(5) In order to enable manufacturers to adapt to the new harmonised procedures, a sufficient lead-time should be allowed before Community vehicle type-approval becomes compulsory for vehicles belonging to categories other than M1 that are built in one stage. A longer lead-time is required for vehicles of categories other than M1 that require a multi-stage approval, since that procedure will involve body-builders, who will need to gain sufficient experience in that field so that the necessary procedures can be implemented properly.

(5) In order to enable manufacturers to adapt to the new harmonised procedures, a sufficient lead-time should be allowed before Community vehicle type-approval becomes compulsory for vehicles belonging to categories other than M1 that are built in one stage. A longer lead-time is required for vehicles of categories other than M1 that require a multi-stage approval, since that procedure will involve body-builders, who will need to gain sufficient experience in that field so that the necessary procedures can be implemented properly.

However, due to the importance of safety for vehicles of category M2 and M3, during the transitional period when national type approval is still valid in order to allow manufacturers to get experience with EC vehicle type approval, it is necessary that those vehicles comply with the technical requirements of the harmonised directives.

Justification

For buses and coaches of category M2 and M3 the introduction dates of EC vehicle type approval are in contradiction with the present consideration because, for those categories of vehicles, a lead time before the mandatory application of EC vehicle type approval is not foreseen. In order to remove this contradiction, and to guarantee the safety of those vehicles by an early mandatory application of the safety standards, it is proposed to mandate the harmonised technical requirements also during the transitional period when national type approval is allowed.

Consequently, United Nations Economic Commission for Europe (UNECE) Regulations to which the Community accedes, in application of that Decision, and amendments to UNECE Regulations to which the Community has already acceded should be incorporated within the Community type-approval procedure either as requirements for EC vehicle type-approval, or as alternatives to existing Community law. In particular, where the Community decides, by means of a Council decision, that a UNECE Regulation shall become part of the EC vehicle type-approval procedure and replace existing Community law, the necessary adaptations should be made to this Directive by the regulatory procedure provided for in Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1.

Consequently, United Nations Economic Commission for Europe (UNECE) Regulations to which the Community accedes, in application of that Decision, and amendments to UNECE Regulations to which the Community has already acceded should be incorporated within the Community type-approval procedure either as requirements for EC vehicle type-approval, or as alternatives to existing Community law. In particular, where the Community decides, by means of a Council decision, that a UNECE Regulation shall become part of the EC vehicle type-approval procedure and replace existing Community law, the Commission should be empowered to make the necessary adaptations to this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.1

Justification

Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Decision 1999/468/EC, as amended by Decision 2006/512/EC.

(10a) For the purposes of better regulation and simplification and in order to avoid having to constantly update existing Community legislation on issues of technical specifications, it should be possible for this Directive or for separate directives and regulations to makereferences to existing international standards and regulations without reproducing them in the Community legal framework.

Justification

This recital supports the addition of a new paragraph 4 in Article 34. In an area of continuing technical innovation, it is desirable to create a close link between the evolution of the technical and scientific knowledge and the legislation in order to avoid a continuous process of updating Community technical legislation.

(13) These measures should only apply to a limited number of parts and equipment, the list of which should be established after having consulted the stakeholders and the regulatory Committee referred to in this Directive. Such measures should ensure that the parts or equipment in question do not impair the safety or environmental performance of the vehicle while at the same time preserving wherever possible competition in the aftermarket.

(13) These measures should only apply to a limited number of parts or equipment. The list of such parts or equipment and subsequent requirements should be established after having consulted stakeholders and the regulatory Committee referred to in this Directive. In establishing the list, the Commission shall consult stakeholders on the basis of a report and strive for a fair balance between the requirements of improving road safety and environmental protection, as well as the interests of consumers, manufacturers and distributors in preserving competition in the aftermarket.

Justification

Transparency of the whole regulatory Committee process should be ensured, not only the establishment of the list of parts, in line with the recommendations of the CARS 21 high level group on Better Regulation.

(14) The list of parts and equipment, the essential systems concerned as well as the testing and implementation measures should be determined in accordance with the procedure referred to in Article 40(2) of this Directive.

(14) The list of parts and equipment, the essential systems concerned as well as the testing and implementation measures should be determined in accordance with the procedure referred to in Article 40(2) of this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Justification

Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Directive 1999/468/EC; as amended by Decision 2006/512/EC.

(17a) It is equally important that manufacturers make information readily available to independent operators to ensure the servicing and repairing of vehicles in a fully competitive market.

These information requirements have so far been incorporated in Community legislation, and in particular in the proposal for a regulation on type approval of motor vehicles with respect to emissions (Euro 5 and 6) and on access to vehicle repair and maintenance information (COM(2005)0683), on the basis that the Commission will review, no later than four years after the date of entry into force of that Regulation, the effectiveness of these articles and may consequently consider whether it would be appropriate to consolidate all provisions governing access to vehicle repair and maintenance information within this Directive.

