Procedure : 2010/0271(COD)
Document stages in plenary
Document selected : A7-0445/2011

Texts tabled :

A7-0445/2011

Debates :

PV 19/11/2012 - 27
CRE 19/11/2012 - 27

Votes :

PV 20/11/2012 - 6.13
Explanations of votes
Explanations of votes

Texts adopted :

P7_TA(2012)0424

REPORT     ***I
PDF 535kWORD 990k
4 January 2012
PE 464.815v03-00 A7-0445/2011

on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of two-or three-wheel vehicles and quadricycles

(COM(2010)0542 – C7-0317/2010 – 2010/0271(COD))

Committee on the Internal Market and Consumer Protection

Rapporteur: Wim van de Camp

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Transport and Tourism
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles

(COM(2010)0542 – C7-0317/2010 – 2010/0271(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0542),

–   having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0317/2010),

–   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 January 2011(1),

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Transport and Tourism (A7-0445/2011),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Amendment  1

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) The internal market should be based on transparent, simple and consistent rules which provide legal certainty and clarity from which businesses and consumers alike can benefit.

Amendment  2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) This Regulation aims to lay down harmonised rules for the approval of L-category vehicles, with a view to ensuring the functioning of the internal market. L-category vehicles are two-, three- or four-wheel vehicles such as powered two-wheel vehicles, tricycles, on-road quads and mini-cars. In addition, the objectives are to simplify the current legal framework, to contribute to a lower, more proportionate share in overall road transport emissions, to increase the overall level of safety, to adapt to technical progress and to strengthen the rules on market surveillance.

(3) This Regulation aims to lay down harmonised rules for the approval of L-category vehicles, with a view to ensuring the functioning of the internal market. L-category vehicles are two-, three- or four-wheel vehicles such as powered two-wheel vehicles, tricycles, all-terrain vehicles, side-by-side vehicles, on-road quads and mini-cars. In addition, the objectives are to simplify the current legal framework, to contribute to a lower, more proportionate share in overall road transport emissions, to increase the overall level of safety, to adapt to technical progress and to strengthen the rules on market surveillance.

Amendment  3

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) More than 70 % of the Union's population lives in urban areas while approximately 85 % of the Union's GDP is generated in cities. All major cities in Europe aim to reduce congestion, accidents and pollution. Better type-approval requirements for L-category vehicles can facilitate the transition to more efficient, safe and clean urban mobility1. New, innovative and technologically advanced two-, three- or light four-wheel vehicles can significantly enhance urban mobility, by taking up less space, using less energy, creating fewer emissions during production and operation, while at the same time offering connectivity, productivity and enjoyment.

 

______________

 

1 See also the Commission communications entitled "Action Plan on Urban Mobility" (COM(2009)0490), "Thematic Strategy on air pollution" (COM(2005)0446), and "Towards a European road safety area" (COM(2010)0389).

Amendment  4

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) With the aim of simplifying and accelerating the type-approval legislation, a new regulatory approach has been introduced in EU vehicle type-approval legislation, under which the legislator in the ordinary legislative procedure sets out only the fundamental rules and principles and delegates the legislation of further technical details to the Commission. With regard to substantive requirements, this Regulation should therefore lay down only fundamental provisions on functional safety, and environmental performance and delegate to the Commission the power to lay down the technical specifications.

(11) With the aim of simplifying and accelerating the type-approval legislation, a new regulatory approach has been introduced in EU vehicle type-approval legislation, under which the legislator in the ordinary legislative procedure sets out only the fundamental rules and principles and delegates the legislation of further technical details to the Commission. With regard to substantive requirements, this Regulation should therefore lay down only fundamental provisions on functional safety, and environmental performance and delegate to the Commission the power to lay down the technical specifications. The provisions need to be adapted to the different types of vehicles and limited to appropriate safety requirement for type-approval of systems, components and separate technical units.

Amendment  5

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) In the interest of clarity, rationality and simplification, this Regulation should not contain too many implementation stages for the introduction of stricter emission levels and safety requirements.

Amendment  6

Proposal for a regulation

Recital 11 b (new)

Text proposed by the Commission

Amendment

 

(11b) Given the current economic climate, the capacities of the sector and the size of its operators, the industry should be allowed sufficient time to adapt to the new provisions laid down in this Regulation and to the technical specifications delegated to the Commission. Timely definition of requirements is essential to ensuring sufficient lead time for manufacturers to develop, test and implement technical solutions on production vehicles, and for manufacturers and type-approval authorities in the Member States to put in place the necessary administrative systems.

Amendment  7

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) Market surveillance in the automotive sector and in particular the L-category vehicle sector should be improved by enhancing the legal provisions governing conformity of production and specifying the obligations of the economic operators in the supply chain. In particular, the role and responsibilities of the authorities in the Member States in charge of type-approval and market surveillance should be clarified, and the requirements relating to the competence, obligations and performance of the technical services that perform vehicle type-approval reinforced. Compliance with the type-approval and conformity-of-production requirements of the legislation governing the automotive sector should remain the key responsibility of the type-approval authorities, while market surveillance may be a competence shared between different national authorities.

(12) Market surveillance in the automotive sector and in particular the L-category vehicle sector should be improved by enhancing the legal provisions governing conformity of production and specifying the obligations of the economic operators in the supply chain. In particular, the role and responsibilities of the authorities in the Member States in charge of type-approval and market surveillance should be clarified, and the requirements relating to the competence, obligations and performance of the technical services that perform vehicle type-approval reinforced. Compliance with the type-approval and conformity-of-production requirements of the legislation governing the automotive sector should remain the key responsibility of the type-approval authorities, while market surveillance may be a competence shared between different national authorities. Effective coordination and monitoring at Union and national level should be deployed to ensure that market surveillance and type-approval authorities make use of the new measures effectively.

Amendment  8

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) In order to prevent misuse, any simplified procedure for small-series vehicles should be restricted to cases of very limited production. It is therefore necessary to define precisely the concept of small series in terms of the number of vehicles sold, registered and entered into service.

(13) In order to prevent misuse, the simplified procedure for small-series vehicles should be restricted to limited numbers of vehicles. It is therefore necessary to define precisely the concept of small series in terms of the number of vehicles sold, registered and entered into service. Individual approval should apply to a particular vehicle, so as to accommodate a more simplified and affordable application to unique amateur-built vehicles.

Amendment  9

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) According to Article 291 of the Treaty on the Functioning of the European Union, rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers should be laid down in advance by regulations adopted in accordance with the ordinary legislative procedure. Pending adoption of such new regulations, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission continues to apply, with the exception of the regulatory procedure with scrutiny, which is no longer applicable.

deleted

Amendment  10

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of functional safety and environmental performance, testing, access to repair and maintenance information and appointment of technical services and their specific authorised tasks, in order to supplement or amend certain non-essential elements of legislative acts through provisions of general application. Such empowerment should not allow for amendment of the enforcement dates set out in Annex IV or emission limit values set out in Annex VI. Amendments to those dates or values should be established by the ordinary legislative procedure set out in Article 114 TFEU."

(17) In order to supplement or amend certain non-essential elements of legislative acts through provisions of general application, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of functional safety and environmental performance, testing, access to repair and maintenance information and appointment of technical services and their specific authorised tasks. Such empowerment should not allow for amendment of the enforcement dates set out in Annex IV or emission limit values set out in Annex VI or the enhanced functional safety requirements set out in Annex VIII. Amendments to those dates, general requirements or values should be established by the ordinary legislative procedure set out in Article 114 TFEU. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Justification

Adapted to the latest used wording on delegated acts.

Amendment  11

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) The Commission should be empowered to adopt an implementing act in accordance with Article 291 of the Treaty in order to lay down uniform conditions for the implementation of this Regulation with regard to the list of information to be provided in applying for type-approval, type-approval procedures, templates for manufacturers’ additional plates, EU type-approval certificates, list of type-approvals issued, numbering system for EU type-approvals, and procedures to ensure conformity of production. With regard to those items, uniform conditions for implementation in the Member States are needed in order to ensure the proper functioning of the internal market by facilitating the mutual recognition of administrative decisions taken in the different Member States, -in particular type-approvals-, and the acceptance of documents issued by vehicle manufacturers (in particular certificates of conformity).

(18) In order to ensure uniform conditions for the implementation of this Regulation with regard to the list of information to be provided in applying for type-approval, type-approval procedures, templates for manufacturers’ additional plates, EU type-approval certificates, list of type-approvals issued, numbering system for EU type-approvals, and procedures to ensure conformity of production, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers1. With regard to those items, uniform conditions for implementation in the Member States are needed in order to ensure the proper functioning of the internal market by facilitating the mutual recognition of administrative decisions taken in the different Member States, -in particular type-approvals-, and the acceptance of documents issued by vehicle manufacturers (in particular certificates of conformity).

 

____________

 

1 OJ L 55, 28.2.2011, p. 13.

Justification

Adapted to the latest used wording on implementing acts.

Amendment  12

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

 

(19a) Within 2 years of the entry into force of this Regulation, the Commission should assess, on the basis of the outcome of a study, the need for and, if necessary, adopt, a new proposal. That proposal should address at least the following questions: whether the 450 kg weight limitation remains relevant; whether the distinction between 3 and 4- wheelers remains relevant in view of recent developments and whether further adaption is needed due to market development in the area of e-vehicles.

Amendment  13

Proposal for a regulation

Article 2 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) vehicles exclusively intended for on-road or off-road use in competition;

(d) vehicles exclusively intended for use in competition;

Justification

Editorial: deletion of non-relevant criteria for this exemption concerning competition.

Amendment  14

Proposal for a regulation

Article 2 – paragraph 2 – point e

Text proposed by the Commission

Amendment

(e) vehicles exclusively intended for use by the armed forces, law enforcement agencies, civil defence services, fire brigades or public-works bodies;

(e) vehicles exclusively intended for use by the armed forces, law enforcement agencies, civil defence services, fire brigades or providers of public works or public services;

Justification

Clarification; vehicles exclusively intended for public works and public services are excluded.

Amendment  15

Proposal for a regulation

Article 2 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g) vehicles primarily intended for off-road use and designed to travel on unpaved surfaces;

deleted

Amendment  16

Proposal for a regulation

Article 2 – paragraph 2 – point h

Text proposed by the Commission

Amendment

(h) cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0.25 kW, where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h;

(h) cycles with pedal assistance which are equipped with an auxiliary electric propulsion the output of which is cut off as the vehicle reaches a speed of 25 km/h, or sooner, if the cyclist stops pedalling; such cycles shall not be considered to be motor vehicles;

Amendment  17

Proposal for a regulation

Article 2 – paragraph 2 – point i

Text proposed by the Commission

Amendment

(i) self-balancing machines;

(i) self-balancing machines with a maximum design speed of 25 km/h; such machines shall not be considered to be motor vehicles;

Amendment  18

Proposal for a regulation

Article 2 – paragraph 2 – point j

Text proposed by the Commission

Amendment

(j) vehicles not equipped with at least one seating position.

(j) vehicles not equipped with at least one seating position with a maximum design speed of 25 km/h; such vehicles shall not be considered to be motor vehicles;

Amendment  19

Proposal for a regulation

Article 2 – paragraph 2 – point j a (new)

Text proposed by the Commission

Amendment

 

(ja) vehicles equipped with an electric motor, a maximum design speed of less than 25 km/h and an unladen mass of less than 25 kg; such vehicles shall not be considered to be motor vehicles.

Amendment  20

Proposal for a regulation

Article 3 – point 11

Text proposed by the Commission

Amendment

11. ‘certificate of conformity’ means a document that is based on the model set out in the implementing act and which is issued by the vehicle manufacturer to certify that a vehicle, at the time of its completion, corresponds to a type of vehicle type-approved in accordance with this Regulation;

11. ‘certificate of conformity’ means a document that is based on the model set out in the implementing act and which is issued by the manufacturer to certify that a vehicle, at the time of its completion, corresponds to a type of vehicle type-approved in accordance with this Regulation;

Amendment  21

Proposal for a regulation

Article 3 – point 40

Text proposed by the Commission

Amendment

40. ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who sells, registers or is responsible for the entry into service of a vehicle, system, component or separate technical unit on the Union market;

40. ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a vehicle, system, component or separate technical unit available on the Union market;

Amendment  22

Proposal for a regulation

Article 3 – point 49

Text proposed by the Commission

Amendment

49. ‘vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising of a vehicle and which manufacturers provide to their authorised dealers and repairers, including all subsequent amendments and supplements to such information. This information shall include all information required for fitting systems, components or separate technical units on vehicles;

49. ‘vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising of a vehicle and which manufacturers provide to their authorised dealers and repairers, including all subsequent amendments and supplements to such information. This information shall include all information required for identifying and fitting systems, parts, components or separate technical units on vehicles;

Amendment  23

Proposal for a regulation

Article 3 – point 50

Text proposed by the Commission

Amendment

50. ‘independent operator’ means undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of motor vehicles;

50. ‘independent operator’ means any natural or legal person other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of motor vehicles, in particular repairers, manufacturers or distributors of repair equipment, tools or spare parts, publishers of technical information, roadside assistance operators, operators offering inspection, testing and training services, and manufacturers and installers of equipment for alternative fuel vehicles;

Justification

Fair access to repair and maintenance information (at reasonable costs) shall be ensured for all independent operators, not just "undertakings".

