Regulation (EU) 2018/858 of the European Parliament and of the CouncilShow full title

[F1 Article 5A U.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

F1 Art. 5A inserted (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), 24(2)