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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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(6) Notwithstanding paragraph 1, replacement components and separate technical units that were EU type-approved before 1st January 2023 in accordance with the regulatory acts listed in Annex II of the EU Type Approval Regulation may be made available on the market or entered into service.

Amendments to Chapter XI

33

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

(a) in the heading, omit “national”;

(b) in the first paragraph—

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

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

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

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

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

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

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

(a) in the heading, omit “national”;

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

(i) omit “of one Member State”;

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

(iii) omit “in the Union”;

(d) in paragraph 3—

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

(ii) omit “on their national market”;

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

(e) omit paragraph 4.

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

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

(b) omit paragraphs 1 to 7;

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

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

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

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

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

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

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

(d) in paragraph 6—

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

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

(iii) omit the fourth sentence.

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

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

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

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

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

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

(d) omit paragraphs 5, 6 and 7.

Amendment to Chapter XII

34

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

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

(b) in paragraph 1—

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

(ii) for “EU” substitute “GB”;

(i) in the first subparagraph—

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

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

(ii) in the second subparagraph—

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

(bb) for “EU” substitute “GB”.

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

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

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

Amendment to Chapter XIII

35

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

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

Amendments to Chapter XIV

36

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

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

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

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

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

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

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

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

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

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

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

(b) in paragraph 2—

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

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

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

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

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

(iv) omit “of the request”.

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

Amendments to Chapter XV

37

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

(a) in paragraph 1—

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

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

(b) omit paragraphs 2 and 3;

(d) omit paragraphs 5 to 10.

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

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

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

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

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

(d) in paragraph 4—

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

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

(e) omit paragraph 5.

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

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

(b) in paragraph 5—

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

(ii) omit “Union or national”.

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

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

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

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

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

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

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

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

(a) in paragraph 1—

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

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

(b) in paragraph 2—

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

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

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

(d) omit paragraphs 4 to 7;

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

(f) omit paragraphs 10 to 14;

(g) in paragraph 16—

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

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

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

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

(a) in paragraph 1—

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

(ii) omit the second and third subparagraphs;

(b) in paragraph 2—

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

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

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

(i) in the first subparagraph—

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

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

(cc) for “EU” substitute “GB”;

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

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

(ii) in the second subparagraph—

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

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

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

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

(ee) omit “designating type-”;

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

(gg) for “EU” substitute “GB”;

(d) for paragraph 4, substitute—

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

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

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

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

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

(b) in paragraph 2—

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

(ii) omit “or by the Commission”;

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

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

(d) in paragraph 4—

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

(ii) omit the second subparagraph.

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

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

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

(b) in paragraph 2—

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

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

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

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

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

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

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

Amendment to Chapter XVI

38

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

(1) Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument. (2) Such regulations may— (a) make incidental, supplemental, consequential or transitional provision, and (b) make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas. (3) Before making any regulations to which paragraph 4 applies the Secretary of State must consult with such representative organisations as the Secretary of State thinks fit. (4) This paragraph applies to regulations made under Articles 4(2), 5(3), 26(3), 30(8), 31(8), 41(5), 55(3) or (4), 61(11), 70(3), 72(3) or Annex X. (5) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Omit Article 83 (committee procedure).

Amendments to Chapter XVII

39

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

Amendments to Annex I

40

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

(2) In the Introductory Part, in paragraph 2.4.1, for “Council Directive 80/181/EEC” substitute “the Units of Measurement Regulations 1986[^f00090].

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

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

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

(4) In Part B (criteria for types of vehicle, variants and versions), in paragraph 6.3.1(b), for “points 3.2 and 3.3 of Annex 1 to Directive 96/53/EC”, substitute “column 4 of table 6 in Schedule 3 to the Road Vehicles (Authorised Weight) Regulations 1998[^f00091]”.

Amendments to Annex II

41

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

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

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

(a) in the heading to Appendix 1—

(i) for “EU” substitute “GB”;

(ii) for “small” substitute “medium”;

(b) in table 1—

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

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

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

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

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

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

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

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

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

(4) Omit Appendix 2 to Part I.

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

(a) in the opening paragraph—

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

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

(iii) for “an EU” substitute “a GB”;

(b) in the second paragraph—

(i) for “an EU” substitute “a GB”;

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

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

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

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

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

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

(iii) in note R, for the existing text, substitute “Space must be provided for a registration plate meeting the requirements of the Road Vehicles (Display of Registration Marks) Regulations 2001[^f00092]”;

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

(v) in notes V and V1, for “Directive 97/68/EC” substitute “Regulation (EU) 2016/1628[^f00093]”;

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

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

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

Amendments to Annex III

42

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

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

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

Amendments to Annex IV

43

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

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

(3) Omit point 2.3.2.

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

Amendments to Annex V

44

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

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

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

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

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

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

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

(a) in the opening words—

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

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

(b) in paragraph 1—

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

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

Amendments to Annex VII

45

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

(2) In point 1.3—

(a) for “EU” substitute “GB”;

(b) for “small” substitute “medium”.

