European Parliament
2014-2019
Committee on Transport and Tourism
2016/0014(COD)
25.7.2016
DRAFT OPINION
of the Committee on Transport and Tourism
for the Committee on the Internal Market and Consumer Protection
on the proposal for a regulation of the European Parliament and of the Council
on the approval and market surveillance of motor vehicles and their trailers,
and of systems, components and separate technical units intended for such
vehicles
(COM(2016)0031 – C8-0015/2016 – 2016/0014(COD))
Rapporteur: Karima Delli
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United in diversity
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SHORT JUSTIFICATION
1. Particular context of dieselgate
– The overhaul of the EU motor vehicle type approval framework comes in the wake of the
Volkswagen affair, which in September 2015 brought to light the fact that the manufacturer
had been committing mass fraud with the NOx and CO2 emission reduction systems in its
diesel vehicles;
– The overhaul coincides with the work of the EMIS committee of inquiry, whose task is to
identify the failings on the part of the EU and Member State institutions that made it possible
for dieselgate to take place and for almost all car manufacturers to get round the emissions
rules in normal vehicle use, and determine who was responsible for those failings;
– The overhaul precedes the 2017 roll-out of the Real-World Driving Emissions (RDE) tests
and the new WLTP laboratory test procedure, which should bring significant advances in the
efforts to reduce NOx and CO2 emissions, but will not be enough.
Against that background, the rapporteur is calling on the IMCO committee, as the committee
responsible, to carry out a complete overhaul of the European homologation system and
establish a market surveillance system to ensure that rules are being complied with throughout
the vehicles’ lifetimes.
2. This report must propose practical solutions to the problems brought to light by
dieselgate
– by setting up a new European surveillance authority which can monitor the market
effectively at EU level, carry out tests in its laboratories and take account of the results of
tests carried out by independent laboratories, as the US Environmental Protection Agency
(EPA) does;
– by strengthening monitoring mechanisms, improving access to information and identifying
and regulating much more strictly optimisation techniques and the use of defeat devices
during tests;
– by making recall procedures and penalties the norm in order to discourage manufacturers
from over-optimising vehicles and, as in the Volkswagen case, breaking the rules;
– by treating non-compliance with environmental rules with the same severity as safety
violations, given that air pollution causes nearly 600 000 premature deaths a year in Europe.
The rapporteur would therefore like to see significant advances made in these three areas in
order to restore motorists’ trust in the industry and prevent a repeat of the Volkswagen case.
3. Vehicle homologation: harmonisation of European systems needed
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– There as many type-approval systems as there are Member States: harmonisation of the
requirements for quality, technology, price, independence and transparency is needed to
improve the whole vehicle homologation process;
– In particular, if the independence and transparency of type-approval procedures are to be
guaranteed, there must be a clearer separation of the roles of manufacturers, technical services
and type-approval authorities, and their respective responsibilities must be more clearly
defined;
– If the new rules are to be observed, the whole type-approval chain must be regulated by an
independent European authority, with the focus on the transparency of relations between all
those involved in the homologation process;
The rapporteur points out, therefore, that the overhaul of the approval stage must bring about
improvements to the rules and monitoring of compliance with those rules by an independent
supranational authority;
4. Market surveillance: creating a virtuous system
– If the market surveillance system is to function properly, ambitious objectives must be set as
to the number of vehicles to be tested, the frequency of tests (in particular NOx and CO2
tests), the technology used to carry out the tests and laboratory independence, and account
must be taken of new technologies and new kinds of vehicle use, such as driverless cars or car
sharing;
– The monitoring authority should have the resources to carry out its objectives: it will need
its own sufficiently large budget, a sizeable team of dedicated staff, the facilities appropriate
to and independent body and the support of the Joint Research Centre (JRC), as envisaged in
the Commission proposal;
– The new monitoring authority should, at the very least, have the power to require national
authorities to recall vehicles, and set up a compensation scheme and impose penalties if a
vehicle does not meet the required standards.
The rapporteur calls on the IMCO committee to give the EU a European market surveillance
authority capable of guaranteeing a high level of monitoring and imposing stringent penalties
in order to protect the safety and health of EU motorists and citizens.
5. Incorporation of the conclusions and recommendations of the EMIS committee
The rapporteur is astonished that the relevant ongoing legislative work has not been deferred
until the committee of enquiry has completed its work so that all its conclusions and
recommendations can be taken into account.
AMENDMENTS
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The Committee on Transport and Tourism calls on the Committee on the Internal Market and
Consumer Protection, as the committee responsible, to take into account the following
amendments:
Amendment 1
Proposal for a regulation
Recital 3
Text proposed by the Commission
Amendment
(3)
An assessment of the Union legal
framework for the type-approval of motor
vehicles and their trailers, and of systems,
components and separate technical units
intended for such vehicles, carried out in
201311 , showed that the framework
established by Directive 2007/46/EC is
appropriate for achieving the main goals of
harmonisation, effective operation of the
internal market and fair competition, and
therefore should continue to apply.
(3)
An assessment of the Union legal
framework for the type-approval of motor
vehicles and their trailers, and of systems,
components and separate technical units
intended for such vehicles, carried out in
201311, showed that the framework
established by Directive 2007/46/EC is
appropriate for achieving the main goals of
harmonisation, effective operation of the
internal market and fair competition, and
therefore should continue to apply. Fair
competition necessitates, inter alia, better
harmonisation of quality standards of
conformity of production, high uniform
levels of technological testing, similar
fees, and respect of the principles of
independence and transparency
throughout the verification chain.
__________________
__________________
11
11
Commission Staff Working Document
‘Fitness Check of the EU legal framework
for the type-approval of motor vehicles’
(SWD(2013) 466 final).
Commission Staff Working Document
‘Fitness Check of the EU legal framework
for the type-approval of motor vehicles’
(SWD(2013) 466 final).
