shall recognise the proof issued in accordance with paragraph 1.


Each Member State shall recognise the proof issued 
by another Member State
 in accordance with paragraph 1 
or a corresponding record in the vehicle registration document, provided that it was issued for a vehicle registered in that Member State
.





Amendment 72


Proposal for a regulation


Article 11 — paragraph 1








Text proposed by the Commission




Amendment





1.   Testing facilities and equipment used for carrying out roadworthiness tests shall comply with the minimum technical requirements laid down in Annex V.


1.   Testing facilities and equipment used for carrying out roadworthiness tests shall comply with 
at least
 the minimum technical requirements laid down in Annex V.





Amendment 73


Proposal for a regulation


Article 11 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Testing centres in which inspectors perform roadworthiness tests shall be authorised by a Member State or by its competent authority.







Amendment 74


Proposal for a regulation


Article 11 — paragraph 1 b (new)








Text proposed by the Commission




Amendment





 




1b.
   
Testing centres which have already been authorised by Member States prior to the entry into force of this Regulation shall be retested for compliance with the minimum standards following a period of at least five years from the entry into force of this Regulation.







Amendment 75


Proposal for a regulation


Article 11 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
To meet minimum requirements in terms of quality management, testing centres shall comply with the requirements of the authorising Member State. Testing centres shall ensure the objectivity and the high quality of the vehicle testing.







Amendment 76


Proposal for a regulation


Article 12 — paragraph 1








Text proposed by the Commission




Amendment





1.   Roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in Annex VI.


1.   Roadworthiness tests shall be carried out by inspectors fulfilling the minimum competence and training requirements laid down in Annex VI. 
Member States may lay down additional competence and training requirements.







Amendment 77


Proposal for a regulation


Article 12 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Member States shall prescribe adequate training for inspectors in line with the qualification requirements.







Amendment 78


Proposal for a regulation


Article 12 — paragraph 2








Text proposed by the Commission




Amendment





2.   
Member States
 shall deliver a certificate to inspectors who fulfil the minimum competence and training requirements. This certificate shall include at least the information mentioned in Annex VI, point 3.


2.   
The competent authorities or, where applicable, approved training centres
 shall deliver a certificate to inspectors who fulfil the minimum competence and training requirements. This certificate shall include at least the information mentioned in Annex VI, point 3.





Amendment 79


Proposal for a regulation


Article 12 — paragraph 3








Text proposed by the Commission




Amendment





3.   Inspectors employed by competent authorities of the Member States or a testing centre at the date of application of this Regulation shall be exempted from the requirements laid down in Annex VI, point 1. The Member States shall deliver a certificate of equivalence to these inspectors.


3.   Inspectors employed 
or authorised
 by competent authorities of the Member States or a testing centre at the date of application of this Regulation shall be exempted from the requirements laid down in Annex VI, point 1. The Member States shall deliver a certificate of equivalence to these inspectors.





Amendment 80


Proposal for a regulation


Article 12 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 




4a.
   
A person who has performed repairs or maintenance on a vehicle shall not be involved as an inspector in the subsequent conducting of a periodic roadworthiness test of that same vehicle unless the supervising body has established to its satisfaction that a high level of objectivity can be guaranteed. Member States may prescribe stronger requirements regarding the separation of activities.







Amendment 81


Proposal for a regulation


Article 12 — paragraph 5








Text proposed by the Commission




Amendment





5.   The testing centre shall inform the person presenting the vehicle to the test of the 
necessary repairs to be carried out
 and shall not alter the results of the test for commercial purposes.


5.   The testing centre shall inform the person 
or repair workshop
 presenting the vehicle to the test of the 
deficiencies identified on the vehicle
 and shall not alter the results of the test for commercial purposes.





Amendment 82


Proposal for a regulation


Article 13 — paragraph 1 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




Each Member State shall ensure that testing centres in its territory are supervised.







Amendment 83


Proposal for a regulation


Article 13 — paragraph 2








Text proposed by the Commission




Amendment





2.   Testing centres directly operated by a competent authority shall be exempted from the requirements regarding authorisation and supervision.


2.   Testing centres directly operated by a 
Member State's
 competent authority shall be exempted from the requirements regarding authorisation and supervision.