Amendment  24

Proposal for a regulation

Article 3 – point 50 a (new)

Text proposed by the Commission

Amendment

 

50a. 'authorised dealer or repairer' means any natural or legal person who is a member of the vehicle manufacturer's distribution system;

Amendment  25

Proposal for a regulation

Article 3 – point 53 a (new)

Text proposed by the Commission

Amendment

 

53a. 'enduro motorcyle' means a powered two-wheeler with special use meeting the classification criteria for L3e-S1;

Justification

Introduction of special sub-category for Enduro motorcycles, which are used both on road and off road.

Amendment  26

Proposal for a regulation

Article 3 – point 53 b (new)

Text proposed by the Commission

Amendment

 

53b. 'trial motorcycle' means a powered two-wheeler with special use meeting the classification criteria for L3e-S2;

Justification

Introduction of special sub-category for Trial motorcycles, which are used both on road and off road.

Amendment  27

Proposal for a regulation

Article 3 – point 57 a (new)

Text proposed by the Commission

Amendment

 

57a. 'all-terrain vehicle' (ATV) means a vehicle meeting the classification criteria for L7Be-A1;

 

(This amendment (L7Be-A1 category for ATV) applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Justification

Introduction of special sub-category for All-terrain vehicles (ATVs), which are used both on road and off road.

Amendment  28

Proposal for a regulation

Article 3 – point 57 b (new)

Text proposed by the Commission

Amendment

 

57b. 'side-by-side' (SbS) vehicle means a vehicle meeting the classification criteria of L7Be-A2;

 

(This amendment (L7Be-A2 category for SbS) applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Justification

Introduction of a sub-category for Side-by-Side vehicles (SbS), which are used on road as well as off road.

Amendment  29

Proposal for a regulation

Article 3 – point 67 a (new)

Text proposed by the Commission

Amendment

 

67a. ‘Powertrain’ means the components and systems of a vehicle that generate power and deliver it to the road surface, including the engine(s), the engine management systems or any other control module, the pollution control devices, the transmission and its control, either a drive shaft or belt drive or chain drive, the differentials, the final drive, and the driven wheel tyre (radius).

Amendment  30

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. L-category vehicles comprise powered two-, three- and four-wheel vehicles as categorised in the following paragraphs and Annex I, including powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars, light and heavy on-road quads, and light and heavy mini-cars.

1. L-category vehicles comprise two-, three- and four-wheel vehicles as categorised in the following paragraphs and Annex I, including two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars, light and heavy on-road quads, ATVs, SbS vehicles, and light and heavy mini-cars.

Amendment  31

Proposal for a regulation

Article 4 – paragraph 2 – point c – point i – indent 1

Text proposed by the Commission

Amendment

– A1 vehicle (low-performance motorcycle);

L3e-A1 vehicle (low-performance motorcycle);

Justification

Editorial

Amendment  32

Proposal for a regulation

Article 4 – paragraph 2 – point c – point i – indent 2

Text proposed by the Commission

Amendment

– A2 vehicle (medium-performance motorcycle);

L3e-A2 vehicle (medium-performance motorcycle);

Justification

Editorial

Amendment  33

Proposal for a regulation

Article 4 – paragraph 2 – point c – point i – indent 3

Text proposed by the Commission

Amendment

– A3 vehicle (high-performance motorcycle).

L3e-A3 vehicle (high-performance motorcycle).

Justification

Editorial

Amendment  34

Proposal for a regulation

Article 4 – paragraph 2 – point c – point ii

Text proposed by the Commission

Amendment

(ii) maximum designed vehicle speed:

deleted

– lower than or equal to 130 km/h;

 

– higher than 130 km/h.

 

Justification

While maximum designed vehicle speed is relevant for emission testing it is not for classifying a vehicle type. This criterion is also not included in Annex I.

Amendment  35

Proposal for a regulation

Article 4 – paragraph 2 – point c – point ii a (new)

Text proposed by the Commission

Amendment

 

(iia) special use:

 

- L3e-S1 vehicle (enduro motorcycle);

 

- L3e-S2 vehicle (trial motorcycle).

Amendment  36

Proposal for a regulation

Article 4 – paragraph 2 – point e – point i

Text proposed by the Commission

Amendment

(i) Subcategory L5Ae vehicle (tricycle);

(i) L5Ae vehicle (tricycle);

Justification

Editorial

Amendment  37

Proposal for a regulation

Article 4 – paragraph 2 – point e – point ii – introductory part

Text proposed by the Commission

Amendment

(ii) Subcategory L5Be vehicle (commercial tricycle), further sub-categorised in:

(ii) L5Be vehicle (commercial tricycle), sub-categorised in:

Justification

Editorial

Amendment  38

Proposal for a regulation

Article 4 – paragraph 2 – point g – point i a (new)

Text proposed by the Commission

Amendment

 

(ia) L7Be vehicle, sub-categorised into:

 

- L7Be-A1: ATV;

 

- L7Be-A2: SbS vehicles.

 

(This amendment (introduction of two new categories L7Be-A1 and L7Be-A2) applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Justification

Introduction of the special use category for four-wheelers used both on-road and off-road, with specific subcategories for ATV and SbS.

Amendment  39

Proposal for a regulation

Article 4 – paragraph 2 – point g – point ii

Text proposed by the Commission

Amendment

(ii) Subcategory L7Be vehicle (heavy mini-car), sub-categorised into:

(ii) L7Ce vehicle (heavy mini-car), sub-categorised into:

– L7Be – U vehicle: utility vehicle exclusively designed for the carriage of goods;

– L7Ce – U vehicle: utility vehicle exclusively designed for the carriage of goods;

– L7Be – P vehicle: vehicle mainly designed and used for passenger transport.

– L7Ce – P vehicle: vehicle mainly designed and used for passenger transport.

 

(This amendment (current L7Be category becoming L7Ce ctaegory) applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment  40

Proposal for a regulation

Article 4 – paragraph 4 – point a

Text proposed by the Commission

Amendment

(a) category L1e with its subcategories L1Ae and L1Be and category L3e with its subcategories L3e - A1, L3e - A2 and L3e - A3;

(a) category L1e with its subcategories L1Ae and L1Be and category L3e with its subcategories L3e-A1, L3e-A2, L3e-A3, L3e-S1 and L3e-S2;

Amendment  41

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. They shall furthermore appoint a representative for the purposes of market surveillance, which may be the representative referred to in the second paragraph or one additional representative.

4. Manufacturers shall furthermore appoint a representative for the purposes of market surveillance, which may be the representative referred to in paragraph 3 or one additional representative.

Justification

Correct cross-reference

Amendment  42

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Importers shall sell or register only compliant vehicles, systems, components or separate technical units on the Union market.

1. Importers shall sell or register only compliant and safe vehicles, systems, components or separate technical units on the Union market.

Amendment  43

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Where importers consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, in particular does not correspond to its type-approval, they shall not sell or register the vehicle, system, component or separate technical unit until it has been brought into conformity. Furthermore, where they consider or have reason to believe that the vehicle, system, component or separate technical unit presents a risk, they shall inform the manufacturer, the market surveillance and approval authorities to that effect.

3. Where importers consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, in particular does not correspond to its type-approval, they shall contact the competent authorities and shall not sell or register the vehicle, system, component or separate technical unit until they have received confirmation from the competent authorities that it is in conformity with this Regulation. Furthermore, where they consider or have reason to believe that the vehicle, system, component or separate technical unit presents a risk, they shall inform the manufacturer, the market surveillance and approval authorities to that effect.

Amendment  44

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Where distributors consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, they shall not sell or register the vehicle, system, component or separate technical unit and shall prevent its entry into service until it has been brought into conformity.

1. Where distributors consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, they shall contact the competent authorities and shall not sell or register the vehicle, system, component or separate technical unit until they have received confirmation from the competent authorities that it is in conformity with this Regulation and shall prevent its entry into service until it has been brought into conformity.

Amendment  45

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. In order to ensure a high level of safety and environmental protection, the Commission shall lay down detailed technical requirements, including test procedures and limit values where applicable, only for requirements other than the environmental limits and thresholds listed in Annex VI and VII to this Regulation, by means of delegated acts in accordance with Articles 76, 77 and 78.

2. In order to ensure a high level of safety and environmental protection, the Commission shall lay down detailed technical requirements, including test procedures and limit values where applicable, only for requirements other than the environmental limits and thresholds listed in Annex VI and VII to this Regulation, by means of delegated acts in accordance with Article 76. Those detailed technical requirements shall be such as to increase, or at least maintain, the level of safety and environmental protection afforded by the Directives referred to in Article 81.

Amendment  46

Proposal for a regulation

Article 16 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Any measures adopted in accordance with paragraph 2 shall be preceded by an evaluation resulting in a report and strive for a fair balance between the following elements:

 

(a) the existence of a serious risk to the safety or environmental performance of the technical requirements under consideration; and

 

(b) the effect on consumers and manufacturers (including in the after- market) of the imposition under this Article of any additional requirements.

Amendment  47

Proposal for a regulation

Article 18

Text proposed by the Commission

Amendment

Measures regarding modifications to the powertrain of vehicles

Measures for manufacturers regarding tampering with L-category vehicles

1. ‘Powertrain’ means the components and systems of a vehicle that generate power and deliver it to the road surface, including the engine(s), the engine management systems or any other control module, the pollution control devices, the transmission and its control, either a drive shaft or belt drive or chain drive, the differentials, the final drive, and the driven wheel tyre (radius).

 

2. L-category vehicles shall be equipped with designated measures to prevent tampering of a vehicle's powertrain, to be laid down in a delegated act by means of a series of technical requirements and specifications with the aim:

1. L-category vehicles shall be equipped with designated measures to prevent tampering with a vehicle's powertrain, with the aim:

(a) to prevent modifications that may prejudice safety, in particular by increasing vehicle performance through tampering with the powertrain in order to increase the maximum torque and/ or power and/or maximum designed vehicle speed as declared by the manufacturer of a vehicle upon type-approval, and/or

(a) to prevent modifications that may prejudice safety, in particular by increasing vehicle performance through tampering with the powertrain in order to increase the maximum torque and/ or power and/or maximum designed vehicle speed as declared by the manufacturer of a vehicle upon type-approval; and/or

(b) to prevent damage to the environment.

(b) to prevent damage to the environment.

3. The Commission shall lay down the specific requirements regarding the measures referred to in paragraph 2 by means of a delegated act adopted in accordance with Articles 76, 77 and 78.

2. The Commission shall, by the date specified in Article 82(2), lay down the specific requirements regarding the measures referred to in paragraph 1 by means of a delegated act in accordance with Article 76.

4. After a modification of the powertrain, a vehicle shall comply with the technical requirements of the initial vehicle category and subcategory, or, if applicable, the new vehicle category and subcategory, which were in force when the original vehicle was sold, registered or entered into service, including the latest amendments to the requirements.

 

Amendment  48

Proposal for a regulation

Article 18 a (new)

Text proposed by the Commission

Amendment

 

Article 18a

 

Measures and proceedings regarding modifications to L-category vehicles by the users or those acting on their behalf

 

1. If substantial modifications are made to the powertrain components by the user or by those acting on his behalf, the vehicle shall comply with the technical requirements of the initial vehicle category and subcategory, or, if applicable, the new vehicle category and subcategory, which were in force when the original vehicle was sold, registered or entered into service. Those modifications shall be inspected and approved by the competent authorities of the Member States.

 

2. Chapter XI shall apply without prejudice to this Article.

 

3. For the purposes of paragraph 1, a modification shall be deemed to be substantial when it affects the safety of the vehicle or its emissions to the environment, or when it renders the original type-approval obsolete.

Amendment  49

Proposal for a regulation

Article 19

Text proposed by the Commission

Amendment

1. Four years after the date referred to in the second subparagraph of Article 82, all new vehicles in subcategories L1Be, L3e, L5e, L6Ae and L7Ae shall be equipped with the first stage of an on-board diagnostic (OBD) system which monitors and reports on electric circuit continuity, shorted and open electric circuits and circuit rationality of the engine and vehicle management systems (OBD I).

1. Two years after the date referred to in Article 82(2), all new vehicles in subcategories L3e, L5e, L6Ae and L7Ae shall be equipped with the first stage of an on-board diagnostic (OBD) system which monitors and reports on electric circuit continuity, shorted and open electric circuits and circuit rationality of the engine and vehicle management systems (OBD I).

 

2. Three years after the date referred to in Article 82(2), all new vehicles in subcategory L1Be and all existing types of vehicles in subcategories L3e, L5e, L6Ae and L7Ae shall be equipped with OBD I.

 

3. Four years after the date referred to in Article 82(2), all existing types of vehicles in subcategory L1Be shall be equipped with OBD I.

 

4. Five years after the date referred to in Article 82(2), all new vehicles in subcategories L6Be, L7Be and L7Ce shall be equipped with OBD I.