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

Amendments to Annex VIII

46

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

[image omitted]

Amendments to Annex IX

47

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

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

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

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

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

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

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

(8) In the Appendix, for “e2201X/XX2609” substitute “g11201X/XX2609”.

Amendments to Annex X

48

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

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

(3) Omit point 5.3.

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

(5) In point 6.6, for “Regulation (EC) No 692/2008” substitute “Commission Regulation (EU) 2017/1151[^f00094]”.

CHAPTER 2 — Other EU Regulations

Regulation (EC) No 715/2007

49

(1) Regulation (EC) No 715/2007 is amended as follows.

(2) In Article 2 (scope), for “Annex II to Directive 70/156/EEC” both times it occurs, substitute “Article 4 of Regulation (EU) 2018/858[^f00095]”.

(3) In Article 3 (definitions), in paragraphs 2 and 13, for “Directive 70/156/EEC” each time it occurs, substitute “Regulation (EU) 2018/858”.

(4) In Article 4 (manufacturer’s obligations)—

(a) in paragraph 1, for “the Community” both times it occurs, substitute “Great Britain”;

(b) in paragraph 2, in the third sub-paragraph, omit the final sentence;

(4) The Secretary of State may by regulations establish procedures and requirements for the implementation of paragraphs 2 and 3.

(5) In Article 5(3) (requirements and tests), for the opening words, substitute “The Secretary of State may by regulations impose requirements for the implementation of paragraph 2, which must include establishing the requirements relating to”.

(6) In the heading to Chapter IV (obligations of member States), for “Member States” substitute “the Secretary of State”.

(7) In Article 10 (type approval)—

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

(b) in paragraph 1, for “national authorities” substitute “Secretary of State”;

(d) in paragraphs 3 and 5—

(i) for “Article 7(1) of Directive 70/156/EEC” substitute “Article 48 of Regulation (EU) 2018/858”;

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

(e) in paragraph 6, for “the Community” substitute “Great Britain”.

(8) In Article 11 (type approval of replacement parts)—

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

(b) in paragraph 2, for “EC” substitute “GB”.

(9) Omit Articles 12 (financial incentives) and 13 (penalties).

(10) In Article 14 (redefinition of specifications)—

(a) in paragraph 1—

(i) in the first sentence, for “Commission” substitute “Secretary of State”;

(ii) for the second sentence, substitute “The Secretary of State may make regulations to account for, or limit, methane emissions.”;

(b) omit paragraphs 2 and 3;

(i) in the first sentence, for “Commission” substitute “Secretary of State”;

(ii) for the second sentence, substitute “If the Secretary of State considers that it is necessary to regulate the emissions of additional pollutants, the Secretary of State may make regulations amending these Regulations accordingly.”;

(d) in paragraph 5—

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

(ii) for the words from “shall present” to the end, substitute “may make regulations if the Secretary of State considers that it is appropriate to do so to tighten the emission limits”.

(11) For Article 15 (committee procedure), substitute—

(1) Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument. (2) Such regulations may— (a) make incidental, supplemental, consequential or transitional provision, and (b) make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas. (3) Regulations to which paragraph 4 applies may not be made unless the Secretary of State has consulted with such representative organisations as they think fit. (4) This paragraph applies to regulations made under Article 4(4), 5(3) or 14. (5) A statutory instrument containing regulations under Article 14 may not be made unless a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House. (6) A statutory instrument containing regulations made under any other provision of this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

(12) Omit Article 16 (amendments to Directives 70/156/EC and 2005/55/EC) and Annex II.

(13) In Article 18, omit paragraph 3.

(14) After Article 18 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”

Regulation (EC) No 78/2009: Amendments to Articles

50

(1) Regulation (EC) No 78/2009 is amended as follows.

(2) In Article 2(1) (scope), for “Article 3(11) of Directive 2007/46/EC and in point 1 of Section A of Annex II thereto”, both times it occurs, substitute “Article 4 of Regulation (EU) 2018/858”.

(3) In Article 3(5) (definitions) for “Directive 2007/46/EC” substitute “Commission Implementing Regulation (EU) 2020/683[^f00096]”.

(4) In Article 4 (technical requirements)—

(a) in paragraphs 3 and 4, for “approval authorities” substitute “approval authority”;

(b) for paragraph 6, substitute—

(6) The Secretary of State may by regulations lay down technical provisions for the application of the requirements set out in Annex I.

(5) In Article 5 (application for EC type-approval), in the heading and each other time it occurs, for “EC”, substitute “GB”.

(6) In the heading of Chapter III (obligations of the authorities of member States), for “the authorities of member States” substitute “the Secretary of State and the approval authority”.

(7) In Article 6 (granting of EC type-approval)—

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

(b) in paragraph 1, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(8) In Article 7 (EC type-approval mark)—

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

(b) in the Article, for “an EC” substitute “a GB”.