Or. en
Amendment 2
Proposal for a regulation
Recital 4
Text proposed by the Commission
Amendment
(4)
In that assessment it was
concluded, however, that there is a need to
introduce market surveillance provisions to
(4)
In that assessment it was
concluded, however, that there is a need to
introduce market surveillance provisions to
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complement the type-approval
requirements, a need to clarify the recall
and safeguard procedures, as well as the
conditions for granting extensions to
approvals for existing types of vehicle, a
need to improve the enforcement of the
type-approval framework by harmonising
and enhancing the type-approval and
conformity of production procedures
applied by Member States’ authorities and
technical services, a need to clarify the
roles and responsibilities of economic
operators in the supply chain, and of the
authorities and parties involved in the
enforcement of the framework, and a need
to improve the suitability of alternative
type-approval schemes (national small
series and individual vehicle approvals)
and of the multi-stage type-approval
process to provide appropriate flexibility
for niche markets and SMEs, without
however distorting the level playing field.
complement the type-approval
requirements and to impose systematic
recall and safeguard procedures having an
appropriate deterrent effect, as well as the
conditions for granting extensions to
approvals for existing types of vehicle, a
need to improve the enforcement of the
type-approval framework by harmonising
and enhancing the type-approval and
conformity of production procedures
applied by Member States’ authorities and
technical services, a need to clarify the
roles and responsibilities of economic
operators in the supply chain, and of the
authorities and parties involved in the
enforcement of the framework, and a need
to improve the suitability of alternative
type-approval schemes (national small
series and individual vehicle approvals)
and of the multi-stage type-approval
process to provide appropriate flexibility
for niche markets and SMEs, without
however distorting the level playing field.
Or. en
Amendment 3
Proposal for a regulation
Recital 5
Text proposed by the Commission
Amendment
(5)
In addition, recent problems
encountered with the implementation of the
type-approval framework have revealed
particular weaknesses and demonstrate
the need for a fundamental revision to
ensure a robust, transparent, predictable
and sustainable regulatory framework that
provides a high level of safety and of
health and environmental protection.
(5)
In addition, the recent Volkswagen
scandal has revealed problems and
weaknesses encountered with the
implementation of the type-approval
framework and demonstrates the need for
a fundamental revision to ensure a robust,
transparent, predictable and sustainable
regulatory framework that attaches the
same level of importance to safety, health
and environmental protection.
Or. en
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Amendment 4
Proposal for a regulation
Recital 5 a (new)
Text proposed by the Commission
Amendment
(5a) Following the Volkswagen scandal
a Committee of Inquiry into Emission
Measurements in the Automotive Sector
(EMIS) was set up in the European
Parliament. It aims inter alia to
"investigate alleged contraventions and
maladministration in the application of
Union law in relation to emission
measurements in the automotive sector,
without prejudice to the jurisdiction of
national or Union courts", in accordance
with the European Parliament’s decision
of 17 December 2015. As mandated, the
Committee of Inquiry is required to
present interim and final reports
including conclusions and
recommendations. Given the importance
of such conclusions, any further
legislative work done with a view to
revising this Regulation should be able to
fully draw upon the results of the
Committee of Inquiry’s deliberations.
Or. en
Amendment 5
Proposal for a regulation
Recital 5 b (new)
Text proposed by the Commission
Amendment
(5b) In parallel, the introduction of the
new WLTP measurement procedure and
of the prospective real driving emissions
(RDE) measurements in 2017 represents a
step in the right direction, but so far this
is restricted to a limited number of air
pollutants and vehicle types, and it is still
based on prototype vehicles, with a testing
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process largely under the control of the
manufacturers themselves. In conclusion,
the type-approval and market surveillance
improvements should still be considered a
top priority.
Or. en
Amendment 6
Proposal for a regulation
Recital 6
Text proposed by the Commission
Amendment
(6)
This Regulation sets out the
harmonised rules and principles for the
type-approval of motor vehicles and their
trailers, and of systems, components and
separate technical units intended for such
vehicles, and the individual vehicle
approval, with a view to ensuring the
proper functioning of the internal market
for the benefit of businesses and consumers
and to offer a high level of safety and
protection of health and the environment.
(6)
This Regulation sets out the
harmonised rules and principles for the
type-approval of motor vehicles and their
trailers, and of systems, components and
separate technical units intended for such
vehicles, and the individual vehicle
approval, with a view to ensuring the
consistent application of high-quality
standards for verifying conformity of
production, enabling the internal market to
function properly for the benefit of
businesses and consumers and offering a
high level of safety and protection of health
and the environment.
Or. en
Amendment 7
Proposal for a regulation
Recital 8
Text proposed by the Commission
Amendment
(8)
This Regulation should strengthen
the current type-approval framework, in
particular through the introduction of
provisions on market surveillance. Market
surveillance in the automotive sector
should be introduced by specifying the
(8)
This Regulation should strengthen
the current type-approval framework, in
particular through the introduction of
provisions on market surveillance. Market
surveillance in the automotive sector
should be introduced by specifying the
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obligations of the economic operators in
the supply chain, the responsibilities of the
enforcement authorities in the Member
States, and the measures to be taken when
automotive products are encountered on
the market that represent serious safety or
environmental risks or that do not comply
with the type-approval requirements.
obligations of the economic operators in
the supply chain, the responsibilities of the
enforcement authorities in the Member
States, and the measures to be taken when
automotive products are encountered on
the market that represent serious safety or
environmental risks or that do not comply
with the type-approval requirements. The
overall market surveillance should be
placed under the authority of an
independent and powerful European
Authority, similar to the US
Environmental Protection Agency.
Or. en
Amendment 8
Proposal for a regulation
Recital 9
Text proposed by the Commission
Amendment
(9)
An effective implementation of the
type-approval requirements should be
ensured by enhancing the provisions on
conformity of production by, inter alia,
providing for mandatory periodic audits of
the conformity control methods and the
continued conformity of the products
concerned and by reinforcing the
requirements relating to the competence,
obligations and performance of the
technical services that carry out tests for
whole-vehicle type-approval under the
responsibility of type-approval authorities .
The proper functioning of technical
services is crucial for ensuring a high level
of safety and environmental protection and
citizens’ confidence in the system. The
criteria for designation of technical
services provided by Directive 2007/46/EC
should be laid down in greater detail in
order to assure their consistent application.
The assessment methods of technical
services in the Member States have a
tendency to progressively differ due to the
(9)
An effective implementation of the
type-approval requirements should be
ensured by enhancing the provisions on
conformity of production by giving better
access to information, by firmly framing
optimisation techniques during lab
testing, by paying particular attention to
the risk of illegal defeat devices the use of
which is forbidden by Regulation (EC) No
715/2007 of the European Parliament and
of the Council1, by providing for
mandatory periodic audits of the
conformity control methods and the
continued conformity of the products
concerned and by reinforcing the
requirements relating to the competence,
obligations and performance of the
technical services that carry out tests for
whole-vehicle type-approval under the
responsibility of type-approval authorities .
