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Regulation (EU) 2018/858 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (Text with EEA relevance)

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CHAPTER IIU.K.GENERAL OBLIGATIONS

Article 5U.K.Technical requirements

1.Vehicles, systems, components and separate technical units [F1for which approval is sought under this Regulation] shall comply with the requirements of the regulatory acts listed in Annex II.

2.Vehicles, systems, components and separate technical units shall be considered not to comply with this Regulation in the following cases in particular:

(a)if they deviate from the particulars in the [F2GB]  type-approval certificates and their attachments or from the descriptive particulars in the test reports more than is permitted in the relevant regulatory act;

(b)if the performance criteria or limit values for series production laid down in the relevant regulatory act have not been fulfilled under all the conditions set out in the relevant regulatory act;

(c)if any information given by the manufacturer in the information document is not reproducible under all the conditions set out in the relevant regulatory act by approval authorities [F3or market surveillance authorities].

Only checks, tests, inspections and assessments conducted by or carried out on behalf of the approval authorities [F4or market surveillance authorities] shall be taken into account when assessing compliance for the purposes of this paragraph.

3.[F5The Secretary of State may by regulations amend] Annex II in order to take into account technological and regulatory developments by introducing and updating references to the regulatory acts that contain the requirements with which vehicles, systems, components and separate technical units have to comply.

Textual Amendments

[F6Article 5AU.K.Recognition of EU type approvals in Great Britain

1.Subject to compliance by manufacturers, distributors, importers and other economic operators with their obligations as set out in Articles 13, 14, 16, 17, 18, 19, 20, 38, 48, 50, 51 and 52, nothing in this Regulation, or in the regulatory acts listed in Annex II, prohibits the placing on the market, registration or entry into service in Great Britain of any vehicle, or any system, component or separate technical unit, to which this Article applies.

2.This Article applies to the following vehicles—

(a)a vehicle which was in the United Kingdom before IP completion day, and a trailer which was in the United Kingdom before 1st January 2023, provided that the manufacturer of the vehicle or trailer holds a relevant EU approval in relation to that vehicle or trailer;

(b)a vehicle in relation to which the manufacturer holds a valid type-approval certificate issued by the Secretary of State under section 55(1A) or (1D) of the Road Traffic Act 1988;

(c)a vehicle in relation to which the manufacturer holds a relevant NI approval;

(d)a vehicle—

(i)which is a qualifying Northern Ireland good, and

(ii)in relation to which the manufacturer holds a relevant EU approval;

(e)an incomplete vehicle—

(i)to which Article 22(4A) applies, and

(ii)in respect of which the manufacturer holds a relevant EU approval.

3.This Article applies to the following systems, components and separate technical units—

(a)a system, component or separate technical unit which was manufactured before 1st January 2023 in relation to which the manufacturer holds a relevant EU approval;

(b)a system, component or separate technical unit in relation to which the manufacturer holds a valid type-approval certificate issued by the Secretary of State under section 55(1A) or (1D) of the Road Traffic Act 1988;

(c)a system, component or separate technical unit in relation to which the manufacturer holds a relevant NI approval;

(d)a system, component or separate technical unit—

(i)which is a qualifying Northern Ireland good, and

(ii)in relation to which the manufacturer holds a relevant EU approval;

(e)any system or component fitted to a complete or an incomplete vehicle—

(i)to which Article 22(4A) applies, and

(ii)in relation to which the manufacturer holds a relevant EU approval.

4.For the purposes of this Regulation—

(a)“a relevant EU approval” means a valid EU type-approval or EU individual vehicle approval issued—

(i)before IP completion day by a member State other than the United Kingdom in accordance with this Regulation as it has effect in EU law, or

(ii)on or after IP completion day in accordance with the EU Type Approval Regulation by a member State,

and includes any such approval which is revised or extended;

(b)“a relevant NI approval” means a valid EU type-approval, EU individual vehicle approval, national small series type-approval or national individual vehicle approval issued by the Secretary of State on or after IP completion day in accordance with the EU Type Approval Regulation as it has effect by virtue of the Northern Ireland Protocol, and includes any such approval which is revised or extended.

5.This Article applies without prejudice to Article 50(6).]

