Index 
Texts adopted
Tuesday, 4 April 2017 - StrasbourgFinal edition
Characteristics for fishing vessels ***I
 Approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ***I
 Palm oil and deforestation of rainforests
 Women and their roles in rural areas
 Inquiry into emission measurements in the automotive sector

Characteristics for fishing vessels ***I
PDF 243kWORD 45k
Resolution
Text
European Parliament legislative resolution of 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council defining characteristics for fishing vessels (recast) (COM(2016)0273 – C8-0187/2016 – 2016/0145(COD))
P8_TA(2017)0096A8-0376/2016

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0273),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0187/2016),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 19 October 2016(1),

–  having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2),

–  having regard to the letter of 17 October 2016 from the Committee on Legal Affairs to the Committee on Fisheries in accordance with Rule 104(3) of its Rules of Procedure,

–  having regard to its previous resolutions, in particular its resolution of 22 November 2012 on small-scale coastal fishing, artisanal fishing and the reform of the common fisheries policy(3),

–  having regard to the provisional agreement approved by the responsible committee under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 15 February 2017 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 104 and 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries (A8-0376/2016),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1.  Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 4 April 2017 with a view to the adoption of Regulation (EU) 2017/... of the European Parliament and of the Council defining characteristics for fishing vessels (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2017/1130.)

(1) OJ C 34, 2.2.2017, p. 140.
(2) OJ C 77, 28.3.2002, p. 1.
(3) OJ C 419, 16.12.2015, p. 167.


Approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles ***I
PDF 1127kWORD 175k
Amendments adopted by the European Parliament on 4 April 2017 on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (COM(2016)0031 – C8-0015/2016 – 2016/0014(COD))(1)
P8_TA(2017)0097A8-0048/2017