The proper functioning of technical
services is crucial for ensuring a high level
of safety and environmental protection and
citizens’ confidence in the system. The
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increased complexity of their work.
Therefore, it is necessary to provide for
procedural obligations that ensure an
information exchange and monitoring of
Member States’ practices for the
assessment, designation, notification and
monitoring of their technical services.
Those procedural obligations should
remove any existing discrepancies in the
methods used and in the interpretation of
the criteria for the designation of technical
services.
criteria for designation of technical
services provided by Directive 2007/46/EC
should be laid down in greater detail in
order to assure their consistent application.
The assessment methods of technical
services in the Member States have a
tendency to progressively differ due to the
increased complexity of their work.
Therefore, it is necessary to provide for
procedural obligations that ensure an
information exchange and monitoring of
Member States’ practices for the
assessment, designation, notification and
monitoring of their technical services.
Those procedural obligations should
remove any existing discrepancies in the
methods used and in the interpretation of
the criteria for the designation of technical
services.
__________________________________
1
Regulation (EC) No 715/2007 of the
European Parliament and of the Council
of 20 June 2007 on type approval of
motor vehicles with respect to emissions
from light passenger and commercial
vehicles (Euro 5 and Euro 6) and on
access to vehicle repair and maintenance
information (OJ L 171, 29.6.2007, p. 1).
Or. en
Amendment 9
Proposal for a regulation
Recital 17
Text proposed by the Commission
Amendment
(17) The independence of technical
services vis-à-vis manufacturers should be
ensured, including by avoiding direct or
indirect payments by the manufacturers for
the type-approval inspections and tests they
have carried out. Therefore the Member
States should establish a type-approval fee
structure that should cover the costs for
(17) The independence of technical
services vis-à-vis manufacturers should be
ensured, including by avoiding direct or
indirect payments by the manufacturers for
the type-approval inspections and tests they
have carried out. Therefore the Member
States should establish a type-approval fee
structure that should cover the costs for
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carrying out all type-approval tests and
inspections carried out by the technical
services designated by the type-approval
authority, as well as the administrative
costs for issuing the type-approval and the
costs for carrying out ex-post compliance
verification tests and inspections.
carrying out all type-approval tests and
inspections carried out by the technical
services, as well as the administrative costs
for issuing the type-approval and the costs
for carrying out ex-post compliance
verification tests and inspections.
Or. en
Amendment 10
Proposal for a regulation
Recital 38
Text proposed by the Commission
Amendment
(38) In order to ensure uniform
conditions for the implementation of this
Regulation, implementing powers should
be conferred on the Commission. Those
powers should be exercised in accordance
with Regulation (EU) No 182/2011 of the
European Parliament and of the Council20.
(38) In order to ensure uniform
conditions for the implementation of this
Regulation, implementing powers should
be conferred on the Commission on the
condition of consistent application of
uniform high-quality standards. Those
powers should be exercised in accordance
with Regulation (EU) No 182/2011 of the
European Parliament and of the Council20.
__________________
__________________
20
20
Regulation (EU) No 182/2011 of the
European Parliament and of the Council of
16 February 2011 laying down the rules
and general principles concerning
mechanisms for control by Member States
of the Commission’s exercise of
implementing powers (OJ L 55, 28.2.2011,
p. 13).
Regulation (EU) No 182/2011 of the
European Parliament and of the Council of
16 February 2011 laying down the rules
and general principles concerning
mechanisms for control by Member States
of the Commission’s exercise of
implementing powers (OJ L 55, 28.2.2011,
p. 13).
Or. en
Amendment 11
Proposal for a regulation
Recital 39
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Text proposed by the Commission
Amendment
(39) 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 in respect
of type-approval requirements concerning
the environmental and safety performance
of motor vehicles and their trailers, and of
systems, components and separate
technical units for such vehicles. 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 simultaneous, timely and
appropriate transmission of relevant
documents to the European Parliament
and to the Council.
(39) 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, on the
condition of consistent application of
uniform high-quality standards, in respect
of type-approval requirements concerning
the environmental and safety performance
of motor vehicles and their trailers, and of
systems, components and separate
technical units for such vehicles. It is of
particular importance that the Commission
carry out appropriate consultations during
its preparatory work, including at expert
level, and that those consultations be
conducted in accordance with the
principles laid down in the
Interinstitutional Agreement on Better
Law-Making of 13 April 2016. In
particular, to ensure equal participation
in the preparation of delegated acts, the
European Parliament and the Council
receive all documents at the same time as
Member States’ experts, and their experts
systematically have access to meetings of
Commission expert groups dealing with
the preparation of delegated acts.
Or. en
Amendment 12
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Text proposed by the Commission
Amendment
(2)
‘market surveillance’ means the
activities carried out and measures taken
by the market surveillance authorities to
ensure that vehicles, systems, components
or separate technical units as well as parts
(2)
‘market surveillance’ means the
activities carried out and measures taken
by the market surveillance authorities to
ensure that vehicles, systems, components
or separate technical units as well as parts
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and equipment made available on the
market comply with the requirements set
out in the relevant Union legislation and do
not endanger health, safety or any other
aspect of public interest protection;
and equipment made available on the
market comply with the requirements set
out in the relevant Union legislation and do
not endanger the environment, health,
safety or any other aspect of public interest
protection;
Or. en
Amendment 13
Proposal for a regulation
Article 5 – paragraph 2
Text proposed by the Commission
Amendment
2.
The Commission shall be
empowered to adopt delegated acts in
accordance with Article 88 to amend
Annex IV to take account of technological
and regulatory developments by
introducing and updating references to
regulatory acts containing the requirements
with which vehicles, systems, components
and separate technical units have to
comply.
2.
The Commission is empowered to
adopt delegated acts in accordance with
Article 88 amending Annex IV in order to
take account of technological and
regulatory developments such as
autonomous driving as well as new
vehicle use patterns by introducing and
updating references to regulatory acts
containing the requirements with which
vehicles, systems, components and
separate technical units have to comply.
Or. en
Amendment 14
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a.
