agenda item 4: information from commission services on the ... · dg enterprise and industry...

Enterprise and Industry

124th MEETING OF THEWORKING 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

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DG Enterprise and Industry Automotive Industry Unit

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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

Follow-up of the MVWG of 2 July 2014:


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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)



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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)



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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

3. Improve implementation of type-approval procedures:


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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:



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Article 8 (conduct of EU type approval procedures):• the information exchanged between type-approval

authorities of Member States in relation to EU type-approvals granted, amended, refused and withdrawnto be made available to the Commission upon request

cf. Art. 29.9 of Regulation 168/2013:



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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:



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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 issuedArticle 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 L168/2013



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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 issuedArticle 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




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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




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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 L168/2013



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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 L168/2013



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Article 29 (safeguard clause):


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Article 30 (products not in conformity with the approved type):• clarify the role of the Commission in the dispute settlement procedure




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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




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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



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New draft Article on implementation and dispute settlement:



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


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


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5. Further simplification for multi-stage approvals:


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6. Mandatory EU approvals of after-market products:



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7. EU end-of-series instead of national end-of-series:

compare with article 44 of Regulation L168/2013:


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8. Repair and Maintenance information (RMI):

compare with Chapter XV of Regulation L168/2013:


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compare with Chapter XV of Regulation L168/2013:


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New Annex XVIII on RMI:


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9. Next steps:

Tentative Date Procedural Step

02/07/2014 MVWG – 1st exchange of views with stakeholders

30/09/2014 Consolidation of stakeholders’ consultation results

13/10/2014 Finalise drafting legislative proposals

20/10/2014 MVWG – 2nd 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


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Thank you for your attention

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