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

Type Statutory-Instrument

Publication 2022-12-07

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(i) for “a national small series type-approval” substitute “a GB small series type-approval”;

(ii) after “regulation 16”, insert “, where the vehicle is to be kept or normally kept in Great Britain”;

(iii) in the words after sub-paragraph (d), for “United Kingdom” substitute “Great Britain”;

(i) after paragraph (7), insert—

(7A) In relation to a vehicle of a type to which a national small series type-approval or a UK (NI) national small series type-approval has been granted by the approval authority under regulation 16, the Secretary of State must not— (a) issue a first vehicle licence for a motor vehicle, (b) issue a first nil licence for a motor vehicle, (c) register a motor vehicle before the issue of a first licence, or (d) give consent under regulation 23(3) to the supply of a large trailer for use on a road, if it appears that doing so would cause the total number of vehicles registered or, as the case may be, put into service on roads in the United Kingdom in any year to exceed the maximum permitted number.

(j) in paragraph (8), after “United Kingdom” insert “or Great Britain, as the case may be,”

(k) in paragraph (9)—

(i) before the definition of “appropriate date”, insert—

“appropriate approval or certificate of conformity” means any of the following which is appropriate to the vehicle— where the vehicle is to be kept, or normally kept, at a place in Great Britain— a certificate of conformity issued under regulation 16(7) relating to— a GB small series type approval, a UK (NI) national small series type approval; or a national small series type approval issued by the Secretary of State before IP completion day, an individual vehicle approval certificate issued under regulation 18(10) of these Regulations, whether that approval— is an individual vehicle approval issued by the Secretary of State before IP completion day, or is a GB individual vehicle approval or a UK (NI) national individual vehicle approval, an EU individual vehicle approval, a GB certificate of conformity issued in relation to a GB whole-vehicle type-approval, or a GB medium series type-approval, an EU certificate of conformity issued in relation to an EU type-approval, including a UK (NI) type approval, granted by the Secretary of State under the Motor Vehicles (EC Type Approval) Regulations 1998[^f00064], the Road Vehicles (Approval) Regulations 2009[^f00065] or under these Regulations, an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation, Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers[^f00066], or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as either of those directives were implemented in the law of that member State[^f00067], or a certificate of conformity issued under section 57 of the Road Traffic Act 1988[^f00068]; or where the vehicle is to be kept, or normally kept, at a place in Northern Ireland, a certificate or approval referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), (iii), (v), or (vi);

(ii) for the definition of “appropriate date”, substitute—

“appropriate date” means, as the case may be— in the case of a certificate of conformity issued under section 57(1) of the Road Traffic Act 1988 in respect of a vehicle of a type which has been approved under section 55(1A) or 55(1D) of that Act, the date of issue of that certificate of conformity or the date of issue of that type-approval (whichever date is later), or in any other case, the date of application under section 7 or 21 of the 1994 Act for the registration of, or the issue of a first licence for a vehicle;

(iii) omit the definition of “EU certificate of conformity”;

(iv) for the definition of “maximum permitted number”, substitute—

“maximum permitted number” means— for the purposes of paragraph (7), the number of units specified in the table in paragraph 2 of Section A of Annex V to the Type Approval Regulation in relation to the vehicle category to which that type belongs, and for the purposes of paragraph (7A), the number of units specified in the table in paragraph 2 of Section A of Annex V to the EU Type Approval Regulation in relation to the vehicle category to which that type belongs;

(2) In regulation 23—

(a) in paragraph (8), for the definition of “appropriate approval or certificate of conformity”, substitute—

“appropriate approval or certificate of conformity” means any of the following which is appropriate to the vehicle— where the trailer is to be kept, or normally kept at a place in Great Britain— a certificate of conformity issued under regulation 16(7) relating to— a GB small series type-approval, a UK (NI) national small series type-approval, or a national small series type approval issued by the Secretary of State before IP completion day, an individual vehicle approval issued under regulation 18(10) of these Regulations, whether that approval— is an individual vehicle approval issued by the Secretary of State before IP completion day, or is a GB individual vehicle approval or a UK (NI) national individual vehicle approval, a GB certificate of conformity issued in relation to a GB type-approval, an EU certificate of conformity issued in relation to an EU type-approval, including a UK (NI) type approval, granted by the Secretary of State under the Motor Vehicles (EC Type Approval) Regulations 1998, the Road Vehicles (Approval) Regulations 2009 or under these Regulations, an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as that directive was implemented in the law of that member State, provided that the trailer to which the approval relates— was in the United Kingdom before 1st January 2023, or is a qualifying Northern Ireland good, or a certificate of conformity issued under section 57 of the Road Traffic Act 1988, or where the trailer is to be kept or normally kept in Northern Ireland— a certificate referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), or (iv), or an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC as implemented in the law of that member State,

(3) In regulation 26(1), in the definition of “principal information”, after sub-paragraph (g), insert—

(h) whether the trailer is to be kept, or normally kept, at a place in Great Britain, in Northern Ireland, or in either jurisdiction;

(4) In regulation 27—

(a) in the heading, at the end insert “(Great Britain)”;

(b) for “United Kingdom” substitute “Great Britain”.