Member States shall ensure a clear
and strict legal and administrative
separation of roles and responsibilities
between type-approval authorities,
technical services and manufacturers and
that the principles of independence and
transparency apply at every moment
throughout the verification chain.
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Or. en
Amendment 15
Proposal for a regulation
Article 6 – paragraph 5
Text proposed by the Commission
Amendment
5.
Member States shall take the
necessary measures to ensure that market
surveillance authorities may, where they
consider it necessary and justified, be
entitled to enter the premises of economic
operators and seize the necessary samples
of vehicles, systems, components and
separate technical units for the purposes of
compliance testing.
5.
Member States shall take the
necessary measures to ensure that market
surveillance authorities may, when cases
of non-compliance are suspected in other
Member States and where they consider it
necessary and justified, be entitled to enter
the premises of economic operators and
seize the necessary samples of vehicles,
systems, components and separate
technical units for the purposes of
compliance testing.
Or. en
Amendment 16
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Text proposed by the Commission
Amendment
5a.
Member States shall enforce any
measures requiring the taking of remedial
action such as recalls, requested repairs,
compensation and sanctions, in
accordance with the European
Authority’s decisions if non-compliance is
detected in consequence of the tests
referred to in Article 9.
Or. en
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Amendment 17
Proposal for a regulation
Article 7 – paragraph 4
Text proposed by the Commission
Amendment
4.
Where an approval authority is
informed in accordance with Articles 8(5),
9(5), 52(4) or 54, it shall take all necessary
measures to review the approval granted
and, where appropriate, correct or
withdraw the approval depending on the
reasons and the seriousness of the
deviations demonstrated.
4.
Where an approval authority is
informed in accordance with Articles 8(5),
9(5), 52(4) or 54, it shall take all necessary
measures to review the approval granted
and, where appropriate, correct or
withdraw the approval depending on the
reasons and the seriousness of the
deviations demonstrated, and shall
systematically and without delay report
cases of non-conformity to the European
Authority.
Or. en
Amendment 18
Proposal for a regulation
Article 7 – paragraph 5
Text proposed by the Commission
Amendment
5.
The Commission may adopt
implementing acts to lay down the
common criteria to appoint, review and
assess the approval authorities at national
level. Those implementing acts shall be
adopted in accordance with the
examination procedure referred to in
Article 87(2).
deleted
Or. en
Amendment 19
Proposal for a regulation
Article 7 – paragraph 5 a (new)
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Text proposed by the Commission
Amendment
5a.
All European type-approval
authorities shall reach the same operating
level.
Or. en
Amendment 20
Proposal for a regulation
Article 7 – paragraph 5 b (new)
Text proposed by the Commission
Amendment
5b.
Approval authorities shall oversee
independent and random conformity of
production inspections conducted by
technical services at vehicle
manufacturers’ facilities every year. They
shall specify the activities of the technical
services and the uniform high-quality
standards in terms of manpower and
technical expertise that manufacturers
and technical services need to reach.
Or. en
Amendment 21
Proposal for a regulation
Article 8 – paragraph 1
Text proposed by the Commission
Amendment
1.
Market surveillance authorities
shall perform regular checks to verify
compliance of vehicles, systems,
components and separate technical units
with the requirements set out in this
Regulation as well as with the correctness
of the type approvals. Those checks shall
be performed on an adequate scale, by
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1.
Market surveillance authorities
shall perform regular checks to verify
compliance of vehicles, systems,
components and separate technical units
with the requirements set out in this
Regulation as well as with the correctness
of the type approvals, and shall pay equal
attention to safety and to environment
standards. Those checks shall be
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drive and laboratory tests on the basis of
statistically relevant samples. When doing
so, market surveillance authorities shall
take account of established principles of
risk assessment, complaints and other
information.
performed by means of documentary
checks and real-drive and laboratory tests
on the basis of a statistically significant
sample. When doing so, market
surveillance authorities shall take account
of established principles of risk
assessment, third-party test results,
complaints and other information coming
from their own country as well as
information provided by other Member
States.
In the case of vehicles, market
surveillance authorities shall aim to cover
20% of the new models placed on the
Union market each year to verify whether
the vehicles concerned comply with the
Union safety and environmental
legislation. When technical services are
designated for the purposes of this Article,
market surveillance authorities shall
ensure that a different technical service is
used from that performing tests relating to
the original type-approval.
Or. en
Amendment 22
Proposal for a regulation
Article 8 – paragraph 2
Text proposed by the Commission
Amendment
2.
Market surveillance authorities
shall require economic operators to make
the documentation and information
available as they consider necessary for the
purpose of carrying out their activities.
2.
Market surveillance authorities
shall require economic operators to make
the documentation and information
available without delay as they consider
necessary for the purpose of carrying out
their activities.
Or. en
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Amendment 23
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Text proposed by the Commission
Amendment
Market surveillance authorities shall take
appropriate measures to alert users within
their territories within an adequate
timeframe of hazards they have identified
relating to any vehicle, system, component
and separate technical unit so as to prevent
or reduce the risk of injury or other
damage.
Market surveillance authorities shall take
appropriate measures to alert users within
their territories within 15 days of hazards
they have identified relating to any vehicle,
system, component and separate technical
unit so as to prevent or reduce the risk of
injury or other damage.
Or. en
Amendment 24
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 a (new)
Text proposed by the Commission
Amendment
Market surveillance authorities shall
establish binding guidelines for recalls
including repairs, compensation and
sanction actions in order to ensure
uniform application and to provide
certainty for manufacturers.
Or. en
Amendment 25
Proposal for a regulation
Article 8 – paragraph 7
Text proposed by the Commission
Amendment
7.
The Member States shall
periodically review and assess the
functioning of their surveillance activities.
Such reviews and assessments shall be
carried out at least every four years and the
7.
The Member States shall
periodically review and assess the
functioning of their surveillance activities.
Such reviews and assessments shall be
carried out at least every two years and the
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results thereof shall be communicated to
the other Member States and the
Commission. The Member State concerned
shall make a summary of the results
accessible to the public.
results thereof shall be communicated to
the other Member States and to the
European Authority. Throughout the
review, Member States shall pay
particular attention to the level of
independence of market surveillance
activities and to the technological level of
the tests performed. The Member State
concerned shall make a summary of the
results accessible to the general public, in
particular as regards the number of
vehicles, systems, components or separate
technical units that are found not to be in
compliance with this Regulation, together
with the identity of the corresponding
manufacturers.