(9) In Article 8 (modification of the type and amendments to approvals), for “Article 13 of Directive 2007/46/EC” substitute “Article 33 of Regulation (EU) 2018/858”.

(10) In Article 9 (timetable for application to vehicles)—

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

(b) in paragraph 1—

(i) for “national authorities” substitute “the approval authority”;

(ii) omit “or national type-approval”;

(i) for “national authorities” substitute “the Secretary of State”;

(ii) for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;

(d) in paragraph 3—

(i) for “national authorities” substitute “the approval authority”;

(ii) omit “or national type-approval”;

(e) omit paragraph 4;

(f) in paragraph 5—

(i) for “national authorities” substitute “the approval authority”;

(ii) omit “or national type-approval”;

(g) in paragraphs 6, 7 and 8—

(i) for “national authorities” substitute “the Secretary of State”;

(ii) for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;

(h) in paragraph 9—

(i) for “national authorities” substitute “the approval authority”;

(ii) omit “or national type-approval”.

(11) In Article 10 (application to frontal protection systems)—

(a) in paragraph 1—

(i) for “National authorities” substitute “The approval authority”;

(ii) for “EC” both times it occurs, substitute “GB”;

(iii) omit “or national type-approval”;

(b) in paragraph 2—

(i) for “National authorities” substitute “The Secretary of State”;

(ii) for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;

(12) Omit Articles 11 (collision avoidance systems) to 14 (amendments to Directive 2007/46/EC).

(13) After Article 16 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

Regulation (EC) No 78/2009: Annexes

51

(1) The Annexes to Regulation (EC) No 78/2009 are amended as follows.

(2) In the list of Annexes, for “EC” each time it occurs, substitute “GB”.

(3) In Annex I (technical provisions for the testing of vehicles and frontal protection systems), in paragraph 1.8, for the definition of “windscreen” substitute “‘windscreen’ means the frontal glazing of the vehicle situated between the A-pillars;”.

(4) In Annex II (model information documents to be supplied by the manufacturer)—

(a) in the list of Parts after the heading to Annex II, for “EC” each time it occurs, substitute “GB”;

(b) in Part 1, in the heading, for “EC” substitute “GB”;

(5) In the notes following Part 3 of Annex II, in note (c), for the words “Section A of Annex II” to the end, substitute “Article 4 of 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[^f00097].”.

(6) In Annex III (EC type-approval model certificates)—

(a) for “EC type-approval” each time it occurs, including in the heading, in the Appendix and the Addenda to Parts 1, 2 and 3, substitute “GB type-approval”;

(b) in Parts 1, 2 and 3, in each case in the words before section 1, for “as implemented by …” substitute “as it has effect in domestic law, as last amended by S.I. …./….”;

(c) in Parts 1 and 2, in note 4 to point 0.4, in each case for the words “Section A of Annex II” to the end, substitute “Article 4 of 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.”;

(d) in Part 3—

(i) at the end of the heading, insert “(SEPARATE TECHNICAL UNIT)”;

(ii) in paragraph 0.7 of Section 1, for “EC” substitute “GB”;

(iii) in paragraph 1.5.1 of Section II, in note (c) after the table, for “[implementing legislation]” substitute “Regulation (EU) 631/2020[^f00098]”;

(e) in the notes to the Addendum to Part 1, in note 3, for “Commission [implementing legislation]” substitute “Commission Regulation (EU) 631/2010”.

(7) In Annex IV (EC type-approval mark)—

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

(b) in point 1.1, for the words “‘e’” to the end of the point, substitute “‘g’ followed by the number 11.”;

(d) in the Appendix—

(i) for the image, substitute—

[image omitted]

(ii) in the note after the image, omit “in Germany (e1)”.

Regulation (EC) No 79/2009

52

(1) Regulation (EC) No 79/2009 is amended as follows.

(2) In Article 2(1) (scope), for “Section A of Annex II to Directive 2007/46/EC”, substitute “Article 4 of Regulation (EU) 2018/858”.

(3) In Article 4 (obligations of manufacturers)—

(a) in paragraph (1)—

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

(ii) for “and its implementing measures” substitute “and Commission Regulation (EU) No 406/2010[^f00099]”;

(b) in paragraphs (2) and (3), for “and its implementing measures” substitute “and Commission Regulation (EU) 406/2010”;

(4) In Article 11 (timetable for application)—

(a) in paragraph 1—

(i) for “national authorities” substitute “the approval authority”;

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

(iii) for “its implementing measures”, both times it occurs, substitute “Commission Regulation (EU) No 406/2010”;

(iv) in subparagraph (a), omit “or national type-approval”;

(b) in paragraph 2—

(i) for “national authorities”, substitute “the Secretary of State”;

(ii) for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;

(iii) for “its implementing measures”, both times it occurs, substitute “Commission Regulation (EU) No 406/2010”;

(i) for “national authorities” substitute “the Secretary of State”;

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

(iii) for “its implementing measures”, both times it occurs, substitute “Commission Regulation (EU) No 406/2010”;

(iv) in subparagraph (a), omit “or national type-approval”.

