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

CHAPTER 1 Regulation (EU) 2018/858

Regulation (EU) 2018/858

22.  Regulation (EU) 2018/858 is amended in accordance with regulations 23 to 48.

Amendments to Chapter I

23.—(1) In Article 2(3) (scope), in the words after sub-paragraph (c), for “Directive 2006/42/EC of the European Parliament and of the Council” substitute “the Supply of Machinery (Safety) Regulations 2008(1)”.

(2) In Article 3 (definitions)—

(a) in point (2), for “this Regulation” substitute “Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market authorisation of motor vehicles and their trailers, and of systems, components and separate technical units, as it has effect in EU law”;

(b) after point (2), insert—

“(2A) “GB type-approval’ means the procedure whereby the approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of this Regulation;”;

(c) in point (3)—

(i) after “procedure” insert “in Article 42”;

(ii) for “an approval” substitute “the approval”;

(iii) omit the words from “laid down” to the end;

(d) after point (5), insert—

“(5A) “EU certificate of conformity” means the document issued by the manufacturer which certifies that a produced vehicle conforms to the approved type of vehicle and complies with all regulatory acts that were applicable in the European Union at the time of its production;

(5B) “GB certificate of conformity” means the document issued by the manufacturer which certifies that a produced vehicle conforms to the approved type of vehicle and complies with this Regulation;

(5C) “UK (NI) certificate of conformity” means that document issued by the manufacturer which certifies that a produced vehicle conforms to the approved type of vehicle and complies with all regulatory acts that were applicable in Northern Ireland at the time of its production, but does not include, for the purposes of this Regulation, a certificate of conformity relating to a UK (NI) national small series type-approval issued under regulation 16(7) of the Road Vehicles (Approval) Regulations 2020(2);”;

(e) in point (6), omit “EU individual vehicle approval or national”;

(f) in point (9), for “EU” substitute “GB”;

(g) in point (10), for “an approval” substitute “the approval”;

(h) in point (11), for “EU” substitute “GB”;

(i) in points (12), (13) and (14), for “an approval” substitute “the approval”;

(j) in point (34), for “relevant Union harmonisation” substitute “applicable”;

(k) in point (35)—

(i) omit “national”,

(ii) omit “on the territory of the Member State”;

(l) in point (36)—

(i) omit “of a Member State, notified to the Commission by that Member State,”;

(ii) omit “for acting as the contact point for the approval authorities of the other Member States,”;

(m) omit point (37);

(n) in point (39), for the definition of “national accreditation body”, substitute—

““national accreditation body” means—

(a)

the UK national accreditation body as defined in point (11) of Article 2 of Regulation (EC) No 765/2008(3), or

(b)

in cases where a technical service is located in a member State, the accreditation body as defined in point (11) of Article 2 of Regulation (EC) No 765/2008(4) as it has effect in EU law;”;

(o) in point (41) and (42), for “the Union” substitute “Great Britain”;

(p) in point (50) and (52), for “the Union” substitute “Great Britain”;

(q) after point (58), insert—

“(59) “EU Type Approval Regulation” means Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, as that Regulation has effect in EU law, as amended from time to time, and as it has effect by virtue of the Northern Ireland Protocol;

(60) “qualifying Northern Ireland goods” has the meaning given in section 47 of the United Kingdom Internal Market Act 2020(5);

(61) “retained direct EU legislation” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018(6);

(62) “the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.”.

(3) In Article 4(2), in the second subparagraph, for “The Commission is empowered to adopt delegated acts in accordance with Article 82, amending” substitute “The Secretary of State may by regulations, amend”.

Amendments to Chapter II

24.—(1) In Article 5 (technical requirements)—

(a) in paragraph 1, after “technical units” insert “for which approval is sought under this Regulation”.

(b) in paragraph 2—

(i) in point (a), for “EU” substitute “GB”;

(ii) in point (c), and in the second subparagraph, for “, market surveillance authorities or the Commission”, substitute “or market surveillance authorities”;

(c) in paragraph 3, for “The Commission is empowered to adopt delegated acts in accordance with Article 82, amending”, substitute “The Secretary of State may by regulations amend”.

(2) After Article 5, insert—

“Article 5A Recognition of EU type approvals in Great Britain

1.   Subject to compliance by manufacturers, distributors, importers and other economic operators with their obligations as set out in Articles 13, 14, 16, 17, 18, 19, 20, 38, 48, 50, 51 and 52, nothing in this Regulation, or in the regulatory acts listed in Annex II, prohibits the placing on the market, registration or entry into service in Great Britain of any vehicle, or any system, component or separate technical unit, to which this Article applies.

2.   This Article applies to the following vehicles—

(a) a vehicle which was in the United Kingdom before IP completion day, and a trailer which was in the United Kingdom before 1st January 2023, provided that the manufacturer of the vehicle or trailer holds a relevant EU approval in relation to that vehicle or trailer;

(b) a vehicle in relation to which the manufacturer holds a valid type-approval certificate issued by the Secretary of State under section 55(1A) or (1D) of the Road Traffic Act 1988(7);

(c) a vehicle in relation to which the manufacturer holds a relevant NI approval;

(d) a vehicle—

(i) which is a qualifying Northern Ireland good, and

(ii) in relation to which the manufacturer holds a relevant EU approval;

(e) an incomplete vehicle—

(i) to which Article 22(4A) applies, and

(ii) in respect of which the manufacturer holds a relevant EU approval.

3.   This Article applies to the following systems, components and separate technical units—

(a) a system, component or separate technical unit which was manufactured before 1st January 2023 in relation to which the manufacturer holds a relevant EU approval;

(b) a system, component or separate technical unit in relation to which the manufacturer holds a valid type-approval certificate issued by the Secretary of State under section 55(1A) or (1D) of the Road Traffic Act 1988;

(c) a system, component or separate technical unit in relation to which the manufacturer holds a relevant NI approval;

(d) a system, component or separate technical unit—

(i) which is a qualifying Northern Ireland good, and

(ii) in relation to which the manufacturer holds a relevant EU approval;

(e) any system or component fitted to a complete or an incomplete vehicle—

(i) to which Article 22(4A) applies, and

(ii) in relation to which the manufacturer holds a relevant EU approval.

