Directive 2007/46/EC of the European Parliament and of the Council (repealed)Dangos y teitl llawn

CHAPTER XVII FINAL PROVISIONS

Article 44 Transitional provisions

1. Pending the necessary amendments to this Directive in order to include vehicles not yet covered or to complete the administrative and technical provisions regarding type-approval of vehicles other than M₁ produced in small series, and to lay down harmonised administrative and technical provisions regarding the individual approval procedure, and pending expiry of the transitional periods provided for in Article 45, Member States shall continue to grant national approvals for those vehicles, provided that such approvals are based on the harmonised technical requirements laid down in this Directive.

2. On application by the manufacturer or, in the case of individual approval, by the owner of the vehicle and on submission of the information required, the Member State concerned shall complete and issue the type-approval certificate or the individual approval certificate as appropriate. The certificate shall be issued to the applicant.

With respect to vehicles of the same type, other Member States shall accept a certified true copy as proof that the requisite tests have been carried out.

3. Where a particular vehicle covered by an individual approval has to be registered in another Member State, that Member State may require, from the approval authority that has issued the individual approval, any additional information stating in detail the nature of the technical requirements satisfied by that particular vehicle.

4. Pending the harmonisation of registration and taxation systems of the Member States in relation to vehicles covered by this Directive, Member States may use national codes in order to facilitate registration and taxation in their territory. For this purpose, Member States may subdivide the versions shown in Part II of Annex III, provided that the particulars used for the subdivision are expressly stated in the information package or can be derived from it by a simple calculation.

Article 45 Application dates for EC type-approval

1. As regards EC type-approval, Member States shall grant EC approval to new types of vehicle from the dates specified in Annex XIX.

2. On application by the manufacturer, Member States may grant EC approval to new types of vehicle from 29 April 2009.

3. Until the dates specified in the fourth column of the table set out in Annex XIX, Article 26(1) shall not apply to new vehicles for which a national approval has been granted before the dates specified in the third column thereof or for which there has been no approval.

4. At the request of the manufacturer, and until the dates specified in column 3 of rows 6 and 9 of the table set out in Annex XIX, Member States shall continue to grant national type-approvals as an alternative to EC vehicle type-approval for vehicles of category M₂ or M₃ on the condition that those vehicles and their systems, components and separate technical units have been type-approved in accordance with the regulatory acts listed in Part I of Annex IV to this Directive.

5. This Directive shall not invalidate any EC type-approval granted to vehicles of category M₁ before 29 April 2009 nor prevent the extension of such approvals.

6. As regards the EC approval of new types of systems, components or separate technical units, Member States shall apply this Directive from 29 April 2009.

This Directive shall not invalidate any EC type-approval granted for systems, components or separate technical units before 29 April 2009 nor prevent the extension of such approvals.

Article 46 Penalties

Member States shall determine the penalties applicable for infringement of the provisions of this Directive, and in particular of the prohibitions contained in or resulting from Article 31, and of the regulatory acts listed in Part I of Annex IV and shall take all necessary measures for their implementation. The penalties determined shall be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission no later than 29 April 2009 and shall notify any subsequent modifications thereof as soon as possible.

Article 47 Assessment

1. No later than 29 April 2011, Member States shall inform the Commission of the application of the type-approval procedures laid down in this Directive and, in particular, of the application of the multi-stage process. Where appropriate, the Commission shall propose the amendments deemed necessary to improve the type-approval process.

2. On the basis of the information supplied under paragraph 1, the Commission shall report to the European Parliament and the Council on the application of this Directive no later than 29 October 2011. If appropriate, the Commission may propose the postponement of the application dates referred to in Article 45.

Article 48 Transposition

1. Member States shall adopt and publish, before 29 April 2009, the laws, regulations and administrative provisions necessary to comply with the substantive amendments of this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 29 April 2009.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 49 Repeal

Directive 70/156/EEC is repealed with effect from 29 April 2009, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the directives set out in Part B of Annex XX.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex XXI.

Article 50 Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 51 Addressees

This Directive is addressed to the Member States.