(5) In Article 12 (delegated powers)—

(a) in the opening words, for “The Commission is empowered to adopt delegated acts in accordance with Article 12a in order to” substitute “The Secretary of State may by regulations”;

(b) in point (e), omit “EC”.

(6) For Article 12a (exercise of the delegation), substitute—

(1) Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument. (2) Such regulations may— (a) make incidental, supplemental, consequential or transitional provision, and (b) make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas. (3) Regulations to which paragraph 4 applies may not be made unless the Secretary of State has consulted with such representative organisations as the Secretary of State thinks fit. (4) This paragraph applies to regulations made under Article 12, except those made under paragraphs (a), (b) and (f) of that Article. (5) A statutory instrument containing regulations made under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Omit Article 15 (penalties for non-compliance).

(8) After Article 16 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Regulation (EC) No 595/2009

53

(1) Regulation (EC) No 595/2009 is amended as follows.

(2) In Article 2 (scope), in the first subparagraph, for “Annex II of Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

(3) In Article 3 (definitions)—

(a) in the first subparagraph, in points 1 and 10, for “point 25 of Article 3 of Directive 2007/46/EC”, substitute “point 20 of Article 3 of Regulation (EU) 2018/858”;

(b) in the second subparagraph—

(i) for “The Commission may” substitute “the Secretary of State may by regulations”;

(ii) omit the second sentence.

(4) In Article 4 (obligations of the manufacturers)—

(a) in paragraph 1, for “the Community” each time it occurs, substitute “Great Britain”;

(b) in paragraph 3—

(i) for “The Commission shall” substitute “The Secretary of State must, by regulations,”;

(ii) omit the second sentence.

(5) In Article 5(4) (requirements and tests)—

(a) for the opening words, substitute “The Secretary of State may make regulations to implement this Article, including regulations in relation to the following”;

(b) omit the second subparagraph.

(6) In Article 5b (specific requirements for Member States re the environmental performance of certain categories of vehicles)—

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

(b) in paragraph 1—

(i) for “National authorities shall” substitute “The approval authority must”;

(ii) for “EC” substitute “GB”;

(iii) omit “or national type-approval”;

(7) In Article 5c (measures for determining certain aspects of environmental performance of some categories of vehicles)—

(a) in the first subparagraph, in the opening words, for the words from “2021, the Commission” to the end, substitute “2024, the Secretary of State must by regulations specify the following”;

(b) omit the second subparagraph.

(8) In Article 8 (timetable for application of type-approval of vehicles and engines)—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “national authorities shall” substitute “the approval authority must”;

(bb) for “EC type-approval or national type approval” substitute “GB type-approval”;

(ii) in the second subparagraph, for “on the Community market” substitute “on the market in Great Britain”;

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “national authorities shall”, both times it occurs, substitute “the Secretary of State must”;

(bb) for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;

(ii) in the second subparagraph, for the words from “national authorities” to the end, substitute “the sale or use of new engines which do not comply with this Regulation and its implementing measures is prohibited”;

(i) for “national authorities” substitute “the Secretary of State”;

(ii) for “EC type-approval or national type approval” substitute “GB type-approval”.

(9) In Article 9 (obligations of member States concerning type-approval of replacement parts)—

(a) in the heading, omit “of Member States”;

(b) for “shall be prohibited” substitute “is prohibited”.

(10) Omit Articles 10 (financial incentives) and 11 (penalties).

(11) In Article 12 (redefinition of specifications)—

(a) in paragraph 1—

(i) for “Commission shall” both times it occurs, substitute “Secretary of State must, by regulations”;

(ii) for “the Community” both times it occurs, substitute “Great Britain”;

(iii) omit the third subparagraph;

(b) omit paragraph 2;

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

(ii) in the second subparagraph—

(aa) in the first sentence, for “they shall be adapted so as to adequately reflect”, substitute “the Secretary of State must by regulations adapt them so that they adequately reflect”;

(bb) omit the second sentence;

(d) omit paragraph 4.

(12) For Article 13 (committee procedure) substitute—

(1) Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument. (2) Such regulations may— (a) make incidental, supplemental, consequential or transitional provision, and (b) make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas. (3) Before making any Regulations under this Regulation the Secretary of State must consult with such representative organisations as the Secretary of State thinks fit. (4) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

(13) Omit Articles 13a (committee procedure) and 14 (implementation).

(14) After Article 18 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”

Commission Regulation (EC) No 631/2009

54

In Commission Regulation (EC) No 631/2009, after Article 4, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

Regulation (EC) No 661/2009

55

(1) Regulation (EC) No 661/2009 is amended as follows.

