UncategorizedEU: Draft Commission Delegated Regulation regarding the imposition of administrative fines for non-compliance of vehicles, their systems and parts

March 1, 20220

EU: Draft Commission Delegated Regulation regarding the imposition of administrative fines for non-compliance of vehicles, their systems and parts

 

The EU has published a Commission Delegated Regulation (EU) …/… supplementing Regulation (EU) 2018/858 of the European Parliament and of the Council as regards the procedure for the imposition of administrative fines and the methods for their calculation and collection.

The EU Commission is empowered under Regulation (EU) 2018/858 to lay down the procedure and methods for the calculation and collection of the administrative fines that can be imposed upon the concerned economic operators for non-compliance of the vehicle, system, component or separate technical unit.  When the Commission takes decisions in accordance with Article 53, it may impose administrative fines upon the concerned economic operators for non-compliance of the vehicle, system, component or separate technical unit with the requirements laid down in this Regulation. The administrative fines provided for shall be effective, proportionate and dissuasive. In particular the fines shall be proportionate to the number of non-compliant vehicles registered in the Union market, or the number of non-compliant systems, components or separate technical unit made available on the Union market.

The draft Delegated Regulation lays down a method for the calculation of administrative fines according to the gravity of non-compliance.

Before imposing an administrative fine pursuant to Article 85(1) in conjunction with Article 53 of Regulation (EU) 2018/858 upon an economic operator, the Commission shall notify the economic operator and the Member States concerned in writing of its intention to impose an administrative fine, and state the reasons for intending to do so.

For the purpose of calculating the amount of administrative fines the Commission shall estimate the following amounts:

(a) the economic advantage or other advantage obtained by the economic operator as a result of the non-compliance;

(b) where possible, the losses to consumers as a result of the non-compliance.

The advantages and losses thus assessed shall form the basis for the calculation of administrative fines. Where an advantage for the economic operator also constitutes a loss to consumers, it shall only be taken into account once.

When calculating the amount of administrative fines, the Commission shall take into account any aggravating or mitigating factors and other factors.

The aggravating factors shall include the following elements:

(a) the impact on the health and safety of persons or the negative impact on the environment due to the lowering of performance requirements of a vehicle;

(b) the degree of negligence or intent of the economic operator including any attempt by the economic operator to hide or conceal relevant information for the establishment of non-compliance;

(c) any unjustified refusal by the economic operator to provide information or evidence requested by the Commission.

The mitigating factors shall include the following elements:

(a) the efforts and co-operation of the economic operator in the detection of non-compliance;

(b) any self-initiated corrective actions taken by the economic operator including their promptness;

(c) any other reasonable and relevant mitigating factor demonstrated with appropriate evidence by the economic operator;

The full text of the draft can be accessed HERE.

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