4.   For the purposes of this Regulation—

(a) “a relevant EU approval” means a valid EU type-approval or EU individual vehicle approval issued—

(i) before IP completion day by a member State other than the United Kingdom in accordance with this Regulation as it has effect in EU law, or

(ii) on or after IP completion day in accordance with the EU Type Approval Regulation by a member State,

and includes any such approval which is revised or extended;

(b) “a relevant NI approval” means a valid EU type-approval, EU individual vehicle approval, national small series type-approval or national individual vehicle approval issued by the Secretary of State on or after IP completion day in accordance with the EU Type Approval Regulation as it has effect by virtue of the Northern Ireland Protocol, and includes any such approval which is revised or extended.

5.   This Article applies without prejudice to Article 50(6).”

(3) In Article 6 (obligations of Member States)—

(a) in the heading, for “Member States” substitute “the authorities”;

(b) omit paragraphs 1 to 3;

(c) for paragraph 4, substitute—

“4.   Vehicles, systems, components and separate technical units may only be placed on the market, registered or entered into service if they comply with this Regulation, or, where Article 5A applies to the vehicle, system or component, with the EU Type Approval Regulation.”;

(d) in paragraph 5—

(i) in the first subparagraph, for “Member States shall” substitute “The Secretary of State must”;

(ii) in the second subparagraph—

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

(bb) for the words from “harmonised dimensions” to the end, substitute “dimensions laid down in regulations 7 and 8 of the Road Vehicles (Construction and Use) Regulations 1986(8) and weights and axle loads laid down in regulation 4 of the Road Vehicles (Authorised Weight) Regulations 1998(9)”;

(e) in paragraph 6, for “Member States shall” substitute “The market surveillance authority must”;

(f) omit paragraph 7;

(g) in paragraph 8—

(i) in the first and second subparagraphs, for “Member States shall” substitute “The Secretary of State must”;

(ii) in the first subparagraph, omit the words from “, and the results thereof” to the end;

(iii) omit the third subparagraph;

(h) in paragraph 9—

(i) in the first and second subparagraphs, for “Member States shall” substitute “The Secretary of State must”;

(ii) in the first subparagraph, omit the words “and the results thereof” to the end;

(iii) omit the third subparagraph;

(i) omit paragraph 10.

(4) In Article 7 (obligations of approval authorities)—

(a) for “Approval authorities” each time it occurs, substitute “The approval authority”;

(b) in paragraph 1, at the end, insert “or, in the case of a relevant NI approval (within the meaning of Article 5A), the EU Type Approval Regulation”;

(c) in paragraph 2—

(i) in the first subparagraph—

(aa) for “They shall” substitute “It must”;

(bb) omit the words from “the obligation laid down” to “and to other”;

(cc) for “Union law” substitute “the law of the United Kingdom or of any part of the United Kingdom”;

(dd) for “in the Union” substitute “in the United Kingdom”;

(ii) omit the second subparagraph;

(d) in paragraph 3—

(i) for “market surveillance authorities”, both times it occurs, substitute “the market surveillance authority”;

(ii) for “approval authorities” substitute “the approval authority”;

(iii) for “EU type-approval certificate” substitute “GB type-approval certificate”;

(e) in paragraph 4, for “an approval authority” substitute “the approval authority”.

(5) In Article 8 (obligation of market surveillance authorities)—

(a) in paragraphs 1, 3, 8, 10, 12, for “Market surveillance authorities” each time it occurs, substitute “The market surveillance authority”;

(b) in paragraphs 1, 2, 9, 11 and 13, for “market surveillance authorities” substitute “market surveillance authority”;

(c) in paragraph 1, in point (c) of the second subparagraph—

(i) omit “the information exchanged in the Forum and”;

(ii) for “the implementing acts referred to in Article 13(10)” substitute “any retained direct EU legislation made under Article 13(10) as it had effect before IP completion day, or any regulations made under Article 13(10) as it is now in force”;

(d) in paragraph 2—

(i) in the first subparagraph—

(aa) omit “of each Member State”;

(bb) omit “per Member State”;

(cc) for “in that Member State” substitute “in Great Britain”;

(ii) in the second subparagraph, at the end insert “or, where Article 5A applies to the vehicle, the applicable regulatory acts listed in Annex II of the EU Type Approval Regulation.”;

(e) omit paragraphs 4 to 7;

(f) in paragraph 8—

(i) for “to the authorities”, substitute “to the authority”;

(ii) for “authorities consider” substitute “authority considers”;

(g) in paragraph 10—

(i) omit “within the territories of their Member States”;

(ii) omit “or the Commission”;

(h) in paragraph 11—

(i) omit “of one Member State”;

(ii) for “decide” substitute “decides”;

(iii) omit “relevant”;

(i) in paragraph 12—

(i) omit the words from “to the obligation” to “available to the Commission and”;

(ii) for “Union law” substitute “the law of the United Kingdom, or any part of the United Kingdom”;

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

(j) omit paragraphs 13 to 15.

(6) Omit Articles 9 to 11.

(7) In Article 12 (online data exchange)—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) in the first and second subparagraphs—

(aa) for “Member States”, both times it occurs, substitute “the Secretary of State”;

(bb) omit “in the common secure electronic exchange system,” both times it occurs;

(ii) for the third subparagraph, substitute—

“The Secretary of State may by regulations establish the format of, and the criteria for, public access to the information referred to in the first and second subparagraphs of this paragraph.”;

(c) omit paragraph 3;

(d) in paragraph 4—

(i) in the first paragraph—

(aa) for the words from the beginning to “in order to” substitute “The Secretary of State must”;

(bb) for “EU” both times it occurs, substitute “GB”;

(cc) for “1 September 2022” substitute “1 September 2024”;

(ii) for the second paragraph, substitute—

“The Secretary of State may by regulations establish the format of, and the criteria for, public access to the information referred to in the first subparagraph of this paragraph.”;

(e) in paragraph 5—

(i) for “Commission” substitute “Secretary of State”;

(ii) for “implementing acts” substitute “regulations”.