(2) In Article 2 (scope), for “Section A of Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

(3) In Article 3 (definitions), for “Directive 2007/46/EC”, substitute “Regulation (EU) 2018/858”.

(4) In Article 4 (general obligations)—

(a) in paragraph 1, for “the Community” substitute “Great Britain”;

(b) in paragraph 2, for “EC” substitute “GB”;

(5) In Article 12(2) (electronic stability control systems), in the opening words and in point (b), for “Section A of Annex II to Directive 2007/46/EC” substitute “Part A of Annex I of Regulation (EU) 2018/858”.

(6) In the heading to Chapter III, for “Member States” substitute “approval authority”.

(7) In Article 13 (type-approval of vehicles, components and separate technical units)—

(a) in paragraph 1—

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

(ii) for “EC type-approval or national type-approval”, both times it occurs, substitute “GB type-approval”;

(b) in paragraph 2—

(i) in the opening words, for “national authorities” substitute “the approval authority”;

(ii) in point (a), for “EC type-approval or national type-approval” substitute “GB type-approval”;

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

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

(ii) in the first sub-paragraph, for “EC” substitute “GB”;

(iii) in the second sub-paragraph, for “EC type-approval or national type-approval” substitute “GB type-approval”;

(d) in paragraphs 4, 5, 6, 8, 9, 10, 13, and 15, for “national authorities”, substitute “the Secretary of State”;

(e) in paragraphs 4, 5(a), 6(a), 9(a), 10(a) and 13, for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;

(f) in paragraph 7—

(i) for “national authorities” substitute “the approval authority”;

(ii) for “EC” substitute “GB”;

(g) in paragraph 8, for “EC-type-approval or national type-approval” substitute “GB type-approval”;

(h) in paragraph 12, for “EC-type-approval or national type-approval” substitute “GB type-approval”;

(i) in paragraph 14—

(i) in the first subparagraph—

(aa) for “National authorities shall” substitute “The Secretary of State must”;

(bb) after “3 and” insert “the approval authority must”;

(ii) in the second sub-paragraph—

(aa) for “National authorities shall” substitute “The Secretary of State must”;

(bb) after “service of, and” insert “the approval authority must”;

(cc) for “EC type-approval” substitute “GB type-approval”;

(j) in paragraph 15(a)—

(i) for “EC-type-approval or national type-approval” substitute “GB type-approval”;

(ii) for “EC component” substitute “GB component”.

(8) In Article 14 (implementing measures)—

(a) in paragraph 1, in the opening words, for “Commission shall” substitute “Secretary of State may by regulations”;

(b) in point (b), omit “within or between Member States”;

(c) in point (f), for “that are mandatory under Article 4(4) of Decision 97/836/EC” substitute “which the United Kingdom has voted in favour of”;

(d) omit paragraph 2;

(e) in paragraph 3—

(i) in the opening words, for “Commission may” substitute “Secretary of State may by regulations”;

(ii) omit point (b);

(f) omit paragraph 4.

(9) For Article 15 (committee procedure), substitute—

(1) Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument. (2) Such regulations may— (a) make incidental, supplemental, consequential or transitional provision, and (b) make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas. (3) Before making any regulations in accordance with this Article, the Secretary of State must consult with such representative organisations as the Secretary of State thinks fit. (4) A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) Omit Articles 16 and 17.

(11) After Article 20, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(12) In Annex IV, in the notes to the table—

(a) in the second paragraph, for “Articles 26 and 28 of Directive 2007/46” substitute “Articles 48 and 50 of Regulation (EU) 2018/858”;

(b) in the final sentence of the third paragraph—

(i) for “national authorities” substitute “the Secretary of State”;

(ii) for “Article 26 of Directive 2007/46/EC” substitute “Article 48 of Regulation (EU) 2018/858”;

(d) in note (f), in the opening words, for “point 2.11.5 of Annex I to Directive 2007/46/EC” substitute “point 1.9 of Annex I to Commission Implementing Regulation (EU) 2020/683”;

(e) in note (h), for “an EC” substitute “a GB”.

Commission Regulation (EU) No 406/2010

56

(1) Commission Regulation (EU) No 406/2010 is amended as follows.

(2) In Article 2 (administrative provisions for EC type-approval of a vehicle with regard to hydrogen propulsion)—

(a) in the heading and paragraph 1, for “EC type-approval” substitute “GB type-approval”;

(b) in paragraphs 3 and 4, for “an EC type-approval” substitute “a GB type-approval”;

(i) for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(ii) for “A Member State” substitute “The approval authority”.

(3) In Article 3 (administrative provisions for EC component type-approval of hydrogen components)—

(a) in the heading and paragraph 1, for “EC component type-approval” substitute “GB component type-approval”;

(b) in paragraph 2—

(i) for “an EC component type-approval” substitute “a GB component type-approval”;

(ii) for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(iii) for “A Member State” substitute “The approval authority”;

(iv) in paragraph 3, for “an EC type-approval” substitute “a GB type-approval”.

