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

Commission Regulation (EU) 2017/1151: Annexes

81.—(1) The Annexes to Commission Regulation (EU) 2017/1151 are amended as follows.

(2) In Annex I (administrative provisions for EC type-approval)—

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

(b) in point 4.1.1, for “Annex X of Directive 2007/46/EC”, substitute “Annex IV of Regulation (EU) 2018/858”;

(c) in the second subparagraph of point 4.1.2, omit the words “and shall make it” to the end;

(d) in point 4.1.7, omit the second sentence;

(e) in point 4.1.8, for “Article 30 of Directive 2007/46/EC” substitute “Article 54 of Regulation (EU) 2018/858”;

(f) in point 4.2.6.1, for “Article 12 of Regulation (EC) No 443/2009 for M1 vehicles or Article 12 of Regulation (EU) No 510/2011 for N1 vehicles” substitute “Article 11 of Regulation (EU) No 2019/631(1)”;

(g) in Appendix 3—

(i) in the heading and in point 3.2.18.1, for “EC type-approval” substitute “GB type-approval”;

(ii) in point 3.5.8, for “Article 12 of Regulation (EC) No 443/2009 for M1 vehicles or Article 12 of Regulation (EU) No 510/2011 for N1 vehicles” substitute “Article 11 of Regulation (EU) 2018/858”;

(iii) in point 9.1, for “Annex II of Directive 2007/46” substitute “Annex I of Regulation (EU) 2018/858”;

(h) in the explanatory notes following point 16.3 of Appendix 3—

(i) in note (o), for “Council Directive 80/1268/EC (OJ L 375, 31.12.1980, p. 36)” substitute “Regulation (EC) 715/2007(2)”;

(ii) in note (w2) and (w3), omit “the Commission Decision approving”;

(i) in Appendix 4—

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

(ii) in the opening section, after “2017/1151” insert “as they have effect in domestic law”;

(iii) in the note of attachments after point 8 in Section II, after “information package” omit the reference to note (⁶);

(j) in the Addendum to EC type-approval certificate after Appendix 4, in the heading, for “EC” substitute “GB”;

(k) in the explanatory notes following the Addendum—

(i) in note (^5a), for “point 18 of Directive 2007/46/EC” substitute “point 24 of Regulation (EU) 2018/858”;

(ii) omit note (⁶);

(iii) for the words in note (²⁶) substitute “The general code of the eco-innovation(s) is to consist of the two-digit codes for each individual eco-innovation, separated by spaces (e.g. 10 15 16)”;

(l) in Appendix 6—

(i) in the heading and in point 1, each time it occurs, for “EC” substitute “GB”;

(ii) in point 2.1—

(aa) omit “issued by Luxembourg, identified by the code e3”;

(bb) in the formula following the point, for “e13” substitute “g11”;

(iii) in point 2.2—

(aa) omit “issued by Romania, identified by the code e19”;

(bb) in the formula following the point, for “e19” substitute “g11”;

(m) in Appendix 7, in the certificate of compliance, after “2017/1151” insert “as it applies in domestic law”.

(3) In Annex II—

(a) in Part A (in-service conformity)--

(i) in point 2.1, for “Article 12(1) and (2) of Directive 2007/46/EC and in points 1 and 2 of Annex X to that Directive” substitute “Article 31(1), (3) and (4) of Regulation (EU) 2018/858 and in points 2 and 3 of Annex IV to that Regulation”;

(ii) in point 2.3, for “‘Member States’”, substitute “‘the United Kingdom’”;

(iii) in point 2.4—

(aa) after “Directive 2007/46/EC” insert “or with Regulation (EU) 2018/858”;

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

(iv) in point 2.5, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;

(v) in point 2.6, for “Directive 2009/30/EC of the European Parliament and of the Council(1)” substitute “the Motor Fuel (Composition and Content) Regulations 1999(3)”;

(b) in Part B (new in-service conformity methodology)—

(i) in point 5—

(aa) in the first subparagraph, omit the words from “using the Electronic” to the end;