(5) After regulation 27, insert—

(27A) For the purposes of Part B of Annex V of the EU Type Approval Regulation, the maximum number of complete vehicles and completed vehicles entered into service in Northern Ireland is restricted in accordance with paragraph 2 of that Part.

(6) In regulation 28, after “Approval Regulation” insert “or the EU Type Approval Regulation”.

Amendments to Part 5

16

In regulation 29(2), for “and the Type Approval Regulation”, substitute “, the Type Approval Regulation and the EU Type Approval Regulation”.

Insertion of Schedule A1

17

Before Schedule 1, insert—

SCHEDULEA1 (1) Without prejudice to the application of the provisions of paragraph 6, this Schedule does not apply to— (a) special purpose vehicles as defined in part A, point 5, of Annex I to the Type Approval Regulation; (b) multi-stage built vehicles belonging to category N1, provided that the base vehicle complies with this Schedule; (c) vehicles produced in medium or small series, referred to in Articles 41 and 42 of the Type Approval Regulation. (2) (1) Terms used in this Schedule and in the Annexes to UNECE Regulation 133 have the definitions given in paragraph 2 of UNECE Regulation 133 unless otherwise stated. (2) In this Schedule— - “base vehicle” means a vehicle as defined in Article 3(24) of the Type Approval Regulation, which is used at the starting stage of a multi-stage construction; - “competent body’ has the meaning given in sub-paragraph (3); - “end-of-life vehicle” means a vehicle as defined in regulation 2 of the End-of-Life Vehicles Regulations 2003[^f00069]; - “mass” means the mass of the vehicle in running order as defined in Article 2 of Commission Regulation (EU) No 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers[^f00070], but excluding the driver, whose mass is assessed at 75 kg; - “multi-stage construction” means the process by which a vehicle is produced in several stages by adding component parts to a base vehicle or by modifying those component parts; - “the Directive” means Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles[^f00071], as last amended by Commission Delegated Directive (EU) 2020/363[^f00072]; - “UNECE Regulation 133” means UNECE Regulation 133.00[^f00073], with the modifications set out in paragraph 6; - “vehicle type” means the type of a vehicle as defined in Part B, points 1 and 3, of Annex I to the Type Approval Regulation. (3) In this Schedule, “competent body” means an entity, such as a technical service or another body that complies with the competency criteria specified in paragraph 2.1 of Annex 5 to UNECE Regulation 133, authorised by the Secretary of State for the purposes of this Schedule to carry out preliminary assessment of the manufacturer and to issue a certificate of compliance, in accordance with the prescriptions of this Schedule. (4) The approval authority may act as the competent body under sub-paragraph (3), provided its competence in this field is demonstrated in accordance with Chapter XV of the Type Approval Regulation. (3) (1) The approval authority may only grant a GB type-approval, with regard to reusability, recyclability and recoverability, to such vehicle types that satisfy the requirements of this Schedule. (2) For the application of sub-paragraph (1), the manufacturer shall make available to the approval authority the detailed technical information necessary for the purposes of the calculations and checks referred to in Annex 1 to UNECE Regulation 133, relating to the nature of the materials used in the construction of the vehicle and its component parts. (3) In cases where such information is shown to be covered by intellectual property rights or to constitute specific know-how of the manufacturer (“M”) or of M’s suppliers, M or M’s suppliers must supply sufficient information to enable those calculations to be made properly. (4) With regard to reusability, recyclability and recoverability, the approval authority must ensure, subject to sub-paragraph (5), that the manufacturer uses the model of the information document set out in Annex 2 to UNECE Regulation 133, when submitting an application for GB vehicle type-approval, pursuant to Article 23 of the Type Approval Regulation. (5) In the case of applications for GB type-approval made on or before 31 July 2026, the numbered entries in the model information document referred to in sub-paragraph (4) (“the specified model”) may be replaced by corresponding entries with a different numbering taken from Annex II to Directive 2005/64 of the European Parliament and of the Council of 26 October 2005 on the type approval of motor vehicles with regard to their reusability, recyclability and recoverability[^f00074] or Annex I to Regulation (EU) 2020/683, as that Regulation has effect in EU law, provided that all the information in the specified model is provided. (6) When granting a GB type-approval pursuant to Article 26 of the Type Approval Regulation, the approval authority must use the model of the GB type-approval certificate set out in Annex 3 to UNECE Regulation 133. (4) (1) The approval authority must not grant a GB type approval without first ensuring that the manufacturer has put in place satisfactory arrangements and procedures, in accordance with point 3 of Annex 5 to UNECE Regulation 133, to