EU type-approval legislation with regard to the UK (1) withdrawal

SUMMARY OF:

Regulation (EU) 2019/26 — complementing EU type-approval legislation with regard to the withdrawal of the United Kingdom (1) from the EU

WHAT IS THE AIM OF THIS REGULATION?

It establishes new rules to ensure a smooth transition for the type-approval* of motor vehicles, as well as of systems, components and separate technical units intended for these vehicles, when the UK (1) leaves the EU.

KEY POINTS

Legal context

Under EU law, the approval of a vehicle type in one EU country is valid EU-wide without the need for further tests and re-certification in other EU countries.
After the UK's withdrawal from the EU (or at the end of the transition period, if the Withdrawal Agreement is ratified), the UK (1) type-approval authority will no longer be a national authority of an EU country.
Therefore, without agreement on a new relationship between the two parties, it will no longer be possible for manufacturers to place vehicles on the market of the 27 remaining EU countries (EU-27) on the basis of type-approvals granted in the UK (1).

EU-27 type-approval

Manufacturers can apply to an EU-27 type-approval authority for types previously approved by the UK (1) authority.
Manufacturers must:
- pay fees to the EU type-approval authority for carrying out its functions and duties;
- provide documentation and information to the EU authority if requested.

Conditions for approval

The type must comply with the rules for the placing on the market, registration or entry into service of new vehicles, systems, components or separate technical units applicable when the EU type-approval takes effect.
Approval may be granted on the basis of the same test reports used for the granting of the UK (1) type-approval in accordance with the applicable rules, regardless of whether the technical service that issued the test report has been designated and notified by the EU country granting the EU type-approval.
The EU authority can request the repetition of specific tests. These must be carried by a technical service designated and notified by that authority.
EU type-approval takes effect on the day it is granted granting unless otherwise stated. The UK (1) type-approval becomes invalid on the day preceding that on which EU type-approval takes effect.
- In any event, UK (1) type-approval will become invalid at the latest on the day on which the EU type-approval legislation ceases to apply to and in the UK (1).

EU type-approval authority

From the time that the EU type-approval takes effect, the EU authority in question is responsible for vehicles, systems, components and separate technical units manufactured on the basis of the UK (1) type-approval and placed or to be placed on the market, registered or put into service in the EU.
The manufacturer must also request that the EU authority in question takes over the obligations of the UK (1) type-approval authority concerning the manufacturer's other vehicles, systems, components or separate technical units placed on the market, registered or entered into service in the EU on the basis of UK (1) type-approvals that have either become invalid, or for which no EU type-approval is sought under this regulation.
This request must be made for all vehicles, systems, components and separate technical units based on UK (1) type-approvals held by the manufacturer that were granted after 1 January 2008 unless the manufacturer can provide proof of an agreement with another EU type-approval authority covering those vehicles, systems, components and separate technical units.
The EU authority is not responsible for any acts or omissions of the UK (1) authority.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 13 January 2019.

BACKGROUND

The EU has adopted specific type-approval and market surveillance rules for agricultural and forestry vehicles, as well as for 2 and 3 wheel vehicles and quadracycles.

KEY TERMS

Type-approval: the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies certain legal requirements.

MAIN DOCUMENT

Regulation (EU) 2019/26 of the European Parliament and of the Council of 8 January 2019 complementing Union type-approval legislation with regard to the withdrawal of the United Kingdom from the Union (OJ L 8I, 10.1.2019, pp. 1-7)