Article 52 Recall of vehicles, systems, components or separate technical units
1. Where a manufacturer who has been granted an EU whole-vehicle type-approval is obliged, in accordance with Regulation (EC) No 765/2008, to recall vehicles placed on the market, registered or for which the manufacturer was responsible for the entry into service, because a system, component or separate technical unit fitted to the vehicle presents a serious risk to safety, public health or environmental protection, whether or not duly approved in accordance with this Regulation, or because a part not subject to any specific requirements under type-approval legislation presents a serious risk to safety, public health or environmental protection, that manufacturer shall immediately inform the approval authority that granted the vehicle approval. 2. Where a manufacturer of systems, components or separate technical units, who has been granted an EU type-approval is obliged, in accordance with Regulation (EC) No 765/2008, to recall systems, components or separate technical units which have been placed on the market or for which the manufacturer was responsible for the entry into service because they present a serious risk to safety, occupational safety, public health or environmental protection, whether or not duly approved in accordance with this Regulation, the manufacturer shall immediately inform the approval authority that granted the approval. 3. The manufacturer shall propose to the approval authority a set of appropriate remedies to neutralise the serious risk referred to in paragraphs 1 and 2. The approval authority shall communicate the proposed remedies to the approval authorities of the other Member States without delay. The approval authorities shall ensure that the remedies are effectively implemented in their respective Member States. 4. If the remedies are considered to be insufficient or not implemented quickly enough by the approval authority concerned, it shall inform the approval authority that granted the EU type-approval without delay. The approval authority that granted the EU type-approval shall then inform the manufacturer. If the manufacturer does not propose and implement effective corrective measures, the approval authority which granted the EU type-approval shall take all protective measures required, including the withdrawal of the EU type-approval. In the case of withdrawal of the EU type-approval, the approval authority shall within one month of such withdrawal notify the manufacturer, the approval authorities of the other Member States and the Commission by registered letter or equivalent electronic means.
Article 53 Notification of decisions and remedies available
1. All decisions taken pursuant to this Regulation and all decisions refusing or withdrawing EU type-approval, refusing registration, prohibiting or restricting the placing on the market, registration or entry into service of a vehicle or requiring withdrawal of a vehicle from the market shall state in detail the reasons on which they are based. 2. Any such decision shall be notified to the party concerned, who shall, at the same time, be informed of the remedies available to it under the laws in force in the Member State concerned and of the time limits allowed for the exercise of such remedies.
Article 54 UNECE regulations required for EU type-approval
1. UNECE regulations or amendments thereto which the Union has voted in favour of or to which the Union has acceded and which are listed in this Regulation or in the delegated acts adopted pursuant to this Regulation shall be part of the requirements for the EU type-approval of a vehicle. 2. The approval authorities of the Member States shall accept approvals granted in accordance with the UNECE regulations referred to in paragraph 1 and, where applicable, the relevant approval marks, in place of the corresponding approvals and approval marks granted in accordance with this Regulation and the delegated acts adopted pursuant to this Regulation. 3. Where the Union has voted in favour of a UNECE regulation or amendments thereto for the purpose of EU vehicle type-approval, the Commission shall adopt a delegated act in accordance with Article 75 in order to make the UNECE regulation or amendments thereto compulsory and to amend this Regulation or to amend the delegated acts adopted pursuant to this Regulation, as appropriate. That delegated act shall specify the dates of compulsory application of the UNECE regulation or amendments thereto and shall include transitional provisions where appropriate. The Commission shall adopt separate delegated acts indicating the mandatory application of UNECE regulations.
Article 55 Information intended for users
1. The manufacturer may not supply any technical information related to the particulars provided for in this Regulation, or in the delegated or implementing acts adopted pursuant to this Regulation, which diverges from the particulars approved by the approval authority. 2. Where a delegated or implementing act adopted pursuant to this Regulation so provides, the manufacturer shall make available to users all relevant information and necessary instructions describing any special conditions or restrictions linked to the use of a vehicle, a system, a component or a separate technical unit. 3. The information referred to in paragraph 2 shall be supplied in the official language or languages of the Member State where the vehicle is to be placed on the market, registered or is to be entered into service. It shall be provided, after acceptance by the approval authority, in the owner’s manual.
Article 56 Information intended for manufacturers of components or separate technical units
1. The vehicle manufacturer shall make available to the manufacturers of components or separate technical units all particulars which are necessary for EU type-approval of components or separate technical units or to obtain an authorisation under Article 50, including, where applicable, drawings referred to in the delegated and implementing acts adopted pursuant to this Regulation. The vehicle manufacturer may impose a binding agreement on the manufacturers of components or separate technical units to protect the confidentiality of any information which is not in the public domain, including information related to intellectual property rights. 2. The manufacturer of components or separate technical units, in its capacity as the holder of an EU type-approval certificate which, in accordance with Article 31(4), includes restrictions on use or special mounting conditions or both, shall provide all the detailed information thereon to the vehicle manufacturer. Where a delegated act adopted pursuant to this Regulation so provides, the manufacturer of components or separate technical units shall provide, together with the components or separate technical units produced, instructions regarding restrictions on use or special mounting conditions or both.