2. Six years after the date referred to in the second subparagraph of Article 82, all new vehicles in subcategories L6Be and L7Be shall be equipped with OBD I.

5. Six years after the date referred to in Article 82(2), all existing types of vehicles in subcategories L6Be, L7Be and L7Ce shall be equipped with OBD I.

 

6. Seven years after the date referred to in Article 82(2), all new vehicles shall be equipped with OBD I.

3. Eight years after the date referred to in the second subparagraph of Article 82, all new vehicles shall be equipped with OBD I.

7. Eight years after the date referred to in Article 82(2), all existing types of vehicles shall be equipped with OBD I.

4. Following confirmation in a decision adopted by the Commission in accordance with Article 21(4), eight years after the date referred to in the second subparagraph of Article 82, all new vehicles in (sub-)categories L1Be, L3e, L5e, L6Ae and L7Ae shall in addition also be equipped with the second stage of an on-board diagnostic system (OBD II) which, in addition to OBD I, monitors not only complete failures but also deterioration of systems, components or separate technical units during vehicle life under the condition that its cost-effectiveness is proven in the environmental effect study referred to in article 21(4) and (5).

8. Following confirmation in a decision adopted by the Commission in accordance with Article 21(4), six years after the date referred to in Article 82(2), all new vehicles in (sub-)categories L3e, L5e, L6Ae and L7Ae shall also be equipped with the second stage of an on-board diagnostic system (OBD II) which, in addition to OBD I, monitors not only complete failures but also deterioration of systems, components or separate technical units during vehicle life under the condition that its cost-effectiveness is proven in the environmental effect study referred to in Article 21(4) and (5).

 

9. Following confirmation in a decision adopted by the Commission in accordance with Article 21(4), seven years after the date referred to in Article 82(2), all existing types of vehicles in (sub-) categories L3e, L5e, L6Ae and L7Ae shall also be equipped with OBD II which, in addition to OBD I, monitors not only complete failures but also deterioration of systems, components or separate technical units during vehicle life under the condition that its cost-effectiveness is proven in the environmental effect study referred to in Article 21(4) and (5).

5. The detailed OBD emission thresholds are laid down in Annex VI(B).

10. The detailed OBD emission thresholds are laid down in Annex VI(B).

6. Powers are conferred on the Commission to adopt, in accordance with Article 76, 77 and 78 a delegated act laying down the detailed technical requirements related to on-board diagnostics, including functional OBD requirements and test procedures for the subjects listed in paragraphs 1 to 5 in order to ensure a high level of functional safety, environmental protection and the same standardised level of access to repair and maintenance information for all vehicle repairers.

11. The Commission shall, by means of a delegated act in accordance with Article 76, lay down the detailed technical requirements related to OBD, including functional requirements and test procedures in order to ensure a high level of functional safety, environmental protection and the same standardised level of access to repair and maintenance information for all vehicle repairers.

 

Amendment  50

Proposal for a regulation

Article 20 – paragraph 4

Text proposed by the Commission

Amendment

4. In order to ensure that a high level of safety is obtained, the Commission shall lay down specific requirements regarding the functional safety of vehicles, including test procedures and limit values, by means of a delegated act in accordance with Articles 76, 77 and 78.

4. In order to ensure that a high level of safety is obtained, the Commission shall lay down specific requirements regarding the functional safety of vehicles, including test procedures and limit values, by means of a delegated act in accordance with Article 76. Those specific requirements shall be such as to increase, or at least maintain, the level of safety afforded by the Directives referred to in Article 81.

Amendment  51

Proposal for a regulation

Article 21 – paragraph 4

Text proposed by the Commission

Amendment

4. By 1 January 2016 at the latest, the Commission shall carry out a comprehensive environmental effect study. The study shall evaluate the air quality and the share of pollutants contributed by L-category vehicles and shall cover the requirements of test types I, IV, V, VII and VIII listed in Annex V. It shall collate and evaluate the latest scientific data, scientific research findings, modelling and cost efficiency with a view to establishing definitive policy measures by confirmation of the Euro 5 enforcement dates (Euro 6 dates for L3e motorcycles) laid down in Annex IV and the Euro 5 (Euro 6 for L3e motorcycles) environmental requirements laid down in Annexes V, VI(A3), VI(B2), VI(C2) and Annex VII concerning Euro 5 (Euro 6 for L3e motorcycles) durability mileages and deterioration factors.

4. By 1 January 2016 the Commission shall carry out a comprehensive environmental effect study. The study shall evaluate the air quality and the share of pollutants contributed by L-category vehicles and shall cover the requirements of test types I, IV, V, VII and VIII listed in Annex V. It shall collate and evaluate the latest scientific data, scientific research findings, modelling and cost efficiency with a view to establishing definitive policy measures on issues referred to in paragraph 5.

Justification

Deletion of duplication with paragraph 5

Amendment  52

Proposal for a regulation

Article 21 – paragraph 5 – introductory part

Text proposed by the Commission

Amendment

5. Based on the findings of the environmental effect study the Commission shall confirm:

5. The Commission shall report to the European Parliament and to the Council on the findings of the environmental effect study and proposed definitive policy measures as regards:

Justification

On the bases of the environmental effect study the Commission shall either confirm or propose modifications to the environmental requirements listed in this paragraph.

Amendment  53

Proposal for a regulation

Article 21 – paragraph 5 – point b

Text proposed by the Commission

Amendment

(b) the Euro 5 emission limits (Euro 6 for category L3e motorcycles) referred to in Annex VI(A3) and the OBD thresholds in Annex VI(B2);

(b) the Euro 5 emission limits (Euro 6 for category L3e motorcycles) referred to in Annex V, Annex VI(A3) and the OBD thresholds in Annex VI(B2);

Justification

See justification on amendment to paragraph 4

Amendment  54

Proposal for a regulation

Article 21 – paragraph 12

Text proposed by the Commission

Amendment

12. In order to ensure a high level of environmental protection, the Commission shall lay down the detailed technical specifications on environmental requirements including test procedures for the subjects listed in paragraphs 2, 3, 4 and 5 by means of a delegated act in accordance with Articles 76, 77 and 78.

12. In order to ensure a high level of environmental protection, the Commission shall lay down the detailed technical specifications on environmental requirements including test procedures for the subjects listed in paragraphs 2, 3, 4 and 5 by means of a delegated act in accordance with Article 76. Those detailed technical specifications shall be such as to increase, or at least maintain, the level of safety afforded by the Directives referred to in Article 81.

Amendment  55

Proposal for a regulation

Article 22 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall lay down the CO2 emission measurement and fuel consumption calculation or measurement methods by means of a delegated act, adopted in accordance with Articles 76, 77 and 78.

3. The Commission shall lay down the CO2 emission measurement and fuel consumption calculation or measurement methods by means of a delegated act in accordance with Article 76.

Amendment  56

Proposal for a regulation

Article 23 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) mixed type-approval;

Justification

A mixed type approval is necessary for manufacturers that use supplier's approvals but use the single step for vehicle related items under their own control.

Amendment  57

Proposal for a regulation

Article 23 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Mixed type-approval shall consist of a step-by-step type-approval procedure for which one or more system approvals are achieved during the final stage of the approval of the whole vehicle, without it being necessary to issue the EU type-approval certificates for those systems.

Amendment  58

Proposal for a regulation

Article 23 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

 

5a. The Commission shall lay down the detailed arrangements with regard to type-approval procedures by means of delegated acts in accordance with Article 76.

Amendment  59

Proposal for a regulation

Article 23 – paragraph 6

Text proposed by the Commission

Amendment

6. Implementing powers are conferred on the Commission in order to lay down templates for the details of the arrangements with regard to type-approval procedures in Article 73.

6. The Commission shall adopt implementing acts in order to lay down templates for the detailed arrangements regarding type-approval procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).

Amendment  60

Proposal for a regulation

Article 25 – paragraph 2 – introductory part and points 1 and 2

Text proposed by the Commission

Amendment

2. The information folder shall include the following:

2. The information folder shall include at least the following information:

(1) an information document in accordance with the template established by the Commission pursuant to Article 73;

(1) all data, drawings, photographs and other information required in the delegated act adopted pursuant to paragraph 3a;

(2) all data, drawings, photographs and other information required in the implementing act adopted pursuant to Article 73;

(2) an information document in accordance with the template established by the Commission pursuant to paragraph 3b;

Amendment  61

Proposal for a regulation

Article 25 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. The Commission shall determine, by means of delegated acts in accordance with Article 76, the information to be provided to the approval authority pursuant to paragraph 2, taking into account the requirements laid down in Article 26.

Amendment  62

Proposal for a regulation

Article 25 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. The Commission shall adopt implementing acts in order to establish the templates for the information folder and the information document referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).

Amendment  63

Proposal for a regulation

Article 27 – paragraph 4

Text proposed by the Commission

Amendment

4. EU type-approval certificates shall be numbered in accordance with a harmonised system as laid down in the implementing act adopted in accordance with Article 73.

4. EU type-approval certificates shall be numbered in accordance with a harmonised system. The Commission shall adopt implementing acts in order to establish such a system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2).

Amendment  64

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. The type-approval certificate shall be issued on the basis of the template laid down in implementing act adopted in accordance with Article 73.

2. The Commission shall adopt implementing acts in order to establish a template for an EU type-approval certificate. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). The type-approval certificate shall be issued on the basis of that template.

Amendment  65

Proposal for a regulation

Article 30 – paragraph 6

Text proposed by the Commission

Amendment

6. In order to ensure that the results obtained through virtual testing are as meaningful as those obtained through physical testing, the Commission shall lay down the requirements which can be subject to virtual testing and the conditions under which the virtual testing must be performed, by means of a delegated act in accordance with Articles 76, 77 and 78.

6. In order to ensure that the results obtained through virtual testing are as meaningful as those obtained through physical testing, the Commission shall lay down the requirements which can be subject to virtual testing and the conditions under which the virtual testing must be performed, by means of a delegated act in accordance with Article 76. When adopting that delegated act, the Commission shall take as a basis the requirements and procedures provided for in Annex XVI to Directive 2007/47/EC, as appropriate.

Amendment  66

Proposal for a regulation

Article 31 – paragraph 3

Text proposed by the Commission

Amendment

3. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type the approval authority which has granted the EU type-approval may carry out any of the checks or tests required for the regulatory requirements that are the subject of the EU type-approval on samples taken at the premises of the manufacturer, including production facilities. The details of the verification procedures will be set out in an implementing act adopted under this Regulation in accordance with Article 73.

3. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority which has granted the EU type-approval may carry out any of the checks or tests required for the regulatory requirements that are the subject of the EU type-approval on samples taken at the premises of the manufacturer, including production facilities.

Amendment  67

Proposal for a regulation

Article 31 – paragraph 5

Text proposed by the Commission

Amendment

5. The powers to adopt the implementing act laying down the detailed arrangements with regard to conformity of production are conferred on the Commission in accordance with Article 73 of this Regulation.

5. The Commission shall lay down, by means of delegated acts in accordance with Article 76, the detailed arrangements with regard to conformity of production and the verification procedures related thereto. The Commission may periodically review, as appropriate, such arrangements and procedures. When adopting those delegated acts, the Commission shall take as a basis the arrangements and procedures provided for in the Directives referred to in Article 81.

Amendment  68

Proposal for a regulation

Article 36 – paragraph 2

Text proposed by the Commission

Amendment

2. The manufacturer shall use the template for the certificate of conformity adopted by the Commission in accordance with Article 73.

2. The Commission shall adopt implementing acts in order to establish a template for a certificate of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). The manufacturer shall use the template for the certificate of conformity adopted by the Commission.

Amendment  69

Proposal for a regulation

Article 36 – paragraph 3

Text proposed by the Commission

Amendment

3. Unless a different agreement has been concluded with the buyer of the vehicle, the certificate of conformity shall be drawn up in the official language of the Member State where the vehicle is purchased.

3. The certificate of conformity shall be drawn up in one of the official languages of the Union. Any Member State may request the certificate of conformity to be translated into its own official language or languages.

Justification

Reducing adminitrative burdens.

Amendment  70

Proposal for a regulation

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

5. The certificate of conformity shall be completed in its entirety and shall not contain restrictions as regards the use of the vehicle other than those provided for in the implementing act adopted in accordance with Article 73.

5. The certificate of conformity shall be completed in its entirety and shall not contain restrictions as regards the use of the vehicle other than those imposed by the approval authority.

Amendment  71

Proposal for a regulation

Article 36 – paragraph 7

Text proposed by the Commission

Amendment

7. The certificate of conformity, as set out in the implementing act adopted under this Regulation, shall, for vehicles approved in accordance with Article 39(2), display in its title the phrase ‘For complete/completed vehicles, type-approved in application of Article 39 (provisional approval)’.

7. The certificate of conformity, as set out in the implementing act adopted under this Regulation, shall, for vehicles approved in accordance with Article 38(2), display in its title the phrase ‘For complete/completed vehicles, type-approved in application of Article 38 of Regulation (EU) No .../2012 of the European Parliament and of the Council of ...* on the approval and market surveillance of two- or three- wheel vehicles and quadricycles (provisional approval)’.

 

_____________

 

* OJ: please insert the number and date of this Regulation.

