EUROPEAN TYRE & RUBBER manufacturers’association

www.etrma.org

WHY THE NEED FOR ENFORCEMENT?THE « TYRE » CASE

Enforcement Informal Working Group WP.29, June 27 2013 – Geneva

FAZILET CINARALP, SECRETARY GENERAL 1

EFWG-02-01

EUROPEAN TYRE & RUBBER manufacturers’association

Content

• ETRMA

• Tyre regulations: REACH, type approval, tyre labelling

• Why is “enforcement” an issue?2

TYRE INDUSTRY REPRESENTATION IN EUROPE

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Represents 12 major tyre manufacturers producing within the EU-27Acts in legislative matters, such as road safety & transport, environment & health protection, global tradeRepresents the industry towards the European institutionsand other international bodies

ETRTO is a technical organisation:

Issues Internationally referred tyre Standards and Recommendations on tyre use & maintenanceContributes actively to UNECE WP29 tyre regulatory activities in GenevaProvides expertise to ETRMA on technical matters related to tyre performance

EUROPEAN TYRE & RUBBER MANUFACTURERS ASSOCIATION

TYRE INDUSTRY REPRESENTATION IN EUROPE

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Represents 12 major tyre manufacturers producing within the EU-27Acts in legislative matters, such as road safety & transport, environment & health protection, global tradeRepresents the industry towards the European institutionsand other international bodies

Is a technical organisation:Issues internationally referred tyre Standards & Recommendations on tyre use & maintenanceContributes actively to UNECE WP29 tyre regulatory activities in GenevaProvides expertise to ETRMA on technical matters related to tyre performance

EUROPEAN TYRE & RUBBER MANUFACTURERS ASSOCIATION

EUROPEAN TYRE & RIM TECHNICAL ORGANISATION

BACKGROUND

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The tyre industry operating in the E.U. Most stringent safety and environmental regulations The tyre market is very diversified, fragmented and huge

> 240 different tyre brands on the market

> 62000 product lines

~ 300 million tyres annually sold with 25% imports Sophisticated and expensive testings Mix of type approval (third party homologation) and self-declaration Tyres replaced on average 3.7 times in the life of a car (and more frequently in the

case of Heavy Duty Vehicles) Significant increase of tyre imports from low cost countries (also on higher

performance segments!) Enforcement is responsibility of 27 individual countries (28 from July 2013)

Need to: preserve consumers/citizens’ trust in legislationsecure coordinated action against non-compliant products and products

presenting a serious risk protect fair economic operators against unfair competition from operators

ignoring or by-passing the rules of the game

SOPHISTICATED AND COSTLY REGULATORY FRAMEWORK

REACH, CLP Waste legislation, EPR

General Safety Reg., TYRE LABEL, VEHICLE EMISSIONS

ETS , IPPC, SEVESOUN ECE regs 30,54,75,117

Materials Production & Process Product use End of LifeLogistic

for NON EU manufacturing-based players

Con

solid

ated

fr

amew

ork

(2

010-

2020

)

for EU manufacturing-based playersEU Authorities market surveillance potential

Example: the TYRE sectorThe same industrial sector, could be, directly or indirectly, significantly

impacted by various regulatory policies AT ALL LEVEL OF BUSINESS.

Proper enforcement ensures the competitiveness of the EU market!

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EUROPEAN REGULATORY FRAMEWORK - Mandatory Compliance

www.etrma.org

REACH REGULATION

Restricted Substances (PAHs) in tyres

•“High PAH” restriction imposed per EU REACH Regulation 1907/2006, Annex XVII, Entry # 50. (based on carcinogenic nature of certain PAHs used in extender oils for tyre production)

•Has been applicable for tyres produced since 1 January 2010

•Covers all tyres intended for road use faster than 25 km/hour (cars, motorcycles, trucks, buses, agricultural and earthmover)

•Applies equally to imported tyres and EU-produced tyres

•EU importer is legally responsible for product compliance, but non-EU producers can assist with own testing and Manufacturer Compliance Certificate, or, EU importer may perform own-test and provide Importer Compliance Certificate for the downstream supply chain

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EUROPEAN REGULATORY FRAMEWORK – Mandatory Compliance

General Safety Regulation 661/2009 and tyres

• For both original and replacement tyres, must satisfy technical requirements relating to: wet grip; rolling resistance; and rolling noise (UNECE 117.02)in addition to Tyre Integrity, dimensions and markings (EU Directive 1992/23 -> UNECE 30 or 54)