Article 57 Manufacturers’ obligations
1. Manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers. This obligation shall not apply if a vehicle has been approved as a small series vehicle. 2. Until the Commission has adopted a common standard, the information referred to in paragraph 1 shall be submitted in a consistent manner that can be processed by independent operators with reasonable effort. Manufacturers shall also make training material available to independent operators and authorised dealers and repairers. 3. The information referred to in paragraph 1 shall include as a minimum all of the following: (a) an unequivocal vehicle identification number; (b) service handbooks including repair and maintenance records and service schedules; (c) technical manuals and technical service bulletins; (d) component and diagnosis information (such as minimum and maximum theoretical values for measurements); (e) wiring diagrams; (f) diagnostic trouble codes, including manufacturer-specific codes; (g) the software identification and calibration verification numbers applicable to a vehicle type; (h) information concerning, and delivered by means of, proprietary tools and equipment; (i) data record information and two-directional monitoring and test data; (j) work units. 4. Authorised dealers or repairers within the distribution system of a given vehicle manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer’s distribution system. 5. The vehicle repair and maintenance information shall always be available, except as required for maintenance purposes of the information system. 6. For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer or repairer of component, diagnostic tool or test equipment. 7. For the purposes of design and manufacture of automotive equipment for alternative-fuel vehicles, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for alternative-fuel vehicles. 8. When applying for EU type-approval, the manufacturer shall provide the approval authority with proof of compliance with this Regulation relating to the information required under this Article. In the event that such information is not available, or does not conform to this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, when applying for EU type-approval, the manufacturer shall provide it within six months from the date of type-approval. The Commission may adopt implementing acts in order to lay down a template of a certificate on access to vehicle OBD and vehicle repair and maintenance information providing such proof of compliance to the approval authority. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(2). 9. If such proof of compliance is not provided within the period referred to in the second subparagraph of paragraph 8, the approval authority shall take appropriate measures to ensure compliance. 10. The manufacturer shall make subsequent amendments and supplements to vehicle repair and maintenance information available on its websites at the same time they are made available to authorised repairers. 11. Where repair and maintenance records of a vehicle are kept in a central database of the vehicle manufacturer or on its behalf, independent repairers shall have access to such records free of charge and shall be able to enter information on repair and maintenance which they have performed. 12. The Commission shall be empowered to adopt delegated acts in accordance with Article 75 laying down the details of the requirements with regard to access to repair and maintenance information, in particular technical specifications relating to the way in which vehicle repair and maintenance information shall be provided.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The COVID-19 pandemic is causing major disruption which is impacting the motorcycle industry in the form of multiple shocks with on the one hand immediate disruption of production sites and of international value chains and on the other hand a sizeable drop in demand and increase of vehicles in stock. This has affected manufacturers’ ability to meet some of the deadlines imposed by Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013. According to that Regulation, the pollutant emissions Euro 5 step will apply on 1 January 2021, which means that as of that date only vehicles meeting the Euro 5 requirements can be placed on the Union market. However, due to the COVID-19 outbreak, motorcycles sales have been highly impacted. Usually, up to 60% of sales take place between March and July. Because of Member States authorities’ lockdowns, sales could not take place during the peak season. According to industry sources, it is estimated that around 553.700 Euro 4 vehicles were in stock in March 2020. During the lockdowns, sales went down by 98% and remained sluggish since then. It is therefore likely that not all Euro 4 vehicles currently in stock will be sold by the end of the year. If Regulation (EU) 168/2013 provides for the possibility for manufacturers to sell so-called end-of series vehicles (i.e. ‘old stock’ vehicles that do not meet the latest requirements), this is limited in each Member State to maximum 10% of the average number of vehicles sold the two preceding years or 100 vehicles. The number of vehicles that can be registered as end-of-series is at the discretion of the Member States. In the light of this disruption and given the number of vehicles in stock and the almost complete stop of sales at the peak of the 2020 season, the existing provisions on end-of-series do not constitute an appropriate mechanism to address this situation. The end-of-series provisions should therefore be adapted to allow dealers to sell higher amounts of their stock of Euro 4 vehicles in 2021 only. This proposal will not increase pollutant emissions as the flexibility will be limited to already produced vehicles at the time of the lockdown. In addition, it also avoids the need to unnecessarily scrap vehicles that would have been otherwise placed on the market in absence of the crisis. This proposal will not postpone the entry into force of the Euro 5 step for all newly produced vehicles on 1 January 2021.
Revised version (Article 57 Manufacturers’ obligations):
1. Manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner. In particular, this access shall be granted in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers. This obligation shall not apply if a vehicle has been approved as a small series vehicle. 2. Until the Commission has adopted a common standard, the information referred to in paragraph 1 shall be submitted in a consistent manner that can be processed by independent operators with reasonable effort. Manufacturers shall also make training material available to independent operators and authorised dealers and repairers. 4. Authorised dealers or repairers within the distribution system of a given vehicle manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer’s distribution system. 5. The vehicle repair and maintenance information shall always be available, except as required for maintenance purposes of the information system. 6. For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer or repairer of component, diagnostic tool or test equipment. 7. For the purposes of design and manufacture of automotive equipment for alternative-fuel vehicles, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for alternative-fuel vehicles. 8. When applying for EU type-approval, the manufacturer shall provide the approval authority with proof of compliance with this Regulation relating to the information required under this Article. In the event that such information is not available, or does not conform to this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, when applying for EU type-approval, the manufacturer shall provide it within six months from the date of type-approval. The Commission may adopt implementing acts in order to lay down a template of a certificate on access to vehicle OBD and vehicle repair and maintenance information providing such proof of compliance to the approval authority. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(2). 9. If such proof of compliance is not provided within the period referred to in the second subparagraph of paragraph 8, the approval authority shall take appropriate measures to ensure compliance. 10. The manufacturer shall make subsequent amendments and supplements to vehicle repair and maintenance information available on its websites at the same time they are made available to authorised repairers. 11. Where repair and maintenance records of a vehicle are kept in a central database of the vehicle manufacturer or on its behalf, independent repairers shall have access to such records free of charge and shall be able to enter information on repair and maintenance which they have performed. 12. The Commission shall be empowered to adopt delegated acts in accordance with Article 75 laying down the details of the requirements with regard to access to repair and maintenance information, in particular technical specifications relating to the way in which vehicle repair and maintenance information shall be provided.
Article 58 Obligations with regard to several type-approval holders
1. In the event of step-by-step type-approval or of multi-stage type-approval, the manufacturer responsible for the respective type-approval shall also be responsible for communicating repair information relating to the particular system, component or separate technical unit or to the particular stage to both the final manufacturer and independent operators. 2. The final manufacturer shall be responsible for providing information about the whole vehicle to independent operators.
Article 59 Fees for access to vehicle repair and maintenance information
1. Manufacturers may charge reasonable and proportionate fees for access to vehicle repair and maintenance information covered by this Regulation. A fee shall not be reasonable or proportionate if it discourages access by failing to take into account the extent to which the independent operator uses it. 2. Manufacturers shall make available vehicle repair and maintenance information on a daily, monthly, and yearly basis, with fees for access to such information varying in accordance with the respective periods of time for which access is granted.
Article 60 Forum on Access to Vehicle Information
The scope of application of the activities carried out by the Forum on Access to Vehicle Information established in accordance with Article 13(9) of Commission Regulation (EC) No 692/2008 of 18 July 2008 implementing and amending Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information ( 7 ) shall be extended to the vehicles covered by this Regulation. On the basis of evidence of deliberate or unintentional misuse of vehicle OBD and vehicle repair and maintenance information, the Forum referred to in the first paragraph shall advise the Commission on measures to prevent such misuse of information.
