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

Amendments to Chapter X

32.—(1) In Article 48 (making available on the market, registration or entry into service: vehicles other than end-of-series vehicles)—

(a) in paragraph 1, at the end, insert “or, where Article 5A applies to the vehicle, Articles 36 and 37 of the EU Type Approval Regulation.”;

(b) in paragraph 2, after “produced in” insert “medium and”.

(2) In Article 49 (making available on the market, registration or entry into service: end-of-series vehicles)—

(a) in paragraph 1—

(i) for “Member States” substitute “the Secretary of State”;

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

(iii) for “Union” substitute “United Kingdom”;

(b) in paragraph 2, for “EU” substitute “GB”;

(c) in paragraph 3—

(i) in the first subparagraph, for the words from “competent authority” to “in question” substitute “approval authority”;

(ii) in the second subparagraph—

(aa) for “Member States concerned” substitute “approval authority”;

(bb) omit “within their territory”;

(d) in paragraph 4, for “Member States shall” substitute “The Secretary of State must”;

(e) at the end, insert—

“5.   A request may be made under paragraph 3 in relation to—

(a) motor vehicles in relation to which the manufacturer holds a relevant EU approval which is no longer valid under the EU Type Approval Regulation and that—

(i) were in the United Kingdom before IP completion date, or

(ii) are qualifying Northern Ireland goods,

(b) trailers in relation to which the manufacturer holds a relevant EU approval which is no longer valid under the EU Type Approval Regulation and that—

(i) were in the United Kingdom before 1st January 2023, or

(ii) are qualifying Northern Ireland goods, and

(c) motor vehicles or trailers in relation to which the manufacturer holds a relevant NI type-approval which is no longer valid under the EU Type Approval Regulation.

6.   In paragraph 5, “relevant EU approval” and “relevant NI approval” have the meanings given in Article 5A.

7.   Where a request made under paragraph 3 includes any vehicle or trailer referred to in paragraph 5, references in paragraphs 1 and 2 to “GB type-approval” include a reference to “EU type-approval in accordance with the EU Type Approval Regulation”.”.

(3) In Article 50 (making available on the market or entry into service: components and separate technical units)—

(a) in paragraph 1, for “Components” substitute “Subject to paragraph 1A, components”;

(b) after paragraph 1, substitute—

“1A.   Components and separate technical units to which Article 5A applies, including those intended for the aftermarket, may also be made available on the market or entered into service provided that they comply with the requirements of the relevant regulatory acts listed in Annex II of the EU Type Approval Regulation and are properly marked in accordance with Article 38 of that Regulation.”;

(c) in paragraph 3—

(i) for “Member States may permit” substitute “Paragraph 1 does not apply to”;

(ii) omit “44”;

(iii) after “45” insert “or, where Article 5A applies to the vehicle, Articles 41, 42, 44 and 45 of the EU Type Approval Regulation”;

(d) in paragraphs 4 and 5, for “Member States may also permit” substitute “Paragraph 1 does not apply to”;

(e) after paragraph 5, insert—

“6.   Notwithstanding paragraph 1, replacement components and separate technical units that were EU type-approved before 1st January 2023 in accordance with the regulatory acts listed in Annex II of the EU Type Approval Regulation may be made available on the market or entered into service.”.