Amendment 84


Proposal for a regulation


Article 15








Text proposed by the Commission




Amendment





The Commission shall examine the 
feasibility, costs and benefits of the establishment of
 an electronic vehicle information platform with a view to 
exchange
 information on data related to roadworthiness testing between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres and the vehicle manufacturers.


The Commission shall examine the 
most efficient and effective way to establish
 an electronic vehicle information platform 
by taking advantage of existing and already implemented IT solutions with regard to international data exchange so as to minimise costs and avoid duplication. The examination shall consider the most appropriate way to link the existing national systems
 with a view to 
exchanging
 information on data related to roadworthiness testing 
and odometer readings
 between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres, the test equipment manufacturers and the vehicle manufacturers.




 




The Commission shall also examine the collection and storage of existing safety-related data concerning vehicles which have been involved in serious accidents. Those data should include at least information concerning components with a safety function which have been replaced and repaired.






 




The information on the history of a vehicle should be made available to inspectors testing that vehicle and, in anonymised form, to Member States, so as to help them plan and carry out measures to improve road safety, and also to the holder of the registration certificate or the vehicle owner.








It shall,
 on the basis of that examination, put forward and evaluate different policy options, including the possibility to remove the requirement of a proof of test as provided for in Article 10. Within two years after the date of application of this Regulation, the Commission shall report to the European Parliament and to the Council on the results of the examination, and accompany it with a legislative proposal, if appropriate.


On the basis of that examination, 
the Commission shall
 put forward and evaluate different policy options, including the possibility of removing the requirement of a proof of test as provided for in Article 10 
and the establishment of a system for exchanging information between Member States, in the event of cross-border sales of vehicles, about the mileage readings of, and serious accidents suffered by, those vehicles throughout their lifetime.
 Within two years after the date of application of this Regulation, the Commission shall report to the European Parliament and to the Council on the results of the examination, and accompany it with a legislative proposal, if appropriate.





Amendment 85


Proposal for a regulation


Article 17








Text proposed by the Commission




Amendment





The Commission shall be empowered to adopt delegated acts in accordance with Article 
19
 with a view:


The Commission shall be empowered to adopt delegated acts in accordance with Article 
18
 with a view 
to updating
:










—




to update
 Article 2(1) and Article 5(1) and (2) as appropriate in 
order to take account of the
 changes to the vehicle categories stemming from amendments to the legislation referred to in Article 
3(1),
















(a)






the designation of vehicle categories in
 Article 2(1) and Article 5(1) and (2) as appropriate in 
the event of
 changes to the vehicle categories stemming from amendments to the 
type approval
 legislation referred to in Article 
2(1), without affecting the scope or the frequency of testing;
















—




to update the Annexes in the light of technical progress or in order to take account of the modification in international or Union legislation.








 




 










(b)






point 3 of Annex II in respect of methods and reasons for failure, and Annex V, in the event of the availability of more efficient and effective test methods, and Annex I, should additional information be required in order to carry out roadworthiness tests;










 










(c)






point 3 of Annex II in respect of the list of test items, methods, reasons for failure, Annex III in respect of the assessment of deficiencies, and Annex V, in order to adapt them to developments in Union safety or environmental legislation, and Annex I, should additional information be required in order to carry out roadworthiness tests.











Amendment 86


Proposal for a regulation


Article 18 — paragraph 2








Text proposed by the Commission




Amendment





2.   The 
delegation of
 power referred to in Article 17 shall be conferred 
for an indeterminate
 period of 
time
 from [the date of entry into force of this Regulation].


2.   The power 
to adopt delegated acts
 referred to in Article 17 shall be conferred 
on the Commission for a
 period of 
five years
 from [the date of entry into force of this Regulation]. 
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.







Amendment 87


Proposal for a regulation


Article 18 a (new)








Text proposed by the Commission




Amendment





 




Article 18a






 




Reporting on two- or three-wheel vehicles






 




No later than [three years from the date of publication of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the inclusion of two- or three-wheel vehicles in the scope of this Regulation. The report shall assess the road safety situation in the Union for that category of vehicles. In particular, the Commission shall compare road safety results for that category of vehicles in Member States which carry out roadworthiness testing of that category of vehicles with those in Member States which do not test that category of vehicles, in order to assess whether roadworthiness testing of two- or three-wheel vehicles is proportionate to the road safety objectives set. The report shall be accompanied, if appropriate, by legislative proposals.