Article 61 Requirements relating to technical services
1. Designating approval authorities shall ensure that before they designate a technical service pursuant to Article 63, that technical service meets the requirements laid down in paragraphs 2 to 9 of this Article. 2. Without prejudice to Article 64(1), a technical service shall be established under the national law of a Member State and have legal personality. 3. A technical service shall be a third-party body independent of the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses. A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of vehicles, systems, components or separate technical units which it assesses, tests or inspects may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered as fulfilling the requirements of the first subparagraph. 4. A technical service, its top-level management and the personnel responsible for carrying out the categories of activities for which they are designated in accordance with Article 63(1) shall not be the designer, manufacturer, supplier, or maintainer of the vehicles, systems, components or separate technical units which they assess, nor represent parties engaged in those activities. This shall not preclude the use of assessed vehicles, systems, components or separate technical units referred to in paragraph 3 of this Article that are necessary for the operation of the technical service or the use of such vehicles, systems, components or separate technical units for personal purposes. A technical service shall ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of the categories of activities for which it has been designated. 5. A technical service and its personnel shall carry out the categories of activities for which it has been designated with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their assessment activities, especially such pressures or inducements emanating from persons or groups of persons with an interest in the results of those activities. 6. A technical service shall be capable of carrying out all the categories of activities for which it has been designated in accordance with Article 63(1), by demonstrating to the satisfaction of its designating approval authority, that it has: (a) personnel with appropriate skills, specific technical knowledge and vocational training as well as sufficient and appropriate experience to perform the task; (b) descriptions of the procedures relevant for the categories of activities for which it is seeking to be designated, ensuring the transparency and reproducibility of those procedures; (c) procedures for the performance of the categories of activities for which it is seeking to be designated which take due account of the degree of complexity of the technology of the vehicle, system, component or separate technical unit in question, and the mass or serial nature of the production process; and (d) means necessary to perform in an appropriate manner the tasks connected with the categories of activities for which it is seeking to be designated and that it has access to all necessary equipment or facilities. In addition, it shall demonstrate to the designating approval authority its compliance with the standards laid down in the delegated acts adopted pursuant to Article 65 which are relevant for the categories of activities for which it is designated. 7. The impartiality of the technical services, their top-level management and the assessment personnel shall be guaranteed. They shall not engage in any activity that may conflict with their independence of judgment or integrity in relation to the categories of activities for which they are designated. 8. Technical services shall take out liability insurance related to their activities unless liability is assumed by the Member State in accordance with national law, or the Member State itself is directly responsible for the conformity assessment. 9. The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation or any provision of national law giving effect to it, except in relation to the designating approval authority or where required by Union or national law. Proprietary rights shall be protected.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The COVID-19 pandemic is causing major disruption which is impacting the motorcycle industry in the form of multiple shocks with on the one hand immediate disruption of production sites and of international value chains and on the other hand a sizeable drop in demand and increase of vehicles in stock. This has affected manufacturers’ ability to meet some of the deadlines imposed by Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013. According to that Regulation, the pollutant emissions Euro 5 step will apply on 1 January 2021, which means that as of that date only vehicles meeting the Euro 5 requirements can be placed on the Union market. However, due to the COVID-19 outbreak, motorcycles sales have been highly impacted. Usually, up to 60% of sales take place between March and July. Because of Member States authorities’ lockdowns, sales could not take place during the peak season. According to industry sources, it is estimated that around 553.700 Euro 4 vehicles were in stock in March 2020. During the lockdowns, sales went down by 98% and remained sluggish since then. It is therefore likely that not all Euro 4 vehicles currently in stock will be sold by the end of the year. If Regulation (EU) 168/2013 provides for the possibility for manufacturers to sell so-called end-of series vehicles (i.e. ‘old stock’ vehicles that do not meet the latest requirements), this is limited in each Member State to maximum 10% of the average number of vehicles sold the two preceding years or 100 vehicles. The number of vehicles that can be registered as end-of-series is at the discretion of the Member States. In the light of this disruption and given the number of vehicles in stock and the almost complete stop of sales at the peak of the 2020 season, the existing provisions on end-of-series do not constitute an appropriate mechanism to address this situation. The end-of-series provisions should therefore be adapted to allow dealers to sell higher amounts of their stock of Euro 4 vehicles in 2021 only. This proposal will not increase pollutant emissions as the flexibility will be limited to already produced vehicles at the time of the lockdown. In addition, it also avoids the need to unnecessarily scrap vehicles that would have been otherwise placed on the market in absence of the crisis. This proposal will not postpone the entry into force of the Euro 5 step for all newly produced vehicles on 1 January 2021.
Revised version (Article 61 Requirements relating to technical services):
1. Designating approval authorities shall ensure that before they designate a technical service pursuant to Article 63, that technical service meets the requirements laid down in paragraphs 2 to 9 of this Article. 2. Without prejudice to Article 64(1), a technical service shall be established under the national law of a Member State and have legal personality. 3. A technical service shall be a third-party body independent of the process of design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit it assesses. A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of vehicles, systems, components or separate technical units which it assesses, tests or inspects may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered as fulfilling the requirements of the first subparagraph. 4. A technical service, its top-level management and the personnel responsible for carrying out the categories of activities for which they are designated in accordance with Article 63(1) shall not be the designer, manufacturer, supplier, or maintainer of the vehicles, systems, components or separate technical units which they assess, nor represent parties engaged in those activities. This shall not preclude the use of assessed vehicles, systems, components or separate technical units referred to in paragraph 3 of this Article that are necessary for the operation of the technical service or the use of such vehicles, systems, components or separate technical units for personal purposes. A technical service shall ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of the categories of activities for which it has been designated. 5. A technical service and its personnel shall carry out the categories of activities for which it has been designated with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their assessment activities, especially such pressures or inducements emanating from persons or groups of persons with an interest in the results of those activities. In addition, it shall demonstrate to the designating approval authority its compliance with the standards laid down in the delegated acts adopted pursuant to Article 65 which are relevant for the categories of activities for which it is designated. 7. The impartiality of the technical services, their top-level management and the assessment personnel shall be guaranteed. They shall not engage in any activity that may conflict with their independence of judgment or integrity in relation to the categories of activities for which they are designated. 8. Technical services shall take out liability insurance related to their activities unless liability is assumed by the Member State in accordance with national law, or the Member State itself is directly responsible for the conformity assessment. 9. The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation or any provision of national law giving effect to it, except in relation to the designating approval authority or where required by Union or national law. Proprietary rights shall be protected.
Article 62 Subsidiaries of and subcontracting by technical services
1. Technical services may subcontract some of their activities for which they have been designated in accordance with Article 63(1) or have those activities carried out by a subsidiary only with the agreement of their designating approval authority. 2. Where a technical service subcontracts specific tasks connected with the categories of activities for which it has been designated or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meet the requirements set out in Article 61 and shall inform the designating approval authority accordingly. 3. Technical services shall take full responsibility for the tasks performed by any of their subcontractors or subsidiaries, wherever these are established. 4. Technical services shall keep at the disposal of the designating approval authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them.
