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

Commission Regulation (EU) No 2017/1151: Articles

80.—(1) Commission Regulation (EU) No 2017/1151 is amended as follows.

(2) In Article 2 (definitions)—

(a) in point (2)—

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

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

(b) in point (32c), for “the Community”, substitute “Great Britain”.

(3) In Article 3 (requirements for type-approval)—

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

(b) in paragraph 3—

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

(ii) for “a third country” substitute “a country other than the United Kingdom”;

(iii) omit the third subparagraph;

(c) in paragraph 10, omit the final subparagraph.

(4) In Article 4 (requirements for type-approval re the OBD system), in paragraph 6, for “national authorities” substitute “the approval authority”.

(5) In Article 5 (application for EC type-approval: emissions and access to vehicle repair and maintenance information)—

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

(b) omit paragraph 5;

(c) in paragraph 6—

(i) in the first subparagraph, for “approval authorities” substitute “the approval authority”;

(ii) in the third subparagraph, for “authorities” substitute “authority”;

(d) in paragraph 11—

(i) in the first subparagraph, for “authorities” substitute “authority”;

(ii) for the sixth subparagraph, substitute—

“Each year, the approval authority must make available to the public a list of the AES which it has decided are not acceptable for the purposes of this paragraph.”;

(e) in paragraph 12, omit “which granted the emission type-approval under this Regulation (‘granting approval authority’)”.

(6) In Article 6 (administrative provisions for EC type-approval: emissions and access to vehicle repair and maintenance information)—

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

(b) in paragraphs 1 and 3, for “an EC type-approval” substitute “a GB type-approval”;

(c) in paragraph 1—

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

(ii) in the third subparagraph, for “An approval” substitute “The approval”;

(d) in paragraph 2, omit the second subparagraph;

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

(7) In Article 7 (amendments to type-approvals), for “Articles 13, 14 and 16 of Directive 2007/46/EC” substitute “Articles 33 and 34 of Regulation (EU) 2018/858”.

(8) In Article 8 (conformity of production), in paragraph 1, for “Article 12 of Directive 2007/46/EC”, substitute “Article 31 of Regulation (EU) 2018/858”.

(9) In Article 9 (in service conformity)—

(a) in paragraph 1, for “Annex X to Directive 2007/46/EC” substitute “Annex IV to Regulation (EU) 2018/858”;

(b) in paragraph 4, for “the Union” substitute “Great Britain”;

(c) in paragraph 5, omit “granting type”;

(d) in paragraph 6, omit “granting”;

(e) in paragraph 7—

(i) for the first and second subparagraphs, substitute—

“7.   If the approval authority has established that an in-service conformity family fails the in-service conformity check, it must inform the manufacturer that an in-service conformity family fails the in-service conformity checks and that the procedures described in points 6 and 7 of Annex II must be followed.”;

(ii) omit the third subparagraph;

(f) in paragraph 8—

(i) in point (a), for “Article 3(7) of Directive 2007/46/EC” substitute “Article 3(8) of Regulation (EU) 2018/858”;

(ii) in point (b)—

(aa) for “points 5.2 and 5.5 of Part A of Annex II to Directive 2007/46/EC”, substitute “points 5.2, 5.4 and 5.5 of Part A of Annex I to Regulation (EU) 2018/858”;

(bb) for “Annex II to Directive 2007/46/EC”, the second time it occurs, substitute “Annex I to Regulation (EU) 2018/858”.

(10) In Article 10 (pollution control devices), in paragraph 1—

(a) for “EC type-approved”, both times it occurs, substitute “GB type-approved”;

(b) for “Article 10(2) of Directive 2007/46/EC” substitute “Article 29(1) of Regulation (EU) 2018/858”.

(11) In Article 11 (application for EC type-approval: replacement pollution device as a separate technical unit), in the heading and in paragraph 1, for “EC type-approval” substitute “GB type-approval”.

(12) In Article 12 (administrative provisions for EC type-approval: replacement pollution device as a separate technical unit)—

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

(b) in paragraphs 1 and 2, for “an EC type-approval” substitute “a GB type-approval”;

(c) in paragraph 1, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”.

(13) In Article 13 (access to vehicle OBD etc), omit paragraph 9.

(14) In Article 14 (compliance with obligations re access to vehicle OBD and vehicle repair and maintenance information), in paragraph 1, for “An approval” substitute “The approval”.

(15) In Article 15 (transitional provisions)—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “national authorities”, both times it occurs, substitute “the approval authority”;

(ii) for “EC type approval or national type approval”, both times it occurs, substitute “GB type-approval”;

(c) in paragraph 3—

(i) in the first subparagraph—

(aa) for “national authorities” substitute “the Secretary of State”;

(bb) for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;

(ii) in the third subparagraph, for the words “national authorities” to the end, substitute “the registration, sale or entry into service of new vehicles that do not comply with Annex VI to this Regulation is prohibited.”;

(d) in paragraph 4, in the second subparagraph, for “EC type-approval” substitute “GB type-approval”;

(e) in paragraph 5, in point (c) for “authorities” substitute “authority”;

(f) omit paragraph 6;

(g) in paragraph 9—

(i) in the first subparagraph—

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

(bb) for “EC type approval or national type approval” substitute “GB type-approval”;

(ii) in the second subparagraph, for the words “national authorities” to the end, substitute “the registration, sale or entry into service of new vehicles that do not comply with that Article is prohibited.”;

(h) in paragraph 10, in the first subparagraph, for the words from “national authorities” to the end, substitute “the registration, sale or entry into service of new vehicles that do not comply with the requirements set out in Annex VIII of Commission Implementing Regulation (EU) 2020/683 is prohibited.”.

(16) After Article 20 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.