(8) In Article 13 (general obligations of manufacturers)—

(a) in paragraph 1—

(i) after “this Regulation” insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation”;

(ii) at the end, for “those in Article 5” substitute “the requirements of Article 5 of the Regulation in question”;

(b) in paragraph 4—

(i) for “EU type-approval” both times it occurs, substitute “GB type-approval”;

(ii) for “the Union” each time it occurs, substitute “Great Britain”;

(c) in paragraph 5, after “this Regulation”, insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation”;

(d) in paragraph 8, for “the Union” substitute “Great Britain”;

(e) in paragraph 9, at the end insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, in the EU Type Approval Regulation”;

(f) in paragraph 10—

(i) in the first subparagraph—

(aa) omit “without prejudice to Article 9(5) and”;

(bb) for “Union and national law” substitute “the law of the United Kingdom or of any part of the United Kingdom”;

(ii) for the second subparagraph, substitute—

“For the purposes of the first subparagraph of this paragraph, the Secretary of State may by regulations specify—

(a) the data to be made available free of charge, and

(b) the requirements to be met by third parties to demonstrate that they have—

(i) a legitimate interest in public safety or environmental protection, and

(ii) recourse to adequate testing facilities.”.

(9) In Article 14 (obligations of manufacturers concerning their vehicles etc that are not in conformity or that present a serious risk)—

(a) in paragraph 1—

(i) in the first subparagraph, after “Regulation” insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation,”;

(ii) in the second subparagraph, omit “that granted the type-approval”;

(b) in paragraph 2, for “authorities” both times it occurs, substitute “authority”;

(c) in paragraph 3—

(i) in the first subparagraph, for “EU” each time it occurs, substitute “GB”;

(ii) in the second subparagraph—

(aa) for “authorities” substitute “authority”;

(bb) at the end, insert “and, where Article 5A applies to a vehicle, a copy of any EU certificate of conformity or UK (NI) certificate of conformity”;

(d) in paragraph 4—

(i) omit the first subparagraph;

(ii) in the second subparagraph, for “a national authority” substitute “the approval authority or the market surveillance authority”.

(10) In Article 15 (obligations of manufacturer’s representatives)—

(a) in paragraph 1—

(i) for “authorities” each time it occurs, substitute “authority”;

(ii) in point (a)—

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

(bb) for “one of the official Union languages” substitute “English”;

(iii) in point (b), for “an approval authority” substitute “the approval authority”;

(b) in paragraph 2, in the first paragraph, for the words from “both” to the end substitute “the approval authority”.

(11) In Article 16 (obligations of importers)—

(a) in paragraph 1, at the end, insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, with the EU Type Approval Regulation”;

(b) in paragraph 2, in the first subparagraph—

(i) for “EU” substitute “GB”;

(ii) after “certificate”, insert “or a type-approval certificate which is valid under the EU Type Approval Regulation, as appropriate,”;

(iii) after “Article 13(8)” insert “of this Regulation or, where applicable, of the EU Type Approval Regulation”;

(c) in paragraph 3, after “Regulation” insert “or of the EU Type Approval Regulation, where applicable”;

(d) in paragraph 4—

(i) for “market surveillance authorities” substitute “market surveillance authority”;

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

(e) in paragraph 6—

(i) after “Article 59,” insert “of this Regulation or, where applicable, of the EU Type Approval Regulation”;

(ii) for the words from “the official language” to the end, substitute “English”;

(f) in paragraph 9, at the end, insert “or, where applicable, in the EU Type Approval Regulation”.

(12) In Article 17 (obligations of importers concerning their vehicles etc, that are not in conformity or that present a serious risk)—

(a) for “authorities”, each time it occurs, substitute “authority”;

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

(c) in paragraph 1—

(i) after “this Regulation” insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation”;

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

(d) after paragraph 3, insert—

“3A.   Where Article 5A applies to a vehicle, system, component or separate technical unit, the importer must—

(a) keep a copy of any EU type-approval certificate which applies to the vehicle, system or component in question, including the attachments referred to in Article 28(1) of the EU Type Approval Regulation, for a period of—

(i) ten years after the end of the validity of the EU type-approval of a vehicle, and

(ii) five years after the end of the validity of the EU type-approval of a system, component or separate technical unit, and

(b) ensure that the certificate and attachments referred to in subparagraph (a) can be made available to the approval authority and the market surveillance authority on request.”;

(e) in paragraph 4—

(i) for “a national authority” both times it occurs”, substitute “the approval authority or the market surveillance authority”;

(ii) in the first subparagraph—

(aa) after “unit” insert “with this Regulation or, where applicable, the EU Type Approval Regulation”;

(bb) for the words from “a language” to the end, substitute “English”.

(13) In Article 18 (obligations of distributors)—

(a) in paragraph 1—

(i) after “Article 59” insert “of this Regulation, or, where Article 5A applies to a vehicle, system, component or separate technical unit, of the EU Type Approval Regulation”;

(ii) for “the official language or languages of the relevant member State” substitute “English”;

(iii) at the end insert “of this Regulation or, where Article 5A applies, of the EU Type Approval Regulation”;

(b) in paragraph 3, at the end insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, in the EU Type Approval Regulation”.

(14) In Article 19 (obligations of distributors concerning vehicles etc not in conformity or presenting a serious risk)—

(a) in paragraph 1—

(i) after “this Regulation” insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation”;

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

(b) in paragraph 2—

(i) after “this Regulation”, insert “or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation”;

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

(c) in paragraph 3—

(i) for “authorities” both times it occurs, substitute “authority”;

(ii) omit the words from “of the Member States” to the end;

(d) in paragraph 4, for “a national authority” substitute “the approval authority or the market surveillance authority”.

(15) In Article 20 (cases in which obligations of manufacturers apply to importers and distributors)—

(a) in point (b)—

(i) for “the Union” both times it occurs, substitute “Great Britain”;

(ii) omit “the territory of the”;

(b) at the end of point (b), insert—

“;

(c) where the importer or distributor makes available on the market or is responsible for the entry into service of a vehicle, system, component or separate technical unit to which Article 5A applies on the basis of a relevant EU approval or a relevant NI approval that was granted to a manufacturer outside Great Britain, and it is not possible to identify a manufacturer’s representative in Great Britain”.