Textual Amendments

Article 6U.K.Obligations of [F7the authorities]

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[F94.Vehicles, systems, components and separate technical units may only be placed on the market, registered or entered into service if they comply with this Regulation, or, where Article 5A applies to the vehicle, system or component, with the EU Type Approval Regulation.]

5.[F10The Secretary of State must] not prohibit, restrict or impede the placing on the market, the registration or the entry into service of vehicles, systems, components or separate technical units that comply with this Regulation, except in the cases provided for in Chapter XI.

By way of derogation from the first subparagraph of this paragraph, [F11the Secretary of State] may decide not to allow the circulation on the road, the placing on the market, the registration or the entry into service of vehicles that have been type-approved in accordance with this Regulation, but that exceed the [F12dimensions laid down in regulations 7 and 8 of the Road Vehicles (Construction and Use) Regulations 1986 and weights and axle loads laid down in regulation 4 of the Road Vehicles (Authorised Weight) Regulations 1998].

6.[F13The market surveillance authority must] organise and carry out market surveillance and controls of vehicles, systems, components and separate technical units entering the market, in accordance with this Regulation and Chapter III of Regulation (EC) No 765/2008.

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8.[F15The Secretary of State must] periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years F16....

[F15The Secretary of State must] make accessible to the public a summary of the results of periodic reviews and assessments.

F17...

9.[F18The Secretary of State must] periodically review and assess the functioning of their market surveillance activities. Such reviews and assessments shall be carried out at least every four years F19....

[F18The Secretary of State must] make accessible to the public a summary of the results of periodic reviews and assessments.

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Textual Amendments

Article 7U.K.Obligations of approval authorities

1.[F22The approval authority] shall only approve vehicles, systems, components or separate technical units that comply with this Regulation [F23or, in the case of a relevant NI approval (within the meaning of Article 5A), the EU Type Approval Regulation].

2.[F22The approval authority] shall carry out their duties independently and impartially. [F24It must] observe confidentiality in order to protect commercial secrets, subject to F25... applicable disclosure requirements laid down in [F26the law of the United Kingdom or of any part of the United Kingdom] in order to protect the interests of users [F27in the United Kingdom].

F28...

3.For the purpose of enabling [F29the market surveillance authority] to carry out checks, [F30the approval authority] shall make available to [F29the market surveillance authority] the necessary information related to the type-approval of the vehicles, systems, components and separate technical units that are subject to compliance verification checks. That information shall include at least the information included in the [F31GB type-approval certificate] and its attachments referred to in Article 28(1). [F22The approval authority] shall provide that information to the market surveillance authorities without undue delay.

4.Where [F32the approval authority] has been informed in accordance with Chapter XI that a vehicle, system, component or separate technical unit is suspected of presenting a serious risk or of being in non-compliance, it shall take all necessary measures to review the type-approval granted and, where appropriate, correct or withdraw the type-approval depending on the reasons and the seriousness of the deviations demonstrated.

Textual Amendments

Article 8U.K.Obligations of market surveillance authorities

1.[F33The market surveillance authority] shall carry out regular checks to verify that vehicles, systems, components and separate technical units comply with the relevant requirements. Such checks shall be performed on an adequate scale by means of documentary checks and, where appropriate, laboratory tests and on-road tests conducted on the basis of statistically relevant samples.

When carrying out such checks, [F34market surveillance authority] shall take account of:

(a)established principles of risk assessment;

(b)substantiated complaints; and

(c)any other relevant information, including F35... testing results published by recognised third parties that meet the requirements laid down by [F36any retained direct EU legislation made under Article 13(10) as it had effect before IP completion day, or any regulations made under Article 13(10) as it is now in force].

2.Without prejudice to paragraph 1, the [F37market surveillance authority] F38... shall carry out at least a minimum number of tests on vehicles per year. That minimum number of tests F39... shall be one for every 40 000 new motor vehicles registered [F40in Great Britain] in the preceding year, but shall not be less than five tests.

Each test shall verify compliance with the applicable regulatory acts listed in Annex II [F41or, where Article 5A applies to the vehicle, the applicable regulatory acts listed in Annex II of the EU Type Approval Regulation.]

3.[F42The market surveillance authority] carrying out more than five tests per year shall carry out at least 20 % of the minimum number of tests in the form of emission-related tests comparable to type-approval tests covering all applicable emissions-related requirements to the tested type laid down in the regulatory acts listed in Annex II.