Amendment 110


Proposal for a regulation


Article 18 b (new)








Text proposed by the Commission




Amendment





 




Article 18b






 




Reporting






 




No later than [five years from the date of publication of this Regulation], the Commission shall submit a report to the European Parliament and the Council on the implementation and the effects of this Regulation, in particular as regards the frequency of testing, the level of harmonisation of periodic roadworthiness tests and the effectiveness of the provisions on the mutual recognition of roadworthiness certificates in cases of registration of vehicles originating from another Member State. The report shall also analyse whether there is a sufficient level of harmonisation to allow for full mutual recognition of roadworthiness certificates throughout the Union and whether there is a need for higher European standards in order to achieve that goal. The report shall be accompanied, if appropriate, by legislative proposals.







Amendment 88


Proposal for a regulation


Article 19 — paragraph 2








Text proposed by the Commission




Amendment





2.   Each Member State shall take the necessary measures to ensure that 
the
 manipulation or tampering 
of
 an odometer is regarded as an offence and is punishable by effective, proportionate, dissuasive and non-discriminatory penalties.


2.   Each Member State shall take the necessary measures to ensure that manipulation 
of,
 or tampering 
with, vehicle components and systems which have a bearing on compliance with safety and environmental requirements or
 an odometer is regarded as an offence and is punishable by effective, proportionate, dissuasive and non-discriminatory penalties
, and to ensure the accuracy of the odometer reading during the entire lifetime of a vehicle
.





Amendment 89


Proposal for a regulation


Annex I — part 5 — point 5.3 — indent 8 a (new)








Text proposed by the Commission




Amendment





 








—




Recommended tyre pressure











Amendment 90


Proposal for a regulation


Annex II — part 1 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 




Where it is not possible to test a vehicle using a recommended test method set out in this Annex, the test centre may conduct the test in accordance with an alternative method which has been approved in writing by the appropriate competent authority. The competent authority must be satisfied that safety and environmental standards will be maintained.







Amendment 91


Proposal for a regulation


Annex II — part 3 — item 1.8 — point a









Text proposed by the Commission











1.8


Brake fluid






Measuring of boiling temperature or water content








(a)


Brake fluid boiling temperature to low 
or water content to high


















Amendment by Parliament











1.8


Brake fluid






Measuring of boiling temperature or water content








(a)


Brake fluid boiling temperature to low









Amendment 92


Proposal for a regulation


Annex II — part 3 — item 3.3 — point a









Text proposed by the Commission











3.3.


Rear-view mirrors or devices






Visual inspection.








(a)


Mirror or device missing or not fitted according to the requirements(1).
















Amendment by Parliament











3.3.


Rear-view mirrors or devices






Visual inspection.








(a)


Mirror or device missing or not fitted according to the requirements(1)

including those outlined in Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community.











Amendment 93


Proposal for a regulation


Annex II — part 3 — item 4.1.2









Text proposed by the Commission











4.1.2.


Alignment






Determine the horizontal aim of each headlamp on dipped beam using a headlamp aiming device 
or a screen
.


Aim of a headlamp not within limits laid down in the requirements.












Amendment by Parliament











4.1.2.


Alignment






Determine the horizontal 
and vertical
 aim of each headlamp on dipped beam using a headlamp aiming device 
and an electronic control device in order to check the dynamic functionality where relevant
.


Aim of a headlamp not within limits laid down in the requirements.





Amendment 94


Proposal for a regulation


Annex II — part 3 — item 4.1.3









Text proposed by the Commission











4.1.3.


Switching






Visual inspection and by operation.








(a)


Switch does not operate in accordance with the requirements(1) (Number of headlamps illuminated at the same time)








 


 








(b)


Function of control device impaired.
















Amendment by Parliament











4.1.3.


Switching






Visual inspection and by operation
, and using where appropriate an electronic control device
.