(16) In Article 21 (identification of economic operators), in the opening words—

(a) for “an approval” substitute “the approval”;

(b) for “a market” substitute “the market”.

Amendments to Chapter III

25.—(1) In the heading to Chapter III, for “EU” substitute “GB”.

(2) In Article 22 (procedures for EU type-approval)—

(a) in the heading, and in paragraphs 4 and 5, for “EU” each time it occurs, substitute “GB”;

(b) after paragraph 4, insert—

“4A.   Until 31 July 2026 for M and N category vehicles, and 31 July 2027 for O category vehicles, where the approval authority is considering whether to grant multi-stage type-approval in respect of a completed vehicle, it may, for the purposes of paragraphs 3 and 4 of this Article, paragraphs 2 and 6 of Article 26, and paragraphs 2.1, 3.2 and 4.1 of Annex IX, consider any EU type-approvals which are valid under the EU Type Approval Regulation and have been issued in respect of the incomplete or complete vehicle or its systems and components, as valid GB type-approvals granted under this Regulation pursuant to the technical requirements in the regulatory acts listed in Annex II.

4B.   Paragraph 4A does not apply where the approval authority is considering whether to grant multi-stage type-approval to a single manufacturer, or two or more manufacturers who are part of a group of connected manufacturers, as defined in Article 3(2) of Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles(10).”.

(3) In Article 23 (application for EU type-approval)—

(a) in the heading, and in paragraph 1, for “EU”;

(b) substitute “GB”;

(c) in paragraph 2—

(i) in the first subparagraph, omit the second sentence;

(ii) omit the second subparagraph;

(d) omit paragraph 3.

(4) In Article 24 (information folder)—

(a) in paragraph 1—

(i) in point (a), for “implementing acts referred to in paragraph 4” substitute “retained direct EU legislation made under paragraph 4 as it had effect before IP completion day, or regulations made under paragraph 4 as it is now in force, except where paragraph 1A applies”;

(ii) in point (d), for “EU” substitute “GB”;

(b) after paragraph 1, insert—

“1A.   The information document submitted as part of an information folder accompanying an application for GB type-approval in relation to a vehicle, system, component or separate technical unit, which has previously been used to apply for an EU type-approval in accordance with the EU Type Approval Regulation, may be in the same format as the information document used to apply for that EU type-approval, if the application is made—

(a) before 1st August 2026, in the case of a vehicle in category M or N, or

(b) before 1st August 2027, in the case of a vehicle in category O, a component or a separate technical unit.”;

(c) for paragraph 4, substitute—

“4.   The Secretary of State may, by regulations prescribe—

(a) the template for the information document and any other part of the information folder, and

(b) a harmonised electronic format for the purposes of paragraph 3 of this Article.”.

(5) In Article 25 (additional information to be provided with an application for EU type-approval)—

(a) in the heading, for “EU” substitute “GB”;

(b) in paragraphs 1, 2 and 3, for “EU type-approval” each time it occurs, substitute “GB type-approval”;

(c) in paragraph 1, in the second subparagraph, for “EU” substitute “GB”;

(d) in paragraph 3(b), for “EU whole-vehicle” substitute “GB whole-vehicle”.

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(11), 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).

Amendments to Chapter V

27.—(1) In the heading to Chapter V, for “EU” substitute “GB”.

(2) In Article 33 (general provisions on amendments of EU type-approvals)—

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

(b) in paragraph 1, in the first sub-paragraph, omit “that granted the EU type-approval”;

(c) omit paragraph 2;

(d) in paragraphs 3 and 4, for “an approval” substitute “the approval”.

(3) In Article 34 (revisions and extensions of EU type-approvals)—

(a) in the heading and in paragraph 2, each time it occurs, for “EU type” substitute “GB type”;

(b) in paragraph 1, for “an approval”, substitute “the approval”.

(4) In Article 35 (termination of validity)—

(a) in paragraph 1, for “an EU” substitute “a GB”;

(b) in paragraph 2—

(i) in the opening words, for “An EU” substitute “A GB”;

(ii) in points (a), (d) and (e), for “EU type” substitute “GB type”;

(c) in paragraph 4—

(i) in the first subparagraph, omit “that granted the EU type-approval”;

(ii) omit the second subparagraph;

(d) in paragraph 5—

(i) for “an EU” substitute “a GB”;

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

(e) omit paragraph 6.

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”.

Amendments to Chapter VII

29.—(1) In Article 39 (exemptions for new technologies or new concepts)—

(a) in paragraph 1, for “an EU” substitute “a GB”;

(b) in paragraph 2, for “EU-type” substitute “GB type” each time it occurs;

(c) omit paragraph 3;

(d) for paragraph 4, substitute—

“4.   If type-approval is granted under this Article, that circumstance must be reflected in the heading of—

(a) the type-approval certificate, and

(b) any certificate of conformity.

4A.   The Secretary of State may by regulations—

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

(b) make further provision regarding the template which is to be used for type-approval certificates and certificates of conformity for the purposes of this paragraph.”;

(e) omit paragraph 5;

(f) in paragraph 6—

(i) for “the implementing acts referred to in paragraph 3” substitute “the approval authority”;

(ii) for “authorisations are” substitute “the approval is”;

(iii) for “EU type” substitute “GB type”;

(g) omit paragraph 7.

(2) In Article 40 (subsequent adaptation of regulatory acts)—

(a) in paragraph 1—

(i) for the first subparagraph, substitute—

“1.   Where the approval authority has authorised the granting of a GB type-approval in accordance with Article 39, the Secretary of State must, where necessary, amend the regulatory acts or regulations concerned to make provision in relation to the latest technological developments.”;

(ii) in the second subparagraph, for “Commission shall” substitute “Secretary of State must”;

(b) in paragraph 2, for “in the implementing acts referred to in Article 39(3)” substitute “imposed on the type-approval under Article 39(6)”;

(c) omit paragraph 3.

