Recital 35

(35) In addition, in order to verify compliance with the relevant requirements, the Commission should organise and carry out compliance verification tests and inspections that are independent of those carried out by Member States under their national market surveillance obligations. Where such tests and inspections take place on registered vehicles in agreement with the holder of the vehicle registration certificate, it is important to take into account the fact that modified vehicles might be unsuited to such verification of compliance. It is also important to take into account the implications for the holder of the vehicle registration certificate, especially where the holder is a natural person, in the case of which the suitable way of selecting the vehicles is either by way of a public call or through the Member States' authorities. Where those tests and inspections establish non-compliance, or where it is found that a type-approval has been granted on the basis of incorrect data, the Commission should be entitled to initiate Union-wide remedial actions to restore the conformity of the vehicles concerned, and to investigate the reasons why the type-approval was incorrect. Appropriate funding should be ensured in the general budget of the Union to enable the execution of such compliance verification tests and inspections.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.