(a)


Switch does not operate in accordance with the requirements(1) (Number of headlamps illuminated at the same time)








 


 








(b)


Function of control device impaired.









Amendment 95


Proposal for a regulation


Annex II — part 3 — item 4.1.5









Text proposed by the Commission











4.1.5.


Levelling devices (where mandatory)






Visual inspection and by operation 
if possible
.








(a)


Device not operating.








 


 








(b)


Manual device cannot be operated from driver’s seat.
















Amendment by Parliament











4.1.5.


Levelling devices (where mandatory)






Visual inspection and by operation
, and using where appropriate an electronic control device
.








(a)


Device not operating.








 


 








(b)


Manual device cannot be operated from driver’s seat.









Amendment 96


Proposal for a regulation


Annex II — part 3 — item 4.3.2









Text proposed by the Commission











4.3.2.


Switching






Visual inspection and by operation








(a)


Switch does not operate in accordance with the requirements








 


 








(b)


Function of control device impaired.
















Amendment by Parliament











4.3.2




Stop lamps — emergency brake light
 switching






Visual inspection and by operation
, using an electronic control device to vary the brake pedal sensor input value and verify by observation the emergency brake light functionality.










(a)


Switch does not operate in accordance with the requirements








 


 








(b)


Function of control device impaired.








 


 










(ba)






Emergency brake light functions fail to operate, or do not operate correctly.











Amendment 97


Proposal for a regulation


Annex II — part 3 — item 4.5.2









Text proposed by the Commission











4.5.2


Alignment (X)(2)







by operation and using a headlamp aiming device


Front fog lamp out of horizontal alignment when the light pattern has cut-off line












Amendment by Parliament











4.5.2


Alignment (X)(2)







by operation and using a headlamp aiming device


Front fog lamp out of horizontal 
and vertical
 alignment when the light pattern has cut-off line





Amendment 98


Proposal for a regulation


Annex II — part 3 — item 5.2.2. — point d a (new)









Text proposed by the Commission











5.2.2.


Wheels






Visual inspection of both sides of each wheel with vehicle over a pit or on a hoist.








(a)


Any fracture or welding defect








 


 


(…)












Amendment by Parliament











5.2.2.


Wheels






Visual inspection of both sides of each wheel with vehicle over a pit or on a hoist.








(a)


Any fracture or welding defect








 


 


(…)




 


 










(da)






Wheel not compatible with wheel hub











Amendment 99


Proposal for a regulation


Annex II — part 3 — item 5.2.3. — column 2








Text proposed by the Commission











5.2.3.


Tyres






Visual inspection of the entire tyre by either rotating the road wheel with it off the ground and the vehicle over a pit or on a hoist, or by rolling the vehicle backwards and forwards over a pit.











Amendment by Parliament











5.2.3.


Tyres






Visual inspection of the entire tyre by either rotating the road wheel with it off the ground and the vehicle over a pit or on a hoist, or by rolling the vehicle backwards and forwards over a pit.




 




Use a pressure gauge to measure tyre pressure and compare it with the values given by the manufacturer.







Amendment 100


Proposal for a regulation


Annex II — part 3 — item 8.2.1.2









Text proposed by the Commission











8.2.1.2


Gaseous emissions






Measurement using an exhaust gas analyser in accordance with the requirements(1). 
Alternatively, for vehicles equipped with suitable on-board diagnostic systems, the proper functioning of the emission system can be checked by appropriate reading of the OBD device and checks on the proper functioning of the OBD system in place of emission measurements at engine idle in accordance with the manufacturer’s conditioning recommendations and other requirements(1).










(a)


Either, gaseous emissions exceed the specific levels given by the manufacturer;








 


 








(b)


Or, if this information is not available, the CO emissions exceed,








 


 








 








i)


for vehicles not controlled by an advanced emission control system,












 


 








 








 








—


4,5 %, or
















 


 








 








 








—


3,5 %
















 


 








 








 


according to the date of first registration or use specified in requirements(1).