Or. en
Amendment 26
Proposal for a regulation
Article 8 – paragraph 10
Text proposed by the Commission
Amendment
10.
The Commission may adopt
implementing acts to lay down the criteria
for setting out the scale, scope and
frequency with which the compliance
verification checks of samples taken
referred to in paragraph 1 have to be
performed. Those implementing acts shall
be adopted in accordance with the
examination procedure referred to in
Article 87(2).
deleted
Or. en
Amendment 27
Proposal for a regulation
Article 9 – title
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Text proposed by the Commission
Amendment
Compliance verification by the
Commission and enforcement coordination with Member States
Compliance verification by the central and
independent European Authority and
enforcement co-ordination with Member
States
Or. en
Amendment 28
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
The Commission shall organise and carry
out, or require to be carried out, on an
adequate scale, tests and inspections of
vehicles, systems, components and
separate technical units already made
available on the market, with a view to
verifying that those vehicles, systems,
components and separate technical units
conform to the type approvals and to
applicable legislation as well as to ensure
the correctness of the type approvals.
The European Authority shall organise
and carry out, or require to be carried out,
in accordance with the objectives laid
down in Article 8(1), tests and inspections
of vehicles, systems, components and
separate technical units already made
available on the market, with a view to
verifying that those vehicles, systems,
components and separate technical units
conform to the type approvals and to
applicable legislation as well as to ensure
the correctness of the type approvals.
Those tests and inspections shall not be
performed by the same technical service
as that used to perform the original typeapproval tests.
Or. en
Amendment 29
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
Text proposed by the Commission
Amendment
The European Authority shall carry out
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audits of the national type-approval
authorities on a regular basis to ensure
that they correctly implement the
requirements of this Regulation. This
shall include checking a relevant sample
of the type-approvals issued by each
authority. The European Authority shall
coordinate such audits with the Member
States and ensure that their
recommendations are applied. Where a
national type-approval authority is found
to be in non-compliance with this
Regulation, its power to issue typeapprovals shall be suspended until its
activities are found once again to be in
compliance.
Or. en
Amendment 30
Proposal for a regulation
Article 9 – paragraph 2
Text proposed by the Commission
Amendment
2.
Manufacturers holding typeapprovals or the economic operators shall,
upon request, supply to the Commission a
statistically relevant number of production
vehicles, systems, components and
separate technical units selected by the
Commission that are representative for the
vehicles, systems, components and
separate technical units available for
placing on the market under that typeapproval. Those vehicles, systems,
components and separate technical units
shall be supplied for testing at the time and
place and for the period the Commission
may require.
2.
Manufacturers holding typeapprovals or the economic operators shall,
upon request, supply to the European
Authority a statistically relevant number of
production vehicles, systems, components
and separate technical units selected by the
European Authority that are representative
for the vehicles, systems, components and
separate technical units available for
placing on the market under that typeapproval. Those vehicles, systems,
components and separate technical units
shall be supplied for testing at the time and
place and for the period the European
Authority may require.
Or. en
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Amendment 31
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Text proposed by the Commission
Amendment
For the purpose of enabling the
Commission to carry out the testing
referred to in paragraphs 1 and 2, Member
States shall make available to the
Commission all data related to the typeapproval of the vehicle, systems,
components and separate technical units
subject to compliance verification testing.
Those data shall include at least the
information included in the type-approval
certificate and its attachments referred to
Article 26(1).
For the purpose of enabling the European
Authority to carry out the testing referred
to in paragraphs 1 and 2, Member States
shall make available to the European
Authority all data related to the typeapproval of the vehicle, systems,
components and separate technical units
subject to compliance verification testing.
Those data shall include at least the
information included in the type-approval
certificate and its attachments referred to
Article 26(1).
Or. en
Amendment 32
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Text proposed by the Commission
Amendment
For vehicles approved in accordance with
the step-by-step or multistage typeapproval procedure, Member States shall
also provide the Commission with the
type-approval certificate and its
attachments referred to in Article 26(1) for
the underlying type-approvals of systems,
components and separate technical units.
For vehicles approved in accordance with
the step-by-step or multistage typeapproval procedure, Member States shall
also provide the European Authority with
the type-approval certificate and its
attachments referred to in Article 26(1) for
the underlying type-approvals of systems,
components and separate technical units.
Or. en
Amendment 33
Proposal for a regulation
Article 9 – paragraph 4
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Text proposed by the Commission
Amendment
4.
Vehicle manufacturers shall make
public data which are needed for the
purpose of compliance verification testing
by third parties. The Commission shall
adopt implementing acts in order to define
the data to be made public and the
conditions for such publication, subject to
the protection of commercial secrets and
the preservation of personal data pursuant
to Union and national legislation. Those
implementing acts shall be adopted in
accordance with the examination procedure
referred to in Article 87(2).
4.
Vehicle manufacturers shall make
public data which are needed for the
purpose of compliance verification testing
by third parties. The European Authority
shall list the data that are to be made
available to be public and the conditions
for such publication, subject to the
protection of commercial secrets and the
preservation of personal data pursuant to
Union and national legislation. Those lists
shall be adopted in accordance with the
examination procedure referred to in
Article 87(2).
Or. en
Amendment 34
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1
Text proposed by the Commission
Amendment
Where the Commission establishes that the
vehicles tested or inspected do not comply
with the type-approval requirements laid
down in this Regulation or any of the
regulatory acts listed in Annex IV or that
the type approval has been granted on the
basis of incorrect data, it shall require in
accordance with Article 54(8) without
delay the economic operator concerned to
take all appropriate corrective measures to
bring the vehicles in compliance with those
requirements, or it shall take restrictive
measures, either by requiring the economic
operator to withdraw the vehicles
concerned from the market, or to recall
them within a reasonable period of time,
depending on the seriousness of the
established non-compliance.
