CHAPTER IIIPROCEDURES FOR EU TYPE-APPROVAL

Article 22Procedures for EU type-approval

1

Where applying for a whole-vehicle type-approval, the manufacturer may choose one of the following procedures:

a

step-by-step type-approval;

b

single-step type-approval;

c

mixed type-approval.

In addition, the manufacturer may choose a multi-stage type-approval for an incomplete or completed vehicle.

2

Without prejudice to the requirements of the regulatory acts listed in Annex II, for system type-approval, component type-approval and separate technical unit type-approval only the single-step type-approval is applicable.

3

Multi-stage type-approval shall be granted in respect of an incomplete or completed type of vehicle that, having regard to the state of completion of the vehicle, conforms to the particulars in the information folder referred to in Article 24 and that meets the technical requirements laid down in the relevant regulatory acts listed in Annex II.

Multi-stage type-approval shall also apply to complete vehicles that have been converted or modified by another manufacturer after their completion.

4

The EU type-approval for the final stage of completion shall only be granted after the approval authority has verified, in accordance with the procedures laid down in Annex IX, that the type of vehicle approved at the final stage meets all applicable technical requirements at the time of the approval. Verification shall include a documentary check of all requirements covered by an EU type-approval for an incomplete type of vehicle granted in the course of a multi-stage procedure, including where the EU type-approval was granted for a different category of vehicle.

5

The choice of the procedure for EU type-approval referred to in paragraph 1 shall not affect the applicable requirements with which the approved type of vehicle has to comply at the time of granting of the whole-vehicle type-approval.

6

Multi-stage type-approval may also be used by a single manufacturer, provided it is not used to circumvent the requirements applicable to vehicles built in a single stage. Vehicles built by a single manufacturer are not considered to have been built in multiple stages for the purposes of Articles 41, 42 and 49.

Article 23Application for EU type-approval

1

The manufacturer shall submit to the approval authority an application for EU type-approval and the information folder referred to in Article 24.

2

Only one application shall be submitted in respect of a particular type of vehicle, system, component or separate technical unit. That single application shall be submitted in only one Member State and to only one approval authority therein.

A new application may not be submitted in another Member State in respect of the same type of vehicle, system, component or separate technical unit where:

a

an approval authority has refused to grant a type-approval of that type;

b

an approval authority has withdrawn type-approval of that type; or

c

the manufacturer has revoked an application for a type-approval of that type.

The approval authority shall reject an application for a type-approval of a different type designation or of a modification with respect to a previous application where the changes are not sufficient to constitute a new type of vehicle, system, component or separate technical unit.

3

An application for an EU type-approval of a particular type of vehicle, system, component or separate technical unit shall include a declaration by the manufacturer certifying, in accordance with the second subparagraph of paragraph 2 that:

a

the manufacturer has not applied for an EU type-approval for the same type to any other approval authority, and no other approval authority granted the manufacturer such an approval;

b

no approval authority has refused to grant type-approval of that type;

c

no approval authority has withdrawn type-approval of that type; and

d

the manufacturer has not revoked an application for a type-approval of that type.

4

A separate application shall be submitted for each type of vehicle, system, component or separate technical unit to be approved.

Article 24Information folder

1

The information folder shall include the following:

a

an information document, in accordance with the template laid down in the implementing acts referred to in paragraph 4, for single-step type-approval or mixed whole-vehicle type-approval or for step-by-step whole-vehicle type-approval or, in the case of the type-approval of a system, component or separate technical unit, in accordance with the relevant regulatory act listed in Annex II;

b

all data, drawings, photographs and other relevant information;

c

for vehicles, an indication of the procedure or procedures chosen in accordance with Article 22(1);

d

any additional information requested by the approval authority in the context of the EU type-approval procedure.

2

The information document referred to in point (a) of paragraph 1 for whole-vehicle type-approval shall contain a complete set of information on the characteristics of the type of vehicle that is necessary for the approval authority to identify the type of vehicle and to properly conduct the type-approval procedure.

3

The manufacturer shall submit the information folder to the approval authority in an electronic format that is acceptable to that authority. The approval authority may also accept the information folders that are submitted in paper format.

4

The Commission shall adopt implementing acts laying down the template for the information document and any other part of the information folder, and a harmonised electronic format for the purposes of paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 83(2). The first such implementing act shall be adopted by 5 July 2020.

Article 25Additional information to be provided with an application for EU type-approval

1

An application for a step-by-step type-approval shall be accompanied, in addition to the information folder referred to in Article 24, by the complete set of EU type-approval certificates or UN type-approval certificates, and their attachments, that are required pursuant to the regulatory acts listed in Annex II.

In the case of a system type-approval, a component type-approval or a separate technical unit type-approval, pursuant to the regulatory acts listed in Annex II, the approval authority shall have access to the information folder and, if applicable, the EU type-approval certificates and their attachments until the whole-vehicle type-approval is either granted or refused.

2

An application for a mixed type-approval shall be accompanied, in addition to the information folder referred to in Article 24, by the EU type-approval certificates or UN type-approval certificates, and their attachments, that are required pursuant to the regulatory acts listed in Annex II.

For systems for which no EU type-approval certificate or UN type-approval certificate has been presented, the application shall be accompanied, in addition to the information folder referred to in Article 24, by the information required for the approval of those systems during the vehicle approval phase, and by a test report instead of the EU type-approval certificate or UN type-approval certificate.

3

An application for a multi-stage type-approval shall be accompanied by the following information:

a

in the first stage, by those parts of the information folder and the EU type-approval certificates, UN type-approval certificates or, if applicable, the test reports, that are relevant to the state of completion of the base vehicle;

b

in the second and subsequent stages, by those parts of the information folder and the EU type-approval certificates or UN type-approval certificates that are relevant to the current stage of completion, together with a copy of the EU whole-vehicle type-approval certificate that was issued at the preceding stage of construction, as well as full details of any changes or additions that the manufacturer has made to the vehicle.

The information specified in this paragraph shall be supplied in accordance with Article 24(3).

4

The approval authority and technical services shall have the access to the software and algorithms of the vehicle that they consider to be necessary for the purpose of carrying out their activities.

The approval authority and technical services may also require the manufacturer to supply documentation or any additional information needed to allow the approval authority or technical services to develop an appropriate level of understanding of the systems, including the system development process and the system concept, as well as the functions of software and algorithms that are necessary to verify compliance with the requirements of this Regulation, to take a decision on which tests are required or to facilitate the execution of those tests.