Commission Implementing Regulation (EU) 2022/163 of 7 February 2022 laying down rules on the application of Regulation (EU) 2018/858 of the European Parliament and of the Council as regards functional requirements for market surveillance of vehicles, systems, components and separate technical units

• CELEX: Implementing Regulation (EU) 2022/163
• Articles: 9

Article 1 Criteria for establishing the adequate scale of the compliance verification checks

The adequate scale of the compliance verification checks of vehicles, systems, components and separate technical units performed by the market surveillance authorities shall be established based on the following criteria:

(a)

the frequency of documentary checks on vehicles, systems, components and separate technical units carried out on vehicles registered in the relevant Member State in the preceding year;

(b)

the number of tests per year taking into account the requirements set out in Article 8(2) and (3) of Regulation (EU) 2018/858;

(c)

a hazard ranking of the regulatory acts listed in Annex II to Regulation (EU) 2018/858, based on the risk and the likelihood of the hazard occurring;

(d)

the number of new vehicles registered in the relevant Member State in the preceding year, by make and commercial name;

(e)

the substantiated complaints per make and commercial name of vehicles in the previous three years;

(f)

information exchanged in the Forum in the previous three years;

(g)

testing results published by third parties in the previous three years, that meet the requirements laid down in Article 6;

(h)

the percentage of tests allocated to the number of vehicles registered and the percentage of tests allocated to random sampling.

Article 2 Format of the overview of planned market surveillance checks

The overview of planned market surveillance checks referred to in Article 8(6) of Regulation (EU) 2018/858 shall be submitted to the Forum in the format set out in Annex I to this Regulation.

Article 3 Format of the report of the findings following compliance verification checks

The report of the findings following compliance verification checks referred to in Article 8(7) of Regulation (EU) 2018/858 shall be submitted to the Forum in the format set out in Annex II to this Regulation.

Article 4 Data to be made available by manufacturers to the Commission for the purpose of compliance verification

The data to be made available by manufacturers to the Commission in order to enable it to carry out the tests and inspections under Article 9 of Regulation (EU) 2018/858 shall include the following:

(a)

the parameters and settings that are necessary to accurately replicate the test conditions that applied at the time of the type-approval testing, including all test reports referred to in Article 30 of Regulation (EU) 2018/858 and the information relevant to perform the tests and checks required pursuant to that Regulation (EU) 2018/858 and the regulatory acts listed in Annex II to that Regulation;

(b)

extended documentation packages required under the regulatory acts listed in Annex II to Regulation (EU) 2018/858, including information on auxiliary emission strategies (AES) in accordance with Commission Regulation (EU) 2017/1151, Annex I, Appendix 3a  ( 3 ) ;

(c)

the package on testing transparency required for testing vehicles for emissions described in Regulation (EU) 2017/1151, Annex II, point 5.9;

(d)

a copy of the certificate of conformity of each vehicle to be tested;

(e)

all other relevant technical information needed to perform tests.

Article 5 Data to be made available by manufacturers to third parties for the purpose of testing for possible non-compliance

The data to be made available by manufacturers to third parties under Article 13(10) of Regulation (EU) 2018/858 shall include the following:

(a)

the parameters and settings that are necessary to accurately replicate the test conditions that applied at the time of the type-approval testing, including all test reports referred to in Article 30 of Regulation (EU) 2018/858 and the information relevant to perform the tests and checks required pursuant to that Regulation (EU) 2018/858 and the regulatory acts listed in Annex II to that Regulation;

(b)

extended documentation packages required under the regulatory acts listed in Annex II to Regulation (EU) 2018/858, including information on AES in accordance with Regulation (EU) 2017/1151, Annex I, Appendix 3a and Commission Regulation (EU) No 582/2011, Annex I, Appendix 11  ( 4 ) ;

(c)

the package on testing transparency required for testing vehicles for emissions described in Regulation (EU) 2017/1151, Annex II, point 5.9;

(d)

a copy of the certificate of conformity of each vehicle to be tested;

(e)

all other relevant technical information needed to perform tests.

Article 6 Requirements for third parties to demonstrate their legitimate interest and their recourse to adequate testing facilities

1.   For the purposes of demonstrating their legitimate interests in the fields of public safety or environmental protection pursuant to Article 13(10) of Regulation (EU) 2018/858, third parties shall fulfil the following requirements:

(a)

they are a natural or legal person established under the law of a Member State;

(b)

they shall be non-governmental and non-profit-making;

(c)

they shall not be involved in aspects of the type-approval or in the process of the design, manufacturing, supply or maintenance of a vehicle, system, component or separate technical unit;

(d)

they shall provide a declaration stating that they observe confidentiality in the context of the protection of commercial secrets and the preservation of personal data and that their personnel observe professional secrecy with regard to all information provided by the manufacturers, including the EU type-approval certificate and its attachments and the data made available in accordance with Article 5;

(e)

they shall demonstrate that they have recourse to adequate testing facilities in accordance with the requirements of paragraph 2 of this Article.

