Regulation (EU) 2018/858 of the European Parliament and of the CouncilShow full title

CHAPTER II GENERAL OBLIGATIONS

Article 5 Technical requirements

1. Vehicles, systems, components and separate technical units shall comply with the requirements of the regulatory acts listed in Annex II.

2. Vehicles, systems, components and separate technical units shall be considered not to comply with this Regulation in the following cases in particular:

(a) if they deviate from the particulars in the EU type-approval certificates and their attachments or from the descriptive particulars in the test reports more than is permitted in the relevant regulatory act;

(b) if the performance criteria or limit values for series production laid down in the relevant regulatory act have not been fulfilled under all the conditions set out in the relevant regulatory act;

(c) if any information given by the manufacturer in the information document is not reproducible under all the conditions set out in the relevant regulatory act by approval authorities, market surveillance authorities or the Commission.

Only checks, tests, inspections and assessments conducted by or carried out on behalf of the approval authorities, market surveillance authorities or the Commission shall be taken into account when assessing compliance for the purposes of this paragraph.

3. The Commission is empowered to adopt delegated acts in accordance with Article 82, amending Annex II in order to take into account technological and regulatory developments by introducing and updating references to the regulatory acts that contain the requirements with which vehicles, systems, components and separate technical units have to comply.

Article 6 Obligations of Member States

1. Member States shall establish or appoint their own approval authorities and market surveillance authorities. Member States shall notify the Commission of the establishment and appointment of those authorities.

That notification shall include the name of those authorities, their address, including their electronic address, and their areas of responsibility. The Commission shall publish on its website a list and contact details of the approval authorities and the market surveillance authorities.

Member States shall ensure that their own approval authorities and market surveillance authorities adhere to a strict separation of roles and responsibilities and that they each function independently from each other. Those authorities may be within the same organisation provided that their activities are managed autonomously as part of separate structures.

2. A Member State where more than one approval authority is responsible for vehicle approval including individual vehicle approval shall designate one of them that has the competence for issuing type-approvals as the sole approval authority that is responsible for the exchange of information with the approval authorities of other Member States for the purpose of Article 11 and for the fulfilment of obligations set out in Chapter XV.

3. A Member State where more than one market surveillance authority is responsible for market surveillance shall designate one of them as the sole market surveillance authority that is responsible for the exchange of information with the market surveillance authorities of other Member States for the purpose of Article 11.

4. Member States shall only permit the placing on the market, the registration or the entry into service of vehicles, systems, components and separate technical units that comply with this Regulation.

5. Member States shall not prohibit, restrict or impede the placing on the market, the registration or the entry into service of vehicles, systems, components or separate technical units that comply with this Regulation, except in the cases provided for in Chapter XI.

By way of derogation from the first subparagraph of this paragraph, Member States may decide not to allow the circulation on the road, the placing on the market, the registration or the entry into service of vehicles that have been type-approved in accordance with this Regulation, but that exceed the harmonised dimensions, weights and axle loads laid down in Annex I to Council Directive 96/53/EC(1).

6. Member States shall organise and carry out market surveillance and controls of vehicles, systems, components and separate technical units entering the market, in accordance with this Regulation and Chapter III of Regulation (EC) No 765/2008.

7. Member States shall take the necessary measures to ensure that market surveillance authorities are entitled, where they consider it necessary and justified, to enter the premises of economic operators on their territory and to take any necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.

8. The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years, and the results thereof shall be communicated to the Commission and the Forum for Exchange of Information on Enforcement referred to in Article 11 (‘the Forum’).

The Member States shall make accessible to the public a summary of the results of periodic reviews and assessments.

The Member States shall report to the Commission and the Forum on how they address any recommendations referred to in Article 11(5) issued by the Forum.

9. The Member States shall periodically review and assess the functioning of their market surveillance activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the Commission and to the Forum.

The Member States shall make accessible to the public a summary of the results of periodic reviews and assessments.