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8.[F44The market surveillance authority] shall require economic operators to make available [F45to the authority] such documentation, information and other technical specifications, including access to software and algorithms, that the [F46authority considers] necessary for the purpose of carrying out the market surveillance activities.

9.For type-approved vehicles, systems, components and separate technical units, [F47market surveillance authority] shall take due account of certificates of conformity, type-approval marks or type-approval certificates presented by economic operators.

10.[F48The market surveillance authority] shall take appropriate measures to alert users F49... within an adequate timeframe of hazards that they F50... have identified in relation to any vehicle, system, component or separate technical unit so as to prevent or reduce the risk of injury or other damage, including by making such information available on the website of the market surveillance authority.

[F33The market surveillance authority] shall cooperate with economic operators regarding actions that could prevent or reduce the risks caused by vehicles, systems, components or separate technical units that those operators have made available on the market.

11.Where the [F51market surveillance authority] F52... [F53decides] to withdraw a vehicle, system, component or separate technical unit from the market in accordance with Chapter XI, they shall inform the economic operator concerned and the F54... approval authority.

12.[F55The market surveillance authority] shall carry out their duties independently and impartially. They shall observe confidentiality in order to protect commercial secrets, subject F56... to other applicable disclosure requirements laid down in [F57the law of the United Kingdom, or any part of the United Kingdom] in order to protect the interests of users [F58in the United Kingdom].

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Textual Amendments

F60Article 9U.K.Compliance verification by the Commission

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Textual Amendments

F60Article 10U.K.Assessments by the Commission

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Textual Amendments

F60Article 11U.K.Forum for Exchange of Information on Enforcement

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Textual Amendments

Article 12U.K.Online data exchange

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2.From 5 July 2026, [F62the Secretary of State] shall make accessible to the public, by vehicle identification number, the certificate of conformity of each vehicle as structured data in electronic format F63... in accordance with Article 37.

From 5 July 2026, [F62the Secretary of State] shall make accessible to the public the information contained in the certificate of conformity, excluding vehicle identification numbers, as structured data in electronic format F63... in accordance with Article 37.

[F64The Secretary of State may by regulations establish the format of, and the criteria for, public access to the information referred to in the first and second subparagraphs of this paragraph.]

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4.[F66The Secretary of State must] make a list of the [F67GB]  type-approvals for vehicles, systems, components and separate technical units that they have granted, amended, refused or withdrawn, as well as a list of the technical services which have performed the tests for the respective [F67GB]  type-approvals, accessible to the public as from  [F681 September 2024].

[F69The Secretary of State may by regulations establish the format of, and the criteria for, public access to the information referred to in the first subparagraph of this paragraph.]

5.The [F70Secretary of State] shall develop a tool to make publicly accessible test results and complaints about the performance of vehicles, systems, components and separate technical units from recognised third parties that meet the requirements laid down by the [F71regulations] referred to in Article 13(10).

Textual Amendments

Article 13U.K.General obligations of manufacturers

1.Manufacturers shall ensure that the vehicles, systems, components and separate technical units that they have manufactured and that are placed on the market have been manufactured and approved in accordance with the requirements laid down in this Regulation [F72or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation], and in particular, [F73the requirements of Article 5 of the Regulation in question].

2.Manufacturers shall be responsible to the approval authority for all aspects of the approval procedure and for ensuring conformity of production.

In the case of multi-stage type-approval, manufacturers shall also be responsible for the approval and conformity of production of the systems, components or separate technical units that they have added at the stage of vehicle completion. Manufacturers who modify components, systems or separate technical units already approved at earlier stages shall be responsible for the type-approval and conformity of production of the modified components, systems or separate technical units. Manufacturers of the previous stage shall provide information to manufacturers of the subsequent stage regarding any change that may affect component type-approval, system type-approval or separate technical unit type-approval or the whole-vehicle type-approval. Such information shall be provided as soon as the new extension to the whole-vehicle type-approval has been granted and at the latest on the starting date of manufacture of the incomplete vehicle.

3.Manufacturers who modify an incomplete vehicle in such a manner that it qualifies as a different category of vehicle, with the consequence that the requirements already assessed in a previous stage of type-approval have changed, shall also be responsible for compliance with the requirements applicable to the category of vehicles for which the modified vehicle qualifies.