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 1
(1)  The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. Internal market rules should be transparent, simple and consistent, thus providing legal certainty and clarity for the benefit of businesses and consumers.
(1)  The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. Internal market rules should be transparent, simple, consistent and effective, thus providing legal certainty and clarity for the benefit of businesses and consumers.
Amendment 2
Proposal for a regulation
Recital 4
(4)  In that assessment it was concluded, however, that there is a need to introduce market surveillance provisions to complement the type-approval requirements, a need to clarify the recall and safeguard procedures, as well as the conditions for granting extensions to approvals for existing types of vehicle, a need to improve the enforcement of the type-approval framework by harmonising and enhancing the type-approval and conformity of production procedures applied by Member States’ authorities and technical services, a need to clarify the roles and responsibilities of economic operators in the supply chain, and of the authorities and parties involved in the enforcement of the framework, and a need to improve the suitability of alternative type-approval schemes (national small series and individual vehicle approvals) and of the multi-stage type-approval process to provide appropriate flexibility for niche markets and SMEs, without however distorting the level playing field.
(4)  In that assessment it was concluded, however, that there is a need to introduce market surveillance provisions to complement the type-approval requirements, a need to clarify the recall and safeguard procedures, as well as the conditions for granting extensions to approvals for existing types of vehicle, a need to improve the enforcement of the type-approval framework by harmonising and enhancing the type-approval and conformity of production procedures applied by Member States’ authorities and technical services, a need to clearly delineate the roles and responsibilities of economic operators in the supply chain, and of the authorities and parties involved in the enforcement of the framework, ensuring that those roles and responsibilities do not overlap, guaranteeing the independence of the aforementioned operators, authorities and parties, and preventing conflicts of interest, and a need to improve the suitability of alternative type-approval schemes (national small series and individual vehicle approvals) and of the multi-stage type-approval process to provide appropriate flexibility for niche markets and SMEs, without however distorting the level playing field.
Amendment 3
Proposal for a regulation
Recital 5
(5)  In addition, recent problems encountered with the implementation of the type-approval framework have revealed particular weaknesses and demonstrate the need for a fundamental revision to ensure a robust, transparent, predictable and sustainable regulatory framework that provides a high level of safety and of health and environmental protection.
(5)  In addition, recent problems encountered with the implementation of the type-approval framework have revealed particular weaknesses and demonstrate the need for further strengthening of that regulatory framework to ensure that it is robust, transparent, predictable and sustainable and provides a high level of safety and of health and environmental protection.
Amendment 4
Proposal for a regulation
Recital 5 a (new)
(5a)   As consumer protection is a priority of the Union, manufacturers of vehicles circulating in the Union should be required to submit those vehicles for testing before being placed on the market and during their lifetime. Member States and the Commission should be guarantors of this double surveillance, the one being able to act where the other fails to do so.
Amendment 5
Proposal for a regulation
Recital 5 b (new)
(5b)   The Union should do all it can to prevent cheating by car manufacturers designed to manipulate pollution emission and fuel consumption tests in order to produce false results or circumvent any other rules. Such manipulation should stop once and for all.
Amendment 6
Proposal for a regulation
Recital 5 c (new)
(5c)   This Regulation seeks to address the slow pace of vehicle recall operations in the Union. The existing procedure does not guarantee effective protection of European citizens, unlike the US procedure, which allowed action to be taken quickly. From this perspective, it is essential to allow the Commission to require economic operators to take all necessary restrictive measures, including the recall of vehicles, in order that non-conforming vehicles, systems, components or other separate technical units are brought into line with this Regulation.
Amendment 7
Proposal for a regulation
Recital 5 d (new)
(5d)   If an irregularity is detected in vehicles in circulation which is contrary to the initial authorisation rules and/or puts consumer safety at risk or exceeds pollution limits, it is in the interests of European consumers to be able to count on rapid, appropriate and coordinated corrective measures, including, where necessary, vehicle recall applicable throughout the Union. Member States should provide the Commission with all the information in their possession so that it can take appropriate, rapid action to defend the integrity of the single market.
Amendment 8
Proposal for a regulation
Recital 6
(6)  This Regulation sets out the harmonised rules and principles for the type-approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, and the individual vehicle approval, with a view to ensuring the proper functioning of the internal market for the benefit of businesses and consumers and to offer a high level of safety and protection of health and the environment.
(6)  This Regulation sets out the harmonised rules and principles for the type-approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, and the individual vehicle approval, with a view to ensuring the consistent application of high-quality standards for verifying conformity of production, enabling the internal market to function properly for the benefit of businesses and, with full and proper regard for the rights of consumers, whilst offering a high level of safety and protection of health and the environment.
Amendment 9
Proposal for a regulation
Recital 7
(7)  This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring an adequate level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively.
(7)  This Regulation lays down the substantive technical and administrative type-approval requirements for motor vehicles of categories M and N and their trailers (category O), and for the systems, components and separate technical units intended for such vehicles with a view to ensuring a high level of safety and environmental performance. These categories cover motor vehicles for the carriage of passengers, motor vehicles for the carriage of goods, and their trailers, respectively.
Amendment 10
Proposal for a regulation
Recital 7 a (new)
(7a)  This Regulation should ensure reliable, harmonised and transparent type-approval and market surveillance procedures in the Member States.
Amendment 11
Proposal for a regulation
Recital 7 b (new)
(7b)  This Regulation should ensure that the national type-approval authorities interpret, apply and enforce its requirements across the Union. The Commission should be empowered to oversee the work of the national authorities by means of regular audits, re-tests of random samples of the type-approvals issued and general monitoring of the harmonised application of this Regulation.
Amendment 12
Proposal for a regulation
Recital 8 a (new)
(8a)  For the purposes of compliance with this Regulation, regard should be had to the provisions of Directive 2014/45/EU of the European Parliament and of the Council1a .
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1a Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
Amendment 13
Proposal for a regulation
Recital 9
(9)  An effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by, inter alia, providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities . The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to assure their consistent application. The assessment methods of technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services.
(9)  Effective implementation of the type-approval requirements should be ensured by enhancing the provisions on conformity of production by giving better access to information, by firmly framing optimisation techniques during lab testing, by paying particular attention to the risk of illegal defeat devices the use of which is forbidden by Regulation (EC) No 715/2007 of the European Parliament and of the Council1a, by providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing and harmonising the requirements relating to the competence, obligations and performance of the technical services that carry out tests for whole-vehicle type-approval under the responsibility of type-approval authorities. The proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens' confidence in the system. The criteria for designation of technical services provided by Directive 2007/46/EC should be laid down in greater detail in order to ensure that they are applied consistently across all Member States. The methods of assessing technical services in the Member States have a tendency to progressively differ due to the increased complexity of their work. Therefore, it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of Member States' practices for the assessment, designation, notification and monitoring of their technical services. Those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services. In order to ensure adequate oversight and a level playing-field across the Union, the assessment of an applicant technical service should include an on-site assessment and observation at first hand of the actual type-approval tests carried out.
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1a 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).
Amendment 14
Proposal for a regulation
Recital 10
(10)  The need for control and monitoring of technical services by the designating authorities has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
(10)  The need for certification, control and monitoring of technical services has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. Due to the wide differences in interpretation of the current implementation of directive 2007/46/EC and the application of its provisions in the course of the type-approval procedure, considerable differences between technical services exist. The certification, control and monitoring should therefore be harmonised and increased to ensure a level playing field within the European single market. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 15
Proposal for a regulation
Recital 12
(12)  In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should cooperate with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist.
(12)  In order to increase transparency and mutual trust and to further align and develop the criteria for the assessment, designation, and notification of technical services, as well as extension and renewal procedures, Member States should establish cooperation mechanisms with each other and with the Commission. They should consult each other and the Commission on questions with general relevance for the implementation of this Regulation and inform each other and the Commission on their model assessment checklist. This Regulation establishes an online database, which together with the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council1a, could provide a useful electronic means to facilitate and enhance administrative cooperation managing the exchange of information on the basis of simple and unified procedures. For this purpose, the Commission should consider making use of existing online databases such as ETAES or Eucaris.
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1a Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).
Amendment 16
Proposal for a regulation
Recital 12 a (new)
(12a)  Current problems in the area of type-approval have brought to light major weaknesses in existing national systems of market surveillance and control of type-approval. It is therefore necessary, as an immediate response to the failures thus revealed, to empower the Commission to undertake appropriate supervisory tasks.
Amendment 17
Proposal for a regulation
Recital 13
(13)  Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council12, accreditation bodies and designating authorities should exchange information relevant for the assessment of the competence of technical services.
(13)  Where designation of a technical service is based on accreditation in the meaning of Regulation (EC) No 765/2008 of the European Parliament and of the Council12, accreditation bodies and designating authorities should ensure that technical services are competent and independent.
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12 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
12 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 18
Proposal for a regulation
Recital 14
(14)  The Member States should levy fees for the designation and monitoring of technical services to ensure sustainability of the monitoring of those technical services by Member States and to establish a level playing field for technical services. In order to ensure transparency, the Member States should inform the Commission and the other Member States before they adopt the level and structure of the fees.
deleted
Amendment 19
Proposal for a regulation
Recital 14 a (new)
(14a)  Member States should ensure that fees are not paid directly to the technical service by the economic operator for the costs of type approvals and market surveillance activities. This provision should not restrict the ability for economic operators to choose the technical service that they wish to use for those activities.
Amendment 20
Proposal for a regulation
Recital 17
(17)  The independence of technical services vis-à-vis manufacturers should be ensured, including by avoiding direct or indirect payments by the manufacturers for the type-approval inspections and tests they have carried out. Therefore the Member States should establish a type-approval fee structure that should cover the costs for carrying out all type-approval tests and inspections carried out by the technical services designated by the type-approval authority, as well as the administrative costs for issuing the type-approval and the costs for carrying out ex-post compliance verification tests and inspections.
deleted
Amendment 21
Proposal for a regulation
Recital 17 a (new)
(17a)  In order to allow market forces to work, technical services should apply the rules for the type-approval procedures in all transparency and uniformly, without creating unnecessary burden for economic operators. To guarantee a high level of technical expertise and a fair treatment of all economic operators, a uniform technical application of the rules for the type-approval procedures should be ensured. Within the Forum established by this Regulation, type-approval authorities should exchange information on the functioning of the different technical services which they certified.
Amendment 22
Proposal for a regulation
Recital 18
(18)  A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type-approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities is regularly verified by means of peer-reviews, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. Moreover, it is important to provide for the verification of the correctness of the type approval itself.
(18)  A robust compliance enforcement mechanism is necessary in order to ensure that the requirements under this Regulation are met. Ensuring compliance with the type-approval and conformity of production requirements of the legislation governing the automotive sector should remain the key responsibility of the approval authorities, as it is an obligation closely linked to the issuing of the type-approval and requires detailed knowledge of its content. It is therefore important that the performance of approval authorities be subject to regular supervisory controls at Union level, including independent audits, to ensure that a uniform level of quality and stringency is applied by all approval authorities in enforcing the type-approval requirements. Moreover, it is important to provide for EU-level verification by an independent third party of the correctness of the type approval itself.
Amendment 23
Proposal for a regulation
Recital 19 a (new)
(19a)  Type approval authorities and market surveillance authorities should not be linked when carrying out their tasks, so as to avoid potential conflicts of interest. In this regard, these authorities should be organised as distinct entities in accordance with the structure of the national administration and should not share members of staff or facilities in accordance with the structures and competences of national authorities.
Amendment 24
Proposal for a regulation
Recital 19 b (new)
(19b)  The Forum for Enforcement should provide a platform for the exchange of information and independent analysis to support improvements to the functioning and implementation of this Regulation. In the course of the exchange the Commission might have reason to consider that one or more type approval authorities are not in compliance with the requirements of this Regulation. In such instances the Commission should be able to take all necessary measures to ensure compliance, including the issuance of guidelines, recommendations or other instruments and recourse to other procedures, with due regard to proportionality. In cases of serious breach, the Commission should be able to require the withdrawal or suspension of the ability of the authority to accept applications for new type approvals, in order to safeguard a high level of consumer and environmental protection.
Amendment 25
Proposal for a regulation
Recital 21
(21)  It is necessary to include rules on market surveillance in this Regulation in order to reinforce the rights and obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities and to clarify the applicable procedures.
(21)  It is fundamental to include rules on market surveillance in this Regulation in order to reinforce the rights and obligations of the national competent authorities, to ensure effective coordination of their market surveillance activities and to clarify the applicable procedures.
Amendment 26
Proposal for a regulation
Recital 21 a (new)
(21a)  It is necessary that the market surveillance authorities and the type-approval authorities can properly perform the tasks provided for by this Regulation. To this end, Member States should in particular equip them with the resources necessary for that purpose.
Amendment 27
Proposal for a regulation
Recital 22
(22)  In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities and the Commission, type approval documentation should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data.
(22)  In order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities, approval authorities, the Commission and third parties, disclosure of vehicle and testing information is necessary to carry out such checks. Relevant information for repair and maintenance purposes should be provided in electronic format and be made publicly available, subject to exemptions due to protection of commercial interests and the protection of personal data. The information to be disclosed for these purposes should not be such as to undermine confidentiality of proprietary information and intellectual property.
Amendment 28
Proposal for a regulation
Recital 23 a (new)
(23a)  Third parties who perform their own testing and verification of compliance of vehicles with the requirements of this Regulation should satisfy principles of transparency and openness, including with regard to ownership and funding structures and models. Those third parties should also comply with the same requirements as imposed on designated technical services as regards the scientific and methodological standards applied in the conduct of tests they carry out.
Amendment 29
Proposal for a regulation
Recital 24
(24)  Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence.
(24)  Those more specific obligations for national authorities provided in this Regulation should include ex-post compliance verification testing and inspections of a sufficient number of vehicles placed on the market. The selection of the vehicles to be subject to this ex-post compliance verification should be based on an appropriate risk assessment which takes account of the seriousness of the possible non-compliance and the likelihood of its occurrence. Moreover, it should be based on clear and detailed criteria and should include, inter alia, random percentage checks on all current models, on vehicles with a new engine or technology installed, on vehicles with high or very low fuel consumption and on vehicles with a very high sales volume. Furthermore, it should take into account any past history of compliance, tips from consumers, results of remote sensing testing and concerns expressed by independent research bodies.
Amendment 30
Proposal for a regulation
Recital 24 a (new)
(24a)   It is essential for the Commission to be able to verify conformity with type-approvals and with the legislation applicable to vehicles, systems, components and separate technical units and to ensure the regularity of type-approvals by organising, carrying out or requiring to be carried out tests and inspections of vehicles, systems, components and separate technical units which have already been placed on the market.
Amendment 31
Proposal for a regulation
Recital 25 a (new)
(25a)  Third parties who perform their own testing and verification of compliance of vehicles with the requirements of this Regulation should satisfy principles of transparency and openness, including with regard to ownership and funding structures and models. Those third parties should also follow a similar approach to that of the designated technical services by complying with the same standards when conducting and interpreting tests.
Amendment 32
Proposal for a regulation
Recital 25 b (new)
(25b)  Market surveillance should also take into account a risk-based approach, with focus on inter alia data obtained from roadside remote monitoring units, complaints, reports from periodic technical inspection, expected life-span and previously identified problem vehicles, systems, components and separate technical units.
Amendment 33
Proposal for a regulation
Recital 25 c (new)
(25c)  In order to verify vehicle emissions, market surveillance authorities should inter alia make use of remote sensing technology to help identify which aspects such as high levels of air or noise pollution, of which vehicle models, should be subject to further investigation. When doing so, the authorities should cooperate and coordinate their activities with authorities responsible for periodic technical inspections pursuant to Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles.
Amendment 347
Proposal for a regulation
Recital 25 d (new)
(25d)  For the purpose of supporting Member States in detecting defeat devices, the Commission published, on 26 January 2017, Guidance on the evaluation of Auxiliary Emission Strategies and the presence of Defeat Devices. Consistent with the provisions of that Guidance, the test activities of the Commission, type-approval authorities and technical services for the purpose of detecting defeat devices should remain non-predictable in character, also including variations beyond prescribed testing conditions and parameters, in order to effectively detect defeat devices.
Amendment 34
Proposal for a regulation
Recital 26
(26)  In order to ensure a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units should continue to be harmonised and adapted to technical and scientific progress.
(26)  In order to ensure a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental and public health protection, the technical requirements and environmental standards applicable to vehicles, systems, components and separate technical units should continue to be harmonised and adapted to technical and scientific progress.
Amendment 35
Proposal for a regulation
Recital 26 a (new)
(26a)  In order to ensure and continually improve a high level of vehicle functional safety, the protection of vehicle's occupants and other road users, and environmental protection, the introduction of new technologies based on technical and scientific progress should be facilitated. This should be done by limiting the required test and documentation for granting EU type approval of such technologies.
Amendment 36
Proposal for a regulation
Recital 27
(27)  The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service.
(27)  The objectives of this Regulation should not be affected by the fact that certain systems, components, separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market, registered or entered into service. Appropriate measures should therefore be taken to ensure that the systems, components, separate technical units or parts and equipment that can be fitted to or in vehicles and that can impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market, registered or entered into service.
Amendment 37
Proposal for a regulation
Recital 29
(29)  Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification by means of independent periodic audits. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.
(29)  Conformity of production is one of the cornerstones of the EU type-approval system, and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose, and be subject to regular verification. In addition, approval authorities should ensure the verification of the continued conformity of the products concerned.
Amendment 38
Proposal for a regulation
Recital 30
(30)  The continued validity of the type-approvals requires that the manufacturer informs the authority that has approved his type of vehicle about any changes to the characteristics of the type or the safety and environmental performance requirements applicable to that type. It is therefore important that the validity of issued type-approval certificates is limited in time and that those certificates can only be renewed when the approval authority has verified and is satisfied that the type of vehicle continues to comply with all the applicable requirements. Furthermore, the conditions for extending type-approvals should be clarified to ensure a uniform application of the procedures and enforcement of the type-approval requirements throughout the Union.
(30)  The continued validity of the type-approvals requires that the manufacturer informs the authority that has approved his type of vehicle about any changes to the characteristics of the type or the safety and environmental performance requirements applicable to that type. It is therefore important that the validity of issued type-approval certificates is limited in time and that those certificates can only be renewed when the approval authority has verified and is satisfied that the type of vehicle continues to comply with all the applicable requirements. Furthermore, the conditions for extending type-approvals should be clarified to ensure a uniform application of the procedures and enforcement of the type-approval requirements throughout the Union. However, because of the nature of some systems, components and separate technical units, for example rear view mirrors, windscreen wipers and tyres, those requirements are more static. In other cases, for example those systems which are related to emissions management, there may be a need to limit the period of validity, as is the case for vehicles. Therefore, the power should be delegated to the Commission to establish a list of the systems, components and separate technical units affected by a limited period of validity.
Amendment 39
Proposal for a regulation
Recital 31
(31)  The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm.
(31)  The assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level, but coordination at Union level should be ensured where the reported risk or harm may exist beyond the territory of one Member State with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm. Particular attention must be given to replacement equipment, systems and technical units that affect the environmental impact of the exhaust system and these must be subject to authorisation requirements where appropriate.
Amendment 40
Proposal for a regulation
Recital 33
(33)  Appropriate flexibility should be provided by means of alternative type-approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type-approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production. It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages.
(33)  Appropriate flexibility should be provided by means of alternative type-approval schemes for manufacturers who produce vehicles in small series. They should be able to benefit from the advantages of the Union internal market provided that their vehicles comply with the specific EU type-approval requirements for vehicles produced in small series. In certain limited cases, it is appropriate to allow for national small series type-approval. In order to prevent misuse, any simplified procedure for vehicles produced in small series should be restricted to cases of very limited production in accordance with this Regulation. It is therefore necessary to define precisely the concept of vehicles produced in small series in terms of the number of vehicles produced, the requirements to be complied with and the conditions for placing those vehicles on the market. It is equally important to specify an alternative approval scheme for individual vehicles, in particular to provide sufficient flexibility for the approval of vehicles built in multiple stages.
Amendment 41
Proposal for a regulation
Recital 35 a (new)
(35a)  In order to ensure effective competition on the market for vehicle repair and maintenance information services, and in order to clarify that the information concerned also covers information which needs to be provided to independent operators other than repairers, so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly, it is necessary to set out the details of the information to be provided for the purposes of access to vehicle repair and maintenance information.
Amendment 42
Proposal for a regulation
Recital 36 a (new)
(36a)  Since there is currently no common structured process for the exchange of vehicle component data between vehicle manufacturers and independent operators, it is appropriate to develop principles for such an exchange of data. A future common structured process on the standardised format of the data exchanged should be developed by the European Committee for Standardization (CEN) formally, where upon the mandate given to CEN does not predetermine the level of detail this standard will provide. The CEN's work should, in particular, reflect the interests and needs of vehicle manufacturers and independent operators alike and should also investigate solutions such as open data formats described by well-defined meta-data to accommodate existing IT infrastructures.
Amendment 43
Proposal for a regulation
Recital 37 a (new)
(37a)  In order to ensure effective competition on the market for vehicle repair and maintenance information services, it is to be emphasised that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.
Amendment 44
Proposal for a regulation
Recital 37 b (new)
(37b)  Without prejudice to vehicle manufacturers' obligation to provide repair and maintenance information via their website, the access to in-vehicle data, should remain directly and independently accessible to independent operators.
Amendment 45
Proposal for a regulation
Recital 40
(40)  Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission annually, to monitor the coherence of the implementation of these provisions.
(40)  Member States should lay down rules on penalties for the infringements of this Regulation and ensure that those rules are implemented. Those penalties should be effective, proportionate and dissuasive. Member States shall report the imposed penalties to the Commission regularly using the online database, to monitor the coherence of the implementation of these provisions.
Amendment 46
Proposal for a regulation
Recital 40 a
(40a)  The falsification of test results should be deemed to have occurred when those results cannot be empirically verified by the relevant authority when all testing parameters are replicated or taken into account.
Amendment 47
Proposal for a regulation
Recital 40 b (new)
(40b)  Administrative fines levied by the Commission could be used for the purposes of market surveillance measures and for measures to support persons negatively affected by infringements of this Regulation or other such activities to the benefit of affected consumers and, where appropriate, environmental protection.
Amendment 48
Proposal for a regulation
Recital 40 c (new)
(40c)  In cases of non-conformity the consumer may face personal damage or damage to their own property. In such cases the consumer should be entitled to pursue compensation under relevant legislation addressing defective products or non-conforming goods, including Council Directive 85/374/EEC1a, Directive 1999/44/EC of the European Parliament and of the Council1b and Directive 2006/114/EC of the European Parliament and of the Council1c as applicable. In addition, the consumer may rely on remedies founded in contractual law, as applicable according to the law of their Member State.
_____________
1a Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
1b Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).
1c Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21).
Amendment 49
Proposal for a regulation
Recital 45 a (new)
(45a)  In order to ensure effective competition on the market for vehicle repair and maintenance information services, it should be clarified that the information concerned also covers information which needs to be provided to independent operators other than repairers, and in a format which allows further electronic processing so as to ensure that the independent vehicle repair and maintenance market as a whole can compete with authorised dealers, regardless of whether the vehicle manufacturer gives such information to authorised dealers and repairers directly.
Amendment 50
Proposal for a regulation
Article 2 – paragraph 3 – introductory part
3.  For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the substantive requirements of this Regulation:
3.  For the following vehicles and machinery, the manufacturer may apply for type-approval or individual vehicle approval under this Regulation, provided that those vehicles fulfil the requirements of this Regulation:
Amendment 51
Proposal for a regulation
Article 2 – paragraph 3 – point b
(b)  vehicles designed and constructed for use by the armed services, civil defence, fire services and forces responsible for maintaining public order;
(b)  vehicles designed and constructed for use by the armed services, civil defence, fire services, disaster management bodies and forces responsible for maintaining public order;
Amendment 52
Proposal for a regulation
Article 3 – introductory part
For the purposes of this Regulation, the following definitions shall apply:
For the purposes of this Regulation and the regulatory acts of the Union listed in Annex IV, save as otherwise provided therein, the following definitions apply:
Amendment 53
Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2)  ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety or any other aspect of public interest protection;
(2)  ‘market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles, systems, components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant Union legislation and do not endanger health, safety, the environment or any other aspect of public interest protection including consumer rights;
Amendment 54
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7a)  ‘original parts or equipment’ means parts or equipment which are manufactured according to the specifications and production standards provided by the vehicle manufacturer for the production of parts of equipment for the assembly of the vehicle in question; they include parts or equipment which are manufactured on the same production line as these parts of equipment; unless the contrary is proven, it is presumed that parts constitute original parts if the manufacturer certifies that the parts match the quality of the components used for the assembly of the vehicle in question and have been manufactured according to the specifications and production standards of the vehicle manufacturer;
Amendment 55
Proposal for a regulation
Article 3 – paragraph 1 – point 9
(9)  ‘manufacturer’ means a natural or legal person who is responsible for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or the individual vehicle approval, or the authorisation process for parts and equipment, for ensuring conformity of production and for market surveillance matters regarding that vehicle, system, component, separate technical unit, part and equipment produced, irrespective of whether that person is or is not directly involved in all stages of the design and construction of that vehicle, system, component or separate technical unit concerned;
(9)  ‘manufacturer’ means a natural or legal person who is responsible for complying with the administrative provisions and technical requirements that apply in order to obtain type-approval of a vehicle, system, component or separate technical unit, or the individual vehicle approval, or the authorisation process for parts and equipment, and for ensuring conformity of production, as well as for facilitating compliance with market surveillance provisions regarding that vehicle, system, component, separate technical unit, part and equipment produced, irrespective of whether that person is or is not directly involved in all stages of the design and construction of that vehicle, system, component or separate technical unit concerned;
Amendment 56
Proposal for a regulation
Article 3 – paragraph 1 – point 16
16.  ‘registration’ means the permanent or temporary administrative authorisation for the entry into service in road traffic of a vehicle, including the identification of the vehicle and the issuing of a serial number;
16.  ‘registration’ means the administrative authorisation for the entry into service in road traffic of a vehicle, involving the identification of the latter and the issuing to it of a serial number, known as the registration number, whether on a permanent or temporary basis, including for a short period of time;
Amendment 57
Proposal for a regulation
Article 3 – paragraph 1 – point 35
(35)  ‘type of vehicle’ means a particular category of vehicles that shares at least the essential criteria specified in Part B of Annex II, and that may contain variants and versions as referred thereto;
(35)  ‘type of vehicle’ means a particular group of vehicles that shares at least the essential criteria specified in Part B of Annex II, and that may contain variants and versions as referred thereto;
Amendment 58
Proposal for a regulation
Article 3 – paragraph 1 – point 37
(37)  ‘base vehicle’ means any vehicle that is used at the initial stage of a multi-stage type-approval;
(37)  ‘base vehicle’ means any vehicle that is used at the initial stage of a multi-stage type-approval irrespective of whether it is a motor vehicle;
Amendment 59
Proposal for a regulation
Article 3 – paragraph 1 – point 42
(42)  ‘individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle, whether unique or not, satisfies the relevant administrative provisions and technical requirements for EU individual vehicle approval and national individual vehicle approval;
(42)  ‘individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle, whether unique or not, satisfies the relevant administrative provisions and technical requirements for EU individual vehicle approval or national individual vehicle approval;
Amendment 60
Proposal for a regulation
Article 3 – paragraph 1 – point 46
(46)  ‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting, periodic monitoring, repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is provided by the manufacturer to his authorised dealers and repairers, including all subsequent amendments and supplements to that information;
(46)  ‘vehicle repair and maintenance information’ means all information required for diagnosing, servicing, inspecting, road worthiness testing, repairing, re-programming or re-initialising of a vehicle as well as for the fitting on vehicles of parts and equipment, and that is used or provided by the manufacturer, including his authorised partners, dealers, repairers and network, to offer products or services for vehicle repair and maintenance purposes, including all subsequent amendments and supplements to that information;
Amendment 61
Proposal for a regulation
Article 3 – paragraph 1 – point 55
(55)  ‘on-site assessment’ means a verification by the type-approval authority in the premises of the technical service or of one of its subcontractors or subsidiaries;
(55)  ‘on-site assessment’ means a verification in the premises of the technical service or of one of its subcontractors or subsidiaries;
Amendment 62
Proposal for a regulation
Article 3 – paragraph 1 – point 56 a (new)
(56a)  'defeat device' means any functional element of design, when functioning accordingly, that prevents the vehicle's approved control and monitoring systems from being efficient and effective as well as prevents compliance with the approval requirements under the whole spectrum of real-world driving conditions.
Amendment 63
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the categorisation of vehicle sub-categories, types of vehicle and types of bodywork in order to adapt it to technical progress.
The Commission is empowered to adopt delegated acts in accordance with Article 88 to amend Annex II concerning the types of vehicle and types of bodywork in order to adapt it to technical progress.
Amendment 64
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2 a (new)
Member States shall ensure that type-approval authorities and market surveillance authorities adhere to a strict separation of roles and responsibilities and function independently from each other.
Amendment 65
Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a.  Where more than one approval authority is responsible for vehicle type-approval including individual vehicle type-approval in a Member State, that Member State shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the fulfilment of the obligations laid down in Chapter XV of this Regulation.
Amendment 66
Proposal for a regulation
Article 6 – paragraph 4
4.  Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008.
4.  Member States shall organise and carry out market surveillance and controls of vehicles, systems, components or separate technical units entering the market, in accordance with Chapter III of Regulation (EC) No 765/2008 with the exception of Article 18(5) thereof.
Amendment 67
Proposal for a regulation
Article 6 – paragraph 5
5.  Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
5.  Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators on their territory and take the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 68
Proposal for a regulation
Article 6 – paragraph 6
6.  The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers.
6.  The Member States shall periodically review and assess the functioning of their type-approval activities, including the conformity of the type-approvals issued with this Regulation. Such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other Member States, the European Parliament and the Commission. The results shall be discussed by the Forum established under Article 10. The Member State concerned shall make a full report of the results accessible to the public, which shall include in particular the number of type-approvals granted or rejected, the subject of the type-approval certificate, and the identity of the corresponding manufacturers and technical services responsible for overseeing the type approval tests.
Amendment 69
Proposal for a regulation
Article 6 – paragraph 7
7.  The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public.
7.  The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other Member States, to the European Parliament and to the Commission. The results shall be discussed by the Forum established under Article 10. The Member State concerned shall make a summary of the results publically available, which shall include in particular the number of vehicles, systems, components or separate technical units subject to testing or other assessment. The summary shall include a list of those vehicles, systems, components or separate technical units that are found not to be in compliance with the requirements of this Regulation, if any, the identity of the corresponding manufacturers, and a short description of the nature of the non-compliance.
Amendment 70
Proposal for a regulation
Article 6 – paragraph 7 a (new)
7a.  The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by laying down the common criteria to appoint, review and assess the approval authorities and the market surveillance authorities at national level.
Amendment 71
Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a.  Approval authorities shall implement and enforce the requirements of this Regulation in a uniform and consistent manner to ensure a level playing field and to avoid application of divergent standards across the Union. They shall fully cooperate with the Forum and the Commission in its audit and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 72
Proposal for a regulation
Article 7 – paragraph 2
2.  Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union.
2.  Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets of economic operators, subject to the obligation of information laid down in Article 9(3) in order to protect the interests of users in the Union in accordance with applicable law.
Amendment 73
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1
A Member State where more than one approval authority is responsible for vehicle approval including individual vehicle approval, shall designate a unique type approval authority responsible for the exchange of information with the approval authorities of the other Member States and for the obligations laid down in Chapter XV of this Regulation.
deleted
Amendment 74
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Approval authorities within a Member State shall cooperate with each other by sharing information relevant to their role and functions.
Approval authorities within a Member State shall put in place procedures to ensure efficient and effective coordination, as well as efficient and effective information sharing relevant to their role and functions.
Amendment 75
Proposal for a regulation
Article 7 – paragraph 3 a (new)
3a.  Where an approval authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification.
Amendment 76
Proposal for a regulation
Article 7 – paragraph 5
5.  The Commission may adopt implementing acts to lay down the common criteria to appoint, review and assess the approval authorities at national level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
deleted
Amendment 77
Proposal for a regulation
Article 8 – paragraph 1
1.  Market surveillance authorities shall perform regular checks to verify compliance of vehicles, systems, components and separate technical units with the requirements set out in this Regulation as well as with the correctness of the type approvals. Those checks shall be performed on an adequate scale, by means of documentary checks and real-drive and laboratory tests on the basis of statistically relevant samples. When doing so, market surveillance authorities shall take account of established principles of risk assessment, complaints and other information.
1.  Market surveillance authorities shall perform regular tests and inspections in accordance with national annual programmes approved in accordance with paragraphs 2 and 3 to verify that vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation. Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks. Member States shall carry out tests or inspections on an annual basis on a number of types which shall total at least 20% of the number of types placed on the market in that Member State in the previous year. When doing so, market surveillance authorities shall take account of established principles of risk assessment, substantiated complaints and other relevant information, including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing.
Amendment 78
Proposal for a regulation
Article 8 – paragraph 1 a (new)
1a.  Market surveillance authorities may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the market surveillance authority. Where technical services are used for the purposes of this Article, market surveillance authorities shall ensure that a different technical service is used from the technical service that performed the original type approval test.
Amendment 79
Proposal for a regulation
Article 8 – paragraph 1 b (new)
1b.  Market surveillance authorities shall prepare and submit a national market surveillance programme for approval by the Commission on an annual or multi-annual basis. Member States may together submit joint programmes or actions.
The national market surveillance programmes shall include at least the following information:
(a)  the scale and scope of planned market surveillance activities;
(b)  details of how market surveillance activities will be carried out, including information on the use of documentary, physical and laboratory checks, and how it reflects the principles of risk assessment, and how it addresses substantiated complaints, high volumes of specific vehicle models in use of their territory, and their parts, first application of new engine or technology, reports from periodic technical inspections and other relevant information, including from economic operators or testing results published by recognised third parties;
(c)  a summary of actions taken in the previous programme, including relevant statistical data on the scale of activities carried out, follow-up actions taken and the results thereof. In the case of a multi-annual programme, a summary of actions shall be prepared and presented on an annual basis to the Commission and the Forum for Enforcement; and
(d)  details of financing arrangements notified under Article 30(4) and the human resources dedicated to market surveillance, and their adequacy regarding planned market surveillance activities.
Amendment 80
Proposal for a regulation
Article 8 – paragraph 2
2.  Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities.
2.  Market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities. This shall include access to software, algorithms, engine control units and any other technical specifications that are deemed to be necessary by the market surveillance authorities.
Amendment 81
Proposal for a regulation
Article 8 – paragraph 3
3.  For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity presented by economic operators.
3.  For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity, type-approval marks or type-approval certificates presented by economic operators.
Amendment 82
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of hazards they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage.
Market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of non-compliance they have identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall be made available on the website of the market surveillance authority in plain and understandable language.
Amendment 83
Proposal for a regulation
Article 8 – paragraph 5
5.  Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and where applicable the relevant approval authority.
5.  Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component and separate technical unit from the market in accordance with Article 49(5), they shall inform the economic operator concerned and the relevant approval authority.
Amendment 84
Proposal for a regulation
Article 8 – paragraph 5 a (new)
5a.  Where a market surveillance authority finds that a vehicle, system, component or separate technical unit is not in conformity with this Regulation, it shall notify the Commission and the other Member States without delay. The Commission shall notify the members of the Forum for Enforcement immediately upon receipt of this notification.
Amendment 85
Proposal for a regulation
Article 8 – paragraph 6
6.  Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality where necessary in order to protect commercial secrets, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
6.  Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets of the economic operators, subject to the obligation of information laid down in Article 9(3) to the fullest extent necessary in order to protect the interests of users in the European Union.
Amendment 86
Proposal for a regulation
Article 8 – paragraph 7
7.  The Member States shall periodically review and assess the functioning of their surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. The Member State concerned shall make a summary of the results accessible to the public.
deleted
Amendment 87
Proposal for a regulation
Article 8 – paragraph 8
8.  The market surveillance authorities of different Member States shall coordinate their market surveillance activities, cooperate with each other and share with each other and with the Commission the results thereof. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.
deleted
Amendment 88
Proposal for a regulation
Article 8 – paragraph 9
9.  Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall cooperate with each other, by sharing information relevant to their role and functions.
9.  Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall put in place procedures to ensure efficient and effective coordination, as well as efficient and effective information sharing relevant to their role and functions.
Amendment 89
Proposal for a regulation
Article 8 – paragraph 10
10.  The Commission may adopt implementing acts to lay down the criteria for setting out the scale, scope and frequency with which the compliance verification checks of samples taken referred to in paragraph 1 have to be performed. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
deleted
Amendment 90
Proposal for a regulation
Article 8 – paragraph 10 a (new)
10a.  Market surveillance authorities shall make publically available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and the Commission. The Commission shall forward this report to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any.
Amendment 91
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
The Commission shall organise and carry out, or require to be carried out, on an adequate scale, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals.
The Commission shall organise and carry out, or require to be carried out, on an adequate scale with due regard to agreed national programmes of market surveillance activities approved under Article 8, tests and inspections of vehicles, systems, components and separate technical units already made available on the market, with a view to verifying that those vehicles, systems, components and separate technical units conform to the type approvals and to applicable legislation.
The tests and inspections organised and carried out, or mandated by the Commission shall address the issue of in-service conformity of vehicles, systems, components and separated technical units.
Those tests and inspections shall be performed by means of, inter alia, laboratory tests and real-driving emissions tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks.
When doing so, the Commission shall take account of established principles of risk assessment, substantiated complaints and other relevant information, including testing results published by recognised third parties, new technologies on the market and reports from periodic technical inspections and on-road remote sensing.
Amendment 92
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
Without prejudice to the first subparagraph, when the Commission, based on information provided by Member States, a request made by one member of the Forum for Enforcement or testing results published by recognised third parties, considers that a Member State is not properly fulfilling its type-approval or market surveillance obligations stemming from this Regulation, the Commission shall organise and carry out itself, or require to be carried out, tests and inspections of vehicles, systems, components and separate technical units already made available on the market.
Amendment 93
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 b (new)
The Commission may rely on independent testing organisations to perform the technical tasks, such as tests or inspections. The responsibility for the results remains with the Commission. Where technical services are designated for the purposes of this Article, the Commission shall ensure that a different technical service is used from the technical service that performed the original type approval test.
Amendment 94
Proposal for a regulation
Article 9 – paragraph 2
2.  Manufacturers holding type-approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period the Commission may require.
2.  Manufacturers holding type-approvals or the economic operators shall, upon request, supply to the Commission a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Those vehicles, systems, components and separate technical units shall be supplied for testing at the time and place and for the period that the Commission may, depending on the situation, require.
Amendment 95
Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a.  The Member States shall give all necessary assistance and provide all documentation and other technical support that Commission experts require in order to enable them to carry out tests, checks and inspections. The Member States shall ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties.
Amendment 96
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall make available to the Commission all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
For the purpose of enabling the Commission to carry out the testing referred to in paragraphs 1 and 2, Member States shall immediately make available to the Commission all data related to the type-approval of the vehicle, systems, components and separate technical units subject to compliance verification testing. Those data shall include at least the information included in the type-approval certificate and its attachments referred to Article 26(1).
Amendment 97
Proposal for a regulation
Article 9 – paragraph 4
4.  Vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties. The Commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
4.  Vehicle manufacturers shall make available free of charge and without undue delay data which are needed for the purpose of compliance verification testing by recognised third parties. That data shall include all parameters and settings that are necessary to accurately replicate the test conditions that were applied at the time of the type-approval testing. All such data provided shall be treated with respect for the legitimate protection of business information. The Commission shall adopt implementing acts in order to define the data to be made available and the conditions for doing so, including those for the provision of access to such information via the online database referred to in Article 10a, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union legal acts and national legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 98
Proposal for a regulation
Article 9 – paragraph 4 a (new)
4a.  The Commission shall organise and carry out joint audits of the type approval authorities and national market surveillance authorities to verify that they implement, in a consistent manner, the requirements of this Regulation and carry out their duties in an independent and rigorous manner. Following consultation with the Forum, the Commission shall adopt an annual plan of joint audits, which shall take into account the results of prior reviews when determining frequency of assessment. In cases where the Commission has reason to consider that a type approval authority does not fulfil its obligations under this Regulation, the Commission may require joint audits to be carried out on an annual basis.