(4) In Article 4 (regulatory provisions which do not apply)—

(a) in the opening words—

(i) for “EC” substitute “GB”;

(ii) for “Articles 6 and 9 of Directive 2007/46/EC” substitute “Article 22(1) of Regulation (EU) 2018/858”;

(b) in point (1), for “Council Directive 80/1268/EEC” substitute “Regulation (EC) 715/2007 in respect of the determination of fuel consumption and CO₂ emissions”;

(c) in point (2), for “Council Directive 80/1269/EEC” substitute “Regulation (EC) 715/2007 or Regulation (EC) No 595/2009, both in respect of the determination of engine power”;

(d) in point (3), for “Annex I to Council Directive 70/2221/EEC” substitute “UN Regulation 34, as amended by the 03 series of amendments[^f00100]”;

(e) in point (4), for “Section 3.3.5 of Annex II and Section 4.3.2 of Appendix 1 to Annex II to Directive 96/27/EC of the European Parliament and of the Council” substitute “paragraph 5.3.6 of, and paragraph 4.3.2 of Annex 4 to, UN Regulation 95, as amended by the 03 series of amendments[^f00101]”;

(f) in point (5) for “Section 3.2.6 of Annex II and Section 1.4.2.2 of Appendix 1 to Annex II to Directive 96/79/EC of the European Parliament and of the Council” substitute “paragraphs 5.2.6 of, and paragraph 1.4.2.2 of Annex 3 to, UN Regulation 94, as amended by the 03 series of amendments[^f00102]”.

(5) In Article 5 (EC component type-approval mark)—

(a) for “EC” in the heading and the first time it occurs, substitute “GB”;

(b) for “an EC” substitute “a GB”.

(6) After Article 6 (entry into force), omit “This Regulation shall be binding in its entirely and directly applicable in all Member States.”

(7) In the list of Annexes, for “EC” each time it occurs, substitute “GB”.

(8) In Annex I (administrative documents for EC type-approval of vehicles re hydrogen propulsion)—

(a) in the title of the Annex and in the heading of the information document in Part 1, for “EC” substitute “GB”;

(b) in Part 1 (model information document)—

(i) in the explanatory notes following paragraph 3.9.2.6, in note (c), for “Part A of Annex II to Directive 2007/46/EC” substitute “Article 4 to Regulation (EU) 2018/858”;

(ii) in the Appendix to the information document, in the entry for “Container statement of service”, after “406/2010” insert “as it has effect in domestic law”;

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

(ii) in the words before Section I, after “406/2010” insert “as it has effect in domestic law, as last amended by S.I. …./….”;

(iii) in Section I, for paragraphs 0.1 to 0.9 substitute—

(to be completed in accordance with Section 1 of the template of Model B in Annex III to Commission Implementing Regulation (EU) 2020/683)

(iv) in Section II, for paragraphs 1 to 8, and the list of attachments, substitute—

(to be completed in accordance with Section II of the template of Model B in Annex III to Commission Implementing Regulation (EU) 2020/683)

(v) in the Addendum, for “EC” in the heading both times it occurs, substitute “GB”;

(d) in Part 3 (information to be provided for inspection)—

(i) in paragraph 1(b), for “Council Directive 76/114/EEC” substitute “Commission Regulation (EU) No 19/2011[^f00103]”;

(ii) in paragraph 2—

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

(bb) omit “in the Member States”.

(9) In Annex II (administrative documents for EC component type-approval of hydrogen components and systems)—

(a) in the title, and each other time it occurs (except in references to “Regulation (EC) No 79/2009”), including in the Addendum to Part 2, for “EC” substitute “GB”;

(b) in Part 2 (model EC type-approval certificate)—

(i) in the words before Section 1, after “406/2010” insert “, as last amended by S.I. …./….”;

(ii) in Section 1, for paragraphs 0.1 to 0.9 substitute—

(to be completed in accordance with Section I of the template of Model C in Annex III to Commission Implementing Regulation (EU) 2020/683)

(iii) in Section II, for paragraphs 1 to 8 and the following list of attachments, substitute—

(to be completed in accordance with Section II of the template of Model C in Annex III to Commission Implementing Regulation (EU) 2020/683)

(i) for paragraph 1.1, substitute—

(1.1) A rectangle surrounding the lower-case letter ‘g’ followed by the number 11.

(ii) in the Addendum to Appendix 1—

(aa) for the image, substitute—

[image omitted]

(bb) in the legend, for “by Belgium” substitute “by the United Kingdom”.

(10) In Annex III (requirements for hydrogen components and systems designed to use liquid hydrogen)—

(a) in Part 1, in point 2.4, for “Directives 96/27/EC and 96/79/EC of the European Parliament and of the Council” substitute “UN Regulation 94 and UN Regulation 95”;

(b) in Part 2, in point 5.5.1, for “EC” substitute “GB”.

