DGG3A
6 June 2016
DM/mm
MEETING DOCUMENT No. TA 19/16
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. 1 - 4 and 87 – 98 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. 1 para. 1
1. This Regulation establishes the administrative 1. This Regulation establishes the administrative
provisions and technical requirements for the
provisions and technical requirements for the
type-approval and placing on the market of all
type-approval and placing on the market of all
new vehicles, systems, components and separate new vehicles, systems, components and separate
technical units intended for such vehicles
technical units intended for such vehicles
referred to in Article 2(1). It also applies to
referred to in Article 2(1). It also applies to
individual vehicle approvals.
individual vehicle approvals.
This Regulation also establishes the
provisions for the placing on the market and
entry into service of parts and equipment that
may pose a serious risk to the correct
functioning of essential systems of vehicles
referred to in Article 2(1).
Justification: See Art. 55 and 56. A similar text was included in the Directive 2007/46/CE.
Art. 2 para. 3 (c)
(c) any self-propelled vehicle designed and
(c) any self-propelled vehicle designed and
constructed specifically to perform work and
constructed specifically to perform work and
that, because of its construction characteristics,
that, because of its construction characteristics,
is not suitable for carrying passengers or for
is not suitable for carrying passengers or for
transporting goods.
transporting goods.
Such approvals shall be without prejudice to
the application of Directive 2006/42/EC of the
European Parliament and of the Council of
17 May 2006 on machinery.
Justification: We consider that it is usefull to maintain this text existing in Directive 2007/46/CE.
Art. 3 pt. (16)
(16) ‘registration’ means the permanent or
(16) ‘registration’ means the permanent
[or
temporary administrative authorisation for the
temporary
] administrative authorisation for the
entry into service in road traffic of a vehicle,
entry into service in road traffic of a vehicle,
including the identification of the vehicle and
including the identification of the vehicle and
the issuing of a serial number;
the issuing of a serial number;
Justification: A discussion regarding the “temporary registration” is necessary. It is possible that in
some MS the procedure for the temporary registration for new vehicles to be more simple, without
the application of the complete EU type-approval legislation. If a such vehicle is transferred in
another MS it may be considered as a “already registered vehicle” and to be subject of the
legislation for used vehicle, even it is practically a new vehicle. That is a possibility to avoid the EU
type-approval legislation.
Art. 3 para. (22)
(22) ‘EU type-approval’ means the procedure
(22) ‘EU type-approval’ means the procedure
whereby an approval authority certifies that a
whereby an approval authority certifies that a
type of vehicle, system, component or separate
type of vehicle, system, component or separate
technical unit satisfies the relevant
technical unit satisfies the relevant
administrative provisions and technical
administrative provisions and technical
requirements of this Regulation and of the
requirements of this Regulation and
/ or of the
regulatory acts listed in Annex IV;
regulatory acts listed in Annex IV;
Justification: Editorial improvement (using and is applicable only for WVTA).
Art. 3 para. (37)
(37) ‘base vehicle’ means any vehicle that is
(37) ‘base vehicle’ means any vehicle that is
used at the initial stage of a multi-stage type-
used at the initial stage of a multi-stage type-
approval;
approval;
that vehicle may not meet all
specifications of a motor vehicle as defined in
point (10);
Justification: according to the manufacturers, the current definition is not consistent with motor
vehicles supplied without internal combustion engine, to be transformed into electric vehicles, for
example.
Art. 3 pts. (38) – (40) TO BE DELETED
Justification: those definitions are already included in definition (1).
Art. 3 para. 43
‘end-of-series vehicle’ means a vehicle that is
‘end-of-series vehicle’ means a vehicle that is
part of a stock and that, due to the entry into
part of a stock
or which is not yet completed
force of new technical requirements against
and that, due to the entry into force of new
which it has not been type-approved, cannot or
technical requirements against which it has not
can no longer be made available on the market,
been type-approved, cannot or can no longer be
registered or entered into service;
made available on the market, registered or
entered into service
[unless the procedure of
Article 47 are applied];
Justification: Editorial improvement.
Directive 2007/46/EC includes the definition of : ‘information document’ (37), ‘information folder’
(38), ‘information package’ (39), ‘index to the information package’ (40) – do the Commission
consider that they are not any more necessary ?
Chapter XVI – GENERAL SCRUTINY RESERVATION.
Art. 89 para. 4
4. Member States shall notify the provisions
4. Member States shall notify the provisions
implementing paragraphs 1 to 3 to the
implementing paragraphs 1 to 3 to the
Commission by dd/mm/yyyy [
PO: please insert
Commission by dd/mm/yyyy [
PO: please insert
the date 12 months after entry into force of this
the date 12 24 months after entry into force of
Regulation.] and shall notify the Commission
this Regulation.] and shall notify the
without delay of any subsequent amendment
Commission without delay of any subsequent
affecting those provisions.
amendment affecting those provisions.
Justification: The penalties shall be established by the national law. The existing national procedure
requires about 2 years.
Art. 90 - TO BE DELETED
Justification: The penalties should remain at the national level. We could accept only the
administrative actions of the Commissions as provided in the Regulation.
Art. 91 – 94 TO BE DELETED
Justification: We do not agree with the introduction in the Framework Regulation of provisions
regarding other normative acts.
We propose to adopt a separate Regulation for those 4 Regulations.
Art. 96 (4)
4. Technical services already designated before the entry into force of this Regulation shall be
subject to the assessment referred to in Article 77.
The designation of technical services already designated before the entry into force of this
Regulation shall be renewed within
[two
] years of the entry into force of this Regulation where
those technical services comply with the relevant requirements set out in this Regulation.
The validity of the designation of technical services made before the entry into force of this
Regulation shall terminate at the latest
[two
] years after the date of entry into force of this
Regulation.
Justification: That period should be established according the final version of the assessement and
designation procedure and having in view the MS and Commission administrative possibilities to
reassess all the existing TS.
Art. 98
This Regulation shall enter into force on the
This Regulation shall enter into force on the
twentieth day following that of its publication in
twentieth day following that of its publication in
the
Official Journal of the European Union.
the
Official Journal of the European Union.
It shall apply from 1 January 201X.
It shall apply from 1 January 201X.
However, from [...] [
PO: please insert the date
However, from [...] [
PO: please insert the date
12 months after entry into force of this
12 24 months after entry into force of this
Regulation.], national authorities shall not refuse
Regulation.], national authorities shall not refuse
to grant EU type-approval or national type-
to grant EU type-approval or national type-
approval for a new type of vehicle, or prohibit
approval for a new type of vehicle, or prohibit
registration, placing on the market or entry into
registration, placing on the market or entry into
service of a new vehicle where the vehicle
service of a new vehicle where the vehicle
concerned complies with this Regulation and the concerned complies with this Regulation and the
delegated and implementing acts adopted
delegated and implementing acts adopted
pursuant to this Regulation, if a manufacturer so
pursuant to this Regulation, if a manufacturer so
requests.
requests.
Justification: There are implementation aspects that shall be established by the national law. The
existing national procedure requires about 2 years.