Where the European Authority establishes
that the vehicles tested or inspected do not
comply with the type-approval
requirements laid down in this Regulation
or any of the regulatory acts listed in
Annex IV or that the type approval has
been granted on the basis of incorrect data,
it shall be empowered to take Union-wide
remedial action such as ordering Union
recalls of the vehicles concerned, or it
shall require in accordance with Article
54(8) without delay the national
authorities and economic operators
concerned to take all appropriate corrective
measures to bring the vehicles in
compliance with those requirements, or it
shall take restrictive measures, either by
requiring the economic operator to
withdraw the vehicles concerned from the
market, or to recall them within a
reasonable period of time, depending on
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the seriousness of the established noncompliance. Non-compliance with
environment standards shall be treated on
an equal footing with safety issues.
Or. en
Amendment 35
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Text proposed by the Commission
Amendment
The Commission shall publish a report of
its findings following any compliance
verification testing it has carried out.
The European Authority shall publish a
report of its findings following any
compliance verification testing it has
carried out.
Or. en
Amendment 36
Proposal for a regulation
Article 10 – title
Text proposed by the Commission
Amendment
Forum for Exchange of Information on
Enforcement
Forum for Exchange of Information on,
and Evaluation of, Enforcement
Or. en
Amendment 37
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
The Commission shall establish and chair
a Forum for Exchange of Information on
Enforcement (‘the Forum’).
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The European Authority shall establish,
chair and oversee a Forum for Exchange
of Information on, and Evaluation of,
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Enforcement (‘the Forum’).
Or. en
Amendment 38
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
This Forum shall be composed of members
appointed by the Member States.
This Forum shall be composed of members
appointed by the Member States, Members
of the European Parliament and
representatives of the Commission, as well
as representatives of technical services,
third-party testing organisations, nongovernmental organisations operating in
the field of safety and the environment,
and consumer groups. It shall be chaired
by the European Authority.
Or. en
Amendment 39
Proposal for a regulation
Article 10 – paragraph 3
Text proposed by the Commission
Amendment
3.
The Commission shall be
empowered to adopt delegated acts in
accordance with Article 88 to lay down the
composition, appointment process, detailed
tasks, working methods and rules of
procedure of the Forum.
3.
The European Authority shall lay
down, in accordance with Article 88, the
composition, appointment process, detailed
tasks, working methods and rules of
procedure of the Forum.
Or. en
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Amendment 40
Proposal for a regulation
Article 12 – title
Text proposed by the Commission
Amendment
Obligations of manufacturers concerning
their vehicles, systems, components,
separate technical units or parts and
equipment that are not in conformity or
that present a serious risk
Obligations of manufacturers concerning
their vehicles, systems, components,
separate technical units or parts and
equipment that are not in conformity or
that present a risk for the environment,
health and safety
Or. en
Amendment 41
Proposal for a regulation
Article 17 – title
Text proposed by the Commission
Amendment
Obligations of distributors concerning their
vehicles, systems, components or separate
technical units that are not in conformity or
concerning their vehicles, systems,
components, separate technical units, parts
or equipment that present a serious risk
Obligations of distributors concerning their
vehicles, systems, components or separate
technical units that are not in conformity or
concerning their vehicles, systems,
components, separate technical units, parts
or equipment that present a risk for the
environment, health and safety
Or. en
Amendment 42
Proposal for a regulation
Article 17 – paragraph 2
Text proposed by the Commission
Amendment
2.
The distributor who considers that a
vehicle, system, component or separate
technical unit that he has made available
on the market is not in conformity with this
Regulation, shall inform the manufacturer
or the importer to ensure that the
2.
Where a distributor considers that a
vehicle, system, component or separate
technical unit that it has made available on
the market is not in conformity with this
Regulation, it shall inform the
manufacturer, the importer and the
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appropriate measures necessary to bring
that vehicle, system, component or separate
technical unit into conformity, to withdraw
it from the market or to recall it, as
appropriate, are taken in accordance with
Article 12(1) or Article 15(1).
approval and market surveillance
authorities to ensure that the appropriate
measures necessary to bring that vehicle,
system, component or separate technical
unit into conformity, to withdraw it from
the market or to recall it, as appropriate,
are taken in accordance with Article 12(1)
or Article 15(1).
Or. en
Amendment 43
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Text proposed by the Commission
Amendment
The approval authority and technical
services shall have access to the software
and algorithms of the vehicle.
The approval authority and technical
services shall have access to safety and
emissions-related software and hardware
as well as algorithms of the vehicle.
Manufacturers shall communicate to the
approval authorities and the technical
service, in a standardised form, the safety
and emissions-related software at the time
of the application in order to detect
subsequent unlawful changes to the
software.
Or. en
Amendment 44
Proposal for a regulation
Article 28 – paragraph 2
Text proposed by the Commission
Amendment
2.
The manufacturer shall provide the
approval authority with the vehicles,
systems, components or separate technical
units that are required under the relevant
acts listed in Annex IV for the performance
of the required tests.
2.
The manufacturer shall provide the
technical service with the vehicles,
systems, components or separate technical
units that are required under the relevant
acts listed in Annex IV for the performance
of the required tests.
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Or. en
Amendment 45
Proposal for a regulation
Article 28 – paragraph 5
Text proposed by the Commission
Amendment
5.
The Commission shall be
empowered to adopt delegated acts in
accordance with Article 88 to amend
Annex XVI to take account of technical
and regulatory developments by updating
the list of regulatory acts in respect of
which virtual testing methods may be used
by a manufacturer or a technical service
and the specific conditions under which
virtual testing methods are to be used.
5.
The European Authority shall take
measures in accordance with Article 88 to
amend Annex XVI to ensure that
manufacturers do not, in the design of the
vehicles, systems components and
separate technical units, incorporate
strategies that unnecessarily reduce the
performance exhibited during relevant
test procedures when the vehicles,
systems, components and technical
separate units are operated under
conditions that may reasonably be
expected to be encountered in normal
operation and use. It shall also take
account of technical and regulatory
developments by updating the list of
regulatory acts in respect of which virtual
testing methods may be used by a
manufacturer or a technical service and the
specific conditions under which virtual
testing methods are to be used.
Or. en
Amendment 46
Proposal for a regulation
Article 30 – paragraph 1
Text proposed by the Commission
Amendment
1.
Member States shall establish a
national fee structure to cover the costs for
their type-approvals and market
surveillance activities as well as for the
type-approval testing and conformity of
production testing and inspections carried
1.