Amendment 99
Proposal for a regulation
Article 9 – paragraph 4 b (new)
4b.  In order to perform this task, the Commission shall have recourse to independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. The auditors shall observe confidentiality in order to protect commercial secrets in accordance with the applicable law. The Member States shall give all necessary assistance and shall provide all the documentation and support that auditors request in order to enable them to carry out their duties. The Member States shall ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties. Upon request, a Member State may be entitled to send an observer to a joint audit organised under this Article. Those observers shall not influence any decisions related to the outcome of the joint audit.
Amendment 100
Proposal for a regulation
Article 9 – paragraph 4 c (new)
4c.  The outcome of the joint audit shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10.
Amendment 101
Proposal for a regulation
Article 9 – paragraph 4 d (new)
4d.  The Member State concerned shall provide information to the Commission and the other Member States on how it has addressed the recommendations arising from the joint audit referred to in paragraph 4c.
Amendment 102
Proposal for a regulation
Article 9 – paragraph 4 e (new)
4e.  The Commission may request further information from Member States and their national type approval authorities and market surveillance authorities where they have reason to believe following examination within the Forum that there are cases of non-compliance with this Regulation. Member States and their respective authorities shall provide such information without undue delay.
Amendment 103
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall inform the approval authority or authorities concerned as well as the Forum for Exchange of Information on Enforcement.
Where those tests and inspections put into question the correctness of the type approval itself, the Commission shall immediately inform the approval authority or authorities concerned as well as the Member States and the members of the Forum for Enforcement.
Amendment 104
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2 a (new)
The Commission shall take appropriate measures to alert users within the Union, including the relevant type approval authorities, within an adequate timeframe, to any non-compliance that it has identified relating to any vehicle, system, component and separate technical unit so as to prevent or reduce the risk of injury or other damage. This information shall also be made available on the website of relevant market surveillance authorities in plain and understandable language.
Amendment 105
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of its findings following any compliance verification testing it has carried out.
The Commission shall make publically available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and to the members of the Forum for Enforcement. The report shall contain details of the vehicles, systems, components or separate technical units that are assessed and the identity of the corresponding manufacturer, and a short description of the findings, including the nature of the non-compliance, if any, and, where appropriate, recommend follow-up actions to Member States.
Amendment 106
Proposal for a regulation
Article 10 – paragraph 1
1.  The Commission shall establish and chair a Forum for Exchange of Information on Enforcement (‘the Forum’).
1.  The Commission shall establish, chair and manage a Forum for Enforcement (‘the Forum’).
Amendment 107
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
This Forum shall be composed of members appointed by the Member States.
This Forum shall be composed of members appointed by the Member States, including their type-approval and market surveillance authorities.
Whenever appropriate, and at least once a year, the Forum shall also invite observers to its meetings. The invited observers shall include representatives of the European Parliament, technical services, recognised third party testing organisations, representatives of industry or other relevant economic operators, safety and environment NGOs and consumer groups. Observers invited to meetings of the Forum shall constitute a broad, representative and balanced range of Union and national bodies representing relevant stakeholders.
Amendment 108
Proposal for a regulation
Article 10 – paragraph 1 a (new)
1a.  The Commission shall publish on its website the calendar of meetings, the agenda and minutes, including a record of attendance.
Amendment 109
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1
The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance.
The Forum shall coordinate a network of the national authorities responsible for the type-approval and market surveillance in order to facilitate the implementation of this Regulation, in particular with regard to requirements regarding the assessment, designation and monitoring of designated bodies and the general application of the requirements laid down in this Regulation.
Amendment 110
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Its advisory tasks shall comprise inter alia the promotion of good practices, the exchange of information on enforcement problems, cooperation, development of working methods and tools, development of an electronic information exchange procedure, evaluation of harmonised enforcement projects, penalties and joint inspections.
Its tasks shall comprise:
(a)  the consideration of substantiated complaints, evidence or other relevant information presented by recognised third parties of possible non-compliance;
(b)  the joint discussion and assessment of the national market surveillance programmes following their submission to the Commission;
(c)  the exchange of information with regard to new technologies available or due to become available on the market;
(d)  the assessment of the results of reviews, both those under Article 6(6) and those following a joint audit under Article 71(8), of the functioning of type approval authorities;
(e)  the review of the results of assessments of the functioning of market surveillance;
(f)  the assessment of the results of assessments, both under Article 80(3a) and following a joint assessment under Article 80(4), of the functioning of technical services; and
(g)  the assessment, at least every two years, of the effectiveness of enforcement activities, including, where relevant, the consistency and effectiveness of any repair, recall or penalty applied by Member States where the non-compliance affected vehicles, systems, components or separate technical units placed on the market in more than one Member State.
Amendment 111
Proposal for a regulation
Article 10 – paragraph 2 a (new)
2a.  Where, following examination within the Forum, the Commission has reason to believe that there are cases of non-compliance with this Regulation, the Commission may request further information from Member States and their national type approval authorities and market surveillance authorities. Member States and their respective authorities shall provide such information without undue delay
Amendment 112
Proposal for a regulation
Article 10 – paragraph 2 b (new)
2b.  The Commission shall make publically available a report on the activities of the Forum on an annual basis. This report shall include detailed explanation of the issues under its consideration, actions arising from those deliberations and the reasoning behind those actions, including in the event that no actions are foreseen. Each year the Commission shall present the report of the activities of the Forum to the European Parliament.
Amendment 113
Proposal for a regulation
Article 10 – paragraph 2 c (new)
2c.  If the Commission demonstrates that a type approval authority concerned has breached any of the requirements of this Regulation following a joint audit, it shall immediately inform the Member States, the European Parliament and the Commission. The Commission may take all necessary measures to address non-compliance. In certain cases, and having due regard to the nature of the non-compliance, the Commission shall be empowered to suspend or withdraw the authority for the concerned approval authority to accept applications for EU type approval certificates under Article 21.
Amendment 114
Proposal for a regulation
Article 10 – paragraph 2 c – subparagraph 1 a (new)
Within two months after having suspended or withdrawn such authority under paragraph 3, the Commission shall submit a report on its findings regarding the non-compliance to the Member States. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the Commission shall instruct the concerned approval authorities to suspend or withdraw, within a reasonable period of time, any certificates which were unduly issued.
Amendment 115
Proposal for a regulation
Article 10 a (new)
Article 10a
Online database
1.  The Commission shall establish an online database for the secure electronic exchange of information related to type-approval procedures, authorisations issued, market surveillance and other relevant activities between national type approval authorities, market surveillance authorities, Member States and the Commission.
2.  The Commission shall be responsible for coordination of access and receipt of regular updates with relevant authorities and data security and confidentiality relating to records maintained in the database.
3.  Member States shall submit information required under Article 25 to the database. In addition, Member States shall supply details of the vehicle identification number of registered vehicles and the vehicle registration number allocated to a vehicle in accordance with Council Directive 1999/37/EC1a and shall provide the Commission with updates on a regular basis. This information shall be available in a searchable format.
4.  The Commission shall establish an interface between the database and the EU Rapid Warning System (RAPEX) and the Information and Communication System on Market Surveillance (ICSMS), in order to facilitate market surveillance activities and ensure coordination, consistency and accuracy of the information provided to consumers and third parties.
5.  The Commission shall also establish a publicly accessible interface which shall include the information contained in Annex IX and details of the approval authority issuing the type approval certificate under Article 24 and technical services who have performed tests required under Article 28. The Commission shall ensure that that information is presented in a searchable format.
The Commission shall also provide for access to information necessary for verification testing, in accordance with the implementing acts adopted under Article 9(4).
6.  As part of the database, the Commission shall develop a tool to upload third party test results and complaints about the performance of vehicles, systems, components and other technical units. Information submitted via that tool shall be taken into account in relation to market surveillance activities provided for in Articles 8 and 9.
7.  In order to test the suitability of using the IMI for the purpose of exchanging information on the basis of this Article, a pilot project shall be launched by ... [3 months after the entry into force of this Regulation].
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1a Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).
Amendment 116
Proposal for a regulation
Article 11 – paragraph 1
1.  The manufacturer shall ensure that the vehicles, systems, components or separate technical units that he has manufactured and that have been placed on the market, or entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation.
1.  The manufacturer shall ensure that the vehicles, systems, components or separate technical units that are placed on the market or have entered into service have been manufactured and approved in accordance with the requirements set out in this Regulation and that they continue to comply with those requirements regardless of the testing method used.
Amendment 117
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 a (new)
The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production regardless of testing method used.
Amendment 118
Proposal for a regulation
Article 11 – paragraph 4
4.  For the purposes of EU type-approval, a manufacturer established outside the Union shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval.
4.  For the purposes of EU type-approval, a manufacturer of vehicles, systems, components or separate technical units, established outside the Union, shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same representative appointed for the purposes of EU type-approval.
Amendment 119
Proposal for a regulation
Article 11 – paragraph 4 a (new)
4a.  When applying for EU type approval, the manufacturer shall ensure that the design of the vehicles, systems, components or separate technical units does not incorporate strategies or other means that unnecessarily alter the performance exhibited during applicable test procedures when those vehicles, systems, components or separate technical units are operated under conditions that might reasonably be expected to be encountered in normal operation and use.
The manufacturer shall disclose any engine management strategies which might be deployed, either through hardware or software means. The manufacturer shall disclose all relevant information regarding such management strategies, including the software used, parameters of any such strategies and the technical justification as to why they are necessary.
Amendment 120
Proposal for a regulation
Article 11 – paragraph 5
5.  The manufacturer shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production, whether or not he is directly involved in all stages of the construction of a vehicle, system, component or separate technical unit.
deleted
Amendment 121
Proposal for a regulation
Article 11 – paragraph 6 a (new)
6a.  The manufacturer shall, to protect the environment, health and safety of consumers, investigate and keep a register of complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he placed on the market and keep his importers and distributors informed of such monitoring.
If the number of complaints and non- conformities concerning safety or emission related equipment exceed 30 cases or 1 per cent of the total of vehicles, which ever value is lower, systems, components, separate technical units, parts or equipment of a particular type, variant and/or version that have been placed on the market, detailed information shall be sent to the relevant approval authority responsible for the vehicle, system, component, separate technical unit, part or equipment as well as to the Commission without delay.
The information shall contain a description of the issue and details necessary to identify the affected type, variant and version of the vehicle, system, component, separate technical unit, part or equipment. This early warning data shall be used for identifying potential trends in consumer complaints and investigating the need for manufacturer initiated recalls and market surveillance activities by Member States and the Commission.
Amendment 122
Proposal for a regulation
Article 11 – paragraph 7 a (new)
7a.  The manufacturer shall ensure that the vehicle user, upon prior information, agrees to the processing and transmission of all data being generated while using the vehicle in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1a. Where the data-processing and forwarding is not mandatory for the safe functioning of the vehicle, the manufacturer shall ensure that the vehicle user has the option of disconnecting the data transfer and that he or she is able to do it easily.
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1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 123
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate.
Where a manufacturer considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis of incorrect data, the manufacturer shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate.
Amendment 124
Proposal for a regulation
Article 12 – paragraph 2
2.  Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.
2.  Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide detailed information on the non-conformity and risk and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.
Amendment 125
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
The manufacturer shall keep the information package referred to in Article 24(4) for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system, component or separate technical unit.
The manufacturer shall keep the information package referred to in Article 24(4) and in addition the vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34 for a period of ten years after the end of the validity of the EU type-approval for a vehicle and for a period of five years after the end of the validity of the EU type-approval for a system, component or separate technical unit.
Amendment 126
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2
The vehicle manufacturer shall keep at the disposal of the approval authorities a copy of the certificates of conformity referred to in Article 34.
deleted
Amendment 127
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
The manufacturer shall, upon a reasoned request from a national authority, provide that authority, through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, in a language that can be easily understood by the national authority.
The manufacturer shall, upon a reasoned request from a national authority or the Commission, provide that authority or the Commission, through the approval authority, with a copy of the EU type-approval certificate or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component or separate technical unit, part or equipment in a language that can be easily understood.
Amendment 128
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
The manufacturer shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
The manufacturer shall, following a reasoned request from a national authority or the Commission, cooperate with that authority or Commission on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 129
Proposal for a regulation
Article 13 – title
Obligations of manufacturer’s representatives concerning market surveillance
Obligations of manufacturer’s representatives
Amendment 130
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
1.  The manufacturer’s representative for market surveillance shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following:
1.  The manufacturer’s representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall provide for that representative to do at least the following:
Amendment 131
Proposal for a regulation
Article 13 – paragraph 1 – point a
(a)  have access to the information folder referred to in Article 22 and the certificate of conformity referred to in Article 34 in one of the official Union languages. Such documentation shall be made available to the approval authorities for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system, component or separate technical unit;
(a)  have access to the type-approval certificate and its attachments and the certificate of conformity in one of the official Union languages. Such documentation shall be made available to the approval authorities and the market surveillance authorities for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system, component or separate technical unit;
Amendment 132
Proposal for a regulation
Article 13 – paragraph 1 – point b
(b)  following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit;
(b)  following a reasoned request from an approval authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit, including any technical specifications at type approval and access to software and algorithms;
Amendment 133
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
3.  The details of a change shall address at least the following aspects:
3.  The details of a change to the mandate shall address at least the following aspects:
Amendment 134
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that an information package referred to in Article 24(4) has been put together by the approval authority, and that the system, component or separate technical unit bears the required type-approval mark and complies with Article 11(7).
Before placing on the market a type-approved vehicle, system, component or separate technical unit, the importer shall verify that it is covered by a valid type-approval certificate and that the component or separate technical unit bears the required type-approval mark and complies with Article 11(7).
Amendment 135
Proposal for a regulation
Article 14 – paragraph 3
3.  Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular that it does not correspond to its type-approval, he shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, he shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.
3.  Where the importer considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular where it does not correspond to its type-approval, the importer shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity. Where he considers that the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, he shall also inform the approval authority that has granted the type-approval.
Amendment 136
Proposal for a regulation
Article 14 – paragraph 6
6.  The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such monitoring.
6.  The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints, non-conformities and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such complaints and recalls.
Amendment 137
Proposal for a regulation
Article 14 – paragraph 6 a (new)
6a.  The importer shall immediately inform the relevant manufacturer about complaints and reports relating to risks, to suspected incidents, or to non-conformity relating to vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market.
Amendment 138
Proposal for a regulation
Article 15 – paragraph 1
1.  Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take 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.
1.  Where a vehicle, system, component or separate technical unit that has been placed on the market by the importer is not in conformity with this Regulation, the importer shall immediately take the appropriate measures necessary to bring that vehicle, system, component or separate technical unit into conformity under the manufacturer's control, to withdraw it from the market or to recall it, as appropriate. The importer shall also inform the manufacturer and the type-approval authority that has granted the type-approval.
Amendment 139
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market.
Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market presents a serious risk, the importer shall immediately provide detailed information on the serious risk to the manufacturer and the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been placed on the market.
Amendment 140
Proposal for a regulation
Article 16 – paragraph 1
A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively.
1.   A distributor shall verify, before making available on the market, registering or entering into service of a vehicle, system, component or separate technical unit, that that vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, required by Article 63, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 11(7) and Article 14(4) respectively.
2.  The distributer shall, to protect the environment, health and safety of consumers, investigate complaints and non-conformities of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market. Furthermore, all complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the importer or manufacturer without delay.
Amendment 141
Proposal for a regulation
Article 17 – paragraph 1
1.  Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, he shall not make available on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity.
1.  Where the distributor considers that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, the distributor shall inform the manufacturer, the importer and the type-approval authority that has granted the type-approval of that fact and shall not place on the market, register or enter into service the vehicle, system, component or separate technical unit until it has been brought into conformity.
Amendment 142
Proposal for a regulation
Article 17 – paragraph 2
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 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).
2.  Where the distributor 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, the distributor shall inform the manufacturer, the importer and the type-approval authority that has granted the type-approval in order 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).
Amendment 143
Proposal for a regulation
Article 17 – paragraph 3
3.  Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details, in particular of the serious risk and of corrective measures taken by the manufacturer.
3.  Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the distributor shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval and market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market. The distributor shall also inform them of any action taken and give details of corrective measures taken by the manufacturer.
Amendment 144
Proposal for a regulation
Article 17 – paragraph 4
4.  The distributor shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
4.  The distributor shall, following a reasoned request from a national authority or the Commission, cooperate with that authority or the Commission on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that he has made available on the market.
Amendment 145
Proposal for a regulation
Article 20 – paragraph 2
2.  For system type-approval, component type-approval and separate technical unit type-approval only the single-step type-approval is applicable.
2.  Without prejudice to the requirements of the regulatory acts listed in Annex IV, for system type-approval, component type-approval and separate technical unit type-approval, only the single-step type-approval is applicable.
Amendment 146
Proposal for a regulation
Article 20 – paragraph 4
4.  The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, even where granted for a different category of vehicle.
4.  The EU type-approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements, in accordance with the procedures laid down in Annex XVII. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, including where granted for a different category of vehicle. It shall also include a check that the performance of the systems that were granted type-approval separately are still in conformity with those type-approvals after they have been incorporated into a whole vehicle.
Amendment 147
Proposal for a regulation
Article 20 – paragraph 5
5.  The choice of type-approval referred to in paragraph 1 shall not affect the applicable substantive requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval.
5.  The choice of type-approval referred to in paragraph 1 shall not affect the all applicable requirements with which the approved type of vehicle has to comply with at the time of issuing of the whole-vehicle type-approval.
Amendment 148
Proposal for a regulation
Article 20 – paragraph 6 a (new)
6a.  The manufacturer shall make available to the approval authority as many vehicles, components or separate technical units as are required under the relevant regulatory acts for the performance of the required tests.
Amendment 149
Proposal for a regulation
Article 21 – paragraph 2
2.  Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only.
2.  Only one application may be submitted in respect of a particular type of vehicle, system, component or separate technical unit and in one Member State only. Once the application is submitted the manufacturer shall not be permitted to interrupt the procedure and to submit another application for the same type to another approval authority or to another technical services. Furthermore, if the type-approval is refused or the test fails in a technical service the manufacturer shall not be permitted to submit another application for the same type to another approval authority or to another technical service.
Amendment 150
Proposal for a regulation
Article 22 – paragraph 1 – point a
(a)  an information document, as set out in Annex I for single-step or mixed type-approval or in Annex III for step-by-step type-approval;
(a)  an information document, as set out in Annex I for single-step or mixed whole-vehicle type-approval or in Annex III for step-by-step whole-vehicle type-approval or in the relevant regulatory acts in case of the approval of a system, component or separate technical unit;
Amendment 151
Proposal for a regulation
Article 22 – paragraph 1 – point d
(d)  any additional information requested by the approval authority in the context of the application procedure.
(d)  any additional information requested by the approval authority in the context of the type-approval procedure.
Amendment 152
Proposal for a regulation
Article 22 – paragraph 2
2.  The information folder shall be supplied in an electronic format to be provided by the Commission but may also be supplied on paper.
2.  The information folder shall be supplied in an electronic format.
Amendment 153
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports, required pursuant to the applicable acts listed in Annex IV.
An application for a step-by-step type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the complete set of EU type-approval certificates, including the test reports and documents containing information, required pursuant to the regulatory acts listed in Annex IV.
Amendment 154
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the applicable acts listed in Annex IV, the approval authority shall have access to the information folder until the whole-vehicle type-approval is either issued or refused.
In case of an application for a system type-approval, component type-approval or separate technical unit type-approval, pursuant to the regulatory acts listed in Annex IV, the approval authority shall have access to the information folder and information documents until the whole-vehicle type-approval is either issued or refused.
Amendment 155
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports, required pursuant to the applicable acts listed in Annex IV.
An application for a mixed type-approval shall, in addition to the information folder referred to in Article 22, be accompanied by the EU type-approval certificates, including the test reports and information documents, required pursuant to the regulatory acts listed in Annex IV.
Amendment 156
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point a
(a)  in the first stage, those parts of the information folder and the EU type-approval certificates that are relevant to the state of completion of the base vehicle;
(a)  in the first stage, those parts of the information folder and the EU type-approval certificates and test reports, that are relevant to the state of completion of the base vehicle;
Amendment 157
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point b
(b)  in the second and subsequent stages, those parts of the information folder and the EU type-approval certificates that are relevant to the current stage of completion, together with a copy of the EU type-approval certificate for the vehicle issued at the preceding stage of construction and full details of any changes or additions that the manufacturer has made to the vehicle.
(b)  in the second and subsequent stages, those parts of the information folder and the EU type-approval certificates that are relevant to the current stage of completion, together with a copy of the EU whole-vehicle type-approval certificate for the vehicle issued at the preceding stage of construction and full details of any changes or additions that the manufacturer has made to the vehicle.
Amendment 158
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
The information specified in points (a) and (b) may be supplied in accordance with Article 22(2).
The information specified in points (a) and (b) shall be supplied in accordance with Article 22(2).
Amendment 159
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
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 the software, hardware and algorithms of the vehicle, together with documentation or other information allowing an appropriate and relevant level of understanding of the systems, including the systems development process and systems concept, and functions of such software and hardware which enable the vehicle to comply with the requirements of this Regulation.
During the period of validity of the EU type-approval, access shall be granted to the software, hardware and algorithms of the vehicle in order to allow verification that the requirements of this Regulation are complied with during periodic inspection. After the expiration of the type approval certificate and in the event of non-renewal of that certificate, the access shall continue to be granted upon request. The information to be disclosed for those particular purposes is not to be such as to undermine the confidentiality of proprietary information and intellectual property. The manufacturer shall communicate to the approval authority and the technical service - in a standardised form - the version of the software governing safety-related systems and components and settings or other calibrations applied to emissions-related systems and components at the time of the application for type-approval. In order to detect subsequent unlawful changes to the software, the technical service shall be entitled to mark the software by setting corresponding parameters.
Amendment 160
Proposal for a regulation
Article 24 – paragraph 2 – point d
(d)  in the case of whole-vehicle type-approvals according to the step-by-step, mixed and multi-stage procedures, the approval authority shall verify, in accordance with Article 20(4), that the systems, components and separate technical units are covered by separate type-approvals pursuant to the requirements applicable at the time of granting the whole-vehicle type-approval.
(d)  in the case of whole-vehicle type-approvals according to the step-by-step, mixed and multi-stage procedures, the approval authority shall verify, in accordance with Article 20(4), that the systems, components and separate technical units are covered by separate valid type-approvals pursuant to the requirements applicable at the time of granting the whole-vehicle type-approval.
Amendment 161
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 2
The information package shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval.
The information package may be kept electronically and shall contain an index indicating clearly all the pages and the format of each document and recording chronologically the management of the EU type-approval.
Amendment 162
Proposal for a regulation
Article 24 – paragraph 5
5.  The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a serious risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
5.  The approval authority shall refuse to grant EU type-approval where it finds that a type of vehicle, system, component or separate technical unit, albeit in compliance with the applicable requirements, presents a risk to safety or may seriously harm the environment or public health. In that case, it shall immediately send to the approval authorities of the other Member States and to the Commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings.
Amendment 163
Proposal for a regulation
Article 24 – paragraph 6 – subparagraph 1
In accordance with Article 20(4) and (5), in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV.
In accordance with Article 20, in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant EU type-approval, where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation or in the acts listed in Annex IV.
Amendment 164
Proposal for a regulation
Article 25 – paragraph 1
1.  The approval authority shall, within one month of issuing or amending the EU type-approval certificate, send to the approval authorities of the other Member States and the Commission a copy of the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved. That copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file.
1.  The approval authority shall, within one month of issuing or amending the EU type-approval certificate, submit to the online database information comprising the EU type-approval certificate, together with the attachments, including the test reports referred to in Article 23, for each type of vehicle, system, component and technical unit that it has approved.
Amendment 165
Proposal for a regulation
Article 25 – paragraph 3
3.  Where requested by an approval authority of another Member State or the Commission, the approval authority that has issued an EU type-approval shall, within one month of receiving that request, send to the requesting approval authority a copy of the EU type-approval certificate, together with the attachments, by means of a common secure electronic exchange system or in the form of a secure electronic file.
deleted
Amendment 166
Proposal for a regulation
Article 25 – paragraph 4
4.  The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision.
4.  The approval authority shall without delay inform the approval authorities of the other Member States and the Commission of its refusal or withdrawal of any EU type-approval, stating the reasons for its decision. The approval authority shall also update this information on the online database.
Amendment 167
Proposal for a regulation
Article 26 – paragraph 1 – point d
(d)  in the case of a whole-vehicle type-approval, a filled-out specimen of the certificate of conformity.
(d)  in the case of a whole-vehicle type-approval, a filled-out specimen of the certificate of conformity of the vehicle type.
Amendment 168
Proposal for a regulation
Article 28 – paragraph 1
1.  Compliance with the technical requirements of this Regulation and of the regulatory acts listed in Annex IV shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in Annex IV, performed by designated technical services.
1.  For the purpose of EU type-approvals the approval authority shall verify compliance with the technical requirements of this Regulation and of the relevant regulatory acts listed in Annex IV by means of appropriate tests performed by designated technical services.
The format of the test reports shall comply with the general requirements laid down in Appendix 3 to Annex V.
Amendment 169
Proposal for a regulation
Article 28 – paragraph 2
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 relevant technical services and 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.
Amendment 170
Proposal for a regulation
Article 28 – paragraph 3 a (new)
3a.  The required tests shall be performed in accordance with the relevant regulatory acts listed in Annex IV. Where a range of values is provided for in the test procedures set out in the relevant regulatory acts, the technical services shall be able to set the parameters and conditions used to perform the appropriate tests referred to in paragraph 1. In the case of whole vehicle type-approval, the authorities shall ensure that the vehicles selected for testing represent the worst case with respect to compliance with the respective criteria and that the vehicles selected will not lead to the attainment of results that are systematically divergent from the performance when those vehicles are operated under conditions that might reasonably be expected to be encountered in normal operation and use.
Amendment 348
Proposal for a regulation
Article 28 – paragraph 3 b (new)
3b.  In order to verify compliance with Article 3(10) and Article 5(2) of Regulation (EC) No 715/2007, the Commission, type-approval authorities and technical services may diverge from the standard test procedures and range of values and shall modify conditions and parameters in a non-predictable manner, and in particular may also do so beyond the values and procedures prescribed in the regulatory acts listed in Annex IV.
Amendment 171
Proposal for a regulation
Article 29 – paragraph 2
2.  An approval authority that has granted a whole-vehicle type-approval shall verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct.
2.  An approval authority that has granted a whole-vehicle type-approval shall verify an adequate and statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 34 and 35 and shall verify that the data in the certificates of conformity are correct.
Amendment 172
Proposal for a regulation
Article 29 – paragraph 4
4.  In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities.
4.  In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The approval authority shall carry out the first of those checks within a year from the date of issue of the certificates of conformity. The approval authority shall carry out subsequent checks at least once a year at random intervals which it shall determine.
Amendment 173
Proposal for a regulation
Article 29 – paragraph 4 a (new)
4a.  When performing verification testing pursuant to paragraphs 2 and 4, an approval authority shall designate a different technical service from the one used during the original type-approval testing.
Amendment 174
Proposal for a regulation
Article 29 – paragraph 5
5.  An approval authority that has granted an EU type-approval and establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, or establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly or withdraw the type-approval.
5.  An approval authority that has granted an EU type-approval and that establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type, with the requirements of this Regulation or with the requirements of the regulatory acts listed in Annex IV, or that establishes that the certificates of conformity no longer comply with Articles 34 and 35, even though production is continued, shall take the necessary measures to ensure that the arrangements for conformity of production are followed correctly or withdraw the type-approval. The approval authority may decide to take all necessary restrictive measures in accordance with Articles 53 and 54.
Amendment 175
Proposal for a regulation
Article 30 – paragraph 1
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 out by the technical services they have designated.
1.  Member States shall ensure that the costs for their type-approval and market surveillance activities are covered. Member States may implement a fee-based structure or may finance such activities through their national budgets, or apply a combination of both methods. Fees shall not be levied directly by technical services.
Amendment 176
Proposal for a regulation
Article 30 – paragraph 2
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.  Where a fee-based structure is implemented, those national fees shall be levied on the manufacturers who have applied for type-approval in the Member State concerned. Where a fee-based structure applies to conformity of production, those national fees shall be levied by the Member State on the manufacturer in the Member State where the production takes place.
Amendment 177
Proposal for a regulation
Article 30 – paragraph 3
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 Commission shall ensure that the costs of the inspections and tests mandated by the Commission in accordance with Article 9 are covered. The general budget of the European Union shall be used for this purpose.
__________________
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).
Amendment 178
Proposal for a regulation
Article 30 – paragraph 4
4.  Member States shall notify the details of their national fee structure to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis.
4.  Member States shall notify the details of their financial mechanism or mechanisms to the other Member States and the Commission. The first notification shall be effected on [date of entry into force of this Regulation + 1 year]. Subsequent updates of the national fee structures shall be notified to the other Member States and to the Commission on a yearly basis.
Amendment 179
Proposal for a regulation
Article 30 – paragraph 5
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
Amendment 180
Proposal for a regulation
Article 31 – paragraph 5
5.  Where the approval authority finds that the changes in the particulars recorded in the information package are substantial, to the extent that they cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval.
5.  Where the approval authority finds that the changes in the particulars recorded in the information package cannot be covered by an extension of the existing type-approval, it shall refuse to amend the EU type-approval and shall request the manufacturer to apply for a new EU type-approval.
Amendment 181
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1 – point b a (new)
(ba)  the results of verification testing by either the Commission or the market surveillance authorities show any non-conformity with the Union safety or environmental legislation;
Amendment 182
Proposal for a regulation
Article 33 – paragraph 1
1.  Type-approvals for vehicles, systems, components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation. The expiry date shall be indicated in the type-approval certificate. After the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle, system, component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles, systems, components and separate technical units of that type.
1.  Type-approvals for vehicles of categories M1 and N1, and for systems, components and separate technical units listed in accordance with paragraph 1a, shall be issued for a limited period of seven years, and for vehicles of categories N2, N3, M2, M3 and O for a limited period of 10 years. The expiry date shall be indicated in the EU type-approval certificate.
Prior to the expiry of the type-approval certificate, it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle as a whole complies with all the requirements, including testing protocols, of the relevant regulatory acts for new vehicles of that approved type. Where the approval authority establishes that this subparagraph applies, it is not necessary for the tests referred to in Article 28 to be repeated.
In order to allow the approval authority to fulfil its tasks, the manufacturer shall submit his application at the earliest 12 months and at the latest six months before the expiry of the EU type-approval certificate.
Amendment 183
Proposal for a regulation
Article 33 – paragraph 1 a (new)
1a.  Type-approvals for systems, components and separate technical units shall in principle be issued for an unlimited period. Since certain systems, components and separate technical units might, by their nature or technical features, require more frequent updating, the relevant type approvals shall be issued for a limited period of seven years. The Commission is empowered to adopt delegated acts in accordance with Article 88 supplementing this Regulation by establishing a list of systems, components and separate technical units which, due to the nature of those systems, components and separate technical units, need to be issued for a limited period only.
Amendment 184
Proposal for a regulation
Article 33 – paragraph 2 – point b
(b)  where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis;
(b)  where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis, which shall in any event be deemed to have occurred when no vehicle of the type concerned has been produced in the previous two years;
Amendment 185
Proposal for a regulation
Article 34 – paragraph 4
(4)  The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to fully engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production.
(4)  The person(s) authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production.
Amendment 186
Proposal for a regulation
Article 36 – paragraph 3 a (new)
3a.  Economic operators shall only place on the market vehicles, components or separate technical units which are marked in a way that complies with this Regulation.
Amendment 187
Proposal for a regulation
Article 38 – paragraph 3
3.  Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
3.  Where the necessary steps to adapt the regulatory acts referred to in paragraph 1 have not been taken, the Commission may authorise the extension of the validity of the provisional EU type-approval by means of a decision and at the request of the Member State that granted the provisional EU type-approval. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 188
Proposal for a regulation
Article 40 – paragraph 2
2.  Member States may decide to exempt any type of vehicle referred to in paragraph 1 from one or more of the substantive requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements.
2.  Member States may decide to exempt any type of vehicle referred to in paragraph 1 from compliance with one or more of the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States lay down relevant alternative requirements.
Amendment 189
Proposal for a regulation
Article 40 – paragraph 2 a (new)
2a.  In addition, more flexibility shall be granted to SMEs with small production that are unable to meet the same time-constraint criteria as large manufacturers.
Amendment 190
Proposal for a regulation
Article 41 – paragraph 3 – subparagraph 2 a (new)
Where no objection has been raised within the period of three months referred to in the first sub-paragraph the national type-approval shall be considered to have been accepted.
Amendment 191
Proposal for a regulation
Article 42 – paragraph 1
1.  Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV.
1.  Member States shall grant an EU individual vehicle approval for a vehicle that complies with the requirements set out in Appendix 2 to Part I of Annex IV or, for special purpose vehicles, in Part III of Annex IV. This provision shall not apply to incomplete vehicles.
Amendment 192
Proposal for a regulation
Article 42 – paragraph 2
2.  An application for an EU individual vehicle approval shall be submitted by the manufacturer, or by the owner of the vehicle, or by the representative of the latter, provided that that representative is established within the Union.
2.  An application for an EU individual vehicle approval shall be submitted by the owner of the vehicle, the manufacturer, or by the representative of the manufacturer, provided that that representative is established within the Union.
Amendment 193
Proposal for a regulation
Article 43 – paragraph 1
1.  Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the substantive requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements.
1.  Member States may decide to exempt a particular vehicle, whether unique or not, from compliance with one or more of the provisions of this Regulation or with the requirements laid down in the regulatory acts listed in Annex IV, provided that those Member States impose relevant alternative requirements.
Amendment 194
Proposal for a regulation
Article 43 – paragraph 2
2.  An application for national individual vehicle approval shall be submitted by the manufacturer, or by the owner of the vehicle, or by the representative of the latter, provided that that representative is established within Union.
2.  An application for national individual vehicle approval shall be submitted by the owner of the vehicle, the manufacturer or by the representative of the manufacturer, provided that that representative is established within Union.
Amendment 195
Proposal for a regulation
Article 43 – paragraph 6 – subparagraph 1
The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information necessary to apply for the registration provided for in Council Directive 1999/37/EC28.
The format of the national individual vehicle approval certificate shall follow the template of the EU type-approval certificate set out in Annex VI and shall contain at least the information included in the template of the EU individual approval certificate set out in Annex VI.
__________________
28 Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).
Amendment 196
Proposal for a regulation
Article 44 – paragraph 3
3.  A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own.
3.  A Member State shall permit a vehicle for which another Member State has granted a national individual vehicle approval in accordance with Article 43 to be made available on the market, registered or entered into service, unless that Member State has reasonable grounds to believe that the relevant alternative requirements against which the vehicle has been approved are not equivalent to its own or that the vehicle does not comply with those requirements.
Amendment 197
Proposal for a regulation
Article 45 – paragraph 1
1.  The procedures set out in Articles 43 and 44 may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval.
1.  The procedures set out in Articles 42 and 43 may apply to a particular vehicle during the successive stages of its completion in accordance with a multi-stage type-approval. For vehicles approved in multi-stage type-approval Annex XVII shall apply.
Amendment 198
Proposal for a regulation
Article 45 – paragraph 2
2.  The procedures set out in Articles 43 and 44 may not replace an intermediate stage within the normal sequence of a multi-stage type- approval and may not apply for the purposes of obtaining the first-stage approval of a vehicle.
2.  The procedures set out in Articles 42 and 43 shall not replace an intermediate stage within the normal sequence of a multi-stage type- approval and shall not apply for the purposes of obtaining the first-stage approval of a vehicle.
Amendment 199
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2
Incomplete vehicles may be made available on the market or entered into service, but the national authorities responsible for vehicle registration may refuse the registration and the use on the road of such vehicles.
Incomplete vehicles may be made available on the market, but the national authorities responsible for vehicle registration may refuse the registration, the entry into service and the use on the road of such vehicles.
Amendment 201
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 2
The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been made available on the market nor registered or entered into service before their EU type-approval lost its validity.
The first subparagraph shall only apply to vehicles that were already on the territory of the Union and had not yet been registered or entered into service before their EU type-approval lost its validity.
Amendment 202
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the national authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned.
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the type approval authority of the Member State that granted the EU type-approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned.
Amendment 203
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 2
The national authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted.
The national type-approval authority concerned shall decide, within three months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted.
Amendment 204
Proposal for a regulation
Article 47 – paragraph 4
4.  Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be made available on the market, registered or entered into service in the Union.
4.  Only end-of-series vehicles with a valid certificate of conformity that has remained valid for at least three months after its date of issue, but for which the type-approval has become invalid pursuant to point (a) of Article 33(2), may be registered or entered into service in the Union.
Amendment 205
Proposal for a regulation
Article 47 – paragraph 6
6.  Member States shall keep records of the VIN of the vehicles that they permitted to be made available on the market, registered or entered into service in accordance with this Article.
6.  Member States shall keep records of the VIN of the vehicles that they registered or entered into service in accordance with this Article.
Amendment 206
Proposal for a regulation
Article 49 – title
Procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk at national level
National evaluation regarding vehicles, systems, components or separate technical units suspected of presenting a serious risk or of being non-compliant
Amendment 207
Proposal for a regulation
Article 49 – paragraph 1
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.  Where, based on the market surveillance activities or on information provided by an approval authority, manufacturers or complaints, the market surveillance authorities of one Member State have reasons 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 or does not comply with the requirements laid down in this Regulation, those market surveillance authorities 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 market surveillance authorities.
Amendment 208
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1
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.
deleted
Amendment 209
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 1 a (new)
Article 20 of Regulation (EC) No 765/2008 shall apply to the risk assessment of the product.
Amendment 210
Proposal for a regulation
Article 49 – paragraph 2 – subparagraph 3
Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in the second subparagraph.
deleted
Amendment 211
Proposal for a regulation
Article 49 – paragraph 3
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.
deleted
Amendment 212
Proposal for a regulation
Article 49 a (new)
Article 49a
National procedure for dealing with vehicles, systems, components or separate technical units presenting a serious risk or non-compliant
1.  Where, after performing the evaluation pursuant to Article 49, the Market surveillance authorities of one Member State find that a vehicle, system, component or separate technical unit 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 or is not compliant with this Regulation, it shall require without delay 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 this non-compliance.
2.  The economic operator shall, in accordance with the obligations referred to in Articles 11 to 19, ensure that all appropriate corrective measures are taken in respect of all concerned vehicles, systems, components or separate technical units that it has placed on the market, registered or has entered into service in the Union
3.  Where the economic operator does not take adequate corrective measures within the period referred to in paragraph 1 or where the risk requires a rapid action, the national authorities shall take all appropriate provisional restrictive measures to prohibit or restrict the making available on the market, registration or entry into service of the concerned vehicles, systems, components or separate technical units on their national market, or to withdraw them from that market or to recall them.
Article 21 of Regulation (EC) No 765/2008 shall apply to the restrictive measures referred to in this paragraph.
Amendment 213
Proposal for a regulation
Article 50 – title
Notification and objection procedures related to restrictive measures taken at national level
Corrective and restrictive measures at EU level
Amendment 214
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
The national authorities shall inform the Commission and the other Member States without delay of the restrictive measures taken in accordance with Article 49(1) and (5).
The Member State taking corrective measures and restrictive measures in accordance with Article 50(1) and (3) shall notify the Commission and the other Member States without delay by means of the electronic system referred to in Article 22 of Regulation (EC) No 765/2008. That Member State shall also inform without delay the approval authority that granted the approval about its findings.
Amendment 215
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
