Responsibilities of the vehicle manufacturer, the approval authority and the Commission with regard to the conformity of simulation tool operation
1. Vehicle manufacturers shall take the necessary measures to ensure that the processes set up to assess the performance of the vehicle with regard to its influence on the CO 2 emissions and fuel consumption of motor vehicles covered by the licence granted pursuant to Article 6 continue to be adequate for that purpose.
2. Approval authorities shall perform the assessment referred to in Annex II, Point 2 annually to verify whether the processes set up by vehicle manufacturers for assessing the performance of the vehicle with regard to its influence on the CO 2 emissions and fuel consumption of motor vehicles continue to be adequate and to verify the selection of the input information and input data and the repetition of the simulations performed by the vehicle manufacturer.
Approval authorities may carry out the assessment more than once per year, but not more than four times a year, where they consider such assessments justified.
Remedial measures for the conformity of simulation tool operation
1. Approval authorities that find, pursuant to Article 20(2), that the processes set up by the vehicle manufacturer to assess the performance of the vehicle with regard to its influence on the CO 2 emissions and fuel consumption of motor vehicles are not in accordance with the licence or may lead to an incorrect assessment of that performance of the vehicles concerned shall request the vehicle manufacturer to submit a plan of remedial measures no later than one month after receipt of the request from the approval authority. Approval authorities may extend the period with up to one month where the vehicle manufacturer demonstrates that more time is necessary to submit the plan of remedial measures.
2. Approval authorities shall approve or reject the plan of remedial measures referred to in paragraph 1 within one month of its receipt. Approval authorities shall notify the vehicle manufacturer concerned and all the other Member States of its decision.
Approval authorities may require vehicle manufacturers to issue a new manufacturer's records file, customer information file, individual approval certificate and certificate of conformity on the basis of a new assessment of the performance of the vehicle with regard to its influence on the CO 2 emissions and fuel consumption reflecting the changes implemented in accordance with the approved plan of remedial measures referred to in paragraph 1.
3. The vehicle manufacturer shall be responsible for the execution of the approved plan of remedial measures referred to in paragraph 1.
4. Where the plan of remedial measures referred to in paragraph 1 has been rejected by the approval authority, or where the approval authority has established that the remedial measures are not applied correctly, the approval authority shall take the necessary measures to ensure the conformity of simulation tool operation or withdraw the licence.
Responsibilities of the manufacturer and of the approval authority with regard to the conformity of CO 2 emissions and fuel consumption related properties of the aerodynamic devices
Manufacturers of aerodynamic devices shall take the necessary measures in accordance with Annex IV, Point 3 to Regulation (EU) 2018/858 to ensure that the CO 2 emissions and fuel consumption related properties of the aerodynamic devices referred to in Article 11(1), point (a), which have been the subject of certification in accordance with Article 17, do not deviate from the certified values.
Remedial measures for the conformity of CO 2 emissions and fuel consumption related properties of aerodynamic devices
1. Approval authorities that find, pursuant to Articles 20 and 21, that the measures taken by the manufacturer to ensure the compliance of the aerodynamic devices, referred to in Article 11(1) point (a) and certified in accordance with Article 17, are not adequate, shall request the manufacturer of those aerodynamic devices to submit a plan of remedial measures no later than one month after receipt of the request by that manufacturer. Approval authorities may extend that period with up to one month where the manufacturer of those aerodynamic devices demonstrates that more time is necessary to submit the plan of remedial measures.
2. The plan of remedial measures shall apply to all the aerodynamic devices or, if applicable, to their respective families, which have been identified by the approval authority in its request.
3. Approval authorities shall approve or reject the plan of remedial measures within one month of its receipt. Approval authorities shall notify the manufacturer of the aerodynamic devices and all the other Member States of its decision to approve or reject the plan of remedial measures.
Approval authorities may require vehicle manufacturers who installed the aerodynamic devices concerned in their vehicles to issue a new manufacturer's records file, customers information file, individual vehicle approval certificate and certificate of conformity on the basis of the CO 2 emissions and fuel consumption related properties of those aerodynamic devices obtained by means of the measures referred to in Article 22.
4. The manufacturers of the aerodynamic devices concerned shall be responsible for the execution of the approved plan of remedial measures.
5. The manufacturers of the aerodynamic devices concerned shall keep a record of every aerodynamic device recalled and repaired or modified and of the workshop which performed the repair. Approval authorities 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. An approval authority that rejects the plan of remedial measures or establishes that the remedial measures are not correctly applied shall take the necessary measures to ensure the conformity of CO 2 emissions and fuel consumption related properties of the family of aerodynamic devices concerned or withdraw the certificate on CO 2 emissions and fuel consumption related properties.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
