124 th MEETING OF THE WORKING GROUP ON "MOTOR VEHICLES" 20 October 2014 Agenda item 4:

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1 124 th MEETING OF THE WORKING GROUP ON "MOTOR VEHICLES" 20 October 2014 Agenda item 4: Information from Commission services on the state of play for the Revision of Directive 2007/46/EC Enterprise and Industry

2 Follow-up of the MVWG of 2 July 2014: After presentation of the discussion paper on the revision of Directive 2007/46/EC at the MVWG meeting of 2 July, the Commission services received feedback from and/or had further exchange of views with: Austria, France, Germany, Netherlands, Spain ACEA, CLEPA, EAIVT, ESCA, ETRMA, FIGIEFA 2

3 Follow-up of the MVWG of 2 July 2014: 2. Market surveillance provisions: traceability of products (cf. article 8.9 of Regulation 168/2013) responsibilities of economic operators (cf. articles 9 to 17 of Regulation 168/2013); co-operation between market surveillance and type-approval authorities (cf. articles 6, 7 and 46 of Regulation 168/2013) enhanced criteria for technical services (cf. articles 61 to 71 of Regulation 168/2013) enhanced criteria for conformity of production arrangements (cf. article 33 of Regulation 168/2013) 3

4 Follow-up of the MVWG of 2 July 2014: 2. Market surveillance provisions: feedback received: responsibilities of economic operators limit administrative burden for economic operators (reporting obligations) recognise responsibility of manufacturer/importer for TA related issues co-operation between market surveillance and type-approval authorities ensure proper balance between type-approval and CoP (ex-ante controls) and market surveillance (ex-post controls) recognise the primary role of the type-approval authority enhanced criteria for conformity of production arrangements Surveillance of CoP in case of change of Approval Authority after withdrawal (proposal by NL) 4

5 3. Improve implementation of type-approval procedures: Article 8 (conduct of EU type approval procedures): clarify that for a single type of vehicle, system, component and separate technical unit only one EU type approval may be issued. cf. article 26 of Regulation 168/2013 5

6 3. Improve implementation of type-approval procedures: Article 8 (conduct of EU type approval procedures): clarify that for a single type of vehicle, system, component and separate technical unit only one EU type approval may be issued. the same type cannot be covered by different approvals at the same time. Compare with Article 29.2 of Regulation 168/2013: 6

7 7

8 3. Improve implementation of type-approval procedures: Article 8 (conduct of EU type approval procedures): the information exchanged between type-approval authorities of Member States in relation to EU typeapprovals granted, amended, refused and withdrawn to be made available to the Commission upon request cf. Art of Regulation 168/2013: 8

9 3. Improve implementation of type-approval procedures: Article 13 (general provisions for amending existing type-approvals): clarify that when changes in the particulars of a type are of such an extent that an amendment to an existing type-approval cannot be justified, a new type approval has to be issued compare with article 34.1 of Regulation L168/2013: 9

10 3. Improve implementation of type-approval procedures: Article 13 (general provisions for amending existing type-approvals): clarify that when changes in the particulars of a type are of such extent that an amendment to an existing type-approval cannot be justified, a new type approval has to be issued Article 14 (amendments to vehicle approvals): revision of TA subject to verification that changes in the particulars of a type will not result in the concerned type no longer complying with the applicable requirements compare with article 35.1 of Regulation L168/

11 3. Improve implementation of type-approval procedures: Article 13 (general provisions for amending existing type-approvals): clarify that when changes in the particulars of a type are of such extent that an amendment to an existing type-approval cannot be justified, a new type approval has to be issued Article 14 (amendments to vehicle approvals): extension of TA subject not possible when new requirements relevant for approved type have entered into force and existing type cannot comply with them without changing its design particulars compare with article 35.2 of Regulation L168/2013: 11

12 3. Improve implementation of type-approval procedures: Article 13 (general provisions for amending existing type-approvals): specify that when new requirements have entered into force for the type concerned, an existing type approval can only be amended if the type complies with the new requirements Article 14 (amendments to vehicle approvals): extension of TA subject not possible when new requirements relevant for approved type have entered into force and existing type cannot comply with them without changing its design particulars compare with article 37.2 of Regulation L168/2013: 12

13 3. Improve implementation of type-approval procedures: Article 17 (termination of validity of type-approvals): limit the period of validity of type approvals in time. After expiry of that validity period ([x] years), the type approval has to be checked on its continued validity to ensure that all requirements applicable to the type concerned are met. Cessation of validity (before the expiry of the validity period) when new requirements for the type concerned enter into force and the existing type cannot comply with these requirements without changing its design characteristics (see Art 14 above). compare with article 37.1 of Regulation L168/

14 3. Improve implementation of type-approval procedures: Article 29 (safeguard clause): Introduce the 2 step safeguard procedures (national level + Union level) as already incorporated in L-cat Regulation 168/2013. The Union level safeguard procedure provides for a clear role for the Commission, including a decisive power in case of disputes compare with articles 46 to 48 of Regulation L168/

15 Article 29 (safeguard clause): 15

16 3. Improve implementation of type-approval procedures: Article 30 (products not in conformity with the approved type): clarify the role of the Commission in the dispute settlement procedure compare with article 49.7 of Regulation L168/2013: 16

17 3. Improve implementation of type-approval procedures: Article 32 (recall procedures): If other MS or the Commission consider remedies not sufficient or timely enough, TAA to take all protective measures. If no such measures are taken, or not satisfactory for other MS and Commission, Commission to take a decision compare with article 52.4 of Regulation L168/2013: 17

18 Article 32 (recall procedures): If other MS or the Commission consider remedies not sufficient or timely enough, TAA to take all protective measures. If no such measures are taken, or not satisfactory for other MS and Commission, Commission to take a decision compare with article 52.4 of Regulation L168/2013: 18

19 3. Improve implementation of type-approval procedures: New draft Article on implementation and dispute settlement: 19

20 4. Further harmonisation of individual approvals: New draft Article on EU individual approvals: 20

21 5. Further simplification for multi-stage approvals: compare with article 25 of Regulation L168/2013: 21

22 5. Further simplification for multi-stage approvals: 22

23 6. Mandatory EU approvals of after-market products: compare with article 45.1 of Regulation L168/2013: 23

24 7. EU end-of-series instead of national end-of-series: compare with article 44 of Regulation L168/2013: 24

25 8. Repair and Maintenance information (RMI): compare with Chapter XV of Regulation L168/2013: 25

26 8. Repair and Maintenance information (RMI): compare with Chapter XV of Regulation L168/2013: 26

27 8. Repair and Maintenance information (RMI): New Annex XVIII on RMI: 27

28 9. Next steps: Tentative Date Procedural Step 02/07/2014 MVWG 1 st exchange of views with stakeholders 30/09/2014 Consolidation of stakeholders consultation results 13/10/2014 Finalise drafting legislative proposals 20/10/2014 MVWG 2 nd exchange of views with stakeholders??/11/2014 Launch of Inter-service consultation (ISC)??/11/2014 End of Inter-service consultation (ISC)??/11/2014 Revision of document post ISC??/12/2014 Submission of document to the Translation DG??/0?/2015 Submission of documents to Greffe??/0?/2015 Special Chefs de Cabinet meeting??/0?/2015 Weekly Chefs de Cabinet meeting (Hebdo)??/0?/2015 Adoption of the proposal by the College 28

29 Thank you for your attention 29