Article 23U.K.Remedial measures for the conformity of CO2 emissions and fuel consumption related properties of components, separate technical units and systems
[F11. Where the approval authority finds, pursuant to Articles 20 and 22, that the measures taken by the manufacturer to ensure that the CO 2 emissions and fuel consumption related properties of the components, separate technical units and systems listed in Article 12(1) and which have been the subject of certification in accordance with Article 17 do not deviate from the certified values are not adequate, the approval authority shall request the manufacturer to submit a plan of remedial measures no later than 30 calendar days after receipt of the request from the approval authority.]
Where the manufacturer demonstrates that further time is necessary for the submission of the plan of remedial measures, an extension of up to 30 calendar days may be granted by the approval authority.
2.The plan of remedial measures shall apply to all the component families, separate technical unit families or system families which have been identified by the approval authority in its request.
3.The approval authority shall approve or reject the plan of remedial measures within 30 calendar days of its receipt. The approval authority shall notify the manufacturer and all the other Member States of its decision to approve or reject the plan of remedial measures.
The approval authority may require the vehicle manufacturers who installed the components, separate technical units and systems concerned in their vehicles to issue a new manufacturer's records file, customers information file and certificate of conformity on the basis of the CO2 emissions and fuel consumption related properties of those components, separate technical units and systems obtained by means of the measures referred to in Article 22(1).
4.The manufacturer shall be responsible for the execution of the approved plan of remedial measures.
5.The manufacturer shall keep a record of every component, separate technical unit or system recalled and repaired or modified and of the workshop which performed the repair. The approval authority shall have access to those records on request during the execution of the plan of the remedial measures and for a period of 5 years after the completion of its execution.
6.Where the plan of remedial measures has been rejected by the approval authority, or the approval authority establishes that the remedial measures are not being correctly applied, it shall take the necessary measures to ensure the conformity of CO2 emissions and fuel consumption related properties of the component family, separate technical unit family and system family concerned, or withdraw the certificate on CO2 emissions and fuel consumption related properties.
Textual Amendments
F1 Substituted by Commission Regulation (EU) 2019/318 of 19 February 2019 amending Regulation (EU) 2017/2400 and Directive 2007/46/EC of the European Parliament and of the Council as regards the determination of the CO2 emissions and fuel consumption of heavy-duty vehicles (Text with EEA relevance).