Amendments to Chapter VIII

30.—(1) In Article 41 (EU type-approval of vehicles produced in small series)—

(a) in the heading—

(i) for “EU” substitute “GB”;

(ii) for “small” substitute “medium”;

(b) in paragraph 1—

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

(ii) for “an EU” substitute “a GB”;

(iii) for “small” substitute “medium”;

(c) in paragraph 3—

(i) for “EU” the first time it occurs, substitute “GB”;

(ii) for “small” substitute “medium”;

(iii) omit “harmonised”;

(iv) omit the words from “the identification” to “type-approval and for”;

(d) in paragraph 4—

(i) for “Commission shall adopt implementing acts laying” substitute “Secretary of State may by regulations lay”;

(ii) for “EU” substitute “GB”;

(iii) for “small” substitute “medium”;

(iv) omit the second sentence;

(e) for paragraph 5, substitute—

“5.   The Secretary of State may by regulations amend—

(a) Appendix I of Part I to Annex II to set out the technical requirements for vehicle categories M, N and O, and

(b) point 1 of Part A of Annex V accordingly as regards the quantitative annual limits.”.

(2) In Article 42 (national type-approval of vehicles produced in small series)—

(a) in the heading, and each time it occurs, omit “national”;

(b) in paragraph 1, for “in the market of each Member State” substitute “in Great Britain”;

(c) in paragraph 2—

(i) for “Member States” the first time it occurs, substitute “The approval authority”;

(ii) for the words from “those Member States” to the end, substitute “the vehicle type satisfies the relevant alternative requirements specified in Schedule 1 to the Road Vehicles (Approval) Regulations 2020”;

(d) in paragraph 4—

(i) omit “harmonised”;

(ii) omit the words from “the identification of” to “approval and for”;

(e) for paragraph 5, substitute—

“5.   The Secretary of State may by regulations lay down the template and numbering system for the type-approval certificate of vehicles produced in small series which must bear the heading “GB small series vehicle type-approval certificate” and must bear the content and nature of the exemptions granted pursuant to paragraph 2 of this Article.”.

(3) Omit Article 43 (validity of a national type-approval of vehicles produced in small series).

Amendment to Chapter IX

31.—(1) Omit Article 44 (EU individual vehicle approvals).

(2) In Article 45 (national individual vehicle approvals)—

(a) in the heading and each time it occurs, omit “national”;

(b) in paragraph 1—

(i) for “Member States” the first time it occurs, substitute “The approval authority”;

(ii) for “those Member States have imposed relevant alternative requirements” substitute “the vehicle complies with the relevant alternative requirements specified in Schedule 2 to the Road Vehicles (Approval) Regulations 2020”;

(c) in paragraph 3, for “Member States shall” substitute “The approval authority must”;

(d) in paragraph 5, for “A Member State shall” substitute “The approval authority must”;

(e) in paragraph 6, for the words “shall at least” to the end, substitute “must allow for the identification of the requirements with which the vehicle conforms”;

(f) for paragraph 7, substitute—

“7.   The Secretary of State may by regulations lay down the template and the numbering system to be used in the GB individual vehicle approval certificate.”.

(3) Omit Article 46 (validity of national individual vehicle approvals).

(4) In Article 47 (specific provisions), in paragraphs 1 and 2, for “Articles 44 and 45” substitute “Article 45”.

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.”.

Amendments to Chapter XI

33.—(1) In Article 51 (national evaluation for serious risk or non-compliance)—

(a) in the heading, omit “national”;

(b) in the first paragraph—

(i) for “an approval” substitute “the approval”;

(ii) for “authorities of one Member State have” substitute “authority has”;

(iii) after “this Regulation”, the second time it occurs, insert “or, where Article 5A applies to the vehicle, system, component or separate technical unit, the EU Type Approval Regulation”;

(iv) after “this Regulation” the third time it occurs, insert “or, where applicable, the EU Type Approval Regulation”;

(v) omit “and the relevant approval authorities”;

(vi) for “surveillance authorities,”, substitute “surveillance authority,”.

(2) In Article 52 (national procedures for serious risk or non-compliance)—

(a) in the heading, omit “national”;

(b) in paragraph 1, omit “of one Member State”;

(c) in paragraph 2—

(i) omit “of one Member State”;

(ii) after “this Regulation” insert “or, where Article 5A applies to the vehicle, system, component or separate technical unit, the EU Type Approval Regulation”;

(iii) omit “in the Union”;

(d) in paragraph 3—

(i) for “national authorities” substitute “market surveillance authority”;

(ii) omit “on their national market”;

(iii) for “that market” substitute “the market”;

(e) omit paragraph 4.

(3) In Article 53 (corrective and restrictive measures at Union level)—

(a) in the heading, omit “at Union level”;

(b) omit paragraphs 1 to 7;

(c) for paragraph 8, substitute—

“8.   Where a corrective measure is imposed in accordance with Article 52, that measure must be available free of charge to holders of registrations for the affected vehicles. Where repairs have been carried out at the registration holder’s expense before the adoption of the corrective measure, the manufacturer must reimburse the cost of such repairs up to the cost of the repairs required by that corrective measure.”.

(4) Omit Article 54 (non-compliant EU type-approval).

(5) In Article 55 (placing on the market and entry into service: parts or equipment that may pose a serious risk to the correct functioning of essential systems)—

(a) in paragraph 1, for “an approval” substitute “the approval”;

(b) in paragraph 3, for the first sub-paragraph, substitute—

“3.   The Secretary of State may by regulations lay down the requirements for the authorisation of the parts and equipment referred to in paragraph 1 of this Article.”;

(c) in paragraph 4, in the opening words, for “The Commission is empowered to adopt delegated acts in accordance with Article 82, amending”, substitute “The Secretary of State may by regulations amend”;

(d) in paragraph 6—

(i) for “the Commission” the first time it occurs, substitute “the approval authority”;

(ii) for the third sentence, substitute “The Secretary of State may by regulations set out when those authorisations may be granted”;

(iii) omit the fourth sentence.