Justification

Correct cross-reference

Amendment  72

Proposal for a regulation

Article 36 – paragraph 8

Text proposed by the Commission

Amendment

8. The certificate of conformity, as set out in the implementing act adopted under this Regulation, shall, for vehicles type-approved in accordance with Article 41, display in its title the phrase ‘For complete/completed vehicles type-approved in small series’, and in close proximity thereto the year of production followed by a sequential number, between 1 and the limit indicated in the table set out in the implementing act, denoting, in respect of each year of production, the position of that vehicle within the production sequence for that year.

8. The certificate of conformity, as set out in the implementing act adopted under this Regulation, shall, for vehicles type-approved in accordance with Article 40, display in its title the phrase ‘For complete/completed vehicles type-approved in small series’, and in close proximity thereto the year of production followed by a sequential number, between 1 and the limit indicated in the table set out in the implementing act, denoting, in respect of each year of production, the position of that vehicle within the production sequence for that year.

Justification

Correct cross-reference

Amendment  73

Proposal for a regulation

Article 37 – paragraph 4

Text proposed by the Commission

Amendment

4. The EU statutory plate and type-approval mark shall be in accordance with the model set out in the implementing act laid down in article 73 adopted under this Regulation.

4. The Commission shall adopt implementing acts in order to establish an EU statutory plate and type-approval mark. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). The EU statutory plate and type-approval mark shall be in accordance with the model set out in those implementing acts.

Amendment  74

Proposal for a regulation

Article 40 – paragraph 4

Text proposed by the Commission

Amendment

4. The type-approval certificate for vehicles type-approved in accordance with this Article shall be drafted in accordance with the model set out in implementing act adopted pursuant to Article 73, but shall not bear the heading EU vehicle type-approval certificate and shall specify the content of the waivers granted pursuant to paragraph 1. Type-approval certificates shall be numbered in accordance with the implementing act adopted pursuant to Article 73.

4. The type-approval certificate for vehicles type-approved in accordance with this Article shall be drafted in accordance with the template adopted by the Commission pursuant to Article 28(2), but shall not bear the heading 'EU vehicle type-approval certificate' and shall specify the content of the waivers granted pursuant to paragraph 1. Type-approval certificates shall be numbered in accordance with the harmonised system adopted by the Commission pursuant to Article 27(4).

Amendment  75

Proposal for a regulation

Article 41 – paragraph 3

Text proposed by the Commission

Amendment

3. An individual approval shall apply to a particular vehicle, whether it is unique or not.

3. An individual approval shall apply to a particular vehicle, whether it is unique or not, and in particular to unique vehicles built by private individuals.

Amendment  76

Proposal for a regulation

Article 41 – paragraph 6 – subparagraph 1

Text proposed by the Commission

Amendment

6. The format of the individual approval certificate shall be based on the template for the EU type-approval certificate as set out in an implementing act adopted pursuant to Article 73 and shall contain at least the information necessary to complete the application for registration provided for in Council Directive 1999/37/EC.

6. The format of the individual approval certificate shall be based on the template for the EU type-approval certificate adopted by the Commission pursuant to Article 28(2) and shall contain at least the information necessary to complete the application for registration provided for in Council Directive 1999/37/EC.

Amendment  77

Proposal for a regulation

Article 41 – paragraph 7

Text proposed by the Commission

Amendment

7. This Article shall apply to vehicles which, at the time of the application for individual approval, have not previously been sold or of which the entry into service did not happen yet, involving identification and the issuing of a registration number, including temporary or short-term registration or professional registration, or have only been sold, registered or have been entering into service for less than six months.

7. This Article shall apply to vehicles which, at the time of the application for individual approval, have not previously been sold or of which the entry into service did not happen yet, involving identification and the issuing of a registration number, including temporary or short-term registration or professional registration, or have only been sold, registered or have been entering into service for less than six months or to unique vehicles built by private individuals.

Amendment  78

Proposal for a regulation

Article 42 – paragraph 1

Text proposed by the Commission

Amendment

1. An approval authority may exempt the vehicle from compliance with requirements laid down in one or more of the acts listed in Annex II, provided that the approval authority imposes alternative requirements and has reasonable grounds for such exemption.

1. An approval authority may exempt the vehicle from compliance with requirements laid down in one or more of the acts listed in Annex II, provided that the approval authority imposes alternative requirements and has reasonable grounds for such exemption. An exemption of this kind may be granted in particular for unique vehicles built by private individuals, in order to keep costs to an acceptable level.

Amendment  79

Proposal for a regulation

Article 42 – paragraph 2 – subparagraph 3 a (new)

Text proposed by the Commission

Amendment

 

The alternative requirements for unique amateur-built vehicles shall ensure a satisfactory level of functional safety and environmental protection which is reasonable and fair to that provided for by the relevant subject listed in Annex II.

Amendment  80

Proposal for a regulation

Article 43 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Where a competent authority intends to refuse the placing on the market, registration or entry into service of a vehicle which has been granted an individual approval by an approval authority from another Member State, it shall send the person concerned written notice of such intention, specifying the technical provisions on which the decision is to be based and setting out technical or scientific evidence to the effect that:

 

(a) the intended decision is justified on the grounds set out in paragraph 3; and

 

(b) the intended decision is appropriate for the purpose of achieving the objective pursued and does not go beyond what is necessary in order to attain that objective.

 

Any intended decision shall be based on the characteristics of the vehicle in question.

 

The person concerned shall, following receipt of such notice, be allowed at least 20 working days in which to submit comments. The notice shall specify the time-limit within which comments may be submitted.

Amendment  81

Proposal for a regulation

Article 43 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

 

3b. Any decision to refuse the placing on the market, registration or entry into service of a vehicle which has been granted an individual approval by an approval authority from another Member State shall be notified in writing to the person concerned and to the Commission within a period of 20 working days from the expiry of the time limit for the receipt of comments set in accordance with paragraph 3a. It shall take due account of those comments and shall state the grounds on which it is based, including the reasons for rejecting the arguments, if any, put forward by the person concerned, and the technical or scientific evidence as referred to in paragraph 1 of this Article.

 

Where duly justified by the complexity of the issue, the competent authority may, once only, extend the period specified in the first subparagraph by a maximum of 20 working days.

 

Such an extension shall be duly reasoned and shall be notified to the person concerned before the expiry of the initial period.

 

Any decision to refuse sale, registration or entry into service of a vehicle which has been granted an individual approval by an approval authority from another Member State, shall also specify the remedies available under the law in force in the Member State concerned and the time limits applying to such remedies. Such a decision may be challenged before national courts or tribunals or other instances of appeal.

Amendment  82

Proposal for a regulation

Article 43 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

 

3c. Where, after giving written notice in accordance with paragraph 3a, the competent authority decides not to adopt a decision to refuse the placing on the market, registration or entry into service of a vehicle which has been granted an individual approval by an approval authority from another Member State, it shall immediately inform the person concerned accordingly and deliver all the documents necessary for the vehicle in question to be placed on the market, registered or put into service.

Amendment  83

Proposal for a regulation

Article 43 – paragraph 3 d (new)

Text proposed by the Commission

Amendment

 

3d. When the competent authority fails to notify the person concerned of a decision to refuse the placing on the market, registration or entry into service of a vehicle which has been granted an individual approval by an approval authority from another Member State within the period specified in paragraph 3b, the vehicle shall be deemed to be lawfully placed on the market, registered or put into service in that Member State insofar as the application of its technical provisions as referred to in paragraph 3a is concerned. In such a case, the competent authority shall immediately deliver all the documents necessary for the vehicle in question to be placed on the market, registered or put into service.

Amendment  84

Proposal for a regulation

Article 43 – paragraph 3 e (new)

Text proposed by the Commission

Amendment

 

3e. References in this Article to the person concerned shall be considered references to the economic operator or, as the case may be, to any other person who requests to the competent authority of a Member State that a vehicle which has been granted an individual approval by an approval authority from another Member State be placed on the market, registered or put into service in the Member State of the requesting competent authority.

Amendment  85

Proposal for a regulation

Article 46 – paragraph 4

Text proposed by the Commission

Amendment

4. The amount of end-of-series vehicle shall not exceed 10 % of the number of vehicles registered in the two preceding years or 10 vehicles per Member State, whatever is the highest.

4. The amount of end-of-series vehicle shall not exceed 10 % of the number of vehicles registered in the two preceding years or 50 vehicles per Member State, whatever is the highest.

Amendment  86

Proposal for a regulation

Article 46 – paragraph 5

Text proposed by the Commission

Amendment

5. Before their registration, the manufacturer shall issue a new certificate of conformity for end-of-series vehicles qualifying the vehicles as ‘end-of-series’ and indicating the number and the Member State of first registration in conformity with the template for the certificate of conformity established by the Commission in accordance with Article 73

5. Before their registration, the manufacturer shall issue a new certificate of conformity for end-of-series vehicles qualifying the vehicles as ‘end-of-series’ and indicating the number and the Member State of first registration in accordance with the template for the certificate of conformity established by the Commission in accordance with Article 36(2).

Amendment  87

Proposal for a regulation

Article 49 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

1. Where, during the procedure set out in Article 41, objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to the legislation of the Union, the Commission shall without delay evaluate the national measure after consulting Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.

1. Where, during the procedure set out in Article 48, objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to the legislation of the Union, the Commission shall without delay evaluate the national measure after consulting Member States and the relevant economic operator or operators. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.

Justification

Correct cross-reference

Amendment  88

Proposal for a regulation

Article 52 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The Commission shall establish a list of the systems, components or separate technical units covered by paragraph 1 by means of delegated acts in accordance with Articles 76, 77 and 78, taking account of available information on the following:

2. The Commission shall establish a list of the systems, components or separate technical units covered by paragraph 1 by means of delegated acts in accordance with Article 76, on the basis of the following elements:

Amendment  89

Proposal for a regulation

Article 52 – paragraph 3 – subparagraph 3

Text proposed by the Commission

Amendment

Paragraph 1 shall not apply to systems, components or separate technical units produced for vehicles intended exclusively for racing on roads. If systems, components or separate technical units on a list in a delegated act to this Regulation have a dual use, for vehicles intended exclusively for racing on roads and for vehicles intended for use on public roads, they may not be sold or offered for sale to consumers.

Paragraph 1 shall not apply to systems, components or separate technical units produced for vehicles intended exclusively for sport activities not taking place on the public road. If systems, components or separate technical units on a list in a delegated act to this Regulation have a dual use, for vehicles intended exclusively for those sport activities and for vehicles intended for use on public roads, they may not be sold or offered for sale to consumers.

Amendment  90

Proposal for a regulation

Article 52 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall, to the extent necessary, lay down the model and numbering system for the certificate referred to in third subparagraph of Article 53(1) as well as all aspects relating to the procedure by means of implementing act in accordance with Article 73. The Commission, shall lay down the requirements which such components must fulfil, the marking, packaging and the appropriate tests by means of delegated acts in accordance Articles 76, 77 and 78.

4. The Commission shall adopt implementing acts in order to, to the extent necessary, lay down the model and numbering system for the certificate referred to in the third subparagraph of Article 53(1) as well as all aspects relating to the procedure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 74(2). The Commission shall lay down the requirements which such components must fulfil, the marking, packaging and the appropriate tests by means of delegated acts in accordance with Article 76.

Amendment  91

Proposal for a regulation

Article 60 – paragraph 1

Text proposed by the Commission

Amendment

1. Manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner. In particular, this access shall be granted in a manner which is non-discriminatory compared to the access granted to authorised dealers and repairers.

1. Manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner. In particular, this information shall be made available in a manner which is non-discriminatory compared to the repair and maintenance information provided to authorised dealers and repairers and to independent operators. Vehicles shall be supplied with all information, special equipment and accessories essential to enable them to be adjusted, maintained and used safely.

Amendment  92

Proposal for a regulation

Article 60 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Manufacturers shall make vehicle repair and maintenance information available in an itemised, user-friendly and legible way.

Amendment  93

Proposal for a regulation

Article 60 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) service handbooks including repair and maintenance records;

(b) service handbooks including repair and maintenance records and service schedules;

Amendment  94

Proposal for a regulation

Article 60 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) technical manuals;

(c) technical manuals and technical service bulletins;

Amendment  95

Proposal for a regulation

Article 60 – paragraph 7

Text proposed by the Commission

Amendment

7. For the design and manufacture of automotive equipment for alternative-fuel vehicles, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for alternative-fuel vehicles.

7. For the design and manufacture of automotive equipment for alternative-fuel vehicles, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, distributor, installer or repairer of equipment for alternative-fuel vehicles.

Amendment  96

Proposal for a regulation

Article 60 – paragraph 11

Text proposed by the Commission

Amendment

11. Where the repair and maintenance records of a vehicle are kept in a central database of the vehicle manufacturer or on its behalf, independent repairers shall have access free of charge to such records and shall be able to enter information on the repair and maintenance which they have performed.

11. Where the repair and maintenance records of a vehicle are kept in a central database of the vehicle manufacturer or on its behalf, independent operators shall have access free of charge to such records and shall be able to enter information on the repair and maintenance which they have performed.