Article 63 Designation of technical services
1. Technical services shall be designated for one or more of the following categories of activities, depending on their field of competence: (a) category A: technical services which carry out in their own facilities the tests referred to in this Regulation and in the acts listed in Annex II; (b) category B: technical services which supervise the tests referred to in this Regulation and in the acts listed in Annex II, where such tests are performed in the manufacturer’s facilities or in the facilities of a third party; (c) category C: technical services which assess and monitor on a regular basis the manufacturer’s procedures for controlling conformity of production; (d) category D: technical services which supervise or perform tests or inspections for the surveillance of conformity of production. 2. An approval authority may be designated as a technical service for one or more of the activities referred to in paragraph 1. 3. Technical services of a third country, other than those designated in accordance with Article 64, may be notified for the purposes of Article 67, but only if such an acceptance of technical services is provided for by a bilateral agreement between the Union and the third country concerned. This shall not prevent a technical service established under the national law of a Member State in accordance with Article 61(2) from establishing subsidiaries in third countries, provided that the subsidiaries are directly managed and controlled by the designated technical service.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The COVID-19 pandemic is causing major disruption which is impacting the motorcycle industry in the form of multiple shocks with on the one hand immediate disruption of production sites and of international value chains and on the other hand a sizeable drop in demand and increase of vehicles in stock. This has affected manufacturers’ ability to meet some of the deadlines imposed by Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013. According to that Regulation, the pollutant emissions Euro 5 step will apply on 1 January 2021, which means that as of that date only vehicles meeting the Euro 5 requirements can be placed on the Union market. However, due to the COVID-19 outbreak, motorcycles sales have been highly impacted. Usually, up to 60% of sales take place between March and July. Because of Member States authorities’ lockdowns, sales could not take place during the peak season. According to industry sources, it is estimated that around 553.700 Euro 4 vehicles were in stock in March 2020. During the lockdowns, sales went down by 98% and remained sluggish since then. It is therefore likely that not all Euro 4 vehicles currently in stock will be sold by the end of the year. If Regulation (EU) 168/2013 provides for the possibility for manufacturers to sell so-called end-of series vehicles (i.e. ‘old stock’ vehicles that do not meet the latest requirements), this is limited in each Member State to maximum 10% of the average number of vehicles sold the two preceding years or 100 vehicles. The number of vehicles that can be registered as end-of-series is at the discretion of the Member States. In the light of this disruption and given the number of vehicles in stock and the almost complete stop of sales at the peak of the 2020 season, the existing provisions on end-of-series do not constitute an appropriate mechanism to address this situation. The end-of-series provisions should therefore be adapted to allow dealers to sell higher amounts of their stock of Euro 4 vehicles in 2021 only. This proposal will not increase pollutant emissions as the flexibility will be limited to already produced vehicles at the time of the lockdown. In addition, it also avoids the need to unnecessarily scrap vehicles that would have been otherwise placed on the market in absence of the crisis. This proposal will not postpone the entry into force of the Euro 5 step for all newly produced vehicles on 1 January 2021.
Revised version (Article 63 Designation of technical services):
2. An approval authority may be designated as a technical service for one or more of the activities referred to in paragraph 1. 3. Technical services of a third country, other than those designated in accordance with Article 64, may be notified for the purposes of Article 67, but only if such an acceptance of technical services is provided for by a bilateral agreement between the Union and the third country concerned. This shall not prevent a technical service established under the national law of a Member State in accordance with Article 61(2) from establishing subsidiaries in third countries, provided that the subsidiaries are directly managed and controlled by the designated technical service.
Article 64 Accredited in-house technical services of the manufacturer
1. An accredited in-house technical service of a manufacturer may be designated only for category A activities with regard to technical requirements for which self-testing is allowed by a delegated act adopted pursuant to this Regulation. That technical service shall constitute a separate and distinct part of the undertaking and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units it assesses. 2. An accredited in-house technical service shall meet the following requirements: (a) in addition to being designated by the approval authority of a Member State it shall be accredited by a national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008 and in accordance with the standards and procedure referred to in Article 65 of this Regulation; (b) the accredited in-house technical service and its personnel shall be organisationally identifiable and have reporting methods within the undertaking of which they form part which ensure their impartiality and demonstrate it to the relevant national accreditation body; (c) neither the accredited in-house technical service nor its personnel shall engage in any activity that might conflict with their independence of judgment or integrity in relation to the categories of activities for which they have been designated; (d) the accredited in-house technical service shall supply its services exclusively to the undertaking of which it forms part. 3. An accredited in-house technical service need not be notified to the Commission for the purposes of Article 67, but information concerning its accreditation shall be given by the undertaking of which it forms part or by the national accreditation body to the designating approval authority at the request of that authority.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The COVID-19 pandemic is causing major disruption which is impacting the motorcycle industry in the form of multiple shocks with on the one hand immediate disruption of production sites and of international value chains and on the other hand a sizeable drop in demand and increase of vehicles in stock. This has affected manufacturers’ ability to meet some of the deadlines imposed by Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013. According to that Regulation, the pollutant emissions Euro 5 step will apply on 1 January 2021, which means that as of that date only vehicles meeting the Euro 5 requirements can be placed on the Union market. However, due to the COVID-19 outbreak, motorcycles sales have been highly impacted. Usually, up to 60% of sales take place between March and July. Because of Member States authorities’ lockdowns, sales could not take place during the peak season. According to industry sources, it is estimated that around 553.700 Euro 4 vehicles were in stock in March 2020. During the lockdowns, sales went down by 98% and remained sluggish since then. It is therefore likely that not all Euro 4 vehicles currently in stock will be sold by the end of the year. If Regulation (EU) 168/2013 provides for the possibility for manufacturers to sell so-called end-of series vehicles (i.e. ‘old stock’ vehicles that do not meet the latest requirements), this is limited in each Member State to maximum 10% of the average number of vehicles sold the two preceding years or 100 vehicles. The number of vehicles that can be registered as end-of-series is at the discretion of the Member States. In the light of this disruption and given the number of vehicles in stock and the almost complete stop of sales at the peak of the 2020 season, the existing provisions on end-of-series do not constitute an appropriate mechanism to address this situation. The end-of-series provisions should therefore be adapted to allow dealers to sell higher amounts of their stock of Euro 4 vehicles in 2021 only. This proposal will not increase pollutant emissions as the flexibility will be limited to already produced vehicles at the time of the lockdown. In addition, it also avoids the need to unnecessarily scrap vehicles that would have been otherwise placed on the market in absence of the crisis. This proposal will not postpone the entry into force of the Euro 5 step for all newly produced vehicles on 1 January 2021.
Revised version (Article 64 Accredited in-house technical services of the manufacturer):
1. An accredited in-house technical service of a manufacturer may be designated only for category A activities with regard to technical requirements for which self-testing is allowed by a delegated act adopted pursuant to this Regulation. That technical service shall constitute a separate and distinct part of the undertaking and shall not be involved in the design, manufacturing, supply or maintenance of the vehicles, systems, components or separate technical units it assesses. 3. An accredited in-house technical service need not be notified to the Commission for the purposes of Article 67, but information concerning its accreditation shall be given by the undertaking of which it forms part or by the national accreditation body to the designating approval authority at the request of that authority.
Article 65 Procedures for performance standards and assessment of technical services
In order to ensure that technical services meet the same high level of performance standards in all Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 75 concerning the standards with which the technical services have to comply and the procedure for their assessment in accordance with Article 66 and their accreditation in accordance with Article 64.
