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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) 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 (validity and extension of approvals granted under Directive 78/549/EEC)—

(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 vehicles for EC type-approval of wheel guards)—

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

(b) in Part 1—

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

(ii) in the notes to Part 1, in the note (c) to point 0.4, for “Directive 2007/46/EC, Part A of Annex II” substitute “Article 4 of Regulation (EU) 2018/858”;

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

(ii) in the opening section, for “as last amended by Regulation (EU) No …/” substitute “as it forms part of domestic law, and as last amended by S.I. …./….”;

(iii) in the notes to Part 2, in note (³) to point 0.4, for “Directive 2007/46/EC, Annex II, Section A” substitute “Article 4 of Regulation (EU) 2018/858”;

(d) in the Addendum to Part 2, in the heading “for “EC type-approval” substitute “GB type-approval”.

Commission Regulation (EU) No 19/2011

62

(1) Commission Regulation (EU) No 19/2011 is amended as follows.

(2) In Article 2(3) (definitions), for “Annex II, Part B to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

(3) In Article 3 (provisions for EC type-approval of a type of vehicle re the manufacturer’s statutory plate and vehicle identification number)—

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

(b) in paragraph 4—

(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 (validity and extension of EC type-approvals granted under Directive 76/114/EEC)—

(a) omit “National authorities shall permit”;

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

(5) After Article 5 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

(6) In Annex I (technical requirements), after point 2.3, insert—

(2.4) By way of derogation from point 2.1(b)— (a) for vehicles manufactured on or before 31st January 2024 which are of a type approved by an approval authority of a member State under Regulation (EU) 2018/858[^f00106] as it applies in EU law, the manufacturer may instead print the whole vehicle type approval number according to Annex IV of Commission Implementing Regulation (EU) 2020/683 as it applies in EU law; (b) a vehicle which is of a type which has been approved by an approval authority of a member State in accordance with Regulation (EU) 2018/858 as it applies in EU law may be fitted with a statutory plate which is printed with the whole vehicle type approval number in accordance with Annex IV of Commission Implementing Regulation (EU) 2020/683[^f00107] as it applies in EU law, instead of the GB whole vehicle type approval number. In this case, the GB whole vehicle type approval number (in accordance with Annex IV of Commission Implementing Regulation (EU) 2020/683) must be printed on the statutory plate below or to the side of the “clearly marked rectangle” referred to in point 4.1. (2.5) By way of derogation from point 2.1, a vehicle which is of a type which has been approved by an approval authority of a member State in accordance with Regulation (EU) 2018/858 as it applies in EU law, may be fitted with a statutory plate that does not contain the information required in sub-paragraph 2.1(d) to (f) if it is also fitted with a statutory plate complying with Commission Regulation (EU) 19/2011[^f00108] or with Annex II to Regulation (EU) 2021/535[^f00109], in each case as they apply in the EU.

(7) In the Appendix to Annex I—

(a) in paragraph 1—

(i) for “e32007/460004” substitute “g112007/460004”;

(ii) for “Italy” substitute “Great Britain”;

(b) in paragraph 2—

(i) for “e12007/460345” substitute “g112007/460345”;

(ii) for “Germany” substitute “Great Britain”;

(i) for “e112007/460085” substitute “g112007/460085”;

(ii) for “the United Kingdom” substitute “Great Britain”;

(d) in paragraph 4—

(i) for “e62007/460098” substitute “g112007/460098”;

(ii) for “Belgium” substitute “Great Britain”.

(8) In Annex II, in paragraph 1.1, for “national authority” substitute “approval authority”.

(9) In Annex III—

(a) in Part A (information document)—

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

(ii) in point 0.6, for “manufacturer’s statutory plate” substitute “statutory plates and location of vehicle identification number”;

(iii) omit points 0.7, 0.7.1 and 0.7.2;

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

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

(ii) for “Regulation (EU) No …/…, as last amended by Regulation (EU) No …/….” substitute “Regulation (EU) No 19/2011 as it forms part of domestic law, as last amended by S.I. …./…..”;

(d) in the explanatory notes following Part B of Annex III, in note (³), for “Annex II Section A” substitute “Article 4 of Regulation (EU) 2018/858”;

(e) in the Addendum to Part B, for “EC” substitute “GB”.

Commission Regulation (EU) No 109/2011

63

(1) Commission Regulation (EU) No 109/2011 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 2 (definitions)—

(a) in point (11), for the words from “point 2.15” to the end, substitute “point 35 of Article 2 of Commission Regulation (EU) No. 1230/2012[^f00110]”;

(b) in point (12), for the words from “point 2.6” to the end, substitute “point 4 of Article 2 of Commission Regulation (EU) No. 1230/2012”;

(d) in point (15), for “as defined in point 2.1.1.2.2 of Annex I to Directive 97/27/EC” substitute “which is designed and constructed exclusively or principally to tow semi-trailers”;

(e) in point (16), for “point 2.8 of Annex I to Directive 2007/46/EC”, substitute “point 7 of Article 2 of Commission Regulation (EU) No. 1230/2012”.

(4) In Article 3 (EC type-approval of a vehicle re spray suppression systems)—

(a) in the heading, and in 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) 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 “An approval” substitute “The approval”.

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

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

(b) in paragraph 2—

(i) in the first subparagraph—

(aa) for “an EC” substitute “a GB”;

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

(ii) in the second subparagraph, for “An approval” substitute “The approval”;

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

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

(b) for “an EC” substitute “a GB”;

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) 109/2011[^f00111] or Annex VIII of Commission Implementing Regulation (EU) 2021/535[^f00112], in each case as they have effect in EU law.

(7) In Article 6—

(a) omit “National authorities shall permit”;

(b) for “2012 and” substitute “2012 is permitted, and the approval authority must”.

