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

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)

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Regulation (EU) 2018/858 of the European Parliament and of the Council, CHAPTER IV is up to date with all changes known to be in force on or before 23 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. Help about Changes to Legislation

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Changes and effects yet to be applied to Chapter IV:

CHAPTER IVU.K.CONDUCT OF PROCEDURES FOR [F1GB]  TYPE-APPROVAL

Article 26U.K.General provisions on conduct of procedures for [F2GB]  type-approval

1.For each type of vehicle, system, component or separate technical unit, only one [F3GB]  type-approval may be granted.

2.[F4The approval] authority, having received an application in accordance with Article 23, shall only grant [F5a GB]  type-approval after having verified all of the following:

(a)the conformity of production arrangements referred to in Article 31;

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the compliance of the type of vehicle, system, component or separate technical unit with the applicable requirements;

(d)in the case of whole-vehicle type-approvals in accordance with the step-by-step, mixed or multi-stage type-approval procedures, the approval authority shall verify, in accordance with Article 22(4), that the systems, components and separate technical units are covered by separate and valid type-approvals that have been granted pursuant to the requirements applicable at the time of the granting of the whole-vehicle type-approval.

3.The procedures with respect to [F7GB]  type-approval, that are set out in Annex III, and the procedures with respect to multi-stage type-approval, set out in Annex IX, shall apply.

[F8The Secretary of State may by regulations amend Annexes III and IX to update the procedures in those Annexes in relation to GB type-approval and multi-stage approval to take into account regulatory and technological developments.]

4.The approval authority shall put together an information package consisting of the information folder referred to in Article 24, accompanied by the test reports and all other documents that were added to the information folder by the technical service or by the approval authority while carrying out their tasks.

The information package may be kept electronically. It shall contain an index that clearly indicates all of the pages and the format of each document, and that chronologically records any changes to the [F7GB]  type-approval.

The approval authority shall keep the information package available for a period of 10 years after the end of the validity of the [F7GB]  type-approval concerned.

5.The approval authority shall refuse to grant [F9a GB]  type-approval where it finds that a type of vehicle, system, component or separate technical unit that complies with the applicable requirements nonetheless presents a serious risk to safety or may seriously harm the environment or public health. F10...

6.In accordance with Article 22(4), in the case of step-by-step, mixed and multi-stage type-approval procedures, the approval authority shall refuse to grant [F11a GB]  type-approval where it finds that systems, components or separate technical units do not comply with the requirements set out in this Regulation.

F12...

Textual Amendments

F13Article 27U.K.Notification of EU type-approval granted, amended, refused and withdrawn

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 28U.K. [F14GB] type-approval certificate

1.The [F15GB]  type-approval certificate shall contain the following attachments:

(a)the information package referred to in Article 26(4);

(b)the test reports referred to in Article 30 in the case of a system, component or separate technical unit type-approval, or the test results sheet in the case of whole-vehicle type-approval;

(c)in the case of the whole-vehicle type-approval, the name and the specimen of the signature of the person or persons authorised to sign the certificates of conformity and a statement of their position in the company;

(d)in the case of the whole-vehicle type-approval, a filled-out specimen of the certificate of conformity of the vehicle type.

2.The [F15GB]  type-approval certificate shall be given a unique number in accordance with a F16... numbering system, which shall at least allow for F17... the identification of the requirements to which the type of vehicle, system, component or separate technical unit conforms.

[F183.The Secretary of State may by regulations lay down templates and provide for electronic formats for—

(a)the GB type-approval certificate;

(b)the numbering system; and

(c)the test result sheet.]

4.In respect of each type of vehicle, system, component and separate technical unit, the approval authority shall:

(a)complete all the relevant sections of the [F19GB]  type-approval certificate, including its attachments;

(b)compile the index to the information package as referred to in Article 26(4);

(c)issue the completed [F19GB]  type-approval certificate and its attachments to the manufacturer without delay.

5.In the case of [F20a GB]  type-approval, the validity of which has been restricted in accordance with Article 39, Article 43 or Part III of Annex II, or in relation to which certain provisions of this Regulation or of the regulatory acts listed in Annex II do not apply, the [F21GB]  type-approval certificate shall specify those restrictions or the relevant provisions that do not apply.

6.Where a manufacturer of a vehicle chooses the mixed type-approval procedure, the approval authority shall complete the information package as referred to in Article 26(4) with the references to the test reports referred to in Article 30 for the systems, components or separate technical units for which no EU type-approval certificate has been issued. The approval authority shall also clearly identify in the information package the technical requirements of the regulatory acts listed in Annex II against which the vehicle was tested.

7.Where a manufacturer of a vehicle chooses the single-step type-approval procedure, the approval authority shall attach to the [F22GB]  type-approval certificate a list of relevant regulatory acts [F23or regulations] in accordance with the template provided in [F24Commission Implementing Regulation (EU) 2020/683, or regulations made under paragraph 3 as it is now in force].

Textual Amendments

Article 29U.K.Specific provisions concerning [F25GB]  type-approvals for systems, components and separate technical units

1.[F26A GB]  type-approval shall be granted in respect of a system, component or separate technical unit that 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.

2.Where components or separate technical units, whether or not intended for repair, servicing or maintenance, are also covered by a system type-approval with respect to a vehicle, no additional component or separate technical unit type-approval shall be required unless such type-approval is provided for under the relevant regulatory acts listed in Annex II.

3.Where a component or separate technical unit fulfils its function or offers a specific feature only in conjunction with other parts of the vehicle, thereby making it possible to verify compliance only where the component or separate technical unit operates in conjunction with those other vehicle parts, the scope of the [F27GB]  type-approval of the component or the separate technical unit shall be restricted accordingly.