Article 66 Assessment of the skills of technical services
1. The designating approval authority shall draw up an assessment report demonstrating that the candidate technical service has been assessed for its compliance with the requirements of this Regulation and the delegated acts adopted pursuant to this Regulation. That report may include a certificate of accreditation issued by an accreditation body. 2. The assessment on which the report referred to in paragraph 1 is based shall be conducted in accordance with the provisions laid down in a delegated act adopted pursuant to Article 65. The assessment report shall be reviewed at least every three years. 3. The assessment report shall be communicated to the Commission upon request. In such cases, and where the assessment is not based on an accreditation certificate issued by a national accreditation body attesting that the technical service fulfils the requirements of this Regulation, the designating approval authority shall provide the Commission with documentary evidence which attests the technical service’s competence and the arrangements in place to ensure that the technical service is monitored regularly by the designating approval authority and satisfies the requirements of this Regulation and the delegated acts adopted pursuant to this Regulation. The approval authority that intends to be designated as a technical service in accordance with Article 63(2) shall document compliance through an assessment conducted by auditors independent of the activity being assessed. Such auditors may be from the same organisation provided that they are managed separately from personnel undertaking the assessed activity. 4. An accredited in-house technical service shall comply with the relevant provisions of this Article.
Article 67 Procedures for notification
1. Member States shall notify to the Commission the name, the address including electronic address, the responsible persons and the category of activities with respect to each technical service they have designated, as well as any subsequent modifications to those designations. The notification shall state for which subjects listed in Annex II the technical services have been designated. 2. A technical service may conduct the activities referred to in Article 63(1) on behalf of the designating approval authority responsible for the type-approval only if it has been notified beforehand to the Commission in accordance with paragraph 1 of this Article. 3. The same technical service may be designated by several designating approval authorities and notified by the Member States of these designating approval authorities, irrespective of the category or categories of activities it will conduct in accordance with Article 63(1). 4. The Commission shall be notified of any subsequent relevant changes to the designation. 5. Where a specific organisation or competent body carrying out an activity not included in those referred to in Article 63(1) needs to be designated in application of an act listed in Annex II, the notification shall be made in accordance with this Article. 6. The Commission shall publish on its website a list and details of the technical services notified in accordance with this Article.
Article 68 Changes to designations
1. Where a designating approval authority has ascertained or has been informed that a technical service designated by it no longer meets the requirements laid down in this Regulation, or that it is failing to fulfil its obligations, the designating approval authority shall restrict, suspend or withdraw the designation as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations. The Member State that has notified this technical service shall immediately inform the Commission accordingly. The Commission shall modify the information published referred to in Article 67(6) accordingly. 2. In the event of restriction, suspension or withdrawal of the designation, or where the technical service has ceased its activity, the designating approval authority shall take appropriate steps to ensure that the files of that technical service are either processed by another technical service or kept available for the designating approval authority or for the market surveillance authorities at their request.
Article 69 Challenge to the competence of technical services
1. The Commission shall investigate all cases where it has doubts, or doubt is brought to its attention, regarding the competence of a technical service or the continued fulfilment by a technical service of the requirements and responsibilities to which it is subject. 2. The Member State of the designating approval authority shall provide the Commission, on request, with all information relating to the basis for the designation or the maintenance of the designation of the technical service concerned. 3. The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially. 4. Where the Commission ascertains that a technical service does not meet or no longer meets the requirements for its designation, it shall inform the Member State of the designating approval authority accordingly, with a view to establishing, in cooperation with that Member State, the corrective measures necessary, and shall request that Member State to take those corrective measures, including the withdrawal of the designation if necessary.
Article 70 Operational obligations of technical services
1. Technical services shall carry out the categories of activities for which they have been designated on behalf of the designating approval authority and in accordance with the assessment and test procedures provided for in this Regulation and the acts listed in Annex II. Technical services shall supervise or shall themselves carry out the tests required for approval or inspections as set out in this Regulation or in one of the acts listed in Annex II, except where alternative procedures are permitted. The technical services shall not conduct tests, assessments or inspections for which they have not been duly designated by their approval authority. 2. Technical services shall at all times: (a) allow their designating approval authority to witness the technical service during the conformity assessment as appropriate; and (b) without prejudice to Article 61(9) and Article 71, provide their designating approval authority such information on their categories of activities falling under the scope of this Regulation as may be requested. 3. Where a technical service finds that requirements laid down in this Regulation have not been met by a manufacturer, it shall report this to the designating approval authority with a view for the designating approval authority requiring the manufacturer to take appropriate corrective measures and subsequently not to issue a type-approval certificate unless the appropriate corrective measures have been taken to the satisfaction of the approval authority. 4. Where, in the course of monitoring conformity of production following the issue of a type-approval certificate, a technical service acting on behalf of the designating approval authority finds that a vehicle, system, component or separate technical unit no longer complies with this Regulation, it shall report this to the designating approval authority. The approval authority shall take the appropriate measures as provided for in Article 33.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The COVID-19 pandemic is causing major disruption which is impacting the motorcycle industry in the form of multiple shocks with on the one hand immediate disruption of production sites and of international value chains and on the other hand a sizeable drop in demand and increase of vehicles in stock. This has affected manufacturers’ ability to meet some of the deadlines imposed by Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013. According to that Regulation, the pollutant emissions Euro 5 step will apply on 1 January 2021, which means that as of that date only vehicles meeting the Euro 5 requirements can be placed on the Union market. However, due to the COVID-19 outbreak, motorcycles sales have been highly impacted. Usually, up to 60% of sales take place between March and July. Because of Member States authorities’ lockdowns, sales could not take place during the peak season. According to industry sources, it is estimated that around 553.700 Euro 4 vehicles were in stock in March 2020. During the lockdowns, sales went down by 98% and remained sluggish since then. It is therefore likely that not all Euro 4 vehicles currently in stock will be sold by the end of the year. If Regulation (EU) 168/2013 provides for the possibility for manufacturers to sell so-called end-of series vehicles (i.e. ‘old stock’ vehicles that do not meet the latest requirements), this is limited in each Member State to maximum 10% of the average number of vehicles sold the two preceding years or 100 vehicles. The number of vehicles that can be registered as end-of-series is at the discretion of the Member States. In the light of this disruption and given the number of vehicles in stock and the almost complete stop of sales at the peak of the 2020 season, the existing provisions on end-of-series do not constitute an appropriate mechanism to address this situation. The end-of-series provisions should therefore be adapted to allow dealers to sell higher amounts of their stock of Euro 4 vehicles in 2021 only. This proposal will not increase pollutant emissions as the flexibility will be limited to already produced vehicles at the time of the lockdown. In addition, it also avoids the need to unnecessarily scrap vehicles that would have been otherwise placed on the market in absence of the crisis. This proposal will not postpone the entry into force of the Euro 5 step for all newly produced vehicles on 1 January 2021.
