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

Commission Regulation (EU) No 109/2011

63.—(1) Commission Regulation (EU) No 109/2011 is amended as follows.

(2) In Article 1 (scope), for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

(3) In Article 2 (definitions)—

(a) in point (11), for the words from “point 2.15” to the end, substitute “point 35 of Article 2 of Commission Regulation (EU) No. 1230/2012(1)”;

(b) in point (12), for the words from “point 2.6” to the end, substitute “point 4 of Article 2 of Commission Regulation (EU) No. 1230/2012”;

(c) in point (13), for the words from “as defined” to the end, substitute “which comes into contact with the ground”;

(d) in point (15), for “as defined in point 2.1.1.2.2 of Annex I to Directive 97/27/EC” substitute “which is designed and constructed exclusively or principally to tow semi-trailers”;

(e) in point (16), for “point 2.8 of Annex I to Directive 2007/46/EC”, substitute “point 7 of Article 2 of Commission Regulation (EU) No. 1230/2012”.

(4) In Article 3 (EC type-approval of a vehicle re spray suppression systems)—

(a) in the heading, and in paragraph 1, for “EC type-approval” substitute “GB type-approval”;

(b) in paragraphs 3 and 4, for “an EC type-approval” substitute “a GB type-approval”;

(c) in paragraph 3—

(i) in the first subparagraph, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(ii) in the second subparagraph, for “An approval” substitute “The approval”.

(5) In Article 4 (EC separate technical unit type-approval of spray suppression systems)—

(a) in the heading, and in paragraph 1 for “EC separate” substitute “GB separate”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “an EC” substitute “a GB”;

(bb) for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(ii) in the second subparagraph, for “An approval” substitute “The approval”;

(c) in paragraph 3, for “EC type-approval” substitute “GB type-approval”.

(6) In Article 5 (EC separate technical unit type-approval mark)—

(a) for “EC separate”, in the heading and the first other time it occurs, substitute “GB separate”;

(b) for “an EC” substitute “a GB”;

(c) at the end, insert as a new subparagraph—

“This Article does not apply to a separate technical unit which was manufactured before 1 February 2026 and is of a type which has been approved by an approval authority of a member State in accordance with Commission Regulation (EU) 109/2011(2) or Annex VIII of Commission Implementing Regulation (EU) 2021/535(3), in each case as they have effect in EU law.”.

(7) In Article 6—

(a) omit “National authorities shall permit”;

(b) for “2012 and” substitute “2012 is permitted, and the approval authority must”.

(8) After Article 7 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”

(9) In Annex I (administrative documents for EC type approval of vehicles re their spray suppression systems)—

(a) in the heading and in the first paragraph of Part 1, for “EC type-approval” substitute “GB type-approval”;

(b) in Part 2—

(i) in the certificate heading, and each time it occurs, for “EC type-approval” substitute “GB type-approval”;

(ii) in the opening section, for “Regulation (EU) … / …, as last amended by Regulation (EU) No …/…” substitute “Regulation (EU) No 109/2011, as it has effect in domestic law, and as last amended by S.I. …../……”;

(c) in note (3) after Part 2, for “Directive 2007/46/EC, Annex II, Section A” substitute “Article 4 of Regulation (EU) 2018/858”;

(d) in the heading to the Addendum to Part 2, for “EC type-approval” substitute “GB type-approval”.

(10) In Annex II (administrative documents for EC type-approval of spray suppression systems as separate technical units)—

(a) in the heading and each time it occurs, for “EC type-approval” substitute “GB type-approval”;

(b) in Part 1—

(i) in point 0.7, for “EC approval” substitute “GB approval”;

(ii) in point 1.3, for “EC component” substitute “GB component”;

(c) in Part 2—

(i) in the opening section, for “Regulation (EU) No … / …, as last amended by Regulation (EU) No …/…” substitute “Regulation (EU) No 109/2011, as it has effect in domestic law, and as last amended by S.I. …../……”;

(ii) in point 0.7 of section I, for “EC approval” substitute “GB approval”;

(d) in Part 3—

(i) for point 1.1, substitute—

“1.1.   A rectangle surrounding the lower-case letter “g” followed by the number “11”.”

(ii) in point 3, for the example of a separate technical unit type-approval mark, substitute—

“

”.

(iii) in the legend following the example, omit “by The Netherlands”.

(11) In Annex III (requirements and tests for spray suppression devices)—

(a) in the heading to point 2, for “EC component” substitute “GB component”;

(b) in point 2.1—

(i) for “EC component” substitute “GB component”;

(ii) for “Article 7 of Directive 2007/46/EC” substitute “Article 23 of Regulation (EU) 2018/858”;

(c) in point 2.4.1, for “EC component” substitute “GB component”;

(d) in point 2.4.2, for “the Appendix of Annex VII to Directive 2007/46/EC” substitute “Annex V to Commission Implementing Regulation (EU) 2020/683”.

(12) In Annex IV (requirements for type-approval of vehicles re their spray suppression systems), in point 0.1, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”.

(13) In Annex V (conformity of production and cessation of production)—

(a) in point 1.1, 1.2 and 2, for “EC component” each time it occurs, substitute “GB component”;

(b) in point 1.1 for “EC type-approval” substitute “GB type-approval”.

(1)

EUR 2012/1230.

(2)

OJ L 34, 9.2.2011, p. 2.

(3)

OJ L 117, 6.4.2021, p. 1.