The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022

Commission Regulation (EU) No 406/2010

56.—(1) Commission Regulation (EU) No 406/2010 is amended as follows.

(2) In Article 2 (administrative provisions for EC type-approval of a vehicle with regard to hydrogen propulsion)—

(a) in the heading and paragraph 1, for “EC type-approval” substitute “GB type-approval”;

(b) in paragraphs 2 and 4, for “an EC type-approval” substitute “a GB type-approval”;

(c) in paragraph 3—

(i) for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(ii) for “A Member State” substitute “The approval authority”.

(3) In Article 3 (administrative provisions for EC component type-approval of hydrogen components)—

(a) in the heading and paragraph 1, for “EC component type-approval” substitute “GB component type-approval”;

(b) in paragraph 2—

(i) for “an EC component type-approval” substitute “a GB component type-approval”;

(ii) for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(iii) for “A Member State” substitute “The approval authority”;

(iv) in paragraph 3, for “an EC type-approval” substitute “a GB type-approval”.

(4) In Article 4 (regulatory provisions which do not apply)—

(a) in the opening words—

(i) for “EC” substitute “GB”;

(ii) for “Articles 6 and 9 of Directive 2007/46/EC” substitute “Article 22(1) of Regulation (EU) 2018/858”;

(b) in point (1), for “Council Directive 80/1268/EEC” substitute “Regulation (EC) 715/2007 in respect of the determination of fuel consumption and CO₂ emissions”;

(c) in point (2), for “Council Directive 80/1269/EEC” substitute “Regulation (EC) 715/2007 or Regulation (EC) No 595/2009, both in respect of the determination of engine power”;

(d) in point (3), for “Annex I to Council Directive 70/2221/EEC” substitute “UN Regulation 34, as amended by the 03 series of amendments(1)”;

(e) in point (4), for “Section 3.3.5 of Annex II and Section 4.3.2 of Appendix 1 to Annex II to Directive 96/27/EC of the European Parliament and of the Council” substitute “paragraph 5.3.6 of, and paragraph 4.3.2 of Annex 4 to, UN Regulation 95, as amended by the 03 series of amendments(2)”;

(f) in point (5) for “Section 3.2.6 of Annex II and Section 1.4.2.2 of Appendix 1 to Annex II to Directive 96/79/EC of the European Parliament and of the Council” substitute “paragraphs 5.2.6 of, and paragraph 1.4.2.2 of Annex 3 to, UN Regulation 94, as amended by the 03 series of amendments(3)”.

(5) In Article 5 (EC component type-approval mark)—

(a) for “EC” in the heading and the first time it occurs, substitute “GB”;

(b) for “an EC” substitute “a GB”.

(6) After Article 6 (entry into force), omit “This Regulation shall be binding in its entirely and directly applicable in all Member States.”

(7) In the list of Annexes, for “EC” each time it occurs, substitute “GB”.

(8) In Annex I (administrative documents for EC type-approval of vehicles re hydrogen propulsion)—

(a) in the title of the Annex and in the heading of the information document in Part 1, for “EC” substitute “GB”;

(b) in Part 1 (model information document)—

(i) in the explanatory notes following paragraph 3.9.2.6, in note (c), for “Part A of Annex II to Directive 2007/46/EC” substitute “Article 4 to Regulation (EU) 2018/858”;

(ii) in the Appendix to the information document, in the entry for “Container statement of service”, after “406/2010” insert “as it has effect in domestic law”;

(c) in Part 2 (model EC type-approval certificate)—

(i) for “EC type-approval” each time it occurs, substitute “GB type-approval”;

(ii) in the words before Section I, after “406/2010” insert “as it has effect in domestic law, as last amended by S.I. …./….”;

(iii) in Section I, for paragraphs 0.1 to 0.9 substitute—

“(to be completed in accordance with Section 1 of the template of Model B in Annex III to Commission Implementing Regulation (EU) 2020/683)”;

(iv) in Section II, for paragraphs 1 to 8, and the list of attachments, substitute—

“(to be completed in accordance with Section II of the template of Model B in Annex III to Commission Implementing Regulation (EU) 2020/683)”;

(v) in the Addendum, for “EC” in the heading both times it occurs, substitute “GB”;

(d) in Part 3 (information to be provided for inspection)—

(i) in paragraph 1(b), for “Council Directive 76/114/EEC” substitute “Commission Regulation (EU) No 19/2011(4)”;

(ii) in paragraph 2—

(aa) for “approval authorities” substitute “the approval authority”;

(bb) omit “in the Member States”.

(9) In Annex II (administrative documents for EC component type-approval of hydrogen components and systems)—

(a) in the title, and each other time it occurs (except in references to “Regulation (EC) No 79/2009”), including in the Addendum to Part 2, for “EC” substitute “GB”;

(b) in Part 2 (model EC type-approval certificate)—

(i) in the words before Section 1, after “406/2010” insert “, as last amended by S.I. …./….”;

(ii) in Section 1, for paragraphs 0.1 to 0.9 substitute—

“(to be completed in accordance with Section I of the template of Model C in Annex III to Commission Implementing Regulation (EU) 2020/683)”;

(iii) in Section II, for paragraphs 1 to 8 and the following list of attachments, substitute—

“(to be completed in accordance with Section II of the template of Model C in Annex III to Commission Implementing Regulation (EU) 2020/683)”;

(c) in Part 3 (EC component type-approval mark)—

(i) for paragraph 1.1, substitute—

“1.1.   A rectangle surrounding the lower-case letter ‘g’ followed by the number 11.”;

(ii) in the Addendum to Appendix 1—

(aa) for the image, substitute—

“

”

(bb) in the legend, for “by Belgium” substitute “by the United Kingdom”.

(10) In Annex III (requirements for hydrogen components and systems designed to use liquid hydrogen)—

(a) in Part 1, in point 2.4, for “Directives 96/27/EC and 96/79/EC of the European Parliament and of the Council” substitute “UN Regulation 94 and UN Regulation 95”;

(b) in Part 2, in point 5.5.1, for “EC” substitute “GB”.

(11) In Annex IV (requirements for hydrogen components and systems designed to use compressed hydrogen)—

(a) for “EC”, each time it occurs (except in references to “Regulation (EC) No 79/2009”), substitute “GB”;

(b) in Part 1, in point 2.3, for “Directives 96/27/EC and 97/79/EC” substitute “UN Regulation 94 and UN Regulation 95”.

(1)

OJ L 231, 26.8.2016, p. 41.

(2)

OJ L 183, 10.7.2015, p. 91.

(3)

OJ L 35, 8.2.2018, p. 1.

(4)

EUR 2011/19.