Amendment  97

Proposal for a regulation

Article 66 – paragraph 11

Text proposed by the Commission

Amendment

11. In order to ensure that these services meet the same high level of performance standards in all Member States, the Commission shall lay down the standards with which the technical services have to comply and the procedure for the assessment of technical services by means of a delegated act in accordance with Articles 76, 77 and 78.

11. In order to ensure that these services meet the same high level of performance standards in all Member States, the Commission shall lay down the standards with which the technical services have to comply and the procedure for the assessment of technical services by means of a delegated act in accordance with Article 76. When adopting that delegated act, the Commission shall take as a basis the arrangements and procedures provided for in Appendix 1 and 2 to Annex V to Directive 2007/46/EC, as appropriate.

Amendment  98

Proposal for a regulation

Article 73

Text proposed by the Commission

Amendment

Article 73

deleted

Implementing measures

 

In order to lay down uniform conditions for the implementation of this Regulation, the Commission shall, in accordance with the procedure referred to in Article 74, adopt implementing acts laying down implementing measures to establish the following:

 

(a) the details of the arrangements with regard to type-approval procedures in accordance with Article 23(6);

 

(b) templates for the information folder and the information document in accordance with Article 25(2);

 

(c) a numbering system of EU type-approval certificates in accordance with Article 27( 4);

 

(d) a template for an EU type-approval certificate in accordance with Article 28 (2);

 

(e) the details of the arrangements with regard to conformity of production in accordance with Article 31;

 

(f) the template of a certificate of conformity in accordance with Article 36(2);

 

(g) the model of the EU type-approval mark in accordance with Article 37(4).

 

Amendment  99

Proposal for a regulation

Article 74

Text proposed by the Commission

Amendment

1. The Commission shall be assisted by the Technical Committee – Motor Vehicles established under Article 40 of Directive 2007/46/EC.

1. The Commission shall be assisted by the Technical Committee – Motor Vehicles established under Article 40 of Directive 2007/46/EC. That committee is a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Amendment  100

Proposal for a regulation

Article 75 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission may adopt amendments to the Annexes of this Regulation by means of delegated acts in accordance with Articles 76, 77 and 78.

1. The Commission may adopt amendments to the Annexes of this Regulation, in order to adapt them to the development of scientific and technical knowledge, by means of delegated acts in accordance with Article 76.

Amendment  101

Proposal for a regulation

Article 75 – paragraph 2

Text proposed by the Commission

Amendment

2. When, pursuant to Decision 97/836/EC, new UNECE regulations or amendments to existing UNECE regulations to which the Union has acceded are adopted, the Commission shall, by means of a delegated act in accordance with Articles 76, 77 and 78 amend Annex II to this Regulation accordingly.

deleted

Amendment  102

Proposal for a regulation

Article 76

Text proposed by the Commission

Amendment

Exercise of delegation

Exercise of the delegation

1. The powers to adopt the delegated acts referred to in Articles 16, 18, 19, 20, 21, 22, 30, 52, 56, 57, 60, 66 and 75 shall be conferred on the Commission for an indeterminate period of time.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

 

1a. The power to adopt delegated acts referred to in Articles 16, 18, 19, 20, 21, 22, 30, 52, 56, 57, 60, 66 and 75 shall be conferred on the Commission for an indeterminate period of time from ...*.

 

1b. The delegation of power referred to in Articles 16, 18, 19, 20, 21, 22, 30, 52, 56, 57, 60, 66 and 75 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.

2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Article 77 and 78.

3. A delegated act adopted pursuant to Articles 16, 18, 19, 20, 21, 22, 30, 52, 56, 57, 60, 66 and 75 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.

 

_____________

 

* OJ: please insert the date of application of this Regulation.

Amendment  103

Proposal for a regulation

Article 77

Text proposed by the Commission

Amendment

Article 77

deleted

Revocation of delegation

 

1. The delegation of power referred to in Articles 16, 18, 19, 20, 21, 22, 30, 52, 56, 57, 60, 66 and 75 may be revoked at any time by the European Parliament or by the Council.

 

2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

 

3. A revocation decision shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

 

Amendment  104

Proposal for a regulation

Article 78

Text proposed by the Commission

Amendment

Article 78

deleted

Objections to delegated acts

 

1. The European Parliament and the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by one month.

 

2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, or if, before that date, the European Parliament and the Council have both informed the Commission that they have decided not to raise objections, the delegated act shall enter into force at the date stated in its provisions.

 

3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

 

Amendment  105

Proposal for a regulation

Article 82 – paragraph 2

Text proposed by the Commission

Amendment

2. It shall apply from 1 January 2013.

2. It shall apply from 1 January 2014.

Justification

This modification, together with other amendments, aims to rationalise the time table for the application for the requirements in this Regulation. Postponement with one year will provide manufacturers and national administrations sufficient time to adapt to the proposed requirements, including those in the delegated acts. At the same time, the final deadlines for the obligatory safety and environmental requirements are not compromised and remain as in the Commission proposal.

Amendment  106

Proposal for a regulation

Annex I – Category L1e – Subcategory L1Ae

Text proposed by the Commission

Amendment

L1Ae

deleted

Powered cycle

 

3) primary aim to aid pedalling and vehicle equipped with an auxiliary propulsion and

 

(4) maximum design speed 25 km/h and

 

(5) output of auxiliary propulsion is progressively reduced and finally cut off as vehicle reaches a speed of 25 km/h and

 

(6) the auxiliary propulsion has a maximum continuous rated power(1) 1 kW and

 

(7) powered three-wheel cycles complying with supplemental specific classification criteria (3), (4), (5) and (6) are classified as being technically equivalent to powered two-wheel cycles.

 

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment  107

Proposal for a regulation

Annex I – Category L1e – Subcategory L1Be – criterion (3)

Text proposed by the Commission

Amendment

(3) maximum design speed ≤ 25 km/h and

(3) maximum design speed 45 km/h and

Justification

Editorial mistake: correction to bring the category in line with current definitions.

Amendment  108

Proposal for a regulation

Annex I – Category L3e – Subcategory L3e-S1 (new)

Text proposed by the Commission

Amendment

 

L3e-S1 - Enduro motorcycle

 

(5) maximum seat height of 900 mm;

 

(6) minimum ground clearance of 310 mm;

 

(7) minimum overall gear ratio in the highest gear (primary ratio * gear ratio * final drive ratio) of 6,0;

 

(8) mass in running order (without driver) of not more than 140 kg;

 

(9) no seating position of a passenger.

Amendment  109

Proposal for a regulation

Annex I – Category L3e – Subcategory L3e-S2 (new)

Text proposed by the Commission

Amendment

 

L3e-S2 - Trial motorcycle

 

(5) maximum seat height of 700 mm;

 

(6) minimum ground clearance of 280 mm;

 

(7) maximum fuel tank capacity: 4l;

 

(8) minimum overall gear ratio in the highest gear (primary ratio * gear ratio * final drive ratio) of 7,5;

 

(9) mass in running order (without driver) of not more than 100 kg;

 

(10) no seating position of a  passenger

Amendment  110

Proposal for a regulation

Annex I – Category L6e– criterion (3) - introductory part

Text proposed by the Commission

Amendment

(3) the mass in running order ≤ 350 kg, not including:

(3) the mass in running order ≤ 400 kg, not including:

Amendment  111

Proposal for a regulation

Annex I – Category L6e– criterion (3 a) (new)

Text proposed by the Commission

Amendment

 

(3a) engine capacity ≤ 50 cm3 if a PI engine forms part of the vehicle's propulsion configuration.

Justification

This specification applies to all L6e subcategories. Therefore it is moved from L6Ae and L6Be to L6e.

Note: Requires renumbering of the criteria for L6Ae and L6Be.

Amendment  112

Proposal for a regulation

Annex I – Category L6e – Subcategory L6Ae– criterion (6)

Text proposed by the Commission

Amendment

(6) engine capacity ≤ 50 cm3 if a PI engine forms part of the vehicle's propulsion configuration.

deleted

Justification

This specification applies to all subcategories under L6e. Therefore it is moved to L6e.

Amendment  113

Proposal for a regulation

Annex I – Category L6e – Subcategory L6Be– criterion (6)

Text proposed by the Commission

Amendment

(6) engine capacity ≤ 50 cm3 if a PI engine forms part of the vehicle's propulsion configuration and

deleted

Justification

This specification applies to all subcategories under L6e. Therefore it is moved to L6e.

Amendment  114

Proposal for a regulation

Annex I – Category L7e – criterion (3) – points (a) and (b)

Text proposed by the Commission

Amendment

3) mass in running order:

3) mass in running order:

(a) ≤ 400 kg for transport of passengers;

(a) ≤ 450 kg for transport of passengers;

(b) ≤ 550 kg for transport of goods.

(b) ≤ 600 kg for transport of goods.

 

except for L7Be subcategory vehicles, which shall comply with the specific mass in running order of the L7Be subcategory

Amendment  115

Proposal for a regulation

Annex I – Category L7e – criterion (4)

Text proposed by the Commission

Amendment

(4) maximum continuous rated power(1) ≤ 15 kW.

deleted

Amendment  116

Proposal for a regulation

Annex I – Category L7e – Subcategory L7Ae – criteria (4) (new) and (5)

Text proposed by the Commission

Amendment

 

(4) maximum continuous rated power(1) 15 kW;

(5) category L7e vehicles not complying with the specific criteria for subcategory L7Be vehicles and

(5) category L7e vehicles not complying with the specific criteria for subcategory L7Be or L7Ce vehicles; and

Amendment  117

Proposal for a regulation

Annex I – Category L7e – Subcategory L7Be (new) – criteria (4) to (6) (new)

Text proposed by the Commission

Amendment

 

(4) maximum continuous rated power(1) 15 kW;

 

(5) category L7e vehicles not complying with the specific criteria for subcategory L7Ce vehicles; and

 

(6) equipped with one or two passenger seating position for the rider.

Amendment  118

Proposal for a regulation

Annex I – Categroy L7e - Subcategory L7Be-A1 (new) - criteria (7) to (12) (new)

Text proposed by the Commission

Amendment

 

L7Be-A1

 

All-terrain vehicle

 

(7) mass in running order: ≤ 450 kg;

 

(8) vehicles primarily intended for non- agricultural and non-forestry applications in difficult terrain conditions ('off-road') used for the transport of persons and/or for cargo;

 

(9) a maximum design speed ≤ 80 km/h (tamper-proof speed limit);

 

(10) equipped with a straddled seat for one or two passengers, including the seating position for the operator and a thumb throttle control mounted on the handle bar;

 

(11) towing capacity ≤ 0,5 x MRO, as declared by the manufacturer;

 

(12) load carrying structure with maximum ratio between load carrying structure area and vehicle surface area < 25 % or carrying capacity ≤ 100 kg.

Amendment  119

Proposal for a regulation

Annex I – Categroy L7e - Subcategory L7Be-A2 (new) - criteria (7) to (13) (new)

Text proposed by the Commission

Amendment

 

L7Be-A2

 

Side-by-side vehicle

 

(7) mass in running order: ≤ 650 kg;

 

(8) vehicles primarily intended for non- agricultural and non-forestry applications in difficult terrain conditions ('off-road') used for the transport of persons and/or for cargo;

 

(9) a maximum design speed ≤ 80 km/h (tamper-proof speed limit);

 

(10) equipped with one to four passenger seating positions, including the seating position for the operator and a thumb throttle control;

 

(11) towing capacity ≤ 0,5 x MRO, as declared by the manufacturer;

 

(12) load carrying structure with maximum capacity of 160 kg;

 

(13) obligatory maximum speed plate

Amendment  120

Proposal for a regulation

Annex I – Category L7 e – Subcategory L7Be – criterion (6)

Text proposed by the Commission

Amendment

(6) equipped with two, three or four passenger seating positions, including the seating position for the rider.

(6) equipped with one to four passenger seating positions, including the seating position for the driver and all seating positions being equipped with seat belts.

Justification

Heavy mini-cars should be equipped with at least one and no more than four seating position. All seating positions should be equipped with seating belts.

Amendment  121

Proposal for a regulation

Annex I – Category L7e – Subcategory L7Be-P– criterion (7)

Text proposed by the Commission

Amendment

(7) vehicles mainly designed and used for passenger transport, characterised by being equipped with less than or equal to four passenger seating positions, including the seating position for the driver and all seating positions being equipped with seat belts.

(7) vehicles mainly designed for passenger transport.

Justification

Removal of duplication; this specification is already indicated in subcategory L7Be, criteria (6).

Amendment  122

Proposal for a regulation

Annex II – III Vehicle construction requirements – point 8 – on-board diagnostics – column 6 – L1Be

Text proposed by the Commission

Amendment

X

deleted

Justification

OBD shall not be mandatory for the L1Be category (two wheel mopeds) for reasons of proportioned costs.