(bb) in the second subparagraph, omit the second sentence;

(cc) in the third subparagraph, omit the words from “using the Electronic” to the end;

(ii) in point 5.1, in the first subparagraph, for “Article 41 of Directive 2007/46/EC” substitute “Article 68 of Regulation (EU) 2018/858”;

(iii) in point 5.7.1—

(aa) in the first subparagraph, after “Union” both times it occurs, insert “or the United Kingdom”;

(bb) in the sixth subparagraph, for “Directive 98/70/EC of the European Parliament and of the Council” substitute “the Motor Fuel (Composition and Content) Regulations 1999”;

(iv) in point 5.8—

(aa) in the first subparagraph, for “the Union” substitute “Great Britain”;

(bb) in Table B.1, in the heading to the first column, for “EU” substitute “GB”;

(v) in point 5.9—

(aa) in the heading, omit “Use of the Electronic Platform for in-service conformity and”;

(bb) omit the first and third subparagraphs;

(vi) in point 5.10.1, in the fourth subparagraph, for “Annex IX of Directive 2007/46/EC” substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”;

(vii) in point 7.6, for “Article 30 of Directive 2007/46/EC” substitute “Article 54 of Regulation (EU) 2018/858”;

(viii) omit point 7.7;

(ix) in point 7.9, omit “in all Member States”;

(x) in point 7.10—

(aa) for “per Member State”, both times it occurs, substitute “in Great Britain”;

(bb) for the words from “the granting type approval” to “the Commission”, substitute “the approval authority”;

(xi) in point 7.11—

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

(bb) for “in their territory” substitute “in Great Britain”;

(c) in Appendix 1, in the table—

(i) in the fourth row (country of registration), omit “(in EU only)”;

(ii) in the eleventh row (country of registration), for “in the EU” substitute “in the UK or the EU”;

(iii) in the thirty-ninth row (has the car been used with wrong fuel type), for “non-commercially available EU quality fuel” substitute “fuel that is neither commercially available nor UK quality fuel”;

(iv) in the forty-eighth row (driving in non-EU Member States), for “in a non EU Member State” substitute “outside the United Kingdom in a country which is not an EU Member State”;

(v) in the forty-ninth row (country in which vehicle refuelled) for “outside a country applying the EU Fuel Standards” substitute “in a country outside the UK which does not apply the EU Fuel Standards”.

(4) In Annex IIIA (verifying real driving emissions)—

(a) omit point 2.3;

(b) in point 2.4, for “Article 7(1) of Regulation (EC) No 715/2007” substitute “Article 63 of Regulation (EU) 2018/858”;

(c) in point 3.1.3.2, for “the Commission and the Type Approval Authorities” substitute “the approval authority”;

(d) in point 3.1.3.2.1, for “Annex IX to Directive 2007/46/EC”, in both places it occurs, substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”;

(e) in point 6.4, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986(4)”;

(f) in point 6.5, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;

(g) in point 6.9—

(i) in the second subparagraph, for “Directive 92/6/EEC” substitute “Regulation 36A of the Road Vehicles (Construction and Use) Regulations 1986”;

(ii) in the third subparagraph, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;

(h) in point 7.4, omit “for the Union”;

(i) in Appendix 5 to Annex IIIA—

(i) in point 4.4.2 and 4.4.3, in the second subparagraph in each case, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;

(ii) after point 4.4.3, in the titles to Figure 5 and Figure 6, for “Directive 92/6/EEC” substitute “Regulation 36B of the Road Vehicles (Construction and Use) Regulations 1986”;

(j) in Appendix 6 to Annex IIIA—

(i) in point 2.1 in the final subparagraph—

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

(bb) for “mathetical” substitute “mathematical”;

(ii) in point 2.3, in the first subparagraph, in the final sentence, for “Commission” substitute “Secretary of State”;

(k) in Appendix 7—

(i) in point 1, for “Annex IX to Directive 2007/46/EC” substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”;

(ii) in point 5.2—

(aa) for “MS-OEM-X-Y” substitute “GB-OEM-X-Y”;

(bb) omit the words from “MS is the distinguishing” to “type-approval(¹)”;

(iii) in point 5.3, for “EC” substitute “GB”.

