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)

Changes over time for: Article 37

Alternative versions:

30/05/2018- Amendment
Exit day: start of implementation period31/01/2020 11pm- Amendment
End of implementation period31/12/2020- Amendment
31/12/2022- Amendment
31/12/2022
Point in time

Status:

Point in time view as at 31/12/2022.

Changes to legislation:

Regulation (EU) 2018/858 of the European Parliament and of the Council, Article 37 is up to date with all changes known to be in force on or before 24 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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Article 37U.K.Certificate of conformity in electronic format

1.Without prejudice to Article 36(1), from 5 July 2026, the manufacturer shall, free of charge and without undue delay after the date of manufacture of the vehicle, make the certificate of conformity available to the approval authority F1... as structured data in electronic format in accordance with [F2retained direct EU legislation made under paragraph 8 as it had effect before IP completion day, or regulations made under paragraph 8 as it is now in force].

2.Without prejudice to Article 36(1), any manufacturer may make available certificates of conformity in accordance with paragraph 1 of this Article before 5 July 2026.

F33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F4The approval authority] may exempt manufacturers from the obligation set out in paragraph 1 of this Article with respect to types of vehicles which have [F5GB small series type-approval in accordance with Article 42], in accordance with Article 42.

5.[F6Where the approval authority receives] the certificate of conformity as structured data in electronic format in accordance with [F7retained direct EU legislation made under paragraph 8 as it has effect before IP completion day or regulations made under paragraph 8 as it is now in force], [F8it must] give read-only access to the certificate of conformity as laid down in Article 12(2). In the case of vehicles built in multiple stages such access shall be given to the manufacturer of the subsequent stage.

6.All data exchange in accordance with this Article shall be performed by means of secure data exchange protocols.

7.[F9The Secretary of State must] establish the organisation and structure of their data network to enable data reception of the certificates of conformity as structured data in electronic format in accordance with [F10retained direct EU legislation made under paragraph 8 as it has effect before IP completion day or regulations made under paragraph 8 as it is now in force] as from 1 September 2025, preferably by making use of existing systems for the exchange of structured data.

8.Taking into account the data that are required to be provided on the certificate of conformity in paper format, the [F11Secretary of State may make regulations] concerning certificates of conformity as structured data in electronic format setting out, in particular:

(a)the basic format and structure of the data elements of the certificates of conformity in electronic format and the messages used in the exchange;

(b)minimum requirements for secure data exchange, including the prevention of data corruption and data misuse, and measures to guarantee the authenticity of the electronic data, such as the use of digital signature;

(c)the means of exchange of the data of the certificate of conformity in electronic format;

(d)the minimum requirements for a vehicle-specific unique identifier and the form of information for the buyer in accordance with paragraph 5;

(e)the read-only access referred to in paragraph 5;

(f)exemptions for manufacturers of particular vehicle categories and types of vehicle that are produced in small series.

F12...

F139.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.From 5 July 2026, where, in exceptional cases, [F14the Secretary of State] so requests, the manufacturer shall issue a duplicate of the certificate of conformity in paper format.

Textual Amendments

F1Words in Art. 37(1) omitted (31.12.2022 at 11.00 p.m.) by virtue of 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), 28(2)(a)(i)

F2Words in Art. 37(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), 28(2)(a)(ii)

F3Art. 37(3) omitted (31.12.2022 at 11.00 p.m.) by virtue of 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), 28(2)(b)

F4Words in Art. 37(4) 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), 28(2)(c)(i)

F5Words in Art. 37(4) 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), 28(2)(c)(ii)

F6Words in Art. 37(5) 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), 28(2)(d)(i)

F7Words in Art. 37(5) 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), 28(2)(d)(iii)

F8Words in Art. 37(5) 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), 28(2)(d)(ii)

F9Words in Art. 37(7) 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), 28(2)(e)(i)

F10Words in Art. 37(7) 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), 28(2)(e)(ii)

F11Words in Art. 37(8) 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), 28(2)(f)(i)