The Member States shall report to the Commission and the Forum on how they address any recommendations referred to in Article 11(5) issued by the Forum.

10. The Commission may adopt implementing acts laying down the common criteria for the format of reporting on the reviews and assessments referred to in paragraphs 8 and 9 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).

Article 7 Obligations of approval authorities

1. Approval authorities shall only approve vehicles, systems, components or separate technical units that comply with this Regulation.

2. Approval authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets, subject to the obligation laid down in Article 9(4) to make information available to the Commission and to other applicable disclosure requirements laid down in Union law in order to protect the interests of users in the Union.

Approval authorities shall cooperate efficiently and effectively, and shall share information relevant to their role and functions.

3. For the purpose of enabling market surveillance authorities to carry out checks, approval authorities shall make available to market surveillance authorities the necessary information related to the type-approval of the vehicles, systems, components and separate technical units that are subject to compliance verification checks. That information shall include at least the information included in the EU type-approval certificate and its attachments referred to in Article 28(1). Approval authorities shall provide that information to the market surveillance authorities without undue delay.

4. Where an approval authority has been informed in accordance with Chapter XI that a vehicle, system, component or separate technical unit is suspected of presenting a serious risk or of being in non-compliance, it shall take all necessary measures to review the type-approval granted and, where appropriate, correct or withdraw the type-approval depending on the reasons and the seriousness of the deviations demonstrated.

Article 8 Obligations of market surveillance authorities

1. Market surveillance authorities shall carry out regular checks to verify that vehicles, systems, components and separate technical units comply with the relevant requirements. Such checks shall be performed on an adequate scale by means of documentary checks and, where appropriate, laboratory tests and on-road tests conducted on the basis of statistically relevant samples.

When carrying out such checks, market surveillance authorities shall take account of:

(a) established principles of risk assessment;

(b) substantiated complaints; and

(c) any other relevant information, including the information exchanged in the Forum and testing results published by recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10).

2. Without prejudice to paragraph 1, the market surveillance authorities of each Member State shall carry out at least a minimum number of tests on vehicles per year. That minimum number of tests per Member State shall be one for every 40 000 new motor vehicles registered in that Member State in the preceding year, but shall not be less than five tests.

Each test shall verify compliance with the applicable regulatory acts listed in Annex II.

3. Market surveillance authorities carrying out more than five tests per year shall carry out at least 20 % of the minimum number of tests in the form of emission-related tests comparable to type-approval tests covering all applicable emissions-related requirements to the tested type laid down in the regulatory acts listed in Annex II.

4. The market surveillance authority of one Member State may agree with the market surveillance authority of another Member State that the market surveillance authority of that other Member State carries out the tests required under paragraphs 2 and 3.

5. The market surveillance authority of a Member State may agree with the Commission that the Commission carries out tests required under paragraph 3 at the expense of that Member State. Any tests carried out under this paragraph shall count towards the minimum number of tests required under paragraph 2.

6. Each Member State shall prepare annually a comprehensive overview of its planned market surveillance checks which it shall submit to the Forum no later than 1 March.

7. Every two years, each Member State shall draw up a report of its findings following any compliance verification checks it has carried out in the previous two years. That report shall be submitted to the Forum by 30 September of the year following the end of the two-year period concerned.

8. Market surveillance authorities shall require economic operators to make available to the authorities such documentation, information and other technical specifications, including access to software and algorithms, that the authorities consider necessary for the purpose of carrying out the market surveillance activities.

9. For type-approved vehicles, systems, components and separate technical units, market surveillance authorities shall take due account of certificates of conformity, type-approval marks or type-approval certificates presented by economic operators.

10. Market surveillance authorities shall take appropriate measures to alert users within the territories of their Member States within an adequate timeframe of hazards that they or the Commission have identified in relation to any vehicle, system, component or separate technical unit so as to prevent or reduce the risk of injury or other damage, including by making such information available on the website of the market surveillance authority.