(6) In Article 56 (related requirements for parts or equipment that may pose a serious risk to the correct functioning of essential systems)—

(a) in paragraph 1, in the second sentence, omit “and to one approval authority only”;

(b) in paragraph 2, for the fourth subparagraph, substitute—

“The Secretary of State may by regulations lay down the template and the numbering system for the authorisation certificate referred to in the third subparagraph of this paragraph.”;

(c) in paragraph 3, in the first paragraph—

(i) in the first sentence, omit “that issued the authorisation”;

(ii) in the second sentence, for “That approval” substitute “The approval”;

(d) omit paragraphs 5, 6 and 7.

Amendment to Chapter XII

34.—(1) In Article 57 (UN regulations required for EU type-approval)—

(a) in the heading, for “EU” substitute “GB”;

(b) in paragraph 1—

(i) for “Union” both times it occurs, substitute “United Kingdom”;

(ii) for “EU” substitute “GB”;

(c) in paragraph 2—

(i) in the first subparagraph—

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

(bb) for “Commission shall adopt delegated acts in accordance with Article 82, supplementing” substitute “the Secretary of State may by regulations supplement”;

(ii) in the second subparagraph—

(aa) for “Those delegated acts shall” substitute “Regulations made under this paragraph must”;

(bb) for “EU” substitute “GB”.

(2) In Article 58 (equivalent of UN Regulations for the purpose of EU type-approval)—

(a) in the heading, for “EU” substitute “GB”;

(b) in paragraph 2, for “authorities of the Member States” substitute “authority”.

Amendment to Chapter XIII

35.—(1) In Article 59 (information intended for users), in paragraph 3, for the words from “the official language” to “into service” substitute “English”.

(2) In Article 60 (information intended for manufacturers), in paragraph 1, for “EU” substitute “GB”.

Amendments to Chapter XIV

36.—(1) In Article 61 (manufacturers’ obligations to provide vehicle OBD information and vehicle repair and maintenance information)—

(a) in paragraph 2, for the words from the beginning to “standardisation body” substitute “The Secretary of State may by regulations specify a relevant standard for the purposes of this Article, from standards developed by the British Standards Institute, the European Committee for Standardisation or a comparable standardisation body. Until such a standard has been specified”;

(b) in paragraph 3(a), omit “national”;

(c) in paragraph 11—

(i) for the words from the beginning to “amending” substitute “The Secretary of State may by regulations amend”;

(ii) for “Commission shall” substitute “Secretary of State must”.

(2) In Article 63 (fees for access to vehicle repair and maintenance information), in paragraph 1—

(a) for “national authorities” substitute “the approval authority or the market surveillance authority”;

(b) for “the Commission and” substitute “and to”.

(3) In Article 64 (proof of compliance with vehicle OBD information and repair and maintenance information obligations), in paragraph 1, for “EU type-approval or national type-approval” substitute “a GB type-approval, including a GB small series type-approval”.

(4) In Article 65 (compliance with obligations regarding access to vehicle OBD information and vehicle repair and maintenance information)—

(a) in paragraph 1, for “An approval” substitute “The approval”;

(b) in paragraph 2—

(i) for “an approval” substitute “the approval”;

(ii) omit “that granted the relevant type-approval”;

(c) in paragraph 3—

(i) omit “request the approval authority that granted the whole vehicle type-approval to”;

(ii) for “subsequently to” substitute “subsequently”;

(iii) omit “the national approval authority and”;

(iv) omit “of the request”.

(5) Omit Article 66 (forum on access to vehicle information).

Amendments to Chapter XV

37.—(1) In Article 67 (type-approval authority responsible for technical services)—

(a) in paragraph 1—

(i) omit the words from “designated by” to “(‘type-approval authority’)”;

(ii) for “type-approval” the second time it occurs, substitute “approval”;

(b) omit paragraphs 2 and 3;

(c) in paragraph 4, for “type-approval” substitute “approval”;

(d) omit paragraphs 5 to 10.

(2) In Article 68 (designation of technical services)—

(a) in paragraph 1, in the opening words, for “type-approval authorities shall” substitute “approval authority must”;

(b) in paragraph 2, for “Each Member State may designate a type-approval authority” substitute “The approval authority may designate itself”;

(c) in paragraph 3—

(i) after “law of” insert “the United Kingdom or any part of the United Kingdom or of”;

(ii) for “type-approval” substitute “approval”;

(d) in paragraph 4—

(i) for “unless such liability is assumed by its Member State in accordance with national law”, substitute “unless a state has assumed liability for those activities in accordance with its national law”;

(ii) for “Member State” the second time it occurs, substitute “Secretary of State”;

(e) omit paragraph 5.

(3) In Article 69 (independence of technical services)—

(a) in paragraph 2, in the second subparagraph, for “type-approval authority of the relevant Member State”, substitute “approval authority”;

(b) in paragraph 5—

(i) for “type-approval” substitute “approval”;

(ii) omit “Union or national”.

(4) In Article 70 (competence of technical services)—

(a) in paragraph 1, in the opening words, for “type-approval” substitute “approval”;

(b) in paragraph 3, for the words from “The Commission” to “amending”, substitute “The Secretary of State may by regulations amend”.

(5) In Article 71 (subsidiaries of and subcontracting by technical services)—

(a) for “type-approval” each time it occurs, substitute “approval”;

(b) in paragraph 4, omit “designating”.

(6) In Article 72 (in-house technical service of the manufacturer), in paragraph 3, for the words from “The Commission” to “amending”, substitute “The Secretary of State may by regulations amend”.

(7) In Article 73 (assessment and designation of technical services)—

(a) in paragraph 1—

(i) for “type-approval” substitute “approval”;

(ii) omit “of the Member State in which it requests to be designated”;

(b) in paragraph 2—

(i) for “a type-approval” substitute “the approval”;

(ii) for “the type-approval” substitute “the approval”;

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

(c) in paragraph 3, for “type-approval” substitute “approval”;

(d) omit paragraphs 4 to 7;

(e) in paragraph 8, for “The joint assessment team shall” substitute “The personnel of the approval authority carrying out an assessment must”;

(f) omit paragraphs 10 to 14;

(g) in paragraph 16—

(i) for “The type-approval authority that”, substitute “Where the approval authority”;

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

(8) Omit Article 74 (notification to the Commission concerning designation of technical services).