The information provided shall include all available details, in particular the data necessary for the identification of the non-compliant vehicle, system, component or separate technical unit, its origin, the nature of the non-conformity alleged and the risk involved, the nature and duration of the national restrictive measures taken, and the arguments put forward by the relevant economic operator.
2.   The information provided shall include all available details, in particular the data necessary for the identification of the concerned vehicle, system, component or separate technical unit, its origin, the nature of the non-compliance and/or risk involved, the nature and duration of the national corrective and restrictive measures taken, and the arguments put forward by the relevant economic operator. It shall also indicate whether the risk is due to either of the following:
(a)  failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation;
(b)  shortcomings in the relevant regulatory acts listed in Annex IV.
Amendment 216
Proposal for a regulation
Article 50 – paragraph 2
2.  The approval authority referred to in Article 49(1) shall indicate whether the nonconformity is due to either of the following:
deleted
(a)  failure of the vehicle, system, component or separate technical unit to meet requirements relating to the health or safety of persons, the protection of the environment or to other aspects of the protection of public interests covered by this Regulation;
(b)  shortcomings in the relevant regulatory acts listed in Annex IV.
Amendment 217
Proposal for a regulation
Article 50 – paragraph 3
3.  Member States other than the Member State initiating the procedure shall inform within one month of the receipt of the information referred to in paragraph 1 the Commission and the other Member States of any restrictive measures adopted and of any additional information at their disposal relating to the non-conformity of the vehicle, system, component or separate technical unit concerned, and, in the event of disagreement with the notified national measure, of their objections.
deleted
Amendment 218
Proposal for a regulation
Article 50 – paragraph 3 a (new)
3a.  Where, within one month after the notification referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a corrective measure or restrictive measure taken by a Member State, that measure shall be deemed to be justified. The other Member States shall ensure that equivalent corrective or restrictive measures are taken without delay in respect of the vehicle, system, component or separate technical unit concerned.
Amendment 219
Proposal for a regulation
Article 50 – paragraph 4
4.  Where, within one month of the receipt of the information referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State, that measure shall be evaluated by the Commission in accordance with Article 51.
4.  Where, within one month after notification referred to in paragraph 1, an objection has been raised by either another Member State or the Commission in respect of a corrective or restrictive measure taken by a Member State, or where the Commission has considered that a national measure is contrary to Union legislation, the Commission shall, without delay, consult the Member States concerned and the relevant economic operator or operators.
Amendment 220
Proposal for a regulation
Article 50 – paragraph 5
5.  Where, within one month of the receipt of the information referred to in paragraph 1, no objection has been raised by either another Member State or the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
5.  On the basis of the results of that consultation, the Commission shall adopt implementing acts on harmonised corrective or restrictive measures at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply those implementing acts without delay. They shall inform the Commission accordingly.
Amendment 221
Proposal for a regulation
Article 50 – paragraph 5 a (new)
5a.  Where the Commission considers that a national measure is unjustified, the Commission shall adopt implementing acts requiring the Member State concerned to withdraw or adapt the measure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 222
Proposal for a regulation
Article 50 – paragraph 5 b (new)
5b.  Where the national measure is considered justified and risk of non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose :
(a)  where regulatory acts are concerned, the necessary amendments to the act concerned;
(b)  where UNECE regulations are concerned, the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III to Council Decision 97/836/EC.
Amendment 223
Proposal for a regulation
Article 51
Article 51
deleted
Union safeguard procedure
1.  Where, during the procedure set out in Article 50(3) and (4), objections have been raised against a restrictive measure taken by a Member State, or where the Commission has considered that a national measure is contrary to Union legislation, the Commission shall evaluate without delay the national measure after having consulted the Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall adopt a decision on whether the national measure is considered justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operators. The Member States shall implement the Commission decision without delay and inform the Commission accordingly.
2.  Where the Commission considers the national measure to be justified, all Member States shall take the necessary measures to ensure that the non-compliant vehicle, system, component or separate technical unit is withdrawn from their market, and shall inform the Commission accordingly. Where the Commission considers the national measure to be unjustified, the Member State concerned shall withdraw or adapt the measure, in accordance with the Commission decision referred to in paragraph 1.
3.  Where the national measure is considered justified and is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose appropriate measures as follows:
(a)  where regulatory acts are concerned, the Commission shall propose the necessary amendments to the act concerned;
(b)  where UNECE regulations are concerned, the Commission shall propose the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III of Council Decision 97/836/EC.
Amendment 224
Proposal for a regulation
Article 51 a (new)
Article 51a
Corrective and restrictive measures following Commission market surveillance activities
1.  Where following checks in accordance with Article 9, the Commission finds that a vehicle, system, component or separate technical unit 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 or is not compliant with this Regulation, it shall require, without delay, 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 this non-compliance.
Where the economic operator does not take adequate corrective measures within the period referred to in the first subparagraph or where the risk requires rapid action, the Commission shall adopt implementing acts setting out any Union corrective or restrictive measure that it considers to be necessary at Union level. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
The Commission shall address those implementing acts to all Member States and shall immediately communicate them to the relevant economic operators. The Member States shall apply the implementing acts without delay. They shall inform the Commission accordingly.
2.  Where the risk or non-compliance is attributed to shortcomings in regulatory acts referred to in Annex IV, the Commission shall propose:
(a)  where regulatory acts are concerned, the necessary amendments to the act concerned;
(b)  where UNECE regulations are concerned, the necessary draft amendments to the relevant UNECE regulations in accordance with the provisions of Annex III to Council Decision 97/836/EC.
Amendment 225
Proposal for a regulation
Article 52
Article 52
deleted
Compliant vehicles, systems, components or separate technical units that present a serious risk to safety or serious harm to health and the environment
1.  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, depending on the nature of the risk.
The Member State may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures.
2.  The economic operator shall ensure that appropriate corrective measures are taken in respect of all vehicles, systems, components or separate technical units referred to in paragraph 1.
3.  The Member State shall within one month of the request referred to in paragraph 1 provide the Commission and the other Member States with all available information, in particular the data necessary for the identification of the vehicle, system, component or separate technical unit concerned, the origin and the supply chain of the vehicle, system, component or separate technical unit, the nature of the risk involved and the nature and duration of the national restrictive measures taken.
4.  The Commission shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission shall decide whether the national measure referred to in paragraph 1 is considered justified or not, and where necessary, propose appropriate measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
5.  The Commission shall address its decision to all Member States and shall immediately communicate it to the relevant economic operator or operators.
Amendment 226
Proposal for a regulation
Article 53
Article 53
deleted
General provisions related to non-compliant vehicles, systems, components or separate technical units
1.  Where vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, or are not in conformity with this regulation or were approved on the basis of incorrect data, the approval authorities, market surveillance authorities or the Commission may take the necessary restrictive measures in accordance with Article 21 of Regulation (EC) No 765/2008, to prohibit or restrict the making available on the market, registration or entry into service on the market of non-compliant vehicles, systems, components or separate technical units, or to withdraw them from that market or to recall them, including the withdrawal of the type-approval by the approval authority that granted the EU type-approval, until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles, systems, components or separate technical units are brought into conformity.
2.  For the purposes of paragraph 1, deviations from the particulars in the EU type-approval certificate or the information package shall be deemed to constitute a failure to conform to the approved type.
Amendment 227
Proposal for a regulation
Article 54 – title
Notification and objection procedures related to non-compliant vehicles, systems, components or separate technical units
Non-compliant EU type approval
Amendment 228
Proposal for a regulation
Article 54 – paragraph 1
1.  Where an approval authority or market surveillance authority finds that vehicles, systems, components or separate technical units are not in conformity with this Regulation or that the type-approval has been granted on the basis of incorrect data or that vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it may take all appropriate restrictive measures in accordance with Article 53(1).
1.  Where an approval authority finds that a type-approval that has been granted is not compliant with this Regulation, it shall refuse to recognise such approval. It shall notify the approval authority that granted the EU type-approval, to the other Member States, as well as the Commission.
Amendment 229
Proposal for a regulation
Article 54 – paragraph 2
2.  The approval authority or market surveillance authority or the Commission shall also request the approval authority that granted the EU type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type or, where applicable, that vehicles, systems, components or separate technical units already placed on the market are brought back into conformity.
2.  Where within one month after the notification, the non-conformity of the type-approval is confirmed by the approval authority that granted the EU type-approval, that approval authority shall withdraw the type-approval.
Amendment 230
Proposal for a regulation
Article 54 – paragraph 3
3.  In the case of a whole-vehicle type-approval, where the non-conformity of a vehicle is due to a system, component or separate technical unit, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component or separate technical unit.
deleted
Amendment 231
Proposal for a regulation
Article 54 – paragraph 4
4.  In the case of a multi-stage type-approval, where the non-conformity of a completed vehicle is due to a system, component or separate technical unit that forms part of the incomplete vehicle or to the incomplete vehicle itself, the request referred to in paragraph 2 shall also be addressed to the approval authority that granted the EU type-approval for that system, component, separate technical unit or incomplete vehicle.
deleted
Amendment 232
Proposal for a regulation
Article 54 – paragraph 5
5.  On receipt of the request referred to in paragraphs 1 to 4 the approval authority that granted the EU type-approval shall carry out an evaluation in relation to the vehicles, systems, components or separate technical units concerned covering all the requirements laid down in this Regulation. The approval authority shall also verify the data on the basis of which the approval was granted. The relevant economic operators shall fully cooperate with the approval authority.
deleted
Amendment 233
Proposal for a regulation
Article 54 – paragraph 6
6.  Where non-conformity is established by the approval authority that granted the EU type-approval for a vehicle, system, component or separate technical unit, that approval authority shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle, system, component or separate technical unit into compliance and where necessary the approval authority that granted the EU type-approval shall take the measures referred to in Article 53(1) as soon as possible and at the latest within one month of the date of the request.
deleted
Amendment 234
Proposal for a regulation
Article 54 – paragraph 7
7.  The national authorities taking restrictive measures in accordance with Article 53(1) shall immediately inform the Commission and the other Member States.
deleted
Amendment 235
Proposal for a regulation
Article 54 – paragraph 8 – subparagraph 1
Where, within one month after the notification of the restrictive measures taken by an approval authority or a market surveillance authority in accordance with Article 53(1), an objection has been raised by another Member State in respect of the notified restrictive measure or where the Commission establishes a non-compliance in accordance with Article 9(5), the Commission shall consult without delay the Member States and the relevant economic operator or operators and, in particular, the approval authority that granted the type-approval, and shall evaluate the national measure taken. On the basis of that evaluation, the Commission may decide to take the necessary restrictive measures foreseen in Article 53(1) by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Where, within one month after the notification of the refusal of the type-approval by an approval authority, an objection has been raised by the approval authority that granted the EU type-approval, the Commission shall consult without delay the Member States, in particular the approval authority that granted the type-approval and the relevant economic operator.
Amendment 236
Proposal for a regulation
Article 54 – paragraph 8 a (new)
8a.  On the basis of that evaluation, the Commission shall adopt implementing acts containing its decision as to whether the refusal of the EU type-approval adopted under paragraph 1 is justified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 237
Proposal for a regulation
Article 54 – paragraph 8 b (new)
8b.  Where following Commission checks in accordance with Article 9, the Commission considers that a type-approval that has been granted is not compliant with this Regulation, the Commission shall, without delay, consult the Member States and, in particular, the approval authority that granted the type-approval and the relevant economic operator. After such consultations have taken place, the Commission shall adopt implementing acts containing its decision as to whether the type-approval that has been granted is compliant with this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 238
Proposal for a regulation
Article 54 – paragraph 9
9.  Where, within one month after the notification of the restrictive measures taken in accordance with Article 53(1), no objection has been raised by either another Member State or by the Commission in respect of a restrictive measure taken by a Member State, that measure shall be deemed justified. The other Member States shall ensure that similar restrictive measures are taken in respect of the vehicle, system, component or separate technical unit concerned.
9.  For products covered by a non-compliant type-approval that are already made available on the market, Articles 49 to 53 shall apply.
Amendment 239
Proposal for a regulation
Article 55
[...]
deleted
Amendment 240
Proposal for a regulation
Article 56
[...]
deleted
Amendment 241
Proposal for a regulation
Article 57
Article 57
deleted
General provisions on recall of vehicles, systems, components or separate technical units
1.  A manufacturer who has been granted a whole-vehicle type-approval and is obliged to recall vehicles in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the whole-vehicle type-approval thereof.
2.  A manufacturer of systems, components or separate technical units, who has been granted an EU type-approval and is obliged to recall systems, components or separate technical units in accordance with Article 12(1), Article 15(1), Article 17(2), Article 49(1), Article 49(6), Article 51(4), Article 52(1), and Article 53(1) of this Regulation or Article 20 of Regulation (EC) No 765/2008, shall immediately inform the approval authority that granted the EU type-approval.
3.  The manufacturer shall propose to the approval authority that granted the type-approval a set of appropriate remedies to bring the vehicles, systems, components or separate technical units in conformity and, where appropriate, to neutralise the serious risk referred to in Article 20 of Regulation (EC) No 765/2008.
The approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough, and it shall communicate the remedies that it has approved to the approval authorities of the other Member States and to the Commission without delay.
Amendment 242
Proposal for a regulation
Article 58
[...]
deleted
Amendment 243
Proposal for a regulation
Article 59
Article 59
deleted
Right to be heard of economic operators, notification of decisions and remedies available
1.  Except in cases where immediate action is necessary for reasons of serious risk to human health, safety and the environment, the economic operator concerned shall be given the opportunity to make submissions to the national authority within an appropriate period of time before any measure pursuant to Articles 49 to 58 is adopted by the national authorities of the Member States.
If action has been taken without the economic operator’s being heard, the economic operator shall have the opportunity to make submissions as soon as possible and the national authority shall review the measure promptly thereafter.
2.  Any measure adopted by the national authorities shall state the exact grounds on which it is based.
Where the measure is addressed to a specific economic operator, it shall be notified without delay to the economic operator concerned, who shall at the same time be informed of the remedies available under the law of the Member State concerned and of the time limits to which such remedies are subject.
Where the measure is of general scope, it shall be appropriately published in the national official journal or in an equivalent instrument.
3.  Any measure adopted by the national authorities shall be immediately withdrawn or amended upon the economic operator’s demonstrating that effective corrective action has been taken.
Amendment 244
Proposal for a regulation
Article 60 – paragraph 3 – subparagraph 2
That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and include transitional provisions, where appropriate.
That delegated act shall specify the dates of mandatory application of the UNECE regulation or amendments thereto and shall include transitional provisions, where appropriate, and, in particular, for the purposes of type-approval, first registration and entry into service of vehicles and making available on the market of systems, components and separate technical units, where these are applicable.
Amendment 245
Proposal for a regulation
Article 63 – paragraph 1
1.  The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation, or in the delegated or implementing acts adopted pursuant to this Regulation, that diverges from the particulars of the type-approved by the approval authority.
1.  The manufacturer shall not supply any technical information related to the particulars of the type of vehicle, system, component or separate technical unit provided for in this Regulation, in the delegated or implementing acts adopted pursuant to this Regulation, or in the regulatory acts listed in Annex IV, that diverges from the particulars of the type-approved by the approval authority.
Amendment 246
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 1
Manufacturers shall provide to independent operators unrestricted and standardised access to vehicle OBD information, diagnostic and other equipment, tools including any relevant software and vehicle repair and maintenance information.
Manufacturers shall provide to independent operators unrestricted, standardised and non-discriminatory access to vehicle OBD information, diagnostic and other equipment, tools including the complete references, and available downloads, of the applicable software and vehicle repair and maintenance information. Information shall be presented in an easily accessible manner in the form of machine readable and electronically processable datasets. Independent operators shall have access to the remote diagnosis services used by manufacturers and authorised dealers and repairers.
Amendment 247
Proposal for a regulation
Article 65 – paragraph 2 – subparagraph 2
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. 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.
The vehicle OBD and the vehicle repair and maintenance information shall be made available on the websites of manufacturers using a standardised format or, if this is not feasible, due to the nature of the information, in another appropriate format. For independent operators other than repairers, the information shall also be given in a machine-readable format that is capable of being electronically processed with commonly available IT tools and software and which allows independent operators to carry out the task associated with their business in the aftermarket supply chain.
Amendment 248
Proposal for a regulation
Article 65 – paragraph 3 a (new)
3a.  For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall be made available through the standardised connector as specified in UN Regulation No 83, Annex XI, Appendix 1, para 6.5.1.4 and UN Regulation No 49, Annex 9B.
Amendment 249
Proposal for a regulation
Article 65 – paragraph 10
10.  The Commission shall be empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3.
10.  The Commission is empowered to adopt delegated acts in accordance with Article 88 to amend and supplement Annex XVIII to take account of technical and regulatory developments or prevent misuse by updating the requirements concerning the access to vehicle OBD and vehicle repair and maintenance information and by adopting and integrating the standards referred to in paragraphs 2 and 3. The Commission shall be further empowered to adopt delegated acts in accordance with Article 88 to amend this Regulation by creating Annex XVIIIA in order to address technological developments in the field of digital data exchange that use a wireless wide area network, thereby ensuring that independent operators continue to enjoy direct access to in-vehicle data and resources and, in addition, ensuring competition-neutrality by technical design.
Amendment 250
Proposal for a regulation
Article 66 – paragraph 2
2.  The final manufacturer shall be responsible for providing to independent operators information about the whole vehicle.
2.  In the case of multi-stage type-approval, the final manufacturer shall be responsible for providing access to vehicle OBD and vehicle repair and maintenance information regarding its own manufacturing stage or stages and the link to the previous stage or stages.
Amendment 251
Proposal for a regulation
Article 67 – paragraph 1
1.  The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65(8). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it.
1.  The manufacturer may charge reasonable and proportionate fees for access to vehicle repair and maintenance information other than the records referred to in Article 65(9). Those fees shall not discourage access to that information by failing to take into account the extent to which the independent operator uses it.
Amendment 252
Proposal for a regulation
Article 69 – paragraph 3
3.  Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer.
3.  Where an independent operator or a trade association representing independent operators files a complaint to the approval authority on the failure of the manufacturer to comply with Articles 65 to 70, the approval authority shall carry out an audit in order to verify compliance by the manufacturer. The approval authority shall request the approval authority that granted the whole vehicle type-approval to investigate the complaint and subsequently request evidence from the vehicle manufacturer that its system is in compliance with the Regulation. The results of that investigation shall be communicated within three months of the request to the national approval authority and the independent operator or trade association concerned.
Amendment 253
Proposal for a regulation
Article 71 – paragraph 1
1.  The type approval authority designated by the Member State in accordance with Article 7(3), hereinafter referred to as the type-approval authority', shall be responsible for the assessment, designation, notification and the monitoring of technical services, including, where appropriate, the subcontractors or subsidiaries of those technical services.
1.  The type approval authority designated by the Member State in accordance with Article 7(3), or the accreditation body in accordance with Regulation (EC) No 765/2008, (together, the 'the designating body'), shall be responsible for the assessment, designation, notification and the monitoring of technical services in the respective Member State, including, where appropriate, the subcontractors or subsidiaries of those technical services.
Amendment 254
Proposal for a regulation
Article 71 – paragraph 2
2.  The type-approval authority shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services.
2.  The designating body shall be established, organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services.
Amendment 255
Proposal for a regulation
Article 71 – paragraph 3
3.  The type-approval authority shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service.
3.  The designating body shall be organised so that the notification of a technical service is done by personnel different from those who carried out the assessment of the technical service.
Amendment 256
Proposal for a regulation
Article 71 – paragraph 4
4.  The type-approval authority shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis.
4.  The designating body shall not perform any activities that technical services perform and shall not provide consultancy services on a commercial or competitive basis.
Amendment 257
Proposal for a regulation
Article 71 – paragraph 5
5.  The type-approval authority shall safeguard the confidentiality of the information it obtains.
5.  The designating body shall safeguard the confidentiality of the information it obtains.
Amendment 258
Proposal for a regulation
Article 71 – paragraph 6
6.  The type-approval authority shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks foreseen by this Regulation
6.  The designating body shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks laid down in this Regulation.
Amendment 259
Proposal for a regulation
Article 71 – paragraph 8
8.  The type-approval authority shall be peer-reviewed by two type-approval authorities of other Member States every two years.
deleted
The Member States shall draw up the annual plan for the peer-review, ensuring an appropriate rotation in respect of reviewing and reviewed type-approval authorities, and submit it to the Commission.
The peer-review shall include an on-site visit to a technical service under the responsibility of the reviewed authority. The Commission may participate in the review and decide on its participation on the basis of a risk assessment analysis.
Amendment 260
Proposal for a regulation
Article 71 – paragraph 9
9.  The outcome of the peer-review shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established in Article 10 on the basis of an assessment of this outcome carried out by the Commission and issue recommendations.
deleted
Amendment 261
Proposal for a regulation
Article 71 – paragraph 10
10.  The Member States shall provide information to the Commission and the other Member States on how it has addressed the recommendations in the peer-review report.
deleted
Amendment 262
Proposal for a regulation
Article 72 – paragraph 1 – point b
(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 of the tests, including test preparation, 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; test preparation and supervision shall be carried out by a supervisor from the technical service;
Amendment 263
Proposal for a regulation
Article 72 – paragraph 3
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 have legal personality, except for a technical service belonging to a type-approval authority and for an accredited in-house technical service of a manufacturer, as referred to in Article 76.
Amendment 264
Proposal for a regulation
Article 73 – paragraph 5
5.  The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the approval authority or where required by Union or national law.
5.  The personnel of a technical service shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation, except in relation to the designating authority or where required by Union or national law.
Amendment 265
Proposal for a regulation
Article 74 – paragraph 1 – introductory part
1.  A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the type approval authority that it has all of the following:
1.  A technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with Article 72(1). It shall demonstrate to the designating authority, or, in the case of accreditation, to the national accreditation body that it has all of the following:
Amendment 266
Proposal for a regulation
Article 75 – paragraph 1
1.  Technical services may subcontract, with the agreement of their designating type-approval authority, some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary.
1.  Technical services may, with the agreement of their designating authority, or, in the case of accreditation, of the national accreditation body, subcontract some of the categories of activities for which they have been designated in accordance with Article 72(1), or have those activities carried out by a subsidiary.
Amendment 267
Proposal for a regulation
Article 75 – paragraph 2
2.  Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the type-approval authority thereof.
2.  Where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in Articles 73 and 74 and it shall inform the designating authority, or, in the case of accreditation, the national accreditation body, thereof.
Amendment 268
Proposal for a regulation
Article 75 – paragraph 4
4.  Technical services shall keep at the disposal of the type approval authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them.
4.  Technical services shall keep at the disposal of the designating authority, or, in the case of accreditation, of the national accreditation body, the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them.
Amendment 269
Proposal for a regulation
Article 75 – paragraph 4 a (new)
4a.  Technical services subcontractors shall be notified to the type-approval authority and their names shall be published by the Commission.
Amendment 270
Proposal for a regulation
Article 76 – paragraph 2 – point c a (new)
(ca)  it is audited in accordance with Article 80, with the exception that the "joint committee of auditors" shall replace the "type approval authority" throughout the text and perform the tasks accordingly; the audit shall demonstrate compliance with points (a), (b) and (c);
Amendment 271
Proposal for a regulation
Article 76 – paragraph 3
3.  An in-house technical service does not need to be notified to the Commission for the purposes of Article 78, but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type-approval authority at the request of that authority.
3.  An in-house technical service shall be notified to the Commission in accordance with Article 78.
Amendment 272
Proposal for a regulation
Article 77 – paragraph -1 (new)
—  1. The applicant technical service shall submit a formal application to the type-approval authority of the Member State in which it requests to be designated in accordance with Part 4 of Appendix 2 of Annex V. The activities for which the applicant technical service is applying to be designated shall be specified in the application request in accordance with Article 72(1).
Amendment 273
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 1
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 the type-approval authority designates a technical service, the type-approval authority or the accreditation body referred to in Article 71(1), shall assess it in accordance with a harmonised 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.
Amendment 274
Proposal for a regulation
Article 77 – paragraph 1 – subparagraph 2
Representatives of the type-approval authorities of at least two other Member States shall, in coordination with the type-approval authority of the Member State in which the applicant technical service is established, and together with a representative of the Commission, form a joint assessment team and participate in the assessment of the applicant technical service, including the on-site assessment. The designating type-approval authority of the Member State where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service.
1b.  In cases where the assessment is performed by the type-approval authority, a representative from the Commission shall participate in a joint assessment team with the designating authority which shall carry out the assessment of the applicant technical service, including the on-site assessment. In order to perform this task, the Commission shall use independent auditors contracted as third parties following an open call for tenders. The auditors shall carry out their duties independently and impartially. Auditors shall respect confidentiality in order to protect commercial secrets in accordance with applicable law. The Member States shall give all necessary assistance and provide all documentation and support that the auditors request to enable them to carry out their duties. The Member States shall ensure that the auditors have access to all premises or parts of premises and to information, including computing systems and software, relevant to the execution of their duties.
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 275
Proposal for a regulation
Article 77 – paragraph 1 a (new)
1a.  In cases where the assessment is carried out by an accreditation body the applicant technical service shall deliver to the type-approval authority a valid accreditation certificate and the corresponding evaluation report proving the fulfilment of the requirements set out in Appendix 2 of Annex V for the activities for which the applicant technical service is applying to be designated.
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 276
Proposal for a regulation
Article 77 – paragraph 1 c (new)
1c.  Where the technical service has requested to be designated by several type-approval authorities in accordance with Article 78(3), the assessment shall be carried out only once, provided that the scope of the technical service's designation has been covered in that assessment.
(At the beginning of Article 77, the order of the paragraphs is changed and the paragraphs are renumbered)
Amendment 277
Proposal for a regulation
Article 77 – paragraph 5
5.  The Member States shall notify to the Commission the names of the representatives of the type-approval authority to call upon for each joint assessment.
5.  The Member States shall notify to the Commission the names of the representatives of the designating authority to call upon for each joint assessment.
Amendment 278
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 1
The type-approval authority shall notify the assessment report to the Commission and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.
The designating authority shall notify the assessment report to the Commission and to designating authorities of the other Member States with documentary evidence regarding the competence of the technical service and the arrangements in place to regularly monitor the technical service and ensure that it continues to comply with the requirements of this Regulation.
Amendment 279
Proposal for a regulation
Article 77 – paragraph 7 – subparagraph 2
The notifying type-approval authority shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6).
The designating authority that notifies the assessment report shall furthermore submit evidence of the availability of competent personnel for monitoring the technical service in accordance with Article 71(6).
Amendment 280
Proposal for a regulation
Article 77 – paragraph 8
8.  The type-approval authorities of the other Member States and the Commission may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence.
8.  The designating authorities of the other Member States and the Commission may review the assessment report and the documentary evidence, raise questions or concerns and request further documentary evidence within one month after the notification of the assessment report and the documentary evidence.
Amendment 281
Proposal for a regulation
Article 77 – paragraph 9
9.  The type-approval authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt.
9.  The designating authority of the Member State where the applicant technical service is established shall respond to the questions, concerns and requests for further documentary evidence within four weeks following their receipt.
Amendment 282
Proposal for a regulation
Article 77 – paragraph 10
10.  The type-approval authorities of the other Member States or the Commission may individually or jointly address recommendations to the type-approval authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That type-approval authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that type-approval authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision.
10.  The designating authorities of the other Member States or the Commission may individually or jointly address recommendations to the designating authority of the Member State where the applicant technical service is established within four weeks following the receipt of the response referred to in paragraph 9. That designating authority shall take account of the recommendations when it takes the decision on the designation of the technical service. Where that designating authority decides not to follow the recommendations addressed by the other Member States or the Commission, it shall give the reasons therefor within two weeks after taking its decision.
Amendment 283
Proposal for a regulation
Article 78 – paragraph 2 – subparagraph 1
Within 28 days of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the type-approval authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall decide by means of an implementing act whether the suspension of the notification can be lifted or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Within one month of a notification, a Member State or the Commission may raise written objections, setting out its arguments, with regard either to the technical service or to its monitoring by the designating authority. When a Member State or the Commission raises objections, the effect of the notification shall be suspended. In this case, the Commission shall consult the parties involved and shall adopt implementing acts in order to decide whether the suspension of the notification can be lifted or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 284
Proposal for a regulation
Article 78 – paragraph 3
3.  The same technical service may be designated by several type-approval authorities and notified to the Commission by the Member States of those type-approval authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1).
3.  The same technical service may be designated by several designating authorities and notified to the Commission by the Member States of those designating authorities, irrespective of the category or categories of activities that that technical service shall carry out in accordance with Article 72(1).
Amendment 285
Proposal for a regulation
Article 78 – paragraph 4
4.  Where a regulatory act listed in Annex IV requires a type-approval authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1.
4.  Where a regulatory act listed in Annex IV requires a designating authority to designate a specific organisation or competent body to carry out an activity not included in the categories of activities referred to in Article 72(1), the Member State shall make the notification referred to in paragraph 1.
Amendment 286
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 1
Where the type-approval authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements.
Where the designating authority has ascertained or has been informed that a technical service no longer complies with the requirements laid down in this Regulation, that authority shall restrict, suspend or withdraw the designation, as appropriate, depending on the seriousness of the failure to comply with those requirements.
Amendment 287
Proposal for a regulation
Article 79 – paragraph 1 – subparagraph 2
The type-approval authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification.
The designating authority shall immediately inform the Commission and the other Member States of any suspension, restriction or withdrawal of a notification.
Amendment 288
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 1
The type-approval authority shall inform the other type-approval authorities and the Commission when non-compliance of the technical service has an impact on type-approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification.
The designating authority shall inform the other designating authorities and the Commission when non-compliance of the technical service has an impact on type-approval certificates issued on the basis of the inspection and test reports issued by the technical service subject of the change in notification.
Amendment 289
Proposal for a regulation
Article 79 – paragraph 3 – subparagraph 2
Within two months after having notified the changes to the notification, the type-approval authority shall submit a report on its findings regarding the non-compliance to the Commission and the other type-approval authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating type-approval authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued.
Within two months after having notified the changes to the notification, the designating authority shall submit a report on its findings regarding the non-compliance to the Commission and the other designating authorities. Where necessary to ensure the safety of vehicles, systems, components or separate technical units already placed on the market, the designating authority shall instruct the concerned approval authorities to suspend or withdraw within a reasonable period of time, any certificates which were unduly issued.
Amendment 290
Proposal for a regulation
Article 79 – paragraph 4 – introductory part
4.  The other certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances:
4.  Type-approval certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances:
Amendment 291
Proposal for a regulation
Article 79 – paragraph 4 – point a
(a)  in the case of suspension of a notification, on condition that, within three months after the suspension, the type-approval authority that issued the type-approval certificate confirms in writing to the type-approval authorities of the other Member States and the Commission that it is assuming the functions of the technical service during the period of suspension;
(a)  in the case of suspension of a designation, on condition that, within three months after the suspension, the type-approval authority that issued the type-approval certificate confirms in writing to the type-approval authorities of the other Member States and the Commission that it is assuming the functions of the technical service during the period of suspension;
Amendment 292
Proposal for a regulation
Article 79 – paragraph 4 – point b
(b)  in the case of restriction or withdrawal of a notification, for a period of three months after the restriction or withdrawal. The type-approval authority that issued the certificates may extend the validity of the certificates for further periods of three months, for a maximum period altogether, of twelve months, provided it is assuming during that period the functions of the technical service whose notification has been restricted or withdrawn.
(b)  in the case of restriction or withdrawal of a designation, for a period of three months after the restriction or withdrawal. The type-approval authority that issued the certificates may extend the validity of the certificates for further periods of three months, for a maximum period altogether, of twelve months, provided it is assuming during that period the functions of the technical service whose notification has been restricted or withdrawn.
Amendment 293
Proposal for a regulation
Article 79 – paragraph 6
6.  A designation as technical service can only be renewed after the type-approval authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77.
6.  A designation as technical service can only be renewed after the designating authority has verified whether the technical service continues to comply with the requirements of this Regulation. That assessment shall be carried out in accordance with the procedure set out in Article 77.
Amendment 294
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 1
The type-approval authority shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V.
The designating authority, or, in the case of accreditation, the national accreditation body, shall continuously monitor the technical services to ensure compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V.
Amendment 295
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 2
Technical services shall, on request, supply all relevant information and documents, required to enable that type-approval authority to verify compliance with those requirements.
Technical services shall, on request, supply all relevant information and documents, required to enable that designating authority, or, in the case of accreditation, the national accreditation body, to verify compliance with those requirements.
Amendment 296
Proposal for a regulation
Article 80 – paragraph 1 – subparagraph 3
Technical services shall, without delay, inform the type-approval authority of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated.
Technical services shall, without delay, inform the designating authority, or, in the case of accreditation, the national accreditation body, of any changes, in particular regarding their personnel, facilities, subsidiaries or subcontractors, which may affect compliance with the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V, or their ability to perform the conformity assessment tasks relating to the vehicles, systems, components and separate technical units for which they have been designated.
Amendment 297
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 1
The type-approval authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so.
The designating authority of the Member State in which the technical service is established shall ensure that the technical service carries out its obligation laid down in paragraph 2, unless there is a legitimate reason for not doing so.
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as “3.”)
Amendment 298
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 4
The technical service or the type-approval authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially.
The technical service or the designating authority may request that any information transmitted to the authorities of another Member State or to the Commission shall be treated confidentially.
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as “3.”)
Amendment 299
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 1
At least every 30 months, the type-approval authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V. This assessment shall include an on-site visit to each technical service under its responsibility.
At least every three years, the designating authority shall assess whether each technical service under its responsibility continues to satisfy the requirements set out in Articles 72 to 76, in Articles 84 and 85 and in Appendix 2 to Annex V and shall submit an assessment to the Member State responsible. This assessment shall be carried out by a joint assessment team designated in accordance with the procedure described in Article 77(1) to (4) and shall include an on-site visit to each technical service under its responsibility.
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as “3.”)
Amendment 300
Proposal for a regulation
Article 80 – paragraph 3 – subparagraph 2
Within two months after finalising this assessment of the technical service, the Member States shall report to the Commission and to the other Member States on those monitoring activities. The reports shall contain a summary of the assessment which shall be made publicly available.
The outcome of the assessment shall be communicated to all Member States and to the Commission and a summary of the outcome shall be made publicly available. It shall be discussed by the Forum established pursuant to Article 10.
(The numbering in the Commission proposal is incorrect, there are two paragraphs numbered as “3.”)
Amendment 301
Proposal for a regulation
Article 81 – paragraph 1 – subparagraph 1
The Commission shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.
The Commission, working in conjunction with the type-approval authority of the Member State concerned, shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this Regulation. It may also commence such investigations on its own initiative.
Amendment 302
Proposal for a regulation
Article 81 – paragraph 2
2.  The Commission shall consult the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type-approval authority of that Member State shall provide the Commission, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.
2.  The Commission shall cooperate with the type-approval authority of the Member State where the technical service is established as part of the investigation referred to in paragraph 1. The type-approval authority of that Member State shall provide the Commission, upon request, with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned.
Amendment 303
Proposal for a regulation
Article 82 – paragraph 4
4.  The exchange of information shall be co-ordinated by the Forum referred to in Article 10.
4.  The exchange of information shall be co-ordinated by the Forum established pursuant to Article 10.
Amendment 304
Proposal for a regulation
Article 83 – paragraph 1
1.  Where designation of a technical service is based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service.
1.  Where designation of a technical service is also based on accreditation within the meaning of Regulation (EC) No 765/2008, Member States shall ensure that the national accreditation body that has accredited a particular technical service is kept informed by the type-approval authority on incident reports and other information that relate to matters under the control of the technical service when that information is relevant for the assessment of the performance of the technical service.
Amendment 305
Proposal for a regulation
Article 84 – paragraph 2 – point a
(a)  allow their approval authority to witness the performance of the technical service during the conformity assessment;
(a)  allow their approval authority or the joint assessment team as described in Article 77(1) to witness the performance of the technical service during the testing for type-approval;
Amendment 306
Proposal for a regulation
Article 88 – paragraph 2
2.  The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
2.  The power to adopt delegated acts referred to in Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.
Amendment 307
Proposal for a regulation
Article 88 – paragraph 3
3.  The delegation of power referred to in Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) 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.
3.  The delegation of power referred to in Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) 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.
Amendment 308
Proposal for a regulation
Article 88 – paragraph 3 a (new)
3a.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 309
Proposal for a regulation
Article 88 – paragraph 5
5.  A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 34(2), Article 55(2) and (3), Article 56(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) 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 of the Council.
5.  A delegated act adopted pursuant to Article 4(2), Article 5(2), Article 6(7a), Article 10(3), Article 22(3), Article 24(3), Article 25(5), Article 26(2), Article 28(5), Article 29(6), Article 33(1a), Article 34(2), Article 60(3), Article 65(10), Article 76(4) and Article 90(2) 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 of the Council.
Amendment 353
Proposal for a regulation
Article 89 – title
Penalties
Penalties and liabilities
Amendment 310
Proposal for a regulation
Article 89 – paragraph 1
1.  Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation, in particular Articles 11 to 19 and 72 to 76, 84 and 85 and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
1.  Member States shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the Articles of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In particular the penalties shall be proportionate to the number of non-compliant vehicles registered in the market of the Member State concerned, or the number of non-compliant systems, components or separate technical unit made available on the market of the Member State concerned.
Amendment 311
Proposal for a regulation
Article 89 – paragraph 2 – point a
(a)  making false declarations during approval procedures or procedures leading to a recall;
(a)  making false declarations during approval procedures or procedures leading to corrective or restrictive measures being imposed in accordance with Chapter XI;
Amendment 312
Proposal for a regulation
Article 89 – paragraph 2 – point b
(b)  falsifying test results for type-approval;
(b)  falsifying test results for type-approval or market surveillance, including the granting of approval on the basis of incorrect data;
Amendment 313
Proposal for a regulation
Article 89 – paragraph 2 – point c a (new)
(ca)  inadequate fulfilment by the technical services of the requirements for their designation;
Amendment 354
Proposal for a regulation
Article 89 – paragraph 2 – point c b (new)
(cb)  where it is established, by means of tests or inspections for compliance purposes, or alternative means, that vehicles, components, systems or separate technical units 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.
Amendment 314
Proposal for a regulation
Article 89 – paragraph 3 – point b
(b)  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.
(b)  making available on the market vehicles, systems, components or separate technical units subject to approval without such approval or falsifying documents, certificates of conformity, statutory plates or approval marks with that intention.
Amendment 315
Proposal for a regulation
Article 89 – paragraph 5
5.  Member States shall report to the Commission every year on the penalties they have imposed.
5.  Member States shall send a notification of penalties imposed to the online database established in Article 25. Notifications shall be made within one month of the penalty being imposed.
Amendment 355
Proposal for a regulation
Article 89 – paragraph 5 a (new)
5a.  Where it is established that vehicles, components, systems or separate technical units do not comply with the type-approval requirements laid down in this Regulation or any of the regulatory acts listed in Annex IV, economic operators should be liable for any damage caused to owners of affected vehicles as a result of non-compliance or following a recall.
Amendment 316
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 1
Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1) reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Where the compliance verification by the Commission referred to in Article 9(1) and (4), or Article 54(1) or by market surveillance authorities as referred to in Article 8(1) reveals non-compliance of the vehicle, system, component, separate technical unit with the requirements laid down in this Regulation, the Commission may impose administrative fines upon the concerned economic operator for the infringement of this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.
Amendment 317
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement.
The administrative fines imposed by the Commission shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 318
Proposal for a regulation
Article 91 – paragraph 1 – point 3 a (new)
Regulation (EC) No 715/2007
Article 5 – paragraph 2 – subparagraph 1 a (new)
(3a)  in Article 5, the following subparagraphs are added after paragraph 2 point (c):
'Manufacturers seeking EU type-approval for a vehicle using a BES, AES or defeat device, as defined in this Regulation or Regulation (EU) 2016/646, shall provide the type-approval authority with all information, including technical justifications, that it is reasonable the type-approval authority require to assist it in determining whether the BES or AES is a defeat device and whether a derogation to the prohibition on the use of defeat devices under this Article is applicable.
The approval authority shall not grant EU type-approval until it has completed its assessment and has determined that the type of vehicle is not equipped with a prohibited defeat device in accordance with this Article and Regulation (EC) No 692/2008.'.
Amendment 345
Proposal for a regulation
Article 91 – paragraph 1 – point 6
Regulation (EC) No 715/2007
Article 11a – paragraph 1 – point b a (new)
(ba)  fuel consumption and CO2 values determined under real driving conditions are made available to the public.
Amendment 346
Proposal for a regulation
Article 91 – paragraph 1 – point 6 a (new)
Regulation (EC) No 715/2007
Article 14 a (new)
(6a)  The following Article 14a shall be inserted:
"Article 14a
Review
The Commission shall review the emissions limits set out in Annex I with a view to improving air quality in the Union and to achieving the Union ambient air quality limits, as well as the WHO recommended levels, and shall come forward with proposals, as appropriate, for new technology-neutral Euro7 emission limits applicable by 2025 for all M1 and N1 vehicles placed on the Union market.".
Amendment 319
Proposal for a regulation
Annex XII – point 1 – second column
Units
Units
1 000
1500
0
0
1000
1500
0
1500
0
0
0
0
Amendment 320
Proposal for a regulation
Annex XII – point 2 – second column
Units
Units
100
250
250
250
500 until 31October 2016
500 until 31 October 2016
250 from 1 November 2016
250 from 1 November 2016
250
250
500
500
250
250
Amendment 321
Proposal for a regulation
Annex XIII – part I – table