Market surveillance authorities shall cooperate with economic operators regarding actions that could prevent or reduce the risks caused by vehicles, systems, components or separate technical units that those operators have made available on the market.

11. Where the market surveillance authorities of one Member State decide to withdraw a vehicle, system, component or separate technical unit from the market in accordance with Chapter XI, they shall inform the economic operator concerned and the relevant approval authority.

12. Market surveillance authorities shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets, subject to the obligation laid down in Article 9(4) to make information available to the Commission and to other applicable disclosure requirements laid down in Union law in order to protect the interests of users in the Union.

13. The market surveillance authorities of the different Member States shall coordinate their market surveillance activities, cooperate with each other and shall share the results of those activities with each other and with the Forum. Where appropriate, the market surveillance authorities shall agree on work-sharing and specialisation.

14. Where more than one authority in a Member State is responsible for market surveillance and external border controls, those authorities shall cooperate efficiently and effectively, and shall share information relevant to their respective roles and functions.

15. The Commission may adopt implementing acts laying down common criteria for establishing the adequate scale of the compliance verification checks referred to in paragraph 1 of this Article and laying down common criteria for the format of the overview and the reporting referred to respectively in paragraphs 6 and 7 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).

Article 9 Compliance verification by the Commission

1. The Commission shall organise and carry out, at its own expense, tests and inspections to verify that vehicles, systems, components and separate technical units comply with the relevant requirements.

The tests and inspections shall be performed, inter alia, by means of laboratory tests and on-road tests, on the basis of statistically relevant samples, and shall be supplemented by documentary checks.

When carrying out those tests and inspections, the Commission shall take account of:

(a) established principles of risk assessment;

(b) substantiated complaints; and

(c) any other relevant information, including information exchanged in the Forum, testing results published by recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10), information concerning new technologies on the market and reports resulting from on-road remote sensing.

The Commission may entrust the performance of tests or inspections to technical services, in which case, the technical service shall be acting on behalf of the Commission. Where the Commission entrusts the performance of tests or inspections to technical services for the purposes of this Article, the Commission shall ensure that the technical service that is used is not the same as the technical service that performed the original type-approval test.

Those tests and inspections may take place:

(a) on new vehicles supplied by manufacturers or other economic operator, as provided for in paragraph 2;

(b) on registered vehicles with the agreement of the holder of the vehicle registration certificate.

2. Manufacturers holding type-approvals or other economic operators shall, upon request, supply to the Commission, in return for fair compensation, a statistically relevant number of production vehicles, systems, components and separate technical units selected by the Commission that are representative for the vehicles, systems, components and separate technical units available for placing on the market under that type-approval. Such vehicles, systems, components and separate technical units shall be supplied for testing at the time and place, and for such period, as required by the Commission.

3. Before the Commission carries out its tests and inspections, it shall notify the Member State that granted the type-approval and the Member State where the vehicle, system, component or separate technical unit was made available on the market.

The Member States shall cooperate with the Commission when the Commission carries out the tests and inspections.

4. For the purpose of enabling the Commission to carry out the tests and inspections under this Article, Member States shall without undue delay make available to the Commission the necessary information related to the type-approval of the vehicles, systems, components and separate technical units that are subject to compliance verification. That information shall include at least the information included in the EU type-approval certificate and its attachments referred to in Article 28(1).

5. Manufacturers shall make available to the Commission, free of charge and without undue delay, any data which are needed for the purpose of compliance verification and which are not available in the EU type-approval certificate and its attachments referred to in Article 28(1).

Such data shall include all parameters and settings that are necessary to accurately replicate the test conditions that applied at the time of the type-approval testing. The Commission shall adopt implementing acts specifying the data that are to be made available, subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national law. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).