(8) After Article 7 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”

(9) In Annex I (administrative documents for EC type approval of vehicles re their spray suppression systems)—

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

(b) in Part 2—

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

(ii) in the opening section, for “Regulation (EU) … / …, as last amended by Regulation (EU) No …/…” substitute “Regulation (EU) No 109/2011, as it has effect in domestic law, and as last amended by S.I. …../……”;

(c) in note (3) after Part 2, for “Directive 2007/46/EC, Annex II, Section A” substitute “Article 4 of Regulation (EU) 2018/858”;

(d) in the heading to the Addendum to Part 2, for “EC type-approval” substitute “GB type-approval”.

(10) In Annex II (administrative documents for EC type-approval of spray suppression systems as separate technical units)—

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

(b) in Part 1—

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

(ii) in point 1.3, for “EC component” substitute “GB component”;

(i) in the opening section, for “Regulation (EU) No … / …, as last amended by Regulation (EU) No …/…” substitute “Regulation (EU) No 109/2011, as it has effect in domestic law, and as last amended by S.I. …../……”;

(ii) in point 0.7 of section I, for “EC approval” substitute “GB approval”;

(d) in Part 3—

(i) for point 1.1, substitute—

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

(ii) in point 3, for the example of a separate technical unit type-approval mark, substitute—

[image omitted]

(iii) in the legend following the example, omit “by The Netherlands”.

(11) In Annex III (requirements and tests for spray suppression devices)—

(a) in the heading to point 2, for “EC component” substitute “GB component”;

(b) in point 2.1—

(i) for “EC component” substitute “GB component”;

(ii) for “Article 7 of Directive 2007/46/EC” substitute “Article 23 of Regulation (EU) 2018/858”;

(d) in point 2.4.2, for “the Appendix of Annex VII to Directive 2007/46/EC” substitute “Annex V to Commission Implementing Regulation (EU) 2020/683”.

(12) In Annex IV (requirements for type-approval of vehicles re their spray suppression systems), in point 0.1, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”.

(13) In Annex V (conformity of production and cessation of production)—

(a) in point 1.1, 1.2 and 2, for “EC component” each time it occurs, substitute “GB component”;

(b) in point 1.1 for “EC type-approval” substitute “GB type-approval”.

Commission Regulation (EU) No 458/2011

64

(1) Commission Regulation (EU) No 458/2011 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 (EC type-approval of a vehicle re the installation of its tyres)—

(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”;

(4) After Article 4 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

(5) In Annex I (administrative provisions for the type-approval of vehicles re the installation of their tyres)—

(a) in Part 1—

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

(ii) in the explanatory notes following Part 1, in note (c) to point 0.4, for “Directive 2007/46/EC Part A of Annex II” substitute “Article 4 of Regulation (EU) 2018/858”;

(b) in Part 2—

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

(ii) in the opening section, for “Regulation (EU) No …/2011” substitute “Commission Regulation (EU) No 458/2011 as it has effect in domestic law, and as last amended by S.I. …./…”;

(iii) in the explanatory notes following Part 2, in note (³) to point 0.4, for “Directive 2007/46/EC, Annex II, Section A”, substitute “Article 4 of Regulation (EU) 2018/858”;

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

(ii) in point 4, after “Regulation No 64” insert “or UNECE Regulation No 141[^f00113]”.

Commission Regulation (EU) No 582/2011: Articles

65

(1) Commission Regulation (EU) No 582/2011 is amended as follows.

(2) In Article 2 (definitions), omit point (44).

(3) Omit Articles 2a (access to vehicle OBD and vehicle repair and maintenance information) to 2h (forum on access to vehicle information).

(4) In Article 3 (requirements for type-approval)—

(a) in paragraph 1—

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

(ii) omit “and vehicle repair and maintenance information” each time it occurs;

(iii) in the second subparagraph, for “in the Union” substitute “in Great Britain”;

(b) in paragraphs 1, 2, 4, 6, 7 and 8, for “an EC type-approval” each time it occurs, substitute “a GB type-approval”;

(d) in paragraphs 2 and 3, omit “and vehicle repair and maintenance information” each time it occurs;

(e) in paragraph 3, for “the EC type-approval” substitute “the GB type-approval”;

(f) in paragraph 6, omit “and vehicle repair and maintenance information”;

(g) in paragraph 14, after “the Union” insert “or the United Kingdom”.

(5) In Article 4 (on-board diagnostics)—

(a) in paragraph 3, after “the Union” insert “or the United Kingdom”;

(b) omit paragraph 8.

(6) In Article 5 (application for EC type-approval of an engine system or family as a separate technical unit re emissions etc)—

(a) in the heading—

(i) for “EC” substitute “GB”;

(ii) omit “and access to repair and maintenance information”;

(b) in paragraph 1, for “EC” substitute “GB”;

(7) In Article 6 (administrative provisions for EC type-approval of an engine system or family as a separate technical unit re emissions etc)—

(a) in the heading—

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

(ii) omit “and access to repair and maintenance information”;

(b) in paragraph 1—

(i) in the first sub-paragraph, for “an EC type-approval” substitute “a GB type-approval”;

(ii) for “Annex VII to Directive 2007/46/EC”, both times it occurs, substitute “Annex IV to Commission Implementing Regulation 2020/683”;

(i) in the opening words, for “an EC type-approval” substitute “a GB type-approval”;

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

(iii) omit point (b);

(d) in paragraph 2, for “an EC type-approval” substitute “a GB type-approval”.