Amendment  123

Proposal for a regulation

Annex III – Column 3 – Row 2

Text proposed by the Commission

Amendment

20

50

Amendment  124

Proposal for a regulation

Annex III – column 1, 2 and 3 – row 11 a (new)

Text proposed by the Commission

Amendment

 

L7Be-A1

 

All terrain vehicle

 

20

Amendment  125

Proposal for a regulation

Annex III – column 1, 2 and 3 – row 11 b (new)

Text proposed by the Commission

Amendment

 

L7Be-A2

 

Side-by-side-vehicle

 

20

Amendment  126

Proposal for a regulation

Annex IV

 

Text proposed by the Commission

Vehicle category

Euro level

Enforcement dates

 

 

New types of vehicles Optional

New types of vehicles Obligatory

Existing types of vehicles

L1e L7e

Euro 3(4)

1 July 2013

1 January 2014

1 January 2015

 

Euro 4(5)

1 January 2015

1 January 2017

1 January 2018

 

Euro 5(6)

1 January 2018(7)

1 January 2020(7)

1 January 2021(7)

Amendment

L1Be

Euro 3(4)

 

1 January 2014

1 January 2015

 

Euro 4(5)

 

1 January 2017

1 January 2018

 

Euro 5(6)

 

1 January 2020(7)

1 January 2021(7)

 

 

 

 

 

L2e — L7e

Euro 3(4)

 

 

 

 

Euro 4(5)

 

1 January 2016

1 January 2017

 

Euro 5(6)

 

1 January 2020(7)

1 January 2021(7)

Amendment  127

Proposal for a regulation

Annex VI – Table (A) – (A1) Euro 3(4)

Text proposed by the Commission

Amendment

 

All rows deleted, except rows 1, 2 and 4 (headings, units and L1Be).

Justification

Modification of the timetable: for reasons of clarity and simplification the Euro 3 stage (complete table A1) is partially removed.

Amendment  128

Proposal for a regulation

Annex VI – Table (A) – (A2) Euro 4(5) – Columns 1 and 2 – Row 8 a (new)

Text proposed by the Commission

Amendment

 

L7Be-A1

 

All-terrain vehicle

Amendment  129

Proposal for a regulation

Annex VI – Table (A) – (A2) Euro 4(5) – Columns 1 and 2 – Row 8 b (new)

Text proposed by the Commission

Amendment

 

L7Be-A2

 

Side-by-side vehicle

Amendment  130

Proposal for a regulation

Annex VI – Table A – (A2) Euro 4 (5) – Column 5 (CO) – Rows 6 and 7 (L3e, L4e, L5Ae, L7Ae)

Text proposed by the Commission

Amendment

1140

1000

1140

1000

Amendment  131

Proposal for a regulation

Annex VI – Table (B) – (B1) Euro 4(5) OBD stage I – Columns 1 and 2 – Row 3

Text proposed by the Commission

Amendment

L1Be -Two-wheel moped

L2e - Three-wheel moped

L6Ae - On-road light quad

L2e - Three-wheel moped

L6Ae - On-road light quad

Justification

OBD shall not be mandatory for two wheel mopeds for reasons of costs.

Amendment  132

Proposal for a regulation

Annex VI – Table (B) – (B2) Euro 5(6) OBD stage I and OBD stage II – Columns 1 and 2 – Row 3

Text proposed by the Commission

Amendment

L1Be — L7e (6) - All L category vehicles except category L1Ae

L2e — L7e (6) - All L category vehicles except category L1e

Justification

OBD shall not be mandatory two wheel mopeds for reasons of costs.

Amendment  133

Proposal for a regulation

Annex VI – Tables (A), (B) and (C) Column 3 (Propulsion class) - occurences of "PI" alone

Text proposed by the Commission

Amendment

PI

PI / Hybrid

Justification

In the current proposal the emission limits for hybrid vehicles are linked only to diesel engines (CI/Hybrid). However the limits for hybrid vehicles should logically be related to the fossil fuel causing the emission: petrol (PI) or diesel (CI).

Amendment  134

Proposal for a regulation

Annex VI – Table (C) – (C1) Euro 4(5) – Columns 1 to 5 – Row 5 a (new)

Text proposed by the Commission

Amendment

 

L7Be-A1

 

All-terrain vehicle

 

PI / Hybrid(18)

 

Euro 4

 

2000

 

SHED

Amendment  135

Proposal for a regulation

Annex VI – Table (C) – (C1) Euro 4(5) – Columns 1 to 5 – Row 5 b (new)

Text proposed by the Commission

Amendment

 

L7Be-A2

 

Side-by-side vehicle

 

PI / Hybrid(18)

 

Euro 4

 

2000

 

SHED

Amendment  136

Proposal for a regulation

Annex VI – Table (C) – (C2) Euro 5(6) – Columns 1, 2, 4 and 7 – Row 11 a (new)

Text proposed by the Commission

Amendment

 

L7Be-A1

 

All-terrain vehicle

 

Euro 5

 

1500

Amendment  137

Proposal for a regulation

Annex VI – Table (C) – (C2) Euro 5(6) – Columns 1, 2, 4 and 7 – row 11 b (new)

Text proposed by the Commission

Amendment

 

L7Be-A2

 

Side-by-side vehicle

 

Euro 5

 

1500

Amendment  138

Proposal for a regulation

Annex VI – Table (D) – Column 1, 2, 3and 5 – row 11 a (new)

Text proposed by the Commission

Amendment

 

L7Be-A1

 

All-terrain vehicle

 

80

 

80

Amendment  139

Proposal for a regulation

Annex VI – Table (D) – Column 1, 2, 3and 5 – row 11 a (new)

Text proposed by the Commission

Amendment

 

L7Be-A2

 

Side-by-side vehicle

 

80

 

80

Amendment  140

Proposal for a regulation

Annex VI – Table (D) – Columns 3 and 4 (Euro 3(4) sound level (dB(A)) - Euro 3(4) test procedure)

Text proposed by the Commission

Amendment

 

Two columns deleted, except rows 1 and 3 (headings and L1Be).

Justification

Modification of the timetable: the Euro 3 stage is removed (columns 3 and 4) for reasons of clarity and simplification.

Amendment  141

Proposal for a regulation

Annex VII – Table (A) – Row 2

 

Text proposed by the Commission

L1Ae

Powered cycle

5000

5500

6000

Amendment

L1Be

Two-wheel moped

10 000

11 000

12 000

Amendment  142

Proposal for a regulation

Annex VII – Table (A) – Column 1 and 2 – Row 3

Text proposed by the Commission

Amendment

L1Be

L2e

L6Ae

L2e

L6Ae

- Two-wheel moped

- Three-wheel moped

- Light on-road quad

- Three-wheel moped

- Light on-road quad

Amendment  143

Proposal for a regulation

Annex VII – Table (A) – Column 3 – Euro 3(4) durability mileage (km)

Text proposed by the Commission

Amendment

 

deleted, except for the L1Be category

Amendment  144

Proposal for a regulation

Annex VIII – column 2 – row 2

Text proposed by the Commission

Amendment

Four years after the date referred to in the second subparagraph of Article 82.

Two years after the date referred to in Article 82(2).

Amendment  145

Proposal for a regulation

Annex VIII – column 3– row 2

Text proposed by the Commission

Amendment

(a) new motorcycles of the L3e–A1 subcategory which are sold, registered and entering into service are to be equipped with either an anti-lock or a combined brake system or both types of advanced brake systems, at the choice of the vehicle manufacturer;

New types of motorcycles of the L3e–A1, L3e-A2 and L3e-A3 subcategory which are sold, registered and entering into service are to be equipped with an anti-lock brake system or an anti-lock brake and a supplemental combined brake system, at the choice of the vehicle manufacturer.

(b) new motorcycles of subcategories L3e–A2 and L3e–A3 which are sold, registered and entering into service to be equipped with an anti-lock brake system.

 

Amendment  146

Proposal for a regulation

Annex VIII – column 2 – row 2 a (new)

Text proposed by the Commission

Amendment

 

Three years after the date referred to in Article 82(2).

Amendment  147

Proposal for a regulation

Annex VIII – column 3 – row 2 a (new)

Text proposed by the Commission

Amendment

 

Existing types of motorcycles of L3e–A1, L3e-A2 and L3e–A3 subcategory which are sold, registered and entering into service are to be equipped with an anti-lock brake system or an anti-lock brake and a supplemental combined brake system, at the choice of the vehicle manufacturer.

(1)

      OJ C 84, 17.3.2011, p. 30.


EXPLANATORY STATEMENT

I.         Commission proposal

The Commission adopted on 4 October 2010 a proposal for a new regulation on the approval and market surveillance of two- or three-wheel vehicles and quadricycles. A wide range of vehicles fall under the 'L-category': mopeds, two- or three-wheel motorcycles, quads and mini-cars. The number of L-vehicles currently in circulation in the EU is estimated at over 30 million.

With the proposal the European Commission aims to simplify the current legal framework and to establish new administrative and technical requirements, for example on environmental and safety aspects and market surveillance. Type-approval requirements for new, L-category vehicles are currently set out in Framework Directive 2002/24/EC and 14 other Directives referring to it. These will be repealed and replaced by the proposal laying down the fundamental provisions and scope. Detailed technical requirements will be defined at a later stage in delegated acts.

II.       Working visits, working document and public hearing

Your rapporteur has spoken extensively with different stakeholders in order to gain a complete overview as regards the consequences of the proposed regulation. He conducted working visits to the RDW Test Centrum in Lelystad (NL) and TÜV Nord, Institut für Fahrzeugtechnik und Mobilität in Essen (D) to be informed about the new safety and environmental requirements in the proposal. Vehicle innovation and the economic aspects of the proposal were discussed during a working visit to manufacturers of L-vehicles in Italy, where he was joined by two shadow rapporteurs, Mr Harbour and Mr Manders. Finally, a working visit to manufacturers in Austria took place mid June 2011.

The amendments to the Commission proposal, as presented in this report, are in line with the political thoughts and remarks your rapporteur presented in his working document of 15 February 2011(1). This working document was debated during the Public Hearing on "Clear Internal Market Rules for Mopeds, Scooters and Motorcycles" organised in the European Parliament on 22 March 2011. Your rapporteur wishes to express his gratitude to all participants, including the shadow rapporteurs, in these useful and interesting debates.

III.      Report

General remarks

As underlined in his working document, your rapporteur strongly supports the main objectives of the proposed Regulation given that it improves the functioning of the Internal Market, while protecting essential public interests. This also means more effective European market surveillance.(2) Furthermore your rapporteur believes that the proposed requirements for L-category vehicles can facilitate the transition to more efficient, safe and clean urban mobility.(3)

Scope of the proposed regulation

Your rapporteur applauds the increased clarity resulting from the refined vehicle categorisation by introducing more appropriate subcategories. However some remaining inconsistencies should be removed. Therefore, your rapporteur proposes new sub-categories for L-vehicles that are intended for both off road and on road use, having those also properly categorised. This concerns the special use motorcycles (Enduro (S1) and Trial (S2)), all-terrain vehicles (ATV) and side-by-side vehicles (SbS). Furthermore, L-vehicles with new hybrid technology will have the possibility to be type-approved.

Simple and clear time table for application

The Commission proposal results in an ambitious but rather complex set of dates and deadlines (2013 until 2021). In the interest of clarity, rationality and simplification, your rapporteur proposes a more transparent timetable, with clear and decisive steps as regards better market surveillance, more severe emission levels and mandatory safety requirements. This provides the industry and national administrations time to properly adapt to the new requirements and responsibilities.

Environmental requirements

As L-category vehicles are responsible for only 3 % of total road transport mileage, their pollutant emissions are considered disproportionately high. Your rapporteur supports the introduction of more severe emission limits. He calls on manufacturers to set out compliance as soon as possible, turning this into a competitive advantage. Several L-vehicles currently on offer already comply with the higher emission standards. For this reason the so-called "optional" application dates have been deleted. Your rapporteur supports in this respect the proposed durability requirements.

On-board diagnostic (OBD) systems can make information on engine and vehicle management (i.e. emissions) easily available so that the vehicle can be repaired effectively and efficiently.

Safety measures

L-category drivers face a much higher risk of fatal or serious accidents than drivers of other vehicles. L-category vehicles accounted for 2 % of the distance travelled but 16 % of road deaths in the EU-25.(4) While your rapporteur fully acknowledges the importance of human behaviour when it comes to safe driving as well as the impact of the driving conditions, he is determined to properly address the safety issue related to the technical features of the vehicle. He therefore supports the mandatory introduction of anti-lock brake systems (ABS) on all new motorcycles, with the exception of the Enduro and Trial motorcycles. Your rapporteur also welcomes the proposal on the automatic headlight on (AHO) in order to improve the visibility of L-vehicles.

Small series and individual vehicle approval

Your rapporteur supports the great variety of L-vehicles and small and medium sized enterprises (SMEs) in the sector. Therefore he proposes to adapt the numbers for small series to allow for this diversity (Annex III). The individuality of their product is important for many users of L-vehicles. For this reason, your rapporteur supports the Commission proposal on individual approval (Article 42).

Access to repair and maintenance information (RMI)

Your rapporteur is strongly in favour of any measure ensuring a level playing field as regards the access to repair and maintenance information (RMI). He proposes to further clarify the definition of “independent operator” or “repairer” in order to ensure that the individual vehicle user and repairers will have sufficient access to RMI at reasonable costs.