 


 








 








ii)


for vehicles controlled by an advanced emission control system,












 


 








 








 








—


at engine idle: 0,5 %
















 


 








 








 








—


at high idle: 0,3 %
















 


 








 








 


or












 


 








 








 








—


at engine idle: 0,3 %6

















 


 








 








 








—


at high idle: 0,2 %
















 


 








 








 


according to the date of first registration or use specified in requirements(1).












 


 








(c)


Lambda outside the range 1± 0,03 or not in accordance with the manufacturer’s specification








 


 








(d)


OBD readout indicating significant malfunction
















Amendment by Parliament











8.2.1.2


Gaseous emissions






Measurement using an exhaust gas analyser in accordance with the requirements(1). 
The tailpipe testing shall always be the default method of exhaust emission assessment, even if combined with OBD.










(a)


Either, gaseous emissions exceed the specific levels given by the manufacturer;








 




For vehicles equipped with OBD in accordance with requirements (1), reading of OBD information and checks (readiness) on the proper functioning of the OBD system at engine idle in accordance with the manufacturer's recommendations and other requirements(1).




 




 




Measurement of NOx levels by means of a suitable equipment/suitably equipped gas analyser, using existing tailpipe test methods.










(b)


Or, if this information is not available, the CO emissions exceed,








 


 








 








i)


for vehicles not controlled by an advanced emission control system,












 


 








 








 








—


4,5 %, or
















 


 








 








 








—


3,5 %
















 


 








 








 


according to the date of first registration or use specified in requirements(1).












 


 








 








ii)


for vehicles controlled by an advanced emission control system,












 


 








 








 








—


at engine idle: 0,5 %
















 


 








 








 








—


at high idle: 0,3 %
















 


 








 








 


or












 


 








 








 








—


at engine idle: 0,3 %6

















 


 








 








 








—


at high idle: 0,2 %
















 


 








 








 




or














 


 








 








 








—




at engine idle: 0,2 %

 (2)

















 


 








 








 








—




at high idle: 0,1 %

 (2)

















 


 








 








 


according to the date of first registration or use specified in requirements(1).












 


 








(c)


Lambda outside the range 1± 0,03 or not in accordance with the manufacturer’s specification








 


 








(d)


OBD readout indicating significant malfunction 
at engine idle speed.










 


 




NOx level not in accordance with the requirements or in excess of the specific levels given by the manufacturer.







Amendment 101


Proposal for a regulation


Annex II — part 3 — item 8.2.2.2









Text proposed by the Commission











8.2.2.2


Opacity






 


 




Vehicles registered or put into service before 1 January 1980 are exempted from this requirement








(a)


Exhaust gas opacity to be measured during free acceleration (no load from idle up to cut-off speed) with gear lever in neutral and clutch engaged.












(a)


For vehicles registered or put into service for the first time after the date specified in requirements(1),








 








(b)


Vehicle preconditioning:












 


opacity exceeds the level recorded on the manufacturer’s plate on the vehicle;








 








 








1.


Vehicles may be tested without preconditioning although for safety reasons checks should be made that the engine is warm and in a satisfactory mechanical condition.
















(b)


Where this information is not available or requirements(1) do not allow the use of reference values,








 








 








2.


precondition requirements:
















 


for naturally aspirated engines: 2,5 m-1,








 








 








 








(i)


Engine shall be fully warm, for instance the engine oil temperature measured by a probe in the oil level dipstick tube to be at least 80 oC, or normal operating temperature if lower, or the engine block temperature measured by the level of infrared radiation to be at least an equivalent temperature. If, owing to vehicle configuration, this measurement is impractical, the establishment of the engine's normal operating temperature may be made by other means, for example by the operation of the engine cooling fan.




















 


for turbo-charged engines: 3,0 m-1,








 








 








 








(ii)


Exhaust system shall be purged by at least three free acceleration cycles or by an equivalent method.




















 


or, for vehicles identified in requirements(1). or first registered or put into service for the first time after the date specified in requirements(1).,








 








(c)


Test procedure:












 


1,5 m-1 7.








 








 








1.


Engine and any turbocharger fitted, to be at idle before the start of each free acceleration cycle. For heavy-duty diesels, this means waiting for at least 10 seconds after the release of the throttle.










 




 








 








2.