6. Where the Commission establishes that the vehicles, systems, components or separate technical units do not comply with the type-approval requirements laid down in this Regulation, that the vehicles, systems, components or separate technical unit do not comply with the type-approval or that the type-approval has been granted on the basis of incorrect data, it shall initiate the procedure provided for in Articles 53 or 54.

Where the tests and inspections call into question the correctness of the type-approval itself, the Commission shall immediately inform the approval authority or authorities concerned as well as the Forum.

The Commission shall inform the relevant approval authorities and market surveillance authorities in order for them to take appropriate measures to alert users within the Union, within an adequate timeframe, of any non-compliance that it has identified in relation to any vehicle, system, component or separate technical unit so as to prevent or reduce the risk of injury or other damage.

The Commission shall make publicly available a report of its findings following any compliance verification testing it has carried out and shall forward its findings to the Member States and to the Forum. That report shall contain details of the vehicles, systems, components and separate technical units that were assessed and the identity of the manufacturer concerned, as well as a short description of the findings, including the nature of the non-compliance, if any.

Article 10 Assessments by the Commission

1. The Commission shall organise and carry out assessments of the procedures put in place by approval authorities that have granted EU type-approvals within the five years preceding the assessment, in particular of the procedures for granting type-approvals, for carrying out conformity of production and for the designation and monitoring of technical services. Such assessments shall include an evaluation, using a random sample, of the compliance of granted type-approvals with applicable requirements referred to in point (c) of Article 26(2) within the five years preceding the assessment.

2. The assessments shall aim to assist the approval authorities that grant EU type-approvals to ensure the uniform application of this Regulation and to share best practices.

3. The assessments shall be carried out in compliance with the law of the Member State concerned, with due regard for the rights of the authorities concerned, and shall comply with the principle of proportionality. The Commission shall carry out its duties independently and impartially, and shall observe confidentiality in order to protect commercial secrets in accordance with the applicable law. The Commission shall bear the costs arising from such assessments.

4. The approval authorities concerned shall facilitate the assessment by cooperating with the Commission, giving it any necessary assistance and providing it with any necessary documentation.

5. The Commission shall ensure that the personnel participating in the assessment are sufficiently qualified and adequately instructed. The Commission shall, a sufficient time before the assessment, inform the Member States and the approval authorities concerned of the date on which the assessment is to begin and the identity of the personnel who are to carry out the assessment. The duration of the assessment at the premises of the approval authority concerned shall not normally exceed two days, and shall not in any case exceed three days.

6. Each approval authority that has granted at least one EU type-approval during a five year period shall be assessed by the Commission once during that period.

By way of derogation from the first subparagraph, the assessment of an approval authority may be less frequent if the Commission considers that the first assessment of that authority demonstrates that the procedures put in place ensure the effective application of this Regulation, taking into account the scope and range of EU type-approvals granted.

7. The Commission shall communicate the outcome of the assessment, including any recommendations, to the Forum and shall make a summary of the outcome publicly available. The Forum shall examine the outcome of the assessment.

8. The Member States shall report to the Commission and to the Forum on how they address any recommendations included in the outcome of the assessment.

9. Taking duly into account the considerations of the Forum, the Commission shall adopt implementing acts laying down common criteria for setting out the scope of, and the methodology used for, the assessment, the composition of the assessment team, the plan for the assessments covering a period of at least five years and the specific conditions under which the frequency of such assessments may be reduced. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).

Article 11 Forum for Exchange of Information on Enforcement

1. The Commission shall establish, chair and manage a Forum for Exchange of Information on Enforcement (‘the Forum’).

The Forum shall be composed of representatives appointed by each Member State representing their approval authorities and market surveillance authorities.

Whenever appropriate, technical services, recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10), representatives of the European Parliament, of the industry and of the relevant economic operators, as well as of stakeholders involved in safety and environment matters, may be invited as observers to the Forum in accordance with the rules of procedures referred to in paragraph 7 of this Article.

