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

Amendments to Chapter VI

28.—(1) In Article 36 (certificate of conformity in paper format)—

(a) in paragraph 1—

(i) for “The”, the first time it occurs substitute “Except as permitted in paragraph 1A, the”;

(ii) for “implementing acts referred to in paragraph 4” substitute “Commission Implementing Regulation (EU) 2020/683, or regulations made under paragraph 4 as it is now in force”;

(b) after paragraph 1, insert—

“1A.   A manufacturer may use the template provided for in Commission Implementing Regulation (EU) 2020/683 as it has effect in EU law in the case of a vehicle which was manufactured before 6 July 2026 and to which a valid EU type-approval granted in accordance with the EU Type Approval Regulation also applies. A certificate of conformity so issued is to be treated as a GB certificate of conformity issued in accordance with this Article.”;

(c) in paragraph 4—

(i) in the opening words, for “The Commission shall adopt implementing acts concerning” substitute “The Secretary of State may by regulations make provision in relation to”;

(ii) omit the second subparagraph;

(d) in paragraph 5, for “at least one of the official languages of the Union” substitute “English”.

(2) In Article 37 (certificate of conformity in electronic format)—

(a) in paragraph 1—

(i) omit “that has granted the whole-vehicle type-approval”;

(ii) for “the implementing acts referred to in paragraph 8 of this Article” substitute “retained 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”;

(b) omit paragraph 3;

(c) in paragraph 4—

(i) for “Member States” substitute “The approval authority”;

(ii) for “national small series vehicle type-approval” substitute “GB small series type-approval in accordance with Article 42”;

(d) in paragraph 5—

(i) for “The approval authority receiving” substitute “Where the approval authority receives”;

(ii) for “shall” substitute “it must”;

(iii) for “the implementing acts referred to in paragraph 8 of this Article” substitute “retained 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”;

(e) in paragraph 7—

(i) for “Member States shall” substitute “The Secretary of State must”;

(ii) for “the implementing acts referred to in paragraph 8” substitute “retained 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”;

(f) in paragraph 8—

(i) in the first subparagraph, for “Commission shall adopt implementing acts” substitute “Secretary of State may make regulations”;

(ii) omit the second subparagraph;

(g) omit paragraph 9;

(h) in paragraph 10, for “a national authority” substitute “the Secretary of State”.

(3) In Article 38 (manufacturer’s statutory and additional plates, markings and type-approval mark of components and separate technical units)—

(a) in paragraph 1, at the end, insert “or, where Article 5A applies to the vehicle, the markings required under the EU Type Approval Regulation and the relevant regulatory acts listed in Annex II to that Regulation”;

(b) for paragraph 3, substitute—

“3.   The Secretary of State may by regulations—

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

(b) make further provision concerning the model for the GB type-approval mark.”;

(c) in paragraph 4, at the end insert “or, where Article 5A applies to the vehicle, component or separate technical unit, with the EU Type Approval Regulation”.