4.For the purposes of [F74GB type-approval] of vehicles, systems, components and separate technical units, a manufacturer established outside [F75Great Britain] shall appoint a single representative established within [F75Great Britain] to represent the manufacturer before the approval authority. That manufacturer shall also appoint a single representative established within [F75Great Britain] for the purposes of market surveillance, who may be the same as the representative appointed for the purposes of [F74GB type-approval].

5.Manufacturers shall ensure that their vehicles, systems, components and separate technical units are not designed to incorporate strategies or other means that alter the performance exhibited during test procedures in such a way that they do not comply with this Regulation [F76or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation] when operating under conditions that can reasonably be expected in normal operation.

6.Manufacturers shall establish procedures to ensure that series production of vehicles, systems, components and separate technical units remains in conformity with the approved type.

7.Manufacturers shall examine any complaints they receive relating to risks, suspected incidents or non-compliance issues with the vehicles, systems, components, separate technical units, parts and equipment that they have placed on the market.

Manufacturers shall keep a record of such complaints, including for each complaint a description of the issue and the details needed to precisely identify the affected type of vehicle, system, component, separate technical unit, part or equipment, and, in the case of substantiated complaints, manufacturers shall keep their distributors and importers informed thereof.

8.In addition to the statutory plate fixed to their vehicles and type-approval marks fixed to their components or separate technical units in accordance with Article 38, manufacturers shall indicate their name, registered trade name or registered trade mark and their contact address in [F77Great Britain] on their vehicles, components or separate technical units made available on the market or, where that is not possible, on the packaging or in a document accompanying the component or separate technical unit.

9.Manufacturers shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements laid down in this Regulation [F78or, where Article 5A applies to a vehicle, system, component or separate technical unit, in the EU Type Approval Regulation].

10.F79... Subject to the protection of commercial secrets and the preservation of personal data pursuant to [F80the law of the United Kingdom or of any part of the United Kingdom], manufacturers of vehicles shall make available data which is needed for testing by third parties for possible non-compliance, including all parameters and settings that are necessary to accurately replicate the test conditions that were applied at the time of the type-approval testing.

[F81For the purposes of the first subparagraph of this paragraph, the Secretary of State may by regulations specify—

(a)the data to be made available free of charge, and

(b)the requirements to be met by third parties to demonstrate that they have—

(i)a legitimate interest in public safety or environmental protection, and

(ii)recourse to adequate testing facilities.]

Textual Amendments

Article 14U.K.Obligations of manufacturers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk

1.Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market or that has entered into service is not in conformity with this Regulation [F82or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation,] or where the type-approval has been granted on the basis of incorrect data, the manufacturer shall immediately take the corrective measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate.

The manufacturer shall immediately inform the approval authority F83... in detail of the non-conformity and of any measures taken.

2.Where the vehicle, system, component, separate technical unit, part or equipment presents a serious risk, the manufacturer shall immediately provide to the approval [F84authority] and market surveillance [F84authority] detailed information on the risk and on any measures taken in relation thereto.

3.Manufacturers shall keep the [F85GB]  type-approval certificates and their attachments referred to in Article 28(1) for a period of 10 years after the end of validity of the [F85GB]  type-approval of a vehicle and for a period of five years after the end of validity of the [F85GB]  type-approval of a system, component or separate technical unit.

Manufacturers of a vehicle shall keep at the disposal of the approval [F86authority] for a period of 10 years from the date of manufacture of the vehicle a copy of the certificates of conformity referred to in Article 36 [F87and, where Article 5A applies to a vehicle, a copy of any EU certificate of conformity or UK (NI) certificate of conformity].

4.F88...

Manufacturers shall, following a reasoned request from [F89the approval authority or the market surveillance authority], cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.

Textual Amendments

Article 15U.K.Obligations of manufacturer's representatives

1.The manufacturer's representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall at least, provide for the representative to:

(a)have access to the [F90GB]  type-approval certificate and its attachments referred to in Article 28(1), and to the certificate of conformity in [F91English]; such documentation shall be made available to the approval [F92authority] and to the market surveillance [F92authority] for a period of 10 years after the end of the validity of the [F90GB]  type-approval of a vehicle and for a period of five years after the end of validity of the [F90GB]  type-approval of a system, component or separate technical unit;

(b)provide [F93the approval authority], following a reasoned request from that authority, with all information, documentation and any other technical specifications, including access to software and algorithms, that are necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit;

(c)cooperate with the approval [F92authority] or the market surveillance [F92authority], at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;

(d)immediately inform the manufacturer about complaints and reports relating to risks, suspected incidents or non-compliance issues that relate to vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;

(e)have the right to terminate the mandate without penalty if the manufacturer acts contrary to its obligations under this Regulation.

