DGG3A
6 June 2016
DM/mm
MEETING DOCUMENT No. TA 18/16
Motor Vehicles
Proposal for a Regulation of the European Parliament and of the Council
on the approval and market surveillance of motor vehicles and their trailers,
and of systems, components and separate technical units intended for such vehicles
Working Party on Technical Harmonisation - Motor Vehicles
8 June 2016
Delegations will find attached comments from the Romanian delegation.
_________________
RO comments to Art. 60 - 86 of
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the
approval and market surveillance of motor vehicles and their trailers, and of systems, components
and separate technical units intended for such vehicles
(doc. 5712/16)
Art. 60 para. 2
2. The approval authorities of the Member States 2. The approval authorities of the Member States
shall accept approvals granted in accordance
shall accept approvals granted in accordance
with the UNECE regulations referred to in
with the UNECE regulations referred to in
paragraph 1 and, where applicable, the relevant
paragraph 1 and, where applicable, the relevant
approval marks, in place of the corresponding
approval marks, in place of the corresponding
approvals and approval marks granted in
approvals and approval marks granted in
accordance with this Regulation and the
accordance with this Regulation and the
regulatory acts adopted pursuant to this
regulatory acts adopted pursuant to this
Regulation.
Regulation.
Justification: Art. 60 refers to the UNECE Regulations that are included in the EU type-approval
legislation (Annex IV). Consequently, the acceptance of the UNECE approvals is mandatory. Para.
2 is useless.
Art. 63 and 64
... vehicle, system, component or separate
... vehicle, system, component
, or separate
technical unit…
technical unit
, parts or equipments …
Justification: The information for users is necessary also for parts and equipments; besides, in Art.
64 (1) there is a direct reference to Art. 55.
Art. 63 (3)
3. The information referred to in paragraph 2
3. The information referred to in paragraph 2
shall be supplied in the official language or
shall be supplied in the official language or
languages of the Member State where the
languages of the Member State where the
vehicle, system, component or separate technical vehicle, system, component or separate technical
unit is to be placed on the market, registered or
unit is to be placed on the market, registered or
is to be entered into service. It shall be provided
is to be entered into service. It shall be provided
in the owner’s manual after acceptance by the
in the owner’s manual after acceptance by the
approval authority.
approval authority.
Justification: It is not necessary and possible.
Art. 71 para. 4
4. The type-approval authority shall not perform
4. The type-approval authority shall not perform
any activities that technical services perform and any activities that technical services perform and
shall not provide consultancy services on a
shall not provide consultancy services on a
commercial or competitive basis.
commercial or competitive basis.
Justification: Contradiction with art. 72 (2). RO considers that it is important to maintain the
possibility of TAA to be designated also as TS.
Chapter XIV and XV – GENERAL SCRUTINY RESERVATION.
Art.71 para. 8-10 TO BE DELETED
Justification: It is no justification for that complicated procedure. There is not any proof of the
wrong or fraudulent activity of the TAA’s or TS’s. The procedure introduces an unjustified
suspicion between the TAA’s. On the other hand, the TAA’s activities are subject to the free
competition. We consider that the direct intervention of a TAA in the other TAA’s designation is
not acceptable. It is also a procedure very hard to put into practice - no impact study about the costs
for MS and Commission available. Having in view that the majority of the applicable regulatory
acts are UNECE Regulation, it is a procedure applicable for only a limited number of normative
acts (about 10 %).
Art. 72 para. 3
3. A technical service shall be established under
3. A technical service shall be established under
the national law of a Member State and have
the national law of a Member State and have
legal personality, except for an accredited in-
legal personality, except for
a technical service
house technical service of a manufacturer, as
belonging to a type approval authority and
referred to in Article 76.
for an accredited in-house technical service of a
manufacturer, as referred to in Article 76.
Justification: The technical services belonging to a type approval authority can not have the own
legal personality.
Art. 72 para. 4
4. A technical service shall take out liability
4. A technical service shall take out liability
insurance for its activities unless that liability is
insurance for its activities unless that liability is
assumed by the Member State in accordance
assumed by the Member State in accordance
with national law, or the Member State itself is
with national law, or the Member State itself is
directly responsible for the conformity
directly responsible for the conformity
assessment.
assessment.
Justification:. We consider that the liability is a national problem.
Art. 77 para. 1-10 TO BE DELETED
Justification: As in art. 71 it is proposed a very complicated and costly procedure without a real
justification. It is not take into consideration the fact that the TS are designated for each normative
act. So it is possible that a TS needs to be designated several times. It is not clear the application for
the TS’s designated by several MS. It is also a procedure very hard to put into practice - no impact
study about the costs for MS and Commission available. Having in view that the majority of the
applicable regulatory acts are UNECE Regulation, it is a procedure applicable for only a limited
number of normative acts (about 10 %).