(8) In Article 7 (application for EC type-approval of a vehicle with an approved engine system re emissions etc)—

(a) in the heading, and in paragraphs 1 and 2, for “EC type-approval” substitute “GB type-approval”;

(b) in the heading, omit “and access to vehicle repair and maintenance information”;

(9) In Article 8 (administrative provisions for EC type-approval of a vehicle with an approved engine system re emissions etc)—

(a) in the heading—

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

(ii) omit “and access to vehicle repair and maintenance information”;

(b) in paragraphs 1, 1a and 2, for “an EC type-approval”, each time it occurs, substitute “a GB type-approval”;

(i) omit “and access to vehicle repair and maintenance information”;

(ii) for “Annex VII to Directive 2007/46/EC”, both times it occurs, substitute “Annex IV to Commission Implementing Regulation 2020/683”;

(d) in paragraph 1a—

(i) in point (a), for “EC” substitute “GB”;

(ii) omit point (b);

(iii) in point (e), for “the Union” substitute “Great Britain”.

(10) In Article 9 (application for EC type-approval of a vehicle re emissions etc), in the heading and in paragraph 1—

(a) for “EC” substitute “GB”;

(b) omit “and access to vehicle repair and maintenance information”.

(11) In Article 10 (administrative provisions for EC type-approval of a vehicle re emissions)—

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

(b) in the heading, in the first sub-paragraph of paragraph 1, and in the opening words of paragraph 1a, omit “and access to vehicle repair and maintenance information”;

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

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

(d) in paragraph 1a—

(i) in the opening words, for “an EU type-approval” substitute “a GB type-approval”;

(ii) omit point (b);

(iii) in point (e), for “the Union” substitute “Great Britain”;

(e) in paragraph 2, for “an EU type-approval”, both times it occurs, substitute “a GB type-approval”.

(12) In Article 11 (conformity of production), in paragraph 1, for “Article 12 of Directive 2007/46/EC” substitute “Article 31 of Regulation (EU) 2018/858”.

(13) In Article 12 (in-service conformity)—

(a) in paragraph 1, for “Article 12 of Directive 2007/46/EC” substitute “Article 31 of Regulation (EU) 2018/858”;

(b) in paragraph 5, omit “or based on in-service testing conducted by a Member State,”;

(i) for “Any Member State” substitute “The Secretary of State”;

(ii) for “its own” substitute “their own”;

(iii) omit the last sentence;

(d) omit paragraphs 7 to 10.

(14) In Article 13 (remedial measures)—

(a) in paragraph 3, for “Article 30(1) and 30(5) of Directive 2007/46/EC” substitute “Article 52 of Regulation (EU) 2018/858”;

(b) in paragraph 4, omit “and all Member States”.

(15) In Article 15 (pollution control devices), in paragraph 1, for “EC type-approved”, both times it occurs, substitute “GB type-approved”.

(16) In Article 16 (application for EC type-approval of replacement pollution control devices as separate technical units)—

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

(b) omit paragraph 3.

(17) In Article 17 (administrative provisions for EC type-approval of replacement pollution control devices as separate technical units)—

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

(b) in paragraphs 1 and 2, for “an EC type-approval” substitute “a GB type-approval”;

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

(18) In Article 17a (transitional provisions)—

(a) in paragraph 1—

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

(ii) for “EC” substitute “GB”;

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

(b) in paragraph 2—

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

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

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

(20) In the list of Annexes, for “EC type-approval”, each time it occurs, substitute “GB type-approval”.

Commission Regulation (EU) No 582/2011: Annexes

66

(1) The Annexes to Commission Regulation (EU) No 582/2011 are amended as follows.

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

(a) in the heading and each other time it occurs, except in points 3.2 and 3.4, for “EC type-approval” substitute “GB type-approval”;

(b) in point 1.1.2—

(i) in the opening words, for “Directive 98/70/EC of the European Parliament and of the Council” substitute “the Motor Fuel (Composition and Content) Regulations 1999[^f00114]”;

(ii) in point (c), for “Directive 98/70/EC” substitute “the Motor Fuel (Composition and Content) Regulations 1999”;

(d) in point 3.2, for “an EC type-approval” substitute “a GB type-approval”;

(e) for point 3.2.1 substitute—

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

(f) in point 3.2.2, for “Annex VII to Directive 2007/46/EC” substitute “Annex IV to Commission Implementing Regulation (EU) 2020/683”;

(g) in point 3.2.3 and 3.2.4, for “EC approval mark”, each time it occurs, substitute “GB approval mark”;

(h) in point 3.4—

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

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

(iii) omit “and access to vehicle repair and maintenance information”;

(i) in point 7.1—

(i) for “Article 12 of Directive 2007/46/EC” substitute “Article 31 of Regulation (EU) 2018/858”;

(ii) for “Annex X to Directive 2007/46/EC” substitute “Annex IV to Regulation (EU) 2018/858”;

(j) in point 7.2.2.2, for “Annex X to Directive 2007/46/EC” both times it occurs, substitute “Annex IV to Regulation (EU) 2018/858”;

(3) In Appendix 4 to Annex I—

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

(b) in the first paragraph, in the second and third subparagraphs, omit “and access to vehicle repair and maintenance information”;

(i) in the fourth paragraph, for “Parts 1 and 3” substitute “Part 1”;

(ii) in the fifth paragraph—

(aa) for “of vehicle” substitute “of a vehicle”;

(bb) omit “and access to vehicle repair and maintenance information”;

(iii) in the sixth paragraph—

(aa) omit “and access to vehicle repair and maintenance information”;

(bb) for “1, 2 and 3” substitute “1 and 2”;

(d) in the table in following the explanatory notes—

(i) in entry 0.2.0.3, omit “and access to vehicle repair and maintenance information” both times it occurs;

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

(iii) in the words following the table, omit “Part 3: access to vehicle repair and maintenance information”;

(e) in the table in Part 1, in entry 3.2.12.2.8.2.1—

(i) after “vehicles specified in” insert “point (d) of Article 2(2) or”;

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

(f) in the table in Part 2, in entry 3.2.12.2.8.2.1—

(i) after “vehicles specified in” insert “point (d) of Article 2(2) or”;

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

(g) omit Part 3 (access to vehicle repair and maintenance information).

