Regulation (EU) 2018/858 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER XVII FINAL PROVISIONS

Article 84 Penalties

1. Member States shall lay down the rules on penalties applicable to infringements by economic operators and technical services of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In particular, those penalties shall be proportionate to the seriousness of the non-compliance and to the number of non-compliant vehicles, systems, components or separate technical units made available on the market of the Member State concerned. Member States shall, by 1 September 2020, notify the Commission of those rules and of those measures and shall notify it without delay of any subsequent amendment affecting them.

2. The types of infringements by economic operators and technical services subject to penalties shall be at least the following:

(a) making false declarations during approval procedures or corrective or restrictive measures being imposed in accordance with Chapter XI;

(b) falsifying test results for type-approval or for market surveillance;

(c) withholding data or technical specifications that could lead to the recall of vehicles, systems, components and separate technical units, or to the refusal or withdrawal of EU type-approval certificate;

(d) non-compliance by technical services in respect of the requirements for their designation.

3. In addition to the types of infringements set out in paragraph 2, the types of infringements by economic operators that are also subject to penalties shall be at least the following:

(a) refusing to provide access to information;

(b) making available on the market vehicles, systems, components or separate technical units subject to approval without such approval or falsifying documents, certificates of conformity, statutory plates or approval marks with that intention.

4. Member States shall report to the Commission every year on the penalties they have imposed in the preceding year. If no penalties were imposed in a given year, Member States shall not be required to report to the Commission.

5. Each year, the Commission shall elaborate a summary report on the penalties imposed by Member States. That report may include recommendations for Members States and shall be submitted to the Forum.

Article 85 Administrative fines in support of corrective and restrictive measures at Union level

1. When the Commission takes decisions in accordance with Article 53, it may impose administrative fines upon the concerned economic operators for non-compliance of the vehicle, system, component or separate technical unit with the requirements laid down in this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.

The administrative fines imposed by the Commission shall not be in addition to the penalties imposed by the Member States in accordance with Article 84 for the same infringement. The administrative fines imposed by the Commission shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.

The Commission may not bring, start afresh or continue proceedings under this Article against economic operators for infringements of this Regulation for which the concerned economic operators have been penalised or declared not liable in accordance with Article 84 by an earlier decision that can no longer be challenged.

2. The Commission shall adopt, on the basis of the principles set out in paragraph 3 of this Article, delegated acts in accordance with Article 82, supplementing this Regulation by laying down the procedure for, and methods for the calculation and collection of, the administrative fines referred to in paragraph 1 of this Article.

3. The delegated acts referred to in paragraph 2 shall respect the following principles:

(a) the procedure by the Commission shall respect the right to good administration, and in particular the right to be heard and the right to have access to the file, while respecting the legitimate interests of confidentiality and of commercial secrets;

(b) in calculating the appropriate administrative fine, the Commission shall be guided by the principles of effectiveness, proportionality and dissuasiveness, taking into consideration, where relevant, the seriousness and the effects of the infringement, the good faith of the economic operator, the degree of diligence and cooperation of the economic operator, the repetition, frequency or duration of the infringement as well as prior sanctions imposed on the same economic operator;

(c) administrative fines shall be collected without undue delay by fixing deadlines for the payment and, as appropriate, including the possibility of splitting payments into several instalments and phases.

4. The amounts of administrative fines shall be considered as revenue for the general budget of the Union.

Article 86 Amendments to Regulation (EC) No 715/2007

1. Regulation (EC) No 715/2007 is amended as follows:

(1)

The title is replaced by the following:

‘Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6)’;

(2)

in Article 1, paragraph 2 is replaced by the following:

‘2. In addition, this Regulation lays down rules for in-service conformity, the durability of pollution control devices, vehicle on-board diagnostic (OBD) systems and the measurement of fuel consumption.’;

(3)

in Article 3, points 14 and 15 are deleted;

(4)

Chapter III is deleted;

(5)

in Article 13(2), point (e) is deleted.

2. References to the deleted provisions of Regulation (EC) No 715/2007 shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in point 1 of Annex XI to this Regulation.

Article 87 Amendments to Regulation (EC) No 595/2009

1. Regulation (EC) No 595/2009 is amended as follows:

(1)

The title is replaced by the following:

‘Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC’;

(2)

in Article 1, second paragraph is replaced by the following:

‘This Regulation also lays down rules for in-service conformity of vehicles and engines, the durability of pollution control devices, vehicle on-board diagnostic (OBD) systems and the measurement of fuel consumption and CO₂ emissions.’;

(3)

in Article 3, points 11 and 13 are deleted;

(4)

Article 6 is deleted;

(5)

in Article 11(2), point (e) is deleted.

2. References to the deleted provisions of Regulation (EC) No 595/2009 shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in point 2 of Annex XI to this Regulation.

Article 88 Repeal of Directive 2007/46/EC

Directive 2007/46/EC is repealed with effect from 1 September 2020.

References to Directive 2007/46/EC shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in point 3 of Annex XI to this Regulation.

Article 89 Transitional provisions

1. This Regulation shall not invalidate any whole-vehicle type-approval or EU type-approval granted to vehicles or to systems, components or separate technical units by 31 August 2020.

2. Approval authorities shall grant extensions and revisions of whole-vehicle type-approvals and EU type-approvals to the vehicles, systems, components or separate technical units referred to in paragraph 1 of this Article in accordance with Articles 33 and 34.

3. Technical services already designated before 4 July 2018 shall be subject to the assessment referred to in Article 73.

The designation of technical services already designated before 4 July 2018 shall be renewed by 5 July 2022 where those technical services comply with the relevant requirements set out in this Regulation.

The validity of the designation of technical services made before 4 July 2018 shall terminate by 5 July 2022.

Article 90 Reporting

1. By 1 September 2025, Member States shall inform the Commission of the application of the type-approval and market surveillance procedures laid down in this Regulation.

2. By 1 September 2026, on the basis of the information supplied under paragraph 1 of this Article, the Commission shall submit an evaluation report to the European Parliament and to the Council on the application of this Regulation, including on the functioning of the compliance verification in accordance with Article 9.

Article 91 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 September 2020.

However, from 5 July 2020, national authorities shall not refuse to grant EU type-approval or national type-approval for a new type of vehicle, or prohibit registration, placing on the market or entry into service of a new vehicle where the vehicle concerned complies with this Regulation, if a manufacturer so requests.