Revised version (Article 70 Operational obligations of technical services):
1. Technical services shall carry out the categories of activities for which they have been designated on behalf of the designating approval authority and in accordance with the assessment and test procedures provided for in this Regulation and the acts listed in Annex II. Technical services shall supervise or shall themselves carry out the tests required for approval or inspections as set out in this Regulation or in one of the acts listed in Annex II, except where alternative procedures are permitted. The technical services shall not conduct tests, assessments or inspections for which they have not been duly designated by their approval authority. 3. Where a technical service finds that requirements laid down in this Regulation have not been met by a manufacturer, it shall report this to the designating approval authority with a view for the designating approval authority requiring the manufacturer to take appropriate corrective measures and subsequently not to issue a type-approval certificate unless the appropriate corrective measures have been taken to the satisfaction of the approval authority. 4. Where, in the course of monitoring conformity of production following the issue of a type-approval certificate, a technical service acting on behalf of the designating approval authority finds that a vehicle, system, component or separate technical unit no longer complies with this Regulation, it shall report this to the designating approval authority. The approval authority shall take the appropriate measures as provided for in Article 33.
Article 71 Information obligations of technical services
1. Technical services shall inform their designating approval authority of the following: (a) any non-conformity encountered which may require a refusal, restriction, suspension or withdrawal of a type-approval certificate; (b) any circumstances affecting the scope of and conditions for their designation; (c) any request for information which they have received from market surveillance authorities regarding their activities. 2. On request from their designating approval authority, technical services shall provide information on the activities within the scope of their designation and on any other activity performed, including cross-border activities and subcontracting.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The COVID-19 pandemic is causing major disruption which is impacting the motorcycle industry in the form of multiple shocks with on the one hand immediate disruption of production sites and of international value chains and on the other hand a sizeable drop in demand and increase of vehicles in stock. This has affected manufacturers’ ability to meet some of the deadlines imposed by Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013. According to that Regulation, the pollutant emissions Euro 5 step will apply on 1 January 2021, which means that as of that date only vehicles meeting the Euro 5 requirements can be placed on the Union market. However, due to the COVID-19 outbreak, motorcycles sales have been highly impacted. Usually, up to 60% of sales take place between March and July. Because of Member States authorities’ lockdowns, sales could not take place during the peak season. According to industry sources, it is estimated that around 553.700 Euro 4 vehicles were in stock in March 2020. During the lockdowns, sales went down by 98% and remained sluggish since then. It is therefore likely that not all Euro 4 vehicles currently in stock will be sold by the end of the year. If Regulation (EU) 168/2013 provides for the possibility for manufacturers to sell so-called end-of series vehicles (i.e. ‘old stock’ vehicles that do not meet the latest requirements), this is limited in each Member State to maximum 10% of the average number of vehicles sold the two preceding years or 100 vehicles. The number of vehicles that can be registered as end-of-series is at the discretion of the Member States. In the light of this disruption and given the number of vehicles in stock and the almost complete stop of sales at the peak of the 2020 season, the existing provisions on end-of-series do not constitute an appropriate mechanism to address this situation. The end-of-series provisions should therefore be adapted to allow dealers to sell higher amounts of their stock of Euro 4 vehicles in 2021 only. This proposal will not increase pollutant emissions as the flexibility will be limited to already produced vehicles at the time of the lockdown. In addition, it also avoids the need to unnecessarily scrap vehicles that would have been otherwise placed on the market in absence of the crisis. This proposal will not postpone the entry into force of the Euro 5 step for all newly produced vehicles on 1 January 2021.
Revised version (Article 71 Information obligations of technical services):
2. On request from their designating approval authority, technical services shall provide information on the activities within the scope of their designation and on any other activity performed, including cross-border activities and subcontracting.
Article 72 Implementing acts
For the purposes of achieving the objectives of this Regulation and in order to lay down uniform conditions for the implementation of this Regulation, the Commission shall, in accordance with the examination procedure referred to in Article 73(2), adopt implementing acts laying down the following implementing measures: (a) the template for the manufacturer’s statement regarding the endurance of functional safety critical systems, parts and equipment referred to in Article 22(7); (b) templates for the information document and for the information folder referred to in Article 27(4); (c) the numbering system of EU type-approval certificates referred to in Article 29(4); (d) the template for the EU type-approval certificate referred to in Article 30(2); (e) the template for the test results sheet appended to the EU type-approval certificate referred to in Article 30(3); (f) the template for the list of applicable requirements or acts referred to in Article 30(6); (g) the general requirements for the format of test report referred to in Article 32(1); (h) the template for the certificate of conformity referred to in Article 38(2); (i) the model for the EU type-approval mark referred to in Article 39(3); (j) the authorisations to grant EU type-approvals exempting new technologies or new concepts referred to in Article 40(3); (k) the templates for the type-approval certificate and the certificate of conformity as regards new technologies or new concepts referred to in Article 40(4); (l) the authorisations to Member States to extend the type-approval referred to in Article 41(2); (m) the list of parts and equipment as referred to in Article 50(2); (n) the template and the numbering system for the certificate referred to in Article 51(3) as well as all aspects relating to the procedure of authorisation referred to in that Article; (o) the template for the certificate providing proof of compliance to the approval authority as referred to in Article 57(8).
Article 73 Committee procedure
1. The Commission shall be assisted by the Technical Committee — Motor Vehicles established by Article 40 of Directive 2007/46/EC. That committee is a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 74 Amendment of the Annexes
Without prejudice to the other provisions of this Regulation relating to the amendment of its Annexes, the Commission shall also be empowered to adopt delegated acts in accordance with Article 75, concerning the amendments to: (i) Annex II (B) and (C1) as regards the introduction of additional functional safety and vehicle construction requirements for subcategory L7e-A heavy on-road quads; (ii) Annexes II and V in order to introduce regulatory act references and corrigenda; (iii) Annex V (B) in order to change the applicable reference fuels; (iv) Annex VI (C) and (D) in order to take account of the results of the study referred to in Article 23(4) and adoption of UNECE regulations.