(4) In Appendix 5 to Annex I—

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

(b) in Section I, in point 0.5, for “EC approval” substitute “GB approval”.

(5) In Appendix 6 to Annex I—

(a) in the heading, for “ECT type-approval” substitute “GB type-approval”;

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

(6) In Appendix 7 to Annex I, in the heading and each other time it appears, including in the Addendum following Appendix 7, for “EC type-approval” substitute “GB type-approval”.

(7) In Appendix 8 to Annex I—

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

(b) for the image, substitute—

[image omitted]

(8) In Appendix 9 to Annex I, in the heading and each other time it appears, for “EC type-approval” substitute “GB type-approval”.

(9) In Appendix 10 to Annex I, in note (b), for “Section A of Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”.

(10) In Annex II (conformity of in-service engines or vehicles)—

(a) in point 3.2, at the end of the first sentence, insert “or the United Kingdom”;

(b) in point 4.1, in the second subparagraph, for “Annex I to Directive 2007/46/EC”, substitute “Annex I to Commission Implementing Regulation (EU) 2020/683”;

(d) in point 9.1, omit “of the Member State where the engines or vehicles subject to remedial action are registered or used”;

(e) in Appendix 1, in point 2.2, omit “and the Commission”.

(11) In Annex VIII (CO₂ emissions and fuel consumption)—

(a) in points 5, and 5.1.1, for “an EC type-approval” substitute “a GB type-approval”;

(b) in point 5.1.2—

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

(ii) for “existing EU type-approvals” substitute “existing GB type-approvals”.

(12) In Annex X (on-board diagnostics)—

(a) omit point 2.2;

(b) in point 2.4.1, for “Annex I to Directive 2001/85/EC” substitute “Section 2 (Definitions) of UN Regulation 107, as amended by the 07 series of amendments[^f00115]”;

(d) omit point 2.4.4;

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

(f) in Appendix 5—

(i) in point 2.4.1, in the opening words, omit “and the Commission”;

(ii) in point 5.2.4, for “in the Union” substitute “in Great Britain”;

(iii) in point 6, and in the heading before that point, omit “and the Commission”.

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

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

(b) each time it occurs (including in the Appendices)—

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

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

(d) for point 3.2—

(i) for the first subparagraph, substitute—

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

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

(e) in point 4.1.4, omit “that granted the original type-approval of the engine system”;

(f) in point 4.5.4—

(i) omit “which granted original type-approval of an engine of a vehicle”;

(ii) omit “Appendix on test conditions to Appendix 4 to Annex I, which contains”;

(g) in point 4.6.4, omit “which granted original type-approval of an engine of a vehicle”;

(h) in point 5.1, for “Article 12 of Directive 2007/46/EC” substitute “Article 31 of Regulation (EU) 2018/858”;

(i) in point 5.2.1, for “Section 2.2 of Annex X to Directive 2007/46/EC” substitute “Section 3.2 of Annex IV to Regulation (EU) 2018/858”;

(j) in point 5.2.2, for “Article 12(2) of Directive 2007/46/EC” substitute “Article 31(3) of Regulation (EU) 2018/858”;

(k) in Appendix 1—

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

(ii) omit points 2 to 2.3;

(l) in Appendix 2—

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

(ii) in the opening Section, after “last amended by” insert “S.I. …./….”;

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

(m) in Appendix 3—

(i) in point 2.4.2.11, for “Article 3(25) of Directive 2007/46/EC” substitute “Article 2(20) of Regulation (EU) 2018/858”;

(ii) in point 2.4.6.5, for “Directive 98/70/EC” substitute “the Motor Fuel (Composition and Content) Regulations 1999”.

(14) In Annex XIII (requirements to ensure the correct operation of NOx control measures)—

(a) in point 2.1.1, for “Annex I to Directive 2001/85/EC” substitute “Section 2 (Definitions) in UN Regulation 107, as amended by the 07 series of amendments[^f00116]”;

(b) in point 2.1.2.2.5—

(i) after “specified in” insert “Article 2(2)(d) or”;

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

(d) in point 4.1.1 and 5.1.1, in the modified text, for “point (b) of Article 2(3) of Directive 2007/46/EC” substitute “Article 2(2)(d) or 2(3)(b) of Regulation (EU) 2018/858”;

(e) in point 12, in the second subparagraph—

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

(ii) omit “and access to vehicle repair and maintenance information”.

(15) Omit Annex XVII (access to vehicle OBD and vehicle repair and maintenance information).

(16) In Annex XVIII (specific technical requirements for dual-fuel engines and vehicles), in point 7.2, for “an EC” substitute “a GB”.

Commission Regulation (EU) No 65/2012

67

(1) Commission Regulation (EU) No 65/2012 is amended as follows.

(2) In Article 4 (EC type-approval)—

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

(b) in the opening words of paragraph 2 and in the second sub-paragraph of paragraph 3, for “an EC type-approval” substitute “a GB type-approval”.

(3) Omit Article 5 (monitoring the effects of legislation).

(4) After Article 7 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”

(5) In Annex II—

(a) in Part 1 (information document)—

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

(ii) in the fourth paragraph, for “Regulation (EC) No 692/2008:” substitute “Regulation (EU) No 2017/1151;”;

(b) in Part 3 (EC type-approval certificate)—

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

(ii) for “Regulation (EU) No 65/2012 as last amended by Regulation (EU) No …/…” substitute “Regulation (EU) No 65/2012, as it has effect in domestic law, and as last amended by S.I. …../……”.

Commission Regulation (EU) No 130/2012

68

(1) Commission Regulation (EU) No 130/2012 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 2(2) (definitions), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”.