Text proposed by the Commission

Item No

Item description

Performance requirement

Test procedure

Marking requirement

Packaging requirements

1

[…]

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 

Amendment

Item No

Item description

Performance requirement

Test procedure

Marking requirement

Packaging requirements

1

Exhaust Gas catalysts and their substrates

NOx emissions

EURO standards

Vehicle Type and version

 

2

Turbochargers

CO2 and NOx emissions

EURO standards

Vehicle Type and version

 

3

Fuel/ Air mixture Compressor systems other than Turbochargers

CO2 and NOx emissions

EURO standards

Vehicle Type and version

 

4

Diesel Particle Filters

PM

EURO standards

Vehicle Type and version

 

Amendment 322
Proposal for a regulation
Annex XVIII – point 2 – introductory part
2.  Access to vehicle OBD and vehicle repair and maintenance
2.  Access to vehicle OBD and vehicle repair and maintenance information
Amendment 323
Proposal for a regulation
Annex XVIII – point 2 – point 2.8
2.8.  With regard to vehicles of categories falling within the scope of Regulation No 595/2009/EC, for the purposes of point 2.6.2., where manufacturers use diagnostic and test tools in accordance with ISO 22900 – Modular vehicle communication interface (MVCI) – and ISO 22901 – Open diagnostic data exchange (ODX) in their franchised networks –, the ODX files shall be accessible to independent operators via the website of the manufacturer.
2.8.  For the purposes of point 2.6.2., where manufacturers use diagnostic and test tools in accordance with ISO 22900 – Modular vehicle communication interface (MVCI) – and ISO 22901 – Open diagnostic data exchange (ODX) in their franchised networks –, the ODX files shall be accessible to independent operators via the website of the manufacturer.
Amendment 324
Proposal for a regulation
Annex XVIII – point 2 – point 2.8 a (new)
2.8a.  For the purpose of vehicle OBD, diagnostics, repair and maintenance, the direct vehicle data stream shall be made available through the serial port on the standardised data link connector specified in paragraph 6.5.1.4 of Appendix 1 of Annex 11 to UNECE Regulation No 83 and Section 4.7.3 of Annex 9B to UNECE Regulation No 49.
Amendment 325
Proposal for a regulation
Annex XVIII – point 6 – point 6.1 – paragraph 3
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available in a database that is easily accessible to independent operators.
Information on all parts of the vehicle, with which the vehicle, as identified by the VIN and any additional criteria such as wheelbase, engine output, trim level or options, is equipped by the vehicle manufacturer and that can be replaced by spare parts offered by the vehicle manufacturer to its authorised repairers or dealers or third parties by means of reference to original equipment (OE) parts number, shall be made available, in the form of machine readable and electronically processable datasets, in a database that is accessible to independent operators.
Amendment 326
Proposal for a regulation
Annex XVIII – point 6 – point 6.3
6.3.  The Forum on Access to Vehicle Information referred to in Article 70 shall specify the parameters for fulfilling these requirements in accordance with the state of the art. The independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that he pursues a legitimate business activity and has not been convicted of any criminal activity.
6.3.  The Forum on Access to Vehicle Information referred to in Article 70 shall specify the parameters for fulfilling these requirements in accordance with the state of the art. The independent operator shall be approved and authorised for this purpose on the basis of documents demonstrating that he pursues a legitimate business activity and has not been convicted of any relevant criminal activity.
Amendment 327
Proposal for a regulation
Annex XVIII – point 6 – point 6.4
6.4.  With regard to vehicles falling in the scope of Regulation (EC) No 595/2009, reprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC RP1210B using non-proprietary hardware. Ethernet, serial cable or local area network (LAN) interface and alternative media like compact disc (CD), digital versatile disc (DVD) or solid state memory device for infotainment systems (e.g. navigation systems, telephone) may also be used, but on the condition that no proprietary communication software (e.g. drivers or plug-ins) or hardware is required. For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC RP1210B, the manufacturer shall offer either a validation of independently developed VCIs or the information, and loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware.
6.4.  Reprogramming of control units shall be conducted in accordance with either ISO 22900-2 or SAE J2534 or TMC RP1210 using non-proprietary hardware.
If reprogramming, or diagnostics, is conducted using ISO 13400 DoIP, it shall comply with the requirements of the standards referred to in the first subparagraph.
Where vehicle manufacturers use additional proprietary communication protocols, then these protocol specifications shall be made available to independent operators.
For the validation of the compatibility of the manufacturer-specific application and the vehicle communication interfaces (VCI) complying to ISO 22900-2 or SAE J2534 or TMC RP1210, the manufacturer shall offer within six months of the granting of type approval, a validation of independently developed VCIs and the test environment, including information on the specifications of the communication protocol and the loan of any special hardware, required for a VCI manufacturer to conduct such validation himself. The conditions of Article 67(1) shall apply to fees for such validation or information and hardware.
Corresponding conformity compliance must be ensured either by mandating CEN to develop appropriate conformity standards or by using existing ones such as SAE J2534-3.
The conditions set out in Article 67(1) shall apply to fees for such validation or information and hardware.
Amendment 328
Proposal for a regulation
Annex XVIII – point 6 – point 6.8 a (new)
6.8a.  In the event that vehicle OBD and vehicle repair and maintenance information available on a manufacturer's website does not contain specific relevant information to permit the proper design and manufacture of alternative fuels retrofit systems, any interested alternative fuels retrofit system manufacturer shall be able to obtain the information required in sections 1, 3, and 4 of the information document set out in Annex I by contacting the manufacturer directly with such a request. Contact details for that purpose shall be clearly indicated on the manufacturer's website and the information shall be provided within 30 days. Such information need only be provided for alternative fuels retrofit systems that are subject to UNECE Regulation No 115 or for alternative fuels retrofit components that form part of systems subject to UNECE Regulation No 115, and need only be provided in response to a request that clearly specifies the exact specification of the vehicle model for which the information is required and that specifically confirms that the information is required for the development of alternative fuels retrofit systems or components subject to UNECE Regulation No 115.
Amendment 329
Proposal for a regulation
Annex XVIII – point 7 a (new)
7a.  Vehicle manufacturers shall make available via a web service or as a download an electronic data set comprising all VIN numbers (or a requested sub-set) and the correlated individual specification and configuration features which were originally built into the vehicle.
Amendment 330
Proposal for a regulation
Annex XVIII – point 7 b (new)
7b.  Provisions for electronic system security
7b.1.  Any vehicle with an emission control computer shall include features to prevent modification, except as authorised by the manufacturer. The manufacturer shall authorise modifications if they are necessary for the diagnosis, servicing, inspection, retrofitting or repair of the vehicle. Any reprogrammable computer codes or operating parameter shall be resistant to tampering and afford a level of protection at least as good as the provisions in ISO 15031-7 dated 15 March 2001 (SAE J2186 dated October 1996). Any removable calibration memory chips shall be potted, encased in a sealed container or protected by electronic algorithms and shall not be changeable without the use of specialised tools and procedures. It shall only be permitted for features directly associated with emissions calibration or prevention of vehicle theft to be so protected.
7b.2.  Computer-coded engine operating parameters shall not be changeable without the use of specialised tools and procedures (e. g. soldered or potted computer components or sealed (or soldered) computer enclosures).
7b.3.  In the case of mechanical fuel-injection pumps fitted to compression-ignition engines, manufacturers shall take adequate steps to protect the maximum fuel delivery setting from tampering while a vehicle is in service.
7b.4.  Manufacturers may apply to the approval authority for an exemption to one of the requirements of Section 8 for those vehicles which are unlikely to require protection. The criteria that the approval authority shall evaluate in considering an exemption shall include the current availability of performance chips, the high-performance capability of the vehicle and the projected sales volume of the vehicle.
7b.5.  Manufacturers using programmable computer code systems (e.g. electrical erasable programmable read-only memory, EEPROM) shall deter unauthorised reprogramming. Manufacturers shall include enhanced tamper-protection strategies and write-protect features requiring electronic access to an off-site computer maintained by the manufacturer, to which independent operators shall also have access using the protection afforded in Section 6.2 and point 6.4. Methods giving an adequate level of tamper protection shall be approved by the approval authority.
Amendment 331
Proposal for a regulation
Annex XVIII – appendix 2 – point 3.1.1
3.1.1.  any additional protocol information system necessary to enable complete diagnostics in addition to the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49, including any additional hardware or software protocol information, parameter identification, transfer functions, 'keep alive' requirements, or error conditions;
3.1.1.  any additional protocol information system necessary to enable complete diagnostics in addition to the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49 and in paragraph 6.5.1.4 of Annex 11 to UNECE Regulation No 83, including any additional hardware or software protocol information, parameter identification, transfer functions, 'keep alive' requirements, or error conditions;
Amendment 332
Proposal for a regulation
Annex XVIII – appendix 2 – point 3.1.2
3.1.2.  details of how to obtain and interpret all the fault codes that do not comply with the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49;
3.1.2.  details of how to obtain and interpret all the fault codes that do not comply with the standards prescribed in paragraph 4.7.3 of Annex 9B to UNECE Regulation No 49 and in paragraph 6.5.1.4 of Annex 11 to UNECE Regulation No 83;

(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0048/2017).


Palm oil and deforestation of rainforests
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European Parliament resolution of 4 April 2017 on palm oil and deforestation of rainforests (2016/2222(INI))
P8_TA(2017)0098A8-0066/2017

The European Parliament,

–  having regard to the 2015-2030 United Nations Sustainable Development Goals (SDGs),

–  having regard to the Paris Agreement reached at the 21st Conference of Parties of the United Nations Framework Convention on Climate Change (COP21),

–  having regard to Commission Technical Report entitled ‘The impact of EU consumption on deforestation’ (2013-063)(1),

–  having regard to the Commission Communication of 17 October 2008 entitled ‘Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss’ (COM(2008)0645),

–  having regard to the Amsterdam Declaration of 7 December 2015 entitled ‘Towards Eliminating Deforestation from Agricultural Commodity Chains with European Countries’, in support of a fully sustainable palm oil supply chain by 2020 and in support of an end to illegal deforestation by 2020,

–   having regard to the promise of government support for the scheme to make the palm oil industry 100 % sustainable by 2020, made by the five Member States and signatories to the Amsterdam Declaration: Denmark, Germany, France, the United Kingdom and the Netherlands,

–   having regard to the European Strategy for a low-carbon mobility of July 2016 and the Commission proposal of 30 November 2016 for a directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources (recast) (COM(2016)0767),

–   having regard to the study commissioned and funded by the Commission of 4 October 2016 entitled ‘The land use change impact of biofuels consumed in the EU: Quantification of area and greenhouse gas impacts’,

–  having regard to the report entitled ‘Globiom: the basis for biofuel policy post-2020’,

–   having regard to Special Report No 18/2016 of the European Court of Auditors on the EU system for the certification of sustainable biofuels,

–   having regard to the United Nations Convention on Biological Diversity (CBD),

–   having regard to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),

–   having regard to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity, which was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014,

–  having regard to the EU biodiversity strategy to 2020, and the related mid-term review(2),

–  having regard to its resolution of 2 February 2016 on the mid-term review of the EU’s Biodiversity Strategy(3),

–   having regard to the International Union for the Conservation of Nature (IUCN) World Conservation Congress held in Hawaii in 2016 and its Motion 066 on mitigating the impacts of palm oil expansion and operations on biodiversity,

–   having regard to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP),

–  having regard to Rule 52 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Development, the Committee on International Trade and the Committee on Agriculture and Rural Development (A8-0066/2017),

A.  whereas the European Union has ratified the Paris Agreement and should play a crucial role in achieving the objectives laid down in the areas concerning the fight against climate change and delivering environmental protection and sustainable development;

B.  whereas the EU was instrumental in setting the Sustainable Development Goals that are closely linked to the issue of palm oil (SDGs 2, 3, 6, 14, 16, 17 and, in particular, 12, 13 and 15);

C.  whereas under the 2030 Agenda On Sustainable Development, the EU is committed to promoting the implementation of sustainable management of all types of forests, to halting deforestation, to restoring degraded forests and to substantially increasing afforestation and reforestation worldwide by 2020; whereas under the 2030 Agenda the EU is also committed to ensuring sustainable consumption and production patterns, to encouraging companies to adopt sustainable practices and integrate sustainability information into their reporting cycle and to promoting sustainable public procurement practices, in accordance with national policies and global priorities by 2020;

D.  whereas there are many drivers of global deforestation, including the production of agricultural commodities such as soy, beef, maize and palm oil;

E.  whereas nearly half (49 %) of all recent tropical deforestation is the result of illegal clearing for commercial agriculture and this destruction is driven by overseas demand for agricultural commodities, including palm oil, beef, soy, and wood products; whereas it is estimated that the illegal conversion of tropical forests for the purposes of commercial agriculture produces 1,47 gigatonnes of carbon each year – the equivalent of 25 % of the EU’s annual fossil fuel-based emissions(4);

F.  whereas the wildfires of 2015 in Indonesia and Borneo were the worst observed for almost two decades and occurred as a result of global climate change, land use changes and deforestation; whereas the extremely dry conditions in the regions in question are likely to become more common events in the future, unless concerted action is taken to prevent fires;

G.  whereas the wildfires in Indonesia and Borneo exposed 69 million people to unhealthy air pollution and are responsible for thousands of premature deaths;

H.  whereas fires in Indonesia are typically the result of the clearing of land for palm oil plantations and other agricultural uses; whereas 52 % of fires in Indonesia in 2015 occurred in carbon-rich peatlands, turning the country into one of the largest contributors to global warming on Earth(5);

I.  whereas the absence of accurate palm oil concession maps and public land registries in many producing countries makes it difficult to determine responsibility for forest fires;

J.  whereas under the New York Declaration on Forests, the EU has agreed to ‘help meet the private-sector goal of eliminating deforestation from the production of agricultural commodities such as palm oil, soy, paper and beef products by no later than 2020, recognizing that many companies have even more ambitious targets’;

K.  whereas in 2008 the EU committed to reduce deforestation by at least 50 % by 2020 and to halt global forest cover loss by 2030;

L.  whereas precious tropical ecosystems, which cover a mere 7 % of the Earth’s surface, are under increasing pressure from deforestation; whereas the establishment of palm oil plantations is resulting in massive forest fires, the drying up of rivers, soil erosion, peatland drainage, the pollution of waterways and overall loss of biodiversity, which in turn leads to the loss of many ecosystem services and is having a major impact on the climate, the conservation of natural resources and the preservation of the global environment for present and future generations;

M.  whereas the consumption of palm oil and its derived processed goods plays a major role in the impact of EU consumption on global deforestation;

N.  whereas demand for vegetable oils in general is set to increase(6), while demand for palm oil will, according to estimates, double by 2050(7); whereas, since the 1970s, 90 % of the growth in palm oil production has been concentrated in Indonesia and Malaysia; whereas, moreover, oil palm cultivation is also taking off in other Asian countries, as well as in Africa and Latin America, where new plantations are constantly being established and existing ones expanded, a state of affairs that will lead to further damage to the environment; notes, however, that replacing palm oil with other vegetable oils would create a need for more land for cultivation;

O.  whereas the heavy use of palm oil is primarily due to its low cost, which is made possible by the increase in the number of oil palm plantations in deforested areas; whereas, in addition, the use of palm oil in the food industry is in keeping with a model of mass, unsustainable production and consumption, which runs counter to the use and promotion of organic, high-quality, zero-food-mile ingredients and products;

P.  whereas palm oil is increasingly being used as a biofuel and in processed food, with some 50 % of packaged goods now containing palm oil;