– Rolling Noise: Reduction by average of 4 db(A); mandatory for new tyre types (C1/C2/C3)from11/2012 and existing types from 11/2016

– Wet Grip: Identical to the current requirements in UNECE Regulation 117; Mandatory for new C1 tyre types from 2012 and existing types from 2014

– Rolling Resistance:• Phase 1: 2012 (New) 2014 (Existing types-C1&C2) 2016 (existing types-C3)

• Phase 2: 2016 (New 2018 (Existing types-C1&C2) 2020 (existing types-C3)

• EU Directive 1992/23 on tyres replaced from 1 November 2017

• Type-approval in accordance with mandatory UNECE regulations8

EUROPEAN REGULATORY FRAMEWORK – Mandatory Compliance

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UN reg.30 or 54 + 117.01/02=EC 661/2009

EUROPEAN REGULATORY FRAMEWORK – Mandatory Compliance

Tyre Safety & Environment Labelling Requirements

• Regulation 1222/2009 provides harmonized labelling rules aimed to encourage consumers to purchase tyres with higher standards for rolling noise, fuel efficiency and wet grip (i.e., tyres meeting higher than minimum standards required by Regulation 661/2009)

• Refers to ISO test methods, except RR alignment is EU specific

• Applies to passenger car tyres (C1), light commercial vehicle tyres (C2) and heavy vehicle tyres (C3). Others exempt

• Mandatory from 1 /11/ 2012 for tyres produced from 1 July 2012

• Self certification but laboratory alignment for rolling resistance

• Opportunity for every producer to demonstrate quality of its products – wherever produced

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REACH: CONTROLS AT POINT OF SALE

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Private and public authority test programmes have been conducted (2010 & 2011)

Test programmes were objective/fair

• ECHA test campaigns, 94 tyres tested, 59 brands, manufactured in 53 factories in 20 countries

• Industry test campaigns (2), >200 tyres tested, 84 brands; manufactured in 92 factories in 20 different countries (both EU and non-

EU)

• More than 400 tests/controls were carried out.

11% of the tyres tested were found not-compliant

TYPE APPROVAL: CONTROL ACTIVITIES AT CUSTOMS

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TA identification number missing or incomplete, or mis-used means that the tyre might not have been homologated. Therefore it should not be allowed to circulate in the EU

as its safety is not guaranteed.

Non compliant marking

Controls by Dogane e Guardia di Finanzia (Italian Customs and Competition authorities) stopped a container with (motorcycle) tyres imported from a third country: strangely marked and raising doubts about proper homologation

TYPE APPROVAL : ROADSIDE CONTROLS

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TA identification number missing or incomplete, or mis-used means that the tyre is not homologated and therefore it is not allowed to

circulate in the EU and unsafe for road drivers.

Not - homologated tyres

Controls by Italian Traffic Police from 2003 to 2012

More than 70.000 vehicles checked on almost the entire territory of Italy

20% of motorcycles were fitted with tyres not- homologated

10% of passenger vehicles were fitted with tyres not-homologated

TA identification number missing or incomplete, or mis-used means that the tyre might not have been homologated. Therefore it should not be allowed to circulate in the EU

as its safety is not guaranteed.

Fake labels could be different from that design or the performances may not be corresponding to the grades shown on the label.

Controls on the compliance of the label, the documents accompanying it and tests on the tyre are needed to ensure that the labelling scheme is correctly implemented.

LABEL: CONTROLS AT POINT OF SALE

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Tyres that do not deliver on the expectation created by the label are not only a scam for the consumer, but also hurt the whole credibility of the scheme.

An Administrative Cooperation for Market Surveillance (ADCO)on Tyres Labelling - ADCO Group on Tyre Labelling was created in June 2012.

GENERAL EXPECTATIONS

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INDUSTRY PROPOSALS

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1. Harmonization of minimum level of penalties at EU level to avoid that certain member states become more attractive for non-compliant and unsafe goods.

2. Clear definition of responsibilities amongst various market operators.

3. Specific guidelines to Member States on verification criteria, facilities where to find expertise.

4. Because the testing methods are sophisticated and costly, build a network of testing labs fully recognized and approved at EU level for running compliance test.

5. Measures to ensure cooperation amongst various market surveillance authorities, between these and the customs authorities and between these and customs authorities of third countries.

6. Public-private cooperation for market surveillance as well as earmarking of funding derived from penalties.

THANK YOU

www.etrma.org

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