The European Authority, together
with the Forum, shall establish a Unionwide fee structure to cover the costs for its
type-approval and market surveillance
activities, in order to have a consistent fee
structure across the Union adapted to the
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out by the technical services they have
designated.
type-approval testing and conformity of
production testing and inspections carried
out by the technical services it has
designated.
Or. en
Amendment 47
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a.
The European Authority, in
consultation with the Forum, shall lay
down the uniform fee structure for typeapproval authorities across the Union.
Such harmonised fees shall reflect the
equivalent control and inspection duties
pursuant to the requirements of this
Regulation.
Or. en
Amendment 48
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
1b.
The European Authority shall be
allocated appropriate resources to enable
it to carry out or coordinate market
surveillance activities pursuant to Article
9. As regards vehicles, the funding shall
ensure that at least 20% of the models in
the market are spot-checked annually, in
coordination with national authorities.
Or. en
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Amendment 49
Proposal for a regulation
Article 30 – paragraph 2
Text proposed by the Commission
Amendment
2.
Those national fees shall be levied
on the manufacturers who have applied for
type-approval in the Member State
concerned. Fees shall not be levied directly
by. technical services
2.
The national fees referred to in
paragraph 1 a shall be levied on the
manufacturers who have applied for typeapproval in the Member State concerned.
Fees shall also cover market surveillance
activities pursuant to Article 8.
Or. en
Amendment 50
Proposal for a regulation
Article 30 – paragraph 3
Text proposed by the Commission
Amendment
3.
The national fee structure shall also
cover the costs for the compliance
verification inspections and tests carried
out by the Commission in accordance with
Article 9. These contributions shall
constitute external assigned revenues for
the general budget of the European Union,
according to Art. 21(4) of the Financial
Regulation26 .
3.
The national fee structure shall also
cover the costs for the compliance
verification inspections and tests carried
out by the European Authority in
accordance with Article 9. These
contributions shall constitute external
assigned revenues for the general budget of
the European Union, according to Art.
21(4) of the Financial Regulation26 .
__________________
__________________
26
26
Regulation (EU, Euratom) No 966/2012
of the European Parliament and of the
Council of 25 October 2015 on the
financial rules applicable to the general
budget of the Union and repealing Council
Regulation (EC, Euratom) No 1605/2002
(OJ L 298, 26.10.2012, p. 1–96).
Regulation (EU, Euratom) No 966/2012
of the European Parliament and of the
Council of 25 October 2015 on the
financial rules applicable to the general
budget of the Union and repealing Council
Regulation (EC, Euratom) No 1605/2002
(OJ L 298, 26.10.2012, p. 1–96).
Or. en
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Amendment 51
Proposal for a regulation
Article 30 – paragraph 5
Text proposed by the Commission
Amendment
5.
The Commission may adopt
implementing acts in order to define the
top-up referred to in paragraph 3 to be
applied to the national fees referred to in
paragraph 1. Those implementing acts
shall be adopted in accordance with the
examination procedure referred to in
Article 87(2).
deleted
Or. en
Amendment 52
Proposal for a regulation
Article 49 – paragraph 1
Text proposed by the Commission
Amendment
1.
Market surveillance authorities of
one Member State that have taken action
pursuant to Article 20 of Regulation (EC)
No 765/2008 and Article 8 of this
Regulation, or that have sufficient reason
to believe that a vehicle, system,
component or separate technical unit
covered by this Regulation presents a
serious risk to the health or safety of
persons or to other aspects of the protection
of public interests covered by this
Regulation, shall inform without delay the
approval authority that granted the
approval about its findings.
1.
Market surveillance authorities of
one Member State that have taken action
pursuant to Article 20 of Regulation (EC)
No 765/2008 and Article 8 of this
Regulation, or that have sufficient reason
to believe that a vehicle, system,
component or separate technical unit
covered by this Regulation presents a risk
to the environment, health or safety of
persons or to other aspects of the protection
of public interests covered by this
Regulation, shall inform without delay the
approval authority that granted the
approval about its findings.
Or. en
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Amendment 53
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
Text proposed by the Commission
Amendment
The approval authority referred to in
paragraph 1 shall carry out an evaluation in
relation to the vehicle, system, component
or separate technical unit concerned
covering all the requirements laid down in
this Regulation. The relevant economic
operators shall cooperate fully with the
approval and market surveillance
authorities.
The approval authority referred to in
paragraph 1 shall carry out an evaluation in
relation to the vehicle, system, component
or separate technical unit concerned
covering all the requirements laid down in
this Regulation. The relevant economic
operators shall cooperate fully with the
approval and market surveillance
authorities and shall give them access
without delay to any information
required.
Or. en
Amendment 54
Proposal for a regulation
Article 49 – paragraph 3
Text proposed by the Commission
Amendment
3.
The relevant approval authority
shall inform the Commission and the other
Member States of the results of the
evaluation referred to in paragraph 1 and
the action required of the economic
operator.
3.
The relevant approval authority
shall inform the European Authority and
the other Member States of the results of
the evaluation referred to in paragraph 1
and the action required of the economic
operator.
Or. en
Amendment 55
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
The national authorities shall inform the
Commission and the other Member States
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European Authority and the other Member
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without delay of the restrictive measures
taken in accordance with Article 49(1) and
(5).
States without delay of the restrictive
measures taken in accordance with Article
49(1) and (5).
Or. en
Amendment 56
Proposal for a regulation
Article 52 – title
Text proposed by the Commission
Amendment
Compliant vehicles, systems, components
or separate technical units that present a
serious risk to safety or serious harm to
health and the environment
Compliant vehicles, systems, components
or separate technical units that present a
serious risk to the environment, health and
safety
Or. en
Amendment 57
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
Where, having performed an evaluation
under Article 49(1), a Member State finds
that vehicles, systems, components or
separate technical units, although they
comply with the applicable requirements or
are properly marked, present a serious risk
to safety or may seriously harm the
environment or public health, it shall
require the relevant economic operator to
take all appropriate corrective measures to
ensure that the vehicle, system, component
or separate technical unit concerned, when
placed on the market, registered or entered
into service, no longer presents that risk, or
it shall take restrictive measures to
withdraw the vehicle, system, component
or separate technical unit from the market
or to recall it within a reasonable period,
Where, having performed an evaluation
under Article 49(1), a Member State finds
that vehicles, systems, components or
separate technical units, although they
comply with the applicable requirements or
are properly marked, present a serious risk
to safety, the environment or health, it shall
require the relevant economic operator to
take all appropriate corrective measures to
ensure that the vehicle, system, component
or separate technical unit concerned, when
placed on the market, registered or entered
into service, no longer presents that risk, or
it shall take restrictive measures to
withdraw the vehicle, system, component
or separate technical unit from the market
or to recall it within a reasonable period,
depending on the nature of the risk.
