Legal provisions of COM(2018)397 - Complement to EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union

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dossier COM(2018)397 - Complement to EU type-approval legislation with regard to the withdrawal of the United Kingdom from the Union.
document COM(2018)397 EN
date January  8, 2019

Contents

Article 1 - Subject matter

This Regulation complements Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 and Regulation (EU) 2016/1628 by establishing special provisions for the EU type-approval and the placing on the market of vehicles, systems, components and separate technical units which have been type-approved by the type-approval authority of the United Kingdom (‘UK type-approval authority’) while the Union type-approval legislation referred to in Article 2(1) of this Regulation still applies to and in the United Kingdom.

Article 2 - Scope

1. This Regulation shall apply to vehicles, systems, components and separate technical units which fall within the scope of Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2016/1628 and their types which have been approved by the UK type-approval authority on the basis of those acts or any regulatory act of the Union listed in Annex IV to Directive 2007/46/EC or any regulatory act repealed by those regulatory acts of the Union.

2. References to separate technical units under this Regulation shall be understood as covering references to engines under Regulation (EU) 2016/1628.

Article 3 - Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘Union type-approval authority’ means a type-approval authority of a Member State other than the United Kingdom;

(2)‘UK type-approval’ means an EC type-approval or EU type-approval granted by the UK type-approval authority;

(3)‘Union type-approval’ means an EU type-approval granted by a Union type-approval authority in accordance with this Regulation.

Article 4 - Application for a Union type-approval

1. By way of derogation from Article 6(6) and Article 7(1) of Directive 2007/46/EC, Article 21(2) of Regulation (EU) No 167/2013, Article 26(2) of Regulation (EU) No 168/2013 and Article 20(1) of Regulation (EU) 2016/1628, a manufacturer holding a UK type-approval that has not become invalid pursuant to Article 17 of Directive 2007/46/EC, Article 32 of Regulation (EU) No 167/2013, Article 37 of Regulation (EU) No 168/2013 or Article 30 of Regulation (EU) 2016/1628 may, until the Union type-approval legislation referred to in Article 2(1) of this Regulation ceases to apply to and in the United Kingdom, submit an application to a Union type-approval authority for a Union type-approval of the same type.

2. In order to be approved, the type must comply with the requirements for the placing on the market, registration or entry into service of new vehicles, systems, components or separate technical units applicable at the time when the Union type-approval takes effect.

3. By submitting the application pursuant to paragraph 1, the manufacturer shall be liable to pay adequate fees, laid down by the Union type-approval authority, for any costs resulting from the exercise of the powers and the fulfilment of the obligations of the Union type-approval authority in relation to the Union type-approval.

4. When submitting the application pursuant to paragraph 1 of this Article, the manufacturer shall, at the request of the Union type-approval authority, submit any documentation and information that the authority deems necessary in order to decide whether to grant a Union type-approval in accordance with Article 5.

The documentation and information referred to in the first subparagraph may include the original UK type-approval including all amendments, the information folder and the test reports. In the case of vehicles, such a request may also include any EC type-approval, EU type-approval or UN type-approval and its attachments, as part of the whole vehicle type-approval.

Article 5 - Conditions for the granting of a Union type-approval and its effects

1. By way of derogation from Article 8(2), Article 9(1) and Article 10(1) and (2) of Directive 2007/46/EC, Article 6(2) of Regulation (EU) No 167/2013, Article 7(2) and Article 18 of Regulation (EU) No 168/2013 and Article 6(2) of Regulation (EU) 2016/1628, the Union type-approval authority which has received an application in accordance with Article 4 of this Regulation may grant a Union type-approval with respect to a vehicle, system, component or separate technical unit if the type in question meets, at the time when the Union type-approval takes effect, the requirements applicable for the placing on the market, registration or entry into service of new vehicles, systems, components or separate technical units.

2. Insofar as no new requirements are applicable and without prejudice to paragraph 3 of this Article, the Union type-approval may be granted on the basis of the same test reports which were previously used for the granting of the UK type-approval in accordance with the applicable provisions, regardless of whether the technical service that issued the test report has been designated and notified by the Member State granting the Union type-approval in accordance with Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2016/1628, and even after the Union type-approval legislation referred to in Article 2(1) of this Regulation ceases to apply to and in the United Kingdom.

3. Before granting a Union type-approval, the Union type-approval authority may request the repetition of specific tests. In that case, those tests shall be carried out by a technical service which has been designated and notified by the Member State of the Union type-approval authority in accordance with Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2016/1628.

4. The type approved in accordance with paragraph 1 of this Article shall receive an EU type-approval certificate with a number consisting of the distinguishing number of the Member State whose type-approval authority granted the Union type-approval and of the number of the applicable act referred to in Article 2(1). It shall also include the number of the latest amending act containing requirements for type-approval in accordance with which the Union type-approval is granted. For vehicles, the type-approval certificate and the certificate of conformity shall, under ‘Remarks:’, contain the mention ‘Previously type-approved as’ and refer to the number and the date of the EU type-approval certificate received following the UK type-approval. For systems, components or separate technical units, the type-approval certificate shall contain the mention ‘Previously type-approved and marked as’ and refer to the type-approval mark received following the UK type-approval.