Article 75 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 18(3), Article 20(2), Article 21(8), Article 22(5) and (6), Article 23(6) and (12), Article 24(3), Article 25(8), Article 32(6), Article 33(6), Article 50(4), Article 54(3), Article 57(12), Article 65 and Article 74 shall be conferred on the Commission for a period of five years from 22 March 2013. The delegation of power shall be tacitly extended for periods of five years, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. The Commission shall draw up a report in respect of the delegation of power not later than 22 June 2022 and nine months before the end of each following five-year period. 3. The delegation of power referred to in Article 18(3), Article 20(2), Article 21(5), Article 22(5) and (6), Article 23(6) and (12), Article 24(3), Article 25(8), Article 32(6), Article 33(6), Article 50(4), Article 54(3), Article 57(12), Article 65 and Article 74 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 18(3), Article 20(2), Article 21(5), Article 22(5) and (6), Article 23(6) and (12), Article 24(3), Article 25(8), Article 32(6), Article 33(6), Article 50(4), Article 54(3), Article 57(12), Article 65 and Article 74 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Article 76 Penalties
1. Member States shall provide for penalties for infringement by economic operators of this Regulation and the delegated or implementing acts adopted pursuant to this Regulation. They shall take all measures necessary to ensure that the penalties are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 23 March 2015 and shall notify the Commission without delay of any subsequent amendment affecting them. 2. The types of infringements which are subject to a penalty shall include: (a) making false declarations during approval procedures or procedures leading to a recall; (b) falsifying test results for type-approval; (c) withholding data or technical specifications which could lead to recall, refusal or withdrawal of type-approval; (d) use of defeat devices; (e) refusal to provide access to information; (f) economic operators making available on the market vehicles, systems, components or separate technical units subject to approval without such approval or falsifying documents or markings with that intention.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The COVID-19 pandemic is causing major disruption which is impacting the motorcycle industry in the form of multiple shocks with on the one hand immediate disruption of production sites and of international value chains and on the other hand a sizeable drop in demand and increase of vehicles in stock. This has affected manufacturers’ ability to meet some of the deadlines imposed by Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013. According to that Regulation, the pollutant emissions Euro 5 step will apply on 1 January 2021, which means that as of that date only vehicles meeting the Euro 5 requirements can be placed on the Union market. However, due to the COVID-19 outbreak, motorcycles sales have been highly impacted. Usually, up to 60% of sales take place between March and July. Because of Member States authorities’ lockdowns, sales could not take place during the peak season. According to industry sources, it is estimated that around 553.700 Euro 4 vehicles were in stock in March 2020. During the lockdowns, sales went down by 98% and remained sluggish since then. It is therefore likely that not all Euro 4 vehicles currently in stock will be sold by the end of the year. If Regulation (EU) 168/2013 provides for the possibility for manufacturers to sell so-called end-of series vehicles (i.e. ‘old stock’ vehicles that do not meet the latest requirements), this is limited in each Member State to maximum 10% of the average number of vehicles sold the two preceding years or 100 vehicles. The number of vehicles that can be registered as end-of-series is at the discretion of the Member States. In the light of this disruption and given the number of vehicles in stock and the almost complete stop of sales at the peak of the 2020 season, the existing provisions on end-of-series do not constitute an appropriate mechanism to address this situation. The end-of-series provisions should therefore be adapted to allow dealers to sell higher amounts of their stock of Euro 4 vehicles in 2021 only. This proposal will not increase pollutant emissions as the flexibility will be limited to already produced vehicles at the time of the lockdown. In addition, it also avoids the need to unnecessarily scrap vehicles that would have been otherwise placed on the market in absence of the crisis. This proposal will not postpone the entry into force of the Euro 5 step for all newly produced vehicles on 1 January 2021.
Revised version (Article 76 Penalties):
1. Member States shall provide for penalties for infringement by economic operators of this Regulation and the delegated or implementing acts adopted pursuant to this Regulation. They shall take all measures necessary to ensure that the penalties are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 23 March 2015 and shall notify the Commission without delay of any subsequent amendment affecting them.
Article 77 Transitional provisions
1. Without prejudice to other provisions of this Regulation, this Regulation shall not invalidate any EU type-approval granted to vehicles or to systems, components or separate technical units before 1 January 2016. 2. Save where provided otherwise, EU type-approvals granted to vehicles, systems, components or separate technical units under the acts referred to under Article 81(1) shall remain valid until the dates specified in Annex IV for existing types of vehicles. 3. By way of derogation from this Regulation, new vehicle types of categories L1e, L2e and L6e or new systems, components or separate technical units intended for such vehicle types shall continue to be type-approved under Directive 2002/24/EC until 31 December 2016. 4. Approval authorities shall continue to grant extension of approvals to the vehicles, systems, components or separate technical units referred to in paragraph 1 in accordance with Directive 2002/24/EC and any of the directives listed in Article 81(1). However, such approvals shall not be used for the purposes of obtaining a whole-vehicle type-approval under this Regulation. 5. By way of derogation from Directive 2002/24/EC, type-approval shall also be granted for vehicles which comply with this Regulation and the delegated acts adopted pursuant to this Regulation on environmental and propulsion performance requirements as referred to in Annex II (A) by 31 December 2015. In such a case, national authorities shall not prohibit, restrict or impede the registration, placing on the market or entry into service of vehicles complying with the approved type.
Article 78 Report
1. By 31 December 2020, Member States shall inform the Commission of the application of the type-approval procedures laid down in this Regulation. 2. On the basis of the information supplied under paragraph 1, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation by 31 December 2021. In particular, the report shall consider whether, on the basis of experience gained with the application of this Regulation, it would be appropriate to provide in Chapter X also for EU type-approval of small series. If it considers necessary, the Commission shall present a proposal to this effect.
Article 79 Review on advanced braking systems
1. By 31 December 2019, the Commission shall submit a report to the European Parliament and to the Council. 2. That report shall examine the mandatory fitting of an anti-lock brake system and a supplemental combined brake system at the choice of the manufacturer to L3e-A1 subcategory motorcycles. It shall be based on an assessment of the technical feasibility of such a requirement, a cost-effectiveness analysis, a road accident analysis and a consultation of relevant stakeholders. It shall furthermore take into account existing related European and international standards. 3. For the purpose of the report provided for in paragraph 2, Member States shall provide to the Commission by 31 December 2017 statistics on road accidents of the motorcycles in question for the preceding four years which are based on the vehicle classification as laid down in Annex I and the type of advanced brake system fitted. 4. On the basis of the results of the report, the Commission shall consider presenting a legislative proposal on the mandatory fitting of advanced brake system to the vehicle subcategories in question.