The advisory tasks of the Forum shall have as their objective the promotion of best practices in order to facilitate the uniform interpretation and implementation of this Regulation, the exchange of information on enforcement problems, cooperation, in particular regarding the assessment, designation and monitoring of technical services, the development of working methods and tools, the development of an electronic information exchange procedure, and the evaluation of harmonised enforcement projects and penalties.

2. The Forum shall consider:

(a) matters related to the uniform interpretation of the requirements laid down in this Regulation and in the regulatory acts listed in Annex II during implementation of those requirements;

(b) the results of the activities relating to type-approval and market surveillance that were carried out by Member States in accordance with Article 6(8) and (9);

(c) the results of tests and inspections carried out by the Commission in accordance with Article 9;

(d) the assessments carried out by the Commission in accordance with Article 10;

(e) test reports regarding possible non-compliance presented by recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10);

(f) the results of the conformity of production activities carried out by approval authorities in accordance with Article 31;

(g) the information submitted by Member States under Article 67(6) on their procedures for the assessment, designation and notification of technical services and for the monitoring of technical services;

(h) matters of general relevance with regard to the implementation of the requirements laid down in this Regulation in relation to the assessment, designation and monitoring of technical services in accordance with Articles 67(10) and 78(4);

(i) infringements by economic operators;

(j) implementation of the corrective or restrictive measures laid down in Chapter XI;

(k) the planning, coordination and results of market surveillance activities;

(l) matters regarding access to vehicle OBD information and vehicle repair and maintenance information set out in Chapter XIV and, in particular, matters regarding the implementation of the procedures established under Article 65.

3. On the basis of the reports submitted by Member States in accordance with Article 8(7), the Commission shall make a summary report on market surveillance activities publicly available on a two-yearly basis.

4. Each year the Commission shall present a summary of the activities of the Forum to the European Parliament.

5. As part of its advisory task and taking into account the outcome of the considerations under paragraph 2, the Forum may express an opinion or issue a recommendation.

When expressing an opinion or issuing recommendations the Forum shall endeavour to reach a consensus. If no such consensus can be reached, the Forum shall express its opinion or issue its recommendations by a simple majority of the Member States. Each Member State shall have one vote. Member States with diverging positions may request that their positions and the grounds on which they are based be recorded in the Forum's opinion or recommendations.

6. When adopting implementing acts, the Commission shall duly take into account the opinions expressed by the Forum in accordance with paragraph 5.

7. The Forum shall establish its rules of procedure.

Article 12 Online data exchange

1. The Commission and the Member States shall use the common secure electronic exchange system referred to in Article 27 for EU type-approval certificates and their attachments referred to in Article 28(1), including for any test reports as well as amendments, refusals or withdrawals of any EU type-approval.

The Commission and Member States shall use the Rapid Information System (RAPEX), established under Directive 2001/95/EC of the European Parliament and of the Council(2) and the Information and Communication System on Market Surveillance (ICSMS), established under Regulation (EC) No 765/2008 for market surveillance, recalls and other relevant activities between market surveillance authorities, Member States and the Commission.

2. From 5 July 2026, Member States shall make accessible to the public, by vehicle identification number, the certificate of conformity of each vehicle as structured data in electronic format in the common secure electronic exchange system, in accordance with Article 37.

From 5 July 2026, Member States shall make accessible to the public the information contained in the certificate of conformity, excluding vehicle identification numbers, as structured data in electronic format in the common secure electronic exchange system, in accordance with Article 37.

The Commission shall adopt implementing acts establishing the format of, and the criteria for public access to, the information referred to in the first and second subparagraphs of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).

3. The Commission shall take all necessary measures to establish an interface between the common secure electronic exchange system referred to in Article 27, RAPEX and ICSMS in order to facilitate market surveillance activities and ensure coordination, consistency and accuracy of the information provided to consumers and third parties.