Justification

This amendment aims at making Recital 17a (new) consistent with the wording in the Euro 5 Regulation.

(18) With the aim of simplifying and accelerating the procedure, measures implementing the separate directives or regulations as well as measures for adapting the Annexes to this Directive and the separate directives or regulations, in particular to the development of scientific and technical knowledge should be adopted in accordance with Decision 1999/468/EC.

(18) With the aim of simplifying and accelerating the procedure, measures implementing the separate directives or regulations as well as measures for adapting the Annexes to this Directive and the separate directives or regulations, in particular to the development of scientific and technical knowledge should be adopted in accordance with Decision 1999/468/EC. Since those measures are of general scope and are designed to amend non-essential elements of this Directive or of the separate directives or regulations, or to supplement them by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. The same procedure should apply to adaptations needed for the type-approval of vehicles intended for persons with disabilities.

Justification

The possibility to amend the Framework Directive and the separate directives and regulations by comitology in order to allow the approval of vehicles adapted to the needs of persons with disabilities should be provided.Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Decision 1999/468/EC; as amended by Decision 2006/512/EC.

(19) Experience shows that appropriate measures may have to be taken without delay with a view to ensuring a better protection of road users, where shortcomings have been identified in the existing legislation. For such urgent cases, the necessary amendments to the separate directives or regulations should be adopted in accordance with Decision 1999/468/EC.

(19) Experience shows that appropriate measures may have to be taken without delay with a view to ensuring a better protection of road users, where shortcomings have been identified in the existing legislation. For such urgent cases, the necessary amendments to the separate directives or regulations should be adopted in accordance with Decision 1999/468/EC. Since those measures are of general scope and are designed to amend non-essential elements of the separate directives or regulations or to supplement them by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Justification

Reference should be made to the new regulatory procedure with scrutiny laid down in Article 5a of Council Decision 1999/468/EC, as amended by Decision 2006/512/EC.

(23a) The requirements of this Framework Directive are in accordance with the principles enshrined in the Action plan introducing a Strategy for further coordinated action to simplify the regulatory environment (COM(2002)0278).

It is of particular importance that future measures proposed on the basis of this Directive or procedures to be implemented in application of it should comply with these principles, which have been recalled in the Commission communication on a Competitive Automotive Regulatory framework for the 21st Century (COM(2007)0022).

Justification

It is appropriate for the key piece of automotive regulation to be set into the broader context of the integrated approach endorsed by Commission, Parliament and Council

3. Type-approval or individual approval under this Directive is optional for the following vehicles:

3. Type-approval or individual approval under this Directive is optional for the following vehicles:

(a) vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;

(a) vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;

(b) vehicles designed and constructed for use by the armed services, civil defence, fire services and forces responsible for maintaining public order;

(b) vehicles designed and constructed for use by the armed services, civil defence, fire services and forces responsible for maintaining public order; and

(c) mobile machinery,

(c) mobile machinery,

to the extent that these vehicles are able to fulfil the requirements of this Directive. Such optional approvals are without prejudice to the application of Directive 2006/42/EC.

30) “competent authority” in Article 42 means either the approval or designating authority or an accreditation body acting on their behalf;

30) “competent authority” in Article 42 means either the approval authority or a designated authority, or an accreditation body acting on their behalf respectively;

Justification

This small correction clarifies which are the authorities in the Member States empowered to assess the skills of the technical services.

The multi-stage type-approval shall apply also to complete vehicles converted or modified by another manufacturer.

Justification

As different opinions exist amongst the Member States on how to type-approve vehicles which are modified by another manufacturer before their first registration, the amendment is intended to clarify that converted or modified vehicles must be type-approved in accordance with the multi-stage procedure. As a consequence, not all tests have to be repeated on the converted or modified vehicles but only those which are affected by the modifications.

1. Member States may, on application by the manufacturer, grant an EC type-approval in respect of a type of system, component or separate technical unit that incorporates technologies or concepts which are incompatible with one or more regulatory acts listed in Part I of Annex IV, subject to authorisation being granted by the Commission in accordance with the procedure referred to in Article 40(2).

1. Member States may, on application by the manufacturer, grant an EC type-approval in respect of a type of system, component or separate technical unit that incorporates technologies or concepts which are incompatible with one or more regulatory acts listed in Part I of Annex IV, subject to authorisation being granted by the Commission in accordance with the procedure referred to in Article 40(2a).

Justification

The regulatory procedure laid down in Articles 5 and 7 of Decision 1999/468/EC should be followed for the adoption of individual decisions by the Commission (as opposed to measures of general scope, for which the regulatory procedure with scrutiny laid down in Article 5a of that Decision is foreseen).