Article 80 Review on individual vehicles approvals
1. By 31 December 2022, the Commission shall submit a report to the European Parliament and to the Council regarding the subjects referred to in paragraph 3. 2. The report shall be based on a consultation of relevant stakeholders and shall take into account existing related European and international standards. 3. By 31 December 2021 the Member States shall report to the Commission on: (a) the number of individual approvals granted to L-category vehicles before their first registration per year by the national authorities of that Member State since 1 January 2016; (b) the national criteria upon which such approvals were based in so far as these criteria deviated from the requirements obligatory for EU type-approval. 4. The report shall be accompanied, where appropriate, by legislative proposals, and shall examine the inclusion of individual approvals in this Regulation on the basis of harmonised requirements.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal In its Communication on ‘ Long-term competitiveness of the EU: looking beyond 2030 ’ ( 1 ) , the Commission has stressed the importance of a regulatory system that ensures that objectives are reached at minimum costs. It has committed therefore to a fresh push to rationalise and simplify reporting requirements, with the ultimate aim to reduce such burdens by 25%, without undermining the related policy objectives. Reporting requirements play a key role in ensuring correct enforcement and proper monitoring of legislation. Their costs are overall largely offset by the benefit they bring, in particular in monitoring and ensuring compliance with key policy measures. Reporting requirements can however also impose disproportionate burdens on stakeholders, particularly affecting SMEs and micro-companies, also given organisational and technological developments that call for original reporting requirements to be adjusted. Their cumulation over time can result in redundant, duplicating or obsolete obligations, inefficient frequency and timing, or inadequate methods of collection. Streamlining reporting obligations and reducing administrative burdens is therefore a priority. In this context, the present proposal aims to simplify initiatives included in headline ambition ‘A European Green Deal’ in the policy area of the common organisation of the markets in fishery and aquaculture products and affecting the fishing industry. It will also simplify and eliminate certain reporting obligations in the area of the approval and market surveillance of agricultural and forestry vehicles and two- or three-wheel vehicles and quadricycles. The proposal will rationalise reporting obligations by removing reports which are no longer adding value in reaching the policy objectives (see more details below). The reporting requirements concern: public authorities. Consistency with existing policy provisions in the policy area The proposal is part of a first package of measures to rationalise reporting requirements. This is a step in a process looking comprehensively at existing reporting requirements, with a view to assess their continued relevance and to make them more efficient. The rationalisation introduced by these measures will not affect the achievement of objectives in the policy area, for the following reasons: – The reporting requirement that is proposed to be removed in the policy area of the common organisation of the markets in fishery and aquaculture products ha s not proven to provide any longer an added value to the Union and does not contribute to the objectives of Regulation (EU) No 1379/2013 ( 2 ). The reporting obligation in Council Regulation (EC) No 2406/96 ( 3 ) was introduced in relation to prevent ing the marketing of fish below a given degree of freshness for human consumption and standardise freshness and size grades used at first sale to establish price levels for market interventions prior to Regulation (EU) No 1379/2013 . Those intervention measures were abolished in 2013 but the marketing standards remained in force. As food safety is now guaranteed through general food law ( 4 ) , the related reporting obligation has become much less relevant. – The reporting requirements that are proposed to be removed in Regulation (EU) No 167/2013 ( 5 ) ha ve not proven to provide any longer an added value to the Union and do not contribute to its objectives . Regulation (EU) No 167/2013 sets out the rules on the approval and market surveillance of agricultural and forestry vehicles . Article 74 and 75 of that Regulation require Member States to inform the Commission of the application of the type-approval procedures and individual vehicles approvals respectively , and the Commission to submit reports to the European Parliament and the Council . Since the Commission carried out a study ( 6 ) on the questions subject to these information and reporting obligations in 2022 , and the study determined that the type-approval and individual vehicles approvals procedures are satisfactory, this should no longer apply . – The reporting requirements that are proposed to be removed in Regulation (EU) No 168/2013 ( 7 ) ha ve not proven to provide any longer an added value to the Union and do not contribute to its objectives . Regulation (EU) No 168/2013 sets out the rules on the approval and market surveillance of two- or three-wheel vehicles and quadricycles . Article 78 and 80 of that Regulation require Member States to inform the Commission of the application of the type-approval procedures and individual vehicles approvals respectively , and the Commission to submit reports to the European Parliament and the Council . Since the Commission carried out a study ( 8 ) on the questions subject to these information and reporting obligations in 2022 , and the study determined that the type-approval and individual vehicles approvals procedures are satisfactory, this should no longer apply .
Article 81 Repeal
1. Without prejudice to Article 77 of this Regulation, Directive 2002/24/EC as well as Directives 93/14/EEC, 93/30/EEC, 93/33/EEC, 93/93/EEC, 95/1/EC, 97/24/EC, 2000/7/EC, 2002/51/EC, 2009/62/EC, 2009/67/EC, 2009/78/EC, 2009/79/EC, 2009/80/EC and 2009/139/EC shall be repealed with effect from 1 January 2016. 2. References to the repealed Directives shall be construed as references to this Regulation and shall be read, as regards Directive 2002/24/EC, in accordance with the correlation table set out in Annex IX.
Article 82 Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . 2. It shall apply from 1 January 2016. From 22 March 2013, national authorities shall not refuse to grant EU type-approval or national type-approval for a new type of vehicle, or prohibit registration, placing on the market or entry into service of a new vehicle where the vehicle concerned complies with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, if a manufacturer so requests. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The COVID-19 pandemic is causing major disruption which is impacting the motorcycle industry in the form of multiple shocks with on the one hand immediate disruption of production sites and of international value chains and on the other hand a sizeable drop in demand and increase of vehicles in stock. This has affected manufacturers’ ability to meet some of the deadlines imposed by Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013. According to that Regulation, the pollutant emissions Euro 5 step will apply on 1 January 2021, which means that as of that date only vehicles meeting the Euro 5 requirements can be placed on the Union market. However, due to the COVID-19 outbreak, motorcycles sales have been highly impacted. Usually, up to 60% of sales take place between March and July. Because of Member States authorities’ lockdowns, sales could not take place during the peak season. According to industry sources, it is estimated that around 553.700 Euro 4 vehicles were in stock in March 2020. During the lockdowns, sales went down by 98% and remained sluggish since then. It is therefore likely that not all Euro 4 vehicles currently in stock will be sold by the end of the year. If Regulation (EU) 168/2013 provides for the possibility for manufacturers to sell so-called end-of series vehicles (i.e. ‘old stock’ vehicles that do not meet the latest requirements), this is limited in each Member State to maximum 10% of the average number of vehicles sold the two preceding years or 100 vehicles. The number of vehicles that can be registered as end-of-series is at the discretion of the Member States. In the light of this disruption and given the number of vehicles in stock and the almost complete stop of sales at the peak of the 2020 season, the existing provisions on end-of-series do not constitute an appropriate mechanism to address this situation. The end-of-series provisions should therefore be adapted to allow dealers to sell higher amounts of their stock of Euro 4 vehicles in 2021 only. This proposal will not increase pollutant emissions as the flexibility will be limited to already produced vehicles at the time of the lockdown. In addition, it also avoids the need to unnecessarily scrap vehicles that would have been otherwise placed on the market in absence of the crisis. This proposal will not postpone the entry into force of the Euro 5 step for all newly produced vehicles on 1 January 2021.
Revised version (Article 82 Entry into force and application):
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . 2. It shall apply from 1 January 2016. From 22 March 2013, national authorities shall not refuse to grant EU type-approval or national type-approval for a new type of vehicle, or prohibit registration, placing on the market or entry into service of a new vehicle where the vehicle concerned complies with this Regulation and the delegated and implementing acts adopted pursuant to this Regulation, if a manufacturer so requests.