4. Member States shall use the common secure electronic exchange system referred to in Article 27, in order to make a list of the EU type-approvals for vehicles, systems, components and separate technical units that they have granted, amended, refused or withdrawn, as well as a list of the technical services which have performed the tests for the respective EU type-approvals, accessible to the public as from 1 September 2022.

The Commission shall adopt implementing acts establishing the format of, and the criteria for public access to, the information referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).

5. The Commission shall develop a tool to make publicly accessible test results and complaints about the performance of vehicles, systems, components and separate technical units from recognised third parties that meet the requirements laid down by the implementing acts referred to in Article 13(10).

Article 13 General obligations of manufacturers

1. Manufacturers shall ensure that the vehicles, systems, components and separate technical units that they have manufactured and that are placed on the market have been manufactured and approved in accordance with the requirements laid down in this Regulation, and in particular, those in Article 5.

2. Manufacturers shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production.

In the case of multi-stage type-approval, manufacturers shall also be responsible for the approval and conformity of production of the systems, components or separate technical units that they have added at the stage of vehicle completion. Manufacturers who modify components, systems or separate technical units already approved at earlier stages shall be responsible for the type-approval and conformity of production of the modified components, systems or separate technical units. Manufacturers of the previous stage shall provide information to manufacturers of the subsequent stage regarding any change that may affect component type-approval, system type-approval or separate technical unit type-approval or the whole-vehicle type-approval. Such information shall be provided as soon as the new extension to the whole-vehicle type-approval has been granted and at the latest on the starting date of manufacture of the incomplete vehicle.

3. Manufacturers who modify an incomplete vehicle in such a manner that it qualifies as a different category of vehicle, with the consequence that the requirements already assessed in a previous stage of type-approval have changed, shall also be responsible for compliance with the requirements applicable to the category of vehicles for which the modified vehicle qualifies.

4. For the purposes of EU type-approval of vehicles, systems, components and separate technical units, a manufacturer established outside the Union shall appoint a single representative established within the Union to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within the Union for the purposes of market surveillance, who may be the same as the representative appointed for the purposes of EU type-approval.

5. Manufacturers shall ensure that their vehicles, systems, components and separate technical units are not designed to incorporate strategies or other means that alter the performance exhibited during test procedures in such a way that they do not comply with this Regulation when operating under conditions that can reasonably be expected in normal operation.

6. Manufacturers shall establish procedures to ensure that series production of vehicles, systems, components and separate technical units remains in conformity with the approved type.

7. Manufacturers shall examine any complaints they receive relating to risks, suspected incidents or non-compliance issues with the vehicles, systems, components, separate technical units, parts and equipment that they have placed on the market.

Manufacturers shall keep a record of such complaints, including for each complaint a description of the issue and the details needed to precisely identify the affected type of vehicle, system, component, separate technical unit, part or equipment, and, in the case of substantiated complaints, manufacturers shall keep their distributors and importers informed thereof.

8. In addition to the statutory plate fixed to their vehicles and type-approval marks fixed to their components or separate technical units in accordance with Article 38, manufacturers shall indicate their name, registered trade name or registered trade mark and their contact address in the Union on their vehicles, components or separate technical units made available on the market or, where that is not possible, on the packaging or in a document accompanying the component or separate technical unit.

9. Manufacturers shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements laid down in this Regulation.

10. Without prejudice to Article 9(5) and subject to the protection of commercial secrets and the preservation of personal data pursuant to Union and national law, manufacturers of vehicles shall make available data which is needed for testing by third parties for possible non-compliance, including all parameters and settings that are necessary to accurately replicate the test conditions that were applied at the time of the type-approval testing.

For the purposes of the first subparagraph of this paragraph, the Commission shall adopt implementing acts specifying the data to be made available free of charge, as well as the requirements to be met by third parties to demonstrate their legitimate interest in the fields of public safety or environmental protection and their recourse to adequate testing facilities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2).