(4) In Article 3 (EC type-approval of vehicles re vehicle access and manoeuvrability)—

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

(b) in paragraph 3—

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

(5) In Article 4 (validity and extension of approvals granted under Directive 70/387/EEC and Directive 75/443/EEC)—

(a) omit “National authorities shall permit”;

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

(6) After Article 5 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”

(7) In Annex I (administrative provisions for type-approval of vehicles re vehicle access and manoeuvrability)—

(a) in Part 1 (information document)—

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

(ii) in the explanatory notes following Part 1, in note (c) to point 0.4, for “for “Part A of Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;

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

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

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

(iii) in the explanatory notes following Part 2, in note (³) to point 0.4, for “Directive 2007/46/EC, Annex II, Section A”, substitute “Article 4 of Regulation (EU) 2018/858”;

Commission Regulation (EU) No 347/2012

69

(1) Commission Regulation (EU) No 347/2012 is amended as follows.

(2) In Article 1 (scope)—

(a) in the opening words, for “Annex II to Directive 2007/46/EC” substitute “Article 4 of Regulation (EU) 2018/858”;

(b) in points (4) and (5), for “Part A of Annex II to Directive 2007/46/EC” substitute “Part A of Annex I to Regulation (EU) 2018/858”.

(3) In Article 2 (definitions)—

(a) in the first paragraph, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;

(b) in the second paragraph, in point (3), for “point 1 of Section C of Annex II to Directive 2007/46/EC” substitute “point 2.1 of Part C of Annex I to Regulation (EU) 2018/858”.

(4) In Article 3 (obligations of member States)—

(a) in the heading, for “Member States” substitute “Secretary of State”;

(b) omit paragraphs 1 and 2;

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

(ii) for “EC” substitute “GB”;

(iii) omit “or national type approval”;

(d) in paragraph 4—

(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”;

(e) in paragraph 5—

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

(ii) in points (a) and (c)—

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

(bb) omit “or national type approval”.

(5) In Article 4 (EC type-approval of a vehicle re AEBS)—

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

(b) in paragraph 3—

(i) for “an EC” substitute “a GB”;

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

(iii) for “An approval authority” substitute “The approval authority”.

(6) Omit Article 5 (amendment to Appendix 2 of Annex II).

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

(8) In Annex I (standard information document and EC type-approval certificate re AEBS)—

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

(b) in Part 1 (information document)—

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

(ii) in point 8.1, for “point 1.6 of Annex I to the Council Directive 71/320/EEC” substitute “point 2.6 of UNECE Regulation No 13[^f00117]”;

(iii) in point 8.2, for “point “1.2 of Annex I to Directive 71/320/EEC” substitute “point 2.3 of UNECE Regulation No 13”;

(iv) in point 8.6, for “the Appendix to point 1.1.4.2 of the Appendix to Annex II to Directive 71/320/EEC or to the Appendix to Annex XI thereto” substitute “Annex 10 to UNECE Regulation No 13 or to Annex 14 to that Regulation”;

(i) in note (c), for “Part A of Annex II to Directive 2007/46/EC of the European Parliament and of the Council (OJ L 263, 9.10.2007, p.1)” substitute “Article 4 of Regulation (EU) 2018/858”;

(ii) in footnote (g5), for “point 2.4.1 of Annex I to Directive 97/27/EC of the European Parliament and of the Council (OJ L 233, 25.8.1997, p.1)” substitute “point 22 of Article 2 of Commission Regulation (EU) 1230/2012, taking into account Appendix 1 to Annex I thereto”;

(iii) in footnote (g7), for “point 2.4.2 of Annex I to Directive 97/27/EC” substitute “point 23 of Article 2 of Commission Regulation 1230/2012, taking into account Appendix 1 to Annex I thereto”;

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

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

(ii) in words preceding Section I—

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

(bb) for “as amended and complying with approval level 1 / approval level 2” substitute “as it forms part of domestic law and as lasted amended by S.I. …../… with approval level 2”;

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

(f) in the Addendum to Part 2, in the heading, for “EC” substitute “GB”.

(9) In Annex II (requirements and tests for the type-approval of vehicles re AEBS)—

(a) in point 2.4.2.1, omit subparagraph (a);

(b) in point 2.4.2.2, omit the words “for approval level 1” to “Appendix 1”;

(d) in point 2.5.1, omit “For approval level 1: Column H of the table in Appendix 1”;

(e) in point 2.5.2.1, omit “For approval level 1: Column E of the table in Appendix 1”;

(f) in point 2.5.2.2, omit “For approval level 1: Column F of the table in Appendix 1”;

(g) omit Appendix 1 to Annex II;

(h) in the footnotes to Appendix 2, omit footnote (⁵).

Commission Regulation (EU) No 351/2012

70

(1) Commission Regulation (EU) No 351/2012 is amended as follows—

(2) In Article 1 (scope)—

(a) in the opening words, for “Annex II to Directive 2007/46/EC of the European Parliament and of the Council” substitute “Article 4 of Regulation (EU) 2018/858”;

(b) in point 4, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(3) In Article 3 (EC type-approval of a type of vehicle re LDWS)—

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

(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”;

(d) after paragraph 4, insert—

(5) Where an application for approval is made before 31st December 2026 under paragraph 1 in respect of a vehicle type which has been approved by the approval authority of a member State under Commission Regulation (EU) 351/2012, as that Regulation has effect in EU law, by way of derogation to point 2.2.3.1 of Annex II to this Regulation, the visible lane markings used in the lane departure tests of point 2.6 may be any one of those identified in the Appendix to Annex II, provided that the approval authority has been presented with documentary evidence in accordance with point 2.2.3.2 of Annex II demonstrating compliance with the UK lane markings specified in table 1 in the Appendix to Annex II.

(4) After Article 4 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”.