Q.  whereas some companies trading in palm oil are failing to prove beyond doubt that the palm oil in their supply chain is not linked to deforestation, peatland drainage or environmental pollution, and to demonstrate that it has been produced with full respect for fundamental human rights and adequate social standards;

R.  whereas under the 7th Environment Action Programme (EAP) the Commission is required to assess the environmental impact, in a global context, of Union consumption of food and non-food commodities and, if appropriate, to develop policy proposals to address the findings of such assessments, and to consider the development of a Union action plan on deforestation and forest degradation;

S.  whereas the Commission is planning studies on deforestation and palm oil;

T.  whereas the total GHG emissions from palm oil-related land use change is unknown; whereas it is necessary to improve scientific assessments in this regard;

U.  whereas there are no reliable data available in producer countries on the areas of land given over to the cultivation of oil palms, whether authorised or not; whereas this obstacle, from the outset, undermines the measures taken to certify the sustainability of palm oil;

V.  whereas the energy sector was responsible for 60 % of EU palm oil imports in 2014, with 46 % of imported palm oil used as fuel for transport (a six-fold increase on 2010) and 15 % for power and heat generation;

W.  whereas it is estimated that by 2020 the amount of land that will be converted globally to produce palm oil for biodiesel will be 1 Mha (million hectares), of which 0,57 Mha will be converted from Southeast Asian primary forests(8);

X.  whereas the total land use change caused by the EU 2020 biofuel mandate is 8,8 Mha, of which 2,1 Mha of land is converted in Southeast Asia under pressure from oil palm plantation expansion, half of which occurs at the expense of tropical forest and peatland;

Y.  whereas the deforestation of rainforests is destroying the natural habitats of more than half of the world’s animal species and more than two thirds of its plant species and endangering their survival; whereas rainforests are home to some of the world’s rarest and often endemic species, which are included on the red list of the International Union for the Conservation of Nature (IUCN) in the category of critically endangered species considered to have been undergoing an observed, estimated, inferred or suspected population size reduction of more than 80 % over the last 10 years or three generations; whereas EU consumers should be better informed of the efforts made to protect those animal and plant species;

Z.  whereas multiple investigations reveal widespread abuses of basic human rights during the establishment and operation of palm oil plantations in many countries, including forced evictions, armed violence, child labour, debt bondage or discrimination against indigenous communities;

AA.  whereas there are very worrying reports(9) that a substantial part of global palm oil production is in breach of fundamental human rights and adequate social standards, that child labour is frequently being exploited, and that there are many land conflicts between local and indigenous communities and palm oil concession holders;

General considerations

1.  Recalls that sustainable agriculture, food security and sustainable forest management are core objectives of the SDGs;

2.  Recalls that forests are essential for climate change adaptation and mitigation;

3.  Notes the complexity of the driving factors of global deforestation, such as clearing land for cattle or arable crops, in particular to produce soya feed for EU livestock, as well as palm oil, urban sprawl, logging and other intensive agricultural activity;

4.  Notes that 73 % of global deforestation arises from the clearing of land for agricultural commodities, with 40 % of global deforestation caused by conversion to large-scale monocultural oil palm plantations(10);

5.  Notes that palm oil exploitation is not the sole cause of deforestation, with the expansion of illegal logging activities and demographic pressures also responsible for this problem;

6.  Observes that other plant-based oils produced from soybeans, rapeseed and other crops have a much higher environmental footprint and require much more extensive land use than palm oil; notes that other oil crops typically entail a more intensive use of pesticides and fertiliser;

7.  Notes with concern that the global rush for land is driven by increasing global demand for biofuel and raw materials, and by speculation on land and agricultural commodities;

8.  Recalls that the EU is a major importer of products resulting from deforestation, which has devastating impacts on biodiversity;

9.  Notes that a little under one quarter (by value) of all agricultural commodities in international trade obtained from illegal deforestation is destined for the EU, including 27 % of all soy, 18 % of all palm oil, 15 % of all beef and 31 % of all leather(11);

10.  Highlights that in order to effectively combat deforestation linked to the consumption of agricultural commodities, EU action should consider not only palm oil production, but all such imported agricultural imports;

11.  Recalls that Malaysia and Indonesia are the main producers of palm oil, with an estimated 85-90 % of global production, and welcomes the fact that Malaysian primary forest levels have increased since 1990, but remains concerned that current deforestation levels in Indonesia are running at a rate of -0,5 % total loss every five years;

12.  Recalls that Indonesia has recently become the third highest polluter of CO2 in the world and suffers from decreasing biodiversity, with several endangered wildlife species on the verge of extinction;

13.  Recalls that palm oil accounts for about 40 % of global trade in all vegetable oils and that the EU, with around 7 million tonnes per year, is the second largest global importer;

14.  Is alarmed by the fact that around half of the area of illegally cleared forests is used for palm oil production for the EU market;

15.  Notes that palm oil is used as an ingredient and/or substitute by the agri-food industry because of its productivity and chemical properties, for example its ease of storage, melting point and lower price as a raw material;

16.  Notes also that palm kernel cake is used in the EU for animal feed, especially for fattening dairy and beef cattle;

17.  Highlights in this context that social, health and environmental standards are stricter in the EU;

18.  Is fully aware of how complex the issue of palm oil is and emphasises the importance of developing a global solution based on the collective responsibility of many actors; strongly recommends this principle for all those involved in its supply chain, including: the EU and other international organisations, the Member States, financial institutions, the governments of producer countries, indigenous people and local communities, national and multinational businesses involved in producing, distributing and processing palm oil, consumer associations, and NGOs; is convinced, moreover, that all of these actors must necessarily play a part by coordinating their efforts in order to resolve the many serious problems linked to the unsustainable production and consumption of palm oil;

19.  Underlines the shared global responsibility in achieving sustainable palm oil production, while emphasising the important role of the food industry to source sustainably produced alternatives;

20.  Notes that a number of commodity producers and traders, retailers and other intermediaries in the supply chain, including European companies, have made commitments in the areas of zero-deforestation production and trade of commodities, zero-conversion of carbon-rich peatlands, respect for human rights, transparency, traceability, third party verification and responsible management practices;

21.  Recognises that the conservation of the rainforest and global biodiversity are of the utmost importance for the future of the earth and humanity, but stresses that preservation efforts should be combined with rural development policy instruments to prevent poverty and bolster employment for small farming communities in the areas concerned;

22.  Considers that efforts to halt deforestation must include local capacity-building, technological aid, the sharing of best practices between communities and support to help smallholders make the most effective use of their existing croplands without resorting to further forest conversion; stresses, in this context, the strong potential of agroecological practices to maximise ecosystem functions via mixed, high diversity planting, agroforestry and permaculture techniques, without resorting to input dependency or monocultures;

23.  Notes that the cultivation of palm oil can deliver positive contributions to the economic development of countries and offer viable economic opportunities for farmers, provided that it is carried out responsibly and sustainably and that strict conditions for sustainable cultivation are laid down;

24.  Notes the existence of various types of voluntary certification schemes, including RSPO, ISPO and MSPO, and welcomes their role in promoting the sustainable cultivation of palm oil; notes, however, that the sustainability criteria of these standards are the subject of criticism especially with regard to ecological and social integrity; emphasises that the existence of different schemes is confusing for consumers and that the ultimate objective should be the development of a single certification scheme, which would improve the visibility of sustainable palm oil for consumers; calls on the Commission to ensure that such a certification scheme will guarantee that only sustainably produced palm oil enters the EU market;

25.  Notes that our non-EU partners also need to be made more aware of their role in tackling sustainability and deforestation issues, including in their sourcing practices;

Recommendations

26.  Calls on the Commission to honour the EU’s international commitments, inter alia, those made within the framework of COP21, the UN Forum on Forests (UNFF)(12), the UN Convention on Biological Biodiversity (UNCBD)(13), the New York Declaration on Forests and the Sustainable Development Goal to halt deforestation by 2020(14);

27.  Notes the potential of initiatives such as the New York Declaration on Forests(15) aimed at helping to meet private-sector goals to eliminate deforestation from production of agricultural commodities such as palm, soya, paper and beef by 2020; notes that some companies have more ambitious targets, but while 60 % of companies dealing in palm oil have committed to such initiatives, so far only 2 % are able to trace the palm oil they trade to its source(16);

28.  Notes the efforts and progress made by the food manufacturing sector to source CSPO; calls on all industry sectors using palm oil to step up their efforts to source CSPO;

29.  Calls on the Commission, and all Member States who have not yet done so, to demonstrate their commitment to working towards the establishment of an EU-wide national commitment of sourcing 100 % certified sustainable palm oil by 2020 by, inter alia, signing and implementing the Amsterdam Declaration ‘Towards Eliminating Deforestation from Agricultural Commodity Chains with European Countries’, and to working towards the establishment of an industry commitment by, inter alia, signing and implementing the Amsterdam Declaration ‘In Support of a Fully Sustainable Palm Oil Supply Chain by 2020’;

30.  Calls for companies that cultivate palm oil to adhere to the Bangkok Agreement on a Unified Approach to Implementing No Deforestation Commitments and to use the High Carbon Stock (HCS) approach, which helps to determine areas suitable for palm oil plantation, such as degraded lands of little carbon storage or natural value;

31.  Calls for the EU to maintain its commitments, to step up ongoing negotiations on the FLEGT Voluntary Partnership Agreements and to ensure that the final agreements cover conversion timber taken from the development of palm oil plantations; stresses the need to ensure that these agreements are in line with international law and commitments concerning environmental protection, human rights and sustainable development, and that they bring about adequate measures for the conservation and sustainable management of forests, including the protection of the rights of local communities and indigenous peoples; notes that a similar approach could also be taken with a view to ensuring responsible palm oil supply chains; suggests that EU policies for the palm oil sector build upon the FLEGT principles of multi-stakeholder dialogue and tackling deep-seated governance issues in producer countries, as well as supportive EU import policies; notes that these measures could lead to improved controls on the palm industry in countries of destination;

32.  Notes that an important element involves cooperating with producing countries by exchanging information on sustainable and economically viable developments and trading practices; supports producing countries in their efforts to develop sustainable practices that can help to improve lives and the economy of those countries;

33.  Calls on the Commission to encourage the exchange of best practice on transparency and cooperation between governments and companies that use palm oil and, together with the Member States, to work with third countries to develop and implement national laws and to respect customary community land rights that ensure that forests, forest peoples and their livelihoods are protected;

34.  Calls on the Commission to assess the necessity of putting in place mechanisms to address the conversion of forests for commercial agriculture within the FLEGT Action Plan Voluntary Partnership Agreement (VPA) framework and to empower further civil society organisations and native communities and farmer‑landowners in the process;

35.  Calls for the EU to create, as a supplementary element of voluntary partnership agreements, follow-up legislation on such agreements with regard to palm oil along the lines of the EU Timber Regulation which includes both companies and financial institutions; notes that the EU has regulated the supply chains of timber, fish and conflict minerals, but has not yet regulated any forest risk agricultural commodity supply chains; urges the Commission and Member States to step up their efforts to implement the Timber Regulation, in order to better gauge its effectiveness and to ascertain whether it could be used as a model for a new EU legislative act designed to prevent the sale of unsustainable palm oil in the EU;

36.  Calls on the Commission, in cooperation with all relevant stakeholders from the public and private sectors, to launch information campaigns and to provide consumers with comprehensive information on the positive environmental, social and political consequences of sustainable palm oil production; calls on the Commission to ensure that information confirming that a product is sustainable is provided to consumers by means of an immediately recognisable sign for all products containing palm oil, and strongly recommends that this sign is included on the product or packaging, or is easily accessible through technological features;

37.  Calls on the Commission to work closely with other significant consumers of palm oil, such as China, India and the producing countries, so as to raise their awareness and to explore common solutions to the problem of tropical deforestation and forest degradation;

38.  Eagerly awaits the Commission’s studies on deforestation and palm oil, which are expected to be presented as soon as possible after their completion;

39.  Calls on the Commission to provide comprehensive data on the use and consumption of palm oil in Europe and its importation into the EU;

40.  Calls on the Commission to intensify its research so as to gather information on the impact of European consumption and investment on the deforestation process, social problems, endangered species and environmental pollution in third countries, and to appeal to trading partners outside the EU to follow suit;

41.  Calls on the Commission to develop technologies and present a concrete action plan, including information campaigns, in order to reduce the impact of European consumption and investment on deforestation in third countries;

42.  Acknowledges the positive contribution made by existing certification schemes, but observes with regret that RSPO, ISPO, MSPO, and all other recognised major certification schemes do not effectively prohibit their members from converting rainforests or peatlands into palm plantations; considers, therefore, that these major certification schemes fail to effectively limit greenhouse gas emissions during the establishment and operation of the plantations, and have consequently been unable to prevent massive forest and peat fires; calls on the Commission to ensure that independent auditing and monitoring of those certification schemes is carried out, so as to guarantee that the palm oil placed on the EU market fulfils all necessary standards and is sustainable; notes that the issue of sustainability in the palm oil sector cannot be addressed by voluntary measures and policies alone, but that palm oil companies should also be subject to binding rules and a mandatory certification scheme;

43.  Calls for the EU to introduce minimum sustainability criteria for palm oil and products containing palm oil that enter the EU market, making sure that palm oil in the EU:

   has not led to ecosystem degradation, such as deforestation of primary and secondary forests and the destruction or degradation of peatlands or other ecologically valuable habitats, whether directly or indirectly, and does not cause a loss in biodiversity, foremost of all endangered animal and plant species,
   has not given rise to changes in land management practices which have negative environmental impacts,
   has not given rise to economic, social and environmental problems and conflicts, including the particular problems of child labour, forced labour, land grabbing or the eviction of indigenous or local communities,
   fully respects fundamental human and social rights, and is in full compliance with adequate social and labour standards designed to guarantee the safety and wellbeing of workers,
   enables small-scale palm oil cultivators to be included in the certification system and ensures that they receive their fair share of profits,
   is cultivated on plantations that are managed using modern agro-ecological techniques in order to drive the conversion to sustainable agricultural practices so as to minimise adverse environmental and social outcomes;

44.  Notes that strong standards for responsible palm oil production, including those developed by the Palm Oil Innovation Group (POIG) are already available, but have yet to be widely adopted by companies and certification systems, with the exception of RSPO Next;

45.  Notes the importance for all actors along the supply chain of being able to distinguish between sustainably and non-sustainably sourced palm oil and its residues and by-products; notes the importance of traceability of commodities and transparency throughout all stages of the supply chain;

46.  Calls for the EU to establish a binding regulatory framework to ensure that all agricultural commodity importers’ supply chains are traceable back to the origin of the raw material;

47.  Calls on the Commission to increase the traceability of palm oil imported into the EU and, until the single certification scheme is applied, to consider applying different customs duty schemes that more accurately reflect the real costs associated with the environmental burden; asks the Commission to also consider the introduction and application of non-discriminatory tariff and non-tariff barriers based on the carbon footprint of palm oil; calls for the ‘polluter pays’ principle to be fully applied in relation to deforestation;

48.  Calls on the Commission to clearly define sanctions for non-compliance, while maintaining trading relations with third countries;

49.  Calls on the Commission, in this regard, to initiate a reform of the Harmonised System (HS) Nomenclature at the World Customs Organisation (WCO) that would allow a distinction between certified sustainable and unsustainable palm oil and their derivatives;

50.  Calls on the Commission to include, without delay, binding commitments in the sustainable development chapters of its trade and development cooperation agreements with a view to preventing deforestation, including, in particular, an anti-deforestation guarantee in trade agreements with producing countries, and with a view to providing strong and enforceable measures to tackle unsustainable forestry practices in producing countries;

51.  Calls on the Commission and the Member States to focus on the development of tools that will facilitate the better integration of conservation issues into development cooperation; notes that such an approach will help to ensure that development activities do not lead to unintended environmental problems, but rather work in synergy with conservation activities;

52.  Observes that weak land registry regimes in producing countries constitute a major obstacle to controlling the expansion of palm oil plantations and limit smallholders’ opportunities to access the credit they require to improve the sustainability record of their plantations; notes that strengthening governance and forestry institutions at local and national level is a precondition for an effective environment policy; calls on the Commission to provide technical and financial assistance to producing countries in order to strengthen their land registry regimes and improve the environmental sustainability of palm oil plantations; points out that mapping in producer countries, including that carried out by means of satellite and geospatial technologies, is the only way to monitor oil palm concessions and to put in place targeted strategies for forestation, reforestation and the creation of ecological corridors; calls on the Commission to support producing countries to put in place fire prevention schemes;

53.  Supports the Indonesian Government’s recent peatland moratorium, which should prevent plantations from being expanded on afforested peatland; supports the setting up of a Peatland Restoration Agency for the purpose of restoring 2 million hectares of fire-hit peatland;

54.  Calls on the Commission and the Member States to endorse the need, as part of the dialogue with those countries, to impose a freeze on the area under oil palm cultivation, including by introducing a moratorium on new concessions, in order to safeguard the remaining rainforest;

55.  Is alarmed that land deals can breach the principle of local communities’ free, prior and informed consent as set out in ILO Convention 169; calls for the EU and its Member States to ensure that EU-based investors adhere fully to international standards on responsible and sustainable investment in agriculture, notably the UN Food and Agriculture Organisation (FAO)-OECD Guidance for Responsible Agricultural Supply Chains, the FAO voluntary guidelines on land tenure, the UN’s Guiding Principles on Business and Human Rights and the OECD’s Guidelines for Multinational Enterprises; underlines the need to take steps to ensure access to remedy for victims of corporate abuses;

56.  Calls therefore on the relevant authorities in source countries to respect human rights, including the land rights of forest dwellers, and to strengthen environmental, social and health commitments, taking into account the FAO voluntary guidelines on land tenure(17);

57.  Urges that the EU support micro-, small- and family‑based local rural enterprises and promote national and local legal registration of property or possession of land;

58.  Highlights the low deforestation rates of indigenous lands with secured customary systems of tenure and resource management, which have a high potential in terms of the cost-effective reduction of emissions and securing global ecosystem services; calls for the utilisation of international climate and development funds to secure indigenous and community lands and to support indigenous peoples and communities who invest in protecting their lands;

59.  Recalls that poor rural women are especially dependent on forest resources for their subsistence; stresses the necessity to mainstream gender in national forest policies and institutions, so as to promote e.g. the equal access of women to ownership of land and other resources;

60.  Reminds the Commission of its Communication entitled ‘Addressing the challenges of deforestation and forest degradation to tackle climate change and biodiversity loss’ (COM(2008)0645), which emphasises a holistic approach to tropical deforestation that takes into account all deforestation drivers, including palm oil production; reminds the Commission of its objective in the COP21 negotiations to halt global forest cover loss by 2030 at the latest and to reduce gross tropical deforestation by at least 50 % by 2020 compared to current levels;

61.  Calls on the Commission to press ahead with developing an EU action plan on deforestation and forest degradation which would include concrete regulatory measures to ensure that no supply chains and financial transactions linked to the EU result in deforestation and forest degradation, in line with the 7th EAP, as well as an EU action plan on palm oil; calls on the Commission to adopt a single unified definition of ‘deforestation-free’;

62.  Urges the Member States and the Commission to establish a definition of forest that includes biological, social and cultural diversity, so as to prevent land grabbing and the destruction of tropical forests resulting from vast palm oil monoculture, as this would jeopardise EU climate change commitments; stresses the need to give priority to native species, thereby protecting ecosystems, habitats and local communities;

63.  Calls on the Commission to put forward an EU action plan on responsible business conduct.

64.  Insists that development financial institutions should ensure that their social and environmental safeguard policies are binding and fully aligned with international human rights law; calls for increased transparency in the funding of private financial institutions and public financial bodies;

65.  Calls on the Member States to introduce obligatory requirements favouring sustainable palm oil in all national public procurement procedures;

66.  Notes with concern that commercial agriculture remains a significant driver of global deforestation and that around half of all tropical deforestation since 2000 has been due to the illegal conversion of forests to commercial agriculture, which may also entail a conflict risk; calls for improved coordination of forest, commercial agriculture, land use and rural development policies with a view to achieving the SDGs and the climate change commitments; stresses the need for policy coherence for development (PCD) also in this field, including on EU renewable energy policy;

67.  Draws attention to the problems associated with land concentration processes and land use changes that arise when monocultures, such as palm oil plantations, are created;

68.  Calls on the Commission to support further research into the effects of land use change, including deforestation and bioenergy production, on GHG emissions;

69.  Calls on the Commission to set an example for other countries by establishing accounting rules for greenhouse gas emissions from managed wetlands and for land-use changes of wetlands in EU legislation;

70.  Notes the effects of large oil palm monocultures, which increase pest presence, water pollution from agrochemicals and soil erosion, and impact the carbon sinking and ecology of the whole region, hampering the migration of animal species;

71.  Notes that the latest research proves that agroforestry polycropping applied to palm oil plantations can offer combined benefits in terms of biodiversity, productivity and positive social outcomes;

72.  Calls on the Commission to ensure the coherence of and to boost synergies between the Common Agricultural Policy (CAP) and other EU policies, and to ensure that they are conducted in a manner consistent with programmes aimed at combating deforestation in developing countries, such as REDD; calls on the Commission to ensure that the CAP reform does not lead, directly or indirectly, to further deforestation and that it supports the goal of putting an end to global deforestation; calls on the Commission and the Member States to ensure that the environmental problems relating to deforestation caused by palm oil are also addressed in the light of the objectives set by the EU Biodiversity Strategy to 2020, which should be an integral part of the Union’s external action in this area;

73.  Calls on the Commission to provide support to organisations focusing mainly on the in situ – but also ex situ – conservation of all animal species affected by habitat loss due to palm oil-related deforestation;

74.  Calls for more research at EU level into sustainable animal feed in order for alternatives to oil palm products to be developed for European agriculture;

75.  Notes that 70 % of biofuel consumed in the EU is grown/produced in the EU and, of the biofuel imported into the EU, 23 % is palm oil, mainly from Indonesia, and another 6 % is soya(18);

76.  Notes the indirect effects of EU biofuel demand associated with tropical forest destruction;

77.  Notes that once Indirect Land Use Change (ILUC) is taken into account, crop-derived biofuels can in some cases even result in a net increase in greenhouse gas emissions, e.g. the burning of habitats with high carbon stocks like tropical forests and peatland; is concerned that the impact of ILUC is not covered by the Commission’s assessment of voluntary schemes;

78.  Calls for the EU institutions to include, as part of the reform of the Renewable Energy Directive (RED), specific verification procedures regarding land tenure conflicts, forced/child labour, poor working conditions for farmers and dangers to health and safety in its voluntary scheme; calls, likewise, on the EU to take into account the impact of ILUC and to include social responsibility requirements in the reform of the RED;

79.  Calls for the inclusion in EU biofuels policy of effective sustainability criteria that protect land of high biodiversity value, high carbon stocks and peatland, and that include social criteria;

80.  Acknowledges the latest report(19) of the European Court of Auditors analysing the current certification schemes for biofuels, which found that these schemes are missing important aspects of sustainability such as not taking into account the indirect effects of demand, lack verification and cannot guarantee that certified biofuels are not causing deforestation and related negative socioeconomic effects; is aware of concerns about transparency in the evaluation of the certification schemes; calls on the Commission to improve the transparency of the sustainability schemes, including by drawing up an appropriate list of the aspects that should be scrutinised, such as yearly reports and the possibility of requesting audits, to be performed by independent third parties; calls for the Commission to have enhanced powers for the verification and monitoring of schemes, reports and activities;

81.  Calls for the relevant recommendations of the Court to be implemented, as agreed by the Commission;

82.  Notes with concern that 46 % of total palm oil imported by the EU is used for the production of biofuels and that this requires the use of about one million hectares of tropical soils; calls on the Commission to take measures to phase out the use of vegetable oils that drive deforestation, including palm oil, as a component of biofuels, preferably by 2020;

83.  Notes that simply banning or phasing out the use of palm oil may give rise to replacement tropical vegetable oils being used for biofuel production, which would, in all probability, be grown in the same ecologically sensitive regions as palm oil and which may have a much higher impact on biodiversity, land use and greenhouse gas emissions than palm oil itself; recommends finding and promoting more sustainable alternatives for biofuel use, such as European oils produced from domestically cultivated rape and sunflower seeds;

84.  Calls on the Commission and Member States to simultaneously support further development of second and third generation biofuels to reduce the risk of indirect land use change within the Union and to stimulate the transition towards advanced biofuels therein, in accordance with Directive (EU) 2015/1513 and in line with the circular economy, resource efficiency and low-emission mobility ambitions of the Union;

o
o   o

85.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) http://ec.europa.eu/environment/forests/pdf/1.%20Report%20analysis%20of%20impact.pdf
(2)Commission Communication entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’ (COM(2011)0244)
(3)Texts adopted, P8_TA(2016)0034.
(4) Source: Forest Trends: Consumer Goods and Deforestation: An Analysis of the Extent and Nature of Illegality in Forest Conversion for Agriculture and Timber Plantations (http://www.forest-trends.org/documents/files/doc_4718.pdf).
(5) Source: World Resources Institute (http://www.wri.org/blog/2015/10/indonesia%E2%80%99s-fire-outbreaks-producing-more-daily-emissions-entire-us-economy).
(6) http://www.fao.org/docrep/016/ap106e/ap106e.pdf (FAO, World Agriculture Towards 2030/2050 – The 2012 Revision).
(7) http://wwf.panda.org/what_we_do/footprint/agriculture/palm_oil/ (WWF).
(8) Source: Globiom report (https://ec.europa.eu/energy/sites/ener/files/documents/Final%20Report_GLOBIOM_publication.pdf ).
(9) For example: Amnesty International – The Great Palm Oil Scandal (https://www.amnesty.org/en/documents/asa21/5243/2016/en/) and Rainforest Action Network – The Human Cost of Conflict Palm Oil (https://d3n8a8pro7vhmx.cloudfront.net/rainforestactionnetwork/pages/15889/attachments/original/1467043668/The_Human_Cost_of_Conflict_Palm_Oil_RAN.pdf?1467043668).
(10) The impact of EU consumption on deforestation: Comprehensive analysis of the impact of EU consumption on deforestation, 2013, European Commission (http://ec.europa.eu/environment/forests/pdf/1.%20Report%20analysis%20of%20impact.pdf) (p. 56).
(11) Source: FERN: Stolen Goods: The EU’s complicity in illegal tropical deforestation (http://www.fern.org/sites/fern.org/files/Stolen%20Goods_EN_0.pdf).
(12) UN Forum on Forest conclusions.
(13) UN Convention on Biodiversity, Aichi targets: https://www.cbd.int/sp/targets/
(14) Sustainable Development Goals, Art. 15.2, Target of halting deforestation https://sustainabledevelopment.un.org/sdg15
(15) UN Climate summit, 2014
(16) http://forestdeclaration.org/wp-content/uploads/2015/09/2016-NYDF-Goal-2-Assessment-Report.pdf
(17) UN FAO’s Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, Rome 2012, http://www.fao.org/docrep/016/i2801e/i2801e.pdf
(18) Eurostat – Supply, transformation and consumption of renewable energies; annual data (nrg_107a), Globiom study ‘The land use change impact of biofuels consumed in the EU’, 2015, and http://www.fediol.be/
(19) Source: European Court of Auditors: Certifying biofuels: weaknesses in recognition and supervision of the system (http://www.eca.europa.eu/en/Pages/NewsItem.aspx?nid=7171).