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depending on the nature of the risk.
Or. en
Amendment 58
Proposal for a regulation
Article 52 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
The Member State may refuse to register
such vehicles until the economic operator
has taken all appropriate corrective
measures.
The Member State shall refuse to register
such vehicles until the economic operator
has taken all appropriate corrective
measures.
Or. en
Amendment 59
Proposal for a regulation
Article 63 – paragraph 3 a (new)
Text proposed by the Commission
Amendment
3a.
The European Authority, when
either carrying out its own activities or
coordinating national market surveillance
activities, shall make public the list of
motor vehicles and their trailers, and of
systems, components and separate
technical units, that are found not to meet
safety, health and environment standards,
as well as the manufacturers thereof.
Such lists shall be accessible to the public
free of charge.
Or. en
Amendment 60
Proposal for a regulation
Article 65 – paragraph 2 a (new)
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Text proposed by the Commission
Amendment
2a.
Access to OBD information shall
also be facilitated for users in order to
encourage the development of new
technologies such as connected plugs,
which help in the monitoring of the
environment (fuel consumption and CO2
emissions, for instance), health (NOx
emissions) and safety standards
throughout the life-cycle of a vehicle.
Or. en
Amendment 61
Proposal for a regulation
Article 72 – paragraph 1 – point b
Text proposed by the Commission
Amendment
(b)
category B: supervision of the tests
referred to in this Regulation and in the
acts listed in Annex IV, where those tests
are performed in the manufacturer’s
facilities or in the facilities of a third party;
(b)
category B: supervision before and
during the tests referred to in this
Regulation and in the acts listed in Annex
IV, where those tests are performed in the
manufacturer’s facilities or in the facilities
of a third party; this category of tests is
subject to a derogation on economic
grounds. Category B tests shall not be
permitted in the case of whole-vehicle
type-approvals;
Or. en
Amendment 62
Proposal for a regulation
Article 72 – paragraph 2
Text proposed by the Commission
Amendment
2.
A Member State may designate an
approval authority as a technical service
for one or more of the categories of
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activities referred to in paragraph 1.
Where an approval authority is designated
as a technical service and is financed by a
Member State, or is subject to managerial
and financial control by that Member
State, Articles 72 to 85 and Appendices 1
and 2 to Annex V shall apply.
Or. en
Amendment 63
Proposal for a regulation
Article 72 – paragraph 3
Text proposed by the Commission
Amendment
3.
A technical service shall be
established under the national law of a
Member State and have legal personality,
except for an accredited in-house technical
service of a manufacturer, as referred to in
Article 76.
3.
A technical service shall be
established under the national law of a
Member State and shall have legal
personality. It shall include an accredited
in-house technical service of a
manufacturer, as referred to in Article 76.
Or. en
Amendment 64
Proposal for a regulation
Article 73 – paragraph 2 – subparagraph 2
Text proposed by the Commission
Amendment
An organisation or body belonging to a
business association or professional
federation representing undertakings that
are involved in the design,
manufacturing, supply or maintenance of
the vehicles, systems, components or
separate technical units that it assesses,
tests or inspects, may be considered as
fulfilling the requirements of the first
subparagraph, provided that its
independence and the absence of any
conflict of interest are demonstrated to the
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designating approval authority of the
relevant Member State.
Or. en
Amendment 65
Proposal for a regulation
Article 76 – paragraph 1
Text proposed by the Commission
Amendment
1.
An in-house technical service of a
manufacturer may be designated for
category A activities as referred to in
Article 72(1)(a) only with regard to the
regulatory acts listed in Annex XV. An inhouse technical service shall constitute a
separate and distinct part of the
manufacturer’s company and shall not be
involved in the design, manufacturing,
supply or maintenance of the vehicles,
systems, components or separate technical
units that it assesses.
1.
An in-house technical service of a
manufacturer may be designated for
category A activities as referred to in
Article 72(1)(a) only with regard to the
regulatory acts listed in Annex XV. An inhouse technical service shall constitute in
law a separate and distinct part of the
manufacturer’s company and shall not be
involved in the design, manufacturing,
supply or maintenance of the vehicles,
systems, components or separate technical
units that it assesses.
Or. en
Amendment 66
Proposal for a regulation
Article 76 – paragraph 2 – point d a (new)
Text proposed by the Commission
Amendment
(da) it shall be audited on a regular
basis in accordance with the procedures
laid down in Article 77.
Or. en
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Amendment 67
Proposal for a regulation
Article 76 – paragraph 4
Text proposed by the Commission
Amendment
4.
The Commission shall be
empowered to adopt delegated acts in
accordance with Article 88 to amend
Annex XV to take account of technical
and regulatory developments by updating
the list of regulatory acts and restrictions
contained therein.
deleted
Or. en
Amendment 68
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
Text proposed by the Commission
Amendment
Before designating a technical service, the
type-approval authority shall assess it in
accordance with an assessment check-list
that covers at least the requirements listed
in Appendix 2 of Annex V. The assessment
shall include an on-site assessment of the
premises of the applying technical service,
and, where relevant, of any subsidiary or
sub-contractor, located inside or outside
the Union.
Before designating a technical service, the
type-approval authority shall assess it in
accordance with a harmonised assessment
which conclusively establishes the checklist that covers at least the requirements
listed in Appendix 2 of Annex V. The
assessment shall include an on-site
assessment of the premises of the applying
technical service, and, where relevant, of
any subsidiary or sub-contractor, located
inside or outside the Union.
Or. en
Amendment 69
Proposal for a regulation
Article 77 – paragraph 12
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EN
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Text proposed by the Commission
Amendment
12.
The approval authority that
intends to be designated as a technical
service in accordance with Article 72(2)
shall document compliance with the
requirements of this Regulation through
an assessment conducted by independent
auditors. Those auditors shall not belong
to the same approval authority and shall
comply with the requirements laid down
in Appendix 2 of Annex V.
deleted
Or. en
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