Art. 77 para. 12
12. The approval authority that intends to be
12. The approval authority that intends to be
designated as a technical service in accordance
designated as a technical service in accordance
with Article 72(2) shall document compliance
with Article 72(2) shall document compliance
with the requirements of this Regulation through with the requirements of this Regulation through
an assessment conducted by independent
an assessment conducted by independent
auditors. Those auditors shall not belong to the
auditors. Those auditors shall not belong to the
same approval authority and shall comply with
same approval authority
be independent in
the requirements laid down in Appendix 2 of
relation to the technical service and shall
Annex V.
comply with the requirements laid down in
Appendix 2 of Annex V.
Justification: Clarification of the text. The auditor could be part of the approval authority but
independent in relation to the technical service. Otherwise, it would be an implicite obligation for
accreditation of these TS’s.
Art. 78 para. 2
2. Within 28 days of a notification, a Member
2. Within 28 days of a notification, a Member
State or the Commission may raise written
State or the Commission may raise written
objections, setting out its arguments, with regard objections, setting out its arguments, with regard
either to the technical service or to its
either to the technical service or to its
monitoring by the type-approval authority.
monitoring by the type-approval authority.
When a Member State or the Commission raises
When a Member State or the Commission raises
objections, the effect of the notification shall be
objections, the effect of the notification shall be
suspended. In this case, the Commission shall
suspended. In this case, the Commission shall
consult the parties involved and shall decide by
consult the parties involved and shall decide by
means of an implementing act whether the
means of an implementing act whether the
a
suspension of the notification can be lifted or
suspension of the notification can be
applied
not. That implementing act shall be adopted in
lifted or not. That implementing act shall be
accordance with the examination procedure
adopted in accordance with the examination
referred to in Article 87(2).
procedure referred to in Article 87(2).
Where no objection is raised or where the
That suspension will be maintain until the
Commission is of the opinion that the
elimination of the causes that determined it.
notification may be accepted fully or partially,
Where no objection is raised or where the
the Commission shall publish the notification in
Commission is of the opinion that the
accordance with paragraph 5.
notification may be accepted fully or partially,
the Commission shall publish the notification in
accordance with paragraph 5.
Justification: It is an abusive procedure that could block the activity of a TS for a long period of
time, which may lead even to its dissolution. There is not provided any responsibility for the MS or
Commission in the case of rising a wrong objection. The activity should be continued until a
justified decision will be taken.
Art. 79 para. 2
2. In the event of a restriction, suspension or
withdrawal of the designation, or where the
technical service has ceased its activity, the
designating approval authority shall transfer the
files of that technical service to another technical
service for further processing or keep them
available for the approval authorities or for the
market surveillance authorities.
Justification: The text is not clear. What are the files that could be transferred? Some of them
belongs to the TS. What abouy the confidentiality? How to keep files available for a TS which has
ceased its activity?
Art. 79 para. 3 and 4 – it is necessary to reassess those provisions. It is very difficult to assess the
effect of non-compliance for the approvals already granted. That could also pose seriously legal
problems. The manufacturers could be seriously affected even that is not their fault. A TAA could
not assume the function of a TS if is not assessed and designated according to the procedures.
Art. 80 para. 3b
3. At least every 30 months, the type-approval
3. At least every 30 months, the type-approval
authority shall assess whether each technical
authority shall assess whether each technical
service under its responsibility continues to
service under its responsibility continues to
satisfy the requirements set out in
satisfy the requirements set out in
Articles 72 to 76, in Articles 84 and 85 and in
Articles 72 to 76, in Articles 84 and 85 and in
Appendix 2 to Annex V. This assessment shall
Appendix 2 to Annex V. This assessment shall
include an on-site visit to each technical service
include an on-site visit to each technical service
under its responsibility.
under its responsibility.
Within two months after finalising this
Within two months after finalising this
assessment of the technical service, the Member
assessment of the technical service,
On request,
States shall report to the Commission and to the
the Member States shall report to the
other Member States on those monitoring
Commission and to the other Member States on
activities. The reports shall contain a summary
those monitoring activities. The reports shall
of the assessment which shall be made publicly
contain a summary of the assessment which
available.
shall be made publicly available.
Justification: Unjustified administrative burdens.
Art. 86 - TO BE DELETED.
We do not agree with a fee system. The relation between TAA’s and TS’s is a contractual relation.