2.   For the purposes of demonstrating that third parties have recourse to adequate testing facilities for the purposes of compliance checks and tests, these facilities shall fulfil the following requirements:

(a)

they are not involved in the process of the design, manufacturing, supply or maintenance of the vehicle, system, component or separate technical unit that they assess, test or inspect;

(b)

they are accredited in accordance with the requirements set out in standard EN ISO/IEC 17025:2017 on the general requirements for the competence of testing and calibration laboratories and the scope of that accreditation covers the tests it carries out under the regulatory acts listed in Annex II to Regulation (EU) 2018/858;

(c)

they are accredited in accordance with the requirements set out in standard EN ISO/IEC 17020:2012 on general criteria for the operation of various types of bodies performing inspection or alternatively the purpose of the accreditation according to EN ISO/IEC 17025:2017 is extended to cover the inspection procedure;

(d)

they shall provide a declaration stating that they observe confidentiality in the context of the protection of commercial secrets and the preservation of personal data and that their personnel observe professional secrecy with regard to all information provided by the manufacturers, including the EU type-approval certificate and its attachments and the data made available in accordance with Article 5.

Article 7 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 .

Schedules & Appendices

ANNEX I Format of the comprehensive overview of planned market surveillance checks

ANNEX I

Format of the comprehensive overview of planned market surveillance checks

(To be completed by the Member State and submitted to the Forum no later than 1 March)

Member State: …

Name of market surveillance authority: …

Person of contact within the authority (name, email and telephone number): …

Period covered DD.MM.YYYY – DD.MM.YYYY

Member State  ( 1 ) :

Make  ( 2 ) :

Commercial name  ( 3 ) :

Variant/version  ( 4 )

Category of vehicle  ( 5 ) or system, component and separate technical unit:

Regulatory act(s)  ( 6 )

Subject(s)  ( 7 )

Documentary checks/laboratory tests/on-road tests:

Planned starting period:

Remarks:

( 1 )   The distinguishing number of the Member State that has issued the type-approval as provided in the table of Regulation (EU) 2020/683, Annex IV, point 2.1.

( 2 )   Trade name of the manufacturer set out in point 0.1 of the EU whole vehicle type-approval certificate.

( 3 )   The commercial name set out in point 0.2.1 of the EU whole vehicle type-approval certificate.

( 4 )   Where applicable.

( 5 )   Category of vehicle (e.g. M1, N1).

( 6 )   Applicable regulatory acts listed in Annex II to Regulation (EU) 2018/858.

( 7 )   Subject of the applicable regulatory acts listed in Annex II to Regulation (EU) 2018/858.

ANNEX II Format of the report of the findings on compliance verification checks

ANNEX II

Format of the report of the findings on compliance verification checks

(to be completed by the Member State and submitted to the Forum by 30 September of the year following the end of the 2-year period concerned)

1.

Information:

Member State: …

Name of market surveillance authority: …

Period covered: DD.MM.YYYY – DD.MM.YYYY

2.

General: (market surveillance organisation and infrastructure)

—

Responsible ministry for this sector;

—

Name and contact details of the competent Market Surveillance Authority

(their address; including their electronic address (email), and their areas of responsibility);

—

Number of automotive market surveillance staff;

—

Test resources (own or external laboratory);

—

Clarification how is ensured the market surveillance authorities carry out their duties independently and impartially.

—

…

3.

Member States explanation of their established risk assessment principles:

—

a brief explanation of the risk assessment principles established;

—

an overview of the criteria used for the risk assessment;

—

explanation on effective coordination of activities between national authorities;

—

…

4.

Overview activities carried out during the previous planning period:

—

Total number of carried out market surveillance checks per year;

—

Number of identified non-compliances per year and per type of vehicle;

—

Specific information with regards to the identified non-compliances per year (applicable legislation/subject) and identified trends in non-compliances;

—

Number of open corrective and restrictive measures with regards to identified non-compliances per year;

—

Number and amount of money of penalties imposed by the Member States per year and per legislation;

—

…

5.

Findings/analyses:

—

Strengths & Weaknesses (internal – micro level) of Market Surveillance Authority;

—

Opportunities & Threats (external – meso and macro level) based on findings and non-compliances through market surveillance checks;

—

Lessons learned (internal – micro level);

—

Lessons learned (external – meso and macro level);

6.

Measures and actions:

—

Internal (micro level) measures and actions planned for the next 2 years;

—

External (meso and macro level) measures and actions planned for the next 2 years;

—

…

7.

Remarks: