The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022

Amendments to Chapter IV

26.—(1) In the Chapter heading for Chapter IV, for “EU” substitute “GB”.

(2) In Article 26 (General provisions on conduct of procedures for EU type-approval)—

(a) for “EU”, in the heading, and in paragraphs 1, 3 and 4, each time it occurs, substitute “GB”;

(b) in paragraph 2—

(i) in the opening words—

(aa) for “An approval” substitute “The approval”;

(bb) for “an EU” substitute “a GB”;

(ii) omit point (b);

(c) in paragraph 3, for the second subparagraph, substitute—

“The 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.”;

(d) in paragraph 5—

(i) for “an EU” substitute “a GB”;

(ii) omit the second sentence;

(e) in paragraph 6—

(i) for “an EU” substitute “a GB”;

(ii) omit the second subparagraph.

(3) Omit Article 27 (notifications of EU type-approval).

(4) In Article 28 (EU type-approval certificate)—

(a) for “EU”, in the heading, and in paragraphs 1, 2, 4 and 7, each time it occurs, substitute “GB”;

(b) in paragraph 2—

(i) omit “harmonised”;

(ii) omit “the identification of the Member State which granted the EU type-approval and for”;

(c) for paragraph 3, substitute—

“3.   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.”;

(d) in paragraph 5—

(i) for “an EU”, substitute “a GB”;

(ii) for “EU” the second time it occurs, substitute “GB”;

(e) in paragraph 7—

(i) after “regulatory acts” insert “or regulations”;

(ii) for “the implementing acts referred to in paragraph 3” substitute “Commission Implementing Regulation (EU) 2020/683(1), or regulations made under paragraph 3 as it is now in force”.

(5) In Article 29 (specific provisions concerning EU type-approvals for systems, components and separate technical units)—

(a) in the heading, and in paragraph 3, for “EU” each time it occurs, substitute “GB”;

(b) in paragraph 1, for “An EU” substitute “A GB”.

(6) In Article 30 (tests required for EU type-approval)—

(a) for “EU” each time it occurs, including in the heading, substitute “GB”;

(b) in paragraph 1, at the end, insert “or, where paragraph 2A applies, by the technical services of an approval authority of a member State (“an EU approval authority”)”;

(c) after paragraph 2, insert—

“2A.   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.”;

(d) for paragraph 3, substitute—

“3.   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.”;

(e) in paragraph 4, for “authorities” substitute “authority”;

(f) for paragraph 8, substitute—

“8.   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.”.

(7) In Article 31 (conformity of production arrangements)—

(a) in paragraph 1—

(i) for the words from the beginning to “type-approval shall” substitute “Where the approval authority has granted a GB type-approval, it must”;

(ii) omit the words from “, if necessary” to “other Member States”;

(b) in paragraph 2, for the words from the beginning to “type-approval shall” substitute “Where the approval authority has granted a GB whole-vehicle type-approval, it must”;

(c) in paragraph 3—

(i) for the words from the beginning to “type-approval shall” substitute “Where the approval authority has granted a GB type-approval, it must”;

(ii) omit the words from “, if necessary” to “other Member States”;

(d) in paragraph 4—

(i) omit “that granted the EU type-approval”;

(ii) for “EU” substitute “GB”;

(e) in paragraph 6, for the words from the beginning to “type-approval shall” substitute “Where the approval authority has granted a GB type-approval, it must”;

(f) in paragraph 7, for the words from the beginning to “EU type-approval” substitute “Where the approval authority has granted a GB type-approval and”;

(g) for paragraph 8, substitute—

“8.   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.”.

(8) Omit Article 32 (fees).

(1)

EUR 2020/683.