(11) In Annex IV (requirements for hydrogen components and systems designed to use compressed hydrogen)—

(a) for “EC”, each time it occurs (except in references to “Regulation (EC) No 79/2009”), substitute “GB”;

(b) in Part 1, in point 2.3, for “Directives 96/27/EC and 97/79/EC” substitute “UN Regulation 94 and UN Regulation 95”.

Commission Regulation (EU) No 672/2010

57

(1) Commission Regulation (EU) No 672/2010 is amended as follows.

(2) In Article 1 (scope), for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

(3) In Article 3 (provisions for EC type-approval of a vehicle re windscreen defrosting and demisting systems)—

(a) in paragraph 1, and in the heading to the Article, for “EC type-approval” substitute “GB type-approval”;

(b) in paragraphs 3 and 4, for “an EC type-approval” substitute “a GB type-approval”;

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

(ii) in the second subparagraph, for “A Member State” substitute “The approval authority”.

(4) In Article 4—

(a) omit “National authorities shall permit”;

(b) for “661/2009 and” substitute “661/2009 is permitted, and the approval authority must”.

(5) Omit “This Regulation shall be binding in its entirety and directly applicable in all Member States” following Article 5.

(6) In Annex I (administrative documents for EC type-approval of motor vehicles re windscreen defrosting and demisting systems)—

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

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

(i) in note (c), for “Directive 2007/46/EC Part A of Annex II” substitute “Article 4 of Regulation (EU) 2018/858”;

(ii) in note (ⁿ), for “Council Directive 80/1269/EEC (OJ L 375, 31.12.1980, p. 46)” substitute “Regulation (EC) 715/2007 (EUR 2007/715)”;

(d) in Part 2—

(i) in the words before Section I, for “as last amended by Regulation (EU) No … / …” substitute “as it has effect in domestic law, as last amended by S.I. …. /……”;

(ii) in the notes following Section II of Part 2, in note (³), for “Directive 2007/46/EC, Annex II, Section A” substitute “Article 4 of Regulation (EU) 2018/858”.

Commission Regulation (EU) No 1003/2010

58

(1) Commission Regulation (EU) No 1003/2010 is amended as follows.

(2) In Article 2 (provisions for EC type-approval of a motor vehicle or a trailer re the space for rear registration plates)—

(a) in the heading, and in paragraph 1, for “EC type-approval”, substitute “GB type-approval”;

(b) in paragraph 3—

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

(ii) in the second subparagraph, for “A Member State” substitute “The approval authority”;

(3) In Article 3 (validity and extension of approvals granted under Directive 70/222/EEC)—

(a) omit “National authorities shall permit”;

(b) for “661/2009 and” substitute “661/2009 is permitted, and the approval authority must”.

(4) Omit “This Regulation shall be binding in its entirety and directly applicable in all Member States” following Article 4.

(5) In Annex I (administrative documents for EC type-approval of motor vehicles and their trailers re the space for rear registration plates)—

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

(b) in the explanatory notes at the end of Part 1, in note (c), for “Directive 2007/46/EC Part A of Annex II” substitute “Article 4 of Regulation (EU) 2018/858”;

(i) in the words before section 1, for “as last amended by Regulation (EU) No … / …” substitute “as it has effect in domestic law, as last amended by S.I. …. /……,”;

(ii) in note (3) to point 0.4 of Section I, for “Directive 2007/46/EC, Annex II, Section A” substitute “Article 4 of Regulation (EU) 2018/858”.

(6) In Annex II (requirements for the space for mounting and fixing rear registration plates), in point 1.2.3—

(a) for “point 2.11.5 of Annex I to Directive 2007/46/EC” substitute “point 1.9 of Annex I to Commission Implementing Regulation (EU) 2020/683”;

(b) for “EC type-approval” substitute “GB type-approval”.

Commission Regulation (EU) No 1005/2010

59

(1) Commission Regulation (EU) No 1005/2010 is amended as follows.

(2) For “EC type-approval”, each time it occurs, except in Article 3, paragraphs 3 and 4, substitute “GB type-approval”.

(3) In Article 1 (scope), for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

(4) In Article 3 (provisions for EC type-approval of a vehicle re towing devices)—

(a) in paragraph 3—

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

(ii) in the second subparagraph, for “A Member State” substitute “The approval authority”.

(b) in paragraphs 3 and 4, for “an EC type-approval” substitute “a GB type-approval”.

(5) In Article 4 (validity and extension of approvals granted under Directive 77/389/EEC)—

(a) omit “National authorities shall permit”;

(b) for “661/2009, and” substitute “661/2009 is permitted, and the approval authority must”.

(6) Omit “This Regulation shall be binding in its entirety and directly applicable in all Member States” following Article 5.

