Proposal for a Regulation complementing EU type approval legislation with regard to UK withdrawal from the EU
The European legislation foresees that a type-approval needs to be issued for the placing on the market of vehicles, systems, components and separate technical units as provided in
- Directive 2007/46/EC concerning the type-approvals of motor vehicles and trailers (to be replaced by a
- Regulation which will be applicable as from 1 September 2020);
- Regulation (EU) No 167/2013 concerning the type-approval of two- and three-wheeled vehicles and
- Regulation (EU) No 168/2013 concerning the type-approval of agricultural and forestry vehicles; and
- Regulation (EU) 2016/1628 concerning the type-approval of engines for use in non-road mobile machinery.
The legislation relies on the recognition of type-approvals issued in one Member State throughout the Union. While manufacturers can choose the Member State where they apply for type approval, they are only allowed to apply for the approval of a particular type in one Member State to avoid type approval shopping. By issuing a type approval, an EU type-approval authority also becomes responsible for ensuring conformity of production and, for motor vehicles, in-service conformity under the type-approval. The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that, unless a ratified withdrawal agreement establishes another date, all Union primary and secondary law will cease to apply to the United Kingdom from 30 March 2019, 00:00h (CET) (‘the withdrawal date’). The United Kingdom will then become a ‘third country’.
This means that as of the withdrawal date, the United Kingdom type approval authority will cease to be an EU type-approval authority and will no longer be able to fulfil any of the powers and obligations of a type-approval authority under EU legislation. Manufacturers who obtained approvals in the United Kingdom in the past will need new approvals from EU-27 type approval authorities, including for products already in production, in order to ensure continued compliance with EU law. Significant legal uncertainty has been identified in this context, which this initiative aims to address.
Please click here: PART-2018-249105V1 in order to access the Proposal for a Regulation of the European Parliament and of the Council complementing EU type approval legislation with regard to the withdrawal of the United Kingdom from the European Union, notably Directive 2007/46/EC, Regulation (EU) No 167/2013, Regulation (EU) No 168/2013 and Regulation (EU) No 2016/1628.
NB: The draft regulation is open to one-month feedback .