(1)

857524EN

(2)

See COM(2010)608: Towards a Single Market Act, proposal no.39; also see COM(2010) 614 on Integrated Industrial Policy

(3)

Also in line with the European Strategy on air pollution, COM(2005) 446, and the European road safety action plan, COM(2010) 389

(4)

ETSC, 2007


OPINION of the Committee on Transport and Tourism (27.5.2011)

for the Committee on the Internal Market and Consumer Protection

on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of two- or three-wheel vehicles and quadricycles

(COM(2010)0542) – C7-0317/2010 – 2010/0271(COD))

Rapporteur: Roberts Zīle

SHORT JUSTIFICATION

1. Introduction

Type-approval requirements for new, L-category vehicles are currently set out in Framework Directive 2002/24/EC and 14 other Directives referring to it. A wide range of vehicles fall under the 'L-category': electrical bicycles, mopeds, two- or three-wheel motorcycles, quads and mini-cars. The Commission aims to modernize the current legal framework in order to achieve the following main objectives:

· Simplification of the legal framework. Directive 2002/24/EC and the 14 related directives would be repealed and replaced by the proposed Regulation laying down the fundamental provisions and scope. All detailed technical requirements would be defined at a later stage in delegated acts. Furthermore, the Commission wants to move towards international harmonisation.

· Emission reduction: The Commission proposes a three step approach introducing each time more severe emission limits for L-category vehicles.

· Improving road safety. Three key functional safety requirements are proposed in order to tackle the bad road safety performance of L-category vehicles: mandatory anti-lock braking systems for medium and high performance motorcycles, powertrain tampering prevention and the automatic headlamp-on feature.

· Taking better account of new technologies by addressing the lack of a legal framework covering, for example, electric or hybrid propelled vehicles.

· Improving market surveillance in order to avoid the entry of vehicles, systems, components which do not comply with the type-approval requirements into the EU market.

2. Transport dimension of the proposal:

2.1 Road safety:

Currently approximately 6,000 riders of PTWs ('powered two-wheelers') die every year on EU roads. The PTW riders represent around 16% of the total number of road deaths in the EU but account for only 2% of the total kilometres driven. Riders' risk of being killed in an accident is, on average, 18 times that of car drivers. While the number of road deaths has declined considerably in the past decade, this was not the case for PTW riders.

2.1.1 Anti-lock breaking systems:

The Commission proposes the mandatory fitting of anti-lock breaking systems for certain categories of motorcycles. The positive safety impacts of anti-lock braking systems (ABS) for PTWs are well documented in several studies. It is estimated that between 20 and 35% of all accidents could be prevented and that the severity of impacts of many other accidents could be significantly reduced through the use of an ABS. The Rapporteur fully supports this approach. But the mandatory fitting should be extended to the sub-category L3e–A1 (low-performance motorcycles). For this category, the Commission proposal leaves it up to the manufacturers to equip them with either an anti-lock or a less performing combined brake system. Anti-lock breaking systems for low performance motorcycles seem even more necessary as many young drivers start with motorcycles of this category.

2.1.2 Automatic headlights on (AHO)

The Commission proposes that all L-category vehicles shall be equipped with an AHO feature by 2013 at the latest, in order to improve their visibility to other traffic participants. The Rapporteur fully supports the Commission’s proposal. This measure becomes even more important as, from this year, all new passenger cars must be equipped with daytime running lights, thereby reducing PTW's relative conspicuity.

2.1.3 Off-road vehicles

In Article 2.2 'vehicles primarily intended for off-road use' are excluded from the Regulation's scope. This seems counterproductive for road safety. Many of these off-road vehicles (e.g. enduro motorcycles, trial bikes and all-terrain vehicles (ATVs)) can be - and frequently are - used on public roads as well. They should therefore also fulfil the necessary functional safety requirements for on-road use. The Rapporteur proposes creating additional vehicle sub-categories for enduro motorcycles and trial motorcycles as well as for ATVs.

2.1.4 Crash test performance standards

L-category vehicles are not yet subject to crash test requirements before being sold in the EU. In particular, quads and minicars often appear safer than they actually are. The risk of a fatal injury is much higher in these vehicles than in a passenger car. The Commission should therefore carefully study the possibility of introducing such standards as well as take account of new technologies in the future.

2.2 Emissions

Although L-category vehicles are responsible for only 3 % of total road mileage, their toxic emissions are disproportionately high. Without further measures, the reductions in emissions from other road transport categories, will automatically lead to L-category emissions' share of total emissions increasing.

The Commission proposes tighter emission requirements for the type approval of new types of L-vehicles:

§ Euro 3 (Euro 4 for L3e motorcycles): 2014;

§ Euro 4 (Euro 5 for L3e motorcycles): 2017;

§ Euro 5 (Euro 6 for L3e motorcycles): 2020.

In principle, the Rapporteur agrees with the proposed emission thresholds and schedule. However, the Euro 4 level for mopeds should be introduced 3 years earlier as mopeds are the most polluting sub-category in terms of emissions.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

3. This Regulation aims to lay down harmonised rules for the approval of L-category vehicles, with a view to ensuring the functioning of the internal market. L-category vehicles are two-, three- or four-wheel vehicles such as powered two-wheel vehicles, tricycles, on-road quads and mini-cars. In addition, the objectives are to simplify the current legal framework, to contribute to a lower, more proportionate share in overall road transport emissions, to increase the overall level of safety, to adapt to technical progress and to strengthen the rules on market surveillance.

3. This Regulation aims to lay down harmonised rules for the approval of L-category vehicles, with a view to ensuring the functioning of the internal market. L-category vehicles are two-, three- or four-wheel vehicles such as powered two-wheel vehicles, tricycles, on-road quads, all-terrain vehicles (ATVs) and mini-cars. In addition, the objectives are to simplify the current legal framework, to contribute to a lower, more proportionate share in overall road transport emissions, to increase the overall level of safety, to adapt to technical progress and to strengthen the rules on market surveillance.

Justification

ATVs should also be covered by this regulation in order to avoid misuse of the difference between on-road and off-road vehicles. Many of these ATVs can be used - and are frequently used - on public roads as well. They should therefore also fulfil the minimum functional safety requirements for on-road use.

Amendment  2

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) Riders of L-category vehicles belong to a vulnerable road user group with the highest fatality and injury rates among all road users. This Regulation should therefore be aligned with the European Road Safety Policy 2011-2020 and should introduce effective primary safety measures to provide the riders with vehicles equipped with the safest reasonably affordable technologies. Along with requirements for safe cornering and lighting and anti-tampering measures, this Regulation introduces mandatory Anti-lock Breaking Systems (ABS) for new motorcycles of certain categories. The efficiency of the chosen safety measures, which should be complemented by better training and education for riders of L-category vehicles and adapted road infrastructure, is well tested and proven by research and studies.

Amendment  3

Proposal for a regulation

Recital 9 b (new)

Text proposed by the Commission

Amendment

 

(9b) In many Member States it is compulsory for moped and motorbike riders to use dipped headlights during the daytime. In order to improve safety for moped and motorbike riders, it should be made compulsory for vehicles to be equipped with automatic headlight illumination. Given that this obligation has also been extended to four-wheel vehicles, there is a clear risk that riders of two-wheel vehicles could lose the visibility advantage that they previously enjoyed. The Commission should therefore propose, in its report on the application of this Regulation, new measures and additional lighting safety devices that will make it possible to restore the lost visibility advantage.

Amendment  4

Proposal for a regulation

Recital 9 c (new)

Text proposed by the Commission

Amendment

 

(9c) In order to facilitate mandatory fitting of ABS for low-performance motorcycles of subcategory L3e–A1, Member States should have an option to provide transitional financial or fiscal incentives for producers or customers.

Amendment  5

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

17. The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of functional safety and environmental performance, testing, access to repair and maintenance information and appointment of technical services and their specific authorised tasks, in order to supplement or amend certain non-essential elements of legislative acts through provisions of general application. Such empowerment should not allow for amendment of the enforcement dates set out in Annex IV or emission limit values set out in Annex VI. Amendments to those dates or values should be established by the ordinary legislative procedure set out in Article 114 TFEU.

17. The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of functional safety and environmental performance, testing, access to repair and maintenance information and appointment of technical services and their specific authorised tasks, in order to supplement or amend certain non-essential elements of legislative acts through provisions of general application. Such empowerment should not allow for amendment of the enforcement dates set out in Annex IV or emission limit values set out in Annex VI or the enhanced functional safety requirements set out in Annex VIII. Amendments to those dates, general requirements or values should be established by the ordinary legislative procedure set out in Article 114 TFEU.

Justification

As the enhanced functional safety requirements are key elements to ensure safe use of vehicles covered by this regulation, it should be made clear that Annex VIII can only be modified by the ordinary legislative procedure.

Amendment  6

Proposal for a regulation

Article 2 – paragraph 2 – point g

Text proposed by the Commission

Amendment

(g) vehicles primarily intended for off-road use and designed to travel on unpaved surfaces;

(g) vehicles primarily intended for off-road use and designed to travel on unpaved surfaces with the exception of vehicles for special use as defined in Article 4 and Annex I;

Justification

In Article 2.2 'vehicles primarily intended for off-road use' are excluded from the Regulation's scope. This seems counterproductive for road safety. Many of these off-road vehicles (e.g. enduro motorcycles, trial bikes and certain quadricycles (all-terrain vehicles -ATVs)) can be - and frequently are - used on public roads as well. They should therefore also fulfil minimum functional safety requirements for on-road use. The creation of additional vehicle sub-categories for enduro motorcycles and trial motorcycles as well as for ATVs is therefore proposed.

Amendment  7

Proposal for a regulation

Article 3 – paragraph 53 a (new)

Text proposed by the Commission

Amendment

 

53a. 'Trial motorcycle' means a powered two-wheeler with the characteristics described in Annex I.

Justification

Necessary adaptation to create the new subcategories for off-road vehicles in order that they are covered by this Regulation for safety reasons.

Amendment  8

Proposal for a regulation

Article 3 – paragraph 53 b (new)

Text proposed by the Commission

Amendment

 

53b. 'Enduro motorcycle' means a powered two-wheeler with the characteristics described in Annex I.

Justification

Necessary adaptation for creating the new subcategories for off-road vehicles so that they come within the scope of this Regulation for safety reasons.

Amendment  9

Proposal for a regulation

Article 3 – paragraph 57 a (new)

Text proposed by the Commission

Amendment

 

57a. 'All-terrain vehicle' means a vehicle with the characteristics described in Annex I and abbreviated as 'ATV'.

Justification

Necessary adaptation to create the new subcategory for ATVs in order that they are covered by this Regulation for safety reasons.

Amendment  10

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. L-category vehicles comprise powered two-, three- and four-wheel vehicles as categorised in the following paragraphs and Annex I, including powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars, light and heavy on-road quads, and light and heavy mini-cars.

1. L-category vehicles comprise powered two-, three- and four-wheel vehicles as categorised in the following paragraphs and Annex I, including powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars, light and heavy on-road quads, ATVs and light and heavy mini-cars.

Justification

ATVs should also be covered by this regulation in order to avoid misuse of the difference between on-road and off-road vehicles. Many of these ATVs vehicles can be used - and are frequently used - on public roads as well. They should therefore also fulfil the minimum functional safety requirements for on-road use.

Amendment  11

Proposal for a regulation

Article 4 – paragraph 2 – point c – indent ii a (new)

Text proposed by the Commission

Amendment

 

(iia) special use:

 

- enduro motorcycles;

 

- trial motorcycles.

Justification

Necessary adaptation for creating the new subcategories for off-road vehicles so that they come within the scope of this Regulation for safety reasons.

Amendment  12

Proposal for a regulation

Article 4 – paragraph 2 – point g – indent ii a (new)

Text proposed by the Commission

Amendment

 

(iia) Subcategory L7Ce vehicle (ATV)

Justification

Necessary adaptation to create the new subcategories for off-road vehicles in order that they are covered by this Regulation for safety reasons.

Amendment  13

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Where importers consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, in particular does not correspond to its type-approval, they shall not sell or register the vehicle, system, component or separate technical unit until it has been brought into conformity. Furthermore, where they consider or have reason to believe that the vehicle, system, component or separate technical unit presents a risk, they shall inform the manufacturer, the market surveillance and approval authorities to that effect.

3. Where importers consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, in particular does not correspond to its type-approval, they shall contact the competent authorities and shall not sell or register the vehicle, system, component or separate technical unit until they have received confirmation from the competent authorities that it is in conformity with this Regulation. Furthermore, where they consider or have reason to believe that the vehicle, system, component or separate technical unit presents a risk, they shall inform the manufacturer, the market surveillance and approval authorities to that effect.

Amendment  14

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Where distributors consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, they shall not sell or register the vehicle, system, component or separate technical unit and shall prevent its entry into service until it has been brought into conformity.

1. Where distributors consider or have reason to believe that a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, they shall contact the competent authorities and shall not sell or register the vehicle, system, component or separate technical unit until they have received confirmation from the competent authorities that it is in conformity with this Regulation and shall prevent its entry into service until it has been brought into conformity.