(9) In Article 75 (changes to and renewal of designations of technical services)—

(a) in paragraph 1—

(i) in the first subparagraph, for “type-approval”, both times it occurs, substitute “approval”;

(ii) omit the second and third subparagraphs;

(b) in paragraph 2—

(i) for “type-approval” substitute “approval”;

(ii) omit “approval authorities or for the”;

(iii) for “authorities” the second time it occurs, substitute “authority”;

(c) in paragraph 3—

(i) in the first subparagraph—

(aa) for “type-approval”, the first time it occurs, substitute “approval”;

(bb) for “the notification referred to in the second subparagraph of” substitute “restricting, suspending or withdrawing the designation under”;

(cc) for “EU” substitute “GB”;

(dd) for “the technical service” the second time it occurs, substitute “that technical service”;

(ee) omit the words from “subject of the change” to the end;

(ii) in the second subparagraph—

(aa) for “notified the changes to” substitute “restricted, suspended or withdrawn”;

(bb) for “type-approval”, the first time it occurs, substitute “approval”;

(cc) for “submit” substitute “prepare”;

(dd) omit the words “to the Commission and the other type-approval authorities”;

(ee) omit “designating type-”;

(ff) omit “instruct the type-approval authorities concerned to”;

(gg) for “EU” substitute “GB”;

(d) for paragraph 4, substitute—

“4.   Where the designation of a technical service has been restricted, suspended or withdrawn, but the approval authority has decided not to suspend or withdraw, in accordance with the second subparagraph of paragraph 3, the GB type-approval certificates which were issued on the basis of inspection and test reports issued by that technical service, those certificates remain valid unless the type-approvals have been invalidated in accordance with point (f) of Article 35(2).”;

(e) in paragraph 5, in the second paragraph, omit “, and subject to the notification in Article 74”;

(f) in paragraph 6, for “type-approval” substitute “approval”.

(10) In Article 76 (monitoring technical services)—

(a) in paragraph 1, omit “designating type-” each time it occurs;

(b) in paragraph 2—

(i) for “a type-approval” substitute “the approval”;

(ii) omit “or by the Commission”;

(c) in paragraph 3—

(i) in the first subparagraph, omit “designating type-”;

(ii) omit the second, third and fourth subparagraphs;

(d) in paragraph 4—

(i) in the first paragraph, for “designating type-approval authority” substitute “approval authority”;

(ii) omit the second subparagraph.

(11) Omit Articles 77 (challenge to competence of technical services) and 78 (exchange of information on assessment, designation and monitoring of technical services).

(12) In Article 79 (cooperation with national accreditation bodies)—

(a) in paragraph 1, for “type-approval” substitute “approval”;

(b) in paragraph 2—

(i) for the words from the beginning to “keeps” substitute “The approval authority must keep”;

(ii) for “type-approval” the second time it occurs, substitute “approval”;

(iii) omit the words from “of the Member State” to “established”.

(13) In Article 80 (operational obligations of technical services)—

(a) in paragraph 2, for “designating type-approval”, both times it occurs substitute “approval”;

(b) in paragraph 3, for “type-approval”, each time it occurs, substitute “approval”.

(14) In Article 81 (information obligations of technical services), omit “designating type-” both times it occurs.

Amendment to Chapter XVI

38.—(1) For Article 82 (exercise of the delegation), substitute—

“Article 82 Regulations

1.   Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.

2.   Such regulations may—

(a) make incidental, supplemental, consequential or transitional provision, and

(b) make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas.

3.   Before making any regulations to which paragraph 4 applies the Secretary of State must consult with such representative organisations as the Secretary of State thinks fit.

4.   This paragraph applies to regulations made under Articles 4(2), 5(3), 26(3), 30(8), 31(8), 41(5), 55(3) or (4), 61(11), 70(3), 72(3) or Annex X.

5.   A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.”.

(2) Omit Article 83 (committee procedure).

Amendments to Chapter XVII

39.  Omit Articles 84 (penalties), 85 (administrative fines in support of corrective and restrictive measures at Union level) and 90 (reporting).

Amendments to Annex I

40.—(1) Annex I (general definitions, criteria for vehicle categorisation, types of vehicle and types of bodywork) is amended as follows.

(2) In the Introductory Part, in paragraph 2.4.1, for “Council Directive 80/181/EEC” substitute “the Units of Measurement Regulations 1986(12).

(3) In Part A (criteria for vehicle categorisation)—

(a) in paragraph 1, in the first subparagraph, for the words from the beginning to “national individual vehicle approval” substitute “For the purposes of GB type-approval, including GB small series type-approval, and individual vehicle approval”;

(b) in paragraph 6.2, omit “national”.

(4) In Part B (criteria for types of vehicle, variants and versions), in paragraph 6.3.1(b), for “points 3.2 and 3.3 of Annex 1 to Directive 96/53/EC”, substitute “column 4 of table 6 in Schedule 3 to the Road Vehicles (Authorised Weight) Regulations 1998(13)”.

Amendments to Annex II

41.—(1) Annex II (requirements for the purpose of EU type-approval of vehicles, systems, components or separate technical units) is amended as follows.

(2) In the heading to Annex II, and in the heading to Part I (regulatory acts for EU type-approval of vehicles produced in unlimited series) of Annex II, for “EU” substitute “GB”.

(3) In Part I of Annex II, in Appendix 1—

(a) in the heading to Appendix 1—

(i) for “EU” substitute “GB”;

(ii) for “small” substitute “medium”;

(b) in table 1—

(i) in item 20A, in the column headed “applicability and specific requirements”—

(aa) before “Daytime Running Lights (DRL)”, insert “The requirement for”;

(bb) for the words “shall be fitted” to the end, substitute “does not apply to types which had EU whole-vehicle type-approval prior to 1st February 2026, in accordance with this Regulation or the EU Type Approval Regulation.”;

(ii) in item 63, in the column headed “applicability and specific requirements”, for “EU” substitute “GB”;

(c) in table 2—

(i) in footnote (¹), for “EU” substitute “GB”;

(ii) in item 20A, in the column headed “applicability and specific requirements”—

(aa) before “Daytime Running Lights (DRL)”, insert “The requirement for”;

(bb) for the words “shall be fitted” to the end, substitute “does not apply to types which had EU whole-vehicle type-approval prior to 1st February 2026, in accordance with this Regulation or the EU Type Approval Regulation.”;

(iii) in item 63, in the column headed “applicability and specific requirements”, for “EU” substitute “GB”.

