Remedial measures
Article 13
1
On request of the approval authority and following in-service testing in accordance with Article 12 the manufacturer shall submit the plan of remedial measures to the approval authority no later than 60 working days after receipt of the notification from the approval authority. Where the manufacturer can demonstrate to the satisfaction of the approval authority that further time is required to investigate the reason for the non-compliance in order to submit a plan of remedial measures, an extension may be granted.
2
The remedial measures shall apply to all engines in service belonging to the same engine families or OBD engine families and be extended also to engine families or OBD engine families which are likely to be affected with the same defects. The need to amend the type-approval documents shall be assessed by the manufacturer and the result reported to the approval authority.
3
The approval authority shall consult the manufacturer in order to secure agreement on a plan of remedial measures and on executing the plan. If the approval authority which granted the original type-approval establishes that no agreement can be reached, the procedure set out in Article 52 of Regulation (EU) 2018/858 shall be initiated.
4
The approval authority shall within 30 working days from the date on which it has received the plan of remedial measures from the manufacturer, approve or reject the plan of remedial measures. The approval authority shall within the same time also notify the manufacturer ... of its decision to approve or reject the plan of remedial measures.
5
The manufacturer shall be responsible for the execution of the approved plan of remedial measures.
6
The manufacturer shall keep a record of every engine system or vehicle recalled and repaired or modified and of the workshop which performed the repair. The approval authority shall have access to that record on request during the execution and for a period of 5 years after the completion of the execution of the plan.
7
Any repair or modification referred to in paragraph 6 shall be recorded in a certificate supplied by the manufacturer to the owner of the engine or vehicle.
Words in Art. 13(3) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 65(14)(a)
Words in Art. 13(4) omitted (31.12.2022 at 11.00 p.m.) by virtue of The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 65(14)(b)