To initiate each free acceleration cycle, the throttle pedal must be fully depressed quickly and continuously (in less than one second) but not violently, so as to obtain maximum delivery from the injection pump.










 




 








 








3.


During each free acceleration cycle, the engine shall reach cut-off speed or, for vehicles with automatic transmissions, the speed specified by the manufacturer or if this data is not available then two thirds of the cut-off speed, before the throttle is released. This could be checked, for instance, by monitoring engine speed or by allowing a sufficient time to elapse between initial throttle depression and release, which in the case of vehicles of category 1 and 2 of Annex 1, should be at least two seconds.










 




 








 








4.


Vehicles shall only be failed if the arithmetic means of at least the last three free acceleration cycles are in excess of the limit value. This may be calculated by ignoring any measurement that departs significantly from the measured mean
, or the result of any other statistical calculation that takes account of the scattering of the measurements
. Member States may limit the number of test cycles.










 




 








 








5.


To avoid unnecessary testing, Member States may fail vehicles which have measured values significantly in excess of the limit values after less than three free acceleration cycles or after the purging cycles. Equally to avoid unnecessary testing, Member States may pass vehicles which have measured values significantly below the limits after less than three free acceleration cycles or after the purging cycles










 












Amendment by Parliament











8.2.2.2


Opacity






 


 




Vehicles registered or put into service before 1 January 1980 are exempted from this requirement








(a)


Exhaust gas opacity to be measured during free acceleration (no load from idle up to cut-off speed) with gear lever in neutral and clutch engaged. 
The tailpipe testing shall always be the default method of exhaust emission assessment, even if combined with OBD.














(a)


For vehicles registered or put into service for the first time after the date specified in requirements(1),








 








 




For vehicles equipped with OBD in accordance with requirements (1), reading of OBD information and checks (readiness) on the proper functioning of the OBD system at engine idle in accordance with the manufacturer's recommendations and other requirements(1).








 




 








(b)


Vehicle preconditioning:












 


opacity exceeds the level recorded on the manufacturer’s plate on the vehicle;








 








 








1.


Vehicles may be tested without preconditioning although for safety reasons checks should be made that the engine is warm and in a satisfactory mechanical condition.
















(b)


Where this information is not available or requirements(1) do not allow the use of reference values,








 








 








2.


precondition requirements:
















 


for naturally aspirated engines: 2,5 m-1,








 








 








 








(i)


Engine shall be fully warm, for instance the engine oil temperature measured by a probe in the oil level dipstick tube to be at least 80 oC, or normal operating temperature if lower, or the engine block temperature measured by the level of infrared radiation to be at least an equivalent temperature. If, owing to vehicle configuration, this measurement is impractical, the establishment of the engine's normal operating temperature may be made by other means, for example by the operation of the engine cooling fan.




















 


for turbo-charged engines: 3,0 m-1,








 








 








 








(ii)


Exhaust system shall be purged by at least three free acceleration cycles or by an equivalent method.




















 


or, for vehicles identified in requirements(1) or first registered or put into service for the first time after the date specified in requirements(1),








 








(c)


Test procedure:












 


1,5 m-1.7









 








 








1.


Engine and any turbocharger fitted, to be at idle before the start of each free acceleration cycle. For heavy-duty diesels, this means waiting for at least 10 seconds after the release of the throttle.
















 




or










 








 








2.


To initiate each free acceleration cycle, the throttle pedal must be fully depressed quickly and continuously (in less than one second) but not violently, so as to obtain maximum delivery from the injection pump.
















 




0,5 m-1


 (3)









 








 








3.


During each free acceleration cycle, the engine shall reach cut-off speed or, for vehicles with automatic transmissions, the speed specified by the manufacturer or if this data is not available then two thirds of the cut-off speed, before the throttle is released. This could be checked, for instance, by monitoring engine speed or by allowing a sufficient time to elapse between initial throttle depression and release, which in the case of vehicles of category 1 and 2 of Annex 1, should be at least two seconds.










 




 








 








4.


Vehicles shall only be failed if the arithmetic means of at least the last three free acceleration cycles are in excess of the limit value. This may be calculated by ignoring any measurement that departs significantly from the measured mean. Member States may limit the number of test cycles.










 




 








 








5.