(5) In Annex I (standard models for the information document and EC type-approval certificate)—

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

(b) in the explanatory notes following Part 1—

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

(ii) in note (g5), for “point 2.4.1 of Annex I to Directive 97/27/EC of the European Parliament and of the Council” substitute “point 22 of Article 2 of Commission Regulation (EU) 1230/2012, taking into account Appendix 1 to Annex I”;

(iii) in note (g7), for “point 2.4.2 of Annex I to Directive 97/27/EC” substitute “point 23 of Article 2 of Commission Regulation (EU) 1230/2012, taking into account Appendix 1 to Annex I”;

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

(e) in the heading to the Addendum to Annex I, for “EC” substitute “GB”.

(6) In Annex II (requirements and tests for the type-approval of motor vehicles re lane departure warnings systems)—

(a) in point 2.2.3.1—

(i) after “to this Annex” insert “as being used in the United Kingdom”;

(ii) for “Member State concerned” substitute “United Kingdom”;

(b) in point 2.2.3.2, after “to this Annex” insert “as being used in the United Kingdom”.

Commission Regulation (EU) No 1230/2012: Articles

71

(1) Commission Regulation (EU) No 1230/2012 is amended as follows.

(2) In Article 1 (subject matter and scope), in paragraph 1, for “EC type-approval” substitute “GB type-approval”.

(3) In Article 2 (definitions)—

(a) in the opening words, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;

(b) in point (1), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(d) in point (11), for the words “a number of axles” to the end, substitute “a tandem axle, or a triaxle, as defined in each case in regulation 2 of the Road Vehicles (Authorised Weight) Regulations 1998[^f00118]”;

(e) in point (40), for “applicable in a Member State” substitute “set out in regulation 4 of the Road Vehicles (Authorised Weight) Regulations 1998 and regulations 7 and 8 of the Road Vehicles (Construction and Use) Regulations 1986[^f00119], read for these purposes as if they did not include regulation 7(3A)(a)”.

(4) In Article 4 (EC type-approval of a type of vehicle re masses and dimensions)—

(a) in the heading, and in paragraphs 1 and 8 for “EC type-approval” substitute “GB type-approval”;

(b) in paragraph 9—

(i) in the first subparagraph—

(aa) after “grant a” insert “GB”;

(bb) 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”;

(d) in paragraph 11, for “Article 12(2) of Directive 2007/46/EC” substitute “Article 31(3) and (4) of Regulation (EU) 2018/858”.

(5) In Article 4a (EC separate technical unit type-approval of aerodynamic devices and equipment)—

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

(b) in paragraph 1, for “EC type-approval” substitute “GB type-approval”;

(i) for “an EC” substitute “a GB”;

(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”;

(d) in paragraph 3, for “an EC” substitute “a GB”.

(6) In Article 4b (EC separate technical unit type-approval mark)—

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

(b) for “an EC” substitute “a GB”.

(7) Omit Article 5 (registration/in-service maximum permissible masses).

(8) In Article 6 (derogations)—

(a) for paragraph 1, substitute—

(1) Without prejudice to Article 9 of the Road Vehicles (Authorisation of Special Types) (General) Order 2003[^f00120], a GB type-approval may be granted for— (a) motor vehicles, the width of which exceeds the requirements of this Regulation, or (b) trailers, the length or width of which exceeds the requirements of this Regulation, where the vehicle or trailer is intended for the transport of indivisible loads. (1a) Where paragraph 1 applies, the type approval certificate and the certificate of conformity must indicate clearly that the vehicle, or trailer, as appropriate, is intended only for the transport of indivisible loads.

(b) in paragraph 2—

(i) for “Member States” substitute “The approval authority”;

(ii) for “Articles 23 and 24 of Directive 2007/46/EC” substitute “Articles 42 and 45 of Regulation (EU) 2018/858”;

(iii) omit the second subparagraph.

(9) In Article 7 (transitional provisions), omit paragraph 2, and the second subparagraph of paragraph 3.

(10) After Article 9 (entry into force), omit the words “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commission Regulation (EU) No 1230/2012: Annexes

72

(1) The Annexes to Commission Regulation (EU) No 1230/2012 are amended as follows.

(2) In Annex I (technical requirements)—

(a) in Part A (vehicles of category M₁ and N₁)—

(i) in point 1.1.2(c), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(ii) omit point 1.1.3;

(iii) in points 1.2 and 1.3, for “length, width and height”, each time these words occur, substitute “length and width”;

(iv) omit point 2.7.2.2;

(v) in point 3.1.1.1(c), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(b) in Part B—

(i) in point 1.1.3, for “4,00 m” substitute “4.57 m”;

(ii) in point 2.1.3.1, for “The additional weight required for alternative fuel or zero-emission technology in accordance with points 2.3. and 2.4. of Annex I to Directive 96/53/EC shall be defined” substitute “Any increase in the maximum authorised weight of a vehicle that is permitted for alternative fuel or zero-emission technology in accordance with regulation 4 of the Road Vehicles (Authorised Weight) Regulations 1998[^f00121] must be determined”;

(iii) in point 2.1.3.2—

(aa) for “the following additional symbol” substitute “one or both of the following additional symbols”;

(bb) for “additional weight” both times it occurs, substitute “increase in weight”;

(cc) at the end of the second subparagraph, insert “, or”;

(dd) after the second subparagraph, insert—

‘AWR REGULATION 4 COMPLIANT – XXXX KG’

(iv) in point 7.4, for “Annex XVI to Directive 2007/46/EC” substitute “Annex VIII to Regulation (EU) 2018/858”;

(v) in point 8.3, for “Annex XVI to Directive 2007/46/EC” substitute “Annex VIII to Regulation (EU) 2018/858”;

(i) in point 1.1.2(b), for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(ii) omit point 1.1.3;

(iii) in points 1.2 and 1.3. for “length, width and height” each time those words occur, substitute “length and width”;

(iv) in point 1.4.2—

(aa) for “the following additional symbol” substitute “one or both of the following additional symbols”;

(bb) at the end of the second subparagraph, insert “, or”;

(cc) after the second subparagraph, insert—

‘C&U REGULATION 7(3D) COMPLIANT’

