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CHAPTER 5 CONFORMITY OF SIMULATION TOOL OPERATION, INPUT INFORMATION AND INPUT DATA

Article 21Remedial measures for the conformity of simulation tool operation

1.Where the approval authority finds, pursuant to Article 20(2), that the processes set up by the vehicle manufacturer for the purposes of determining the CO2 emissions and fuel consumption of the vehicle groups concerned are not in accordance with the licence or with this Regulation or may lead to an incorrect determination of the CO2 emissions and fuel consumption of the vehicles concerned, 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 vehicle 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 vehicle groups 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 manufacturer to issue a new manufacturer's records file, customer information file and certificate of conformity on the basis of a new determination of CO2 emissions and fuel consumption reflecting the changes implemented in accordance with the approved plan of remedial measures.

4.The manufacturer shall be responsible for the execution of the approved plan of remedial measures.

5.Where the plan of the 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 simulation tool operation, or withdraw the licence.