Women and their roles in rural areas
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European Parliament resolution of 4 April 2017 on women and their roles in rural areas (2016/2204(INI))
P8_TA(2017)0099A8-0058/2017

The European Parliament,

–  having regard to Articles 2 and 3 of the Treaty on European Union (TEU) and Article 157 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Protocol No 1 on the role of National Parliaments in the European Union,

–  having regard to Protocol No 2 on the application of the principles of subsidiarity and proportionality,

–  having regard to Articles 21 and 23 of the Charter of Fundamental Rights of the European Union,

–  having regard to the Beijing Platform for Action,

–  having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women, adopted in 1979,

–  having regard to Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security(1),

–  having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation(2),

–  having regard to Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC(3),

–  having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006(4),

–  having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005(5),

–  having regard to Article 7 of Regulation (EU) No 1305/2013 on the European Agricultural Fund for Rural Development,

–  having regard to its resolution of 12 March 2008 on the situation of women in rural areas of the EU(6),

–  having regard to its resolution of 5 April 2011 on the role of women in agriculture and rural areas(7),

–  having regard to its resolution of 8 July 2015 on the Green Employment Initiative: Tapping into the job creation potential of the green economy(8),

–  having regard to its resolution of 8 September 2015 on family businesses in Europe(9),

–  having regard to the recommendations issued on 17 October 2016 by the UN Committee on World Food Security on livestock production and world food security, in particular those relating to gender equality and women’s empowerment,

–  having regard to its resolution of 27 October 2016 on how the CAP can improve job creation in rural areas(10),

–  having regard to Rule 52 of its Rules of Procedure,

–  having regard to the joint deliberations of the Committee on Agriculture and Rural Development and the Committee on Women’s Rights and Gender Equality under Rule 55 of the Rules of Procedure,

–  having regard to the report of the Committee on Agriculture and Rural Development and the Committee on Women’s Rights and Gender Equality (A8-0058/2017),

Multifunctionality of women’s roles in rural areas

A.  whereas social and economic circumstances and living conditions have changed substantially in recent decades and differ quite considerably between the Member States as well as within them;

B.  whereas women make significant contributions to the rural economy, and whereas the diversification measures and the concept of multifunctionality, as an essential basis for sustainable development strategies, though not yet fully exploited in all areas, have opened up new opportunities for women, with the help of innovation and the creation of new concepts which make it possible to inject fresh dynamism into farming;

C.  whereas women are very often the promoters of the development of additional activities on or outside the farm beyond the scope of agricultural production, making it possible to impart real added value to activities in rural areas;

D.  whereas women living in rural areas are not a homogeneous group, given that their situation, occupations, contributions to society and ultimately their needs and interests vary significantly among and within Member States;

E.  whereas women are actively involved in agricultural activities, entrepreneurship and tourism, and play an important role in preserving cultural traditions in rural areas, which can contribute to the building and/or strengthening of regional identity;

F.  whereas equality between women and men is a core principle of the European Union and its Member States, and its promotion one of its principal objectives; whereas gender equality is a basic value of the EU recognised in the Treaties and in the Charter of Fundamental Rights, and the EU has assumed the specific task of integrating it in all its activities; whereas gender mainstreaming is an important tool in the integration of this principle into EU policies, measures and actions with a view to promoting equality between women and men, and combating discrimination in order to increase active involvement of women in the labour market, and economic and social activities; whereas this tool is also applicable to the EU Structural and Investment Funds, including the EAFRD;

G.  whereas family farming is the most common operational farming model in the EU‑28 with 76,5 % of the work being carried out by the holder or members of his or her family(11) and should thus be supported and protected; whereas family farming promotes intergenerational solidarity and social and environmental responsibility, thus contributing to the sustainable development of rural areas;

H.  whereas, in a context of growing urbanisation, it is essential to maintain an active, dynamic and prosperous population in rural areas, with particular attention to areas with natural constraints, as the conservation of the environment and the landscape depend on it;

I.  whereas the ageing of the population together with the decline in farming activity and economic decline in the EU’s rural areas represent some of the main causes of depopulation and women’s abandonment of rural areas, which has an adverse impact not only on the labour market but also on the social infrastructure; whereas this situation can only be halted if the European institutions and governments take all possible steps to ensure greater recognition of their work and rights and provide rural areas with the necessary services that make work-life balance possible;

J.  whereas rural tourism, which includes the supply of goods and services in the countryside through family and cooperative enterprises, is a low-risk sector, generates employment, makes it possible to combine personal and family life with work and encourages the rural population, especially women, to remain in the countryside;

K.  whereas the economic crisis has affected the European Union and has had a severe impact on many rural areas and regions; whereas the consequences of the crisis are still visible and young people from rural areas are facing serious levels of unemployment, poverty and depopulation that affect women in particular; whereas women directly experience the impact of the crisis in the management of their farms and homes;

L.  whereas such a situation poses a serious challenge for the Common Agricultural Policy (CAP), which should ensure the development of rural areas while enhancing their potential;

M.  whereas it is necessary to maintain a sustainable and vibrant farming sector as the fundamental economic, environmental and social basis of rural areas, which contributes to rural development, sustainable food production, biodiversity and the creation of jobs;

N.  whereas the status of smallholder and family farms as primary food producers must be improved and their farming and livestock activities maintained by promoting innovation and adequate financial resources and measures at EU level; whereas 2,4 million farms in the EU disappeared between 2005 and 2010, most of which were small or family farms, increasing unemployment in rural areas;

O.  whereas the promotion of diversification measures and the development of short supply chains, as well as promotion of producer organisations (POs), can contribute to the sector’s resilience, which faces the challenges of unfair trading practices and increasingly volatile markets;

P.  whereas it is important to support and promote the participation of women in the agri‑food value chain, since their role is mainly concentrated in production and processing;

Q.  whereas access to lifelong learning, the opportunity to validate skills acquired in non-formal settings, and the opportunity to re-train and to acquire skills that can be used in a dynamically developing labour market are crucial prerequisites for increasing women’s employment in rural areas;

R.  whereas cooperatives, mutuals, social enterprises and other alternative business models have enormous potential to stimulate sustainable and inclusive economic growth and economically empower women in rural areas and in the agricultural sector;

S.  whereas the inclusion of women and girls in education and lifelong learning, particularly in areas of science, technology, engineering, and maths (STEM), as well as in entrepreneurship is necessary for achieving gender equality in the agricultural and food production sectors, as well as in tourism and other industries in rural areas;

Challenges for women in rural areas

T.  whereas women represent slightly less than 50 % of the total working-age population in the rural areas of the EU, but only about 45 % of the total economically active population; whereas many are never registered as unemployed or included in unemployment statistics and no clear figures exist on women’s involvement in farming as owners or employees;

U.  whereas in the predominantly rural areas of the EU, only 61 % of women aged 20 to 64 were employed in 2009(12); whereas, in many Member States, women in rural areas have limited access to employment and their chances of working in farming are relatively poor, yet they still play an important role in rural development and in the social fabric of rural areas, through providing income for households or improving living conditions;

V.  whereas in 2014 women were responsible for about 35 % of total working time in agriculture, carrying out 53,8 % of part-time work and 30,8 % of full-time work, thereby making a significant contribution to agricultural production; whereas work carried out by spouses and other female family members on farms is often indispensable and constitutes nothing short of ‘invisible work’ due to a lack of professional status allowing for its recognition and for the women concerned to register with the social security services, which would prevent the possible loss of entitlements such as sick leave and maternity leave, and ensure their financial independence;

W.  whereas in some Member States, such as France, different legal statuses exist for wives who work regularly on the farm (coworker, employee or farm manager), which makes it possible for proper social protection to be extended to them to insure them against adverse eventualities in their personal life and their work;

X.  whereas on average only 30 % of farm holdings in the EU are managed by women; whereas there is a significant number of female workers in agriculture, and most women are classified as the holder’s spouse, corresponding to 80,1 % of all spouses in 2007(13);

Y.  whereas the farm owner is the person mentioned on bank documents and for the purposes of subsidies and accumulated rights, and the person who represents the farm within associations and groups; whereas not being the owner of the farm means not having any rights related to this ownership status (rights to single payments, suckler cow premiums, vine planting rights, income, etc.) and this places women farmers in a vulnerable and disadvantaged situation;

Z.  whereas, to be able to benefit from positive aid schemes in favour of working women in agriculture, they should be recognised as owners or co-owners; whereas women’s farm ownership or co-ownership should be promoted by the European Union, which would have positive effects on their situation in the labour market, social entitlements and economic independence, thus ensuring their greater visibility (and recognition of their contribution to the economy and incomes) in rural areas and increased access to land;

AA.  whereas women in rural areas need to be made more visible in European, national and regional statistics in order to reflect their situation and the role they play;

AB.  whereas increased access for young people and women to land would improve generational renewal in farming and foster economic growth and social well-being;

AC.  whereas the provision of quality and affordable public and private services, including care for children, elderly and other dependants, including persons with disabilities, is important for all inhabitants of rural areas; whereas such services are particularly important for facilitating a work-life balance, especially for women, given that they have been involved to a greater extent in looking after young, dependent and elderly members of the family;

AD.  whereas women have a multifunctional role in rural areas and, therefore, such services would enable them to work and further develop their careers while ensuring a fair distribution of family and care responsibilities;

AE.  whereas the basis for improving the quality of life in rural areas is the availability of infrastructure such as transport links, access to high-speed broadband Internet, including mobile data services and energy provision, as well as quality social, health and educational services;

AF.  whereas rural broadband coverage continues to lag behind national coverage across the EU‑28; whereas, in 2015, 98,4 % of rural households were covered by at least one broadband technology, but only 27,8 % had access to next‑generation services; whereas digital infrastructure, which is not fully developed in all rural areas of the EU, can be of great help in accessing information and educational opportunities, information‑sharing and the exchange of good practices between women in rural areas, and can represent a key element in the support needed to maintain the female population of those areas;

AG.  whereas education is a fundamental tool for fostering the value of equality, which should be promoted across the board, not only in schools, but also in vocational training, and especially in training focusing on the primary sector;

AH.  whereas improving general conditions in rural areas will result in achieving an improved status for women in those areas;

AI.  whereas the significant contribution that women make to local and rural development is not sufficiently reflected in their participation in the corresponding decision-making processes, given that women in rural areas are often under-represented in decision-making bodies such as agricultural cooperatives, trade unions and municipal governments; whereas increasing women’s representation in such bodies is highly important;

AJ.  whereas women in rural areas also suffer from gender pay and pension gaps, which are widening in some Member States; whereas establishing up-to-date statistics on the employment situation of women in rural areas, as well as their working and living conditions, therefore deserves greater attention;

AK.  whereas thematic sub-programmes on ‘Women in rural areas’ have not been created so far and women’s participation in the use of the instruments available under rural development programmes until 2014 was regrettably low; whereas out of 6,1 million participants in training measures, only 28 % were women; whereas only 19 % of the beneficiaries of physical investment in farm holdings for modernisation and 33 % of the beneficiaries of diversification measures were women; whereas with regard to jobs created as a result of axis 3 measures (diversification of the economy in rural areas), only 38 % of the beneficiaries were women;

1.  Emphasises the active role of women in rural areas and recognises women’s contribution to the economy in such areas as entrepreneurs, heads of the family business and promoters of sustainable development; takes the view that, from a social, economic and environmental perspective, female entrepreneurship is a major sustainable-development pillar for rural areas and should therefore be promoted, encouraged and supported within rural development strategies, and, in particular, through education and vocational training, promotion of female ownership, entrepreneurs’ networks and access to investment and credit, promotion of their representation in managerial bodies, and through creating the opportunities necessary to support young, self-employed, part-time and often low‑paid women;

2.  Calls on the Commission, together with the Member States, to support successful reconciliation of work-life balance, the stimulation of new job opportunities and better quality of life in rural areas, as well as encouraging women to put their own projects into practice;

3.  Welcomes the support for women in rural areas in the form of initiatives focusing on community appreciation or networking; stresses, in particular, women’s fundamental role as members of smallholdings or family farms, which constitute the main socioeconomic cell of rural areas that cares for food production, preservation of traditional knowledge and skills, regional identities and protection of the environment; takes the view that women farmers have a significant role to play in ensuring the continued existence of smallholdings and family farms with prospects for the future;

4.  Takes the view that, given the different roles, occupations and situations of women in rural areas, improving employment prospects requires tailored assistance and support for their needs and interests;

5.  Calls on the Commission and the Member States to support, encourage, facilitate and promote access to the labour market for women in rural areas as a priority in its future rural development policies, and to formulate targets related to lasting paid employment in this context; calls also on the Member States to include in their rural development programmes strategies focusing specifically on women’s contribution to achieving the objectives of the Europe 2020 Strategy;

6.  Notes that women’s participation in the labour market in rural areas includes a wide spectrum of jobs that goes beyond conventional agriculture, and stresses in this regard that women in rural areas can be agents of change in moving towards sustainable and ecologically sound agriculture and can play an important role in the creation of green jobs;

7.  Calls on the Member States to make more targeted use and raise awareness of the European Progress Microfinance Facility, to use EAFRD‑specific measures in favour of women’s employment, to promote and enhance various types of working arrangements for women, taking into consideration the specific conditions in rural areas, to provide various types of incentives to support sustainability and the development of start-ups and SMEs, and to introduce initiatives in order to create new and maintain existing agricultural jobs and make them more attractive to young women;

8.  Encourages the Member States to monitor the situation of women in rural areas on a regular basis and to make the greatest possible use of the specific instruments and existing measures under the CAP in order to increase the participation of women as beneficiaries, thereby improving their situation;

9.  Recommends that the Commission keep and improve thematic sub-programmes on ‘Women in rural areas’ when reforming the CAP in the future, basing these programmes, inter alia, on the marketing, direct sale and promotion of products at local or regional level, as they can play a role in creating job opportunities for women in rural areas;

10.  Points out that equality between women and men is a core objective of the EU and its Member States; calls on the Commission and Council to ensure that gender equality is incorporated in all EU programmes, actions and initiatives, and therefore calls for the application of gender mainstreaming within the CAP and the rural cohesion policies; proposes new targeted actions aimed at encouraging the participation in the labour market of women in rural areas via the EAFRD;

11.  Hopes that a better understanding of the situation of women in rural areas will allow development of a European Charter for Women Farmers in the medium term, defining this concept, identifying direct and indirect forms of discrimination against women in rural areas and positive discrimination measures to eliminate them;

12.  Calls on the Member States, in the light of the conditionalities as regards equality between women and men, as an obligation and a core objective of the EU and its Member States, and of non-discrimination, to create greater synergies while using the instruments available under the EAFRD, Leader+, Horizon 2020 and the European Social Fund for creating better living and working conditions in rural areas, to pursue specific tailored policies aimed at the social and economic inclusion and empowerment of women and girls, especially for vulnerable and marginalised groups, and to raise awareness of all possibilities offered to them in rural areas under existing legislation;

13.  Emphasises the importance of devising specific measures to promote training and employment and safeguard the rights of the most vulnerable groups of women with specific needs, such as women with disabilities, migrant women, including seasonal migrants, refugees and minorities, victims of gender-based violence, women with little or no training and single mothers, etc.;

14.  Stresses the crucial role that women generally play with regard to book-keeping work on family farms, and, in this context, draws attention to the lack of support in the form of advice when a farm is struggling financially;

15.  Encourages the Member States to ensure that women’s participation in the management of farms is fully recognised, while promoting and facilitating their access to farm ownership or co-ownership;

16.  Urges the Member States to promote information and technical assistance measures and an exchange of good practices between Member States concerning the establishment of a professional status for assisting spouses in farming, enabling them to enjoy individual rights, including, in particular, maternity leave, social insurance against accidents at work, access to training and retirement pension rights;

17.  Calls on the European institutions to facilitate CAP provisions for a balanced distribution of aid, ensuring support for small farms;

18.  Stresses the importance of supporting the participation of women in decision-making in rural areas by means of training activities designed to encourage their presence in areas and sectors in which they are under-represented, and by awareness-raising campaigns on the importance of the active involvement of women in cooperatives, both as partners and in management positions;

19.  Encourages the Member States to promote equality between women and men in the various management and representation bodies to foster equal participation and power and increased representation of women in rural development working groups and monitoring committees and in all types of agricultural organisations, associations and public institutions, so that the decision-making process reflects the viewpoints of both women and men, and to encourage their participation in local action groups and the development of local partnerships under the Leader programme;

20.  Calls for support from women’s and farmers’ organisations, which have an important role to play in encouraging and instigating new development and diversification programmes;

21.  Calls on the Member States to fully implement the existing legislative acts on equal treatment of women and men, including in social security and maternity and parental leave matters; encourages them to improve the legislation on equality between women and men in the labour market, and to ensure social security coverage for both men and women working in rural areas;

22.  Calls on the Commission to monitor the transposition of existing legislative acts in order to address the challenges and discrimination faced by women living and working in rural areas;

23.  Highlights the need for effective measures to be taken at European and national levels to reduce the existing gender pay and pensions gaps; encourages the Commission, together with the Member States and respective regional authorities, to consider the multidimensional nature of the gender pension gap while designing specific policy measures within the EU strategy for rural development, as various factors, including gaps in employment and pay, interrupted careers, part-time work, informal work of assisting spouses, the design of pension systems and lower contributions, may lead to a wider gap in pensions;

24.  Further encourages the Member States to guarantee decent pension provision, including a national minimum pension intended, in particular, to help women in rural areas to maintain their economic independence once they reach retirement age;

25.  Emphasises that EU policies on living conditions for women in rural areas must also take into account the living and working conditions of women hired as seasonal agricultural workers, especially as regards the need for them to be afforded social protection, health insurance and healthcare; stresses the need for the maximum value to be assigned to the work done by these women;

26.  Urges the Member States to strengthen the role of the social partners and social welfare organisations, working alongside the authorities, in monitoring compliance with employment legislation, measures to prevent undeclared work, and adherence to welfare and safety standards, thereby facilitating the social and economic integration of female workers as a whole, including migrant, seasonal and refugee workers;

27.  Calls on the Commission and the national authorities to develop information databases and networks at Member State level in order to register and raise awareness of the economic and social situation of women in rural areas and their contribution to society;

28.  Calls, therefore, on the Commission and the Member States to review their statistical plans to include mechanisms measuring the overall contribution of women to rural income and the rural economy, disaggregating, where possible, indicators by gender, and to optimise the use of available data on the economic and social situation of women in rural areas and their involvement in the activities being carried out, in order to better tailor policy measures;

29.  Calls for improved regular CAP monitoring, data collection and evaluation indicators to identify women’s roles in agriculture and their engagement in ‘invisible’ work;

30.  Stresses the need to pay more attention to establishing up-to-date statistics on female land ownership;

31.  Calls on the Commission, together with the Member States and local and regional authorities, to provide not only adequate informational material on support possibilities specifically aimed at women farmers and women in rural areas, but also full access to education and vocational training in agriculture and all related sectors, including postgraduate training and specialist courses for entrepreneurs and agricultural producers, providing women with business development skills, knowledge and access to funding and micro-financing with a view to starting up and consolidating business activities, as well as enabling them to participate in a wide range of rural production activities and to boost their competitiveness in farming and rural areas, also within rural tourism connected to branches of commercial farming;

32.  Calls for the provision of wide-ranging professional and business diversification advice and for action to be taken to enhance women’s economic empowerment, to promote cooperatives, mutuals, social enterprises and alternative business models and to improve their entrepreneurial mindset and skills;

33.  Recalls, in this context, that the Commission’s New Skills Agenda represents an opportunity for Member States to better identify and certify skills acquired outside of formal education and vocational training in order to combat social exclusion and the risk of poverty;

34.  Calls for the involvement of women with higher-level qualifications in agriculture, livestock-raising and forestry to be encouraged, and facilitated in so doing by training programmes to develop activities linked to the provision of advisory services to farms and innovation;

35.  Recommends the progressive inclusion of equality modules in specialist agricultural training programmes, and in the development of teaching materials, the promotion of public campaigns for equality in rural areas and a focus being placed on the importance of equality at rural schools;

36.  Emphasises the importance of advising and supporting women to enable them to carry out farming activities and perform other innovative functions in rural areas;

37.  Stresses the importance of promoting and supporting rural women’s organisations, including encouraging the activity of networks, hubs, databanks and associations as a key social, economic and cultural development, as they establish networks and channels for information, training and job creation, seek to step up the exchange of experience and best practices at all levels and promote greater awareness of the social and economic situation of women in rural areas; encourages business ventures, associations, cooperatives and organisations representing women;

38.  Calls on regional actors, drawing on funding from the second pillar, to implement awareness-raising programmes aimed at emphasising gender neutrality in all occupations and overcoming the persistent highly traditional distribution of roles in farming;

39.  Calls on the Member States to facilitate equitable access to land, ensure ownership and inheritance rights and facilitate access to credit for women, in order to encourage them to set up in rural areas and play their part in the agricultural sector; encourages, further, the Member States to address the issue of land grabbing and land concentration at EU level;

40.  Welcomes the new models of agricultural credit which have become possible in the context of close cooperation between the Commission and the European Investment Bank, and recommends that the Member States apply them as widely as possible;

41.  Calls on the Member States and regional and local governments to provide affordable, high-quality facilities and public and private services for everyday life in rural areas, particularly with regard to health, education and care; notes that this would require the inclusion of rural childcare infrastructures, healthcare services, educational facilities, care homes for elderly and dependent people, sickness and maternity replacement services and cultural services;

42.  Stresses the importance of providing new opportunities for paid employment, especially for women, in order to preserve rural communities, while creating the conditions to facilitate a satisfactory work-life balance;

43.  Urges the Member States and regional authorities to make use of the Structural Funds and the Cohesion Fund to expand and upgrade transport infrastructure and to provide a secure energy supply and reliable high‑speed broadband infrastructure and services in rural areas; stresses the importance of digital development in rural areas and the development of a holistic approach (the ‘digital village’);

44.  Calls on the Commission to recognise the importance of extending its Digital Agenda to rural areas, as digital development can significantly contribute to creating new jobs, facilitating entry into self-employment, boosting competitiveness and tourism development and creating a better work-life balance;

45.  Encourages local and national authorities and other institutions to guarantee the fundamental human rights of migrant and seasonal workers and their families, especially of women and particularly vulnerable people, and to foster their integration in the local community;

46.  Draws attention to the disparities in access to childcare between urban and rural areas, as well as to the regional disparities in the implementation of the Barcelona objectives concerning childcare facilities;

47.  Condemns all forms of violence against women and notes that assistance to victims plays a crucial role; calls, therefore, on the Member States and regional and local governments to send a strong message of zero tolerance for violence against women, and to implement policies and offer services tailored to the conditions existing in rural areas in order to prevent and combat violence against women, therefore ensuring that victims have access to assistance;

48.  Calls, therefore, on the Member States and regional and local governments to ensure that victims of violence against women living in rural and remote areas are not deprived of equal access to assistance, and reiterates its call for the EU and its Member States to ratify the Istanbul Convention as soon as possible;

49.  Reiterates its call on the Commission to submit a proposal for an EU directive on violence against women;

50.  Emphasises that rural areas within the Member States have a crucial economic and food security role to play in our modern society, in which more than 12 million farmers provide a sufficient amount of healthy and safe food for half a billion consumers throughout the European Union; stresses that keeping these communities vibrant by encouraging women and families to stay in them is of the utmost importance;

51.  Calls, in this regard, on the Commission and the Member States to guarantee a strong and adequately funded CAP which serves European farmers and consumers, promotes rural development, mitigates the effects of climate change and protects and enhances the natural environment, while guaranteeing a high-quality and safe food supply and creating more jobs;

52.  Notes that rural areas often include natural and cultural heritage, which must be protected and developed, in conjunction with sustainable tourism and environmental education;

53.  Stresses the importance of multifunctionality as a concept, involving other economic, social, cultural and environmental activities in rural areas accompanying agricultural production which generate employment for women in particular; encourages the Member States, therefore, to promote measures to diversify activities, such as direct sales of products, social services, care services and agritourism; considers, in view of the growing interest in this type of tourism, that a network of businesses in this sector should be formed and best practices shared;

54.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 6, 10.1.1979, p. 24.
(2) OJ L 204, 26.7.2006, p. 23.
(3) OJ L 180, 15.7.2010, p. 1.
(4) OJ L 347, 20.12.2013, p. 320.
(5) OJ L 347, 20.12.2013, p. 487.
(6) OJ C 66 E, 20.3.2009, p. 23.
(7) OJ C 296 E, 2.10.2012, p. 13.
(8) Texts adopted, P8_TA(2015)0264.
(9) Texts adopted, P8_TA(2015)0290.
(10) Texts adopted, P8_TA(2016)0427.
(11) According to Eurostat’s Farm Structure Survey.
(12) European Commission (2011), ‘Agriculture and Rural Development. EU Agricultural Economic Briefs. Rural Areas and the Europe 2020 Strategy – Employment’, Brief No 5 – November 2011.
(13) European Commission (2012), ‘Agricultural Economic Briefs. Women in EU agriculture and rural areas: hard work, low profile’, Brief No 7 – June 2012.