In such cases, the [F27GB]  type-approval certificate shall specify any restrictions on the use of the component or the separate technical unit, and shall indicate the special conditions for fitting that component or separate technical unit in a vehicle.

Where that component or separate technical unit is fitted in a vehicle, the approval authority shall verify, at the time of the approval of the vehicle, that the component or separate technical unit complies with all applicable restrictions on the use or conditions for fitting.

Textual Amendments

Article 30U.K.Tests required for [F28GB]  type-approval

1.For the purpose of granting [F28GB]  type-approvals, the approval authority shall verify compliance with the technical requirements of this Regulation by means of appropriate tests that are performed by its technical services [F29or, where paragraph 2A applies, by the technical services of an approval authority of a member State (“an EU approval authority”)].

2.The fundamental elements of the tests, including the technical requirements for which compliance was verified by the tests, shall be recorded in a test report.

[F302A.The approval authority may rely on tests performed by the technical services of an EU approval authority where those tests are recorded in test reports and—

(a)the test report was issued—

(i)before 31st December 2026, in the case of vehicles in category M or N, or

(ii)before 31st December 2027, in the case of vehicles in category O, components or separate technical units;

(b)the tests described in the test report were made under any regulatory act set out in the table in Part I of Annex II as those regulatory acts apply in the law of the member State concerned;

(c)the test report shows that the vehicle, component or separate technical unit meets one or more of the requirements of that regulatory act is it has effect in domestic law on the date on which the GB type-approval is issued; and

(d)the EU type-approval to which the test report relates has not been invalidated since IP completion day otherwise than in accordance with Article 35(2)(a) of the EU Type Approval Regulation as that Regulation has effect in the law of the member State concerned.

2B.Where the EU type-approval referred to in paragraph 2A(d) has been extended or revised, the approval authority may take into account any test report or letter of no concern which accompanied any such extension or revision.]

[F313.The Secretary of State may by regulations—

(a)amend Commission Implementing Regulation (EU) 2020/683, or

(b)make further provision on the format of the test reports.]

4.The manufacturer shall make available to the approval [F32authority] and provide to the technical services concerned the vehicles, systems, components or separate technical units that are required under the relevant regulatory acts listed in Annex II for the performance of the required tests.

5.The required tests shall be performed on vehicles, systems, components and separate technical units that are representative of the type to be approved.

6.Where a range of values is provided for the parameters and for the conditions used for the performance of the appropriate tests referred to in paragraph 1, the technical services may choose any value within that range.

7.At the request of the manufacturer, and subject to the agreement of the approval authority, virtual testing methods may be used in accordance with Annex VIII as alternatives to the tests referred to in paragraph 1.

[F338.The Secretary of State may by regulations amend Annex VIII to take account of technical and regulatory developments by updating the list of regulatory acts relating to—

(a)which virtual testing methods may be used by a manufacturer or a technical service, and

(b)the specific conditions under which those virtual testing methods are to be used.]

Textual Amendments

Article 31U.K.Conformity of production arrangements

1.[F34Where the approval authority has granted a GB type-approval, it must] take the necessary measures in accordance with Annex IV to verify F35..., that the manufacturer produces the vehicles, systems, components or separate technical units in conformity with the approved type.

2.[F36Where the approval authority has granted a GB whole-vehicle type-approval, it must] verify a statistically relevant number of samples of vehicles and certificates of conformity on their compliance with Articles 36 and 37 and shall verify that the data in those certificates of conformity are correct.

3.[F37Where the approval authority has granted a GB type-approval, it must] take the necessary measures to verify F38..., that the arrangements referred to in paragraphs 1 and 2 of this Article continue to be adequate so that vehicles, systems, components or separate technical units in production continue to conform to the approved type and that certificates of conformity continue to comply with Articles 36 and 37.

4.In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority F39... shall take the necessary measures to carry out the checks or tests on samples taken at the manufacturer's premises, including production facilities that are required for [F40GB]  type-approval.

In accordance with Annex IV, the approval authority shall take the necessary measures to carry out such checks or tests with the frequency set out in the regulatory acts listed in Annex II, or, if no frequency is specified in those acts, at least once every three years.

5.In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority or the technical services shall:

(a)if a range of values is provided for in the test procedures laid down in the relevant regulatory acts listed in Annex II, set the values in a random manner within the provided range when carrying out checks or tests; and

(b)have access to the software, algorithms, documentation and any additional information in accordance with Article 25(4).

6.[F41Where the approval authority has granted a GB type-approval, it must] take the necessary measures to verify that the manufacturer complies with the obligations set out in Chapter XIV. It shall verify in particular whether, in order to comply with those obligations, the manufacturer has amended or supplemented the vehicle OBD information and vehicle repair and maintenance information.

7.[F42Where the approval authority has granted a GB type-approval and] establishes that the manufacturer no longer produces the vehicles, systems, components or separate technical units in conformity with the approved type or with the requirements of this Regulation, or establishes that the certificates of conformity no longer comply with Articles 36 and 37, even though production is continued, it shall take the necessary measures to ensure that the arrangements for conformity of production are followed correctly or withdraw the type-approval. The approval authority may decide to take all necessary restrictive measures in accordance with Chapter XI.

[F438.The Secretary of State may by regulations amend Annex IV to take account of technological and regulatory developments by updating the conformity of production procedures.]

Textual Amendments

F44Article 32U.K.Fees

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Textual Amendments

Textual Amendments

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