Article 14 Obligations of manufacturers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk

1. Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market or that has entered into service is not in conformity with this Regulation or where the type-approval has been granted on the basis of incorrect data, the manufacturer shall immediately take the corrective measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate.

The manufacturer shall immediately inform the approval authority that granted the type-approval in detail of the non-conformity and of any measures taken.

2. Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide to the approval authorities and market surveillance authorities detailed information on the risk and on any measures taken in relation thereto.

3. Manufacturers shall keep the EU type-approval certificates and their attachments referred to in Article 28(1) for a period of 10 years after the end of validity of the EU type-approval of a vehicle and for a period of five years after the end of validity of the EU type-approval of a system, component or separate technical unit.

Manufacturers of a vehicle shall keep at the disposal of the approval authorities for a period of 10 years from the date of manufacture of the vehicle a copy of the certificates of conformity referred to in Article 36.

4. Manufacturers shall, following a reasoned request from a national authority or the Commission, provide that authority or the Commission, with a copy of the EU type-approval certificate, or the authorisation referred to in Article 55(1) demonstrating conformity of the vehicle, system, component, separate technical unit, part or equipment, in a language that can be easily understood by the national authority or the Commission.

Manufacturers shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.

Article 15 Obligations of manufacturer's representatives

1. The manufacturer's representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall at least, provide for the representative to:

(a) have access to the EU type-approval certificate and its attachments referred to in Article 28(1), and to the certificate of conformity in one of the official Union languages; such documentation shall be made available to the approval authorities and to the market surveillance authorities for a period of 10 years after the end of the validity of the EU type-approval of a vehicle and for a period of five years after the end of validity of the EU type-approval of a system, component or separate technical unit;

(b) provide an approval authority, following a reasoned request from that authority, with all information, documentation and any other technical specifications, including access to software and algorithms, that are necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit;

(c) cooperate with the approval authorities or the market surveillance authorities, at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;

(d) immediately inform the manufacturer about complaints and reports relating to risks, suspected incidents or non-compliance issues that relate to vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;

(e) have the right to terminate the mandate without penalty if the manufacturer acts contrary to its obligations under this Regulation.

2. A manufacturer's representative who terminates the mandate on the grounds referred to in point (e) of paragraph 1 shall immediately inform both the approval authority that granted the type-approval and the Commission.

The information to be provided shall specify at least:

(a) the date of termination of the mandate;

(b) the date until which the outgoing manufacturer's representative may be indicated in the information supplied by the manufacturer, including any promotional material;

(c) the transfer of documents, including confidentiality aspects and property rights;

(d) the obligation of the outgoing manufacturer's representative after the end of the mandate to forward to the manufacturer or incoming manufacturer's representative any complaints or reports about risks and suspected incidents relating to a vehicle, system, component, separate technical unit, part or equipment for which the outgoing manufacturer's representative had been designated as manufacturer's representative.

Article 16 Obligations of importers

1. Importers shall only place on the market vehicles, systems, components or separate technical units that comply with this Regulation.

2. Before placing on the market a type-approved vehicle, system, component or separate technical unit, importers shall verify that it is covered by a valid EU type-approval certificate and that the system, component or separate technical unit bears the required type-approval mark and complies with Article 13(8).

In the case of a vehicle, the importer shall ensure that the vehicle is accompanied by the required certificate of conformity.

3. Where a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation, and in particular where it does not correspond to its type-approval, importers shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity.

4. Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, importers shall inform the manufacturer and the market surveillance authorities thereof. For type-approved vehicles, systems, components and separate technical units, importers shall also inform the approval authority that granted the type-approval.

5. Importers shall indicate their name, registered trade name or registered trade mark, and their contact address on the vehicle, component, separate technical unit, part or equipment, or, where this is not possible, on its packaging or in a document accompanying the component, separate technical unit, part or equipment.

