Directive 2014/45/EU of the European Parliament and of the CouncilShow full title

CHAPTER IV ADMINISTRATIVE PROVISIONS

Article 11 Testing facilities and equipment

1. Member States shall ensure that testing facilities and equipment used for carrying out roadworthiness tests comply with the minimum technical requirements laid down in Annex III.

2. Member States shall ensure that the testing centres or, if relevant, the competent authority maintain the testing facilities and equipment in accordance with the specifications provided by the manufacturers.

3. Equipment used for measurements shall be periodically calibrated in line with Annex III and verified in accordance with the specifications provided by the Member State concerned or by the manufacturer of the equipment.

Article 12 Testing centres

1. Testing centres in which inspectors perform roadworthiness tests shall be authorised by a Member State or by its competent authority.

2. To meet minimum requirements in terms of quality management, testing centres shall comply with the requirements laid down by the authorising Member State. Testing centres shall ensure the objectivity and the high quality of the roadworthiness tests.

Article 13 Inspectors

1. Member States shall ensure that roadworthiness tests are carried out by inspectors fulfilling the minimum competence and training requirements laid down in Annex IV. Member States may lay down additional requirements in respect of competence and corresponding training.

2. The competent authorities or, where applicable, approved training centres shall provide a certificate to inspectors who fulfil the minimum competence and training requirements. That certificate shall include at least the information mentioned in point 3 of Annex IV.

3. Inspectors employed or authorised by competent authorities of the Member States or by a testing centre at 20 May 2018 shall be exempted from the requirements laid down in point 1 of Annex IV.

4. When carrying out a roadworthiness test, the inspector shall be free from any conflict of interests so as to ensure, to the satisfaction of the Member State or competent authority concerned, that a high level of impartiality and objectivity is maintained.

5. The person presenting the vehicle for testing shall be informed of any deficiencies identified in the vehicle which need to be rectified.

6. The results of a roadworthiness test may only be modified, where appropriate, by the supervising body, or in accordance with the procedure set up by the competent authority, if the findings of the roadworthiness test are manifestly incorrect.

Article 14 Supervision of testing centres

1. Member States shall ensure that testing centres are supervised.

2. A supervising body shall perform at least the tasks provided for in point 1 of Annex V and shall fulfil the requirements laid down in points 2 and 3 of that Annex.

Member States shall make publicly available the rules and procedures covering the organisation, tasks and requirements, including the independence requirements applicable to the personnel of a supervising body.

3. Testing centres directly operated by a competent authority shall be exempted from the requirements regarding authorisation and supervision where the supervising body is part of the competent authority.

4. The requirements mentioned in paragraphs 2 and 3 of this Article may be regarded as fulfilled by Member States which require that testing centres be accredited under Regulation (EC) No 765/2008.