(5) In Annex XI (on-board diagnostics for motor vehicles)—

(a) for point 4.4, substitute—

“4.4.   Paragraph 5.2.1(c) of Annex 11 to UNECE Regulation 83(5) shall be read as if “The Type Approval Authority shall transmit this information to the Type Approval Authorities of the Contracting Parties and” were omitted.”;

(b) in point 4.6, for “EC” substitute “GB”;

(c) in Appendix 1, in point 3.1.2—

(i) in the second subparagraph—

(aa) omit “and, upon request, to the Commission”;

(bb) for “in the Union” substitute “in Great Britain”;

(ii) in the third subparagraph—

(aa) in the penultimate sentence, omit “by Member States”;

(bb) omit the final sentence.

(6) In Annex XII (type-approval of vehicles fitted with eco-innovations etc)—

(a) in point 1.1, for “an EC type-approval” substitute “a GB type-approval”;

(b) in point 1.2, after “Commission Decision” inset “or the decision of the Secretary of State”;

(c) in point 1.3, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;

(d) in point 2.1, for “Article 3(7) of Directive 2007/46/EC”, substitute “Article 3(8) of Regulation (EU) 2018/858”;

(e) in point 2.6, for “Annex IX to Directive 2007/46/EC” substitute “Annex VIII to Commission Implementing Regulation (EU) 2020/683”.

(7) In Annex XIII (EC type-approval of replacement pollution control devices as separate technical units)—

(a) in the heading, and the heading at point 3, for “EC” substitute “GB”;

(b) in point 3.1, for “an EC” substitute “a GB”;

(c) in point 3.2—

(i) for “EC type-approval”, each time it occurs, substitute “GB type-approval”;

(ii) in the first subparagraph, for the words from “letter” to the end, substitute “letter ‘g’ followed by the number 11”;

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

(d) in points 3.3 and 3.4, for “EC” substitute “GB”;

(e) in point 4.1.5, for “EC type-approval” substitute “GB type-approval”;

(f) in point 6.1, for “Article 12 of Directive 2007/46/EC”, substitute “Article 31 of Regulation (EU) 2018/858”;

(g) in point 6.2.1, for “point 2.2 of Annex X to Directive 2007/46/EC”, substitute “point 2.1 of Annex IV to Regulation (EU) 2018/858”;

(h) in point 6.2.2, for “Article 12(2) of Directive 2007/46/EC” substitute “Article 31(3) of Regulation (EU) 2018/858”;

(i) in Appendix 1, in the heading, and in point 0.7, for “EC” substitute “GB”;

(j) in Appendix 2—

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

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

(k) in Appendix 3—

(i) in the heading, for “EC” substitute “GB”;

(ii) for the image, substitute—

“

”

(iii) in the text following the image, omit “in France (e 2),”.

(8) In Annex XIV (Access to vehicle OBD and vehicle repair and maintenance information)—

(a) in point 2.2—

(i) in the second subparagraph, for the words from the beginning to “Article 13 will” substitute “The Secretary of State may by regulations”;

(ii) after the second subparagraph, insert—

“Article 15 of Regulation (EC) No 715/2007 applies to regulations made by the Secretary of State under this paragraph as it applies to regulations made under Regulation (EC) No 715/2007.”;

(b) in Appendix 1, after “the provisions of” insert “the following Regulations, as they apply in domestic law”.

(9) In Annex XXI (Type 1 emissions test procedures), in point 3.2.18, for “Annex IV and Annex XI of Directive 2007/46/EC”, substitute “Annex II of Regulation (EU) 2018/858”.

(1)

EUR 2019/631.

(2)

EUR 2007/715.

(3)

S.I. 1999/1307.

(4)

S.I. 1986/1078. Paragraphs 36A and 36B were inserted by S.I. 1988/271 and 1991/1527 respectively.

(5)

OJ L 172, 3.7.2015, p. 1.