Idske Dijkstra / RDW / EReg 21 March Brussels, EReg Topic Group XII CoC

1. New Implementing Regulation DG Enterprise on the Administrative Requirementsfor the approval and market surveillance of 2- or 3-wheel vehicles and quadricycles (RAR)Update Idske Dijkstra / RDW / EReg 21 March Brussels, EReg Topic Group XII CoC

2. Changes in legislation Background • Meeting of EReg/EUCARIS, DG ENTR and DG MOVE on 25 April 2012 • CoC data exchange model was presented • Draft dataset was distributed • Much interest DG ENTR for final layout • EReg was invited to make a proposal for the required changes in the legislation (2007/46 and equivalent legislation) • During TG XII meeting in Luxemburg a proposal was discussed • Draft proposal was sent informally to COM in August • Final proposal was sent in September

3. Changes in legislation Background In the meantime • DG ENTR finalised Regulation on the approval and market surveillance of 2- or 3-wheel vehicles and quadricycles • DG ENTR drafted the Implementing Regulation on the Administrative Requirements (RAR) for the approval and market surveillance of 2- or 3-wheel vehicles or quadricycles • EReg/TAAM was consulted in August by DG ENTR • Input of Luxembourg Meeting was discussed

4. Changes in legislation Background • DG ENTR suggested to offer informally a draft RAR to discuss and improve by EReg/TAAM Topic Group • 28 September the first concept of the RAR was discussed in the MCWG • EReg/TAAM Topic Group was invited to present the CoC exchange model • Working documents on Circa http://circa.europa.eu/Public/irc/enterprise/automotive/library?l=/commission_expert/mcwg_motorcycle&vm=detailed&sb=Title • Remarks could be sent until 16 November

5. Proposal for Delegated RAR Sent on 16 November Proposed text Implementing Regulation, Annex IV, paragraph 1.2 by EReg/TAAM: • The vehicle manufacturer or his duly accredited representative shall • in agreement with the approval authority • and in addition to the paper version of the certificate of conformity which shall in any case be provided to the end user of the vehicle in question • send an electronic message to the approval authority who has issued the EU vehicle type-approval • containing the identical information as stated on the certificate of conformity of the vehicle in question. • The type approval authority shall validate the certificate of conformity on request of the registration authority. • The message, the exchange mechanism and the validation process shall conform to the guidelines and specifications as laid down by the Association of European Vehicle and Driver Registration Authorities and the Type Approval Authorities Meeting. • The electronic information (i.e. the message) shall forthwith be communicated to any authority requesting the electronic data for vehicle registration or re-registration purposes, upon request.

6. Steps after 16-11-12 03-12-12 Meeting DG ENTR and TAAM/EReg - Text was discussed and agreed 01-02-13 Some difficulties were encountered by the Commission: • Concerns about the content of the CoC, as some of the information requested on it is not relevant to L-Cat vehicles but to other type of vehicles, as tractors, heavy duty or M and N vehicles. • Both electronic and paper format should contain the same information • Regarding the electronic interchange of data, it will be stated in the RAR that EReg/TAAM will establish the system for it, so COM thinks that no further clarificationis needed 08-02-13 Conference call 20-02-13 Flash report 08-03-13 Input EUCARIS regarding costs

7. Input EUCARIS CostsEUCARIS: • € 66.500,- for the development of the first basic functionality • = € 39.101 in 2012 and € 27.397 in 2013 • Estimation of € 140.000 for additional development and especially the support of the MS • At the end less then € 10.000 per MS. • The yearly fee for EUCARIS (€ 10.000 in 2013) is already paid by all MS, because of Prüm. • A specific yearly fee for the usage of the CoC services is currently not foreseen. • No costs are charged for the data exchange itself (no costs per message) • EUCARIS will not charge the manufacturers for the deliverance of CoCs. • Storage of CoCs will be concentrated at a limited number of databases, outside EUCARIS; probably the costs for storage will be shared by the MS involved; a financial model will be discussed within EReg/TAAM. • Validation of CoCs in relation to an electronic Type Approval Registration will probably also be charged by the MS able to carry out such a validation to the MS requesting for such a service. Here too, the financial model has to be discussed within EReg/TAAM and is outside EUCARIS.

