PART 4EU Regulations
CHAPTER 2Other EU Regulations
Regulation (EC) No 79/200952
1
Regulation (EC) No 79/2009 is amended as follows.
2
In Article 2(1) (scope), for “Section A of Annex II to Directive 2007/46/EC”, substitute “Article 4 of Regulation (EU) 2018/858”
.
3
In Article 4 (obligations of manufacturers)—
a
in paragraph (1)—
i
for “within the Community”, both times it occurs, substitute “with Great Britain”
;
ii
for “and its implementing measures” substitute “and Commission Regulation (EU) No 406/201099”
;
b
in paragraphs (2) and (3), for “and its implementing measures” substitute “and Commission Regulation (EU) 406/2010”
;
c
in paragraph (4), for “authorities” substitute “authority”
.
4
In Article 11 (timetable for application)—
a
in paragraph 1—
i
for “national authorities” substitute “the approval authority”
;
ii
for “EC type-approval”, both times it occurs, substitute “GB type-approval”
;
iii
for “its implementing measures”, both times it occurs, substitute “Commission Regulation (EU) No 406/2010”
;
iv
in subparagraph (a), omit “or national type-approval”;
b
in paragraph 2—
i
for “national authorities”, substitute “the Secretary of State”
;
ii
for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”
;
iii
for “its implementing measures”, both times it occurs, substitute “Commission Regulation (EU) No 406/2010”
;
c
in paragraph 3—
i
for “national authorities” substitute “the Secretary of State”
;
ii
for “EC type-approval” both times it occurs, substitute “GB type-approval”
;
iii
for “its implementing measures”, both times it occurs, substitute “Commission Regulation (EU) No 406/2010”
;
iv
in subparagraph (a), omit “or national type-approval”.
5
In Article 12 (delegated powers)—
a
in the opening words, for “The Commission is empowered to adopt delegated acts in accordance with Article 12a in order to” substitute “The Secretary of State may by regulations”
;
b
in point (e), omit “EC”.
6
For Article 12a (exercise of the delegation), substitute—
Article 12aRegulations
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
Regulations to which paragraph 4 applies may not be made unless the Secretary of State has consulted with such representative organisations as the Secretary of State thinks fit.
4
This paragraph applies to regulations made under Article 12, except those made under paragraphs (a), (b) and (f) of that Article.
5
A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.
7
Omit Article 15 (penalties for non-compliance).
8
After Article 16 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.