6. Importers shall ensure that the vehicle, system, component or separate technical unit is accompanied by instructions and information, as required by Article 59, in the official language or languages of the Member States concerned.

7. To protect the health and safety of consumers, importers shall keep a record of complaints and recalls relating to vehicles, systems, components, separate technical units, parts or equipment that they have placed on the market, and shall keep their distributors informed of such complaints and recalls.

8. Importers shall immediately inform the relevant manufacturer of any complaints they received regarding risks, suspected incidents or non-compliance issues relating to vehicles, systems, components, separate technical units, parts or equipment that they have placed on the market.

9. Importers shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements laid down in this Regulation.

Article 17 Obligations of importers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk

1. Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market by importers is not in conformity with this Regulation, importers shall immediately take the corrective measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity under the manufacturer's supervision, to withdraw it from the market or to recall it, as appropriate. Importers shall also inform the manufacturer and the approval authority that granted the EU type-approval.

2. Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market presents a serious risk, importers shall immediately provide detailed information on the serious risk to the manufacturers and the approval authorities and market surveillance authorities.

Importers shall also inform the approval authorities and market surveillance authorities of any action taken and give details, in particular of the serious risk and of any measure taken by the manufacturer.

3. Importers shall, for a period of 10 years after the end of the validity of EU type-approval of a vehicle and for a period of five years after the end of the validity of the EU type-approval of a system, component or separate technical unit, keep a copy of the EU type-approval certificate and its attachments referred to in Article 28(1), and shall ensure that they can be made available to the approval authorities and market surveillance authorities upon request.

4. Importers shall, following a reasoned request from a national authority, provide that authority with all information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit, in a language that can be easily understood by that authority.

Importers shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.

Article 18 Obligations of distributors

1. Distributors shall verify, before making available on the market a vehicle, system, component or separate technical unit, that the vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, as required by Article 59, in the official language or languages of the relevant Member State, and that the manufacturer and the importer have complied with the requirements set out in Article 13(8) and Article 16(5) respectively.

2. Distributors shall immediately inform the relevant manufacturer of any complaints they received relating to risks, suspected incidents or non-compliance issues with vehicles, systems, components, separate technical units, parts or equipment that they have made available on the market.

3. Distributors shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements laid down in this Regulation.

Article 19 Obligations of distributors concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk

1. Where a vehicle, system, component, separate technical unit, part or equipment is not in conformity with the requirements of this Regulation, distributors shall inform the manufacturer, the importer and the approval authority that granted the EU type-approval in respect thereof, and shall not make available on the market the vehicle, system, component, separate technical unit, part or equipment until it has been brought into conformity.

2. Where a vehicle, system, component, separate technical unit, part or equipment that distributors have made available on the market is not in conformity with this Regulation, they shall inform the manufacturer, the importer and the approval authority that granted the EU type-approval.

3. Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, distributors shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval authorities and the market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market.

Distributors shall also inform them of any action taken and give details of any measure taken by the manufacturer.

4. Distributors shall, following a reasoned request from a national authority, cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.

Article 20 Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Articles 8, 13 and 14, in the following cases:

(a)

where the importer or distributor makes available on the market, or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark, or modifies a vehicle, system, component or separate technical unit in such a way that the vehicle, system, component or separate technical unit may no longer comply with the applicable requirements; or

(b)

where the importer or distributor makes available on the market or is responsible for the entry into service of a system, component or separate technical unit on the basis of a UN type-approval that was granted to a manufacturer outside the Union, and it is not possible to identify a manufacturer's representative in the territory of the Union.

Article 21 Identification of economic operators

Upon a request of an approval authority or a market surveillance authority, for a period of 10 years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:

(a)

the identity of any economic operator that has supplied them with a vehicle, system, component, separate technical unit, part or equipment;

(b)

the identity of any economic operator to which they have supplied a vehicle, system, component, separate technical unit, part or equipment.

(1)

Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59).

(2)

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).