8. Next steps • It has been agreed that COM will send to EReg/EUCARIS the CoC established on the Regulation of Administrative Provisions (RAR) in order for EReg tomake a study of the inputs they need to add to the data base • …….. • ……..

10. Changes in legislation Draft proposal Luxembourg Directive 2007/46/EC 1.1 – Change article 3 (Definitions) by adding the definition for “vehicle registration authority” 1.2 – Change article 4 (Obligations of Member States) by adding a new paragraph 5 with the following intention: The approval authority as mentioned in paragraph 4 develops and maintains a register in which the announcements as mentioned in article 18, paragraph 7 and the data of the individual approval certificates as mentioned in article 24, can be registered in an electronic way.The approval authority communicates the information via electronic means at the request of the other approval authorities and vehicle registration authorities of the Member States, according the requirements in annex ???. 1.3 – Change article 18 (Certificate of conformity), paragraph 7 with the following intention: Without prejudice to paragraph 1, the manufacturer shall announce the data or information as enclosed in the certicate of conformity, via electronic means to the approval authority that issued the underlying type-approval certificate. This announcement is given the same rights as the certificate of conformity. The announcement has to be in accordance with the requirements in annex ???.

11. Changes in legislation Draft proposal Luxembourg Directive 2007/46/EC 1.4 – Change article 26 (Registration, sale and entry into service of vehicles) by adding a new paragraph 4 with the following intention: In case information of a vehicle is registered in a register as mentioned in article 4, paragraph 5, this information has to be taken into account. The data or information can be obtained according the requirements in annex ???. 1.5 – Adding a new annex with the following intention: • Message layout. • Exchange mechanism (see for an example chapter 3 of the annex of Council Decision 2008/616/JHA). • With extra attention for: • Mandatory (CoC) and optional data (additional technical and national data); • Coding of the information – as much as possible; • Usage of English as official language for the data exchange • Implementation and change procudere of the dataset and the requirements as mentioned in this new annex.

12. Changes in legislation Draft proposal Luxembourg Directive 2003/37 2.1 – Change article 2 (Definitions) by adding the definition for “vehicle registration authority” 2.2 – Change article 6 (Certificate of conformity and EC type-approval mark) by adding a new paragraph 5 with the following intention: Without prejudice to paragraph 1, the manufacturer shall announce the data or information as enclosed in the certificate of conformity, via electronic means to the EC type-approval authority that issued the underlying EC type-approval. This announcement is given the same rights as the certificate of conformity. The EC type-approval authority develops and maintains a register in which the announcements can be registered in an electronic way. The EC type-approval authority communicates the information via electronic means at the request of the other EC type-approval authorities and vehicle registration authorities of the Member Sates, according the requirements in annex ???.

13. Changes in legislation Draft proposal Luxembourg Directive 2003/37 2.3 – Change article 7 (Registration, sale and entry into service) by adding a new paragraph 3 with the following intention: In case information of a vehicle is registered in a register as mentioned in article 6, paragraph 5, this information has to be taken into account. The data or information can be obtained according the requirements in annex ???. 2.4 – Adding a new annex (see 1.5).

14. Changes in legislation Draft proposal Luxembourg Directive 2002/24 3.1 – Change article 2 of chapter I (Scope and definitions) by adding the definition for “vehicle registration authority” 3.2 – Change article 7 of chapter II (Procedures for granting type-approval) by adding a new paragraph 7 with the following intention: Without prejudice to paragraph 1, the manufacturer shall announce the data or information as enclosed in the certificate of conformity, via electronic means to the type-approval authority that issued the underlying EC type-approval. This announcement is given the same rights as the certificate of conformity. The EC type-approval authority develops and maintains a register in which the announcements can be registered in an electronic way. The EC type-approval authority communicates the information via electronic means at the request of the other EC type-approval authorities and vehicle registration authorities of the Member Sates, according the requierments in annex ???.

15. Changes in legislation Draft proposal Luxembourg Directive 2002/24 3.3 – Change article 15 of chapter III (Conditions attached to free movement, provisional arrangements, exemptions and alternative procedures) by adding a new paragraph 5 with the following intention:` In case information of a vehicle is registered in a register as mentioned in article 7, paragraph 7, this information has to be taken into account. The data or information can be obtained according the requirements in annex ???. 3.4 – Adding a new annex (see 1.5).