To avoid unnecessary testing, Member States may fail vehicles which have measured values significantly in excess of the limit values after less than three free acceleration cycles or after the purging cycles. Equally to avoid unnecessary testing, Member States may pass vehicles which have measured values significantly below the limits after less than three free acceleration cycles or after the purging cycles










 




 








 




Measurement of NOx levels and particulates by means of suitable equipment/a suitably equipped gas analyser, using existing free acceleration test methods.














 




NOx level or particulate values not in accordance with the requirements or in excess of the specific levels given by the manufacturer.











Amendment 102


Proposal for a regulation


Annex III — item 1.8 — point a








Text proposed by the Commission











1.8


Brake fluid












(a)


Brake fluid boiling temperature too low 
or water content too high

















Amendment by Parliament











1.8


Brake fluid












(a)


Brake fluid boiling temperature too low









Amendment 103


Proposal for a regulation


Annex III — item 5.2.2 — point d a (new)











Text proposed by the Commission





 


 


Minor


Major


Dangerous










5.2.2.


Wheels












(a)


Any fracture or welding defect.






 


 


x




 


(…)


 














Amendment by Parliament





 


 


Minor


Major


Dangerous










5.2.2.


Wheels












(a)


Any fracture or welding defect.






 


 


x




 


(…)


 




 










(da)






Wheel not compatible with wheel hub.








 




x




 





Amendment 104


Proposal for a regulation


Annex III — item 5.2.3











Text proposed by the Commission





 


 


Minor


Major


Dangerous










5.2.3.


Tyres












(a)


Tyre size, load capacity, approval mark or speed rating not in accordance with the requirements(1) and effecting road safety






 


x


 




 








 


Insufficient load capacity or speed rating for actual use, tyre touches other fix vehicle parts impairing save driving






 


 


x




 








(b)


Tyres on same axle or on twin wheels of different sizes.






 


x


 




 








(c)


Tyres on same axle of different construction (radial/cross-ply).






 


x


 




 








(d)


Any serious damage or cut to tyre.






 


x


 




 








 


Cord visible or damaged






 


 


x




 








(e)


Tyre tread 
depth not in accordance with the requirements(1).








 


x


 




 








 




Less than 80 % of required
 tread depth






 


 


x




 








(f)


Tyre rubbing against other components (flexible anti spray devices).






x


 


 




 








 


Tyre rubbing against other components (save driving not impaired)






 


x


 




 








(g)


Re-grooved tyres not in accordance with requirements(1).






 


x


 




 








 


Cord protection layer affected






 


 


x




 








(h)




Air
 pressure monitoring system malfunctioning






x


 


 




 








 


obviously inoperative






 


x


 














Amendment by Parliament





 


 


Minor


Major


Dangerous










5.2.3.


Tyres












(a)


Tyre size, load capacity, approval mark or speed rating not in accordance with the requirements(1) and affecting road safety






 


x


 




 








 


Insufficient load capacity or speed rating for actual use, tyre touches other fix vehicle parts impairing save driving






 


 


x




 








(b)


Tyres on same axle or on twin wheels of different sizes.






 


x


 




 








(c)


Tyres on same axle of different construction (radial/cross-ply).






 


x


 




 








(d)


Any serious damage or cut to tyre.






 


x


 




 








 


Cord visible or damaged






 


 


x




 








(e)


Tyre tread 
wear indicator becomes visible
.






 


x


 




 








 




Tyre at legal
 tread depth. 
Tyres below legal tread depth.








 


 


x




 








(f)


Tyre rubbing against other components (flexible anti spray devices).






x


 


 




 








 


Tyre rubbing against other components (save driving not impaired)






 


x


 




 








(g)


Re-grooved tyres not in accordance with requirements(1).