(dd) for “text ‘96/53/EC ARTICLE 9A COMPLIANT’” substitute “symbols above”;

(v) in point 2.1.4.1, for “The additional weight required for alternative fuel or zero-emission technology in accordance with point 2.3. of Annex I to Directive 96/53/EC shall be defined” substitute “Any increase in the maximum authorised weight of a vehicle that is permitted for alternative fuel or zero-emission technology in accordance with regulation 4 of the Road Vehicles (Authorised Weight) Regulations 1998 must be determined”;

(vi) in point 2.1.4.2—

(aa) for “the following additional symbol” substitute “one or both of the following additional symbols”;

(bb) for “additional weight”, both times it occurs, substitute “increase in weight”;

(cc) after “XXXX KG”, on a new line insert—

or - ‘AWR REGULATION 4 COMPLIANT – XXXX KG’

(vii) in point 4.2.1, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(viii) in point 6.4, for “Annex XVI to Directive 2007/46/EC” substitute “Annex VIII to Regulation (EU) 2018/858”;

(ix) in point 7.3, for “Annex XVI to Directive 2007/46/EC” substitute “Annex VIII to Regulation (EU) 2018/858”;

(d) in Part D—

(i) in point 1.1.2, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(ii) omit point 1.1.3;

(iii) in points 1.2 and 1.4, for “length, width and height”, in each place those words occur, substitute “length and width”;

(iv) in point 1.3, omit “, height”;

(e) in Appendix 2 to Annex I—

(i) in point 2.1, for “Directive 2009/23/EC of the European Parliament and of the Council” substitute “the Non-automatic Weighing Instruments Regulations 2016[^f00122]”;

(ii) in point 2.2—

(aa) in the opening words, for “Annex III to Directive 2007/46/EC” substitute “Annex II to Commission Implementing Regulation (EU) 2020/683”;

(bb) in subparagraph (c), for “Article 12(2) of Directive 2007/46/EC” substitute “Article 31(3) and (4) of Regulation (EU) 2018/858”;

(f) in Appendix 4 to Annex I, in point 1.3, for “Annex XVI to Directive 2007/46/EC” substitute “Annex VIII to Regulation (EU) 2018/858”.

(3) In Annex II (gradeability of off-road vehicles)—

(a) in point 1.1, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(b) in point 1.2, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”;

(c) in point 2.1.1, for “Annex I to Directive 2007/46/EC” substitute “Annex I to Commission Implementing Regulation (EU) 2020/683”;

(d) in point 3.3, for “Annex II to Directive 2007/46/EC” substitute “Annex I to Regulation (EU) 2018/858”.

(4) In Annex V—

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

(b) in Part A (information document: vehicles and their trailers: masses and dimensions)—

(i) in the opening paragraph, for “EC type-approval” substitute “GB type-approval”;

(ii) in point 2.4.2.1.3, for “Article 9a of Directive 96/53/EC” substitute “point 1.4 of Part C of Annex I to Commission Regulation (EU) No 2012/1230”;

(iii) in point 2.4.2.6, for “points 3.1.1 and 3.2.1 of Appendix 1 to Annex II to Directive 2007/46/EC” substitute “points 4.1 and 4.2 of Part A of Annex I to Regulation (EU) 2018/858”;

(iv) in point 2.6.4, for “Additional weight” substitute “Increase in mass”;

(v) renumber point 2.11.4.1 as point 2.11.3.1, and move that point to follow point 2.11.3;

(vi) renumber point 2.11.4.2 as point 2.11.3.2, and move that point to follow point 2.11.3.1;

(vii) in point 9.1, for “Annex II” substitute “Annex I to Regulation (EU) 2018/858”;

(viii) in point 9.25, for “Article 9a of Directive 96/53/EC” substitute “point 1.4 of Part C of Annex I to Commission Regulation 2012/1230”;

(ix) in the Explanatory notes to the information document—

(aa) in note (c), for “Part A of Annex II” substitute “Article 4 of Regulation (EU) 2018/858”;

(bb) for note (e) substitute—

(e) ‘Forward control’ means a configuration in which more than half of the engine length is rearward of the foremost point of the windshield base and the steering wheel hub in the forward quarter of the vehicle length as defined in the explanatory note (z) of Appendix 1 of Part 1 of Annex 1 to UN Regulation No 107, as amended by the 07 series of amendments[^f00123].

(cc) in note (ⁿ), for “Council Directive 80/1269/EEC” substitute “Regulation (EC) No 715/2007 or Regulation (EC) No 595/2009 as applicable”;

(dd) in note (o), for “Council Directive 80/1268/EEC” substitute “Regulation (EC) No 715/2007”;

(ee) in note (t), for “Annex III to Directive 77/649/EEC” substitute “Annex III to UN Regulation No 17, as amended by the 08 series of amendments[^f00124]”;

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

(ii) for the words from “Communication concerning” to “reason for extension” substitute—

Communication concerning granting / extension / refusal / withdrawal (⁷) of type-approval of a type of vehicle with regard to its masses and dimensions in accordance with the requirements laid down in Commission Regulation (EU) 2012/1230 as it has effect in domestic law, as last amended by SI_/___. Number of the GB type-approval certificate: Reason for extension / refusal / withdrawal (¹):

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

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

(iv) in Section II, for points 1 to 8 and the following 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—

(aa) in the heading, for “EC type-approval” substitute “GB type-approval”;

(bb) in point 1, for “Derogations” substitute “Additional information”;

(cc) in point 1.1, after “6(1)” insert “or 6(2)”;