(7) In Annex I (administrative documents for EC type-approval of vehicles re towing devices)—

(a) after paragraph 1.1, insert—

(1.9) Specify if the towing vehicle is intended to tow semi-trailers or other trailers and if the trailer is— (a) a semi-trailer, (b) a drawbar-trailer, (c) a centre-axle-trailer, or (d) a rigid-drawbar trailer.

(b) omit paragraph 2.11.5;

(c) in the explanatory notes at the end of Part 1, in note (c), for “Directive 2007/46/EC Part A of Annex II” substitute “Article 4 of Regulation (EU) 2018/858”;

(d) in Part 2—

(i) in the words before section 1, for “as last amended by Regulation (EU) No … / …” substitute “as it has effect in domestic law, as last amended by S.I. …. /……,”;

(ii) in note (3) to point 0.4 of Section I, for “Directive 2007/46/EC, Annex II, Section A” substitute “Article 4 of Regulation (EU) 2018/858”.

(8) In Annex II (requirements for towing devices), in point 1.1.2, for “Directive 2007/46/EC Part A of Annex II” substitute “Article 4 of Regulation (EU) 2018/858”.

Commission Regulation (EU) No 1008/2010

60

(1) Commission Regulation (EU) No 1008/2010 is amended as follows.

(2) For—

(a) “an EC type-approval”, in Article 3(3) and 3(4), and in Article 4(3), substitute “a GB type-approval”;

(b) in all other cases, for “EC type-approval”, each time it occurs, substitute “GB type-approval”.

(3) In Article 1 (scope), for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

(4) In Article 3(3) (EC type-approval of a vehicle re windscreen wiper and washer systems)—

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

(b) in the second subparagraph, for “A Member State” substitute “The approval authority”.

(5) In Article 4 (EC separate technical unit type-approval of windscreen washer systems)—

(a) in the heading, and both other times it appears, for “EC separate” substitute “GB separate”;

(b) in paragraph 2—

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

(ii) in the second subparagraph, for “A Member State” substitute “The approval authority”.

(6) In Article 5 (EC separate technical unit type-approval mark)—

(a) in the heading and both other times it appears, for “EC” substitute “GB”;

(b) at the end insert as a new subparagraph—

This Article does not apply to a separate technical unit which was manufactured before 1 February 2026 and is of a type which has been approved by an approval authority of a member State in accordance with Commission Regulation (EU) 1008/2010[^f00104] or Annex IV to Commission Implementing Regulation (EU) 2021/535[^f00105], in each case as they have effect in EU law.

(7) In Article 6—

(a) omit “National authorities shall permit”;

(b) for “661/2009, and” substitute “661/2009 is permitted, and the approval authority must”.

(8) Omit “This Regulation shall be binding in its entirety and directly applicable in all ms” following Article 7.

(9) In Annex I (administrative documents for vehicles re their windscreen wiper and washer systems)—

(a) in the explanatory notes at the end of Part 1—

(i) in note (c), for “Directive 2007/46/EC Part A of Annex II” substitute “Article 4 of Regulation (EU) 2018/858”;

(ii) in note (n), for “Directive 80/1269/EEC (OJ L 375, 31.12.1980, p. 46)” substitute “Regulation (EU) No 715/2007 (EUR 2007/715)”;

(b) in Part 2—

(i) in the words before section 1, for “as last amended by Regulation (EU) No … / …” substitute “as it has effect in domestic law, as last amended by S.I. …. /……,”;

(ii) in note (3) to point 0.4 of Section I, for “Directive 2007/46/EC, Annex II, Section A” substitute “Article 4 of Regulation (EU) 2018/858”.

(10) In Annex II (Administrative documents for EC type-approval of windscreen washer systems as separate technical units)—

(a) in Part 1, in point 0.7, for “EC” substitute “GB”;

(b) in Part 2—

(i) in the words before section 1, for “as last amended by Regulation (EU) No … / …” substitute “as it has effect in domestic law, as last amended by S.I. …. /……,”;

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

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

(ii) for point 1.1, substitute—

(1.1) A rectangle surrounding the lower-case letter “g”, followed by the number “11”.

(iii) in point 2, for “EC” substitute “GB”;

(iv) in point 3—

(aa) for “EC”, both times it occurs, substitute “GB”;

(bb) for figure 1, substitute the following image—

[image omitted]

(v) in the explanatory note following point 3—

(aa) for “EC” substitute “GB”;

(bb) omit “by The Netherlands”.

Commission Regulation (EU) No 1009/2010

61

(1) Commission Regulation (EU) No 1009/2010 is amended as follows.

(2) In Article 1 (scope), for “Annex II to Directive 2007/46/EC” substitute “Article 4 to Regulation (EU) 2018/858.”

(3) In Article 3 (provisions for EC type-approval of a vehicle re wheel guards)—

(a) in the heading and in paragraph 1, for “EC type-approval” substitute “GB type-approval”;

(b) in paragraph 3—

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