2.A manufacturer's representative who terminates the mandate on the grounds referred to in point (e) of paragraph 1 shall immediately inform [F94the approval authority].

The information to be provided shall specify at least:

(a)the date of termination of the mandate;

(b)the date until which the outgoing manufacturer's representative may be indicated in the information supplied by the manufacturer, including any promotional material;

(c)the transfer of documents, including confidentiality aspects and property rights;

(d)the obligation of the outgoing manufacturer's representative after the end of the mandate to forward to the manufacturer or incoming manufacturer's representative any complaints or reports about risks and suspected incidents relating to a vehicle, system, component, separate technical unit, part or equipment for which the outgoing manufacturer's representative had been designated as manufacturer's representative.

Textual Amendments

Article 16U.K.Obligations of importers

1.Importers shall only place on the market vehicles, systems, components or separate technical units that comply with this Regulation [F95or, where Article 5A applies to a vehicle, system, component or separate technical unit, with the EU Type Approval Regulation].

2.Before placing on the market a type-approved vehicle, system, component or separate technical unit, importers shall verify that it is covered by a valid [F96GB]  type-approval certificate [F97or a type-approval certificate which is valid under the EU Type Approval Regulation, as appropriate,] and that the system, component or separate technical unit bears the required type-approval mark and complies with Article 13(8) [F98of this Regulation or, where applicable, of the EU Type Approval Regulation].

In the case of a vehicle, the importer shall ensure that the vehicle is accompanied by the required certificate of conformity.

3.Where a vehicle, system, component or separate technical unit is not in conformity with the requirements of this Regulation [F99or of the EU Type Approval Regulation, where applicable], and in particular where it does not correspond to its type-approval, importers shall not place on the market, allow to enter into service or register the vehicle, system, component or separate technical unit, until it has been brought into conformity.

4.Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, importers shall inform the manufacturer and the [F100market surveillance authority] thereof. For type-approved vehicles, systems, components and separate technical units, importers shall also inform the approval authority F101....

5.Importers shall indicate their name, registered trade name or registered trade mark, and their contact address on the vehicle, component, separate technical unit, part or equipment, or, where this is not possible, on its packaging or in a document accompanying the component, separate technical unit, part or equipment.

6.Importers shall ensure that the vehicle, system, component or separate technical unit is accompanied by instructions and information, as required by Article 59, [F102of this Regulation or, where applicable, of the EU Type Approval Regulation] in [F103English].

7.To protect the health and safety of consumers, importers shall keep a record of complaints and recalls relating to vehicles, systems, components, separate technical units, parts or equipment that they have placed on the market, and shall keep their distributors informed of such complaints and recalls.

8.Importers shall immediately inform the relevant manufacturer of any complaints they received regarding risks, suspected incidents or non-compliance issues relating to vehicles, systems, components, separate technical units, parts or equipment that they have placed on the market.

9.Importers shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements laid down in this Regulation [F104or, where applicable, in the EU Type Approval Regulation].

Textual Amendments

Article 17U.K.Obligations of importers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk

1.Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market by importers is not in conformity with this Regulation [F105or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation], importers shall immediately take the corrective measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity under the manufacturer's supervision, to withdraw it from the market or to recall it, as appropriate. Importers shall also inform the manufacturer and the approval authority F106....

2.Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market presents a serious risk, importers shall immediately provide detailed information on the serious risk to the manufacturers and the approval [F107authority] and market surveillance [F107authority].

Importers shall also inform the approval [F107authority] and market surveillance [F107authority] of any action taken and give details, in particular of the serious risk and of any measure taken by the manufacturer.

3.Importers shall, for a period of 10 years after the end of the validity of [F108GB]  type-approval of a vehicle and for a period of five years after the end of the validity of the [F108GB]  type-approval of a system, component or separate technical unit, keep a copy of the [F108GB]  type-approval certificate and its attachments referred to in Article 28(1), and shall ensure that they can be made available to the approval [F107authority] and market surveillance [F107authority] upon request.