(dd) after point 1.1, insert—

(1.1.1) Vehicle intended for transport of indivisible loads only: yes / no

(ee) for points 1.2 and 1.3, substitute—

(1.2) The vehicle has been type-approved in accordance with paragraphs 1.3.1.1 or 1.3.1.2 of Part C of Annex I to Commission Regulation (EU) 2012/1230 (i.e. aerodynamic devices or equipment at the rear of the vehicle): yes / no: (1.3) The vehicle has been type-approved in accordance with paragraphs 1.3.1.3 or 1.4 of Part C of Annex I to Commission Regulation (EU) 2012/1230 (i.e. a cab fitted with aerodynamic devices or equipment or an elongated cab): yes / no:

(ff) in point 1.4, for “for the purposes of Article 10b of Directive 96/53/EC” substitute “in accordance with Regulation 4 of the Road Vehicles (Authorised Weight) Regulations 1998”;

(gg) in points 1.4.1 and 1.4.2, for “Additional weight” substitute “increase in weight”;

(d) in Part C (information document: aerodynamic device or equipment as separate technical unit), in the heading, and each time it occurs, for “EC type-approval” substitute “GB type-approval”;

(e) in Part D (EC type-approval certificate: aerodynamic device or equipment as separate technical unit)—

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

(ii) for the words from “Communication concerning” to “reason for extension” substitute—

Communication concerning granting / extension / refusal / withdrawal of type-approval of a type of an aerodynamic device or equipment as a separate technical unit in accordance with the requirements laid down in Commission Regulation (EU) 2012/1230 as it has effect in domestic law, as last amended by SI…./……. Number of the GB type-approval certificate: Reason for extension / refusal / withdrawal (¹):

(iii) in Section I, for points 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)

(iv) in Section II, for points 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)

(f) in Part E (EC separate technical unit type-approval mark)—

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

(ii) in the heading, at the end, insert “for an aerodynamic device or equipment”;

(iii) for point 1.1, substitute—

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

(iv) in point 1.3, after “‘96/53/EC ARTICLE 9A COMPLIANT’”, insert “or the symbol REG 1230/2012, PARA 1.3.1.3 of PART C of ANNEX I COMPLIANT”;

(v) in point 1.4, after “‘96/53/EC ARTICLE 8B COMPLIANT’”, insert “or either of the symbols “REG 1230/2012, PARA 1.3.1.1 of PART C of ANNEX I COMPLIANT” or “REG 1230/2012, PARA 1.3.1.2 of PART C of ANNEX I COMPLIANT” as appropriate”;

(vi) in point 3, for “an EC” substitute “a GB”;

(vii) for figure 1, substitute—

[image omitted]

(viii) in the explanatory note—

(aa) omit the words “(for the purpose of compliance with Article 8b of Directive 96/53/EC)”;

(bb) omit “by Romania”.

Regulation (EU) No 167/2013

73

(1) Regulation (EU) No 167/2013 is amended as follows.

(2) In Article 40 (making available on the market or entry into service: components and separate technical units)—

(a) in paragraph 1, for the words after “service” to the end, substitute “if paragraph 1A applies to the components or separate technical units”;

(b) after paragraph 1, insert—

(1A) This paragraph applies to components or separate technical units if they— (a) comply with the requirements of the relevant regulatory acts listed in Annex I and are properly marked in accordance with Article 34; (b) comply with the requirements of the relevant regulatory acts listed in Annex I to Regulation (EU) No 167/2013[^f00125] as it has effect in EU law, provided that the component or separate technical unit— (i) has approval under section 55(1A) or (1D) of the Road Traffic Act 1988[^f00126], (ii) was in the United Kingdom before 1st January 2023, or (iii) is a qualifying Northern Ireland good; or (c) comply with the requirements of the relevant regulatory acts listed in Annex I to Regulation (EU) No 167/2013 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement, provided that— (i) they are properly marked in accordance with Article 34 of that Regulation, and (ii) they have approval under that Regulation from the Secretary of State.

(5) By way of derogation from paragraph 1, replacement components and separate technical units that were EU type-approved before 1st January 2023 in accordance with the requirements listed in Annex I to Regulation (EU) No 167/2013 as it has effect in EU law may be made available on the market or entered into service.

Regulation (EU) No 168/2013

74

(1) Regulation (EU) No 168/2013 is amended as follows.

(2) In Article 45 (making available on the market or entry into service: components and separate technical units)—

(a) in paragraph 1, for the words after “service” to the end, substitute “if paragraph 1A applies to the components or separate technical units”;

(b) after paragraph 1, insert—

(1A) This paragraph applies to components or separate technical units if they— (a) comply with the requirements of the relevant regulatory acts listed in Annex II and are properly marked in accordance with Article 39; (b) comply with the requirements of the relevant regulatory acts listed in Annex II to Regulation (EU) No 168/2013[^f00127] as it has effect in EU law, provided that the component or separate technical unit— (i) has approval under section 55(1A) or (1D) of the Road Traffic Act 1988[^f00128], (ii) was in the United Kingdom before 1st January 2023, or (iii) is a qualifying Northern Ireland good; or (c) comply with the requirements of the relevant regulatory acts listed in Annex II to Regulation (EU) No 168/2013 as it has effect by virtue of the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement, provided that— (i) they are properly marked in accordance with Article 39 of that Regulation, and (ii) have approval under that Regulation from the Secretary of State.

(5) By way of derogation from paragraph 1, replacement components and separate technical units that were EU type-approved before 1st January 2023 in accordance with the requirements listed in Annex I to Regulation (EU) No 168/2013 as it has effect in EU law may be made available on the market or entered into service.

Regulation (EU) No 540/2014: Articles

75

(1) Regulation (EU) No 540/2014 is amended as follows.

(2) In Article 1 (subject matter)—

(a) for “EU” substitute “GB”;

(b) for “the Union” substitute “Great Britain”.

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

(4) In Article 3 (definitions)—

(a) in the opening words, for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;

(b) in point (1), for “Directive 2007/46/EC” substitute “Regulation (EU) 2018/858”;

(d) in point (21), for “EU” substitute “GB”.

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