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

Commission Regulation (EU) No 351/2012

70.—(1) Commission Regulation (EU) No 351/2012 is amended as follows—

(2) In Article 1 (scope)—

(a) in the opening words, for “Annex II to Directive 2007/46/EC of the European Parliament and of the Council” substitute “Article 4 of Regulation (EU) 2018/858”;

(b) in point 4, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(c) in point 5, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”.

(3) In Article 3 (EC type-approval of a type of vehicle re LDWS)—

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

(b) 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 “A Member State” substitute “The approval authority”;

(c) in paragraphs 3 and 4, for “an EC” substitute “a GB”;

(d) after paragraph 4, insert—

“5.   Where an application for approval is made before 31st December 2026 under paragraph 1 in respect of a vehicle type which has been approved by the approval authority of a member State under Commission Regulation (EU) 351/2012, as that Regulation has effect in EU law, by way of derogation to point 2.2.3.1 of Annex II to this Regulation, the visible lane markings used in the lane departure tests of point 2.6 may be any one of those identified in the Appendix to Annex II, provided that the approval authority has been presented with documentary evidence in accordance with point 2.2.3.2 of Annex II demonstrating compliance with the UK lane markings specified in table 1 in the Appendix to Annex II.”.

(4) After Article 4 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

(5) In Annex I (standard models for the information document and EC type-approval certificate)—

(a) in the heading and each time it appears, for “EC” substitute “GB”;

(b) in the explanatory notes following Part 1—

(i) in note (^c), for “Part A of Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;

(ii) in note (^g5), for “point 2.4.1 of Annex I to Directive 97/27/EC of the European Parliament and of the Council” substitute “point 22 of Article 2 of Commission Regulation (EU) 1230/2012, taking into account Appendix 1 to Annex I”;

(iii) in note (^g7), for “point 2.4.2 of Annex I to Directive 97/27/EC” substitute “point 23 of Article 2 of Commission Regulation (EU) 1230/2012, taking into account Appendix 1 to Annex I”;

(c) in Part 2, for “as amended” substitute “as it forms part of domestic law, and as last amended by S.I. …./….”;

(d) in the explanatory notes following Part 2, in note (³), for “Section A of Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;

(e) in the heading to the Addendum to Annex I, for “EC” substitute “GB”.

(6) In Annex II (requirements and tests for the type-approval of motor vehicles re lane departure warnings systems)—

(a) in point 2.2.3.1—

(i) after “to this Annex” insert “as being used in the United Kingdom”;

(ii) for “Member State concerned” substitute “United Kingdom”;

(b) in point 2.2.3.2, after “to this Annex” insert “as being used in the United Kingdom”.