Amendment  15

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1. Four years after the date referred to in the second subparagraph of Article 82, all new vehicles in subcategories L1Be, L3e, L5e, L6Ae and L7Ae shall be equipped with the first stage of an on-board diagnostic (OBD) system which monitors and reports on electric circuit continuity, shorted and open electric circuits and circuit rationality of the engine and vehicle management systems (OBD I).

1. Four years after the date referred to in the second subparagraph of Article 82, all new vehicles in subcategories L1Be, L3e, L5e, L6Ae, L7Ae and L7Ce shall be equipped with the first stage of an on-board diagnostic (OBD) system which monitors and reports on electric circuit continuity, shorted and open electric circuits and circuit rationality of the engine and vehicle management systems (OBD I).

Justification

Necessary adaptation for creating the new subcategory for ATVs so that they come within the scope of this Regulation for safety reasons.

Amendment  16

Proposal for a regulation

Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4. Following confirmation in a decision adopted by the Commission in accordance with Article 21(4), eight years after the date referred to in the second subparagraph of Article 82, all new vehicles in (sub-) categories L1Be, L3e, L5e, L6Ae and L7Ae shall in addition also be equipped with the second stage of an on-board diagnostic system (OBD II) which, in addition to OBD I, monitors not only complete failures but also deterioration of systems, components or separate technical units during vehicle life under the condition that its cost-effectiveness is proven in the environmental effect study referred to in article 21(4) and (5).

4. Following confirmation in a decision adopted by the Commission in accordance with Article 21(4), eight years after the date referred to in the second subparagraph of Article 82, all new vehicles in (sub-) categories L1Be, L3e, L5e, L6Ae, L7Ae and L7Ce shall in addition also be equipped with the second stage of an on-board diagnostic system (OBD II) which, in addition to OBD I, monitors not only complete failures but also deterioration of systems, components or separate technical units during vehicle life under the condition that its cost-effectiveness is proven in the environmental effect study referred to in article 21(4) and (5).

Justification

Necessary adaptation to create the new subcategory for ATVs in order that they are covered by this Regulation for safety reasons.

Amendment  17

Proposal for a regulation

Article 80 – paragraph 2

Text proposed by the Commission

Amendment

(2) On the basis of the information supplied under paragraph 1, the Commission shall report to the European Parliament and the Council on the application of this Regulation no later than 1 January 2019.

(2. On the basis of the information supplied under paragraph 1, the Commission shall report to the European Parliament and the Council on the application of this Regulation no later than 1 January 2017. This report shall take account of new technologies developed to improve road safety, such as crash performance standards and additional functional safety requirements such as the e-call system, Intelligent Speed Adaption (ISA), curve speed warning systems, automatic tyre pressure detectors or new lighting systems differentiating such vehicles from other road users. The Commission shall propose the necessary amendments to this Regulation in the light of this report.

Amendment  18

Proposal for a regulation

Annex I – vehicle categories and vehicle types – Subcategory L1Be – criteria (3)

Text proposed by the Commission

Amendment

(3) maximum design speed 25 km/h and

(3) maximum design speed 45 km/h and

Justification

The category should be brought in line with the definitions of the EU-Driving licence.

Amendment  19

Proposal for a regulation

Annex I – Category L3e – Subcategory L3e –special use (new) – below Subcategory L3e-A3

 

Amendment

L3e – Special use

Trial motorcycle

(8) maximum seat height: 700 mm;

(9) minimum ground clearance: 280 mm;

(10) maximum fuel tank capacity: 4 l;

(11) minimum overall gear ratio in the highest gear (primary ratio * gear ratio * final drive ratio) of 7,5;

(12) mass in running order (without driver) of not more than 100 kg and

(13) no seating position for a passenger.

Enduro motorcycle

(8) minimum seat height of 900 mm;

(9) minimum ground clearance of 310 mm;

(10) minimum overall gear ratio in the highest gear (primary ratio * gear ratio * final drive ratio) of 6,0;

(11) mass in running order (without driver) of not more than 140 kg;

(12) no seating position for a passenger.

Justification

Many enduro motorcycles and trial bikes can be - and frequently are - used on public roads as well. They should therefore also fulfil minimum functional safety requirements for on-road use. The creation of an additional vehicle sub-category for enduro motorcycles and trial motorcycles is therefore proposed. With regard to the sub-classification criteria - as a starting point - some potential criteria are proposed which are currently under discussion and might be further improved in the course of this legislative procedure.

Amendment  20

Proposal for a regulation

Annex I – Category L7e – Subcategory L7Ce (new) – below subcategory L7Be-P

 

Amendment

L7Ce

All-terrain vehicle

(8) Maximum speed by design 60 km/h

(9) Straddled seat

(10) Thumb throttle control

(11) Coupling device rear: Towing weight> 4X own weight>274 kg as strength test, not be considered as permitted trailer weight.

(12) Mass in running order <400 kg

(13) Ground clearance >180 mm

(14) Wheelbase to ground clearance ratio <6

Justification

Although primarily designed for off-road use, many ATVs can be - and frequently are - used on public roads as well. They should therefore also fulfil minimum functional safety requirements for on-road use. The creation of an additional vehicle sub-category for ATVs is therefore proposed. In regards to the sub-classification criteria - as a starting point - some potential criteria are proposed which are currently under discussion and might be further improved in the course of this legislative procedure.

Amendment  21

Proposal for a regulation

Annex II – Vehicle categories – Row 2 – Sub column 10

Text proposed by the Commission

Amendment

L7Ae

L7Ae and L7Ce

Justification

ATVs (category L7Ce) are more or less similar to on-road quads (category L7Ae) and they should therefore respond to the same types of requirements of EU vehicle type approval. The details of these requirements would have to be tailored to each subcategory separately in a delegated act.

Amendment  22

Proposal for a regulation

Annex III - Row 12 a (new)

 

Amendment

L7Ce

All-terrain vehicle

20

Justification

Necessary adaptation for creating the new subcategories for ATVs so that they come within the scope of this Regulation for safety reasons.

Amendment  23

Proposal for a regulation

Annex VI – (A) Tailpipe emission limits after cold start – (A1) –Euro 3(4) – Vehicle category L1Be – Sum mass of total hydrocarbons and oxides of nitrogen – Row 4

Text proposed by the Commission

Amendment

1200

-

Justification

The Euro 4 level for mopeds should be introduced 3 years earlier (by 2014) as mopeds are the most problematic L-vehicle sub-category in terms of emissions.

Amendment  24

Proposal for a regulation

Annex VI – (A) Tailpipe emission limits after cold start – (A1) –Euro 3(4) – Vehicle category L1Be – Mass of total hydrocarbons (THC) – Row 4

Text proposed by the Commission

Amendment

-

630

Justification

The Euro 4 level for mopeds should be introduced 3 years earlier (by 2014) as mopeds are the most problematic L-vehicle sub-category in terms of emissions.

Amendment  25

Proposal for a regulation

Annex VI –(A) Tailpipe emission limits after cold start – (A1) –Euro 3(4) – Vehicle category L1Be – Mass of oxides of nitrogen (NOx) – Row 4

Text proposed by the Commission

Amendment

-

170

Justification

The Euro 4 level for mopeds should be introduced 3 years earlier (by 2014) as mopeds are the most problematic L-vehicle sub-category in terms of emissions.

Amendment  26

Proposal for a regulation

Annex VI – (A) Tailpipe emission limits after cold start – (A1) –Euro 3(4) –Column 1 and 2 – Row 7

L5Be

Commercial tricycle

Amendment

L5Be

L7Ce

Commercial tricycle

-All-terrain vehicle

Justification

Necessary adaptation for creating the new subcategory for ATVs in order that they are covered by this Regulation for safety reasons.

Amendment  27

Proposal for a regulation

Annex VI – (A) Tailpipe emission limits after cold start –(A2) Euro 4(5) – Column 1 and 2 – Row 7

L5Be

Commercial tricycle

Amendment

L5Be

L7Ce

Commercial tricycle

-All-terrain vehicle

Justification

Necessary adaptation for creating the new subcategory for ATVs in order that they are covered by this Regulation for safety reasons.

Amendment  28

Proposal for a regulation

Annex VI – (C) Evaporative emission limits – (C2) Euro 5(6) – Column 1 and 2 – Row 8

L5Be

Commercial tricycle

Amendment

L5Be

L7Ce

Commercial tricycle

-All-terrain vehicle

Justification

Necessary adaptation for creating the new subcategory for ATVs in order that they are covered by this Regulation for safety reasons.

Amendment  29

Proposal for a regulation

Annex VI –(D) Sound-level limits – Euro 3(4), Euro 4(5), Euro 5(6) – Column 1 and 2 and 3 and 5 – Row 12 a (new)

 

Amendment

L7Ce

All-terrain vehicle

80

80

Justification

Necessary adaptation for creating the new subcategory for ATVs in order to cover them by the scope of this Regulation for safety reasons.

Amendment  30

Proposal for a regulation

Annex VII – (A) Durability mileage of L-category vehicles– Column 1 –Row 4 – point 5 a (new) – Column 2 – Row 4 – point 5 a (new)

L7Ce

- All-terrain vehicle

Justification

Necessary adaptation for creating the new subcategory for ATVs in order to cover them by the scope of this Regulation for safety reasons.

Amendment  31

Proposal for a regulation

Annex VIII – Column 3 – Row 1 – point a

Text proposed by the Commission

Amendment

(a) new motorcycles(27) of the L3e–A1 subcategory which are sold, registered and entering into service are to be equipped with either an anti-lock(28) or a combined brake system(29) or both types of advanced brake systems, at the choice of the vehicle manufacturer;

deleted

Amendment  32

Proposal for a regulation

Annex VIII – Column 3 – Row 1 – point b

Text proposed by the Commission

Amendment

(b) new motorcycles of subcategories L3e–A2 and L3e–A3 which are sold, registered and entering into service to be equipped with an anti-lock brake system.

(b) new motorcycles(27) of subcategories L3e–A1, L3e–A2 and L3e–A3 which are sold, registered and entering into service to be equipped with an anti-lock(28) brake system on both wheels.

Justification

The mandatory fitting of anti-lock brake systems should be extended to the motorcycles of sub-category L3e–A1 as many young and inexperienced riders use this category of motorcycle. Anti-lock brakes are most effective if they are fitted on both wheels.

PROCEDURE

Title

Approval and market surveillance of two- or three-wheel vehicles and quadricycles

References

COM(2010)0542 – C7-0317/2010 – 2010/0271(COD)

Committee responsible

IMCO

Opinion by

       Date announced in plenary

TRAN

19.10.2010

 

 

 

Rapporteur

       Date appointed

Roberts Zīle

17.11.2010

 

 

Discussed in committee

15.3.2011

23.5.2011

 

 

Date adopted

24.5.2011

 

 

 

Result of final vote

+:

–:

0:

39

0

2

Members present for the final vote

Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Ryszard Czarnecki, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Ville Itälä, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Bogusław Liberadzki, Eva Lichtenberger, Marian-Jean Marinescu, Gesine Meissner, Hubert Pirker, Vilja Savisaar-Toomast, Olga Sehnalová, Debora Serracchiani, Brian Simpson, Dirk Sterckx, Keith Taylor, Silvia-Adriana Ţicău, Giommaria Uggias, Thomas Ulmer, Dominique Vlasto, Artur Zasada, Roberts Zīle

Substitute(s) present for the final vote

Philip Bradbourn, Guido Milana, Dominique Riquet, Alfreds Rubiks, Laurence J.A.J. Stassen

Substitute(s) under Rule 187(2) present for the final vote

Juozas Imbrasas


PROCEDURE

Title

Approval and market surveillance of two- or three-wheel vehicles and quadricycles

References

COM(2010)0542 – C7-0317/2010 – 2010/0271(COD)

Date submitted to Parliament

1.10.2010

 

 

 

Committee responsible

       Date announced in plenary

IMCO

19.10.2010

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

ENVI

19.10.2010

ITRE

19.10.2010

TRAN

19.10.2010

 

Not delivering opinions

       Date of decision

ENVI

28.10.2010

ITRE

25.10.2010

 

 

Rapporteur(s)

       Date appointed

Wim van de Camp

13.10.2010

 

 

 

Discussed in committee

30.11.2010

25.1.2011

28.2.2011

22.3.2011

 

24.5.2011

12.7.2011

30.8.2011

 

Date adopted

5.12.2011

 

 

 

Result of final vote

+:

–:

0:

28

0

3

Members present for the final vote

Pablo Arias Echeverría, Adam Bielan, Cristian Silviu Buşoi, Lara Comi, Anna Maria Corazza Bildt, Jürgen Creutzmann, Cornelis de Jong, Christian Engström, Sandra Kalniete, Edvard Kožušník, Kurt Lechner, Toine Manders, Phil Prendergast, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Andreas Schwab, Emilie Turunen, Bernadette Vergnaud, Barbara Weiler

Substitute(s) present for the final vote

Anna Hedh, Liem Hoang Ngoc, María Irigoyen Pérez, Othmar Karas, Constance Le Grip, Morten Løkkegaard, Emma McClarkin, Konstantinos Poupakis, Amalia Sartori, Wim van de Camp, Kerstin Westphal

Date tabled

4.1.2012

Last updated: 12 November 2012Legal notice