manage properly the reusability, recyclability and recoverability aspects covered by this Schedule. (2) When this preliminary assessment has been carried out, a certificate named “Certificate of Compliance with Annex 5” (the “certificate of compliance”) must be granted to the manufacturer. (3) For the purposes of sub-paragraph (1), the approval authority must ensure that the materials used for the construction of a vehicle type comply with the provisions of Article 4(2)(a) of the Directive, taking into account the exemptions set out in Annex II to the Directive, and for this purpose, references in the table in Annex II to vehicles type-approved before a stated date are to be read as referred to vehicles which have received EU type-approval pursuant to Directive 2005/64 before the stated date. (4) For the purpose of sub-paragraph (1), the manufacturer must recommend a strategy to ensure the dismantling, recycling and recovery of materials used in the vehicle type, and the reuse of any component parts. (5) The strategy must take into account the technologies available or in development at the time of the application for a GB whole-vehicle type-approval. (6) The Secretary of State must appoint a competent body, in accordance with point 2 of Annex 5 to UNECE Regulation 133, to carry out the any assessment of the manufacturer required by this paragraph and to issue the certificate of compliance. (7) The certificate of compliance must include the appropriate documentation and describe the strategy recommended by the manufacturer. (8) The competent body must use the model set out in the Appendix to Annex 5 to UNECE Regulation 133 for the certificate of compliance. (9) A certificate of compliance issued under this paragraph, including a new certificate of compliance issued pursuant to sub-paragraphs (12) or (13), must remain valid for two years from the date of issue to the manufacturer. (10) The manufacturer must inform the competent body immediately in the event of any significant changes which are relevant to the competent body’s decision to issue a certificate of compliance under this paragraph. (11) After receiving that notification, and after consulting the manufacturer, the competent body must carry out a further assessment where it is no longer satisfied that the manufacturer complies with the requirements of this Schedule. (12) Following any assessment conducted pursuant to sub-paragraph (11), the competent body must cancel the existing certificate of compliance and may only issue a new certificate of compliance if it is satisfied that the manufacturer continues to comply with the requirements of this Schedule. (13) At the end of the period of validity of the certificate of compliance, the competent body must not issue a new certificate of compliance unless it is satisfied the manufacturer continues to comply with the requirements of this Schedule, and for this purpose, the competent body may decide to carry out a further assessment of the manufacturer in accordance with this paragraph. (14) Where the certificate of compliance is no longer valid or has been cancelled in accordance with this paragraph, and no new certificate of compliance has been issued under sub-paragraph (12) or (13), the competent body must inform the approval authority of this fact. (15) The approval authority must cancel any GB type-approval issued in accordance with this Schedule where the certificate of compliance is no longer valid or has been cancelled in accordance with sub-paragraph (12) and no new certificate of compliance has been issued under sub-paragraph (12) or (13). (5) The component parts listed in Annex 6 to UNECE Regulation 133 must— (a) be deemed to be non-reusable for the purposes of calculating the recyclability and recoverability rates; (b) not be reused in the construction of vehicles falling within the scope of the Type Approval Regulation by virtue of Article 2 of that Regulation. (6) (1) For the purposes of this Schedule, UNECE Regulation 133 is to be read with the following modifications. (2) In Annex 1, in paragraph 8, as if the reference to “paragraph 6.3 of this Regulation” were to “paragraph 4.2 of this Schedule”. (3) In Annex 3, as if— (a) in the heading, the reference to “Communication” were to “Communication: GB type-approval”; (b) the image below the heading were omitted; (c) explanatory note 1 were omitted. (4) In Annex 5, as if— (a) in the certificate heading, the reference to “ANNEX 5 TO REGULATION No 133.”, were to “PARAGRAPH 4(1) OF SCHEDULE A1 TO THE ROAD VEHICLES (APPROVAL) REGULATIONS 2020”; (b) the reference in the certificate to “complies with the provisions of Annex 5 to Regulation No.133” were to “complies with the provisions of paragraph 4(1) of Schedule A1 to the Road Vehicles (Approval) Regulations 2020”.

Amendments to Schedule 1

18

In Schedule 1—

(a) in paragraph 1—

(i) in the definition of “approval”, in paragraph (a), for “other” substitute “a”;

(ii) in the definition of “certificate of conformity” for “other” substitute “a”;

(iii) in the definition of “test report” after “Regulation”, insert “or, in the case of a UK (NI) national small series type-approval, the EU Type Approval Regulation”;

(b) in paragraph 3, after “Decision”, the second time it occurs. insert “as it has effect in EU law”.