The Commission shall decide, in accordance with the procedure referred to in Article 40(2), whether or not to allow the Member State to grant an EC type-approval in respect of that type of vehicle.

The Commission shall decide, in accordance with the procedure referred to in Article 40(2a), whether or not to allow the Member State to grant an EC type-approval in respect of that type of vehicle.

Justification

The regulatory procedure laid down in Articles 5 and 7 of Decision 1999/468/EC should be followed for the adoption of individual decisions by the Commission (as opposed to measures of general scope, for which the regulatory procedure with scrutiny laid down in Article 5a of that Decision is foreseen).

If the necessary steps to adapt the regulatory acts have not been taken, the validity of an exemption may be extended, at the request of the Member State which granted the approval, by another decision adopted in accordance with the procedure referred to in Article 40(2).

If the necessary steps to adapt the regulatory acts have not been taken, the validity of an exemption may be extended, at the request of the Member State which granted the approval, by another decision adopted in accordance with the procedure referred to in Article 40(2a).

Justification

The regulatory procedure laid down in Articles 5 and 7 of Decision 1999/468/EC should be followed for the adoption of individual decisions by the Commission (as opposed to measures of general scope, for which the regulatory procedure with scrutiny laid down in Article 5a of that Decision is foreseen).

1. If a Member State which has granted an EC type-approval finds that new vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the type it has approved, it shall take the necessary measures, including the withdrawal of type-approval, to ensure that production vehicles, systems, components or separate technical units, as the case may be, are brought into conformity with the approved type. The approval authority of that Member State shall advise the approval authorities of the other Member States of the measures taken.

1. If a Member State which has granted an EC type-approval finds that new vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the type it has approved, it shall take the necessary measures, including, where necessary, the withdrawal of type-approval, to ensure that production vehicles, systems, components or separate technical units, as the case may be, are brought into conformity with the approved type. The approval authority of that Member State shall advise the approval authorities of the other Member States of the measures taken.

Justification

To give type approval authorities the flexibility to take appropriate action as they consider fit

Parts and equipment which pose a significant risk to the correct functioning of essential systems

Sale and entry into service of parts or equipment which are capable of posing a significant risk to the correct functioning of essential systems

1. Member States shall prevent the sale, the offer for sale or entry into service of parts or equipment which are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or for its environmental performance, unless they have been authorised by an approval authority in accordance with paragraphs 4 to 6.

1. Member States shall permit the sale, the offer for sale or entry into service of parts or equipment which are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or for its environmental performance, only if those parts or equipment have been authorised by an approval authority in accordance with paragraphs 4 to 7.

A list of such parts or equipment shall be established in Annex XIII in accordance with the procedure referred to in Article 40(2), taking account of available information on:

1a. Parts or equipment subject to authorization in accordance with paragraph 1 shall be inserted in the list as established in Annex XIII in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Such a decision shall be based on an impact assessment and strive for a fair balance between the following elements:

- the seriousness of the risk to the safety or environmental performance of vehicles fitted with parts and equipment under consideration; and

a) the existence of a serious risk to the safety or environmental performance of vehicles fitted with the parts or equipment under consideration; and

- the effect on consumers and manufacturers in the after-market of the imposition under this Article of a possible authorisation requirement on parts and equipment.

b) the effect on consumers and manufacturers in the after-market of the imposition under this Article of a possible authorisation requirement on parts or equipment.

Justification

Clearer statement of the listing procedure to be followed and the objectives to be achieved.

2. Paragraph 1 shall not apply to original parts and equipment and to parts or equipment which are type-approved in accordance with the provisions of one of the regulatory acts listed in Annex IV, except where the approval relates to aspects other than those covered in paragraph 1. However, provisions for identifying such parts and equipment when placed on the market may, where appropriate, be adopted in accordance with the procedure referred to in Article 40(2).

2. Paragraph 1 shall not apply to original parts or equipment which are covered by a system type-approval with respect to a vehicle and to parts or equipment which are type-approved in accordance with the provisions of one of the regulatory acts listed in Annex IV, except where those approvals relate to aspects other than those covered in paragraph 1. Paragraph 1 shall not apply to parts or equipment exclusively produced for racing vehicles not intended for use on public roads. If parts or equipment included in Annex XIII have a dual use for racing and on the road, these parts or equipment may not be sold or offered for sale to the general public for use in on-road vehicles unless they comply with the requirements of this Article. Provisions for identifying such parts or equipment when placed on the market may, where appropriate, be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

3. The list referred to in paragraph 1 may be updated and, to the extent necessary, the model and numbering system of the certificate referred to in paragraph 4 as well as aspects relating to the procedure, the requirements, the marking, packaging and the appropriate tests shall be established in accordance with the procedure referred to in Article 40(2). The requirements can be based on the regulatory acts listed in Annex IV or can consist of a comparison of the part or equipment with the performance of the original vehicle, or of any of its parts, as appropriate. In these cases, the requirements must ensure that the parts or equipment do not impair the functioning of those systems that are essential for the safety of the vehicle or its environmental performance