(4) Omit Appendix 2 to Part I.

(5) In Part II (list of UN regulations recognised as an alternative to the Directives or Regulations referred to in Part I) to Annex II—

(a) in the opening paragraph—

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

(ii) omit “by virtue of Decision 97/836/EC, or subsequent Council decisions as referred to in Article 3(3) of that Decision,”;

(iii) for “an EU” substitute “a GB”;

(b) in the second paragraph—

(i) for “an EU” substitute “a GB”;

(ii) omit “, subject to the Community Decision as referred to in Article 4(2) of Decision 97/836/EC”.

(6) In Part III (list of regulatory acts setting out the requirements for the purpose of EU type-approval of special purpose vehicles) to Annex II—

(a) in the heading, for “EU” substitute “GB”;

(b) in the explanatory notes following the table in Appendix 6—

(i) in note X, for “Member States” substitute “The approval authority”;

(ii) in note Q, for “An EU” substitute “A GB”;

(iii) in note R, for the existing text, substitute “Space must be provided for a registration plate meeting the requirements of the Road Vehicles (Display of Registration Marks) Regulations 2001(14)”;

(iv) in note T, for “The vehicle can be tested in accordance with Directive 70/157/EEC” substitute “The vehicle may be subjected to the test procedures described in Directive 70/157/EEC, as it had effect immediately before IP completion day”;

(v) in notes V and V1, for “Directive 97/68/EC” substitute “Regulation (EU) 2016/1628(15)”;

(vi) in note W1, in the second subparagraph, for “An EU” substitute “A GB”;

(vii) in note W6, for the third sentence of the second subparagraph, substitute “An extension to the UNECE type-approval (or GB type-approval, if applicable) is not required.”;

(viii) in note W8, in the second subparagraph, for “EU” substitute “GB”.

Amendments to Annex III

42.—(1) Annex III (procedures to be followed with respect to EU type-approval) is amended as follows.

(2) In the heading to Annex III, for “EU” substitute “GB”.

(3) In paragraph 2, in points (a), (b) and (d), for “EU” substitute “GB”.

Amendments to Annex IV

43.—(1) Annex IV (conformity of production procedures) is amended as follows.

(2) In point 2.3.1.1(c), omit “in one of the Member States”.

(3) Omit point 2.3.2.

(4) In point 4.1.1.2, omit the last sentence.

Amendments to Annex V

44.—(1) Annex V (small series and end-of-series limits) is amended as follows.

(2) For the heading, substitute “GB medium series, GB small series and end-of-series limits”.

(3) In section A (small series quantitative annual limits)—

(a) in the heading, after “small” insert “and medium”;

(b) in paragraph 1, for “in the Union” substitute “in Great Britain”;

(c) in the table following paragraph 1, in the entry for “N2, N3”, for “delegated acts” substitute “regulations”;

(d) in paragraph 2, for “in a Member State, shall be determined by that Member State but”, substitute “in Great Britain”.

(4) In section B (end-of-series limits)—

(a) in the opening words—

(i) for “in each Member State”, substitute “in Great Britain”;

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

(b) in paragraph 1—

(i) for “in that Member State”, substitute “in Great Britain”;

(ii) for “the Member State” substitute “the Secretary of State”.

Amendments to Annex VII

45.—(1) Annex VII (regulatory acts for which a manufacturer may be designated as a technical service) is amended as follows.

(2) In point 1.3—

(a) for “EU” substitute “GB”;

(b) for “small” substitute “medium”.

(3) In paragraph 3 of the Appendix to Annex VII, for “implementing acts referred to in Article 30(3)” substitute “retained direct EU legislation made under Article 30(3) as it had effect before IP completion day, or regulations made under Article 30(3) as it is now in force”.

Amendments to Annex VIII

46.  In Appendix 3 to Annex VIII (conditions for the use of virtual testing methods by a manufacturer or a technical service), for the flow chart, substitute—

   

“

”

Amendments to Annex IX

47.—(1) Annex IX (procedures to be followed during multi-stage type-approval) is amended as follows.

(2) In point 1.1, in the second sentence, for “approval authorities” substitute “the approval authority”.

(3) In the heading at point 2, for “approval authorities” substitute “the approval authority”.

(4) In point 2.1, in subparagraphs (a) and (c), for “EU” substitute “GB”.

(5) In point 2.2, for “EU” substitute “GB”.

(6) In point 3.2.4, for “EU” substitute “GB”.

(7) In point 4.2, in the second indent, for “EU” substitute “GB”.

(8) In the Appendix, for “e2*201X/XX*2609” substitute “g11*201X/XX*2609”.

Amendments to Annex X

48.—(1) Annex X (access to vehicle OBD information and vehicle repair and maintenance information) is amended as follows.

(2) In point 2.2, for “An approval authority” substitute “The approval authority”.

(3) Omit point 5.3.

(4) In point 6.3, for the words from “Forum” to “Article 66 shall” substitute “Secretary of State must by regulations”.

(5) In point 6.6, for “Regulation (EC) No 692/2008” substitute “Commission Regulation (EU) 2017/1151(16)”.

(1)

S.I. 2008/1597.

(2)

S.I. 2020/818, amended by S.I. 2020/1393.

(3)

EUR 765/2008.

(4)

OJ L 151, 14.6.2018, p. 1.

(5)

2020 c. 27.

(6)

2018 c. 16.

(7)

1988 c. 52. Subsection (1A) was inserted by S.I. 2019/648.

(8)

S.I. 1986/1078.

(9)

S.I. 1998/3111.

(10)

EUR 2019/631.

(11)

EUR 2020/683.

(12)

S.I. 1986/1082, amended by S.I. 1994/2867, 2001/55 and 2009/3046.

(13)

S.I. 1998/3111.

(14)

S.I. 2001/561, amended by S.I. 2001/1079 and 2002/2687.

(15)

EUR 2016/1628.

(16)

EUR 2017/1151.