Inquiry into emission measurements in the automotive sector
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European Parliament recommendation of 4 April 2017 to the Council and the Commission following the inquiry into emission measurements in the automotive sector (2016/2908(RSP))
P8_TA(2017)0100B8-0177/2017

The European Parliament,

–  having regard to Article 226 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament’s right of inquiry(1),

–  having regard to its Decision (EU) 2016/34 of 17 December 2015 on setting up a Committee of Inquiry into emission measurements in the automotive sector, its powers, numerical strength and term of office(2),

–  having regard to 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(3),

–  having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(4),

–  having regard to Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe(5),

–  having regard to its resolution of 27 October 2015 on emission measurements in the automotive sector(6),

–  having regard to its resolution of 13 September 2016 on the inquiry into emission measurements in the automotive sector(7) (based on interim report A8-0246/2016),

–  having regard to the final report of the Committee of Inquiry into Emission Measurements in the Automotive Sector (A8-0049/2017),

–  having regard to the draft recommendation of the Committee of Inquiry into Emission Measurements in the Automotive Sector,

–  having regard to Rule 198(12) of its Rules of Procedure,

A.  whereas Article 226 TFEU provides a legal basis for the establishment by the European Parliament of a temporary Committee of Inquiry to investigate alleged contraventions or maladministration in the implementation of Union law, without prejudice to the jurisdiction of national or Union courts, and whereas this constitutes an important element of the Parliament’s supervisory powers;

B.  whereas, on the basis of a proposal by the Conference of Presidents, Parliament decided on 17 December 2015 to set up a Committee of Inquiry to investigate the alleged failures in the application of Union law in relation to emission measurements in the automotive sector, and that the Committee would make any recommendations it deemed necessary on that matter;

C.  whereas the Committee of Inquiry started its work on 2 March 2016 and adopted its final report on 28 February 2017, setting out the methodology and the conclusions of its investigation;

D.  whereas the market share of diesel-powered passenger cars has grown in the European Union over recent decades to a level where these vehicles now represent more than half of new cars sold in almost every Member State; whereas this sustained growth in market share of diesel vehicles has also come about as a result of the EU climate policy, as diesel technology has an advantage over petrol engines when it comes to CO2 emissions; whereas, at the combustion stage, diesel engines, in comparison with petrol engines, produce far more pollutants, other than CO2, which are significantly and directly harmful to public health, such as NOx, SOx and particulate matter; whereas mitigation technologies for these pollutants exist and are deployed in the market;

E.  whereas current technology exists to meet the Euro 6 NOx standards for diesel vehicles, including with regard to real driving conditions and without having a negative impact on CO2 emissions;

F.  whereas best practices from the USA, with stricter emissions standards which apply for gasoline and diesel vehicles alike, and stricter enforcement policies, offer a standard to which the EU should aspire;

G.  whereas the protection of public health and the environment should be a shared societal concern and responsibility, in which all stakeholders, including the automobile sector, have an important role to play;

1.  Instructs its President to take the necessary measures to make public the final report of the Committee of Inquiry, in accordance with Rule 198(11) of its Rules of Procedure and Article 4(2) of Decision 95/167/EC, Euratom, ECSC;

2.  Calls on the Council and the Commission to ensure that the conclusions of, and the recommendations arising from, the inquiry are acted upon in practice, in accordance with Decision 95/167/EC, Euratom, ECSC;

3.  Calls on the Commission to submit to Parliament within 18 months of the adoption of this recommendation, and regularly thereafter, a comprehensive report on the action taken by the Commission and the Member States on the conclusions and recommendations of the Committee of Inquiry;

4.  Invites its President to instruct the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection, and the Committee on Transport and Tourism to monitor the action taken on the conclusions and recommendations of the Committee of Inquiry, in accordance with Rule 198(13) of its Rules of Procedure;

5.  Invites its President to instruct the Committee on Constitutional Affairs to act upon the recommendations of the Committee of Inquiry as regards the limitations of Parliament’s right of inquiry;

Laboratory tests and real-world emissions

6.  Calls on the Commission to change its internal structure in such a way that, under the principle of collective responsibility, the portfolio of one single Commissioner (and Directorate-General) includes at the same time the responsibility for air quality legislation and for policies addressing the sources of pollutant emissions; calls for an increase in the human and technical resources dedicated to vehicles, vehicle systems and emission control technologies in the Commission, and for the Joint Research Centre (JRC) to further improve in-house technical expertise;

7.  Calls on the Commission, to this end, to change its internal structure and amend its division of responsibilities so that all the legislative responsibilities currently held by the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) in the area of vehicle emissions are transferred to the responsibility of the Directorate-General for Environment (DG ENV);

8.  Calls on the Commission to ensure that there are adequate human resources and technical expertise and the appropriate level of autonomy in the JRC, including measures to keep relevant experience with vehicle and emissions technology and vehicle testing in the organisation; notes that the JRC may have additional verification responsibilities for requirements in the context of the proposal for a new market surveillance and type approval regulation;

9.  Calls for all JRC test results to be made available in full and in a non-anonymised format to the public through a database; calls, furthermore, for the JRC Vehicle Emissions Laboratory (VELA) to report to a supervisory board which includes representatives of the Member States and organisations for environmental and health protection;

10.  Calls on the co-legislators, in the context of the ongoing revision of Regulation (EC) No 715/2007, to ensure that the measures under Articles 5(3) and 14, which are designed to supplement or amend certain non-essential elements of the legislative act, are adopted by delegated acts, in order to ensure appropriate scrutiny by Parliament and the Council, while at the same time reducing the possibility of undue delays in the adoption of those measures; strongly opposes the choice whereby those measures are adopted by implementing acts;

11.  Calls for the swift adoption of the 3rd and 4th real driving emissions (RDE) packages to complete the regulatory framework for the new type-approval procedure, and for the swift application of this framework; recalls that, in order for RDE tests to be effective in reducing the discrepancies between the emissions measured in the laboratory and on the road, the specifications of the test and evaluation procedures should be set out very carefully and should cover a wide range of driving conditions, including temperature, engine load, vehicle speed, altitude, type of road and other parameters that can be found when driving in the Union;

12.  Takes note of the action for annulment against the 2nd RDE package initiated by several EU cities on the grounds that by introducing new increased thresholds for NOx emissions, the Commission Regulation alters an essential element of a basic act, thereby infringing an essential procedural requirement, as well as the provisions of the Air Quality Directive 2008/50/EC as regards the limitation of the maximum nitrogen emission levels for diesel vehicles;

13.  Urges the Commission to review in 2017 the conformity factor for RDE tests of NOx emissions, as provided for by the 2nd RDE package; calls on the Commission to further revise the conformity factor annually, in line with technological developments, so as to bring it down to 1 by 2021 at the latest;

14.  Calls on the Commission to review the applicable Union law in order to ascertain whether the placing on the market of other vehicle systems, or of other products, could be dependent on inadequate test procedures, as in the case of vehicle emissions, or in other areas where market surveillance efforts are similarly lacking, and to come forward with appropriate legislative proposals to ensure the enforcement of internal market standards;

15.  Calls on the Commission to come forward with proposals to introduce environmental inspections at EU level to monitor compliance with environmental product standards, emission limits relating to operating permits and EU environmental law in general;

16.  Calls on the Commission to continue its work on improving PEMS performance in order to improve their accuracy and reduce their error margin; considers that for particulate matter PEMS technology should be able to account for particles whose size is smaller than 23 nanometres and that are the most dangerous to public health;

17.  Considers that the horizontal rules on the creation and operation of Commission expert groups adopted by the Commission on 30 May 2016 are an improvement over the older rules, for example as regards the requirement for meaningful and complete minutes of meetings; calls on the Commission to review those rules in order to strengthen the provisions on the balanced composition of expert groups; calls on the Commission to enforce the (updated) horizontal rules strictly and immediately, and to prepare a report to Parliament and the Council evaluating their implementation;

18.  Calls for lists of participants and minutes of the meetings of comitology committees such as the Technical Committee on Motor Vehicles (TCMV) and Commission expert groups such as the Motor Vehicles Working Group or the Real Driving Emissions – Light-Duty Vehicles (RDE-LDV) group to be made available to the public;

19.  Urges the Member States to ensure more transparency in access to documents of the TCMV meetings for their national parliaments;

20.  Calls on the Commission to substantially alter the existing policies of archiving and storing information, and to ensure that notes, inter-services communications, drafts and unofficial exchanges within the Commission, the Member States, the Council and their representatives will be archived by default; deplores the gaps in public records that have resulted from a far too narrow scope of documents primed for archiving, which requires active intervention in order for documents to be archived;

Defeat devices

21.  Considers that although the RDE procedure will minimise the risk of defeat device use, it will not completely prevent potential recourse to illegal practices; recommends therefore that, in line with the approach of the US authorities, a degree of unpredictability is built into the type-approval and in-service conformity testing in order to prevent any outstanding loopholes from being exploited and to ensure compliance throughout the lifecycle of a vehicle; welcomes, in this respect, the Testing Protocol for Defeat Devices included in the ‘Guidance on the evaluation of auxiliary emission strategies and the presence of defeat devices’ adopted by the Commission on 26 January 2017 and applicable to vehicles already on the market; expects the Member States’ national authorities to swiftly apply this protocol in their market surveillance activities and to conduct the recommended testing of vehicles under non-predictable variations of the standard testing conditions, such as ambient temperature, speed pattern, vehicle load and test duration, which may include ‘surprise testing’;

22.  Notes with concern that the official testing of CO2 emissions and fuel consumption of vehicles will still be limited to a laboratory test procedure (WLTP), which means that the illegal use of defeat devices continues to be possible and may remain undetected; urges the Commission and the Member States to establish remote fleet monitoring schemes – making use of roadside remote sensing equipment and/or on-board sensors – to screen the environmental performance of the in-service fleet and to detect possible illegal practices that might lead to continued discrepancies between the performance on paper and in the real world;

23.  Calls on the Commission to further analyse the reasons why the stricter defeat device provisions present in the legislation on heavy-duty vehicles were not included in the legislation on light-duty vehicles;

24.  Calls on the Commission to conduct an internal review to verify the claim that the JRC’s research findings and concerns discussed among the Commission’s services with regard to possible illegal practices by manufacturers never reached the higher levels of the hierarchy; calls on the Commission to report its conclusions to Parliament;

25.  Believes that a clear reporting mechanism within the Commission should be put in place to ensure that when non-compliances are identified by the JRC, they are reported to all relevant levels within the hierarchy of the Commission;

26.  Calls on the Commission to mandate the JRC to further investigate, together with the national authorities and independent research institutes, the suspicious emissions behaviour of several cars observed in August 2016;

27.  Calls on the Member States to require car manufacturers, in the context of the recently introduced obligation for car manufacturers to disclose their base and auxiliary emission strategies, to explain any irrational emissions behaviour of vehicles observed in testing and to demonstrate the need to apply the exemptions set out in Article 5(2) of Regulation (EC) No 715/2007; calls on the Member States to share the results of their investigations and the technical test data with the Commission and Parliament;

28.  Calls on the Commission to strictly monitor the enforcement by Member States of the exemptions to the use of defeat devices; welcomes, in this respect, the methodology for the technical evaluation of auxiliary emission strategies included in the Commission Guidance of 26 January 2017; calls on the Commission to launch infringements procedures as appropriate;

Type-approval and in-service conformity

29.  Calls, in the interests of consumer and environmental protection, for the swift adoption of the proposal for a Regulation on the approval and market surveillance of motor vehicles and their trailers (2016/0014(COD))(8), replacing the current framework directive on type approval, and for its entry into force no later than 2020; considers the preservation of the level of ambition of the original Commission proposal, in particular as regards the introduction of EU oversight of the system, to be the bare minimum required to improve the EU system; considers, furthermore, that a more comprehensive and coordinated system of type approval and market surveillance, involving EU oversight, joint audits and cooperation with and between national authorities, should be the objective to be achieved during the interinstitutional negotiations on the dossier;

30.  Considers that only stronger oversight at EU level can ensure that the EU legislation on vehicles is properly enforced and market surveillance activities in the EU are carried out in an efficient and effective manner; calls on the Commission to ensure the full and homogeneous implementation of the new type-approval and market surveillance framework, and to coordinate the work of national type-approval and market surveillance authorities and arbitrate in the event of disagreements;

31.  Calls for a drastic strengthening of market surveillance, on the basis of clearly defined rules and a clearer distribution of responsibilities in the new EU type-approval framework, in order to set up an improved, effective and functional system;

32.  Believes that EU oversight within the new framework for EU type approval should entail retesting, on an adequate scale, vehicles, systems, components and separate technical units already made available on the market in order to verify that they conform to the type approvals and to applicable legislation, using a wide range of tests on the basis of statistically relevant samples, and initiating corrective measures, including vehicle recalls, type-approval withdrawals and administrative fines; considers the JRC’s expertise instrumental in this task;

33.  Calls on the Commission and the Member States to assess the US practice of random off-production-line and in-service testing and to draw the necessary conclusions with regard to improving their market surveillance activities;

34.  Suggests that in the case of passenger vehicles, random market surveillance tests, including with unspecified test protocols, should be performed on at least 20°% of the new models put on the Union market each year as well as on a representative quantity of older models to verify whether the vehicles comply with the Union safety and environmental legislation on the road; believes that in choosing the vehicles to be tested at Union level, substantiated complaints should be followed up and third-party testing, remote sensing data, reports from periodic technical inspections and other information should be taken into account;

35.  Points out the need for systematic enforcement of conformity of production and in-use conformity of vehicles by the national authorities responsible, further coordinated and supervised at EU level; believes that the conformity of production and in-use conformity testing should be carried out by a technical service different from the one responsible for the type approval of the car in question and that in-house technical services should be excluded from performing the emissions test for type-approval purposes; urges the Member States to clarify once and for all which authority is in charge of market surveillance in their territory, to ensure this authority is aware of its responsibilities and to notify the Commission accordingly; believes that much closer cooperation and information-sharing between Member States’ market surveillance authorities and the Commission, including on national market surveillance plans, will enhance the overall quality of market surveillance in the EU and enable the Commission to identify weaknesses in national market surveillance systems;

36.  Believes that greater coordination and discussion between type-approval authorities and the Commission, in the form of a forum chaired by the Commission, will contribute to the promotion of good practices aimed at ensuring effective and harmonised implementation of the type-approval and market surveillance regulation;

37.  Believes that the possibility of an independent full review of type-approval results, including data from coast down tests, will improve the effectiveness of the framework, and that the relevant data should be accessible to relevant parties;

38.  Calls for proper and independent financing of type approval, market surveillance and activities of technical services, for instance through the establishment of a fee structure, through Member States’ national budgets, or through a combination of both methods; believes that type-approval authorities should be made responsible for checking the commercial and economic relations existing between car manufacturers and suppliers on the one hand and technical services on the other hand in order to prevent conflicts of interest;

39.  Draws attention to the US type-approval system – whereby fees collected from manufacturers to cover the cost of certification and compliance programmes are sent to the US Treasury, and the US Congress in turn allocates funds to the Environmental Protection Agency (EPA) to implement its programmes – as a paradigm that may be useful for improving the independence of the EU system;

40.  Calls for the swift adoption, implementation and application of the 4th RDE package, regulating the use of PEMS for in-service conformity checks and for third-party testing; calls on the Commission to introduce a mandate for the JRC to conduct emission tests with PEMS as part of the in-service conformity checks at European level in the context of the new type-approval framework;

41.  Calls on the co-legislators to establish, in the upcoming regulation on the approval and market surveillance of motor vehicles, an EU-wide remote sensing network to monitor the real world emissions of the car fleet and to identify excessively polluting vehicles in order to target in-service conformity checks and to trace cars that might be illegally modified with hardware (e.g. exhaust gas recirculation (EGR) switch-off plates, diesel particulate filter (DPF) or selective catalytic reduction (SCR) removal) or software (illegal chip tuning) modifications;

42.  Calls on the Commission to make use of its delegated powers set out in Article 17 of Directive 2014/45/EU on periodic roadworthiness tests for motor vehicles and their trailers so as to update the test methods for the periodic technical inspection of cars in order to measure the NOx emissions of cars;

43.  Believes that type-approval authorities, market surveillance authorities and technical services should carry out their duties; considers that they should therefore improve their level of competence significantly and continuously, and to that end calls for the establishment of regular, independent audits of their capabilities;

44.  Calls on the Commission to look into the possibility of making it mandatory for manufacturers to notify the Commission of their choice of technical service, so as to ensure that the Commission is fully aware of the situation;

45.  Calls on the Member States to require car manufacturers to disclose and justify their emissions strategies to type-approval authorities, such as is the case for heavy-duty vehicles;

46.  Calls on the Member States to analyse whether ‘standard’ solutions proposed by the manufacturer for repairing the vehicles equipped with fraudulent systems actually comply with the emissions regulations, and calls for random checks to be carried out on new vehicles which have been repaired;

Enforcement and penalties

47.  Calls for stricter and more effective enforcement of vehicle emission rules in the EU; proposes that the governance structure on car emissions be reformed without delay and brought into line with the other transport sectors;

48.  Recalls that emission measurement rules are set to achieve better air quality, which has not previously been achieved owing in part to weak law enforcement and in part to manipulation by certain car manufacturers; considers that the relevant authorities should take into consideration car emissions and data on air quality development to assess whether the intended goal has been reached;

49.  Suggests establishing a standing international cooperation framework on emissions with a view to allowing authorities to exchange information and conduct joint surveillance actions; such actions are already in place for other products within the EU;

50.  Urges the Commission to launch infringement procedures against Member States that have not put in place effective market surveillance and a national system of penalties for infringements of EU law as required by the existing legislation;

51.  Suggests that the Commission should be empowered to impose on vehicle manufacturers effective, proportionate and dissuasive administrative fines and to order remedial and corrective actions where non-compliance of their vehicles is established; considers that the possible sanctions should include type-approval withdrawal and the establishment of EU-wide recall programmes;

52.  Believes that the resources levied by these fines imposed on vehicle manufacturers, the resources deriving from infringement procedures launched on Member States for failing to respect the EU legislation on emissions, and the excess emissions premiums for new passenger cars (budget line 711) should be used as assigned revenue for specific EU projects or programmes in the field of air quality and environmental protection, and should not decrease the Member States’ gross national income contributions to the EU budget; calls for the necessary provisions to be included in the relevant Union legislation to this effect; suggests that the resources from the fines could also be used in part by the Member States for purposes of redress to persons negatively affected by the infringement, and other such activities to the benefit of consumers;

53.  Calls on the Member States to ensure that the provisions on penalties applicable for infringement by manufacturers of the provisions of Regulation (EC) No 715/2007 are effective, proportionate and dissuasive, and are communicated swiftly to the Commission;

54.  Calls on the Member States to apply more vigorous measures in the wake of the emissions cheating scandal; calls on the Member States and their type-approval authorities to examine the information on base and auxiliary emission control strategies – to be disclosed by the car manufacturers – for type-approved Euro 5 and Euro 6 cars displaying irrational emissions behaviour during testing programmes, and to check their conformity with the Commission’s interpretation guidelines on the defeat device provisions; calls on the Member States to apply the available sanctions in the event of non-conformity, including mandatory recall programmes and the withdrawal of type approvals; calls on the Commission to ensure a coordinated approach on recall programmes across the EU;

55.  Calls on the Member States and the Commission to clarify to the vehicle owners affected whether or not the vehicles involved have to be repaired, and the legal consequences ensuing from the repairs as regards compliance with emissions legislation, obligations concerning the technical inspection of vehicles, taxation, and the consequences of a potential reclassification of the vehicle, etc.;

56.  Notes that it is difficult to gather information on penalties in the Member States owing to the lack of statistics at national level; calls on the Commission and the Member States to gather regular statistics on this;

57.  Calls on the Member States and the Commission to reinforce European implementation mechanisms such as the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL);

Consumer rights

58.  Considers that EU consumers affected by the dieselgate scandal should be adequately and financially compensated by the car manufacturers involved, and that the recall programmes, which have been only partially implemented, should not be viewed as a sufficient form of reparation;

59.  Calls on the Commission, to this end, to put forward a legislative proposal for the establishment of a collective redress system in order to create a harmonised system for EU consumers, thus eliminating the current situation in which consumers lack protection in most Member States; calls on the Commission to assess existing systems within and outside the EU with a view to identifying best practices in this field and to include them in its legislative proposal;

60.  Considers that if a vehicle type approval is withdrawn on account of non-compliance, the owner of an affected vehicle should be fully compensated for the purchase of this vehicle;

61.  Considers that consumers should be entitled to adequate compensation where it is shown that the original performance of the vehicle (e.g. in terms of fuel consumption performance, efficiency, durability of components, emissions, etc.) is negatively impacted by any necessary technical repairs or modulations implemented under a manufacturer vehicle recall programme;

62.  Calls on the Member States to ensure that consumers are provided with detailed and comprehensible information on the modifications made during recall programmes and maintenance checks in order to improve transparency for consumers and trust in the car market;

63.  Deplores the fact that European consumers are treated worse than US consumers; notes, in addition, that affected consumers often receive vague and incomplete information about the vehicles involved, the obligations to repair the vehicle and the consequences of doing so;

64.  Deplores the fact that the EU does not have a uniform, harmonised system under which joint actions may be taken by consumers to enforce their rights, and acknowledges that today in many Member States no option exists for consumers to take part in such actions;

65.  Stresses that after recalls vehicles must conform to the legal requirements set out in EU legislation; also points out that other forms of reparation besides recall programmes should be considered; to this end, calls on the Commission to assess the EU rules in force on consumer protection and make proposals as appropriate;

66.  Emphasises the importance of providing consumers with realistic, accurate and robust information on their cars’ fuel consumption and air pollutant emissions in order to raise consumers’ awareness and to support them in making an informed car purchase decision; calls for a revision of the Car Labelling Directive (1999/94/EC), which should include consideration for making information on other air pollutant emissions such as NOx and particulate matter mandatory in addition to information on fuel use and CO2;

67.  Asks the Commission and the Member States to take all necessary measures to ensure that consumers are compensated fairly and adequately, preferably through mechanisms of collective redress;

Clean vehicles

68.  Calls on the Commission and the competent authorities in the Member States to fully engage in and implement a low-emission mobility strategy;

69.  Calls on the Commission and the Member States to assess the effectiveness of current Low Emission Zones in cities, taking into account the failure of Euro standards for light-duty vehicles to reflect real world emissions, and to examine the benefit of introducing a label or standard for Ultra-Low-Emission Vehicles (ULEVs) that meet the emission limit values in real driving conditions;

70.  Calls on the Commission and the co-legislators to follow a more integrated approach in their policies to improve the environmental performance of cars, in order to ensure progress on both the decarbonisation and air quality objectives, such as by fostering the electrification or transition to alternative motorisations of the car fleet;

71.  Calls on the Commission, to that end, to review the Clean Power for Transport Directive (2014/94/EU) and to come forward with a draft regulation on CO2 standards for the car fleets coming onto the market from 2025 onwards, with the inclusion of Zero-Emission Vehicles (ZEV) and ULEV mandates that impose a stepwise increasing share of zero- and ultra-low-emission vehicles in the total fleet with the aim of phasing out new CO2-emitting cars by 2035;

72.  Calls on the Commission and the Member States to foster green public procurement policies through the purchasing of ZEVs and ULEVs by public authorities for their own fleets or for (semi-)public car-sharing programmes;

73.  Calls on the Commission to review the emissions limits set out in Annex I to Regulation (EC) No 715/2007 with a view to improving air quality in the Union and to achieving the Union ambient air quality limits as well as the WHO recommended levels, and to come forward by 2025 at the latest with proposals, as appropriate, for new technology-neutral Euro 7 emission limits applicable for all M1 and N1 vehicles placed on the Union market;

74.  Asks the Commission to consider the review of the Environmental Liability Directive (2004/35/EC) to include environmental damage caused by air pollution owing to car manufacturers violating the EU’s car emissions legislation; believes that if car manufacturers could be held financially liable for remedying the environmental damage they cause, an increased level of prevention and precaution might be expected;

75.  Calls on the Commission to work with the Member States to ensure that no ordinary worker from the automotive sector suffers as a result of the emissions scandal; to this end, Member States and car manufacturers should coordinate and promote vocational training plans to ensure that ordinary workers whose employment situation has been negatively affected by the emissions scandal be given all necessary protection and training opportunities to ensure that their skill set can be used, for example for sustainable modes of transport;

Powers and limitations of the committee of inquiry

76.  Urges the Council and the Commission to engage in the timely conclusion of the negotiations on Parliament’s proposal for a Regulation of the European Parliament on the detailed provisions governing the exercise of Parliament’s right of inquiry and repealing Decision 95/167/EC, Euratom, ECSC;

77.  Considers it vital for exercise of democratic control over the executive that Parliament be empowered with powers of inquiry that match those of national parliaments of the EU; believes that in order to exercise this role of democratic oversight Parliament must have the power to summon and compel witnesses to appear and to compel the production of documents; believes that in order for these rights to be exercised the Member States must agree to implement sanctions against individuals for failure to appear or produce documents in line with national law governing national parliamentary inquiries; reiterates Parliament’s support for the position outlined in the 2012 report on this issue;

78.  Considers that the powers of Parliament’s committees of inquiry should be better aligned with those of the national parliaments, in particular to ensure the effective summoning and participation of individuals and the application of sanctions in the event of refusal to cooperate; calls on the Commission and the Member States to support the related provisions in Parliament’s current proposal;

79.  Calls on the Commission to revise as a matter of urgency the Code of Conduct for Commissioners so as to include provisions on the accountability of former Commissioners within the scope of an investigation by a committee of inquiry into policy-making and legislation that took place during their term in office;

80.  Asks the Commission to use the time frame between the plenary decision to set up a committee of inquiry and the actual start of its work to prepare an initial set of documents which relate to the mandate of the committee of inquiry so that the delivery of information can be quicker, thus facilitating the work of the committee of inquiry from the start; considers with this in mind that the rules on archiving and transmitting documents in the Commission should be reviewed and improved in order to facilitate future queries;

81.  Suggests that a single contact point for relations with Parliament’s committees of inquiry be set up in the Commission, in particular when several Directorates-General are concerned, with a view to facilitating the flow of information on the one hand and building on the good practices achieved so far on the other;

82.  Notes that in several recent committees of inquiry and special committees, the Commission and the Council have in some cases failed to provide the documents requested and in other cases provided the requested documents only after long delays; considers that there must be an accountability mechanism introduced in order to ensure the immediate and guaranteed transfer of documents to Parliament that the committee of inquiry or special committee requests and is entitled to access;

83.  Calls on the Commission to improve its capacities to handle document requests from committees of inquiry as well as from journalists and citizens under respective applicable document access rules, in a timely manner and with an acceptable level of quality; urges the Commission to release these documents in their native format and refrain from time-consuming and potentially content-altering format changes and format conversions; further instructs the Commission to make sure that information that is stored in a machine-readable format, e.g. a database, is also released in a machine-readable format;

84.  Notes that it is the responsibility of the committee of inquiry to make any determinations as to whether information within the scope of a request is relevant for the work of the committee; notes that this task should not be pre-empted by the recipient of such a document request; instructs the Commission to properly reflect this responsibility in its guidelines on access to documents requests;

85.  Urges the Member States to respect their legal obligations towards committees of inquiry as laid down in Decision 95/167/EC, Euratom, ECSC, and specifically Article 3 thereof; also calls on them, given the significant delays in response rates encountered, to assist committees of inquiry in a manner respectful of the principle of sincere cooperation as laid down in Article 4(3) TFEU;

86.  Calls on those Member States that have undertaken national investigations on pollutant emissions from passenger cars to convey to the Commission and Parliament without delay the full data sets and results from their investigations;

87.  Considers that the first part of the committee’s mandate should be devoted to the collection and analysis of written evidence before the start of the public hearings; deems it useful to build in a ‘cooling-off’ period between the end of the hearings and the drafting of the final report so that the collection of evidence can be completed, properly analysed and included fully in the report;

88.  Considers that the 12-month time limit on committees of inquiry is arbitrary and often insufficient; believes that the members of the inquiry committee are best placed to determine whether an inquiry should be extended and, if so, for what period;

89.  Notes that Rule 198 of Parliament’s Rules of Procedure should define more clearly when the duration of a committee of inquiry should start; suggests that there should be sufficient flexibility to ensure that there is enough time for the investigations; calls for the work of the committee of inquiry to start only once the requested documents have been received from the EU institutions;

90.  Considers that an interim report should not necessarily be included in future mandates in order not to pre-empt the final conclusions of the inquiry;

91.  Considers that in the future committees of inquiry should be organised differently in order to ensure greater efficiency and effectiveness in organising and conducting the committees’ work, in particular during the public hearings;

92.  Underlines that Parliament’s internal administrative rules are aligned to the established practice of standing committees and as such are often not suited to the ad-hoc and temporary nature of a committee of inquiry, which operates under more unusual circumstances, with a very specific scope and during a limited time frame; considers, therefore, that the development of a defined set of rules relating to the effective functioning of committees of inquiry in regard to the conducting of hearings and missions, for example, in a way that guarantees fair political representation, would increase efficiency; considers that there is a risk that financial constraints may prevent committees of inquiry from hearing all the experts deemed necessary for the committee to perform its duty; considers that internal authorisation deadlines for hearings and missions should be made more flexible;

93.  Considers that committees of inquiry should have prioritised access and dedicated resources within the relevant Parliament services to enable the latter to deal in particular with requests for studies, briefings, etc., within the time frame allowed by the rules;

94.  Notes that the current rules on accessing classified and other confidential information made available by the Council, the Commission or the Member States to Parliament in the context of an inquiry do not provide full legal clarity but are generally interpreted as excluding accredited parliamentary assistants (APAs) from consulting and analysing non-classified ‘other confidential information’ in a secure reading room; notes that a number of Members have found that this rule stands in the way of effective and thorough consultation of such documents within the limited time available to committees of inquiry, and that the TAX2 Committee (Special Committee on Tax Rulings and Other Measures Similar in Nature or Effect), during which access was temporarily and exceptionally granted to APAs, was able to make use of these resources in a more comprehensive and effective manner; calls, therefore, for the introduction of a clearly worded provision guaranteeing the right of access to documents for APAs on the basis of the ‘need to know’ principle, in their support role for Members, in a renegotiated Interinstitutional Agreement; urges the relevant bodies to expedite the renegotiation of this point so as not to hamper the effectiveness and efficiency of future and ongoing parliamentary inquiries;

o
o   o

95.  Instructs its President to forward this recommendation and the final report of the Committee of Inquiry to the Council and the Commission and to the parliaments of the Member States.

(1) OJ L 113, 19.5.1995, p. 1.
(2) OJ L 10, 15.1.2016, p. 13.
(3) OJ L 171, 29.6.2007, p. 1.
(4) OJ L 263, 9.10.2007, p. 1.
(5) OJ L 152, 11.6.2008, p. 1.
(6) Texts adopted, P8_TA(2015)0375.
(7) Texts adopted, P8_TA(2016)0322.
(8) See also texts adopted of 4.4.2017, P8_TA(2017)0097.

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