Article 45U.K.Making available on the market or entry into service of components and separate technical units
1.Components or separate technical units may only be made available on the market or entered into service [F1if paragraph 1A applies to the components or separate technical units].
[F21A.This paragraph applies to components or separate technical units if they—
(a)comply with the requirements of the relevant regulatory acts listed in Annex II and are properly marked in accordance with Article 39;
(b)comply with the requirements of the relevant regulatory acts listed in Annex II to Regulation (EU) No 168/2013 as it has effect in EU law, provided that the component or separate technical unit—
(i)has approval under section 55(1A) or (1D) of the Road Traffic Act 1988,
(ii)was in the United Kingdom before 1st January 2023, or
(iii)is a qualifying Northern Ireland good; or
(c)comply with the requirements of the relevant regulatory acts listed in Annex II to Regulation (EU) No 168/2013 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement, provided that—
(i)they are properly marked in accordance with Article 39 of that Regulation, and
(ii)have approval under that Regulation from the Secretary of State.]
2.Paragraph 1 shall not apply in the case of components or separate technical units which are specifically constructed or designed for new vehicles not covered by this Regulation.
3.By way of derogation from paragraph 1, Member States may permit the making available on the market or entry into service of components or separate technical units which have been exempted from one or more provisions of this Regulation under Article 40 or are intended for mounting on vehicles covered by approvals granted under Article 42 that concern the component or separate technical unit in question.
4.By way of derogation from paragraph 1, and unless otherwise provided for in this Regulation or in one of the delegated acts adopted pursuant to this Regulation, Member States may permit the making available on the market or entry into service of components or separate technical units which are intended for mounting on vehicles which, when made available on the market or entered into service, were not required to be type-approved by this Regulation or by Directive 2002/24/EC.
[F35.By way of derogation from paragraph 1, replacement components and separate technical units that were EU type-approved before 1st January 2023 in accordance with the requirements listed in Annex I to Regulation (EU) No 168/2013 as it has effect in EU law may be made available on the market or entered into service.]
Textual Amendments
F1Words in Art. 45(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 74(2)(a)