[F1093A.Where Article 5A applies to a vehicle, system, component or separate technical unit, the importer must—

(a)keep a copy of any EU type-approval certificate which applies to the vehicle, system or component in question, including the attachments referred to in Article 28(1) of the EU Type Approval Regulation, for a period of—

(i)ten years after the end of the validity of the EU type-approval of a vehicle, and

(ii)five years after the end of the validity of the EU type-approval of a system, component or separate technical unit, and

(b)ensure that the certificate and attachments referred to in subparagraph (a) can be made available to the approval authority and the market surveillance authority on request.]

4.Importers shall, following a reasoned request from [F110the approval authority or the market surveillance authority], provide that authority with all information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit [F111with this Regulation or, where applicable, the EU Type Approval Regulation], in [F112English].

Importers shall, following a reasoned request from [F110the approval authority or the market surveillance authority], cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.

Textual Amendments

Article 18U.K.Obligations of distributors

1.Distributors shall verify, before making available on the market a vehicle, system, component or separate technical unit, that the vehicle, system, component or separate technical unit bears the required statutory plate or type-approval mark, that it is accompanied by the required documents and by instructions and safety information, as required by Article 59 [F113of this Regulation, or, where Article 5A applies to a vehicle, system, component or separate technical unit, of the EU Type Approval Regulation], in [F114English], and that the manufacturer and the importer have complied with the requirements set out in Article 13(8) and Article 16(5) respectively [F115of this Regulation or, where Article 5A applies, of the EU Type Approval Regulation].

2.Distributors shall immediately inform the relevant manufacturer of any complaints they received relating to risks, suspected incidents or non-compliance issues with vehicles, systems, components, separate technical units, parts or equipment that they have made available on the market.

3.Distributors shall ensure that, while a vehicle, system, component or separate technical unit is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements laid down in this Regulation [F116or, where Article 5A applies to a vehicle, system, component or separate technical unit, in the EU Type Approval Regulation].

Textual Amendments

Article 19U.K.Obligations of distributors concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk

1.Where a vehicle, system, component, separate technical unit, part or equipment is not in conformity with the requirements of this Regulation [F117or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation], distributors shall inform the manufacturer, the importer and the approval authority F118... in respect thereof, and shall not make available on the market the vehicle, system, component, separate technical unit, part or equipment until it has been brought into conformity.

2.Where a vehicle, system, component, separate technical unit, part or equipment that distributors have made available on the market is not in conformity with this Regulation [F119or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation], they shall inform the manufacturer, the importer and the approval authority F120....

3.Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, distributors shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval [F121authority] and the market surveillance [F121authority] F122....

4.Distributors shall, following a reasoned request from [F123the approval authority or the market surveillance authority], cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.

Textual Amendments

Article 20U.K.Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Articles 8, 13 and 14, in the following cases:

(a)

where the importer or distributor makes available on the market, or is responsible for the entry into service of a vehicle, system, component or separate technical unit under its name or trademark, or modifies a vehicle, system, component or separate technical unit in such a way that the vehicle, system, component or separate technical unit may no longer comply with the applicable requirements; or

(b)

where the importer or distributor makes available on the market or is responsible for the entry into service of a system, component or separate technical unit on the basis of a UN type-approval that was granted to a manufacturer outside [F124Great Britain], and it is not possible to identify a manufacturer's representative in F125... [F124Great Britain] [F126;

(c)

where the importer or distributor makes available on the market or is responsible for the entry into service of a vehicle, system, component or separate technical unit to which Article 5A applies on the basis of a relevant EU approval or a relevant NI approval that was granted to a manufacturer outside Great Britain, and it is not possible to identify a manufacturer’s representative in Great Britain].

Textual Amendments

Article 21U.K.Identification of economic operators

Upon a request of [F127the approval] authority or [F128the market] surveillance authority, for a period of 10 years after the placing on the market of a vehicle and for a period of five years after the placing on the market of a system, component, separate technical unit, part or equipment, economic operators shall provide information on the following:

(a)

the identity of any economic operator that has supplied them with a vehicle, system, component, separate technical unit, part or equipment;

(b)

the identity of any economic operator to which they have supplied a vehicle, system, component, separate technical unit, part or equipment.

Textual Amendments

Yn ôl i’r brig

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