3. The procedure and the requirements of the authorisation process referred to in paragraph 1, and the provisions for the subsequent updating of the list, shall be established in accordance with the regulatory procedure with scrutiny referred to in Article 40(2), after consultation of stakeholders. Those requirements shall include prescriptions for safety, environmental protection and, where needed, for testing standards. They may be based on the regulatory acts listed in Annex IV, may be developed according to the relevant state of safety, environmental and testing technology, or, if these are not feasible, may consist of a comparison of the part or equipment with the environmental or safety performance of the original vehicle, or of any of its parts, as appropriate.

Justification

Clarifies the potential approval requirements for parts in this category.

4a. Each part or piece of equipment authorised in application of this Article shall be appropriately marked.

Marking and packaging requirements, as well as the model and numbering system of the certificate referred to in paragraph 4, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Justification

Marking of authorised parts is essential for consumers’ information and for market surveillance. The Council text is not clear if authorised parts must be mandatory marked.

8. This Article shall not be applicable before the list referred to in paragraph 1 has been established. For any entry or group of entries in that list a reasonable transitional period shall be fixed during which the prohibition referred to in paragraph 1 shall be suspended in order to allow the manufacturer of the part or equipment to apply for and obtain an authorisation. At the same time a date may be fixed, where appropriate, to exclude parts and equipment designed for vehicles type-approved before that date from the application of this Article.

8. This Article shall not be applicable to a part or piece of equipment before it is listed in Annex XIII. For any entry or group of entries in Annex XIII a reasonable transitional period shall be fixed to allow the manufacturer of the part or equipment to apply for and obtain an authorisation. At the same time a date may be fixed, where appropriate, to exclude parts and equipment designed for vehicles type-approved before that date from the application of this Article.

Justification

Modified wording to align with the changes in Article 31(1)

9. As long as a decision as to whether or not a particular part or piece of equipment is to be included in the list referred to in paragraph 1 has not been taken, Member States may maintain national provisions dealing with parts and equipment which are capable of affecting the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance.

9. As long as a decision as to whether or not a part or piece of equipment is to be included in the list referred to in paragraph 1 has not been taken, Member States may maintain national provisions dealing with parts or equipment which are capable of posing a significant risk to the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance.

Once a positive or negative decision has been taken, the national provisions dealing with the parts or equipment in question shall cease to be valid.

Once such a decision has been taken, the national provisions dealing with the parts or equipment in question shall cease to be valid.

Justification

Clarifies the conditions under which national requirements will remain valid

9a. As from the date of entry into force of this Directive, Member States shall not adopt new provisions dealing with parts and equipment which can affect the correct functioning of systems that are essential for the safety of the vehicle or its environmental performance.

Justification

To avoid confusing situation after the entry into force of Article 31

3a. Direct references may be made in this Directive or in the separate directives or regulations to international standards and regulations without reproducing them in the Community legal framework.

Justification

In the interest of simplification, it is desirable that cross-references may be made in a directive or regulation to technical requirements included for example in a UNECE regulation. Where appropriate, such references may include automatically the latest amendments to such a regulation. This principle may also be applied to cross-references to international standards such as CEN, ISO, etc.

2. Amendments to the Annexes to this Directive or to the provisions of the separate directives or regulations listed in Part I of Annex IV, which are necessary to adapt them to the development of scientific and technical knowledge shall be adopted in accordance with the procedure referred to in Article 40(2).

2. Amendments to the Annexes to this Directive or to the provisions of the separate directives or regulations listed in Part I of Annex IV, which are necessary to adapt them to the development of scientific and technical knowledge or to the specific needs of persons with disabilities shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

Justification

The amendment aims at empowering the Commission to adopt the necessary adaptations to the Community legislation in order to ease type-approval of vehicles which have undergone specific technical modifications for persons with disabilities.

3. Amendments to this Directive which are necessary to apply the system of EC type-approval to vehicles other than those equipped with an internal combustion engine and to lay down technical requirements for small series vehicles, vehicles approved under the individual approval procedure and special purpose vehicles shall be adopted in accordance with the procedure referred to in Article 40(2).

3. Amendments to this Directive which are necessary to lay down technical requirements for small series vehicles, vehicles approved under the individual approval procedure and special purpose vehicles shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2).

7a. The annexes to this Directive may be amended by means of regulations.

Justification

In the interest of simplification, which is one of the corner-stones of “Better Regulation”, it is desirable that the technical aspects covered by the annexes of the Framework Directive could be made directly applicable in the Member States, thus avoiding unnecessary delays.

2. Where reference is made to this paragraph, Articles 5 and 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 5a (1) to (4), and Article