5. The Union type-approval shall take effect on the day of its granting or on a later date determined therein. The UK type-approval shall become invalid on the day preceding the day on which the Union type-approval takes effect. In any event, it shall become invalid at the latest on the day on which the Union type-approval legislation referred to in Article 2(1) ceases to apply to and in the United Kingdom.

6. A Union type-approval shall be considered to be an EC type-approval or an EU type-approval within the meaning of Directive 2007/46/EC or any act listed in Annex IV to that Directive, Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 or Regulation (EU) 2016/1628. All provisions of those acts not derogated from in this Regulation shall continue to apply. The Union type-approval authority shall take full responsibility for the obligations stemming from the Union type-approval.

The Union type-approval authority shall also, from the time when the Union type-approval takes effect, exercise all the powers and fulfil all the obligations of the UK type-approval authority with respect to the following:

(a)vehicles, systems, components or separate technical units produced on the basis of the UK type-approval already placed on the market, registered or entered into service in the Union;

(b)vehicles, systems, components or separate technical units produced on the basis of the UK type-approval to be placed on the market, registered or entered into service in the Union in accordance with the third subparagraph.

Vehicles, systems, components or separate technical units produced on the basis of a UK type-approval which has become invalid as a result of the granting of a Union type-approval may be placed on the market, registered and entered into service in the Union until the Union type-approval legislation referred to in Article 2(1) of this Regulation ceases to apply to and in the United Kingdom or, where the Union type-approval becomes invalid before that date pursuant to Article 17 of Directive 2007/46/EC, Article 32 of Regulation (EU) No 167/2013, Article 37 of Regulation (EU) No 168/2013 or Article 30 of Regulation (EU) 2016/1628, until the date on which the Union type-approval becomes invalid. For vehicles, manufacturers shall indicate the Union type-approval number in a supplement to the certificate of conformity before such vehicles are placed on the market, registered or entered into service in the Union.

The Union type-approval authority shall not be liable for any acts or omissions of the UK type-approval authority.

Article 6 - Union type-approval authority responsible for vehicles, systems, components or separate technical units of types not approved under this Regulation

1. When applying for a Union type-approval under Article 4, a manufacturer shall also request the Union type-approval authority in question to take over the obligations of the UK type-approval authority with respect to the manufacturer's other vehicles, systems, components or separate technical units placed on the market, registered or entered into service in the Union on the basis of UK type-approvals that have either become invalid pursuant to Article 17 of Directive 2007/46/EC, Article 32 of Regulation (EU) No 167/2013, Article 37 of Regulation (EU) No 168/2013 or Article 30 of Regulation (EU) 2016/1628, or for which no Union type-approval is sought under this Regulation.

Such request shall be made for all vehicles, systems, components and separate technical units based on UK type-approvals held by the manufacturer that were granted after 1 January 2008 unless the manufacturer presents proof to the Union type-approval authority that it has an agreement with another Union type-approval authority covering those vehicles, systems, components and separate technical units.

2. The Union type-approval authority may only grant a Union type-approval in accordance with Article 5 after it has accepted the request made pursuant to paragraph 1 of this Article and after the manufacturer has agreed to cover the costs that the Union type-approval authority incur as a result of exercising its powers and fulfilling its obligations in respect of the vehicles, systems, components and separate technical units concerned.

3. After accepting the request referred to in paragraph 1 of this Article and granting the Union type-approval in accordance with Article 5, the Union type-approval authority shall exercise all the powers and fulfil all the obligations of the UK type-approval authority with respect to all vehicles, systems, components or separate technical units produced on the basis of the UK type-approvals referred to in paragraph 1 of this Article regarding recalls, repair and maintenance information and in-service conformity checks. The Union type-approval authority shall not be liable for any acts or omissions of the UK type-approval authority.

4. The Union type-approval authority shall inform the type-approval authorities of the other Member States and the Commission of the types for which it has taken over the obligations of the UK type-approval authority in accordance with paragraph 1.

Article 7 - Specific provisions

This Regulation shall not preclude the placing on the market, making available on the market, registration or entry into service of engines, or of vehicles and non-road mobile machinery in which such engines are installed, that conform to a type whose UK type-approval has become invalid while the Union type-approval legislation referred to in Article 2(1) of this Regulation still applies to and in the United Kingdom, in accordance with Article 10(7) of Directive 97/68/EC, Article 34(7) and (8) or Article 58(5) to (11) of Regulation (EU) 2016/1628 and acts adopted on the basis of Article 19(6), Article 20(8), Article 28(6) and Article 53(12) of Regulation (EU) No 167/2013.

Article 8 - Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.