Amendments to Schedule 2

19

In Schedule 2—

(a) in paragraph 4(3), at the end insert “as that Directive, Regulation or Decision has effect in EU law”;

(b) in the table in Part 4, in row 50, in the second column, after “are appropriately “e” / “E”” insert “or “g” / “n””.

Amendments to Schedule 4

20

In Schedule 4, paragraph 1—

(a) for subparagraph (2), substitute—

(2) The specified conditions are that— (a) where the trailer is to be kept or normally kept at a place in Great Britain, one of the following has effect with respect to the trailer— (i) a certificate of conformity issued under regulation 16(7) relating to— (aa) a GB small series type-approval, (bb) a UK (NI) national small series type-approval, or (cc) a national small series type-approval issued by the Secretary of State before IP completion, (ii) an individual vehicle approval issued under regulation 27(10) of the Road Vehicle (Approval) Regulations 2009 or regulation 18(10) of these Regulations, whether that approval— (aa) is an individual vehicle approval issued by the Secretary of State before IP completion day, or (bb) is a GB individual vehicle approval or a UK (NI) national individual vehicle approval, (iii) a GB certificate of conformity issued in relation to a GB type-approval, (iv) an EU certificate of conformity issued in relation to an EU type-approval granted by the Secretary of State under the Road Vehicles (Approval) Regulations 2009 or under these Regulations, (v) an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles as implemented in the law of that member State, provided that the trailer to which the approval relates— (aa) was in the United Kingdom before 1st January 2023, or (bb) is a qualifying Northern Ireland good, or (vi) a certificate of conformity issued under section 57 of the Road Traffic Act 1988[^f00075], or (b) where the trailer is to be kept, or normally kept at a place in Northern Ireland, one of the following has effect with respect to the trailer— (i) a certificate referred to in sub-paragraph (a)(i)(bb) or (cc), (ii) (except for a GB individual vehicle approval), or (iv), or (ii) an EU certificate of conformity issued in relation to an EU type-approval granted by a member State under the EU Type Approval Regulation or Directive 2007/46/EC as implemented in the law of that member State,

(b) in sub-paragraph (5)(a) and (b), after “Regulation” insert “, the EU Type Approval Regulation”;

(5A) It is a defence for a person charged with an offence under sub-paragraph (1), to show that, at the time when the trailer was supplied— (a) if the condition in sub-paragraph (2)(a) is not satisfied, there was reasonable cause to believe that the trailer would not be kept, or normally kept, at a place in Great Britain, or (b) if the condition in sub-paragraph (2)(b) is not satisfied, there was reasonable cause to believe that the trailer would not be kept, or normally kept, at a place in Northern Ireland. (5B) It is a defence for a person charged with an offence under sub-paragraph (3), to show that, at the time when the trailer was supplied or used, as the case may be, a goods vehicle test certificate issued under the following Regulations was in force in relation to the trailer— (a) the Goods Vehicle (Plating and Testing) Regulations 1988[^f00076], in the case of a trailer being used in Great Britain without a relevant consent, or (b) the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003[^f00077], in the case of a trailer being used in Northern Ireland without a relevant consent.

(d) in sub-paragraph (9), in the definition of “statutory inspection or test”, after sub-paragraph (a), insert—

(ab) the EU Type Approval Regulation,

Amendments to Schedule 5

21

In Schedule 5—

(a) in paragraphs 3 to 8, at the end of each paragraph insert “both as it has effect in domestic law, and as it has effect by virtue of the Northern Ireland Protocol”;

(b) after paragraph 8, insert—

(9) Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC but only so far as that Regulation has effect by virtue of the Northern Ireland Protocol[^f00078]. (10) Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicles occupants and vulnerable road users but only so far as that Regulation has effect by virtue of the Northern Ireland Protocol.

PART 4 — EU Regulations

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[^f00079]”.

(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;

(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[^f00080];

(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— the UK national accreditation body as defined in point (11) of Article 2 of Regulation (EC) No 765/2008[^f00081], or 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[^f00082] 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[^f00083]; (61) “retained direct EU legislation” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018[^f00084]; (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—

(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[^f00085]; (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;

(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[^f00086] and weights and axle loads laid down in regulation 4 of the Road Vehicles (Authorised Weight) Regulations 1998[^f00087]”;

(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”;

(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”;

(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.

(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”;

(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”;

(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”;

(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”;

(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[^f00088].

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

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

(b) substitute “GB”;

(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.

(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”;

(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);

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”;

(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[^f00089], 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”)”;

(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”;

(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”;

(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”;

(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.

(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;

(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;

(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)”;

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”;

(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”;

(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”;

(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”;

(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.

(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—

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