 


x


 




 








 


Cord protection layer affected






 


 


x




 








(h)




Tyre
 pressure monitoring system malfunctioning 
or tyre obviously underinflated








x


 


 




 








 


obviously inoperative






 


x


 




 










(i)






In-service operating pressure in one of the vehicle tyres reduced by 20 %, but not below 150 kP








 




x




 




 








 




Tyre pressure below 150 kPa








 


 




x







Amendment 105


Proposal for a regulation


Annex III — item 8.2.1.2 — point b











Text proposed by the Commission





 


 


Minor


Major


Dangerous










8.2.1.2


Gaseous emissions












(b)


Or, if this information is not available, the CO emissions exceed,






 


x


 




 


(…)


 


 


 




 








ii)


for vehicles controlled by an advanced emission control system,






 


 


 




 








 








—


at engine idle: 0,5 %










 


 


 




 








 








—


at high idle: 0,3 %










 


 


 




 








 


or






 


 


 




 








 








—


at engine idle: 0,3 %










 


 


 




 








 








—


at high idle: 0,2 %










 


 


 




 








 


according to the date of first registration or use specified in requirements(1).






 


 


 














Amendment by Parliament





 


 


Minor


Major


Dangerous










8.2.1.2


Gaseous emissions












(b)


Or, if this information is not available, the CO emissions exceed,






 


x


 




 


(…)


 


 


 




 








ii)


for vehicles controlled by an advanced emission control system,






 


 


 




 








 








—


at engine idle: 0,5 %










 


 


 




 








 








—


at high idle: 0,3 %










 


 


 




 








 


or






 


 


 




 








 








—


at engine idle: 0,3 %










 


 


 




 








 








—


at high idle: 0,2 %










 


 


 




 








 




or








 


 


 




 








 








—




at engine idle: 0,2 %

 (4)











 


 


 




 








 








—




at high idle: 0,1 %

 (4)











 


 


 




 








 


according to the date of first registration or use specified in requirements(1).






 


 


 





Amendment 106


Proposal for a regulation


Annex III — item 8.2.2.2 — point b











Text proposed by the Commission





 


 


Minor


Major


Dangerous










8.2.2.2


Opacity






 


 


 


 




Vehicles registered or put into service before 1 January 1980 are exempted from this requirement


Where this information is not available or requirements(1) do not allow the use of reference values,


 


x


 




 


for naturally aspirated engines: 2,5 m-1,


 


 


 




 


for turbo-charged engines: 3,0 m-1,


 


 


 




 


or, for vehicles identified in requirements(1). or first registered or put into service for the first time after the date specified in requirements(1),


 


 


 




 


1,5 m-1.


 


 


 














Amendment by Parliament





 


 


Minor


Major


Dangerous










8.2.2.2


Opacity






 


 


 


 




Vehicles registered or put into service before 1 January 1980 are exempted from this requirement


Where this information is not available or requirements(1) do not allow the use of reference values,


 


x


 




 


for naturally aspirated engines: 2,5 m-1,


 


 


 




 


for turbo-charged engines: 3,0 m-1,


 


 


 




 


or, for vehicles identified in requirements(1) or first registered or put into service for the first time after the date specified in requirements(1),


 


 


 




 


1,5 m-1.


 


 


 




 




or




 


 


 




 




0,5 m-1

 (5)



 


 


 





Amendment 107


Proposal for a regulation


Annex IV — point 6 a (new)








Text proposed by the Commission




Amendment





 










(6a)





Details of major repairs necessitated by an accident










Amendment 108


Proposal for a regulation


Annex V — part I — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




Alternative equipment implementing technological innovation in a neutral way may be used provided it ensures an equivalent high quality level of testing.







Amendment 109


Proposal for a regulation


Annex V — part 1 — paragraph 1 — point 15 a (new)








Text proposed by the Commission




Amendment





 










15a)





A pressure gauge to measure tyre pressure;











(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0210/2013).

(2)  
Type-approved according to limits of Table 1 of Annex I to Regulation (EC) No 715/2007 or first registered or put into service after 1 July 2007 (Euro 5).



(3)  
Type-approved according to limits of Table 1 of Annex I to Regulation (EC) No 715/2007 or first registered or put into service after 1 July 2007 (Euro 5).



(4)  
Type-approved according to limits of Table 1 of Annex I to Regulation (EC) No 715/2007 or first registered or put into service after 1 July 2007 (Euro 5).



(5)  
Type-approved according to limits of Table 1 of Annex I to Regulation (EC) No 715/2007 or first registered or put into service after 1 July 2007 (Euro 5).